IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS RAYMOND R. SCHWAB AMELIA D. SCHWAB Plaintiffs, v. CASE NO. 18-CV-02488 VIOLATION OF CIVIL RIGHTS (42 U.S.C. § §1983), FRAUD, SLANDER, INTERFERANCE WITH LAWFUL PARENTALCUSTODY. JURY TRIAL DEMANDED KRIS KOBACH Et. Al. Respondents. Plaintiff Response to Defendant DCF, KIM YOXELL, ANGIE SUTHER ET.AL Motion to ‘Comes now Raymond R Schwab and Amelia D Schwab Jointly In Propia Persona requesting the Court deny defendant DCF, YOXELL, SUTHER, GILMORE, FREED and BAKER'S motion to dismiss and request that if the Court dismisses the suit against the defendant's in their official capacity that the Court would order counsel to provide valid addresses that the Plaintiff's may enact service as the defendant's have been difficult to locate. ‘The Plaintiff's Initial Complaint was filed Aug 27, 2018 in Denver Colorado (DOC 1). Plaintiff's were asked, by the State of Colorado Magistrate, to file the complaint using a specific format and Plaintiff Response DCF 1template so they placed the same complaint on the form provided by the Court September 5 2018 which was listed as an amended complaint (DOC 7). The case was subsequently transferred to Kansas, per request of the Plaintiffs, Sept 10, 2018, December 28" 2018 YOXELL, SUTHER, GILMORE, FREED and BAKER filed a motion to dismiss (DOC 55) to which this is ‘our response, Plaintiff's agree with the fact that this current litigation and complaint arise out of alleged unconstitutional, tortious, damaging conduct and actions which occurred during a Child In Need Of Care (CINC) proceeding by multiple defendant's against Raymond and Ametia Schwab and their five minor children which spanned from April 27" 2015 to May of 2018, When Raymond and Amelia Schwab (The Schwab's) filed their first action in April of 2016, Raymond Schwab, et al. v. State of Kansas, Case No. 16-CV-4033-DDC-KGS. DCF had a limited role as they had been sued for violations of CAPTA, (Child Abuse Prevention Act ) By Children's Rights INC. many years before for neglect and abuse of foster kids in Kansas by then named SRS, and developed a plan for contractors to run their foster care system (89-CV-33 ‘Shawnee District Court, Division 4 Sept 1, 1999) . This is not the first time this agency has been sued for serious and legitimate negligence issues. Currently there is another class action lawsuit pending claiming that DCF is harming foster kids and is an unsafe for children organization. 70 foster children have vanished out of Kansas Foster Care of which half are still missing. DCF has history of being accused of attacking whistleblowers, protecting the State rather than telling the tvuth, obfuscation and destruction of reports to hide their misdeeds. Contractors like KVC having recent allegations of a worker raping children who were being held in offices rather than homes is a sign of DCF negligence because they assist, are complicit, in covering up the problems rather than fixing them. They are known to retaliate by anyone who has had their lives interfered with Plaintiff Response DCF 2by this out of control institution and the Schwab's have many witnesses who can attest this is a policy and practice of DCF not just an anomaly which the Schwab's had the misfortune of experiencing. 1s interesting other Defendant's claim it would be hard to believe that DCF is doing exactly what they have been accused of doing by more than the Schwab's which is why GILMORE was forced out of office early from pressure by the Kansas Oversight Committee. Rep Jarrod Ousley shared with the Schwab's during a protest that DCF was fighting him behind the scenes to stop an oversite committee even being formed because they are not prone to transparency and accountability. DCF does not like transparency and to be challenged for poor performance. Another lawsuit was filed by a DCF Supervisor in March of 2015, who blew the whistle on other Social workers falsifying reports, and instead of fixing it DCF fired her in retaliation for the whistleblowing. This lawsuit that Kansas DCF social workers were falsifying eports came two months prior to the taking of the Schwab children through fraud and perjury by the RCPD, State and DCF. Gilmore was retired early and replaced in 2017 due to her disconnect to the damage she was causing children and families. During the period the Schwab children were in DCF custody Gilmores agency failed two audits leading even media to claim that children were not safe in the Kansas Foster Care System. Gilmore wrote editorials praising Kansas DCF for being one of the safest in the nation while children were being murdered under their watch, warehoused in offices where children were sexually assaulted and 70 kids remained missing. If Kansas is the safest in the nation, then ttuly children are endangered everywhere by these State agencies and every citizen should be alarmed. Plaintiff Response DCF 3