There are State run agencies who are supposed to be protecting abused children in dangerous situations. Each State has many different titles for them. All of them are main stapled as CPS (HHS) Health and Human Services (Department of Child Protective Services) While there is an important need to find abused children and to protect them, the current system is only finding a small percentage of those truly abused children.
The rest of their statistics that guarantee a high departmental income are from families who never abused their children. Where they get this income and the sources of information will be posted after the next paragraph. I am not calling for an abolishment of CPS. What I am calling for is an overhaul and restructure to bring them in line with lawful investigation practices, to maintain Constitutional Rights and proper training for Agents who never had children, and psychological evaluations to find and replace the Agents who were themselves abused as Children and see abuse in every home regardless of the situation. This is not, I repeat, not a rare occurrence.
I will supply statistics to support this and how this has escalated. I will also supply the sources. Departmental income has become more important to CPS and their offices than actually finding abused children and protecting them. Each and every time they remove a child from the home, they get paid from the Federal Government. Of course they lie and say they are not,.Here they are:
1. Public Law 93-247 known as the Mondale Act of 1974. 2. Public Law 96-272 known as the Adoption Assistance and Child Welfare Act of 1980 3. Social Security Title IV-E funds. The ASFA- Public Law 105-89 known as American Safe Families Act of 1997 is one of the most horrific laws on the books today. While it sounds nice in the title, when you get through the legal jargon, what this means is so wrong.
If you ever had a child removed from your house by CPS, even UNFOUNDED and you are innocent, they will take that child in minutes after the child is born! Babies are highly adoptable and the Federal Government pays out $6,000 to the CPS office who conducts the legal kidnapping and gets them adopted quickly without regards to the biological Mother and her family. Since she was investigated once, they do this in the “best interests of the child” as she is a “potential” abuser. The largest targeted types of families are folks with low incomes, children on SSI and are minorities. If you even have one of those three issues, you are a target for CPS to illegally investigate you.
While these things are a surefire magnet, they have been known to do illegal investigations against families if they were reported falsely with malicious intent. Example is an ex-wife wants to get even with her ex-husband and his new family; she could report them and put them through Hell. Why are the reasons CPS Agents actually find so little true abuse? 1. Agents who never had children and don’t understand that a few toys in the corner of the room is not a hazardous mess. 2. Agents are not trained in real evidence recognition. In fact, no Agent in CPS has any training in evidence, the Constitution or criminal justice.
They are given anywhere from 3 to 6 months of training, being taught that it is ok to break into a Home without probable cause or exigent circumstances. 3. Agents are trained to use subjective speculation and not objective factual reporting. 4. The Agents do not get psychological evaluations. A number of Agents who were abused as a child themselves see abuse in every home they go into, even if it’s not there. 5. Most States do not require Agents to have a degree in Social Sciences. Any degree will do, doesn’t even have to be related to the field. 6. The Agency has no checks and balances. A field Agent can lie to a judge or police officer with absolutely no proof and have it entered as factual evidence in a court of law! 7. Agents are trained to believe they are immune from the authority of
the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Fourteenth Amendment. They violate this in every investigation done nationwide. Petition: Here are the statistics and sources to support these facts: Number of Cases per 100,000 children in the United States. These numbers come from The National Center on Child Abuse and Neglect (NCCAN) in Washington. CPS- Physical Abuse (160) Sexual Abuse (112) Neglect (410) Medical Neglect (14) Fatalities (6.4) Parents- Physical Abuse (59) Sexual Abuse (13) Neglect (241) Medical Neglect (12) Fatalities (1.5) As you can see, children are abused far more in care than at home.
The calculated average is for every 1 abused children removed from an abusive home, there are 17 children removed from loving non-offending homes nationwide. Constitutional Violations and Court Rulings that CPS Ignores to this very day! 1. It’s unconstitutional for CPS to conduct an investigation and interview a child on private property without exigent circumstances or probable cause. – Doe et al, v. Heck et al (No. 01-3648, 2003 US App. Lexis 7144) 2. All CPS workers in the United States are subject to the 4th and 14th Amendment – Walsh v. Erie County Dept. of Job and Family Services, 3:01-cv-7588 3. Police officers and social workers are not immune for coercing or forcing entry into a person’s home without a search warrant. Calibrate v. Floyd (9th Cir. 1999) 4.
The mere possibility of danger does not constitute an emergency or exigent circumstance that would justify a forced warrant less entry and a warrant less seizure of a child. Hurlman v. Rice (2nd Cir. 1991) 5. Police officer and social worker may not conduct a warrant less search or seizure in a suspected child abuse case absent exigent circumstances. Defendants must have reason to believe that life or limb is in immediate jeopardy and that the intrusion is reasonable necessary to alleviate the threat. Searches and seizures in investigation of a child neglect or child abuse case at a home are governed by the same principles as other searches and seizures at a home. Good v. Dauphin County Social Services (3rd Cir. 1989) 6. The Fourth Amendment protection against unreasonable searches and seizures extends beyond criminal investigations and includes conduct by social workers in the context of a child neglect/abuse investigation. Lenz
v. Winburn (11th Cir. 1995) 7. Making false statements made to obtain a warrant, when the false statements were necessary to the finding of probable cause on which the warrant was based, violates the Fourth Amendment’s warrant requirement. Aponte Matos v. Toledo Davilla (1st Cir. 1998) What can be done to change this for a better, healthier Child Protection System? I. Child Abuse is a Crime, not a touchy freely civil complaint and should be investigated as a crime. II. Have the abuse allegations investigated by a Detective or Police Officer, who are trained for this as a career, whereas CPS workers are not. All investigations are joint ones with said Officers of the Law and with warrants properly issues under probable cause. III. Re-train Agents to respect and obey the laws of the Constitution of the United States
. If a family is guilty of abuse, a legal investigation will find it. IV. Repeal the Mondale Act, Adoption Assistance and Child Welfare Act, Title IV-E rewards to CPS from Social Security and the American Safe Families Act. Remember, they are not what the title sounds like and has been the root core of many loving homes losing their children to a system that will abuse them. V. Make CPS legally investigates those who sign up to be foster parents.
They do not do this today, and many foster parents who want the money for fostering them are actually child abusers who never get caught! VI. All interviews to be audio and video recorded just like it happens with the police! VII. Hold CPS Agents and foster parents and the records keeper responsible for every child who vanishes or dies in their care for their location. VIII. Also investigate the person or persons reporting the abuse, and if done maliciously with intent to disrupt a family, prosecute the reporter to the fullest extent of the Law regarding making false claims to Government Agencies to affect an unnecessary and costly investigation. IX. Abuse is a Crime, guarantee the accused retain their right to face their accusers in a court of law. As the system currently is, this is not done. X.
The Children are to be tracked on a weekly basis, so no more children vanish in the system. XI. If a disabled, mentally retarded or sick Child is put into Foster Care, the Child’s current Physician will need to provide a copy of the diagnosis and treatment, and medications, if any, will be provided as prescribed by the Physician. All appointments must be kept while in Foster Care. Any violations without a very good reason will result in the Foster Parents
losing their certification for Foster Care. XII. If a Foster Child dies while in Foster Care, there will be an Investigation by the FBI and all parties responsible for the Death of a Child will be prosecuted to the fullest extent of the law. XIII. There will be a National Database where all known abusers are recorded and can be accessed by Law Enforcement. Everyone who is found not guilty won’t have their Convictions and Abuse Reports listed. It will be illegal to keep records of any sort on innocent individuals or families. If they are convicted in a court of law by a jury of their peers, then the report of abuse they are guilty of will be the only report listed.
Currently, none of this is done, and innocent families who are not guilty of anything are losing their Children based on the word of others where there is no burden of proof for Prosecution, for the sake of getting Federal Funds for tens of thousands of dollars. The few truly abused children are ending up in a system where they are worse off than where they came from, even to the extent of being killed. Also, the innocent children who are never abused are also killed.
These people amaze me by their confidence in nothing, they have no positive data to back anything they do. They come into your home because someone called the hot line to cause you pain and suffering like an ex-wife who lost in divorce court and doesn’t want the children to love you over her.
The attorney’s are so completely incompetent, do not object to anything, and only want to push you and your kids through the system even if it ruins the entire family as long as they get paid. My attorney guided me through the entire process and now that it is over I have found out all the things he did to make sure I lost. This Attorney Daniel Vinson knew very clearly that I was not guilty and let so many things be presented as evidence even while I was sitting there and stated I do not have a drug history, why are they saying I do. I never had any charges or drug convictions in the past and he did not object to anything but passive willingness to let go of my parental rights. Only a CPS case from my ex wife after she was on antidepressants. I have done the research and have over 1800 pages of evidence from this court that I will get into court. I have written many reports of the amount of evidence we have and it is just a matter of time. If it isn’t me it will be someone else this information has been given to .
County counsel Mrs Jamiilla Purnell brought up information she had absolutely no knowledge of and stated theory as if it were fact. If anyone in this court room were ever in a real court of law they would be completely run out of the court room until they learned of to conduct themselves like a professional. CPS and county counsel submitted a criminal record that was not mini and it belonged to a man 10 years older than me. I told my lawyer many times that I had no drug history and he continued to sit on this information and it was a major factor in my railroading by the South West JV Civil courtroom system and is well known for over 20 years that nothing in this court is for the child’s best interest.
They are the only ones in this system that believe CPS has anyone convinced they do care and it is only a matter of time now until this court and the money taken by CPS courts and then placed into an account that any state agency can take funds from as needed and this is all documented in the 2011 grand jury investigation.
It is truly amazing that these attorney’s will cover up any way for you to win against CPS to the point of destroying any respect the client could possibly have for their ability to defend you properly. These people are sociopaths who care about nothing.,
The three most common ways of stopping a parents visit to take control of a child welfare. Tell the parent the child doesn’t want to see you.
Make false accusation of crimes committed by the parent and say you will be convicted to scare them into signing the case plan. Answer tell them to bring it on because you know you are not guilty. Believe me the criminal courts are 1000% more fare than the CPS court. CPS courts are unconstitutional and private. Even if you submit proof of your innocents it will not make it on the record. Remember this always when you talk to anyone in these courts. CPS has been caught repeatedly selling children to child trafficking and anyone who challenges me on this better have their facts in order because I have FBI reports, Grand Jury Reports that have been done over and over again and CPS fails to follow any recommendations.
Any Parent should know when CPS cuts off your parental contact with your child, this is against the law and you should always take steps to counter this asap do not let this go. CPS is trying to break the parental bond because you and your child have a close relationship.and CPS finds this to be their biggest enemy to people ever trusting them, I got news for CPS people will never trust CPS. You have to actually care about kids.first. I found information in a report for the continuity of US Government and this report actually suggested having community centers to raise the child. What these reports don’t ever mention is that children are so much better raised by the bond of a mother who cares endlessly for their child, and the community center is just a paid babysitter and everyone knows how that always works out.. Maybe if you doubt any of this is because it sounds crazy and it is but that doesn’t say that it isn’t true.
A version of this column originally appeared in donnellyjustice.me.