Petition 3: the Brewster Petition

Additional commentary by Timothy Horrigan
(member of the House Petitions & Redress Committee)

Over the decades, Michael Brewster has been through at least three criminal trials related to his feud with the Department of Health and Human Services, one of which led to a state Supreme Court case (He won the Supreme Court case.) His daughter is now a woman in her early 30s.




PETITION 3

PETITION FOR REDRESS OF GRIEVANCE

TO: The Honorable House of Representatives

FROM: Petitioner Representative Daniel Itse, Rock. 9

DATE: April 6, 2011

SUBJECT: Grievance of Michael Brewster

Your Petitioner, Representative Itse on behalf of Michael Brewster, hereinafter presents the following summary of his grievance against the State of New Hampshire, Rockingham County Superior Court and invokes the constitutional authority and duty of the Honorable House of Representatives pursuant to Articles 31 and 32 of the New Hampshire Constitution to bring about redress:

Michael Brewster reported his ex-wife for neglect of his daughter due to her drug addiction. Initially Mr. Brewster was given custody, until without explanation his custody was revoked and his daughter was put in foster care. Mr. Brewster's requests to know the charges against him were refused. He was required to make a limited number of child support payments. His request to obtain a record of his payments and their distribution has been refused. As a result of his requests to obtain this information, a restraining order has been enforced against Mr. Brewster on behalf of the Child Support Division. As a result of this restraining order, Mr. Brewster was arrested for attending a public hearing and convicted of a misdemeanor.

Wherefore, your Petitioner prays that the House of Representatives consider this proposed remedy:

Michael Brewster will be made whole if he is provided with the cause for the removal of his daughter from his custody, the records of his child support payments and their disbursement, removal of the restraining order, and the pardoning of his misdemeanor.

Respectfully submitted by Petitioner Representative Itse on Behalf of Michael Brewster.


Mr. Brewster is never going to be satisfied, but the committee did eventually give his petition a positive "Founded" vote. The Minority's report never appeared in the calendar, but we did write one up:



PETITION #3 grievance of Michael Brewster.  (Report filed 8/8/12)

Grievance Founded with Recommendations.

Committee Findings:

The Redress of Grievance Committee listened to the testimony of the Petitioner describing his ordeals parenting his child under difficult circumstances and finally having that child removed from his custody. The Committee looked at his supporting documents and finds credible that he lost custody of his daughter to the state without clear determinations and, for over twenty years, though he has requested them repeatedly, has been unable to obtain complete documents from the state that might describe the allegations  against him which caused his loss of custody of his child— or any single document that showed the cause. The Petitioner's loss of the companionship of his daughter without the ability to know the exact allegations against him is contrary to Part 1 Article 15 of the New Hampshire Constitution as parenting has been recognized by the Supreme Court of New Hampshire as a fundamental liberty.  At one point he successfully moved the court to receive a "full and complete copy" of his file.  As a result he was allowed a single day's time only, to review a voluminous stack of documents but that, too, according to the Petitioner proved incomplete and he was charged a remarkable rate of 75 cents for the pages he had time to copy. He also made custody payments regarding which he requested copies of records showing how they were disbursed and here, too, was refused. His case was inexplicably removed to a court in another county contrary to our norms and common sense making his defense and court actions extremely difficult. The Redress of Grievance Committee notes that Article 8 of our State Constitution provides that our magistrates be accountable at all times and recommends that all extant records including anything pertaining to charges leading up to the removal of the child, particularly the sealed Guardian Ad Litem report from 1987 and all extant records regarding his child support payments be subpoenaed by the House on the Petitioner's behalf for him to review and that the House provide copies for him.

The Committee further recommends that the laws of the state be amended:

  1. 1. In a manner similar to that provided in 2012's House Bill 415 to provide Division for Children, Youth and Families (DCYF) case records and knowledge of third-party reports to any parent of a child who is subject of a petition pursuant to 169-C;

  2. 2. To provide either the payee or the payor in a child support case a full copy of the account within 30 days of a request;

  3. 3. To create a fund to award payments for agency non-compliance with statutes to the individual affected. 


The Committee finally also recommends that the General Court undertake a study of court and agency document retention with a view to making files permanently available electronically and how to issue copies of requested records at reduced costs to those with financial hardships.


Vote 7-3.


Rep. Paul Ingbretson for the Committee







2011 House Petitions:





See Also:



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