CPS reform

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CPS reform

Nationwide, 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 (Child Protective Services). For example, in Texas they're known as DFPS. (Department of Family and 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 petitioning 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. 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 type 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.

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 child removed from an abusive home, there are 17 unabused 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. Calabretta v. Floyd (9th Cir. 1999)

4. The mere possibility of danger does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice (2nd Cir. 1991)

5. Police officer and social worker may not conduct a warrantless 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. Goodv. 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, more healthy Child Protection System?

I. Child Abuse is a Crime, not a touchy feely 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 investigate those who sign up to be foster parents. They do not do this today, and many foster parent 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.

Injustice against one American is injustice against all Americans. Help us put the Justice back into Child Protective Services and get them focused on finding and saving abused children. It's time we removed them from the profitable business of tearing loving non-offending families apart.

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not only are some CPS employees overzealous, a CPS clerical worker disclosed confidential information just for malice.
They took my children and have to the kids father's family and they where the ones Calling on me.
My brother & sister in law had 4 of their 9 children taken away. They lived in Mississippi and Louisiana cps took them. She was on narcotics my brother never touched drugs but someone she was with was caught stealing from a store. She was compliant with everything she was ordered to do by cps and they illegally had 2 of the children's birth certificates changed from my brother being the father to her ex. The judge had an ankle monitor for being caught using cocaine. They terminated their rights even though she was compliant and adopted them out. Never once checked their home environment and or took the other children. And should have legally had the case transferred to Mississippi.Nor did they give any other family members the option to adopt because the case workers good friend was one of the adopting parents and she wanted the youngest child which was a girl. There was never any abuse. Except for the pills the mother was using and stealing and the mother complied and became drug free.please if anyone can answer any questions or give us legal advice please call or email me. This is all so complicated to explain on here. Thanks 985-503-8119 or dysoncindy@ymail.com
People need to know that every time cps gains custody of a child..they are given bonuses..as if kids are rewards...god help us
I am in a battle with cps now i have been lied to lied about name forged to get medical reports and even accused of child molesting by cps from the mothers word even after cps found out the case was dropped she still used it against me to take the children .I totall agree something has to be done and i only wish that somehow people should be made more awear of the law some how.THANK YOU FOR CARRING
I cant go one more day knowing my children are suffering like this. I did see Tatum (one and only time he has let me) and i could see so
much sadness in her eyes. Its hurting them both terribly on the inside, it shows on the outside. But, as their mother .. I see so much more.

The folder that the Department of Health and Human Services has is crammed with untrue allegations that i feel disresepect me, but most
importantly, my children. As far as the drug testing is concerned, I have passed and i have failed. However, my children have never seen me intoxicaited,
or not able to take care of them. My children have never layed eyes on any drug in my presence. They are better than that! But test my
parenting skills, my heart, body and soul.. Only then can you give an accurate test. Your results would say, Trevor. Tatum. Heidi.
Please see how yall are making a huge mistake! After a year of being harrassed and 5 caseworkers later, who wouldnt need a drink or medication?
I went from a top notch Mother, to a Mom walking on egg-shells fearful of my every move. You can prove what was in my system by a urinalysis, or another cutting of my hair,
but what you are failing to see that in their fathers... is a lack of heart and love that only i can give and show them. My main goal since i became a mother(especially by these two men)
has been to teach them morals and all that is good, kind, and honorable. By them being in their fathers care, they are shown the exact opposite.. I promise you that.
My children didnt even know what drugs were until about a year ago when Harley Garouttes' child support was raised to a much higher
dollar amount. It was then I knew what me and my children were about to face. That is why i begged the lady at the Child Support
Office in Beaumont to please lower the amount. She said she couldnt, and thats how i met Child Protective Services. When me and my
ex-husband (Stewart Fowler) divorced in 2015, i was threatened by them both that they would team up and do everything in their power
to take my babies, to take what is my life away from me. Out of nothing but spite greed and the fact that Stewart knew we could never
be together again.

I have had caseworkers from every county surrounding me. Mrs. White, Janis Jones out of Hardin County, Heather Barefield out of Jasper County and
Mrs. Nichole Spiller out of Tyler County, who was working my case from July 2015-
October 2015. (Round-about) My son sat down with her in October, and revealed things that had took place while at his fathers. And for the life of me, im still trying to
understand how yall can come into my home, be in my childrens presence asking questions but i have no right to know what was said....
So when i asked Mrs. Nichole if everything was okay?..
She was very concerned about him and Tatum being around Harley.
Her words were, "I cannot tell you everything that we talked about but HE DOES NOT feel safe there and i wouldnt send either of
@SenTedCruz CPS reform
Dear Mr.Cruz,
I had my Granddaughter removed from private Christian School on September 3, 2010. I am a devout Christian, had been working on my Masters degree in Art Education ( Deans list). I had passed FBI background check, and Psychiatric evaluation to adopt Haley Rose. I brought her home from the hospital and provided sole support for her for 5 years and 10 months.
I became Haley's Foster mom in 2009, when her 1/2 sister died at the hands of abusive parents . I was a NON-OFFENDER, so I could not get a Public Defender. I was told if I "Ever wanted to see Haley again" I would "Find $10,000 for attorney fees. " I knew this was wrong. I wrote to over 50 congressmen, political figures , etc. The only one who tried to help at the time was Governor Perry-- but CPS is not in his Jurisdiction..long story short , the FBI has had my case for over 4 YEARS!! I had researched zz FEDERAL POLICY AND PROCEDURE FOR CPS and found the new 4th AMENDMENT SEARCH AND SEIZURE LAW; first enacted April 10, 2010. Haley was taken September 3, 2010.
I have written to DOJ/FOIA , and the FBI to no avail . I provided FBI with 100s of pages of documents.
I was not assigned an agent, and Haley and I have been "swept under the rug"..
Everyday is guy wrenching, not knowing where she is or if I will ever see her again. I saw your name on the Rally for Congress Petition, so I thought I'd reach out .. I've already written to Michael Burgess, and spoke with him on the phone, and in person, but he was "clues".. Didn't even know why I was speaking to him about it . John Cornyn ignored me.. You seem like a man Passionate about his Visions-- you seem to be a man of his word. I hope you can help Haley Rose and I .

Thanks. Respectfully,
Katie Caldwell