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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I was granted guardianship of my 2 yo granddaughter nov. 2015. Lilly Hay. She was happy and healthy. Scored well above average on every test dcf and cps made me take her to. Never one bad report. Even the g a l, Shannon Dorn, said " lilly is happy and safe. I see no issues here. I need to focus on the children who really need me. I will come one more time, then request our case be closed". I was so happy. Then even better, i found a great job. The cps worker Danielle Geiger asked if i wanted daycare. I said no, lilly spends the day with her uncle, swimming, going to parks, playing with neighbors kids. I dont like kid kennels. That was strike one. Lilys mom was not allowed to live with me. So i had to tell my 18 year old recovering addict daughter that she had to live on the streets, try to stay clean, try to stay safe, i love you. No other family here, limited income, she relapsed, went to jail. Strike two. Ok, bills are piling up, i get a second job, going to be late, get pulled over, find out i had not paid a ticket and license was no good, got detained for 3 hours. Strike 3. They took my baby. Not for abuse, not for neglect, but because i will not sign a "safetyplan" that said i knowingly put lilly in danger by driving. A car that she was not in. Ohhh, and did i mention how they lied about visits, documents, concerns they supposedly had all along, but were never once documented, or even mentioned to me. The g a l lied. Anthony something. He said he had come to my home on many ocasions and i would not open the door. Yet a coworker of his said she was going to request closure. 3 weeks of pure hell finally get to see my baby. I almost fainted. She lost so much weight, she was sick, had a bruise on her face, and back in diapers. Her little lip curled under when she saw me, then she just went blank. It was 45 minutes of agony. Part of me wanted to beg and plead for her return and part of me wanted to end the very exsistence of the person who initiated the removal. 2 more grueling weeks. Lillys uncle went alone this time. She is still sick. Can barely open her right eye. Coughing up mucas, chest congested. Why arent they bringing her to the hospital???? My baby is suffering. My daughter is out of jail, doing very good because she is living at home where she has love and support. I cry myself to sleep everynight, asking how an agency who is supposed to protect innocent children can put this little girl through this. I cant eat, cant sleep, wake up everyday searching for a reason to not step infront of a bus. Then i picture lilly, how she calls me "Wubba", and would fall asleep in my arms everynight listening to itsy bitsy spider. If there is anyone, at all, who has any advice, recomendations, anything, please help, please.
INCENTIVE monies need to be reallocated to supporting biological families. To family preservation and to the education of families.
This agency and it's methods needs to be investigated!! And CPS workers need to start being held accountable for making up stories and lying in a court of law!! When will it end!!!!
Paige Cummings loose her position & be brought up on charges back from 2008 my two boys Sebastian & migelangelo alderman were removed not even from me & cps lied in court falsified paperwork & promised me I get my boys back until last court hearing & decided because I had smoked marijuana I wasn't worthy enough to get my boys back & took my right away what a bunch of b.s.
My grandson was unlawfully removed from my residence without any evidence of abuse or neglect. He was 10 months old. We got him back 9 months later but we are still being threatened and bullied.
My grandson was unlawfully removed from my residence without any evidence of abuse or neglect. He was 10 months old. We got him back 9 months later but we are still being threatened and bullied.
Quincy,il DCFS investigator Beth W. Has lied and lied(have lots of proof as to how she has taken everything and twisted it). Something needs to be done about corrupted cps workers.
Quincy,il DCFS investigator Beth W. Has lied and lied(have lots of proof as to how she has taken everything and twisted it). Something needs to be done about corrupted cps workers.
I have been battling cps for a year now to return my children they were removed because I was domestically abused and have been kept from me all based on lies assumptions and false accusations. They revictimize the victim and offer no help or support
This is not right !!!!!! They need to worry about kids that have no food Bc there parents r out buying drugs instead of this family who truly cares about the baby and twins .I will be praying for this family.
I'm signing because my children are in foster care because of CPS in Mobile Al and they are refusing to let any of my family have custody
Im signing because I have a niece and nephew in foster care that ive been trying to get custody of and Dhr in Mobile Alabama has done nothing but give me and my family the run around they dnt return phone calls, they lie to your face and seem to find any reason possible to keep those kids from their biological family I caught them in lies myself the first case worker told me the case was transferred to a new caseworker but 2 months after he told me that he filed a petition with the court to terminate my sisters rights I did everything asked of me to try to get those kids and dhr could not give me any legit reason as to why I cant get custody I passed background and home checks an all they could
I am dealing with this corrupt system now because of a ****ed off baby daddy, lying to ppl about me and my kids...