I really wish I could help every single person that is experiencing the traumatic and horrific injustices of Child Protective Services. If I was physically capable of helping each and every one of you on a personal level I would, in a heartbeat. Unfortunately, I cannot do that. When I do attempt to help someone, their story practically immobilizes me as I know it brings out very real and very emotional memories of my experiences and loss. Please bear with me and keep calling or email me at: email@example.com.
My husband and I read every single heartbreaking story and feel your pain as if it were us. Every detailed story makes me cry, and more so mad at the monsters that go around acting like they are saving children. What a rouse the system is! I have very very strong negative opinions of those people for the following reasons:
[DISCLAIMER: I DO DESPISE CHILD PROTECTIVE SERVICE AGENCIES AND THOSE PEOPLE WHO CALL THEMSELVES SOCIAL WORKERS AS WELL AS THE COURT COHORTS BUT THAT SHOULD NOT BE PERCEIVED AS ANY KIND OF PHYSICAL THREAT AS I CAN REFRAIN FROM ACTING VIOLENT. I DO NOT PROMOTE VIOLENCE AGAINST THESE PEOPLE AND WOULD NOT SUPPORT NOR CONDONE ANYONE WHO PERPETRATED VIOLENCE OR THREATS OF VIOLENCE AGAINST ANY HUMAN BEING. YOU HAVE A MORAL OBLIGATION TO CHOOSE HOW YOU FEEL ABOUT SOCIAL WORKERS AND THEIR COURT COHORTS RATHER THAN FEEL THE WAY I FEEL WITHOUT HESITATION. JUST BECAUSE I DESPISE THEM DOES NOT MEAN THAT YOU SHOULD DESPISE THEM, IT IS YOUR PERSONAL CHOICE.
I despise social workers and their supervisors for all the extremely vulgar lies that come out of their mouths and/or write in their reports about good, decent parents;
I despise social workers and their supervisors for every cover-up of their deception;
I despise social workers and their supervisors for every broken promise that they make;
I despise social workers and their supervisors for separating children who are obviously bonded to their parents and siblings;
I despise social workers and their supervisors for placing children with strangers who TRULY ABUSE AND NEGLECT THEM;
I despise social workers and their supervisors for separating siblings;
I despise social workers and their supervisors for not caring about the children or hearing their voices when they speak about NOT being abused and that they are happy and well cared for at home;
I despise social workers and their supervisors for claiming that a child said things about their parent that they did not say;
I despise social workers and their supervisors for threatening or coercing children into claiming that they had been abused;
I despise social workers and their supervisors for performing invasive and very uncomfortable sexual assault examinations on children that they KNOW have not been subjected to any sexual abuse (until they themselves do that with the examination);
I despise social workers and their supervisors for failing to assess family members for placement and/or for claiming to family members that they are not approved despite the assessment department sending them a letter stating that they had been approved;
I despise social workers and their supervisors for administering psychotropic medication to children as young as 12 months old without consulting the parent;
I despise social workers and their supervisors for denying parents knowledge of the administration of drugs and the right to make that medical decision;
I despise social workers and their supervisors for denying the rights of the parents to make any medical decisions, denying their right to know their child’s medical condition
I despise social workers and their supervisors for RE-VACCINATING HUNDREDS OF THOUSANDS OF CHILDREN DESPITE HAVING THE CHILD’S VACCINE RECORDS IN THEIR FILES!
I despise social workers and their supervisors for taking custody of children whose parents chose not to subject their child to extremely harmful chemotherapy and radiation for the treatment of cancer and chose a homeopathic approach;
I despise social workers and their supervisors for taking illegal custody of children as a retaliation to good parents for speaking out and warning other parents of this gross injustice;
I despise social workers and their supervisors for not reporting injuries of children in foster care;
I despise social workers and their supervisors for not reporting deaths of children in foster care;
I despise social workers and their supervisors for failing to investigate obvious abuse perpetrated upon children in foster care:
I despise social workers and their supervisors for falsifying evidence and submitting such evidence to the court;
I despise the court for always siding with CPS;
I despise the court for never dismissing a petition due to lack of evidence;
I despise the court for sustaining every objection of county counsel and overruling any and all objections made by the parents or their counsel;
I despise the court for failing to find CPS in contempt when they do not follow court “orders” but use any and all major or minor deviations of the Welfare & Institutions code by the parents against them;
I despise the court for being so positively bias towards the County and so negatively against the parents;
I despise the court for failing to question anything that the social workers report says or the evidence attached to it;
I despise the court for adopting each recommendation of the Department as it makes its “Findings and Orders”, as they say, “I adopt the recommendations contained on page (blah blah blah) of the (blah blah blah) Report dated (blah blah blah)” rather than make his/her findings based on credible evidence and testimony;
I despise the court for conducting “hearings” in an adversarial manner;
I despise the “Defense Panel” attorneys for failing their clients in every way possible;
I despise the court for failing to clearly state on the record the reasons for finding that the child(ren) come within Welfare & Institutions Code Section 300;
I despise the court and the Defense Panel for failing to question the legitimacy of documents, the validity of the social worker’s testimony, and for failing to allow the parents or other family members to speak in court;
I despise County Counsel for sleeping with the “Judge”;
I despise the Director of Social Services for pushing the Supervisors to remove without offering the family any real services and for claiming that demanding a parent to drug test is considered a “service” and is allowed to be used as a Reasonable Effort to allow the children to remain at home;
I despise the way that the county submits Minute Orders to the State of California for qualifying for AFSA and CAPTA despite the fact that the Minute Orders do not accurately reflect the conduct of the hearing;
I despise the “Collaborative Partners” for either 1) Being completely ignorant to what the County is doing to children and families; or 2) Knowing what is going on and contributing to the destruction of the families;
I despise the “headhunters” who are usually nurses or wannabe doctors who will see a situation that they can manipulate and turn into something bad against the parents and completely wrong and untrue, this bothers me so much I have hyperventilated from the stress of hearing the injustice;
I despise the police officers that go to people’s homes and watch their rights be violated and watch children be removed from people that they can clearly see care properly for their children;
I despise anyone who is aware of the injustices and does nothing.
And these are the reasons I can think of off the top of my head! There are many more reasons and they all have to do with specific cases. I will be listening to someone’s story and they will tell me something that the social worker did or said and I will get all red in the face and just say, “Oh my god, I swear, I despise those people!”
Like I said, I wish I could help every person who visits our site and cries out for help. Reading the comments on ‘Families Destroyed, Tell Your Story” and on other posts literally debilitates me sometimes because I want to write objections for everyone, I want to write and call social workers, supervisors and the Director himself/herself for each and every one of you but it is physically impossible for me to do so. My husband and I keep talking about funding. We are exploring our options and applying for whatever we can. I want to create an alternative to CPS. I want to have a legal staff, I want to provide seminars and workshops for parents currently in the system. I want to convince everyone who is unaware of what is happening to us that this shit needs to change. Its like when we learned (or maybe just led to believe, I’m not sure) in school about what happened in Germany to the Jews and even non-Jews and thought, “Oh my God, how could that have happened? Why did the people of Germany just sit by and let their government do that?” Well, why are WE, CITIZENS OF THE UNITED STATES OF AMERICA, letting this happen to our own families?????
This post, as all posts, is dedicated to our son, Donnelly Keaton Burns, our little baby boy who was stolen by CPS and their court cohorts (with the help of Leslie Ann Logan Burns Hoyle) for adoption incentive funding
THE FIRST THING TO UNDERSTAND IS THIS: Child Protective Services DOES NOT REALLY CARE ABOUT THE CHILDREN! Now you know why they do the mean things they do.
THE SECOND THING TO UNDERSTAND IS: CPS only cares about FUNDING. This is what drives them to do ANYTHING.
My top ten list of advice and information:
1. STAY CALM AND COLLECTED. When you yell, argue, and/or make threats of any kind, they have the ammunition to accuse you of being violent and/or claim that the children would not be safe in a “volatile environment”. Always be polite and courteous to everyone who has anything to do with your case. Yelling and arguing only incites them to make up more crap about you and an excuse to refuse to return your children. When I say be polite and courteous, I mean play it up big by saying things like, “Thank you so much for your help and concern with the welfare of my family. I really appreciate everything that the Department is doing for us. We strive to become better parents, regardless of how. We are learning a lot and are dedicated to completing our case plan.” YOU DO NOT HAVE TO MEAN IT! I know how you really feel about them. This is normal. Heck, if I said all the things I thought about social workers, well, I would have a lot of problems to deal with. That is all I will say. My mom always used to say, “Kill them with kindness.” Best advice she ever gave me yet, in this situation, I understand how difficult it is to do. However, it is well worth the efforts as this has a great deal to do with if and when they return your child(ren). This is not a guarantee but it is very important that your social worker LIKES YOU.
2. Stop fighting them. UNDERSTAND THAT YOU CAN NOT BEAT THEM IN COURT – EVER! What I mean by that is this: The case will not be dismissed for lack of evidence. It will NOT be dismissed once you prove your innocence. It just will not happen so let’s move on. [ALTHOUGH IT IS POSSIBLE IF A BRAVE LAWYER OR GROUP OF LAWYERS HAS ENOUGH YOU-KNOW-WHAT TO PRESENT A DEFENSE THAT EXPOSES THE ABUNDANT CODES, STATUTES AND REGULATORY ACTS WHICH ARE VIOLATED IN EVERY CASE. If every parent hired a private attorney or if there was a program through the BAR Association where pro bono services were provided to defendants in Juvenile Dependency cases, the court cohorts would not be able to collaborate and collect our kids for cash!] However, there is a lawyer named Vincent Davis who has been educating and preparing parents and guardians for court.
When I say stop fighting them, I do not mean that you shouldn’t get objections on the record. This is extremely important for appeal. So, file a Declaration or Objections to the Detention or similar document that clearly objects to the false allegations, the fabricated evidence and the perjury the social worker has made and submitted to the court in the form of written testimony (the Detention Report and or any other report the county has filed).There are things you can prove with providing your “attorney” proof of in the form of documents and testimony. This may alleviate requirements of some of their case plan programs but it will not get your case dismissed.
Once you get your children back and the case CLOSED, you can and should sue them. But check your local and state rules regarding claims against a government agency. You may have to file an administrative complaint FIRST. A Federal 42 U.S.C. Section 1983 complaint for violating your 14th Amendment rights and your child’s 4th Amendment rights is a good way to go however, it is not the only way.
3. .Complete the case plan without complaining or arguing. If you don’t feel you should have to go to any Domestic Violence classes, you need to tell your lawyer to negotiate that requirement if there has been no domestic violence. YOU CAN BARGAIN WITH CPS but you must get it approved by a CPS supervisor and/or the Court.
4. GET EVERY PROMISE IN WRITING. Whether it is to place your children with family, increase your visits, close your case early, or to relieve you from drug testing, write up a promise agreement and have them sign it.
5. RECORD AND DIARY EVERYTHING. Al;ways make sure to get names, dates and times or every communication with CPS and your lawyer. This will be particularly beneficial when you sue them as well as be able to politely disagree with social workers when they tell you something different that they told you previously.
6. NEVER MISS A VISIT WITH YOUR CHILDREN. EVEN IF YOU HAVE TO START WALKING THE NIGHT BEFORE, GET THERE SOMEHOW. IF YOU MISS A VISIT THEY COULD TAKE YOUR VISITS AWAY BY SAYING THAT YOU HAVE NO INTEREST IN VISITING.
7. If you do need to complain, do it in writing and send copies to those in higher positions. DO NOT BE AFRAID TO WRITE TO THE DEPARTMENT’S DIRECTOR! This will ALWAYS GET THEIR ATTENTION and most times your complaint is duly acknowledged and something is corrected.
8. IF THE ALLEGATIONS WERE EVEN SLIGHTLY TRUE, STOP THE BEHAVIOR PERMANENTLY. If they said you were doing drugs, STOP USING DRUGS! If they said there was domestic violence and it is true, EITHER FIGURE OUT A WAY TO GET ALONG OR SEPARATE. When you can’t prove you were not on drugs or that there was no domestic violence, the quickest way to get the children returned is to separate immediately and make sure that CPS has NO KNOWLEDGE OR SUSPICIONS THAT YOU BOTH ARE COMMUNICATING. That means do not talk on the phone, do not email, do not meet them in public places during the day. Make sure when you do talk or see one another that you are not followed. Take extra precautions to ensure that whatever actions you have taken to convince CPS that the children are or will be “safe” stays that way according to them. WHAT THEY DO NOT KNOW WILL NOT HURT YOU. Also, do not tell anyone anything different than what you tell CPS.
9. Always file an appeal regardless of what your “attorney” says. You never know what the appellate court will be able to argue. However, you MUST GET OBJECTIONS ON THE RECORD!
10. ,MAKE FRIENDS WITH THE FOSTER MOTHER/FATHER. This can prove to be your most valuable ally.
This is absolutely CRAZY! These people CHOSE to adopt a child, they chose to adopt a “special needs” child, just like couples chose to have a natural child. Natural parents don’t receive any money for having a “special needs” child. Most of the “special needs” children ,who they claim “need” medication, wouldn’t need medication if they were never taken from their families!! The system is the most discusting, perverse, hypocritical, abomination! Adoptive parents don’t deserve money any more or less than the biological parents!
This code section explains how CPS needs to file another Petition when they remove a child placed with the parents, family or non-relative kinship/guardian (a person somehow related to the family or is a close friend): So, if CPS removed your child but allowed the child to come home but the case is still open and you have to participate in “services”, then they come and remove the child AGAIN, OR your child was removed and placed with, say, your mom, but then CPS comes to remove the child from mom’s house, or if your child was removed and placed with a non-relative kinship and they come to remove the child from them, then they MUST file another document called a 387-Supplemental.
(Every State has rules, laws, statutes, codes or other court regulations that govern CPS court. If I do not have the links on the side under your state, just Google, “CPS laws” or “Child Welfare Statutes” or “Child Protection Codes” and you should be able to find them.)
387. (a) An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition. (b) The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3. (c) Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the court’s dependency jurisdiction should be resumed. (d) Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291. (e) An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
Many people ask about a “388 hearing”, well, here is the California Welfare & Institutions Code for that:
388. (a) (1) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioner’s relationship to or interest in the child or the nonminor dependent and shall setforth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction. (2) When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child. (b) Any person, including a child or the nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child. The courtmay appoint a guardian ad litem to file the petition for thedependent child asserting the sibling relationship if the courtdetermines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (1) Through which parent he or she is related to the dependent child. (2) Whether he or she is related to the dependent child by blood, adoption, or affinity. (3) The request or order that the petitioner is seeking. (4) Why that request or order is in the best interest of thedependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) ofSection 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists: (A) It appears that a change of circumstance or new evidenceexists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-orderedreunification services. (B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent’s or guardian’s failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parent’s or guardian’s incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) Any party, including a nonminor dependent, as defined insubdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminordependent. (5) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement. (d) If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shallorder that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who attained 18 years of age while subject to an order for foster care placement and, commencing January 1, 2012, who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant toSection 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If thenonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. (2) (A) The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria: (i) He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained the age limits described in paragraph (1). (ii) He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (iii) He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance. (4) Prior to the hearing on a petition to resume dependencyjurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. (5) (A) The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminor’s placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (i) The nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement when he or she attained 18 years of age. (ii) The nonminor has not attained the age limits described in paragraph (1). (iii) Reentry and remaining in foster care are in the nonminor’s best interests. (iv) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed. (C) The agency made responsible for the nonminor’s placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreem
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.
[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?
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.