This is a precedent. Hope to see more!
Read more about McMillan’s lawsuit here:
No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused. Even if the social worker doesn’t admit that s/he is at your home to take your children, often times that IS EXACTLY why they are there. It is our experience, over 20+ years, that the majority of CPS social workers develop a cynical view of life and assume that you are UTTERLY GUILTY until YOU PROVE that you are not: the opposite of the way the “justice system” is supposed to operate.
Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with you. Be wary! Do not settle for the vague and general charges called “neglect” or “abuse.” Neglect and abuse are broad categories – not the legally-required “details” of the accusations or charges! You are entitled to know the “details & specifics” of what you are accused of committing.
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! In fact, open your mouth and tell the CPS investigator just enough to “make their case” and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away.
Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Frankly, you are presumed guilty by the majority of CPS and DCFS agents. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission. That mission is most often to find evidence to support what the social worker already believes to be true – that you abused your child just as the neighbor, relative or anonymous tipster claimed.
If you don’t talk to them –just as you are always told to never voluntarily talk with the police if they are accusing you of a crime– you take their power away. They will not be able to use your own admissions, statements, and your very words against you. For example” “Have you ever spanked your toddler?” Do you really think there is a good answer to that question? The majority of CPS and DCFS social workers abhor most any form of parental punishment.
An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned and experienced lawyers when first stepping foot into a Juvenile Dependency courtroom are totally dumb struct as if they stepped into It’s a Small World at Disneyland. Most lawyers –even experienced Family Law attorneys– who are not experienced with CPS/DCFS mistakenly think that it is their job (as it would be in any other court setting) to find out what CPS or DCFS wants and then communicate all the details to their clients. Shockingly, doing exactly that often leads to total disaster and the loss of your children.
Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official with a county badge; exuding the authority of the government; is well-prepared, PRIMED and READY to level accusations of child abuse or neglect against you: most people would be SHOCKED! If you’re human you’d also be scared too. As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizens. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.
What could your reaction possibly be to a surprise home-visit from a government agent? No one appreciates surprise visits by any one! Perhaps the dishes are unwashed; maybe you haven’t cleaned house for a day or two; say that there are a collection of beer bottles on the coffee table from the football game the day before; could be that you’re not dressed in appropriate attire as you would be IF EXPECTING guests… So when you are surprised and ACCUSED TO YOUR FACE of child neglect or child abuse it might be natural that you are shocked, defensive, upset, angry and a little hostile. As Homer Simpson would say: “Do’ah!”
Guess what? An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.
If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing entry will work against you or will ensure that your children are taken away from you HOLD YOUR GROUND. Politely ask to see their warrant or court order to come into your home. It the CPS social worker or investigator claims to have a warrant, insist on seeing it: in fact they owe you a copy! Why? Would a Social worker lie? YES. Police and government agents often suggest they have a warrant or outright lie and claim to have a warrant when they do not. It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally. If the agent says it is an EMERGENCY call their bluff. Insist that they explain how it is an emergency and what constitutes an emergency. Typically, in so-called “emergency situations,” the police and the CPS social workers come together and even then it is not necessarily an emergency but a working relationship that some CPS agents have with associates on the police force.
Do not even open the door to allow the CPS agent look into your home to see your children: they can see something that creates an “emergency situation” even if it is not true.
Be FIRM. You should not waiver nor give in to thinking: “What’s the harm?” There is no compromise here: no exception. If you invite a County CPS investigator or a Los Angeles DCFS social worker into your home, you have just waived your Federally-protected fourth amendment constitutional protection. Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.
This happens every day all over America and even more often in Southern California where CPS and DCFS agents are the most ruthless social workers anywhere. The bar for removal is “whatever it needs to be” as far as the social worker is concerned. A legal prescription in your bathroom cabinet, a beer bottle on the coffee table, a kitchen knife not in the drawer, a broken window, a back door without a deadbolt, a missing smoke detector, a swimming pool without its own secondary safety fence: whatever might be necessary to fill out the paperwork to justify removal. If this particular social worker set out to take your child, allowing them innocently into your house will ensure that your child is taken from you. You now have a year or a lifetime of HELL before you.
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.
Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any concern or suspicion of child abuse or neglect. Obviously go to a doctor whom you trust. If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS. What you may not know is that these doctors are a regular part of the CPS system and they are commonly called as expert-testimony witnesses by CPS as a witness against the parents. They are paid handsomely for their testimony.
If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is always better that your children are taken in by relatives or friends. Are you aware that children placed in foster care are sometimes abused or mistreated by people working the foster care system for a “pay check?” There is the flip side to that where some truly loving foster parents sometimes become smitten with your kids and start their own campaign with the court and petition for adoption! Having your kids in foster care is simply adding one more level of stress and complexity to your plate.
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.
Even if you privately agree that maybe you drink too often or too much that does not mean that you have to incriminate yourself in this investigation. Bite your tongue. Admit NOTHING! Even if you recognize that you have a problem that needs to be addressed this is not your DOCTOR; this is not your PRIEST; this is not your LAWYER. Wrong person! Wrong time! This person is not here to HEP YOU. This person is here to collect evidence to support the accusations made against you and to TAKE YOUR KIDS. Period.
Do not admit guilt. Instead, work with your doctor, pastor or even your private CPS defense attorney to find the professional help you might need need (and professional help that the courts will recognize – no sense paying twice because a treatment program is not court-approved). By NOT ADMITTING GUILT, you can then honestly work on any issues you have and work with the court to keep your kids under your roof or to get your kids returned to you when appropriate.
By mistakenly thinking that admitting guilt to a social worker is justified is often a fast trip to jail – removing many of the options that you need right now to get your life in order. In any potentially-criminal situation NEVER voluntarily do anything until you contact an attorney: preferably a compassionate and understanding attorney who works with parents, kids and the Juvenile Dependency Courts on a daily basis. They will offer you frank advice that will be better than unnecessarily sitting locked behind bars. CPS social workers and investigators are not above lying to you to encourage you to confess or admit to something that you might not even be guilty of – just to get you arrested and your kids in their control.
Re-posting or re-blogging this post is prohibited without express permission from its author, Vincent W. Davis. For permission requests, please contact Sharon Joyce-Burns at: selfhelp_donnellyjustice@live.com and I will forward your request. In the meantime, if you would like to share this post kindly use a direct link to this address. .
THIS POSTING MAY NOT BE COPIED OR REBLOGGED WITHOUT EXPRESS PERMISSION FROM ATTORNEY DAVIS, PLEASE CONTACT SHARON JOYCE-BURNS AT: selfhelp_donnellyjustice@live.com and I will ask Attorney Davis if you can repost or reblog. For now, just use the link to this post if you want to put it on your site. THANK YOU FOR YOUR KIND COOPERATION AND COURTESIES IN THIS MATTER.
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
All Parents in the united states better know what to do because this is not only happening to other people. YOU BETTER KNOW WHAT TO DO. The knowledge parents need to know when CPS knocks on your door is far to much to learn in a weekend. I have been deeply embedded in these Juvenile Court Proceedings and Law for almost 6 years now only now do I feel confident enough to hold these people accountable. This is because Juvenile CPS law involves, criminal, custody, constitutional, Juvenile Dependency Statutes,,Adoption Codes of Civil Procedure, ,Welfare & Institutions Code and if this isn’t enough then you have to make the JUDGE actually do his job with Dependency Quick Guide – DOGBOOK because they do not give a shit about your children even is they tell you they do and say what you want to hear, I was there the manipulation of these compulsive liars will make you mental after the case is over for not learning this courts boundaries. Don’t get me wrong you only have to learn the parts that pertain to JV Court or CPS JV dependency court. My family was so deeply violated by this Judge I felt the need to learn as much as I could to gain some kind of understanding why this happened but I learned about the funding and how it gets spent and who gets it.. Only now do I see how inept my lawyer truly was and still is or he just has no morals. Don’t think you can wait all this information is on this site. You better get busy. We did the legwork and we will always be here to continue to help. Ask anything you wish and I promise we will try our best to answer everyone. If you don’t get us by email fast enough call please, don’t feel ashamed, we know how important this is for all parents. Remember we been there. email donnellyjustice101@gmail.com and our phone number 951-305-1552 . I want to keep this number open for those of you who truly need help ASAP. Everyone is welcome to call about your case just remember their is a limited number of volunteers here that understand what is truly going on with these courts so be patient. .
God Bless you and your Family
Bill.
This will stop the judges from volunteering to work for CPS and paid to remove children. Open up the courts to public oversight. This will happen in Riverside county even if these Judges don’t like the pay cut
DEMANDING AN AUDIT OF RIVERSIDE COUNTY CHILD PROTECTIVE SERVICES AND COUNTY COUNSEL.
I WILL STOP AT NOTHING UNTIL THESE CRIMINALS ARE IN JAIL LIKE JUDGE MONTEROSSO AND THE COUNTY COUNSEL WHO COLLUDED WITH HIM TO TAKE CHILDREN FROM GOOD PARENTS. THESE PEOPLE DON’T CARE ABOUT CHILDREN.
ANYONE WHO GOES INTO A RIVERSIDE COUNTY COURT HOUSE MUST HAVE A RECORDING DEVICE ON YOU BECAUSE THE TRANSCRIPT WILL BE DOCTORED AS WITH MY CASE BUT I HAVE THE PROOF AND ATTORNEYS WILL NOT TAKE THE CASE BECAUSE CPS WILL TARGET THEIR FAMILY OR THE JUDGE WILL HAVE THE ATTORNEY DISBARRED IF THE ATTORNEY WINS OR DOESN’T FOLLOW THE CORRUPT WAYS OF THE COURT. I HAVE THIS STATEMENT FROM AN ATTORNEY WHO HAS BEEN TOLD THIS VERY THREAT. WITH THAT HELD OVER YOUR HEAD AS AN ATTORNEY WHAT WOULD YOU DO? QUITE OR BE CORRUPT? THIS IS THE KIND OF COURT SYSTEM WE DEAL WITH TODAY. JUDGES WHO HAVE NO FAMILY VALUES AND PUT THEMSELVES OVER TOP OF THE AVERAGE MAN, WHEN THEY ARE LESS OF A MAN FOR NOT DOING THE RIGHT THING FOR A DEFENCELESS FAMILY.
THIS COUNTY OF RIVERSIDE MUST BE INVESTIGATED. THE REPORTING AGENCY CDT IS CORRUPT AS WELL I HAVE HAD CDT GIVE DIFFERENT TEAT RESULTS THAN LAB TEST WITHIN MIN, OF EACH OTHER. ONE I PAID FOR AND THE OTHER CPS PAID FOR. I DID THIS TO EVERY TEST CPS HAD ME TAKE AND THE TEST HAVE SUCH DAMAGING INFORMATION ABOUT CPS AND THE REPORTING AGENCY THEY USE.
WE HAVE SO MUCH EVIDENCE AGAINST CPS STEALING CHILDREN.
PLEASE PLEASE CALL US INTO THIS AUDIT. I WILL SEND MY EVIDENCE. ALSO AUDIT CDT THE TEST COMPANY REPORTING AGENCY.
PLEASE CALL US TO TAKE PART IN THE AUDIT OF CPS WE HAVE COLLECTED EVIDENCE FROM THE DAY OUR CHILD WAS TAKEN BY CPS.
CPS SETS THE POLICIES FOR THE HOSPITALS, AND CPS TELLS THE HOSPITALS NOT TO REPORT FOSTER FAMILY ABUSE SO CPS DOESN’T GET CAUGHT.
Following this article is California Welfare & Institutions Code Section 309 text regarding relative placement.
I saw that the adoption was finalized on November 2, 2012 at the Southwest Justice Center’s Adoption Finalization Day. They have this event every year in November so for all of you whose children are being adopted out of this court, stay informed of the date they have this finalization day that way you can go there and protest, see your child one last time or try to speak to the adoptive parents before they put a restraining order on you.
CALIFORNIA WELFARE & INSTITUTIONS CODE:
309. (a) Upon delivery to the social worker of a child who has been
taken into temporary custody under this article, the social worker
shall immediately investigate the circumstances of the child and the
facts surrounding the child’s being taken into custody and attempt to
maintain the child with the child’s family through the provision of
services. The social worker shall immediately release the child to
the custody of the child’s parent, guardian, or responsible relative
unless one or more of the following conditions exist:
(1) The child has no parent, guardian, or responsible relative; or
the child’s parent, guardian, or responsible relative is not willing
to provide care for the child.
(2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(4) The child has left a placement in which he or she was placed
by the juvenile court.
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician and surgeon or the medical facility.
(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
(d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative’s or
nonrelative extended family member’s suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child’s needs, and a consideration of the results of a
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5 and a check of allegations of prior child abuse or
neglect concerning the relative or nonrelative extended family member
and other adults in the home. Upon completion of this assessment,
the child may be placed in the assessed home. For purposes of this
paragraph, and except for the criminal records check conducted
pursuant to subdivision (a) of Section 16504.5, the standards used to
determine suitability shall be the same standards set forth in the
regulations for the licensing of foster family homes.
(2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
(3) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation’s criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(4) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child,
as defined in paragraph (2) of subdivision (f) of Section 319,
including any other adult relatives suggested by the parents. The
social worker shall provide to all adult relatives who are located,
except when that relative’s history of family or domestic violence
makes notification inappropriate, within 30 days of removal of the
child, written notification and shall also, whenever appropriate,
provide oral notification, in person or by telephone, of all the
following information:
(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the
care and placement of the child and support for the child’s family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a foster
family home or approved relative or nonrelative extended family
member as defined in Section 362.7, and additional services and
support that are available in out-of-home placements. The notice
shall also include information regarding the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9),
adoption, and adoption assistance (Chapter 2.1 (commencing with
Section 16115) of Part 4 of Division 9), as well as other options for
contact with the child, including, but not limited to, visitation.
The State Department of Social Services, in consultation with the
County Welfare Directors Association and other interested
stakeholders, shall develop the written notice.
(2) On and after January 1, 2011, the social worker shall also
provide the adult relatives notified pursuant to paragraph (1) with a
relative information form to provide information to the social
worker and the court regarding the needs of the child. The form shall
include a provision whereby the relative may request the permission
of the court to address the court, if the relative so chooses. The
Judicial Council, in consultation with the State Department of Social
Services and the County Welfare Directors Association, shall develop
the form.
(3) The social worker shall use due diligence in investigating the
names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child’s best interest, and obtaining information regarding the
location of the child’s adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents or
guardians may identify themselves to the county welfare department
and be provided with the notices required by paragraphs (1) and (2).
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 (HHS) Health and Human Services (Department of Child 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 calling 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. Of course they lie and say they are not,.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 types 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. Petition: 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 children removed from an abusive home, there are 17 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. Calibrate v. Floyd (9th Cir. 1999) 4.
The mere possibility of danger does not constitute an emergency or exigent circumstance that would justify a forced warrant less entry and a warrant less seizure of a child. Hurlman v. Rice (2nd Cir. 1991) 5. Police officer and social worker may not conduct a warrant less 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. Good v. 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, healthier Child Protection System? I. Child Abuse is a Crime, not a touchy freely 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 investigates those who sign up to be foster parents.
They do not do this today, and many foster parents 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.
These people amaze me by their confidence in nothing, they have no positive data to back anything they do. They come into your home because someone called the hot line to cause you pain and suffering like an ex-wife who lost in divorce court and doesn’t want the children to love you over her.
The attorney’s are so completely incompetent, do not object to anything, and only want to push you and your kids through the system even if it ruins the entire family as long as they get paid. My attorney guided me through the entire process and now that it is over I have found out all the things he did to make sure I lost. This Attorney Daniel Vinson knew very clearly that I was not guilty and let so many things be presented as evidence even while I was sitting there and stated I do not have a drug history, why are they saying I do. I never had any charges or drug convictions in the past and he did not object to anything but passive willingness to let go of my parental rights. Only a CPS case from my ex wife after she was on antidepressants. I have done the research and have over 1800 pages of evidence from this court that I will get into court. I have written many reports of the amount of evidence we have and it is just a matter of time. If it isn’t me it will be someone else this information has been given to .
County counsel Mrs Jamiilla Purnell brought up information she had absolutely no knowledge of and stated theory as if it were fact. If anyone in this court room were ever in a real court of law they would be completely run out of the court room until they learned of to conduct themselves like a professional. CPS and county counsel submitted a criminal record that was not mini and it belonged to a man 10 years older than me. I told my lawyer many times that I had no drug history and he continued to sit on this information and it was a major factor in my railroading by the South West JV Civil courtroom system and is well known for over 20 years that nothing in this court is for the child’s best interest.
They are the only ones in this system that believe CPS has anyone convinced they do care and it is only a matter of time now until this court and the money taken by CPS courts and then placed into an account that any state agency can take funds from as needed and this is all documented in the 2011 grand jury investigation.
It is truly amazing that these attorney’s will cover up any way for you to win against CPS to the point of destroying any respect the client could possibly have for their ability to defend you properly. These people are sociopaths who care about nothing.,
The three most common ways of stopping a parents visit to take control of a child welfare. Tell the parent the child doesn’t want to see you.
Make false accusation of crimes committed by the parent and say you will be convicted to scare them into signing the case plan. Answer tell them to bring it on because you know you are not guilty. Believe me the criminal courts are 1000% more fare than the CPS court. CPS courts are unconstitutional and private. Even if you submit proof of your innocents it will not make it on the record. Remember this always when you talk to anyone in these courts. CPS has been caught repeatedly selling children to child trafficking and anyone who challenges me on this better have their facts in order because I have FBI reports, Grand Jury Reports that have been done over and over again and CPS fails to follow any recommendations.
Any Parent should know when CPS cuts off your parental contact with your child, this is against the law and you should always take steps to counter this asap do not let this go. CPS is trying to break the parental bond because you and your child have a close relationship.and CPS finds this to be their biggest enemy to people ever trusting them, I got news for CPS people will never trust CPS. You have to actually care about kids.first. I found information in a report for the continuity of US Government and this report actually suggested having community centers to raise the child. What these reports don’t ever mention is that children are so much better raised by the bond of a mother who cares endlessly for their child, and the community center is just a paid babysitter and everyone knows how that always works out.. Maybe if you doubt any of this is because it sounds crazy and it is but that doesn’t say that it isn’t true.
Click on this link BELOW to learn all about the funding sources. Then go through your case file (get a copy from the court clerk, ask for the entire Transcript including the Reporter’s Transcripts – THIS IS IMPORTANT-MAKE SURE THE DETENTION HEARING TRANSCRIPT IS INCLUDED THIS IS THE VERY FIRST HEARING AND EXTREMELY IMPORTANT THAT THE JUDGE MAKE CERTAIN FINDINGS AND ORDERS. Look through that transcript, compare to the list of required findings found in this article, highlight on the Minute Orders where they CLAIM to have made these findings, then write a complaint letter to:
US Department of Health and Human Services
Office of Inspector General
ATTN: OIG HOTLINE OPERATIONS
PO Box 23489
Washington, DC 20026
http://nc.casaforchildren.org/files/public/community/judges/March_2011/Edwards_3.pdf