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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CPS only serves to harass, stress and traumatize families. So many people use it to make false reports, especially when they can be anonymous. I'm tired of them showing up late at night, invading my private life, judging my house and my parenting methods and spewing a bunch of lies that someone had reported me on. CPS never helped me when I was young. I was abused for many years and they did NOTHING. Now they harass me about my daughter whom I take very good care of. I fear every day that my daughter will be taken away over false or exaggerated claims. This needs to stop, now!
We are involved with my friends daughter whose children were rmoved in july 2010 the fostering mother Tonya King and the oldest granddaughter has willingly admitted to searching the following sites every two weeks from 7/2010til current claiming the child Feleicia and her brother Dylan were forced to checked these sites every two weeks....http://birmingham.backpage.com/FemaleEscorts/classifieds/Disclaimer?category=4443

http://birmingham.backpage.com/FemaleEscorts/your-choice-ca-m-real-fun-and-firty/10941536 As you can see in these sites are not less than porn and they made these children do this to destroy the image of their family and mother with DHR stafe-directors fully aware of these actions by return receipt notices and constructed evidence to demonstrate what these children were made to look thru for over four years
Ewe lamb

The section 26-14-3 refers to mandatory reporting the abuser is DHR and foster parents physically, mentally, and sexually in the custody of the State agency, custody manipulated to obstructing justice and defrauding the mother of her money thru child support orders that there was no reason for removal of children to begin with and the attorney was refusing to answer about these document or their importance this is the first trial Sept 2010.…..these six pages are the tip of the iceberg , exposing a case that is close to organized crime and child trafficking with in state authority and being covered up, a conspired case of abduction and fraud using children and parents of this state and nation…

This has been a five year battle to report crimes done to families using DHR as a harassing tool then they went after me children and my children, now other family members are being targeted by this state

Amelia Sulkers children were removed from a home due to her addictions to pain meds and her addiction to drugs the children were removed after the home was cleared for cleanliness , She was forced to go to drug treatment and she was faithful just get her children home, But during the trial in Sept 2010 this was presented by DFCS and they had these records calling her a proven drug addict and was seeking recovery and had failed as told to her children in custody by the foster mother Tony Lister and the state DFCS
Trial trans scripts Sept 2012

the drug use accusations as explained by DFCS not the experts transcripts from Sept 19, 2012 trial between BITTERMAN and social worker Lamely Duck first trial dated Sept 19, 2012 and admissions from Jan Simmons in Sept 19, 2012 and in Oct 31 2014 in second TPR trial…
Cross Examination of Lamely duck Sept 19 2012.
1 Q. (BY MR.BITTTERMAN:) Have you ever

2 seen this before.

3 A. Yes, sir.

4 Q. You have?

5 A. Yes, sir.

6 Q. And it's your understanding this is a

7 report from Emilia Super?

8 A. Yes, sir.

9 Q. Her psychological evaluation?

10 A. Yes, sir.

11 Q. I'm going to go to Page 4, the bottom

12 of the page and the signature there is from a

13 Dr. Suarez?

14 A. That is correct.

15 Q. Have you ever met Dr. Suarez?

16 A. Yes, I have.

17 Q. So you know Dr. Suarez?

18 A. I know her on a professional level.

19 Q. Could you read starting at the -- on

20 down here about the middle of the page before the

21 list starts, the bottom of the parag
CPS is holding my daughter hostage!!! I have NEVER abused or neglected my child, yet she has remained in foster care for 9 months and she is starting to suffer emotional trauma....this trauma is now being blamed on me because they can't admit they are wrong. I fear she will be taken forever if I do not get help now. WE HAVE TO STOP THIS!! WE WERE GUARANTEED FREEDOM OF FEAR FROM OUR GOVERNMENT AND WE CANNOT ALLOW THEM TO GET AWAY WITH IT!!!
Tehama County CPS and Tehama County Superior Court are socially engineering family's.
My children were taken and kept for false reasons as well as the 37 calls made by a mailicious sex offender neighbor. We are still working on getting our kids back as well as our lives
They are liars and greedy. They stole my child, and wouldn't even explain why. They said they didn't need a warrant. I'm so sad and makes my depression worse
Thats what i was wondering how can cps find you guilty of allegation without a formal investigation they lie in reports and change reports to have the outcome the social worker wants then they put you in so many classes that dont offer childcare if your a sigle mother with her children this is a set up for failure and in indio childrens court there arent even changing tables to change your babys diapers their concern is not for the children its all for money and they target low income familys because they know you cant afford proper leagel representation its really sad for familys that have to endure this abuse brought on by the cps system i hope everything about this agency is investigated and including the judges and lawyers please help to get families out of this terror its truly a nightmare when you have to deal with these people that have too much power and noone to help these abused familys thankyou n god bless anyone that can get this investigated immediately past and present cases need immediate attention this has been going on for years
I am going thru a cps vase where a 16 yr old step daughter called cops because she wasn't getting her way with me as far as getting to have party and lots of boys over and her dad was in jail and she called saying I was beating my 15 yr old son and I've never laid a head even spanked neither of my sons nor my 3 step kids no proof of any was even found or in my opinion doin there was no questioning of teachers nor family or friends and they only questioned my son. I was abused phycally and mentally abused all my childhood and teenage years so I got critized for never disciplining my boys for years and now to have my kids gone and cps putting my youngest in the care of my abuser and oldest in the are of his sperm donor that had never seen him for 15 yrs and only seem him 2 times once cps took him. I'm so lost and don't know what to do even to fight the DA on criminal charges for the false allegations of abuse.