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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The State of Hawaii has a awful habit of changing birth record's sometimes with-out all or some of the parties knowing. In my case this was done 4 separate occasions and no DNA .
1st time it happened my sons name was changed, as well as a father added by his father no DNA was provided.
2nd- A father was added by CSEA again no DNA and they added the wrong name none of the parties new this had happened for 5 years.
Trying to fix my daughter's certificate has been challenging. How is it that this can happen not only once but twice.
My History
2002 I had a report to cps stating I neglected my newborn. The father used cps to harass me until I was forced to send my 8 year-old to stay with relatives.
- He was able to get custody because he had more support regardless of his past domestic violence and criminal history. He had more knowledge of the law as my history was clean.
-We both drank here and there but he was able to set me up and did whenever possible it was diabolical the tactics saying he would pick us up to go to court and leave us stranded so I was not able to make it to court.
-I was devastated with no children I left the area to try to better my life get away from his physical abuse and threats and to heal. The one treat was that if he did not get the baby know one would. No one believed me even when I was severely bruised all over my face and was accused of injuring myself.
-This man was able to change the name on the birth certificate add his name and to this day there has never been a DNA test.
-2003 I learned that was yet again involved in another DV attack.
2003-2003 was a time when I was homeless when all this happened.
2004 I was pregnant again and had mixed emotions but was also happy in a way. The father however was hostile and wanted me to terminate.
-I left and went to a different island.
2004 I was reported to Cps foe negligence regarding my 8 year-old and baby but my 8 year-old was in another state with relatives and the report was not founded and still is on my record, and I am not allowed to defend myself against my accuser.
2013 My next report came from a disgruntled neighbor who had called CPS who called in and said that my daughter was unsupervised and cps came to my home and was aggressive on entering my home and did threatened me that here could be consequenses if a welfare check was not allowed.
unfounded and still on my record. Services were recommended again no hearing.
-Just to be clear Hawaii and more so outter islands it is not un-common for the local to use cps as a form of harassment.
2015 I became homeless again
To be continued see constitutional rights in the next passage.............
I have a young teen and we have had a hard time with being homeless for some time. I was shocked that after she had called cps on me for not getting her own way I was arrested and with-in 8 hours a NCO for five years was put on me at a hearing that only took five minutes. It has now been six months since I have talked or seen her. I am now on a child abusers list again with no trail. I have only read what has apparently been said to the police and workers which is always changing and my attorney really has not helped me and always tells me to be quiet the only reports the judge sees are theirs. I have no idea what has been said by my daughter, I do know that there are things being reported that are out of character for my daughter. I am told that NCO are very hard to remove. 5 years no-trial? The story gets bigger the longer she is in their custody and more demonizing to me. Her father is very well off and has not until this issue has happened showed any interested and now a court ordered paternity test was done proving he is the father after repeated accusations by him he was not has now said he wants to file for custody. I am very happy for my daughter to know her father, and even live with him but under the right circumstances. He has never helped financially, and has only met her 2 times in her life he has had every opportunity to know her. I fear this is only a decision that is being made because of a child support issue. I love her and I want her to be happy. My daughter can be over dramatic and cps has used her words and mine as well and manipulated them in reports made to the judge.
My grandkids were taken. No founded charges filed. No money means no help.
I'm a cps victim and im still being falsely accused and harrassed by law enforcement behind what cps reports to this day. And my daughter and I continue to battle behind how they raised her to think like. My daughter is very disrespectful, and speaks to me like I'm dirt on the street because the way cps taught her.she also got pregnant under their supervision..and cps tried to say that its genetics cuz I got pregnant at a young age she was destined. I say she got pregnant cuz of the lack of love, caring, and supervision she got. Had she been in my care she would not be the way she is today with me..
I am a victum of CPS over 15 years ago & NOW I am currently trying to find a way to fight them for keeping my nieces with their abusive mother.
Please help save the children who are stolen from their loving families
I called and wrote registered letters to Michael Burgess, and he had NO IDEA OF WHAT I WAS TALKING ABOUT! He referred me to a private attorney.. Learn the Constitution Mr. Burgess. This was a Federal Violation. You are a PUBLIC SERVANT, living off ur hard earned tax dollars and you don't even know your job, or you DON'T CARE
I was approved by social workers and I am refused by courts. Cause Gal attorney said in court he was a foster child and my grandson would be better off with foster family. Judge said I don't think you want him anyway. I am denied. Social worker was so upset about it cause they were for me getting him. Something needs to change. They say best interest nowdays is with out biological families.
CPS seems to go after families who have nice clean houses, and no debt. They would rather be in the suburbs ripping good families apart. They want to be in the nice neighborhood and not the ghetto where the kids need them most. They need to be held accountable, like we are. They must stop destroying good kids. The kids are the future of this country.
CPS has done nothing for my children. With them saying they've been sexually abused, CPS has never made contact with my children, one of the perpetrators, never came to my home, or to my child's school even after the school making a report and every report that's been made by anyone in regards to this has been closed within 48hours of the report being made! My children have no protection from their perpetrators because of this! Something needs to change!!!