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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My brother and I were foster children in the 50s and 60s.We were abused. At my age at 60 years old I was diagnosed with ptsd.After I was diagnsed, I thought about it and realize that I must have had it as a child. I would cry myself to sleep being afraid the foster family were going to hurt me physically.My brother died from cancer obtaining it from agent orange in viet nam.I ran away from the foster home at 15 years old. My brother joined the army as soon as he was old enough.He had told me he was happy to fight to get rid of his anger from our childhood.Because of our childhood being so traumatic, it has really ruined my life. I want to have a voice for all foster children from my terrible experience as a foster child.Cps had so many faults. They were looking for a place for us to live. Our mother had 11 children and were all taken away. We were all spread out and because of this, all of us as siblings, have never had a chance to bond. Foster care can be such a difficult thing for a child to go through. No steady home and could never show love. As my brother lived in the foster home I think for 13 years,we never had a hug also never heard the words,' I love you'.Therefore,this has altered my relations with my children because I never knew how to show love.Not having a loving mother or loving father to be there to talk to was unknown to my brother and me.Please I want to have a voice to protect foster chidren that they are placed in a home with people with warm and loving hearts something that we were not blessed to have. Trust me, this would last a life time how a child is raised.
I think CPS takes Children from parents that have not been abused they have my 3 youngest for a trueancy I did not vohad
the school did not put their es on file and the judge threaten me if I moved he would hunt me down I I moved out of my home he would take them from me and scared me so I would not move out of my home . so I was scared and stayed and no they tricked me into waveing m hearing for improvement period. Now I'm guilty for living in the home we lived in. Now they took my kids .now we are homeless .the cops came and deemd my house and I can't seem to get an help.plus they let me keep m oldest daughter for aproxmently 2 munts now they took her with an emergency order
They said it was cause I did not go to her appointment for her garden it litement witch was on the same day of my Hearing witch was counseled because of m grandson was born an in the NICU at the Hosptiol in witch we sent papers faxed to my so called appoimted lawyer And I had called the garden itlitement and told her it was canceled in witch Pryer to that two days before I talked to her and told her it would probly be moved to another day she said it was fine the next thing I know there coming and taking her . now they have all 3 I need a good lawyer . so if there is any pro bone o lawyers out there I need help on bringing my kids home.what sucks in 2006 march 1 st CPS took all 4 o my kids in no one county WV because I had some to hit my van in the rear it was a car reck it was not drug or alkahal related Actsdint and my bond with my kids was to strong. When they gave them back that said they could not break are bond we hat
My name is Veronica Cobos.Im from sacramento california cps has my grankids, my daughter may have made bad choices but noway did she abuse them in any other way she is good , i have told cps to text her for bipolar disorder cause she forget and she gets off track well noone lessons to me they wont give me them cause i live with them anyways i will get a lawyer ...thank you VC
CLEAN UP DCF AND PROTECT OUR CHILDREN!
You Reap What You Sow
The basic nature of God's Justice:
GALATIANS 6: 7-9 (KJV)
7: Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.
8: For he that soweth to his flesh shall of the flesh reap corruption; but he that soweth to the Spirit shall of the Spirit reap life everlasting.
9: And let us not be weary in well doing: for in due season we shall reap, if we faint not.

THE DEFINITIONS:
1. Everything that you do has repercussions. It comes back to you one way or another.
2. You cannot escape the consequences of your actions. What you do comes back to you.
3. You will see the long-term effects of your actions.
4. KARMA - The total effect of a person's actions and conduct during the successive phases of the person's existence, regarded as determining the person's destiny, especially, in his next incarnation.
5. What goes around comes around.
6. Your actions all have consequences. Don't ever be fooled into thinking that your actions don't have consequences. Don't think you can get away with bad choices even if you don't seem to get caught. Remember verse seven tells us that God cannot be mocked. He sees it all. You reap what you sow.
Watch the way you live your life because you reap what you sow.
My kid taken in the state of MD for reaching out for mental health services. I was denied these services. CPS did not give us in home services nor preventative services. They went behind my back and took my kid. Then they lied in court saying I was unable and unwilling to attend to his mental health issues.
My dear friends have had their 3 beautiful children taken from them. They have jumped through every hoop the dcf has placed in front of them, and still their children have not been returned. MA needs some serious work done. I am terrified that one day an accident may take my future child away. This is not acceptable we must protect children and families.