Parents Against CPS

February 21, 2007

Child Protective Services Reform must be put in place!

Filed under: CPS Reform — parentsagainstcps @ 5:06 am

1)      No more Anonymous calls to the CPS hotline there is simply no reason for an anonymous call to begin with. If an allegation is true then the person making the allegation should have no problem standing behind their own words, therefore there should be NO reason for an anonymous call. Making anonymous calls allowed promotes a flawed system where people can use it as the ultimate get even card for wrongs done to them.

a)      Person must reveal their true name address and phone number to CPS. Of course for the person’s protection CPS should still keep them anonymous from the person that they made the allegations on.

b)      The CPS caseworker performing the investigation must also interview the person who has made the allegations of abuse or neglect.

2)      Stricter laws against people who make false allegations. Isn’t it true that making a false allegation is in itself a form of child abuse endangering children and family across the United States? False allegations are on the rise ‘The numbers of false and unsubstantiated allegations of abuse and neglect continues to grow. There were 2.9 million reports of child abuse in 1996. 2/3rds of those reports were “unfounded”. Society does not care about the abuse of process, lack of accountability, nor destruction of innocent children and families traumatized by false allegations because the general public has been hyped into irrationality concerning child abuse allegations due to “child – saver” advocates, politicians and the media’. (Guilty Until Proven Innocent: A Manual for Surviving False Allegations of Child Abuse, Kim Hart).

a)      Make it a class C misdemeanor for reporting an intentional false allegation.

b)      If a person is found guilty of making three or more false allegations the charge is automatically bumped up to a felony.

3)      Once a call is made  the level the CPS caseworker should not be allowed to even open a persons past history or closed case files until after they have decided to either indicate or declare the case As being unfounded. The fact of the matter is that there is absolutely no way a caseworker can be unbiased in there decision unless they base there decision on facts and not their feelings. Just because a person was founded as being guilty of child abuse, child neglect, or child endangerment in the past does not mean they are guilty in a present case.

4)      CPS must advise the accused of there rights just like e police officer does. They should be mandated to inform the accused of their Constitutional rights specifically their 4th and 5th amendments.

5)      CPS should not be allowed to interview children without first notifying the parent and allowing the interviewing process to be done with a legal council. The legal council must be provided by a completely separate agency that is not associated with, or funded by CPS therefore helping to eliminate the potential contamination of the interviewing process. It is a parent’s right to protect our children’s US Constitutional rights in the 14th amendment it clearly states in paragraph one “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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.”  Our children are the most precious parts of out lives we must be allowed to protect there Rights including the 1st 4th and 5th Amendments to the US Constitution and how can we do that if they are questioned in a legal matter without given proper representation and due legal council.

Many CPS workers (and other child-abuse evaluators) attempt to conceal their biased methods of conducting investigations. Take, for example, their resistance to video- or audio-taping their interviews with allegedly abused children. “Just a few years ago, CPS actually advocated taping because they never even considered that what they were doing was inappropriate,” says Dr. Terrence Campbell, a consulting psychologist to the Macomb County, Michigan courts. “But when other people finally got a chance to see the tapes, they saw that zealous ‘professionals’ were distorting the children’s memories by asking leading questions. So now, there’s less taping than there was even five years ago.”

But even when tapes are made, they’re generally inadequate. “They almost never start at the beginning of the interview, and it’s usually clear that a number of interviews have already been done,” says Dr. Coleman, who has reviewed over 1,100 hours of taped interviews in the cases he’s worked on. “Sometimes, they interview a child until they feel they’ve got the child ready to say something. Only then do they turn on the tape.”

One might conceivably compensate for the absence of a video- or audiotape by keeping complete, contemporaneous notes of the interview. This, however, rarely happens. Kentucky CPS worker Lisa Palmer, for example, says she makes no attempt to record her interview subjects’ statements word-for-word, taking down only the “highlights.” Then, after generating her final reports–in which she relies on her memory to fill in the gaps–she destroys her notes. Palmer thinks some of her co-workers do the same.

When CPS workers have finally assembled the conclusions of the outside therapists and medical professionals, they prepare for the court a report, which will generally touch on such items as whether the child should be allowed contact with her father, and whether continued therapy is required. Not surprisingly, these reports are frequently filled with incorrect, misinterpreted, or even fabricated evidence against accused men.

“CPS workers very selectively look through an enormous amount of data, pick out just those things that are consistent with their opinions, and ignore anything that might show that the guy is innocent,” says Dr. Guyer. In San Diego, for example, therapists told the Grand Jury that CPS workers “frequently distort reports they have been given about patients,” and, if the therapists disagree with the CPS worker, their recommendations “may not even appear in the report to the court.”

6)      CPS medical and psychological evaluation must be performed by doctors and therapists that are contracted by a outside agency that is not funded by or connected to CPS other then the fact that CPS refers patients to that agency furthermore there should be no basis for biased Therefore CPS should not be allowed to choose this agency it should be chosen for them.

Private “validates” have additional ways to turn abuse charges into money. In California, for example, the Victim/Witness program will pay directly to a licensed therapist up to $10,000 per child for counseling–as long as the child was alleged to have been abused. An additional $10,000 is available to counsel the child’s mother. The only catch: to get their therapy paid for, the child victim and her mother must see a therapist from an approved list. Guess who directs the mother to a therapist who would be best for her and her child? CPS, of course.

All it takes to start the funding process is a police report or a child abuse report containing an allegation of abuse. No proof that the allegation actually took place is required. “Just because there wasn’t a conviction, doesn’t mean a crime wasn’t committed,” says Curt Soderlund, an official with the California state agency that manages the Victim/Witness program. “If someone believes she’s been a victim, we don’t have the right to question that.” To collect a regular government paycheck, the therapist need only provide an occasional progress report, claiming that counseling is still necessary because the patient is still suffering from the trauma of having been abused. Thus, a therapist who might otherwise be honest enough to say that a child hasn’t been abused would not want to risk killing the goose that lays the golden eggs.

But Victim/Witness payments don’t last forever. So some therapists have found other sources of long-term funding: the alleged victims’ fathers. About nine months ago, Nick O. called the therapist who was “treating” his daughter to get a status report. “She told me that her work with my daughter was done, but that she was going to keep her in therapy ‘in anticipation of an unpleasant custody battle.’” Nick’s daughter, who was three when he was accused, has been in therapy for over two years. “If I were some poor shmuck on the street who didn’t have a dime to my name,” Nick speculates, “this would have been over a long time ago.”

A typical CPS investigation may also involve referring the alleged child victim for a medical exam. Some doctors, too, seem inclined to support the “findings” of the CPS workers. Like therapists, doctors may confirm abuse because they’re afraid not to. And like therapists, they have financial incentives–if they don’t back CPS up, they will no longer be called upon to perform evaluations.

But unlike therapists and CPS workers, who may substantiate an abuse claim based only on their opinions, doctors must generally document their reasons. However, “in medicine, statements made by patients or family are generally taken at face value,” says Coleman. “So when a mother or a CPS worker sends a child to the doctor and says ‘I think she’s been abused by her father,’ the doctor will frequently make a diagnosis of abuse based on this ‘history.’”

Because sexual abuse rarely leaves any physical signs, a physical exam is not likely to give a doctor much to go on. However, a typical doctor’s report will say that although no indication of abuse was found, the examination was “consistent with abuse.” “Technically, there’s a kernel of truth there,” says Dr. Coleman. “But what gets ignored is that a normal physical exam is also consistent with no abuse. Saying ‘consistent with abuse’ is simply a fraud–it’s language designed to help the prosecution without adding anything to the investigation.” Other times, doctors may file misleading or ambiguous reports, with disastrous results. In one disturbing case, Dr. David Gemmill, an assistant professor of pediatrics at the Medical College of Ohio, conducted an examination of a girl alleged to have been abused. In his report, Gemmill claimed to have found a “suspicious looking scar” in the little girl’s anus. However, in a later review of the slides that he himself had taken during the exam, Dr. Gemmill admitted that, in fact, “there is nothing that looks suspicious.” But the damage had already been done: the girl testified that the reason she believed her father had abused her was because she believed she had this scar.

Gemmill testified in court that other factors he relied on to determine that the girl had been abused–her recurring urinary tract infections and an asymmetrically-shaped hymen–have been shown to be common in non-abused children.

“Nevertheless, there are doctors still basing their opinions on this type of medical misinformation,” says attorney Peter Firpo. “And men are in prison because of it.”

7)       CPS and juvenile courts must allow the Accused parents and or guardians be allowed to attend defend them selves in each and every court date that has to do with the Parents or Guardians case. It should NOT be allowed that CPS secretly goes to court to win a temporary removal order of our Good American Citizens Children. The US Constitution in the 14th Amendment paragraph 1 clearly states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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.”  Also the 5th Amendment states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Therefore it still remains that we are innocent till proven guilty and have a right to a fair hearing under our constitutional rights. 

8)      Finally there must be an outside government entity in place to ensure that CPS is following state and federal laws and, that our US Citizens rights are not being violated “witch they are each and every day”. Currently this is not the case. The only one CPS answers to is its internal Complaint system so basically the people being accused are at CPS and the judge’s mercy.   I hope to get suggestions to add to this post. Thanks!

February 19, 2007

Child Protective Services at it again a storey of Discrimination.

Filed under: General — parentsagainstcps @ 4:50 pm

Child Protective Services at it again a storey of Discrimination.

 

I would like to start of by saying that I am a loving and devoted mother of 2 children Ryan who is 3 and Melissa who is 5. I make sure that all of physical emotional and educational needs are taken care of each and every day. Our Children are the very most important part of our lives and need us to be there for them each and every day.

   On October 20th 2006 me my two children had been staying at my Aunts house temporarily while we where relocating from out of state. A friend of my aunts who frequently came over had stopped by that afternoon for a visit. This women had a very bad habit of carrying a large Ziploc bag full of the numerous medications her and her 5 year old son where prescribed. She had been told several times not to bring these medications out around my children by my self and my aunt. I had been outside on a personal call when she once again took out her Ziploc bag full of medications and started dispensing them to her child. She was immediately told to put them away and she did after being told two or three times.  At this time she had her very large bag of pill bottles out. She must have dropped a bottle of pills under the couch or table where no one had seen it. My three year old son Ryan who is diagnosed with epilepsy back in late august of 2006 somehow discovered the pill bottle full of Clonidine and swallowed almost all the pills before anyone had noticed he had done so.

   Clonidine lowers the blood pressure and fast. We immediately called poison control and 911 and had Ryan rushed to the Children’s Hospital in Knoxville Tennessee he was admitted into the ER where they gave him charcoal treatment to absorb the lethal dose of Clonidine.  He was then admitted to the Intensive care unit and monitored for less than 24 hours. During Ryan’s stay at the hospital they naturally had blood work done and it turned out that his levels where very low for his seizure medications. Ryan was prescribed Tegratol and Valporic Acid to control his seizures back in late August of 2006. Now

   I am not a doctor and know very little about medications but it turns out that Tegratol requires blood level checks to be done regularly especially early on when first prescribed in order to make sure that the patient is getting the right amount for their weight age and metabolism. The Neurologist that initially saw Ryan never prescribed or even mentioned having blood level checks done. 

   Well the doctor that was caring for Ryan Dr Brickman decided that because my son’s medication levels where low, that I was not properly administering him his meds. This is the furthest thing from the truth that could ever be. I am a good mom and make sure that my children’s medical needs are taken care of. I even had 5 witnesses including my Aunt my Dearest friend and  partner Walter who has been their for everything imaginable, my uncle and his two daughters that all had seen me give my son his medications each and every day.

   My next trip was to the social worker who after interviewing with for a few minutes collaborated with DR. Brickman and the social worker jointly decided to report me to the Department of Children’s Services for not only the drug overdose but also that I was not giving my son his medications.  

   Ryan was sent home from the hospital and we where in the process of establishing our new residence. On October 24th 2006 while I was at our new home with my children “DCS” the Department of Child Services showed up at my Aunts home because that was the only address they had for me at the time. My friend Walter who was at my Aunts house when Tennessee DCS showed up gave them our new address where he lives with me and my children.  I also called DCS that following Monday on October 30 2006 to make sure that they had my new address so that we could get this cleared up as quickly as possible.

   Four months went by and life continued on as normal. Ryan got a new Neurologist and it turns out that the most probable cause for his low medication levels was that he was on Tegratol and Valporic Acid at the same time. It turns out that these two medications can counter act each other rendering the medications to fall below therapeutic levels.  This is per Ryan’s new Neurologist DR. Christopher Miller.

It turns out Child Services feels that they are above the law in all aspects weather it be at state or federal level. Tennessee code 37-1-406 clearly states that DCS or CPS “what ever you want to call them I call them kidnappers”, by law has 60 days from the date of an original report to complete an investigation.  DCS decided to start showing up at my door in late February 2007 almost 4 months after the report had been made first a worker by the name of Brent showed up he came in about 2 feet into the door looked around asked if we needed anything and left. Then the following week another worker decided to show up and stated that she needed a medical release for Ryan’s new Neurologist so that they could close the case and be out of our lives. After reading the paper very carefully I decided to sign it because I knew that there would be nothing from my doctor that would incriminate me.

   Now I was pissed these people are invading my privacy and my peace in my home. They have no right to continue coming to my home indefinitely in order to proceed with an investigation. The laws in most states clearly gives them 60 to 90 days to come up with determination, Tennessee states that they have 60 days. I immediately started making phone calls to various State Offices in complaint of this horrific act that CPS is committing. I will not let them into my home again without a warrant and a police officer present, I will not sign any more of there papers. And I will not succumb to any of there demands anymore without a court order by the judge.

   Parents let it be known that a State Worker can not enter your home or force you to do or say anything without a court order from the judge. It is against our Constitutional Rights and Bill of Rights in the 4th Amendment to enter our homes without a proper search warrant. Furthermore a warrant must be executed by an officer of the peace not just any yo-yo brained state worker. Third and finally a Warrant must be specific in its purpose for items and or people that should be seized. In order for an officer of the peace or state official to obtain a warrant for entry and seizure of property or people it must be based on factual evidence that the persons and or person’s property to be seized are a violation of our state or federal laws. Hear say, and CPS Worker’s feelings do not count as evidence.   

   No matter what these people say to you, no matter how much they threaten you do not allow them to intimidate you and give up your rights. Let it be known that I am not a perfect parent today or have I been in the past. I have a past plagued with mental health and depression as well as drug addiction. Thank God that is in my past and not my present.

   I also have a past history with CPS due to my mental health issues and drug addiction. They have taken four of my children from me. For years now I have been terrified of these people and what they can do to me and my children. The buck stops here! I am sick of the state holding my past against me invading me and my children’s lives with threats and discrimination.

   I believe that we as parents need to ban together and stop these people from being allowed to enter our lives and our homes, turning family’s lives upside down and breaking every law and citizens rights while doing it.   My next step for this site will be to post a wrong doings list of State officials concerning CPS and flaws that are in the system witch causes good parents and family’s to be put under duress by this CPS and its employees. I really hope that people will help me add to this so that we can start a movement forcing politicians to address the well needed CPS reform.  I also hope to get many comments and hear other’s opinions on this post and all of the post s to come in this blog as it wishfully grows.

Disclaimer: We are not lawyers and you cannot hold us liable for any reason if you decide to engage in actions based on posts you have read in this blog. The subject matter that you read here is purely based on personal opinion. If you are in the middle of a child abuse or neglect investigation you should gain solid legal advice from a licensed attorney.

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