CPS reform

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Nationwide, there are State run agencies who are supposed to be protecting abused children in dangerous situations. Each State has many different titles for them. All of them are main stapled as CPS (Child Protective Services). For example, in Texas they're known as DFPS. (Department of Family and Protective Services)

While there is an important need to find abused children and to protect them, the current system is only finding a small percentage of those truly abused children. The rest of their statistics that guarantee a high departmental income are from families who never abused their children. Where they get this income and the sources of information will be posted after the next paragraph.

I am not calling for an abolishment of CPS. What I am petitioning for is an overhaul and restructure to bring them in line with lawful investigation practices, to maintain Constitutional Rights and proper training for Agents who never had children, and psychological evaluations to find and replace the Agents who were themselves abused as Children and see abuse in every home regardless of the situation. This is not, I repeat, not a rare occurrence. I will supply statistics to support this and how this has escalated. I will also supply the sources.

Departmental income has become more important to CPS and their offices than actually finding abused children and protecting them. Each and every time they remove a child from the home, they get paid from the Federal Government. Here they are:

1. Public Law 93-247 known as the Mondale Act of 1974.

2. Public Law 96-272 known as the Adoption Assistance and Child Welfare Act of 1980

3. Social Security Title IV-E funds.

The ASFA- Public Law 105-89 known as American Safe Families Act of 1997 is one of the most horrific laws on the books today. While it sounds nice in the title, when you get through the legal jargon, what this means is so wrong. If you ever had a child removed from your house by CPS, even UNFOUNDED and you are innocent, they will take that child in minutes after the child is born! Babies are highly adoptable and the Federal Government pays out $6,000 to the CPS office who conducts the legal kidnapping and gets them adopted quickly without regards to the biological Mother and her family. Since she was investigated once, they do this in the "best interests of the child" as she is a "potential" abuser.

The largest targeted type of families are folks with low incomes, children on SSI and are minorities. If you even have one of those three issues, you are a target for CPS to illegally investigate you. While these things are a surefire magnet, they have been known to do illegal investigations against families if they were reported falsely with malicious intent. Example is an ex-wife wants to get even with her ex-husband and his new family, she could report them and put them through Hell.

Why are the reasons CPS Agents actually find so little true abuse?

1. Agents who never had children and don't understand that a few toys in the corner of the room is not a hazardous mess.

2. Agents are not trained in real evidence recognition. In fact, no Agent in CPS has any training in evidence, the Constitution or criminal justice. They are given anywhere from 3 to 6 months of training, being taught that it is ok to break into a Home without probable cause or exigent circumstances.

3. Agents are trained to use subjective speculation and not objective factual reporting.

4. The Agents do not get psychological evaluations. A number of Agents who were abused as a child themselves see abuse in every home they go into, even if it's not there.

5. Most States do not require Agents to have a degree in Social Sciences. Any degree will do, doesn't even have to be related to the field.

6. The Agency has no checks and balances. A field Agent can lie to a judge or police officer with absolutely no proof and have it entered as factual evidence in a court of law!

7. Agents are trained to believe they are immune from the authority of the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Fourteenth Amendment. They violate this in every investigation done nationwide.

Here are the statistics and sources to support these facts:

Number of Cases per 100,000 children in the United States. These numbers come from The National Center on Child Abuse and Neglect (NCCAN) in Washington.

CPS- Physical Abuse (160) Sexual Abuse (112) Neglect (410) Medical Neglect (14) Fatalities (6.4)

Parents- Physical Abuse (59) Sexual Abuse (13) Neglect (241) Medical Neglect (12) Fatalities (1.5)

As you can see, children are abused far more in care than at home. The calculated average is for every 1 abused child removed from an abusive home, there are 17 unabused children removed from loving non-offending homes nationwide.

Constitutional Violations and Court Rulings that CPS Ignores to this very day!

1. It's unconstitutional for CPS to conduct an investigation and interview a child on private property without exigent circumstances or probable cause. - Doe et al, v. Heck et al (No. 01-3648, 2003 US App. Lexis 7144)

2. All CPS workers in the United States are subject to the 4th and 14th Amendment - Walsh v. Erie County Dept. of Job and Family Services, 3:01-cv-7588

3. Police officers and social workers are not immune for coercing or forcing entry into a person's home without a search warrant. Calabretta v. Floyd (9th Cir. 1999)

4. The mere possibility of danger does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice (2nd Cir. 1991)

5. Police officer and social worker may not conduct a warrantless search or seizure in a suspected child abuse case absent exigent circumstances. Defendants must have reason to believe that life or limb is in immediate jeopardy and that the intrusion is reasonable necessary to alleviate the threat. Searches and seizures in investigation of a child neglect or child abuse case at a home are governed by the same principles as other searches and seizures at a home. Goodv. Dauphin County Social Services (3rd Cir. 1989)

6. The Fourth Amendment protection against unreasonable searches and seizures extends beyond criminal investigations and includes conduct by social workers in the context of a child neglect/abuse investigation. Lenz v. Winburn (11th Cir. 1995)

7. Making false statements made to obtain a warrant, when the false statements were necessary to the finding of probable cause on which the warrant was based, violates the Fourth Amendment's warrant requirement. Aponte Matos v. Toledo Davilla (1st Cir. 1998)

What can be done to change this for a better, more healthy Child Protection System?

I. Child Abuse is a Crime, not a touchy feely civil complaint and should be investigated as a crime.

II. Have the abuse allegations investigated by a Detective or Police Officer, who are trained for this as a career, whereas CPS workers are not. All investigations are joint ones with said Officers of the Law and with warrants properly issues under probable cause.

III. Re-train Agents to respect and obey the laws of the Constitution of the United States. If a family is guilty of abuse, a legal investigation will find it.

IV. Repeal the Mondale Act, Adoption Assistance and Child Welfare Act, Title IV-E rewards to CPS from Social Security and the American Safe Families Act. Remember, they are not what the title sounds like and has been the root core of many loving homes losing their children to a system that will abuse them.

V. Make CPS legally investigate those who sign up to be foster parents. They do not do this today, and many foster parent who want the money for fostering them are actually child abusers who never get caught!

VI. All interviews to be audio and video recorded just like it happens with the police!

VII. Hold CPS Agents and foster parents and the records keeper responsible for every child who vanishes or dies in their care for their location.

VIII. Also investigate the person or persons reporting the abuse, and if done maliciously with intent to disrupt a family, prosecute the reporter to the fullest extent of the Law regarding making false claims to Government Agencies to affect an unnecessary and costly investigation.

IX. Abuse is a Crime, guarantee the accused retain their right to face their accusers in a court of law. As the system currently is, this is not done.

X. The Children are to be tracked on a weekly basis, so no more children vanish in the system.

XI. If a disabled, mentally retarded or sick Child is put into Foster Care, the Child's current Physician will need to provide a copy of the diagnosis and treatment, and medications, if any, will be provided as prescribed by the Physician. All appointments must be kept while in Foster Care. Any violations without a very good reason will result in the Foster Parents losing their certification for Foster Care.

XII. If a Foster Child dies while in Foster Care, there will be an Investigation by the FBI and all parties responsible for the Death of a Child will be prosecuted to the fullest extent of the law.

XIII. There will be a National Database where all known abusers are recorded and can be accessed by Law Enforcement. Everyone who is found not guilty won't have their Convictions and Abuse Reports listed. It will be illegal to keep records of any sort on innocent individuals or families. If they are convicted in a court of law by a jury of their peers, then the report of abuse they are guilty of will be the only report listed.

Currently, none of this is done, and innocent families who are not guilty of anything are losing their Children based on the word of others where there is no burden of proof for Prosecution, for the sake of getting Federal Funds for tens of thousands of dollars. The few truly abused children are ending up in a system where they are worse off than where they came from, even to the extent of being killed. Also, the innocent children who are never abused are also killed.

Injustice against one American is injustice against all Americans. Help us put the Justice back into Child Protective Services and get them focused on finding and saving abused children. It's time we removed them from the profitable business of tearing loving non-offending families apart.		CPS reform

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People signing the "CPS reform" petition!

  1. Mon., Feb. 8, 2010 7:39 PM    link TALIA P. | Spring Creek, NV

  2. Mon., Feb. 8, 2010 5:52 PM    link Name not displayed | Ormond Beach, FL

  3. Mon., Feb. 8, 2010 1:14 PM    link Name not displayed | Salt Lake City, UT

  4. Mon., Feb. 8, 2010 12:10 PM    link Jessica R. | Jamaica, NY

    ACS (NY Version of CPS) has stolen my children over allegations that were made flasely against me that i punched my son in the face. That same child is very close to me, very playful with me, and... although i don't like to admit this in front of my other three children, he is my favorite...*smile*. when they questioned him by himself, he only said, "Mommy, mommy said not to touch it"... referring to his mouth that he bruised up by running around in the dark bedroom of his that he shares with his brothers after i put my kids down to bed for the night, and he hit his mouth on his dresser drawer that was left open. He will even tell you himself what REALLY happened. they unlawfully snuck my child in a back room, took pictures of his mouth, questioned my three minor children, all under the age of 8 years old. two of which had speech delays at the time, so they could have coerced them to say anything, however, they lied and said my oldest son said that his brother hit his mouth on a chair, when he came to me and told me no, he told them the truth that he hit his mouth on the drawer. either way, no one is saying that i hit my son! CPS MUST BE STOPPED!!!! THEY EVEN MADE ME MOVE OUT OF MY HOME SO MY KIDS CAN LEAVE KINSHIP FOSTERCARE! I LIVE AN HOUR AWAY FROM MY KIDS NOW!!! I HAVE TO TAKE TWO BUSES JUST TO SEE MY KIDS BECAUSE OF STUPID ALLEGATIONS!

  5. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  6. Sun., Feb. 7, 2010 8:39 PM    link Frank C. | Cairo, NY

  7. Sun., Feb. 7, 2010 10:02 AM    link Name not displayed | Cincinnati, OH

  8. Sun., Feb. 7, 2010 8:19 AM    link bobbi m. | Vail, AZ

  9. Sun., Feb. 7, 2010 7:17 AM    link marcus b. | Tacoma, WA

    My son accused my wife and i of abusing him so that CPS would punish us for not letting him see a movie. when will CPS learn that children can lie too?

  10. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  11. Sat., Feb. 6, 2010 9:25 PM    link brittney u. | Belmont, NC

  12. Sat., Feb. 6, 2010 7:01 PM    link Candace B. | Burnside, KY

  13. Sat., Feb. 6, 2010 5:46 PM    link Dale K. | Riverton, UT

  14. Sat., Feb. 6, 2010 5:44 PM    link martha a. | Fresno, CA

    A social worker took









    '
    A social worker took my three girls that I
    raised, There was no reason to take them! the soical worker took them for personal reasons.

  15. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  16. Sat., Feb. 6, 2010 12:35 PM    link Name not displayed | Lynnwood, WA

  17. Sat., Feb. 6, 2010 11:20 AM    link Name not displayed | Memphis, TN

  18. Sat., Feb. 6, 2010 6:59 AM    link ren h. | Ellensburg, WA

  19. Fri., Feb. 5, 2010 10:43 PM    link Christine A. | Muskegon, MI

    I have been through this with other family members, wrongfully accused of abuse. and Forced to sign off their rights to their kids. here is a food for thought,40% of Judges admitted that they lied, and said said CPS had made "reasonable efforts" in cases where the judges really didnt believe it. in half those cases the judges admitted they lied because, if they didnt their county would have to pick up the federal share of the costs.. and if that's the proportion who will admit it on a survey..... (Michigan relies too much on foster care system), http://www.wzzm13.com/news/news story.aspx?storvid=105680&catid=14
    I could NOT believe this at all.... Even though I know better first hand. we all need to take a Stand... Give our Children back to their families, when at all possible! stop the madness. I am researching this topic for College, and came accross this site...I am in school for Criminal Justice, and am Hoping to really make a difference in this messed up way the world is in. ty

  20. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  21. Fri., Feb. 5, 2010 10:26 PM    link Name not displayed | New Richmond, OH

    CPS is plain and simple corrupt...They seem to make up rules as they go,show complete disregard for laws and have destroyed many families,all this sanctioned by family courts! CPS is out of control and the family unit as we know it is at stake if our lawmakers do not wake up and rein in this grossly bloated agency!

  22. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  23. Fri., Feb. 5, 2010 7:32 PM    link Name not displayed | Virginia Beach, VA

    My son and daughter were taken from my home in 2006. My kids were taken to the doctor to be examined and found to be in great health. 6 months later, my daughter started crying to come home, she was placed in another home, started on prozac, re-examined and found that she was sexually abused. My husband was charged. My husband had to sign over his rights which in turn I was forced to do the same to keep him out of prison. My son will be 18 next month, but my little one is 11. I will not stop fighting. I am in financial trouble because I fought for so long. I visited with her by myself and she cried every time she had to leave. She was never mistreated. There is way more to the story that is way stupid, for CPS. THEY ARE WRONG!!!!!!!

  24. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

  25. Fri., Feb. 5, 2010 1:05 PM    link elva n. | Salt Lake City, UT

  26. Fri., Feb. 5, 2010 12:19 PM    link Maggie B. | Bluefield, WV

    There is HOPE! I just got through dealing with the CPS in the state of West Virginia. I stood my ground with them and they had no choice but to drop the case. The initial investigator did not do her job by their guidelines. We must all come together in order for there to be any kind of reform.

  27. This comment has been reported to the site manager. It will be reviewed and removed if inappropriate. Thank you!

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