Child Protective Services aka CPS, Everything you ever wanted to know. The Good, The bad, and The Ugly.


Federal

U.S. federal laws that govern CPS agencies include:

History

In 1690, in what is now the United States, there were criminal court cases involving child abuse.[1] In 1692, states and municipalities identified care for abused and neglected children as the responsibility of local government and private institutions.[2]In 1696, The Kingdom of England first used the legal principle of parens patriae, which gave the royal crown care of “charities, infants, idiots, and lunatics returned to the chancery.” This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families’ child rearing practices.[3]

In 1825, states enacted laws giving social-welfare agencies the right to remove neglected children from their parents and from the streets. These children were placed in almshouses, in orphanages and with other families. In 1835, the Humane Society founded the National Federation of Child Rescue agencies to investigate child maltreatment. In the late-19th century, private child protection agencies – modeled after existing animal protection organizations – developed to investigate reports of child maltreatment, present cases in court and advocate for child welfare legislation.[4]

In 1853, the Children’s Aid Society was founded in response to the problem of orphaned or abandoned children living in New York.[5] Rather than allow these children to become institutionalized or continue to live on the streets, the children were placed in the first “foster” homes, typically with the intention of helping these families work their farms.[6][7]

In 1874, the first case of child abuse was criminally prosecuted in what has come to be known as the “case of Mary Ellen.” Outrage over this case started an organized effort against child maltreatment[8] In 1909, President Theodore Roosevelt convened the White House Conference on Child Dependency, which created a publicly funded volunteer organization to “establish and publicize standards of child care.”[6] By 1926, 18 states had some version of county child welfare boards whose purpose was to coordinate public and private child related work.[7] Issues of abuse and neglect were addressed in the Social Security Act in 1930, which provided funding for intervention for “neglected and dependent children in danger of becoming delinquent.” [8]

In 1912, the federal Children’s Bureau was established to manage federal child welfare efforts, including services related to child maltreatment. In 1958, amendments to the Social Security Act mandated that states fund child protection efforts.[9] In 1962, professional and media interest in child maltreatment was sparked by the publication of C. Henry Kempe and associates’ “The battered child syndrome” in JAMA. By the mid-1960s, in response to public concern that resulted from this article, 49 U.S. states passed child-abuse reporting laws.[10] In 1974, these efforts by the states culminated in the passage of the federal “Child Abuse Prevention and Treatment Act” (CAPTA; Public Law 93-247) providing federal funding for wide-ranging federal and state child-maltreatment research and services.[11] In 1980, Congress passed the first comprehensive federal child protective services act, the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), which focused on state economic incentives to substantially decrease the length and number of foster care placements.[12]

Partly funded by the federal government, Child Protective Services (CPS) agencies were first established in response to the 1974CAPTA which mandated that all states establish procedures to investigate suspected incidents of child maltreatment.[13]

In the 1940s and 1950s, due to improved technology in diagnostic radiology, the medical profession began to take notice of what they believed to be intentional injuries.[14] In 1961, C. Henry Kempe began to further research this issue, eventually identifying and coining the term battered child syndrome.[14] At this same time, there were also changing views about the role of the child in society, fueled in part by the civil rights movement.[7]

In 1973, Congress took the first steps toward enacting federal legislature to address the issue of child abuse. The Child Abuse Prevention and Treatment Act[15] was passed in 1974, which required states “to prevent, identify and treat child abuse and neglect.”[8]

Shortly thereafter, in 1978, the Indian Child Welfare Act (ICWA) was passed in response to concerns that large numbers of Native American children were being separated from their tribes and placed in foster care.[16] This legislation not only opened the door for consideration of cultural issues while stressing ideas that children should be with their families, leading to the beginnings offamily preservation programs.[17] In 1980, the Adoption Assistance Act[18] was introduced as a way to manage the high numbers of children in placement.[7] Although this legislation addressed some of the complaints from earlier pieces of legislation around ensuring due process for parents, these changes did not alleviate the high numbers of children in placement or continuing delays in permanence.[17] This led to the introduction of the home visitation models, which provided funding to private agencies to provide intensive family preservation services.[7]

In addition to family preservation services, the focus of federal child welfare policy changed to try to address permanence for the large numbers of foster children care.[17] Several pieces of federal legislation attempted to ease the process of adoption including Adoption Assistance Act;[18] the 1988 Child Abuse Prevention, Adoption, and Family Services Act; and the 1992 Child Abuse, Domestic Violence, Adoption, and Family Services Act.[19] The 1994 Multi-Ethnic Placement Act, which was revised in 1996 to add the Interethnic Placement Provisions, also attempted to promote permanency through adoption, creating regulations that adoptions could not be delayed or denied due to issues of race, color, or national origin of the child or the adoptive parent.[20]

All of these policies led up to the 1997 Adoption and Safe Families Act (ASFA), much of which guides current practice. Changes in the Adoptions and Safe Families Act showed an interest in both protecting children’s safety and developing permanency.[20]This law requires counties to provide “reasonable efforts” (treatment) to preserve or reunify families, but also shortened time lines required for permanence, leading to termination of parental rights should these efforts fail.[7][20] ASFA introduced the idea of “concurrent planning” which demonstrated attempts to reunify families as the first plan, but to have a back-up plan so as not to delay permanency for children.[21]

Comparison to other similar systems

United Kingdom

The United Kingdom has a comprehensive child welfare system under which Local Authorities have duties and responsibilities towards children in need in their area. This covers provision of advice and services, accommodation and care of children who become uncared for, and also the capacity to initiate proceedings for the removal of children from their parents care/care proceedings. The criteria for the latter is ‘significant harm’ which covers physical, sexual and emotional abuse and neglect. In appropriate cases the Care Plan before the Court will be for adoption. The Local Authorities also run adoption services both for children put up for adoption voluntarily and those becoming available for adoption through Court proceedings. The basic legal principle in all public and private proceedings concerning children, under the Children Act 1989, is that the welfare of the child is paramount. In recognition of attachment issues, social work good practice requires a minimal number of moves and the 1989 Children Act enshrines the principle that delay is inimical to a child’s welfare. Care proceedings have a time frame of 40 weeks and concurrent planning is required. The final Care Plan put forward by the Local Authority is required to provide a plan for permanence, whether with parents, family members, long-term foster parents or adopters. Nevertheless, ‘drift’ and multiple placements still occur as many older children are difficult to place or maintain in placements. The role of Independent Visitor, a voluntary post, was created in the United Kingdom under the 1989 Children Act to befriend and assist children and young people in care.

In England, Wales and Scotland, there never has been a statutory obligation to report alleged child abuse to the Police. However both the Children Act 1989 and 2004 makes clear a statutory obligation on all professionals to report suspected child abuse.

The statutory guidance Working Together to Safeguard Children 2006 created the role of Local Authority Designated Officer, This officer is responsible for managing allegations of abuse against adults who work with children (Teachers, Social Workers,Church leaders, Youth Workers etc.).

Local Safeguarding Children Boards (LSCB’s) are responsible ensuring agencies and professionals,in their area,effectively safeguard and promote the welfare of children. In the event of the death or serious injury of a child, LSCB’s can initiate a ‘Serious Case Review’ aimed at identifying agency failings and improving future practice.

The planned ContactPoint database, under which information on children is shared between professionals, has been halted by the newly elected coalition government (May 2010). The database was aimed at improving information sharing across agencies. Lack of information sharing had been identified as a failing in numerous high profile child death cases. Critics of the scheme claimed it was evidence of a ‘big brother state’ and too expensive to introduce.

Working Together to Safeguard Children 2006 (updated in 2010) and the subsequent ‘The Protection of Children in England: A Progress Report’ (Laming, 2009) continue to promote the sharing of data between those working with vulnerable children.[22]

A child in suitable cases can be made a ward of court and no decisions about the child or changes in its life can be made without the leave of the High Court.

In England the Murder of Victoria Climbié was largely responsible for various changes in child protection in England, including the formation of the Every Child Matters programme in 2003. A similar programme – Getting it Right for Every Child – GIRFEC was established in Scotland in 2008.

Canada

In Ontario, services are provided by independent Children’s Aid Societies.[23] The societies receive funding from, and are under the supervision of the Ontario Ministry of Children and Youth Services.[24] However, they are regarded as a Non-governmental organization (NGO) which allows the CAS a large degree of autonomy from interference or direction in the day to day running of CAS by the Ministry. The Child and Family Services Review Board exists to investigate complaints against CAS and maintains authority to act against the societies.[25]

Costa Rica

The Patronato Nacional de la Infancia (PANI) is responsible for Child Protection in Costa Rica.[26]

The agency was founded in 1930 by Dr. Luis Felipe Gonzalez Flores, a Costa Rican magnate at the time. It was founded to combat infant mortality, that at the time, was rampant in Costa Rica. The idea was to put infants up for adoption that the mother could not afford to support (abortion is a crime in Costa Rica).[26]

In 1949, after the Costa Rican Civil War, a new constitution was written, it called for the agency to be an autonomous institution in the government, autonomous from any ministry.[26]

Today the focus is on the UN Convention on the Rights of the Child. The agency still favors adoption, since abortion is illegal in Costa Rica.

Effects of early maltreatment on children in child welfare

Children with histories of maltreatment, such as physical and psychological neglect, physical abuse, and sexual abuse, are at risk of developing psychiatric problems.[27][28] Such children are at risk of developing a disorganized attachment.[29][30][31]Disorganized attachment is associated with a number of developmental problems, including dissociative symptoms,[32] as well as depressive, anxiety, and acting-out symptoms.[33][34]

Standards for Reporting

Generally speaking, a report must be made when an individual knows or has reasonable cause to believe or suspect that a child has been subjected to abuse or neglect. These standards guide mandatory reporters in deciding whether to make a report to child protective services.[35]

Persons Responsible for the Child

In addition to defining acts or omissions that constitute child abuse or neglect, several states’ statutes provide specific definitions of persons who can get reported to child protective services as perpetrators of abuse or neglect. These are persons who have some relationship or regular responsibility for the child. This generally includes parents, guardians, foster parents, relatives, or legal guardians. Once taken away from home, the stated goal of CPS is to reunite the child with their family. In some cases, due to the nature of abuse children are not able to see or converse with the abusers. If parents fail to complete Court Ordered terms and conditions, the children in care may never return home.[35]

Child Protective Services Statistics

The United States government’s Administration for Children and Families reported that in 2004 approximately 3.5 million children were involved in investigations of alleged abuse or neglect in the US, while an estimated 872,000 children were determined to have been abused or neglected, and an estimated 1,490 children died that year because of abuse or neglect. In 2007, 1,760 children died as the result of child abuse and neglect.[36] Child abuse impacts the most vulnerable populations, with children under age five years accounting for 76% of fatalities.[37] In 2008, 8.3 children per 1000 were victims of child abuse and neglect and 10.2 children per 1000 were in out of home placement.[38]

On September 30, 2010, there were approximately 400,000 children in foster care in the U.S. of which 36% percent were ages 5 and under. During that same period, almost 120,000 birth to five year-olds entered foster care and a little under 100,000 exited foster care.[39] U.S. Child Protective Services (CPS) received a little over 2.5 million reports of child maltreatment in 2009 of which 61.9% were assigned to an investigation.[40] Research using national data on recidivism indicates that 22% of children were rereported within a 2-year period and that 7% of these rereports were substantiated.[41]

Child Protective Services Recidivism in the United States

In order to understand CPS recidivism in the U.S., there are several terms that readers must familiarize themselves with. Two often-used terms in CPS recidivism are rereport (also known as rereferral) and recurrence. Either of the two can occur after an initial report of child abuse or neglect called an index report. Although the definition of rereport and recurrence is not consistent, the general difference is that a rereport is a subsequent report of child abuse or neglect after an initial report (also known as an index report) whereas recurrence refers to a confirmed (also known as substantiated) rereport after an initial report of child abuse and neglect. Borrowing from the definition used by Pecora et al. (2000),[42] recidivism is defined as, “Recurring child abuse and neglect, the subsequent or repeated maltreatment of a child after identification to public authorities.” It is important to highlight that this definition is not all-inclusive because it does not include abused children who are not reported to authorities.[42]

Recidivism Statistics

There are three main sources of recidivism data in the U.S.—the National Child Abuse and Neglect Data System (NCANDS), the National Survey of Child and Adolescent Well-Being (NSCAW), and the National Incidence Study (NIS)—and they all have their own respective strengths and weaknesses. NCANDS was established in 1974, and it consists of administrative data of all reports of suspected child abuse and neglect investigated by CPS. NSCAW was established in 1996 and is similar to NCANDS in that it only includes reports of child abuse and neglect investigated by CPS, but it adds clinical measures related to child and family well-being that NCANDS is lacking. NIS was established in 1974, and it consists of data collected from CPS as well. However, it attempts to gather a more comprehensive picture of the incidence of child abuse and neglect by collecting data from other reporting sources called community sentinels.[43]

Criticism

Brenda Scott, in her 1994 book Out of Control: Who’s Watching Our Child Protection Agencies, criticizes CPS, stating, “Child Protective Services is out of control. The system, as it operates today, should be scrapped. If children are to be protected in their homes and in the system, radical new guidelines must be adopted. At the core of the problem is the antifamily mindset of CPS. Removal is the first resort, not the last. With insufficient checks and balances, the system that was designed to protect children has become the greatest perpetrator of harm.”[44]

An ongoing case about the Nastić family living in U.S. has received an intervention from the Serbian government. Children were taken away from their parents after their naked photos were found on the father’s computer. Such photos are common in Serbia culture. Furthermore, parents claim that their ethnic and religious rights have been violated – children are not permitted to speak Serbian, nor to meet with their parents for orthodox Christmas. They can meet only mother once a week. Children have suffered psychological traumas due to their separation from parents. Polygraph showed that father did not abuse children. Trial is set for January 26. Psychologists from Serbia stated that few hours of conversation with children are enough to see whether they have been abused. Children were taken from their family 7 months ago. FBI started an investigation against the CPS.[45][46][47]

Senator Nancy Schaefer stated “The National Center on Child Abuse and Neglect in 1998 reported that six times :as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to :suffer abuse, including sexual molestation than in the general population. Think what that number is today ten years later!”

The NCCAN report on “Perpetrators of Maltreatment”provides the following figures
Maltreatment per 100,000 US children CPS Parents
Physical Abuse 160 59
Sexual Abuse 112 13
Neglect 410 241
Medical Neglect 14 12
Fatalities 6.4 1.5

Senator Schaefer also stated

  • “that poor parents very often are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system. Being poor does not mean you are not a good parent or that you do not love your child, or that your child should be removed and placed with strangers;
  • that all parents are capable of making mistakes and that making a mistake does not mean your children are to be removed from the home. Even if the home is not perfect, it is home; and that’s where a child is the safest and where he or she wants to be, with family;
  • that parenting classes, anger management classes, counseling referrals, therapy classes and on and on are demanded of parents with no compassion by the system even while the parents are at work and while their children are separated from them. (some times parents are required to pay for the programs) This can take months or even years and it emotionally devastates both children and parents. Parents are victimized by “the system” that makes a profit for holding children longer and “bonuses” for not returning children to their parents;
  • that caseworkers and social workers are very often guilty of fraud. They withhold and destroy evidence. They fabricate evidence and they seek to terminate parental rights unnecessarily. However, when charges are made against Child Protective Services, the charges are ignored;
  • that the separation of families and the “snatching of children” is growing as a business because local governments have grown accustomed to having these taxpayer dollars to balance their ever-expanding budgets;
  • that Child Protective Services and Juvenile Court can always hide behind a confidentiality clause in order to protect their decisions and keep the funds flowing. There should be open records and “court watches”! Look who is being paid!

There are state employees, lawyers, court investigators, guardian ad litems, court personnel, and judges. There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and on and on. All are looking to the children in state custody to provide job security. Parents do not realize that the social workers are the glue that hold “the system” together that funds the court, funds the court appointed attorneys, and the multiple other jobs including the “system’s” psychiatrists, therapists, their own attorneys and others.

  • that The Adoption and the Safe Families Act, set in motion first in 1974 by Walter Mondale and later in 1997 by President Bill Clinton, offered cash “bonuses” to the states for every child they adopted out of foster care. In order to receive the “adoption incentive bonuses” local child protective services need more children. They must have merchandise (children) that sells and you must have plenty so the buyer can choose. Some counties are known to give a $4,000 to $6,000 bonus for each child adopted out to strangers and an additional $2,000 for a “special needs” child. Employees work to keep the federal dollars flowing;
  • State Departments of Human Resources (DHR) and affiliates are given a baseline number of expected adoptions based on population. For every child DHR and CPS can get adopted, there is the bonus of $4,000 or maybe $6,000. But that is only the beginning figure in the formula in which each bonus is multiplied by the percentage that the State has managed to exceed its baseline adoption number. Therefore States and local communities work hard to reach their goals for increased numbers of adoptions for children in foster care.
  • that there is double dipping. The funding continues as long as the child is out of the home. There is funding for foster care then when a child is placed with a new family, then “adoption bonus funds” are available. When a child is placed in a mental health facility and is on 16 drugs per day, like two children of a constituent of mine, more funds are involved and so is Medicaid;
  • As you can see this program is ordered from the very top and run by Health and Human Resources. This is why victims of CPS get no help from their legislators. It explains why my bill, SB 415 suffered such defeat in the Judicial Committee, why I was cut off at every juncture. Legislators and Governors must remember who funds their paychecks.
  • that there are no financial resources and no real drive to unite a family and help keep them together or provide effective care;
  • that the incentive for social workers to return children to their parents quickly after taking them has disappeared and who in protective services will step up to the plate and say, “This must end! No one, because they are all in the system together and a system with no leader and no clear policies will always fail the children. Just look at the waste in government that is forced upon the tax payer;
  • that the “Policy Manuel” is considered “the last word” for CPS/DFCS. However, it is too long, too confusing, poorly written and does not take the law into consideration;
  • that if the lives of children were improved by removing them from their homes, there might be a greater need for protective services, but today children are not safer. Children, of whom I am aware, have been raped and impregnated in foster care;
  • It is a known fact that children are in much more danger in foster care than they are in their own home even though home may not be perfect.
  • that some parents are even told if they want to see their children or grandchildren, they must divorce their spouse. Many, who are under privileged, feeling they have no option, will divorce and then just continue to live together. This is an anti-family policy, but parents will do anything to get their children home with them. However, when the parents cooperate with Child Protective Services, their behavior is interpreted as guilt when nothing could be further from the truth.
  • Fathers, (non-custodial parents) I must add, are often treated as criminals without access to visit or even see their own children and have child support payments strangling the very life out of them;
  • that the Foster Parents Bill of Rights does not stress that a foster parent is there temporarily to care for a child until the child can be returned home. Many foster parents today use the Foster Parent Bill of Rights as a means to hire a lawyer and seek to adopt the child placed in their care from the real parents, who are desperately trying to get their child home and out of the system. Recently in Atlanta, a young couple learning to be new parents and loving it, were told that because of an anonymous complaint, their daughter would be taken into custody by the State DFCS. The couple was devastated and then was required by DFCS to take parenting classes, alcohol counseling and psychological evaluations if they wanted to get their child back. All of the courses cost money for which most parents are required to pay. While in their anxiety and turmoil to get their child home, the baby was left for hours in a car to die in the heat in her car seat by a foster parent who forgot about the child. This should never have happened. It is tragic. In many cases after the parents have jumped through all the hoops, they still do not get their child. As long as the child is not returned, there is money for the agency, for foster parents, for adoptive parents, and for the State.
  • that tax dollars are being used to keep this gigantic system afloat, yet the victims, parents, grandparents, guardians and especially the children, are charged for the system’s services.
  • that grandparents have called from all over the State of Georgia and from other states trying to get custody of their grandchildren. CPS claims relatives are contacted, but there are many many cases that prove differently. Grandparents who lose their grandchildren to strangers have lost their own flesh and blood. The children lose their family heritage and grandparents, and parents too, lose all connections to their heirs.
  • that The National Center on Child Abuse and Neglect in 1998 reported that six times as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to suffer abuse, including sexual molestation than in the general population. Think what that number is today ten years later!
  • That according to the California Little Hoover Commission Report in 2003, 30% to 70% of the children in California group homes do not belong there and should not have been removed from their homes.” [48]

Texas

The Texas Department of Family and Protective Services had itself been an object of reports of unusual numbers of poisonings, death, rapes and pregnancies of children under its care since 2004. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children of 2004.

Texas Child Protective Services was hit with a rare if not unprecedented legal sanction for a “groundless cause of action” and ordered to pay $32,000 of the Spring family’s attorney fees. Judge Schneider wrote in a 13-page order, “The offensive conduct by (CPS) has significantly interfered with the legitimate exercise of the traditional core functions of this court.”[49]

2008 Raid of YFZ Ranch

Main article: YFZ Ranch

In April 2008, the largest child protection action in American history raised questions as the CPS in Texas removed hundreds of minor children, infants, and women incorrectly believed to be children from the YFZ Ranch polygamist community, with the assistance of heavily armed police with an armored personnel carrier. Investigators, including supervisor Angie Voss convinced a judge that all of the children were at risk of child abuse because they were all being groomed for under-age marriage. The state supreme court disagreed, releasing most children back to their families. Investigations would result in criminal charges against some men in the community.

Gene Grounds of Victim Relief Ministries commended CPS workers in the Texas operation as exhibiting compassion, professionalism and caring concern.[50] However, CPS performance was questioned by workers from the Hill Country Community Mental Health-Mental Retardation Center. One wrote “I have never seen women and children treated this poorly, not to mention their civil rights being disregarded in this manner” after assisting at the emergency shelter. Others who were previously forbidden to discuss conditions working with CPS later produced unsigned written reports expressed anger at the CPS traumatizing the children, and disregarding rights of mothers who appeared to be good parents of healthy, well-behaved children. CPS threatened some MHMR workers with arrest, and the entire mental health support was dismissed the second week due to being “too compassionate.” Workers believed poor sanitary conditions at the shelter allowed respiratory infections and chicken pox to spread.[51]

CPS problem reports

The Texas Department of Family and Protective Services, as with other states, had itself been an object of reports of unusual numbers of poisonings, death, rapes and pregnancies of children under its care since 2004. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children[52] of 2004. Texas Comptroller Carole Keeton Strayhorn made a statement in 2006 about the Texas foster care system.[53] In Fiscal 2003, 2004 and 2005, respectively 30, 38 and 48 foster children died in the state’s care. The number of foster children in the state’s care increased 24 percent to 32,474 in Fiscal 2005, while the number of deaths increased 60 percent. Compared to the general population, a child is four times more likely to die in the Texas foster care system. In 2004, about 100 children were treated for poisoning from medications; 63 were treated for rape that occurred while under state care including four-year old twin boys, and 142 children gave birth, though others believe Ms. Strayhorn’s report was not scientifically researched, and that major reforms need to be put in place to assure that children in the conservatorship of the state get as much attention as those at risk in their homes.

Disproportionality & Disparity in the Child Welfare System

In the United States, data suggests that a disproportionate number of minority children, particularly African American and Native American children, enter the foster care system.[54] National data in the United States provides evidence that disproportionality may vary throughout the course of a child’s involvement with the child welfare system. Differing rates of disproportionality are seen at key decision points including the reporting of abuse, substantiation of abuse, and placement into foster care.[55] Additionally, once they enter foster care, research suggests that they are likely to remain in care longer.[56] Research has shown that there is no difference in the rate of abuse and neglect among minority populations when compared to Caucasian children that would account for the disparity.[57] The Juvenile Justice system has also been challenged by disproportionate negative contact of minority children.[58] Because of the overlap in these systems, it is likely that this phenomenon within multiple systems may be related.

Constitutional issues

In May 2007, the United States 9th Circuit Court of Appeals found in Rogers v. County of San Joaquin, No. 05-16071[59] that a CPS social worker who removed children from their natural parents into foster care without obtaining judicial authorization was acting without due process and without exigency (emergency conditions) violated the 14th Amendment and Title 42 United State Code Section 1983. The Fourteenth Amendment to the United States Constitution says that a state may not make a law that abridges “… the privileges or immunities of citizens of the United States” and no state may “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Title 42 United States Code Section 1983[60] states that citizens can sue in federal courts any person who acting under a color of law to deprive the citizens of their civil rights under the pretext of a regulation of a state, See.[61]

In case of Santosky v. Kramer, 455 US 745, Supreme Court reviewed a case when Department of Social Services removed two younger children from their natural parents only because the parents had been previously found negligent toward their oldest daughter.[62] When the third child was only three days old, DSS transferred him to a foster home on the ground that immediate removal was necessary to avoid imminent danger to his life or health. The Supreme Court vacated previous judgment and stated: “Before a State may sever completely and irrevocably the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence. But until the State proves parental unfitness, the child and his parents share a vital interest in preventing erroneous termination of their natural relationship”.[62]

A District of Columbia Court of Appeals concluded that the lower trial court erred in rejecting the relative custodial arrangement selected by the natural mother who tried to preserve her relationship with the child.[63] The previous judgment granting the foster mother’s adoption petition was reversed, the case remanded to the trial court to vacate the orders granting adoption and denying custody, and to enter an order granting custody to the child’s relative.[63]

Notable lawsuits

In 2010 an ex-foster child was awarded $30 million by jury trial in California (Santa Clara County) for sexual abuse damages that happened to him in foster home from 1995 to 1999.[64][65] The foster parent, John Jackson, was licensed by state despite the fact that he abused his own wife and son, overdosed on drugs and was arrested for drunken driving. In 2006, Jackson was convicted in Santa Clara County of nine counts of lewd or lascivious acts on a child by force, violence, duress, menace and fear and seven counts of lewd or lascivious acts on a child under 14, according to the Santa Clara County District Attorney’s Office.[64] The sex acts he forced the children in his foster care to perform sent him to prison for 220 years. Later in 2010, Giarretto Institute, the private foster family agency responsible for licensing and monitoring Jackson’s foster home and others, also was found to be negligent and liable for 75 percent of the abuse that was inflicted on the victim, and Jackson was liable for the rest.[64]

In 2009 Oregon Department of Human Services has agreed to pay $2 million into a fund for the future care of twins who were allegedly abused by their foster parents; it was the largest such settlement in the agency’s history.[66] According to the civil rightssuit filed on request of twins’ adoptive mother in December 2007 in U.S. Federal Court, kids were kept in makeshift cages—cribs covered with chicken wire secured by duct tape—in a darkened bedroom known as “the dungeon.” The brother and sister often went without food, water or human touch. The boy, who had a shunt put into his head at birth to drain fluid, didn’t receive medical attention, so when police rescued the twins he was nearly comatose. The same foster family previously took in their care hundreds of other children over nearly four decades.[67] DHS said the foster parents deceived child welfare workers during the checkup visits.[66]

Several lawsuits were brought in 2008 against the Florida Department of Children & Families (DCF), accusing it of mishandling reports that Thomas Ferrara, 79, a foster parent, was molesting girls.[68][69] The suits claimed that though there were records of sexual misconduct allegations against Ferrara in 1992, 1996, and 1999, the DCF continued to place foster children with Ferrara and his then-wife until 2000.[68] Ferrara was arrested in 2001 after a 9-year-old girl told detectives he regularly molested her over two years and threatened to hurt her mother if she told anyone. Records show that Ferrara had as many as 400 children go through his home during his 16 years as a licensed foster parent from 1984 to 2000.[68] Officials stated that the lawsuits over Ferrara end up costing the DCF almost $2.26 million.[69] Similarly, in 2007 Florida‘s DCF paid $1.2 million to settle a lawsuit that alleged DCF ignored complaints that another mentally challenged Immokalee girl was being raped by her foster father, Bonifacio Velazquez, until the 15-year-old gave birth to a child.[70][71][72]

In a class action lawsuit Charlie and Nadine H. v. McGreevey[73] was filed in federal court by “Children’s Rights” New York organization on behalf of children in the custody of the New Jersey Division of Youth and Family Services (DYFS).[74][75] The complaint alleged violations of the children’s constitutional rights and their rights under Title IV-E of the Social Security Act, theChild Abuse Prevention and Treatment Act, Early Periodic Screening Diagnosis and Treatment, 504 of the Rehabilitation Act, theAmericans with Disabilities Act, and the Multiethnic Placement Act (MEPA).[76] In July 2002, the federal court granted plaintiffs’ experts access to 500 children’s case files, allowing plaintiffs to collect information concerning harm to children in foster care through a case record review.[74] These files revealed numerous cases in which foster children were abused, and DYFS failed to take proper action. On June 9, 2004, the child welfare panel appointed by the parties approved the NJ State’s Reform Plan. The court accepted the plan on June 17, 2004.[75] The same organization filed similar lawsuits against other states in recent years that caused some of the states to start child welfare reforms.[77]

In 2007 Deanna Fogarty-Hardwick obtained a jury verdict against Orange County (California) and two of its social workers for violating her Fourteenth Amendment rights to familial association.[78] The $4.9 million verdict grew to a $9.5 million judgment as the County lost each of its successive appeals.[78] The case finally ended in 2011 when the United States Supreme Court denied Orange County’s request to overturn the verdict.[79]

California

In April 2013, Child Protective Services in Sacramento sent in police to forcibly remove a 5-month-old baby from the care of parents.

Alex and Anna Nikolayev took their baby Sammy out of Sutter Memorial Hospital and sought a second opinion at Kaiser Permanente, a competing hospital, for Sammy’s flu-like symptoms.[80] Police arrived at Kaiser and questioned the couple and doctors. Once Sammy had been fully cleared to leave the hospital, the couple went home, but the following day police arrived and took Sammy. On June 25, 2013 the case against the family was dismissed adn the family filed a lawsuit against CPS and the Sacramento Police Department.[81]

Effectiveness

In a nationwide study, researchers examined children in 595 families over a period of 9 years. They discovered that in the households where child abuse was substantiated by evidence, risk factors remained unchanged during interviews with the families.[82]

See also

Similar organizations in other countries

References

  1. Pecora et al. (1992), p. 231.
  2. Ibid., pp. 230-1.
  3. Ibid., p. 230.
  4. Pecora et al. (1992), pp. 230-31; Petr (1998), p. 126.
  5. Children’s Aid Society. “History”.
  6. Axinn, June; Levin,Herman (1997). Social Welfare: a history of the American response to need (4th ed.). White Plains, New York: Longman. ISBN 9780801317002.
  7. Ellett, Alberta J.; Leighninger, Leslie (10 August 2006). “What Happened? An historical perspective of the de-professionalization of child welfare practice with implications for policy and practice”. Journal of Public Child Welfare 1 (1): 3–34.doi:10.1300/J479v01n01_02.
  8. Crosson-Tower, Cynthia (1999). Understanding child abuse and neglect (4th ed.). Boston: Allyn and Bacon.ISBN 9780205287802.
  9. Laird & Michael (2006).
  10. Pecora et al. (1992), p. 232; Petr (1998), p. 126.
  11. Pecora et al. (1992), pp. 232-3; Petr (1998), pp. 126-7.
  12. “Child Protective Services – HISTORICAL OVERVIEW, CURRENT SYSTEM”.
  13. “Reporting Child Abuse – Child Protective Services”.
  14. Antler, S (1978). “Child Abuse: An emerging social priority”. Social Work 23: 58–61.
  15. Administration for Children & Families. “Child Abuse Prevention and Treatment Act (CAPTA) of 1974 P.L. 93-247”. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  16. Limb, GE; Chance, T; Brown, EF (December 2004). “An empirical examination of the Indian Child Welfare Act and its impact on cultural and familial preservation for American Indian children”. Child Abuse & Neglect 28 (12): 1279–89.doi:10.1016/j.chiabu.2004.06.012. PMID 15607770.
  17. Mitchell, LB; Barth, RP; Green, R; Wall, A; Biemer, P; Berrick, JD; Webb, MB (Jan–Feb 2005). “Child welfare reform in the United States: findings from a local agency survey.”. Child Welfare 84 (1): 5–24. PMID 15717771.
  18. Administration for Children & Families. “Adoption Assistance and Child Welfare Act of 1980 P.L. 96-272”. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  19. Administration for Children & Families (2011). “Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption”. Child Welfare Information Gateway. U.S. Department of Health & Human Services.
  20. Lincroft, Y.; Resher, J. (2006). “Undercounted and Underserved: Immigrant and refugee families in the child welfare system”. Baltimore, MD: The Annie E. Casey Foundation.
  21. Mitchell, Lorelei B.; Barth, Richard P.; Green, Rebecca; Wall, Ariana; Biemer, Paul; Berrick, Jill Duerr; Webb, Mary Bruce. “Child Welfare Reform in the United States: Findings from a Local Agency Survey”. Child Welfare 84 (1): 5–24 [20]. ISSN 0009-4021.
  22. DCSF.gov.uk
  23. “About Ontario’s children’s aid societies”. Ontario Ministry of Children and Youth Services. Retrieved 19 April 2011.
  24. “Child and Family Services Act, R.S.O. 1990, c. C.11”. E-laws.gov.on.ca. Retrieved 2013-11-15.
  25. “Complaints Against a Children’s Aid Society”. Child and Family Services Review Board. Retrieved 17 April 2011.
  26. http://www.pani.go.cr
  27. Gauthier, L., Stollak, G., Messe, L., & Arnoff, J. (1996). Recall of childhood neglect and physical abuse as differential predictors of current psychological functioning. Child Abuse and Neglect 20, 549-559
  28. Malinosky-Rummell, R. & Hansen, D.J. (1993) Long term consequences of childhood physical abuse. Psychological Bulletin114, 68-69
  29. Lyons-Ruth K. & Jacobvitz, D. (1999) Attachment disorganization: unresolved loss, relational violence and lapses in behavioral and attentional strategies. In J. Cassidy & P. Shaver (Eds.) Handbook of Attachment. (pp. 520-554). NY: Guilford Press
  30. Solomon, J. & George, C. (Eds.) (1999). Attachment Disorganization. NY: Guilford Press
  31. Main, M. & Hesse, E. (1990) Parents’ Unresolved Traumatic Experiences are related to infant disorganized attachment status. In M. T. Greenberg, D. Ciccehetti, & E. M. Cummings (Eds), Attachment in the Preschool Years: Theory, Research, and Intervention (pp161-184). Chicago: University of Chicago Press
  32. Carlson, E. A. (1988). A prospective longitudinal study of disorganized/disoriented attachment. Child Development 69, 1107-1128
  33. Lyons-Ruth, K. (1996). Attachment relationships among children with aggressive behavior problems: The role of disorganized early attachment patterns. Journal of Consulting and Clinical Psychology 64, 64-73
  34. Lyons-Ruth, K., Alpern, L., & Repacholi, B. (1993). Disorganized infant attachment classification and maternal psychosocial problems as predictors of hostile-aggressive behavior in the preschool classroom. Child Development 64, 572-585
  35. “Definitions of Child Abuse and Neglect”. Childwelfare.gov. Retrieved 2010-08-21.
  36. Prevent Child Abuse New York. “2007 Child Abuse and Neglect Fact Sheet”.
  37. American Humane Association. “Emotional Abuse”. Stop Child Abuse.
  38. “Kids Count Data Center”. The Annie E. Casey Foundation.[citation not found]
  39. “The AFCARS Report Preliminary FY 2010 Estimates as of June 2011”. http://www.acf.hhs.gov. Retrieved 2011-10-06.
  40. “Child Maltreatment 2009”. http://www.acf.hhs.gov. Retrieved 2011-10-06.
  41. Fluke, J. D.; Shusterman, G. R., Hollinshead, D. M., & Yuan, Y.-Y. (2008). “Longitudinal analysis of repeated child abuse reporting and victimization: multistate analysis of associated factors”. Child Maltreatment: 76–88.
  42. Pecora, P. J., Whittaker, J., Maluccio, A., & Barth, R. (2000). The child welfare challenge: Policy, practice, and research. Aldine de Gruyter.
  43. Wulczyn, F. (2009). “Epidemiological Perspectives on Maltreatment Prevention”. The Future of Children: 39–66.
  44. Scott, Brenda (1994) Out of Control: Who’s Watching Our Child Protection Agencies? p. 179
  45. “United States: Serbian Couple Struggles to Get Children Back · Global Voices”. Globalvoicesonline.org. 2011-01-04. Retrieved 2013-11-15.
  46. “News – U.S.: Serbian couple fights to get children back”. B92. Retrieved 2013-11-15.
  47. “Press Online :: Press Green”. Pressonline.rs. Retrieved 2013-11-15.
  48. “The Corrupt Business of Child Protective Services – report by Senator Nancy Schaefer, September 25, 2008”.
  49. State agency hit with rare sanction for taking custody of Spring infants
  50. KVUE.com, Richardson group: Polygamists’ children are OK April 18, 2008 by Janet St. James / WFAA-TV
  51. Crotea, Roger (10 May 2008). “Mental health workers rip CPS over sect”. San Antonio Express-news .
  52. Window.state.tx.us
  53. Comptroller Strayhorn Statement On Foster Care Abuse June 23, 2006
  54. Hill R.B. (2004) Institutional racism in child welfare. In J. Everett, S. Chipungu & B. Leashore (Eds.) Child welfare revisited (pp. 57-76). New Brunswick, NJ: Rutgers University Press.
  55. Hill, R. B (2006) Synthesis of research on disproportionality in child welfare: An update. Casey-CSSP Alliance for Racial Equity in Child Welfare.
  56. Wulczyn, F. Lery, B., Haight, J., (2006) Entry and Exit Disparities in the Tennessee Foster Care System. Chapin Hall Discussion Paper.
  57. National Incidence Study (NIS), U.S. Department of Health & Human Services, Administration for Children & Families, (1996)
  58. Pope, C.E. & Feyerherm, W. (1995) Minorities and the Juvenile Justice System Research Symmary. Washington, DC: Office of Juvenile Justice and Delinquency Prevention
  59. Rogers v. County of San Joaquin, No. 05-16071
  60. Title 42 United States Code Section 1983
  61. “Civil Rights Complaint Guide”.
  62. “Santosky v. Kramer, 455 US 745 – Supreme Court 1982”.
  63. “In re TJ, 666 A. 2d 1 – DC: Court of Appeals 1995”.
  64. “South Bay sex-abuse lawsuit: Ex-foster child awarded $30 million”.
  65. “Estey & Bomberger announces Jury Awards $30 Million in San Jose Molestation Case”.
  66. “Gresham foster kids abused despite DHS checks”. The Oregonian. 2009-04-04.
  67. “Abuse in children’s foster care: State officials call for outside review”. The Oregonian. 2009-09-02.
  68. “Florida Foster Care Child Molestation”.
  69. “Foster parent, 79, accused of molesting girls in his care”.
  70. “Child of rape now 9, yet DCF settlement held up”.
  71. “Florida Committee Substitute for Senate Bill No. 60”.
  72. “Florida Senate – 2010”.
  73. Charlie and Nadine H. v. McGreevey
  74. “New Jersey (Charlie and Nadine H. v. Corzine)”.
  75. “Charlie and Nadine H. v. Corzine”.
  76. “Legal Documents (Charlie and Nadine H. v. Corzine)”.
  77. “Results of Reform”.
  78. “Order Granting Fees Incurred on Appeal”.
  79. “U.S. Supreme Court Denies Orange County’s (California) Request”.
  80. “News10 – Couple still unclear why CPS took their baby”.
  81. http://archive.news10.net/news/local/article/248770/476/CPS-case-against-Nikolayev-family-dismissed
  82. Bakalar, Nicholas (2010-10-11). “Doubts Rise Over Child Protective Service Inquiries”. The New York Times.

Notes

  • Drake, B. & Jonson-Reid, M. (2007). A response to Melton based on the Best Available Data. Published in: Child Abuse & Neglect, Volume 31, Issue 4, April 2007, Pages 343-360.
  • Laird, David and Jennifer Michael (2006). “Budgeting Child Welfare: How will millions cut from the federal budget affect the child welfare system?” Published in: Child Welfare League of America, Children’s Voice, Vol. 15, No. 4 (July/August 2006). Available on-line at: http://www.cwla.org/voice/0607budgeting.htm.
  • Pecora, Peter J., James K. Whittaker, Anthony N. Maluccio, with Richard P. Barth and Robert D. Plotnick (1992). The Child Welfare Challenge: Policy, Practice, and Research. NY:Aldine de Gruyter. ISBN .
  • Petr, Christopher G. (1998). Social Work with Children and their Families: Pragmatic Foundations. NY:Oxford University Press. ISBN 0-19-510607-5.
  • Scott, Brenda (1994), “Out of Control. Who’s Watching Our Child Protection Agencies?”. Huntington House Publishers. ISBN paper. ISBN hardback.

External links

A judge explains how in the US you will never see justice in court.


CPS (Judge) Looks out for kids and turns whistleblower about the CPS courts.


Child Protective Services ex-employee turned whistleblower speaks out about CPS stealing children for budgets.


CPS whistleblower tells it all how CPS is a terrorist group stealing children. This video tells it like it is.

Testimony CPS will not want you to see. CPS doesn’t have your childs best interest. Only you do.


CPS WORKERS ARE DELUSIONAL: Interview With A Former CPS Worker


A resourceful and assertive donnellyjustice.me reader who goes by the handle, Mad Angel, recently had an opportunity to ask a former CPS caseworker some questions. Mad Angel asked members of Facebook to let her know if there were any questions that they wanted answers for. Here are the questions and answers that this brave individual gave HOWEVER, her answers give a clue as to how oblivious the workers really are to what is really going on. These answers are based on WHAT THE WORKER EXPERIENCED, WHAT THEY LEARNED IN “TRAINING” AND WERE LITERALLY TOLD TO BELIEVE AND TO THINK.

                                                                                                                      

dependency court

[Copied from Facebook with my own remarks which are between the two lines]

Here are the responses from the caseworker as promised.

1. I understand caseworkers get paid a salary, they get benefit packages…..So when a cps worker has done what they call an excellent job and removing more kids to safety or having more kids adopted out , than do they individually receive actual adjusted bonuses for what they call outstanding work?

ANSWER: Contrary to popular belief, there are no direct bonuses. However, the agency/state does not receive as much federal money for kids not in care and there are adoption federal funds received by the state agency.

                                                                                                                     

*****NOTE: My husband used to be a drinking buddy of a now retired CPS Supervisor and she received “Christmas” bonuses and the amount was unofficially based on the number of children her department “saved”. **************************

                                                                                                                    

2. Who really makes the decision to remove the child, the CPS worker or their supervisor/manager?

ANSWER: Ultimately, the decision belongs to the Supervisor, however, I have seen Supervisors bend over backwards to “help” the caseworker come to the conclusion that removal is necessary….or, at least, “in the child’s best interest.” Remember, we are taught to “err on the side of the child.”

3. Why does cps use past allegation from closed cases as removal purposes?

Usually only past “substantiated” referrals are given much weight. They can indicate whether a living situation is chronic as opposed to perhaps a one-time occurrence.

4. Why do they refuse to offer any real services to keep the family together in minor neglect cases? Is there no benefits or extra incentives to help in force the caseworkers want to keep the family unit together?

ANSWER: The agency is limited to the services available within a given community (i.e. lowest bidder, and you get what you pay for, but quality of services was never at the top of my list of concerns). INCENTIVES TO KEEP FAMILIES TOGETHER is at the very crux of the CPS issue. This was the entire point of the new policy that was implemented, but not followed, which prompted me to speak out against the agency “not following its own rules,” and for which I was eventually fired.

                                                                                                                       

*****NOTE: Same goes for everyone involved in the “court” facade. They use the rules against the parents but can break them all if they want to. Why BECAUSE THE JUDGE LETS THEM!!! THEY ARE NEVER HELD ACCOUNTABLE!!***********

                                                                                                                       

5. Why would they only take 1 child from the home & leave older & younger full siblings with accused neglectful parent?

ANSWER: Each child’s vulnerability is assessed individually. It is extremely unusual to leave a younger (i.e. more vulnerable) child in a home from which older children were removed. Older children are frequently left because they are capable of self-defense (or so the reasoning goes).

                                                                                                                    

**NOTE: I have never heard of any cases where one child was removed yet allowed the others to stay unless the others were not at home or school at the time of the initial removal but eventually CPS takes all full blood related children (i.e. no half-siblings) Half-siblings are often not included in the removal or the case but this, in my case, was due to the fact that it was the vindictive mother of the half sibling who made the “anonymous” call and because the half-sibling’s grandmother was a 35 year CPS veteran employee. *******************************************************

                                                                                                                    

6. Does he state also receive extra funding for children with disabilities?

ANSWER: Yes

7. We know abusive people can be very deceitful, yet there seems to be a growing trend of the abusive parent getting custody of the children in many cases (and what has caused a lot of the incidents of death/murder in many cases) doesn’t cps have training into noticing the trends of an abusive parent?

ANSWER: In short, yes. But the training is mostly concerned with protecting the agency from bad press. What I witnessed most frequently was removal of the child(ren) from one parent due to substantiated abuse and placement with the other parent for the simple reason that we have no allegations of abuse against them because we don’t know them.

                                                                                                                     

***NOTE: Well, how about at least looking into why the Family Law Judge (whose decisions are considered to be fair and reasonable by everyone else but CPS apparently) made the decision to grant physical custody to the decent parent they are taking the child away from???!! At least they could find out that much!!! MESSAGE TO CPS WORKERS AND YOU COURT COHORTS THAT ALLOW THIS TO HAPPEN: Family Law Judges know what they are doing (at least half the time) and have a GOOD REASON to order one parent have only supervised visits, why not just go with those orders until you can bring the case to court?                                                  

8. I realize that a timid parent who doesn’t aggressively stop another abusive parent is in essence just as guilty as the abusive parent, yet why is it that cps standards seem to be shifting to allow the abusive parent custody first and foremost.

ANSWER: Please see the above answer and, remember, CPS is not a “custody” agency. This is a difficult concept because, while CPS can remove children and place children either in foster care or with the “non-offending” parent, CPS does not establish custody. That is done by a judge in the Domestic Relations Court. Interestingly, because there is no legal custody for most children, either parent has the same rights to the child and therefore CPS cannot keep the child from the parent on whom we have no indication of abuse because we don’t know them.

9. Why wouldn’t services be offered to keep emotionally disabled child with her family? Why send her back home only when she began having uncontrollable seizures? Liability???

ANSWER: Yeah, CPS definitely sometimes “cuts their losses.” Like for a habitual “runner” or dangerous child. Usually these cases involve out-of-control teenagers.

10. Do you know anything about the bribes offered to the judges and jurors? If so, have you ever actually witnessed such acts?

I honestly have no knowledge of a judge receiving a bribe and I’ve never worked on a case with a jury.

                                                                                                                     

**NOTE: In Riverside County, CA the County places an advertisement looking for a “Judge” to fill the seat in Juvenile Court Dependency Court. This court is exclusive to CPS, everyone is paid out of the same funding that CPS workers are paid, meanwhile still receiving their regular seat pay as they have only taken an administrative leave or something. They are already being “bribed” just by accepting their paychecks from the same county who is against the people whose children are being removed or the “defendants.. How do they get away with such a conflict of interest??*****************

                                                                                                                      

11. It seems like the whole court and all the membiers inside during a child welfare case are all old buddies, is it true that sometimes before a hearing the lawyers may negotiate on whether or not to win or lose the case for each other. (I’ve overheard this one, “come on last time you were ruthless and I know that guy was guilty you have to let me win this one I haven’t gotten a winning case this week”

ANSWER: I think it is a bit of an “old-boys-network” (although it is mostly women). That said, I honestly think that most caseworkers, lawyers, judges…honestly believe they are doing what is in the best interest of the children. They are simply not terribly well-read when it comes to family-dynamics and child-development. The biggest problems with CPS are ignorance and megalomania.

12. Can you please explain how the agency benefits from the title IV funding?

ANSWER: If a child is IV-E eligible (which, for our purposes here, essentially means the child would qualify for TANF…i.e.poor families), the state gets federal funding for the child. This represents the VAST MAJORITY of CPS children.

13. We see over and over in the news how cps had plenty of opportunity to remove a child, yet they don’t. Most of the time the public only gets to see the cases that go completely wrong ie child dies. Why is a child left in an abusive situation during an active investigation?

ANSWER: It’s all about timing or disclosure. Either a child must disclose that they are being abused or CPS must catch the parents in the immediate aftermath of abuse or during neglect.

14. How do you find the “prisons” set up by CPS that imprison children? Children that most likely were taken from NON-abusive homes and families.

ANSWER: Honestly, foster homes are thoroughly vetted and I consider most of them saints. They are put under more scrutiny than even families being investigated. That said, if you are a bad person, the tightest scrutiny can be circumvented for long periods of time with lies and deception.

15. Why are some children put in Foster care, and the immediate family members are not contacted?

ANSWER: CPS is required by federal law to “diligently search” for family with whom the child can be placed. Of course, laws only work if they are enforced and this is among the top-5 problems with “the system:” no enforcement.

16. What process do they use to find family members of the child?

ANSWER: There is a systematic protocol, but, essentially, either the parent or child must provide contact information for expedient location of suitable relatives.

17. Did you ever have civil rights training?

ANSWER: Civil rights training is often received, but rarely enforced. My biggest concern was always constitutional rights (see 4th, 6th and 14th amendments) which are never taught or enforced.

18. What were the motivations of the job?

ANSWER: I can really only speak for myself, but my motivations were simple, help children while maintaining the sanctity of family. Considered more valued than these within the agency are agency-protection, enforcement and megalomania, which is why I’m unemployed.

19. What kind of mandatory training did you have?

ANSWER: TONS!!! of mandatory training, little of which translated to practice for anyone else.

20. What can parents do to keep caseworkers honest?

ANSWER: Nothing, but being obsequious and obedient is what I have seen help families even with corrupt and/or monomaniacal workers.

21. Did you ever know of a whistle-blower? What happened?

ANSWER: I was a whistle-blower. We get targeted and are eventually fired and no one cares. The bureaucratic behemoth lives on to devour more families and children.

22. What corruption have you seen yourself, and are you willing to present this information to the public?

ANSWER: One of my favorite examples of corruption was when I worked in the freeing-children-for-adoption unit where we read “home studies” on prospective adoptive families and one of my co-workers said she immediately checks to see if a family is religious and if they are she won’t even consider them as a potential placement. A clear violation of civil rights. Unfortunately most corruption in CPS is much more subtle and can be effectively couched in “best interest of child” and “err on side of child” language. It’s all gray area therefore there is no wrong way of doing things. This is why, I am convinced CPS will never experience wholesale improvement. Society NEEDS a perceived protector for its most vulnerable and a visible scapegoat when things go horribly wrong.

I HAVE already gone public with all of this. I got fired. No one cares.

23. We’re you ever trained to do the wrong thing?

ANSWER: I think I made it abundantly clear to my superiors from “go” that I would not be a blindly obedient Nazi. I was eventually fired precisely because I would not do the wrong thing.

24. When they figure out that they made the wrong decision. Like placing the children with the abusive parent, why don’t they fix it?

ANSWER: The next time I witness the agency admitting a mistake it will be the first time.

Ex-Social Worker SPEAKS OUT Confirms What We’ve Been Crying Out About!


This is a great video. Thank goodness for this man who is brave enough to tell the truth. MORE of you should speak up. But then again, you actually ENJOY HURTING CHILDREN, DON’T YOU?

Ex-Social Worker SPEAKS OUT Confirms What We’ve Been Crying Out About!


Social Workers interviewed for a book report by kids, DAMAGING


EVEN THE KIDS KNOW ABOUT CPS

CPS caught forcing a social worker who turned whistleblower to place children in a child molester’s home so CPS could get funding for helping children.


You better protect your children with life and limb these people do not care how they hurt children.

Reporter exposes CPS for taking orders for children to be removed from a good home without any abuse being committed.


This corruption is not even hidden. If you could do a child a favor and just show this video to parents. EVERYONE MUST KNOW WHAT IS GOING ON WITH OUR

A reporters moral struggle over Child Protective Services


I read a story of the couple whose two young children were removed from them because social workers thought their son’s bone fractures must have been caused by physical abuse. 

Only after a nightmarish 18-month ordeal, which drove the couple apart, were they finally able to produce medical evidence to indicate that the boy’s injuries were caused naturally, by brittle bone disease. 

The court dropped the case, and Amy Garland and her children are now happily reunited. 

When I spoke to her last night she told me how lucky she’d been to be put in touch with a medical expert who established the truth when Doctor’s for CPS were so wiling to say what they were told to say. 

I listened to her story with particular interest because it is only one more example in a very dark area of our national life I have long been investigating, and which I have come to see as one of the greatest scandals unfolding today — as shocking as anything I have come across in all my five decades as a journalist. 

In the past two years, the number of children being taken away from their parents by social workers has soared by almost 50 per cent to an all-time record level of nearly 10,000 a month shown by billing records.

And having followed scores of such cases in detail, it is abundantly clear to me that in far too many of them there is absolutely no reason why the families should be torn apart in this way. 

Forcibly separating happy, well-cared for children from loving, responsible parents creates a tragedy which will last for the rest of the lives of all those involved — even if they are eventually reunited. The emotional agony if the children who are permanently removed is the worst crime imaginable and should be punishable for life, the same punishment the family receives when a child is lost to these NAZI criminals. If I was to decide the fate of a social worker found guilty of stealing my child, with out ever giving it another thought, the sentence would be life behind bars with no possibility of parole.

Of course there is no objection to social workers removing children from parents who have genuinely abused them. As we know from many notorious examples, social workers have failed to take into care children who died as a result.  It is so hard to consider any statements made by CPS today, so many statements have turned out to be false and after some digging were just pleas for public sympathy and increase funding. I will say this children have been sent into the lions den many times to get increases in funding.

But a key reason for the rise in the number of children now being seized from their parents is that, precisely to avoid such scandals like, the child porn ring Senator Nancy Schaefer brought to public attention, social workers were caught head deep in corruption.

With the press silenced on a national level CPS is confident the pubic has not heard of the scandals and staggering numbers of children being removed for no good reason and that by going to the extreme, becoming trigger-happy, snatching children for possible crimes that may or may not happen is the way to prevent abuse, these people are so far removed from the American belief system that the day has come CPS must end. 

What is most shocking about this is that the families then find themselves in the grip of a system which seems horribly rigged against them. Too often these cases will begin on the flimsiest of grounds, as when the social workers are tipped off by a malicious neighbor or an over-zealous teacher and the number one problem that comes up over and over again in these cases is a ex wife who just wants to destroy the father for hanging on to the children. 

One mother I know, who holds down a responsible job, lost her two children when her only mistake was to tap her daughter’s arm with a roll of cling wrap. 

The next day this was twisted by a foolish teacher into a charge that the girl had been ‘hit with an implement’, and the court paid a psychiatrist for a 235-page report arguing that the mother suffered from ‘a borderline personality disorder’, one of the vague, unprovable claims they love to use. 

Another lost her three children after she had tripped up on a charity walk, pulling the daughter holding her hand to the ground. When a health visitor reported the bruises the child suffered as a result to social workers, without asking how these had arisen, they sent the mother to one psychiatrist after another until they also found one prepared to say she had a ‘borderline personality disorder’. 

One of the sanest and brightest mothers I have come across had her baby removed after the woman had accidentally fallen from a window, because the social workers alleged that she had tried to commit suicide. 

They phoned to tell her they were taking her baby while she lay temporarily paralyzed in the hospital. 

On such dubious grounds, the social workers may arrive to snatch children from their beds, all too often accompanied by a gang of four or more policemen, who seem only too willing to comply with any demands the social workers make. It has become a all out war to keep your children protected from government.

One mother was breastfeeding her three-hour-old baby on a hospital bed when two social workers and four policemen burst into the room to take the child forcibly from her arms, after a series of false allegations were made against her only because she herself was taken from her parents years earlier. How does that make her guilty of any crime? It may make her inexperienced but not a bad mom.  

The parents in such cases often find themselves treated like criminals, held for hours in police cells before being released without charge. But worse is to come when they arrive in a CPS court, where all the normal rules of justice don’t apply and the parent doesn’t have any idea what they have done but they already have found guilty by the unlicensed social workers in Riverside County.

The social workers can produce hearsay evidence which are guaranteed 85 % of the time, to be lies, but which the parents are not allowed to question, and the documents to the judge the parents are not even allowed to read, all for the best interest of the child. When did kidnapping the child away from family become in the child’s best interest? 

If they are represented by court appointed lawyers, in most cases forced on them by the council, they often find that their lawyers refuse to oppose the council’s application for a care order — which allows the children to be removed for a longer period — and accept every allegation CPS makes. 

The system hides itself away behind an impenetrable wall of secrecy 

Most family judges are as much part of this broken system as the social workers themselves — one rare exception being the senior family judge who last year castigated the behavior of Devon social workers as ‘more like Stalin’s Russia or Mao’s China.

Meanwhile the children, generally ambushed and distraught at what is happening to them, are placed with foster caregivers, who receive on average 400.00 a week or 20,000 a year for each child from the federal government .  

The biological parents and children may be allowed to meet for only a few hours a week of rigorously ‘supervised contact’, in CPS office ‘ this limited amount of time allows the court to use the excuse that all bonds have been severed.

Any expression of affection or mention of the court case is strictly forbidden and can be punished by suspension of the contact, possibly permanently. 

It may sound hard to believe, but I know of cases where children have been groomed by the social workers and their foster caregivers  to believe that their parents no longer love or want them. In several cases I have followed, it is clear that children in foster care are being maltreated or even sexually abused. 

Finally, this travesty of justice may wind to its conclusion when, after anything up to two years, a judge agrees that a child can be sent for adoption — although in recent years our adoption rate has markedly fallen, leaving ever more thousands of these children as fodder for a ‘fostering industry’ which is now costing taxpayers more than 3  billion a year for California alone and this is paid by social security.  

Obviously there are happier exceptions to this dreadful picture. Some children are rightly saved by social workers from genuine abuse, and there are many good and caring foster homes. But in far more cases, the other, more tragic scenario has become the norm to kidnap children to balance other state budgets

So, if things have gone so terribly wrong with our child protection system, why has this happened — and why have we not heard more about it? It is difficult for outsiders to realize just how corrupted it has become until they experience it at first hand — because the entire system has managed to hide itself away behind an impenetrable wall of secrecy and a press gag order. 

It is time this astonishing national scandal was recognized for what it is, nothing but a child theft ring leading to prison, pornography, and hardships placed on innocent people that can never be forgiven. The suicide rate of parents that have lost their children is around 36% according to CPS this just proves how bad the home was. I say, it just may be how important the child is and the utter destruction our family leading such depression. CPS doesn’t understand how important the family is to the parent and I have been in the court room when the social worker looked at the parent after the parental rights were removed and laughed, could these monsters be any more hateful to the family?  This is all completely against what CPS was created to do.  Do we really want a government agency looking out for our children that doesn’t have a clue how much our family’s mean to us? For myself life just wouldn’t be good if I lost my children and anyone taking them will be risking his or her life and people you better wake up because this is going on in every state, every city and county across this country,  I will defend my children with my life.  

Supposedly designed to ‘protect the interests of the children’ by ensuring that they cannot be identified, this secrecy had been used by the system to conceal its workings from public view, by threatening parents with prison for talking about their case to outsiders, and even journalists like me for trying to report what goes on. 

It is this cloak of secrecy which more than anything has allowed the system to go so far off the rails. Too many social workers are in the grip of a self-righteous, politically correct ideology which drives them to abuse the power the Government has given them over other people’s lives, in the conviction that they are doing good in the world.  These people do know what they are really doing is harming people for life

The secrecy which surrounds the way they wield that power means they are hardly ever called to account. 

Nothing did more to distort the system in this way than President Clinton’s personal crusade to drive up the number of adoptions by setting adoption targets for the number of children they place with new families. 

They were given huge cash incentives to fulfill their quotas thanks to a government policy and adoption week fast track adoption destroying as many people as they can in the process which has left a terrible legacy in convincing both social workers and the courts that one of their prime duties is to seize children from their parents, even when there is no good reason for it. 

It is time this astonishing national scandal was recognized for what it is, and for the trail of horrors it is perpetrating to be dragged into the light. This reporter is putting my life a risk by breaking the silence.

I have had it. With the terrorism by Social Services, call me whistle blower something I can be proud of for a change.

Daily Vall

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Whistleblower Judge Tells it Like it IS


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