M E M O R A N D U M
From: Michael J. Merritt
TO: Jeff Peck, Assistant Principal, Whitefish High School
Dave Means, Superintendent, Whitefish Schools
Montana Child and Family Services Division
Montana Department of Justice
Attorney General Tim Fox
Travis R. Ahner, Flathead County Attorney
Whitefish Police Department
Flathead County Sheriff’s Office
Newton Police Department, IA
Jasper County Sheriff’s Office
Subject: Declaration and Evidence of actions taken by ******* *. ******* in the concealment of *****/******* ******* violating Montana CodeAttachments:
Exhibit T: Ramona Unified School District Attendance Records showing evidence of parental neglect and violations of the California Education and Penal Code
We spoke on the phone on 14 August 2020 regarding my children ***** and ******* *******, who you confirmed have attended Whitefish High School as students since the Spring 2020 semester. You told me that you could not allow me any parental rights to information regarding two of your students because I am not listed anywhere in your system. You told me that you could not help me without a court order or parental plan from San Diego East County Court. What you fail to realize is that the fact that I am not listed in your school’s system indicates that you have not been provided any court documentation from these student’s Mother who they currently live with, communicating that I have no legal rights to my children or that there is a protection order in place denying me information your school district has in regards to my children’s current education status. As I represent myself in this court case, I can also inform you that one does not exist. Your handling of this situation from my own analysis does not follow the laws of your state or your professional responsibilities, and I will qualify this statement in the paragraphs below. Your handling of this situation is also without integrity. I qualify this statement because you provided me information over the phone that your position most likely does not authorize you to give a person who has not verified their identity or legal connection to two of your students. I have arrived at this conclusion with your refusal to provide the information you provided me during our phone conversation in a follow-up email. The motivations and validity of spoken dialog must be questioned if the individual offering it does not have the courage to back it up in written form. Just as a verbal show of appreciation for another’s service to their country has no value if the one offering it is unwilling to perform their responsibilities to protect the rights that a person has defended and has been denied. Most importantly, the children he has been trying to find for multiple years that your state laws dictate you are responsible for.
Montana Code Title 40 FAMILY LAW, Chapter 7, shows your state’s participation and guidelines regarding the Uniform Child Custody Jurisdiction and Enforcement Act. The State of California is also a participant.
Montana Code Title 41 MINORS, Chapter 3. CHILD ABUSE AND NEGLECT, Part 2. Reports and Investigations, Section 41-3-2010(d) states that school teachers, other school officials, and employees who work during regular school hours who have reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected by anyone regardless of whether the person suspected of causing the abuse or neglect is a parent or other person responsible for the child’s welfare, they shall report the matter promptly to the department of public health and human services.
Montana Code Title 41 MINORS, Chapter 3. CHILD ABUSE AND NEGLECT, Part 2. Reports and Investigations, Section 41-3-207(1) states any person, official or institution required by 41-3-201 to report or suspected child abuse or neglect who fails to do so or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by the act or omission. Paragraph (2) of Section 41-3-207 states except as provided in subsection (3), any person or official required by 41-3-201 to report known or suspected child abuse or neglect who purposely or knowingly fails to report known child abuse or neglect or purposely or knowingly prevents another person from making a report is guilty of a misdemeanor. If a judge in the future rules that the abuse my children have endured is sexual abuse due to the manipulation they have been exposed to regarding false allegations of spousal rape and exploitation in false allegations of child molestation, section 41-3-207 paragraph 3 states failing to report is a felony.
Montana Code Title 41 MINORS, Chapter 3. CHILD ABUSE AND NEGLECT, Part 1. General, Section 41-3-102(7)(a) states, “Child abuse or neglect” means actual physical or psychological harm to a child; substantial risk of physical or psychological harm to a child; or abandonment.
Montana Code Title 45 MINORS, Chapter 5. OFFENSES AGAINST THE PERSON, Part 6. Offenses Against the Family, Section 45-5-634 states a person commits the offense of parenting interference if, knowing that the person has no legal right to do so, the person before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other parent when the action manifests a purpose to substantially deprive that parent or parenting rights.
Mr. Peck, I am not required to provide you with any legal paperwork. Evidence shows you have not been provided any legal paperwork indicating I have been denied parental rights. Yet, you have identified that a legal parent of two of your students is not listed within your system, showing parental interference. I have communicated to you previously on the phone that I have not seen my children since June of 2017. When children are maliciously denied years with their Father during the developing years of their life, is this not psychological abuse? I have shown you enough evidence to give you a reasonable cause to suspect that two of your students have experienced the most malicious forms of psychological abuse and damaging forms of parental interference for over 3 years and when they have been enrolled in your school.
Your Principal Kerry Drown communicates on your website:
“Our staff of teachers, counselors, administrators and support personnel at WHS is dedicated to helping students develop and realize their individual goals. Our primary focus is to prepare and guide each of our students to be college, career and citizenship ready upon graduation.”
How can you qualify this statement when, as a leader of the front-line employees leading this school’s children, you show no concern for your responsibilities under your state’s laws? How can you communicate you care about a child’s future when you do nothing to protect them from abuse in the present that has been brought to your attention.
Mr. Peck, I expect to hear from you promptly with corrected actions, including proper reporting with the Montana Department of Public Health and Human Services, as well as communicating with me all information regarding my children’s status and enrollment dates at your school. You were provided a birth certificate with my name on it to register these students, were you not?Upon initiating an investigation within your school district, you will also find that this parent is also utilizing the Montana Office of Consumer Protection for an address to conceal these students.
PO Box 201410
Helena, MT 59620
Any future correspondence between myself and your school district will be through the United States Postal Office, including documents that can be produced in court. I will not initiate or allow any future dialog over the phone.
Michael J. Merritt