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Tag Archives: Child Protective Service

Child Protective Services aka CPS, Everything you ever wanted to know. The Good, The bad, and The Ugly.


Federal

U.S. federal laws that govern CPS agencies include:

History

In 1690, in what is now the United States, there were criminal court cases involving child abuse.[1] In 1692, states and municipalities identified care for abused and neglected children as the responsibility of local government and private institutions.[2]In 1696, The Kingdom of England first used the legal principle of parens patriae, which gave the royal crown care of “charities, infants, idiots, and lunatics returned to the chancery.” This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families’ child rearing practices.[3]

In 1825, states enacted laws giving social-welfare agencies the right to remove neglected children from their parents and from the streets. These children were placed in almshouses, in orphanages and with other families. In 1835, the Humane Society founded the National Federation of Child Rescue agencies to investigate child maltreatment. In the late-19th century, private child protection agencies – modeled after existing animal protection organizations – developed to investigate reports of child maltreatment, present cases in court and advocate for child welfare legislation.[4]

In 1853, the Children’s Aid Society was founded in response to the problem of orphaned or abandoned children living in New York.[5] Rather than allow these children to become institutionalized or continue to live on the streets, the children were placed in the first “foster” homes, typically with the intention of helping these families work their farms.[6][7]

In 1874, the first case of child abuse was criminally prosecuted in what has come to be known as the “case of Mary Ellen.” Outrage over this case started an organized effort against child maltreatment[8] In 1909, President Theodore Roosevelt convened the White House Conference on Child Dependency, which created a publicly funded volunteer organization to “establish and publicize standards of child care.”[6] By 1926, 18 states had some version of county child welfare boards whose purpose was to coordinate public and private child related work.[7] Issues of abuse and neglect were addressed in the Social Security Act in 1930, which provided funding for intervention for “neglected and dependent children in danger of becoming delinquent.” [8]

In 1912, the federal Children’s Bureau was established to manage federal child welfare efforts, including services related to child maltreatment. In 1958, amendments to the Social Security Act mandated that states fund child protection efforts.[9] In 1962, professional and media interest in child maltreatment was sparked by the publication of C. Henry Kempe and associates’ “The battered child syndrome” in JAMA. By the mid-1960s, in response to public concern that resulted from this article, 49 U.S. states passed child-abuse reporting laws.[10] In 1974, these efforts by the states culminated in the passage of the federal “Child Abuse Prevention and Treatment Act” (CAPTA; Public Law 93-247) providing federal funding for wide-ranging federal and state child-maltreatment research and services.[11] In 1980, Congress passed the first comprehensive federal child protective services act, the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), which focused on state economic incentives to substantially decrease the length and number of foster care placements.[12]

Partly funded by the federal government, Child Protective Services (CPS) agencies were first established in response to the 1974CAPTA which mandated that all states establish procedures to investigate suspected incidents of child maltreatment.[13]

In the 1940s and 1950s, due to improved technology in diagnostic radiology, the medical profession began to take notice of what they believed to be intentional injuries.[14] In 1961, C. Henry Kempe began to further research this issue, eventually identifying and coining the term battered child syndrome.[14] At this same time, there were also changing views about the role of the child in society, fueled in part by the civil rights movement.[7]

In 1973, Congress took the first steps toward enacting federal legislature to address the issue of child abuse. The Child Abuse Prevention and Treatment Act[15] was passed in 1974, which required states “to prevent, identify and treat child abuse and neglect.”[8]

Shortly thereafter, in 1978, the Indian Child Welfare Act (ICWA) was passed in response to concerns that large numbers of Native American children were being separated from their tribes and placed in foster care.[16] This legislation not only opened the door for consideration of cultural issues while stressing ideas that children should be with their families, leading to the beginnings offamily preservation programs.[17] In 1980, the Adoption Assistance Act[18] was introduced as a way to manage the high numbers of children in placement.[7] Although this legislation addressed some of the complaints from earlier pieces of legislation around ensuring due process for parents, these changes did not alleviate the high numbers of children in placement or continuing delays in permanence.[17] This led to the introduction of the home visitation models, which provided funding to private agencies to provide intensive family preservation services.[7]

In addition to family preservation services, the focus of federal child welfare policy changed to try to address permanence for the large numbers of foster children care.[17] Several pieces of federal legislation attempted to ease the process of adoption including Adoption Assistance Act;[18] the 1988 Child Abuse Prevention, Adoption, and Family Services Act; and the 1992 Child Abuse, Domestic Violence, Adoption, and Family Services Act.[19] The 1994 Multi-Ethnic Placement Act, which was revised in 1996 to add the Interethnic Placement Provisions, also attempted to promote permanency through adoption, creating regulations that adoptions could not be delayed or denied due to issues of race, color, or national origin of the child or the adoptive parent.[20]

All of these policies led up to the 1997 Adoption and Safe Families Act (ASFA), much of which guides current practice. Changes in the Adoptions and Safe Families Act showed an interest in both protecting children’s safety and developing permanency.[20]This law requires counties to provide “reasonable efforts” (treatment) to preserve or reunify families, but also shortened time lines required for permanence, leading to termination of parental rights should these efforts fail.[7][20] ASFA introduced the idea of “concurrent planning” which demonstrated attempts to reunify families as the first plan, but to have a back-up plan so as not to delay permanency for children.[21]

Comparison to other similar systems

United Kingdom

The United Kingdom has a comprehensive child welfare system under which Local Authorities have duties and responsibilities towards children in need in their area. This covers provision of advice and services, accommodation and care of children who become uncared for, and also the capacity to initiate proceedings for the removal of children from their parents care/care proceedings. The criteria for the latter is ‘significant harm’ which covers physical, sexual and emotional abuse and neglect. In appropriate cases the Care Plan before the Court will be for adoption. The Local Authorities also run adoption services both for children put up for adoption voluntarily and those becoming available for adoption through Court proceedings. The basic legal principle in all public and private proceedings concerning children, under the Children Act 1989, is that the welfare of the child is paramount. In recognition of attachment issues, social work good practice requires a minimal number of moves and the 1989 Children Act enshrines the principle that delay is inimical to a child’s welfare. Care proceedings have a time frame of 40 weeks and concurrent planning is required. The final Care Plan put forward by the Local Authority is required to provide a plan for permanence, whether with parents, family members, long-term foster parents or adopters. Nevertheless, ‘drift’ and multiple placements still occur as many older children are difficult to place or maintain in placements. The role of Independent Visitor, a voluntary post, was created in the United Kingdom under the 1989 Children Act to befriend and assist children and young people in care.

In England, Wales and Scotland, there never has been a statutory obligation to report alleged child abuse to the Police. However both the Children Act 1989 and 2004 makes clear a statutory obligation on all professionals to report suspected child abuse.

The statutory guidance Working Together to Safeguard Children 2006 created the role of Local Authority Designated Officer, This officer is responsible for managing allegations of abuse against adults who work with children (Teachers, Social Workers,Church leaders, Youth Workers etc.).

Local Safeguarding Children Boards (LSCB’s) are responsible ensuring agencies and professionals,in their area,effectively safeguard and promote the welfare of children. In the event of the death or serious injury of a child, LSCB’s can initiate a ‘Serious Case Review’ aimed at identifying agency failings and improving future practice.

The planned ContactPoint database, under which information on children is shared between professionals, has been halted by the newly elected coalition government (May 2010). The database was aimed at improving information sharing across agencies. Lack of information sharing had been identified as a failing in numerous high profile child death cases. Critics of the scheme claimed it was evidence of a ‘big brother state’ and too expensive to introduce.

Working Together to Safeguard Children 2006 (updated in 2010) and the subsequent ‘The Protection of Children in England: A Progress Report’ (Laming, 2009) continue to promote the sharing of data between those working with vulnerable children.[22]

A child in suitable cases can be made a ward of court and no decisions about the child or changes in its life can be made without the leave of the High Court.

In England the Murder of Victoria Climbié was largely responsible for various changes in child protection in England, including the formation of the Every Child Matters programme in 2003. A similar programme – Getting it Right for Every Child – GIRFEC was established in Scotland in 2008.

Canada

In Ontario, services are provided by independent Children’s Aid Societies.[23] The societies receive funding from, and are under the supervision of the Ontario Ministry of Children and Youth Services.[24] However, they are regarded as a Non-governmental organization (NGO) which allows the CAS a large degree of autonomy from interference or direction in the day to day running of CAS by the Ministry. The Child and Family Services Review Board exists to investigate complaints against CAS and maintains authority to act against the societies.[25]

Costa Rica

The Patronato Nacional de la Infancia (PANI) is responsible for Child Protection in Costa Rica.[26]

The agency was founded in 1930 by Dr. Luis Felipe Gonzalez Flores, a Costa Rican magnate at the time. It was founded to combat infant mortality, that at the time, was rampant in Costa Rica. The idea was to put infants up for adoption that the mother could not afford to support (abortion is a crime in Costa Rica).[26]

In 1949, after the Costa Rican Civil War, a new constitution was written, it called for the agency to be an autonomous institution in the government, autonomous from any ministry.[26]

Today the focus is on the UN Convention on the Rights of the Child. The agency still favors adoption, since abortion is illegal in Costa Rica.

Effects of early maltreatment on children in child welfare

Children with histories of maltreatment, such as physical and psychological neglect, physical abuse, and sexual abuse, are at risk of developing psychiatric problems.[27][28] Such children are at risk of developing a disorganized attachment.[29][30][31]Disorganized attachment is associated with a number of developmental problems, including dissociative symptoms,[32] as well as depressive, anxiety, and acting-out symptoms.[33][34]

Standards for Reporting

Generally speaking, a report must be made when an individual knows or has reasonable cause to believe or suspect that a child has been subjected to abuse or neglect. These standards guide mandatory reporters in deciding whether to make a report to child protective services.[35]

Persons Responsible for the Child

In addition to defining acts or omissions that constitute child abuse or neglect, several states’ statutes provide specific definitions of persons who can get reported to child protective services as perpetrators of abuse or neglect. These are persons who have some relationship or regular responsibility for the child. This generally includes parents, guardians, foster parents, relatives, or legal guardians. Once taken away from home, the stated goal of CPS is to reunite the child with their family. In some cases, due to the nature of abuse children are not able to see or converse with the abusers. If parents fail to complete Court Ordered terms and conditions, the children in care may never return home.[35]

Child Protective Services Statistics

The United States government’s Administration for Children and Families reported that in 2004 approximately 3.5 million children were involved in investigations of alleged abuse or neglect in the US, while an estimated 872,000 children were determined to have been abused or neglected, and an estimated 1,490 children died that year because of abuse or neglect. In 2007, 1,760 children died as the result of child abuse and neglect.[36] Child abuse impacts the most vulnerable populations, with children under age five years accounting for 76% of fatalities.[37] In 2008, 8.3 children per 1000 were victims of child abuse and neglect and 10.2 children per 1000 were in out of home placement.[38]

On September 30, 2010, there were approximately 400,000 children in foster care in the U.S. of which 36% percent were ages 5 and under. During that same period, almost 120,000 birth to five year-olds entered foster care and a little under 100,000 exited foster care.[39] U.S. Child Protective Services (CPS) received a little over 2.5 million reports of child maltreatment in 2009 of which 61.9% were assigned to an investigation.[40] Research using national data on recidivism indicates that 22% of children were rereported within a 2-year period and that 7% of these rereports were substantiated.[41]

Child Protective Services Recidivism in the United States

In order to understand CPS recidivism in the U.S., there are several terms that readers must familiarize themselves with. Two often-used terms in CPS recidivism are rereport (also known as rereferral) and recurrence. Either of the two can occur after an initial report of child abuse or neglect called an index report. Although the definition of rereport and recurrence is not consistent, the general difference is that a rereport is a subsequent report of child abuse or neglect after an initial report (also known as an index report) whereas recurrence refers to a confirmed (also known as substantiated) rereport after an initial report of child abuse and neglect. Borrowing from the definition used by Pecora et al. (2000),[42] recidivism is defined as, “Recurring child abuse and neglect, the subsequent or repeated maltreatment of a child after identification to public authorities.” It is important to highlight that this definition is not all-inclusive because it does not include abused children who are not reported to authorities.[42]

Recidivism Statistics

There are three main sources of recidivism data in the U.S.—the National Child Abuse and Neglect Data System (NCANDS), the National Survey of Child and Adolescent Well-Being (NSCAW), and the National Incidence Study (NIS)—and they all have their own respective strengths and weaknesses. NCANDS was established in 1974, and it consists of administrative data of all reports of suspected child abuse and neglect investigated by CPS. NSCAW was established in 1996 and is similar to NCANDS in that it only includes reports of child abuse and neglect investigated by CPS, but it adds clinical measures related to child and family well-being that NCANDS is lacking. NIS was established in 1974, and it consists of data collected from CPS as well. However, it attempts to gather a more comprehensive picture of the incidence of child abuse and neglect by collecting data from other reporting sources called community sentinels.[43]

Criticism

Brenda Scott, in her 1994 book Out of Control: Who’s Watching Our Child Protection Agencies, criticizes CPS, stating, “Child Protective Services is out of control. The system, as it operates today, should be scrapped. If children are to be protected in their homes and in the system, radical new guidelines must be adopted. At the core of the problem is the antifamily mindset of CPS. Removal is the first resort, not the last. With insufficient checks and balances, the system that was designed to protect children has become the greatest perpetrator of harm.”[44]

An ongoing case about the Nastić family living in U.S. has received an intervention from the Serbian government. Children were taken away from their parents after their naked photos were found on the father’s computer. Such photos are common in Serbia culture. Furthermore, parents claim that their ethnic and religious rights have been violated – children are not permitted to speak Serbian, nor to meet with their parents for orthodox Christmas. They can meet only mother once a week. Children have suffered psychological traumas due to their separation from parents. Polygraph showed that father did not abuse children. Trial is set for January 26. Psychologists from Serbia stated that few hours of conversation with children are enough to see whether they have been abused. Children were taken from their family 7 months ago. FBI started an investigation against the CPS.[45][46][47]

Senator Nancy Schaefer stated “The National Center on Child Abuse and Neglect in 1998 reported that six times :as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to :suffer abuse, including sexual molestation than in the general population. Think what that number is today ten years later!”

The NCCAN report on “Perpetrators of Maltreatment”provides the following figures
Maltreatment per 100,000 US children CPS Parents
Physical Abuse 160 59
Sexual Abuse 112 13
Neglect 410 241
Medical Neglect 14 12
Fatalities 6.4 1.5

Senator Schaefer also stated

  • “that poor parents very often are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system. Being poor does not mean you are not a good parent or that you do not love your child, or that your child should be removed and placed with strangers;
  • that all parents are capable of making mistakes and that making a mistake does not mean your children are to be removed from the home. Even if the home is not perfect, it is home; and that’s where a child is the safest and where he or she wants to be, with family;
  • that parenting classes, anger management classes, counseling referrals, therapy classes and on and on are demanded of parents with no compassion by the system even while the parents are at work and while their children are separated from them. (some times parents are required to pay for the programs) This can take months or even years and it emotionally devastates both children and parents. Parents are victimized by “the system” that makes a profit for holding children longer and “bonuses” for not returning children to their parents;
  • that caseworkers and social workers are very often guilty of fraud. They withhold and destroy evidence. They fabricate evidence and they seek to terminate parental rights unnecessarily. However, when charges are made against Child Protective Services, the charges are ignored;
  • that the separation of families and the “snatching of children” is growing as a business because local governments have grown accustomed to having these taxpayer dollars to balance their ever-expanding budgets;
  • that Child Protective Services and Juvenile Court can always hide behind a confidentiality clause in order to protect their decisions and keep the funds flowing. There should be open records and “court watches”! Look who is being paid!

There are state employees, lawyers, court investigators, guardian ad litems, court personnel, and judges. There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and on and on. All are looking to the children in state custody to provide job security. Parents do not realize that the social workers are the glue that hold “the system” together that funds the court, funds the court appointed attorneys, and the multiple other jobs including the “system’s” psychiatrists, therapists, their own attorneys and others.

  • that The Adoption and the Safe Families Act, set in motion first in 1974 by Walter Mondale and later in 1997 by President Bill Clinton, offered cash “bonuses” to the states for every child they adopted out of foster care. In order to receive the “adoption incentive bonuses” local child protective services need more children. They must have merchandise (children) that sells and you must have plenty so the buyer can choose. Some counties are known to give a $4,000 to $6,000 bonus for each child adopted out to strangers and an additional $2,000 for a “special needs” child. Employees work to keep the federal dollars flowing;
  • State Departments of Human Resources (DHR) and affiliates are given a baseline number of expected adoptions based on population. For every child DHR and CPS can get adopted, there is the bonus of $4,000 or maybe $6,000. But that is only the beginning figure in the formula in which each bonus is multiplied by the percentage that the State has managed to exceed its baseline adoption number. Therefore States and local communities work hard to reach their goals for increased numbers of adoptions for children in foster care.
  • that there is double dipping. The funding continues as long as the child is out of the home. There is funding for foster care then when a child is placed with a new family, then “adoption bonus funds” are available. When a child is placed in a mental health facility and is on 16 drugs per day, like two children of a constituent of mine, more funds are involved and so is Medicaid;
  • As you can see this program is ordered from the very top and run by Health and Human Resources. This is why victims of CPS get no help from their legislators. It explains why my bill, SB 415 suffered such defeat in the Judicial Committee, why I was cut off at every juncture. Legislators and Governors must remember who funds their paychecks.
  • that there are no financial resources and no real drive to unite a family and help keep them together or provide effective care;
  • that the incentive for social workers to return children to their parents quickly after taking them has disappeared and who in protective services will step up to the plate and say, “This must end! No one, because they are all in the system together and a system with no leader and no clear policies will always fail the children. Just look at the waste in government that is forced upon the tax payer;
  • that the “Policy Manuel” is considered “the last word” for CPS/DFCS. However, it is too long, too confusing, poorly written and does not take the law into consideration;
  • that if the lives of children were improved by removing them from their homes, there might be a greater need for protective services, but today children are not safer. Children, of whom I am aware, have been raped and impregnated in foster care;
  • It is a known fact that children are in much more danger in foster care than they are in their own home even though home may not be perfect.
  • that some parents are even told if they want to see their children or grandchildren, they must divorce their spouse. Many, who are under privileged, feeling they have no option, will divorce and then just continue to live together. This is an anti-family policy, but parents will do anything to get their children home with them. However, when the parents cooperate with Child Protective Services, their behavior is interpreted as guilt when nothing could be further from the truth.
  • Fathers, (non-custodial parents) I must add, are often treated as criminals without access to visit or even see their own children and have child support payments strangling the very life out of them;
  • that the Foster Parents Bill of Rights does not stress that a foster parent is there temporarily to care for a child until the child can be returned home. Many foster parents today use the Foster Parent Bill of Rights as a means to hire a lawyer and seek to adopt the child placed in their care from the real parents, who are desperately trying to get their child home and out of the system. Recently in Atlanta, a young couple learning to be new parents and loving it, were told that because of an anonymous complaint, their daughter would be taken into custody by the State DFCS. The couple was devastated and then was required by DFCS to take parenting classes, alcohol counseling and psychological evaluations if they wanted to get their child back. All of the courses cost money for which most parents are required to pay. While in their anxiety and turmoil to get their child home, the baby was left for hours in a car to die in the heat in her car seat by a foster parent who forgot about the child. This should never have happened. It is tragic. In many cases after the parents have jumped through all the hoops, they still do not get their child. As long as the child is not returned, there is money for the agency, for foster parents, for adoptive parents, and for the State.
  • that tax dollars are being used to keep this gigantic system afloat, yet the victims, parents, grandparents, guardians and especially the children, are charged for the system’s services.
  • that grandparents have called from all over the State of Georgia and from other states trying to get custody of their grandchildren. CPS claims relatives are contacted, but there are many many cases that prove differently. Grandparents who lose their grandchildren to strangers have lost their own flesh and blood. The children lose their family heritage and grandparents, and parents too, lose all connections to their heirs.
  • that The National Center on Child Abuse and Neglect in 1998 reported that six times as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to suffer abuse, including sexual molestation than in the general population. Think what that number is today ten years later!
  • That according to the California Little Hoover Commission Report in 2003, 30% to 70% of the children in California group homes do not belong there and should not have been removed from their homes.” [48]

Texas

The Texas Department of Family and Protective Services had itself been an object of reports of unusual numbers of poisonings, death, rapes and pregnancies of children under its care since 2004. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children of 2004.

Texas Child Protective Services was hit with a rare if not unprecedented legal sanction for a “groundless cause of action” and ordered to pay $32,000 of the Spring family’s attorney fees. Judge Schneider wrote in a 13-page order, “The offensive conduct by (CPS) has significantly interfered with the legitimate exercise of the traditional core functions of this court.”[49]

2008 Raid of YFZ Ranch

Main article: YFZ Ranch

In April 2008, the largest child protection action in American history raised questions as the CPS in Texas removed hundreds of minor children, infants, and women incorrectly believed to be children from the YFZ Ranch polygamist community, with the assistance of heavily armed police with an armored personnel carrier. Investigators, including supervisor Angie Voss convinced a judge that all of the children were at risk of child abuse because they were all being groomed for under-age marriage. The state supreme court disagreed, releasing most children back to their families. Investigations would result in criminal charges against some men in the community.

Gene Grounds of Victim Relief Ministries commended CPS workers in the Texas operation as exhibiting compassion, professionalism and caring concern.[50] However, CPS performance was questioned by workers from the Hill Country Community Mental Health-Mental Retardation Center. One wrote “I have never seen women and children treated this poorly, not to mention their civil rights being disregarded in this manner” after assisting at the emergency shelter. Others who were previously forbidden to discuss conditions working with CPS later produced unsigned written reports expressed anger at the CPS traumatizing the children, and disregarding rights of mothers who appeared to be good parents of healthy, well-behaved children. CPS threatened some MHMR workers with arrest, and the entire mental health support was dismissed the second week due to being “too compassionate.” Workers believed poor sanitary conditions at the shelter allowed respiratory infections and chicken pox to spread.[51]

CPS problem reports

The Texas Department of Family and Protective Services, as with other states, had itself been an object of reports of unusual numbers of poisonings, death, rapes and pregnancies of children under its care since 2004. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children[52] of 2004. Texas Comptroller Carole Keeton Strayhorn made a statement in 2006 about the Texas foster care system.[53] In Fiscal 2003, 2004 and 2005, respectively 30, 38 and 48 foster children died in the state’s care. The number of foster children in the state’s care increased 24 percent to 32,474 in Fiscal 2005, while the number of deaths increased 60 percent. Compared to the general population, a child is four times more likely to die in the Texas foster care system. In 2004, about 100 children were treated for poisoning from medications; 63 were treated for rape that occurred while under state care including four-year old twin boys, and 142 children gave birth, though others believe Ms. Strayhorn’s report was not scientifically researched, and that major reforms need to be put in place to assure that children in the conservatorship of the state get as much attention as those at risk in their homes.

Disproportionality & Disparity in the Child Welfare System

In the United States, data suggests that a disproportionate number of minority children, particularly African American and Native American children, enter the foster care system.[54] National data in the United States provides evidence that disproportionality may vary throughout the course of a child’s involvement with the child welfare system. Differing rates of disproportionality are seen at key decision points including the reporting of abuse, substantiation of abuse, and placement into foster care.[55] Additionally, once they enter foster care, research suggests that they are likely to remain in care longer.[56] Research has shown that there is no difference in the rate of abuse and neglect among minority populations when compared to Caucasian children that would account for the disparity.[57] The Juvenile Justice system has also been challenged by disproportionate negative contact of minority children.[58] Because of the overlap in these systems, it is likely that this phenomenon within multiple systems may be related.

Constitutional issues

In May 2007, the United States 9th Circuit Court of Appeals found in Rogers v. County of San Joaquin, No. 05-16071[59] that a CPS social worker who removed children from their natural parents into foster care without obtaining judicial authorization was acting without due process and without exigency (emergency conditions) violated the 14th Amendment and Title 42 United State Code Section 1983. The Fourteenth Amendment to the United States Constitution says that a state may not make a law that abridges “… the privileges or immunities of citizens of the United States” and no state may “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Title 42 United States Code Section 1983[60] states that citizens can sue in federal courts any person who acting under a color of law to deprive the citizens of their civil rights under the pretext of a regulation of a state, See.[61]

In case of Santosky v. Kramer, 455 US 745, Supreme Court reviewed a case when Department of Social Services removed two younger children from their natural parents only because the parents had been previously found negligent toward their oldest daughter.[62] When the third child was only three days old, DSS transferred him to a foster home on the ground that immediate removal was necessary to avoid imminent danger to his life or health. The Supreme Court vacated previous judgment and stated: “Before a State may sever completely and irrevocably the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence. But until the State proves parental unfitness, the child and his parents share a vital interest in preventing erroneous termination of their natural relationship”.[62]

A District of Columbia Court of Appeals concluded that the lower trial court erred in rejecting the relative custodial arrangement selected by the natural mother who tried to preserve her relationship with the child.[63] The previous judgment granting the foster mother’s adoption petition was reversed, the case remanded to the trial court to vacate the orders granting adoption and denying custody, and to enter an order granting custody to the child’s relative.[63]

Notable lawsuits

In 2010 an ex-foster child was awarded $30 million by jury trial in California (Santa Clara County) for sexual abuse damages that happened to him in foster home from 1995 to 1999.[64][65] The foster parent, John Jackson, was licensed by state despite the fact that he abused his own wife and son, overdosed on drugs and was arrested for drunken driving. In 2006, Jackson was convicted in Santa Clara County of nine counts of lewd or lascivious acts on a child by force, violence, duress, menace and fear and seven counts of lewd or lascivious acts on a child under 14, according to the Santa Clara County District Attorney’s Office.[64] The sex acts he forced the children in his foster care to perform sent him to prison for 220 years. Later in 2010, Giarretto Institute, the private foster family agency responsible for licensing and monitoring Jackson’s foster home and others, also was found to be negligent and liable for 75 percent of the abuse that was inflicted on the victim, and Jackson was liable for the rest.[64]

In 2009 Oregon Department of Human Services has agreed to pay $2 million into a fund for the future care of twins who were allegedly abused by their foster parents; it was the largest such settlement in the agency’s history.[66] According to the civil rightssuit filed on request of twins’ adoptive mother in December 2007 in U.S. Federal Court, kids were kept in makeshift cages—cribs covered with chicken wire secured by duct tape—in a darkened bedroom known as “the dungeon.” The brother and sister often went without food, water or human touch. The boy, who had a shunt put into his head at birth to drain fluid, didn’t receive medical attention, so when police rescued the twins he was nearly comatose. The same foster family previously took in their care hundreds of other children over nearly four decades.[67] DHS said the foster parents deceived child welfare workers during the checkup visits.[66]

Several lawsuits were brought in 2008 against the Florida Department of Children & Families (DCF), accusing it of mishandling reports that Thomas Ferrara, 79, a foster parent, was molesting girls.[68][69] The suits claimed that though there were records of sexual misconduct allegations against Ferrara in 1992, 1996, and 1999, the DCF continued to place foster children with Ferrara and his then-wife until 2000.[68] Ferrara was arrested in 2001 after a 9-year-old girl told detectives he regularly molested her over two years and threatened to hurt her mother if she told anyone. Records show that Ferrara had as many as 400 children go through his home during his 16 years as a licensed foster parent from 1984 to 2000.[68] Officials stated that the lawsuits over Ferrara end up costing the DCF almost $2.26 million.[69] Similarly, in 2007 Florida‘s DCF paid $1.2 million to settle a lawsuit that alleged DCF ignored complaints that another mentally challenged Immokalee girl was being raped by her foster father, Bonifacio Velazquez, until the 15-year-old gave birth to a child.[70][71][72]

In a class action lawsuit Charlie and Nadine H. v. McGreevey[73] was filed in federal court by “Children’s Rights” New York organization on behalf of children in the custody of the New Jersey Division of Youth and Family Services (DYFS).[74][75] The complaint alleged violations of the children’s constitutional rights and their rights under Title IV-E of the Social Security Act, theChild Abuse Prevention and Treatment Act, Early Periodic Screening Diagnosis and Treatment, 504 of the Rehabilitation Act, theAmericans with Disabilities Act, and the Multiethnic Placement Act (MEPA).[76] In July 2002, the federal court granted plaintiffs’ experts access to 500 children’s case files, allowing plaintiffs to collect information concerning harm to children in foster care through a case record review.[74] These files revealed numerous cases in which foster children were abused, and DYFS failed to take proper action. On June 9, 2004, the child welfare panel appointed by the parties approved the NJ State’s Reform Plan. The court accepted the plan on June 17, 2004.[75] The same organization filed similar lawsuits against other states in recent years that caused some of the states to start child welfare reforms.[77]

In 2007 Deanna Fogarty-Hardwick obtained a jury verdict against Orange County (California) and two of its social workers for violating her Fourteenth Amendment rights to familial association.[78] The $4.9 million verdict grew to a $9.5 million judgment as the County lost each of its successive appeals.[78] The case finally ended in 2011 when the United States Supreme Court denied Orange County’s request to overturn the verdict.[79]

California

In April 2013, Child Protective Services in Sacramento sent in police to forcibly remove a 5-month-old baby from the care of parents.

Alex and Anna Nikolayev took their baby Sammy out of Sutter Memorial Hospital and sought a second opinion at Kaiser Permanente, a competing hospital, for Sammy’s flu-like symptoms.[80] Police arrived at Kaiser and questioned the couple and doctors. Once Sammy had been fully cleared to leave the hospital, the couple went home, but the following day police arrived and took Sammy. On June 25, 2013 the case against the family was dismissed adn the family filed a lawsuit against CPS and the Sacramento Police Department.[81]

Effectiveness

In a nationwide study, researchers examined children in 595 families over a period of 9 years. They discovered that in the households where child abuse was substantiated by evidence, risk factors remained unchanged during interviews with the families.[82]

See also

Similar organizations in other countries

References

  1. Pecora et al. (1992), p. 231.
  2. Ibid., pp. 230-1.
  3. Ibid., p. 230.
  4. Pecora et al. (1992), pp. 230-31; Petr (1998), p. 126.
  5. Children’s Aid Society. “History”.
  6. Axinn, June; Levin,Herman (1997). Social Welfare: a history of the American response to need (4th ed.). White Plains, New York: Longman. ISBN 9780801317002.
  7. Ellett, Alberta J.; Leighninger, Leslie (10 August 2006). “What Happened? An historical perspective of the de-professionalization of child welfare practice with implications for policy and practice”. Journal of Public Child Welfare 1 (1): 3–34.doi:10.1300/J479v01n01_02.
  8. Crosson-Tower, Cynthia (1999). Understanding child abuse and neglect (4th ed.). Boston: Allyn and Bacon.ISBN 9780205287802.
  9. Laird & Michael (2006).
  10. Pecora et al. (1992), p. 232; Petr (1998), p. 126.
  11. Pecora et al. (1992), pp. 232-3; Petr (1998), pp. 126-7.
  12. “Child Protective Services – HISTORICAL OVERVIEW, CURRENT SYSTEM”.
  13. “Reporting Child Abuse – Child Protective Services”.
  14. Antler, S (1978). “Child Abuse: An emerging social priority”. Social Work 23: 58–61.
  15. Administration for Children & Families. “Child Abuse Prevention and Treatment Act (CAPTA) of 1974 P.L. 93-247″. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  16. Limb, GE; Chance, T; Brown, EF (December 2004). “An empirical examination of the Indian Child Welfare Act and its impact on cultural and familial preservation for American Indian children”. Child Abuse & Neglect 28 (12): 1279–89.doi:10.1016/j.chiabu.2004.06.012. PMID 15607770.
  17. Mitchell, LB; Barth, RP; Green, R; Wall, A; Biemer, P; Berrick, JD; Webb, MB (Jan–Feb 2005). “Child welfare reform in the United States: findings from a local agency survey.”. Child Welfare 84 (1): 5–24. PMID 15717771.
  18. Administration for Children & Families. “Adoption Assistance and Child Welfare Act of 1980 P.L. 96-272″. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  19. Administration for Children & Families (2011). “Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption”. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  20. Lincroft, Y.; Resher, J. (2006). “Undercounted and Underserved: Immigrant and refugee families in the child welfare system”. Baltimore, MD: The Annie E. Casey Foundation.
  21. Mitchell, Lorelei B.; Barth, Richard P.; Green, Rebecca; Wall, Ariana; Biemer, Paul; Berrick, Jill Duerr; Webb, Mary Bruce. “Child Welfare Reform in the United States: Findings from a Local Agency Survey”. Child Welfare 84 (1): 5–24 [20]. ISSN 0009-4021.
  22. DCSF.gov.uk
  23. “About Ontario’s children’s aid societies”. Ontario Ministry of Children and Youth Services. Retrieved 19 April 2011.
  24. “Child and Family Services Act, R.S.O. 1990, c. C.11″. E-laws.gov.on.ca. Retrieved 2013-11-15.
  25. “Complaints Against a Children’s Aid Society”. Child and Family Services Review Board. Retrieved 17 April 2011.
  26. http://www.pani.go.cr
  27. Gauthier, L., Stollak, G., Messe, L., & Arnoff, J. (1996). Recall of childhood neglect and physical abuse as differential predictors of current psychological functioning. Child Abuse and Neglect 20, 549-559
  28. Malinosky-Rummell, R. & Hansen, D.J. (1993) Long term consequences of childhood physical abuse. Psychological Bulletin114, 68-69
  29. Lyons-Ruth K. & Jacobvitz, D. (1999) Attachment disorganization: unresolved loss, relational violence and lapses in behavioral and attentional strategies. In J. Cassidy & P. Shaver (Eds.) Handbook of Attachment. (pp. 520-554). NY: Guilford Press
  30. Solomon, J. & George, C. (Eds.) (1999). Attachment Disorganization. NY: Guilford Press
  31. Main, M. & Hesse, E. (1990) Parents’ Unresolved Traumatic Experiences are related to infant disorganized attachment status. In M. T. Greenberg, D. Ciccehetti, & E. M. Cummings (Eds), Attachment in the Preschool Years: Theory, Research, and Intervention (pp161-184). Chicago: University of Chicago Press
  32. Carlson, E. A. (1988). A prospective longitudinal study of disorganized/disoriented attachment. Child Development 69, 1107-1128
  33. Lyons-Ruth, K. (1996). Attachment relationships among children with aggressive behavior problems: The role of disorganized early attachment patterns. Journal of Consulting and Clinical Psychology 64, 64-73
  34. Lyons-Ruth, K., Alpern, L., & Repacholi, B. (1993). Disorganized infant attachment classification and maternal psychosocial problems as predictors of hostile-aggressive behavior in the preschool classroom. Child Development 64, 572-585
  35. “Definitions of Child Abuse and Neglect”. Childwelfare.gov. Retrieved 2010-08-21.
  36. Prevent Child Abuse New York. “2007 Child Abuse and Neglect Fact Sheet”.
  37. American Humane Association. “Emotional Abuse”. Stop Child Abuse.
  38. “Kids Count Data Center”. The Annie E. Casey Foundation.[citation not found]
  39. “The AFCARS Report Preliminary FY 2010 Estimates as of June 2011″. http://www.acf.hhs.gov. Retrieved 2011-10-06.
  40. “Child Maltreatment 2009″. http://www.acf.hhs.gov. Retrieved 2011-10-06.
  41. Fluke, J. D.; Shusterman, G. R., Hollinshead, D. M., & Yuan, Y.-Y. (2008). “Longitudinal analysis of repeated child abuse reporting and victimization: multistate analysis of associated factors”. Child Maltreatment: 76–88.
  42. Pecora, P. J., Whittaker, J., Maluccio, A., & Barth, R. (2000). The child welfare challenge: Policy, practice, and research. Aldine de Gruyter.
  43. Wulczyn, F. (2009). “Epidemiological Perspectives on Maltreatment Prevention”. The Future of Children: 39–66.
  44. Scott, Brenda (1994) Out of Control: Who’s Watching Our Child Protection Agencies? p. 179
  45. “United States: Serbian Couple Struggles to Get Children Back · Global Voices”. Globalvoicesonline.org. 2011-01-04. Retrieved 2013-11-15.
  46. “News – U.S.: Serbian couple fights to get children back”. B92. Retrieved 2013-11-15.
  47. “Press Online :: Press Green”. Pressonline.rs. Retrieved 2013-11-15.
  48. “The Corrupt Business of Child Protective Services – report by Senator Nancy Schaefer, September 25, 2008″.
  49. State agency hit with rare sanction for taking custody of Spring infants
  50. KVUE.com, Richardson group: Polygamists’ children are OK April 18, 2008 by Janet St. James / WFAA-TV
  51. Crotea, Roger (10 May 2008). “Mental health workers rip CPS over sect”. San Antonio Express-news .
  52. Window.state.tx.us
  53. Comptroller Strayhorn Statement On Foster Care Abuse June 23, 2006
  54. Hill R.B. (2004) Institutional racism in child welfare. In J. Everett, S. Chipungu & B. Leashore (Eds.) Child welfare revisited (pp. 57-76). New Brunswick, NJ: Rutgers University Press.
  55. Hill, R. B (2006) Synthesis of research on disproportionality in child welfare: An update. Casey-CSSP Alliance for Racial Equity in Child Welfare.
  56. Wulczyn, F. Lery, B., Haight, J., (2006) Entry and Exit Disparities in the Tennessee Foster Care System. Chapin Hall Discussion Paper.
  57. National Incidence Study (NIS), U.S. Department of Health & Human Services, Administration for Children & Families, (1996)
  58. Pope, C.E. & Feyerherm, W. (1995) Minorities and the Juvenile Justice System Research Symmary. Washington, DC: Office of Juvenile Justice and Delinquency Prevention
  59. Rogers v. County of San Joaquin, No. 05-16071
  60. Title 42 United States Code Section 1983
  61. “Civil Rights Complaint Guide”.
  62. “Santosky v. Kramer, 455 US 745 – Supreme Court 1982″.
  63. “In re TJ, 666 A. 2d 1 – DC: Court of Appeals 1995″.
  64. “South Bay sex-abuse lawsuit: Ex-foster child awarded $30 million”.
  65. “Estey & Bomberger announces Jury Awards $30 Million in San Jose Molestation Case”.
  66. “Gresham foster kids abused despite DHS checks”. The Oregonian. 2009-04-04.
  67. “Abuse in children’s foster care: State officials call for outside review”. The Oregonian. 2009-09-02.
  68. “Florida Foster Care Child Molestation”.
  69. “Foster parent, 79, accused of molesting girls in his care”.
  70. “Child of rape now 9, yet DCF settlement held up”.
  71. “Florida Committee Substitute for Senate Bill No. 60″.
  72. “Florida Senate – 2010″.
  73. Charlie and Nadine H. v. McGreevey
  74. “New Jersey (Charlie and Nadine H. v. Corzine)”.
  75. “Charlie and Nadine H. v. Corzine”.
  76. “Legal Documents (Charlie and Nadine H. v. Corzine)”.
  77. “Results of Reform”.
  78. “Order Granting Fees Incurred on Appeal”.
  79. “U.S. Supreme Court Denies Orange County’s (California) Request”.
  80. “News10 – Couple still unclear why CPS took their baby”.
  81. http://archive.news10.net/news/local/article/248770/476/CPS-case-against-Nikolayev-family-dismissed
  82. Bakalar, Nicholas (2010-10-11). “Doubts Rise Over Child Protective Service Inquiries”. The New York Times.

Notes

  • Drake, B. & Jonson-Reid, M. (2007). A response to Melton based on the Best Available Data. Published in: Child Abuse & Neglect, Volume 31, Issue 4, April 2007, Pages 343-360.
  • Laird, David and Jennifer Michael (2006). “Budgeting Child Welfare: How will millions cut from the federal budget affect the child welfare system?” Published in: Child Welfare League of America, Children’s Voice, Vol. 15, No. 4 (July/August 2006). Available on-line at: http://www.cwla.org/voice/0607budgeting.htm.
  • Pecora, Peter J., James K. Whittaker, Anthony N. Maluccio, with Richard P. Barth and Robert D. Plotnick (1992). The Child Welfare Challenge: Policy, Practice, and Research. NY:Aldine de Gruyter. ISBN .
  • Petr, Christopher G. (1998). Social Work with Children and their Families: Pragmatic Foundations. NY:Oxford University Press. ISBN 0-19-510607-5.
  • Scott, Brenda (1994), “Out of Control. Who’s Watching Our Child Protection Agencies?”. Huntington House Publishers. ISBN paper. ISBN hardback.

External links

 

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Legal Advice (That I Don’t Need A Law Degree to Give You)


I hope to keep this list ongoing. If anyone would like to contribute to this list, please comment.

Here are some things I learned about the way Child Protective Service Social Workers and the agency as a whole, operates:

1.  Be aware that if any social worker calls you to tell you that they are closing their investigation and you need to bring the child(ren) down to their office to sign some papers THIS IS A TRICK! THEY INTEND TO KIDNAP YOUR CHILD. They do not need a “signature” to close out anything!

2.  Often, social workers will try to bluff you claiming that your drug test results were positive just to get you to fess up on yourself. Do not fall for this trick.

3.  Social workers are “collaborative partners” with ALL OF THEIR CONTRACTED SERVICE PROVIDERS. Never trust any employee or doctor that CPS has paid to provide you “services”. Those “confidentiality” laws mean nothing when it comes to providing CPS with any and all information about you. They only use these laws against you. You have a right to all the information in your file regardless of where it is.

4.  NEVER ADMIT TO THINGS YOU DIDN’T DO. This is where I messed up. I was constantly pressured to “take responsibility for my actions” during our first case. I was threatened to have my children removed if I didn’t say  that I had a drug problem. I wish I would have stood my ground and hired an expert witness to testify as to the legitimacy of those drug test documents. 

5.  Never give the Hearing Officer a dirty look. 

6.  Never ever believe a social worker. If they say that they are recommending that the case be closed, maybe the paperwork says that but that doesn’t mean that is what they are really telling the Hearing Officer to do. This is just so you don’t give them a hard time when dealing with you for another six months. 

7.  Always ask the Hearing Officer in court for a copy of the Minute Orders. That way you don’t have to pay for it at the clerk’s office or go through the hassle trying to get one. They can print it out right there in the courtroom and hand it to you. When you get home, make a copy and send it to your lawyer because they are never seem to have a copy of it. 

8.  If the Hearing Officer orders CPS to do something for you and they do not do it, warn the social worker and their supervisor that you know you can file a document for them to be found in contempt. Give them a deadline of not more than 5 business days to comply with the Minute Order and follow up with a confirmation letter. Send this letter to the social worker, adding a “cc” to their supervisor and the agency Director.

9.  Child protection workers are like cops. You have the right to remain silent because if you share your strengths and weaknesses with them they will use it against you to kidnap your children. – Pure Mad Angel

10.  After you are threatened with the possibility of never having your children returned and coerced into cooperating with CPS’s “services”, act like you are “benefitting” from them. Pour the sugar on thick and tell them how much you are learning and how grateful you are. Patronize them but don’t make it seem too fake. Be polite and nice to the worker and never argue or yell at them.

11.  Prior to every hearing you will receive a copy of the social worker’s report which is submitted to the court. Be firm when it comes to their lies and manipulations. Make sure you write a rebuttal and file it with the court. Make sure that you use the words “I object to..” and “the social worker’s statement is false”.  There are different rules in every state as well as the county regarding the deadline to file a response. If you fail to meet this deadline, your statement will not be a part of the official record. Check with the clerk and ask what the deadline for filing this rebuttal (written in the form of a Declaration) with the court and serving it upon all other parties. Do not count on your attorney to serve the other attorneys, have someone 18 years old or older mail it to CPS’s attorney, (County Counsel), the other parent’s attorney and the child(ren)’s attorney (Minors Counsel). You should find these names and addresses in the first few pages of the report that you are rebutting. In essence, failing to object to the lies makes them sort of true as far as the record goes therefore, any appeal based on perjury will be denied.  

The following was inspired by a document available on another site,  http://nfpcar.org/References/DOnDont.htm

12. Never invite a social worker or law enforcement into your home. This is if you do not have a current open CPS case. Unfortunately, if you refuse to let social workers in when they do their home visit it will have a very negative effect on your case and could result in the removal of your children. However, if the children are not currently placed in your home, they have no reason to be there unless it is to assess your home for the return of your children. 

 

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Video

Emergency Education for Sheriffs and Police – SUBJECT: Child Protection Services – With Guest Officer Jim Rothstein.


All Sheriff’s Officers Police and Police Officers must be made aware of the biggest pediphile ring in America hidding in child Protective Services.

 

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Video

The Child Protective Services Industry in child trafficking, kidnapping, and adoption scam in the US and UK


There have been many testimonies before congress like my wife and myself. the fact that nothing has been done to protect our children so far from this pediphile criminal ring doing business as CPS shows me that congress is willing to continue to take the money from the sale of children knowing their lives are destroyed. We have to take steps to destroy CPS from the inside our selves. We are working on steps to undermine CPS as we speak. We will give a detailed plan out here in the next few weeks for parents to teach at home or to tell you children when you see them. The way to start now is every single day you see your child tell them you love them no matter what, they can come home to you and everything CPS tells them is a lie. Make sure they have a phone number known by heart, kids are smart teach them your number in a song, it is easy and all parents must stick together, tell everyone you know to never call CPS.

 

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Video

It IS EXTREMELY HARD TO STAY TOGETHER AFTER CPS STEALS YOUR CHILD…


The other day I posted that I was retiring from donnellyjustice. Many people commented on that post. Everyone was so caring and supportive and thankful for all that my husband and I have been doing for the cause and exposing this corrupt, evil system that steals our children. So, I won’t be retiring after all, too many people need this information and I may have felt like giving up the other day, but I changed my mind. I apologize for publicizing my weaknesses and insecurities. I was at rock bottom that day. I won’t give up, ever.

Thank you so much to those who commented. Your comments are gone because I deleted the post.

 

So, if you can tell, I was experiencing personal problems.

back to the subject of this post:

…ESPECIALLY WHEN IT WAS YOU AND YOUR SPOUSE’S LOVE CHILD!

 

My husband and I made such a beautiful baby. He was so healthy when he was born! My husband’s ex-wife, Leslie Ann Logan Hoyle, was such a jealous freak that she called the hospital and CPS over 25 times during the 4 days I was in labor!

Does anyone know what an APGAR score is? Well its an assessment of a newborn baby and whether or not it needs immediate medical attention. The highest score is a 10.0.  If a newborn is going through DRUG WITHDRAWALS there is NO WAY it would score a 9.9 like my son was given! My husband’s extremely vindictive ex-wife, Leslie Ann Logan Hoyle (Ann Jule), is so disturbed that she would make false allegations against us simply because one time I wrote her a letter that made her face the things she had done to her own children. Leslie Ann Logan Hoyle also has an “in” with the Department as her mother worked at the same office that the social workers who came to the hospital worked at. She worked there for over 35 years. Also, Leslie Ann Logan Hoyle WAS a registered nurse AND A DRUG ADDICT who often went to this same hospital to get shots of morphine or demerol when she was jonesing, and CLAIMED THAT SHE KNEW THOSE WHO WORKED IN LABOR AND DELIVERY. She MADE CPS TAKE OUR SON AWAY THE VERY FIRST TIME. IF THERE WAS NEVER THE FIRST CASE, THERE NEVER WOULD HAVE BEEN ANY SECONDARY CASE. .

Long story short, our love child was adopted out to people who refuse to even speak to us despite being CHRISTIANS!

This has put such a strain on our marraige, I can’t even begin to explain it because it is personal however, I would like to dedicate the song, “Stay” by Rhianna to my husband, who can dish it out but can’t take it. I wish I didn’t dish it out back at him at all. I wish we could just be nice and get along like normal people but HAVING YOUR CHILD STOLEN AND HAVING NO RECOURSE (OR AT LEAST IT TAKING SO LONG TO FILE OUR RECOURSE BECAUSE I DEAL WITH TOO MUCH PERSONAL STUFF) puts a great strain on us individually.

P.S., Check out the Juvenile Dependency Court page, I have added a few things and will be working on providing even more information. I am also putting together a “Juvenile Dependency Court Survival Guide”. I hope to have this done within the next few weeks.

STAY – RHIANNA

[see the video below]

All along it was a fever
A cold sweat hot-headed believer
I threw my hands in the air I said show me something
He said, if you dare come a little closer

Round and around and around and around we go
Ohhh now tell me now tell me now tell me now you know

Not really sure how to feel about it
Something in the way you move
Makes me feel like I can’t live without you
It takes me all the way
I want you to stay

It’s not much of a life you’re living
It’s not just something you take, it’s given
Round and around and around and around we go
Ohhh now tell me now tell me now tell me now you know

Not really sure how to feel about it
Something in the way you move
Makes me feel like I can’t live without you
It takes me all the way
I want you to stay

Ohhh the reason I hold on
Ohhh cause I need this hole gone
Funny you’re the broken one but I’m the only one who needed saving
Cause when you never see the lights it’s hard to know which one of us is caving

Not really sure how to feel about it
Something in the way you move
Makes me feel like I can’t live without you
It takes me all the way
I want you to stay, stay
I want you to stay, ohhh

 

 
15 Comments

Posted by on April 22, 2014 in OUR STORY

 

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Link

I have been REALLY MISSING MY SON lately, I mean EVEN MORE THAN USUAL!

What would YOU do if this happened to you? I know most of our visitors have gone through this same ordeal, I am talking to those who have never been personally involved with CPS (other than to maybe adopt a child). Would you be able to control yourself? Would you just say, “Well, they all thought I was a bad parent so I must have been so my child is better off without me.”? Or would you do anything you were possibly capable of? But guess what? They file a RESTRAINING ORDER AGAINST YOU! The ADOPTED PARENTS WON’T EVEN LISTEN TO YOU!! You can’t call or text them let alone go to their house or you’ll go to JAIL AGAIN! What do you do? Maybe if any adoptive parents out there have the answer, please comment or email me at billandsharon9@msn.com.

 

MYYOUTUBE

Click on the picture or here: VIDEOS OF DONNELLY

 
2 Comments

Posted by on April 18, 2014 in OUR STORY

 

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Video

CPS (Judge) Looks out for kids and turns whistleblower about the CPS courts.


 
1 Comment

Posted by on April 15, 2014 in CPS Whistleblowers

 

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Video

Child Protective Services ex-employee turned whistleblower speaks out about CPS stealing children for budgets.


CPS whistleblower tells it all how CPS is a terrorist group stealing children. This video tells it like it is.

 
3 Comments

Posted by on April 14, 2014 in CPS Whistleblowers

 

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Foster Care Horrors


Link to see: Foster Care Horrors.

via Foster Care Horrors.

 
1 Comment

Posted by on March 28, 2014 in CPS's "Priors"

 

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Link

Georgia: State of Foster Care

Our friend in Georgia is exposing abuse in privatized care of foster children.

 
6 Comments

Posted by on March 24, 2014 in Abuse In Foster Care

 

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WELCOME TO DONNELLYJUSTICE


Bill Burns and I would like to thank all who support our site by visiting. We are proud to be able to continue to bring you this site AD FREE. I have re-organized the side link panel and am continuing to update old posts and place them in the appropriate category. I am checking the status of each link and have added quite a few more. Eventually, I will have a link to the laws and statutes of each state. Slide1

We are very excited about our stats! Over 500 people visit this site EACH DAY! Although, we are excited in a good way and in a BAD way. The good way is that people who need this information are finding us! Awesome! The BAD way is that CPS is on a rampage, doing things the opposite of the way they should thus, more and more people need this information!

Hopefully we have something here to help you deal with this horrible thing that you are going through. NO PARENT OR LEGAL GUARDIAN WHO IS FIGHTING ALLEGATIONS OF CHILD ABUSE, WHO ADAMANTLY LOVE AND CHERISH THEIR CHILDREN SHOULD LOSE THEM FOR ANY REASON!! djusticebuscard2

But I am certain that those who have argued with CPS, who have told their “lawyers” that CPS lied and/or falsified evidence, whose children are well behaved and get good grades, whose children are healthy and cute, and who are doing everything that is asked of them are having a more difficult time getting their children back. Do you know of anyone who basically admitted to the allegations, who attend only some of their classes and programs, who miss visits and even continue to use illegal substances yet THEY have their children? See, that’s what I am talking about. We believe that the children of those people are not “adoptable” so CPS doesn’t want them. Yours however, are “adorable and adoptable”. My Defense Panel “attorney”, Marla Contessa Mahoney, told me straight up, ‘I will be honest with you Ms Joyce, Donnelly is VERY adorable and VERY adoptable. Even though you are doing everything you can and more, you are not going to get him back. I’m sorry.” 

(I’m not saying that if you get them back that they are not well behaved, get good grades and adorable!)railroaded2

But every case is different and CPS budgets change all the time. You may very well get your child back. If I could do it all over again, I would hire a private attorney no mater what the cost was and no matter what I had to do to get up the money (except steal it of course). That is your best chance. The only other thing you can do is go with flow, do what they want, kiss their ass and never argue with them. If you are lucky enough to get your children back  Get your case closed and MOVE. Move far away or at least to another county and don’t ever ever ever let CPS in your home again. Stay out of trouble (jail) and don’t put yourself or your children in any situation that you don’t trust or with anyone who has ever thought CPS was a good agency. Those are the ones that call the hotline. Family members call the hotline too so really be careful of them.

We believe that it is the goal of the New World Order or whatever they call themselves, is to tear apart the family unit, to pit neighbor against neighbor and make everyone generally distrust each other yet trust the government. This is to prevent uprisings against the government. Imagine what we could do to them if we we acted in unity! So make amends with your family, try to get along, genuinely, they are your FAMILY AFTER ALL. Another option, if your family loves you, is have them advocate for placement with them and to pretend to be against you. Then they agree to adopt your child(ren) and promise that they won’t let you near them. Then, when the adoption or legal guardianship is final and the case is completely closed, your family can just give you your child back. Most of the time no one is going to know that there is any court documentation as it is completely confidential. You are the parent, you have the birth certificate, who is going to say that you don’t have custody? Caution, you would have to move for sure and change schools or better yet, home school your kids. 

Yes, I am suggesting you play their game. It worked for us in our first case. You have nothing to lose by doing this because fighting them is definitely not going to get them back any sooner. Unless, of course, you have an attorney who isn’t scared of CPS nor in their pocket. Good luck with that one. 

IF YOU GET YOUR CHILDREN BACK YOU MUST SUE THEM! if everyone sues, things might change for the better and they may have to actually play by the rules and laws. SEE THE SIDE PANEL: Suing CPS. 

IF YOU FIGHT THEM, FIGHT THEM WITH ALL YOUR MIGHT. DON’T LET THEM GET AWAY WITH ANYTHING! SEE EVERYTHING ON THE SIDE PANEL.

Good luck to you and keep your chin up no matter which way you handle it.

Sincerely,

Sharon Joyce-Burns

 

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The Future of Children


http://www.princeton.edu/futureofchildren/publications/journals/article/index.xml?journalid=40&articleid=136&sectionid=894

 

FROM THE HOME PAGE OF THE LINK ABOVE: 

Law

The bedrock assumption underlying child welfare policy is that children are better off if raised by their natural parents.1 This preference for the role of natural parents is codified in law and provides the rationale for retaining reunification as a core outcome for children placed in foster care.2 Parents have the fundamental right to direct the care, custody, and control of their children, and it is presumed that, until or unless proven otherwise, they will act in a child’s best interest.3

 

Although the U.S. Supreme Court has long recognized the autonomy of the natural family and grants wide latitude to parents, the court does acknowledge the interest of the state to protect and promote children’s welfare and to assure that children have permanent homes.4 The exercising of this authority emphasizes that a child is not the absolute property of a parent, although state action is limited to situations in which parents are proven unfit or unwilling to perform parental duties and obligations.5 Because the presumption favoring parents has to be set aside before any other caregiving arrangements are pursued (assuming the parents do not consent), reunification has to remain the primary goal of child welfare services until a permanent decision regarding parents’ abilities to carry out their responsibilities can be made.

 

The Future of Children site has a lot of good information, the problem is CPS does not adhere to policies, laws, regulations, or standards. Its all just words on paper and children being illegally seized from their families.

For more information please visit the link above.

 

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CPS WORKERS ARE DELUSIONAL: Interview With A Former CPS Worker

CPS WORKERS ARE DELUSIONAL: Interview With A Former CPS Worker

A resourceful and assertive donnellyjustice.me reader who goes by the handle, Mad Angel, recently had an opportunity to ask a former CPS caseworker some questions. Mad Angel asked members of Facebook to let her know if there were any questions that they wanted answers for. Here are the questions and answers that this brave individual gave HOWEVER, her answers give a clue as to how oblivious the workers really are to what is really going on. These answers are based on WHAT THE WORKER EXPERIENCED, WHAT THEY LEARNED IN “TRAINING” AND WERE LITERALLY TOLD TO BELIEVE AND TO THINK.

                                                                                                                      

dependency court

[Copied from Facebook with my own remarks which are between the two lines]

Here are the responses from the caseworker as promised.

1. I understand caseworkers get paid a salary, they get benefit packages…..So when a cps worker has done what they call an excellent job and removing more kids to safety or having more kids adopted out , than do they individually receive actual adjusted bonuses for what they call outstanding work?

ANSWER: Contrary to popular belief, there are no direct bonuses. However, the agency/state does not receive as much federal money for kids not in care and there are adoption federal funds received by the state agency.

                                                                                                                     

*****NOTE: My husband used to be a drinking buddy of a now retired CPS Supervisor and she received “Christmas” bonuses and the amount was unofficially based on the number of children her department “saved”. **************************

                                                                                                                    

2. Who really makes the decision to remove the child, the CPS worker or their supervisor/manager?

ANSWER: Ultimately, the decision belongs to the Supervisor, however, I have seen Supervisors bend over backwards to “help” the caseworker come to the conclusion that removal is necessary….or, at least, “in the child’s best interest.” Remember, we are taught to “err on the side of the child.”

3. Why does cps use past allegation from closed cases as removal purposes?

Usually only past “substantiated” referrals are given much weight. They can indicate whether a living situation is chronic as opposed to perhaps a one-time occurrence.

4. Why do they refuse to offer any real services to keep the family together in minor neglect cases? Is there no benefits or extra incentives to help in force the caseworkers want to keep the family unit together?

ANSWER: The agency is limited to the services available within a given community (i.e. lowest bidder, and you get what you pay for, but quality of services was never at the top of my list of concerns). INCENTIVES TO KEEP FAMILIES TOGETHER is at the very crux of the CPS issue. This was the entire point of the new policy that was implemented, but not followed, which prompted me to speak out against the agency “not following its own rules,” and for which I was eventually fired.

                                                                                                                       

*****NOTE: Same goes for everyone involved in the “court” facade. They use the rules against the parents but can break them all if they want to. Why BECAUSE THE JUDGE LETS THEM!!! THEY ARE NEVER HELD ACCOUNTABLE!!***********

                                                                                                                       

5. Why would they only take 1 child from the home & leave older & younger full siblings with accused neglectful parent?

ANSWER: Each child’s vulnerability is assessed individually. It is extremely unusual to leave a younger (i.e. more vulnerable) child in a home from which older children were removed. Older children are frequently left because they are capable of self-defense (or so the reasoning goes).

                                                                                                                    

**NOTE: I have never heard of any cases where one child was removed yet allowed the others to stay unless the others were not at home or school at the time of the initial removal but eventually CPS takes all full blood related children (i.e. no half-siblings) Half-siblings are often not included in the removal or the case but this, in my case, was due to the fact that it was the vindictive mother of the half sibling who made the “anonymous” call and because the half-sibling’s grandmother was a 35 year CPS veteran employee. *******************************************************

                                                                                                                    

6. Does he state also receive extra funding for children with disabilities?

ANSWER: Yes

7. We know abusive people can be very deceitful, yet there seems to be a growing trend of the abusive parent getting custody of the children in many cases (and what has caused a lot of the incidents of death/murder in many cases) doesn’t cps have training into noticing the trends of an abusive parent?

ANSWER: In short, yes. But the training is mostly concerned with protecting the agency from bad press. What I witnessed most frequently was removal of the child(ren) from one parent due to substantiated abuse and placement with the other parent for the simple reason that we have no allegations of abuse against them because we don’t know them.

                                                                                                                     

***NOTE: Well, how about at least looking into why the Family Law Judge (whose decisions are considered to be fair and reasonable by everyone else but CPS apparently) made the decision to grant physical custody to the decent parent they are taking the child away from???!! At least they could find out that much!!! MESSAGE TO CPS WORKERS AND YOU COURT COHORTS THAT ALLOW THIS TO HAPPEN: Family Law Judges know what they are doing (at least half the time) and have a GOOD REASON to order one parent have only supervised visits, why not just go with those orders until you can bring the case to court?                                                  

8. I realize that a timid parent who doesn’t aggressively stop another abusive parent is in essence just as guilty as the abusive parent, yet why is it that cps standards seem to be shifting to allow the abusive parent custody first and foremost.

ANSWER: Please see the above answer and, remember, CPS is not a “custody” agency. This is a difficult concept because, while CPS can remove children and place children either in foster care or with the “non-offending” parent, CPS does not establish custody. That is done by a judge in the Domestic Relations Court. Interestingly, because there is no legal custody for most children, either parent has the same rights to the child and therefore CPS cannot keep the child from the parent on whom we have no indication of abuse because we don’t know them.

9. Why wouldn’t services be offered to keep emotionally disabled child with her family? Why send her back home only when she began having uncontrollable seizures? Liability???

ANSWER: Yeah, CPS definitely sometimes “cuts their losses.” Like for a habitual “runner” or dangerous child. Usually these cases involve out-of-control teenagers.

10. Do you know anything about the bribes offered to the judges and jurors? If so, have you ever actually witnessed such acts?

I honestly have no knowledge of a judge receiving a bribe and I’ve never worked on a case with a jury.

                                                                                                                     

**NOTE: In Riverside County, CA the County places an advertisement looking for a “Judge” to fill the seat in Juvenile Court Dependency Court. This court is exclusive to CPS, everyone is paid out of the same funding that CPS workers are paid, meanwhile still receiving their regular seat pay as they have only taken an administrative leave or something. They are already being “bribed” just by accepting their paychecks from the same county who is against the people whose children are being removed or the “defendants.. How do they get away with such a conflict of interest??*****************

                                                                                                                      

11. It seems like the whole court and all the membiers inside during a child welfare case are all old buddies, is it true that sometimes before a hearing the lawyers may negotiate on whether or not to win or lose the case for each other. (I’ve overheard this one, “come on last time you were ruthless and I know that guy was guilty you have to let me win this one I haven’t gotten a winning case this week”

ANSWER: I think it is a bit of an “old-boys-network” (although it is mostly women). That said, I honestly think that most caseworkers, lawyers, judges…honestly believe they are doing what is in the best interest of the children. They are simply not terribly well-read when it comes to family-dynamics and child-development. The biggest problems with CPS are ignorance and megalomania.

12. Can you please explain how the agency benefits from the title IV funding?

ANSWER: If a child is IV-E eligible (which, for our purposes here, essentially means the child would qualify for TANF…i.e.poor families), the state gets federal funding for the child. This represents the VAST MAJORITY of CPS children.

13. We see over and over in the news how cps had plenty of opportunity to remove a child, yet they don’t. Most of the time the public only gets to see the cases that go completely wrong ie child dies. Why is a child left in an abusive situation during an active investigation?

ANSWER: It’s all about timing or disclosure. Either a child must disclose that they are being abused or CPS must catch the parents in the immediate aftermath of abuse or during neglect.

14. How do you find the “prisons” set up by CPS that imprison children? Children that most likely were taken from NON-abusive homes and families.

ANSWER: Honestly, foster homes are thoroughly vetted and I consider most of them saints. They are put under more scrutiny than even families being investigated. That said, if you are a bad person, the tightest scrutiny can be circumvented for long periods of time with lies and deception.

15. Why are some children put in Foster care, and the immediate family members are not contacted?

ANSWER: CPS is required by federal law to “diligently search” for family with whom the child can be placed. Of course, laws only work if they are enforced and this is among the top-5 problems with “the system:” no enforcement.

16. What process do they use to find family members of the child?

ANSWER: There is a systematic protocol, but, essentially, either the parent or child must provide contact information for expedient location of suitable relatives.

17. Did you ever have civil rights training?

ANSWER: Civil rights training is often received, but rarely enforced. My biggest concern was always constitutional rights (see 4th, 6th and 14th amendments) which are never taught or enforced.

18. What were the motivations of the job?

ANSWER: I can really only speak for myself, but my motivations were simple, help children while maintaining the sanctity of family. Considered more valued than these within the agency are agency-protection, enforcement and megalomania, which is why I’m unemployed.

19. What kind of mandatory training did you have?

ANSWER: TONS!!! of mandatory training, little of which translated to practice for anyone else.

20. What can parents do to keep caseworkers honest?

ANSWER: Nothing, but being obsequious and obedient is what I have seen help families even with corrupt and/or monomaniacal workers.

21. Did you ever know of a whistle-blower? What happened?

ANSWER: I was a whistle-blower. We get targeted and are eventually fired and no one cares. The bureaucratic behemoth lives on to devour more families and children.

22. What corruption have you seen yourself, and are you willing to present this information to the public?

ANSWER: One of my favorite examples of corruption was when I worked in the freeing-children-for-adoption unit where we read “home studies” on prospective adoptive families and one of my co-workers said she immediately checks to see if a family is religious and if they are she won’t even consider them as a potential placement. A clear violation of civil rights. Unfortunately most corruption in CPS is much more subtle and can be effectively couched in “best interest of child” and “err on side of child” language. It’s all gray area therefore there is no wrong way of doing things. This is why, I am convinced CPS will never experience wholesale improvement. Society NEEDS a perceived protector for its most vulnerable and a visible scapegoat when things go horribly wrong.

I HAVE already gone public with all of this. I got fired. No one cares.

23. We’re you ever trained to do the wrong thing?

ANSWER: I think I made it abundantly clear to my superiors from “go” that I would not be a blindly obedient Nazi. I was eventually fired precisely because I would not do the wrong thing.

24. When they figure out that they made the wrong decision. Like placing the children with the abusive parent, why don’t they fix it?

ANSWER: The next time I witness the agency admitting a mistake it will be the first time.

 
9 Comments

Posted by on January 13, 2014 in CPS Whistleblowers, Videos

 

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Your WHOLE FAMILY Misses You Donnelly!!


Dear Donnelly,

You are now 6 years old and probably not allowed on the computer by yourself but in a few years you will be and I hope to God that you Google your name and find this blog that your real parents have dedicated to you to help other families being torn apart like ours was. We want you to know that CPS took you away from many people who love you very very much. We are all still so very heartbroken sometimes it’s hard for me to just go about life without you. I miss your kisses and hugs and I miss reading to you and playing with your Cars cars. For a while right after I bought you the movie I began purchasing toy Cars every time I went to the store. We wanted to be the parents who took you to Disneyland, we wanted to be the parents who took you to school on your first day. If you were still with us I would not be working, I would be a dedicated stay-at-home mommy who would pick you up from school too. No daycare, no afterschool programs for you to have to wait at all afternoon. I would have done your homework with you everyday just like I did for your sisters, Kayla and Alex. We would be going to the park at least two times a week and you would have helped me find new things to add to your Spongebob collection. We would be making cookies and cupcakes together, we would be cleaning up your room together, you would go shopping with me and on the way home we would stop and get ice cream cones. I would let you play hookie from school once or twice so we can have a fun day together, just me and you. We would all go to Magic Mountain and in the winter time we would go to SnowHill in Big Bear. I would be teaching you math with flash cards, I would be explaining to you why the sky is blue. Daddy would teach you the planets and the solar system. Either me or Daddy would help you with your school projects and we would volunteer to go with your class on field trips. These are all the things we did with your brothers and sisters for years and years. It’s really ridiculous that CPS took you away from us, well, more than riduculous but for this post I will try to keep my words focused on trying to let you know that your real family is a good family no matter what CPS or the Ra__os__i people have told you. Please keep looking on this site for my videos of our story so you know what we were really like. I want to share some more pictures with you. Two days ago was your Sissy Kayla’s birthday. She turned 19 years old. She was there when you were born and helped Mommy a lot when you were little. You both loved each other very much.

……

 
4 Comments

Posted by on December 20, 2013 in OUR STORY

 

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Image

HAPPY BIRTHDAY DONNELLY! FROM YOUR REAL MOMMY AND DADDY


DonnellysCard

 
7 Comments

Posted by on November 16, 2013 in OUR STORY

 

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Ex-Social Worker SPEAKS OUT Confirms What We’ve Been Crying Out About!


This is a great video. Thank goodness for this man who is brave enough to tell the truth. MORE of you should speak up. But then again, you actually ENJOY HURTING CHILDREN, DON’T YOU?

 
2 Comments

Posted by on October 20, 2013 in CPS Whistleblowers, Videos

 

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