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Anderson social worker accused of lying about cases: What has happened to these kids?

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Written by
Deborah Yetter | The Courier-Journal

A former Anderson County state social worker who is charged with falsifying investigations of suspected child abuse and neglect — including some cases involving sexual abuse of young children — lied about her work and closed the cases as unfounded over a period of four years, according to new details filed in court.

In at least two cases, complaints were made about her handling of such cases — once in 2006 by a co-worker and another in a 2008 case by police involved in the investigation.

And in one case, the former worker, Margaret “Gerry” Murphy, admitted her actions “bothered” her because she believed an 11-year-old girl had been sexually abused, although Murphy had closed the case as unfounded, the court records show.

Yet it appears Murphy’s employer, the Cabinet for Health and Family Services, took no action, and last year Murphy, 60, resigned. Herpersonnel records, obtained by The Courier-Journal, reflect no allegations of misconduct or disciplinary action over allegations raised in the criminal charges.

Murphy, who was indicted Aug. 2 by an Anderson County grand jury on nine felony counts of tampering with public records, has pleaded not guilty. Murphy, who now lives in Florida, and her attorney have declined to comment on the case.

The cabinet had no comment Wednesday, said spokewoman Gwenda Bond.

The case is being handled by the office of Attorney General Jack Conway, who said in August he became aware of the alleged wrongdoing after a citizen complained to him about how Murphy had handled a case involving her family.

“As we began to review Murphy’s cases, we believe she falsified information in multiple cases that were assigned by the cabinet to investigate,” Conway said.

Additional details of the allegations are contained in a bill of particulars Conway’s office filed Wednesday in Anderson Circuit Court.

Terry Brooks, executive director of Kentucky Youth Advocates, said he didn’t know details of the investigation but said the allegations make him wonder about the impact on the children and families.

“What has happened to these kids?” he asked.

He said the case also raises questions about whether the cabinet received the information and, if so, whether officials acted appropriately. But he said it’s difficult to know because of the cabinet’s strict policy of confidentiality.

“I think that secrecy hurts their credibility rather than helps it,” he said.

The court records detail allegations in nine cases Murphy handled between 2006 and 2010.

Five involved cases of alleged sexual abuse of young children. In one case involving alleged sexual abuse of an infant, Murphy lied about evidence in the case and fabricated a statement from a state trooper over the initial allegation in 2007 of abuse of an infant by the mother’s boyfriend, according to the records.

Murphy closed that case as unfounded.

In 2010, the case was reopened with new allegations of abuse of the same child by the mother’s boyfriend. A state police officer reported that he believed Murphy’s actions in the first investigation allowed the abuse to continue, the court records said. The records said police and another agency complained about Murphy’s actions.

In 2006 a co-worker complained about Murphy’s handling of a case alleging neglect of children being unsupervised, the records said. Murphy admitted she falsely documented she had interviewed the parents, the records said.

In 2009, Murphy falsely reported that she had investigated allegations of two foster children being sexually abused by other children in the home and closed the case as unfounded, the records said.

And in another case in 2007, Murphy falsely reported she had investigated and found unsubstantiated allegations of sexual abuse of a 7-year-old child by a babysitter’s husband, the records said.

In that case, according to the records, she falsely claimed she and Lawrenceburg police had interviewed the alleged perpetrator, who passed a polygraph test.

 

 

Written by dawneworswick

October 20, 2011 at 8:22 pm

Posted in Uncategorized

CPS focus turns to children in shelters

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DES officials, attorneys from Calif. center to meet

7 comments by Mary K. Reinhart – Oct. 20, 2011 12:00 AM
The Arizona Republic

 

Top officials from Arizona’s child-welfare agency will meet with California child-advocacy attorneys about how to reduce the number of babies and young children living in crisis shelters and group homes.

Pressure from the San Francisco-based Youth Law Center helped to nearly empty Arizona shelters five years ago and place more children with foster families. Then, as now, the state’s overloaded child-welfare system was undergoing public scrutiny following highly publicized child injuries and deaths.

Attorney Carole Shauffer, the center’s executive director, said there’s now an even greater body of research showing the damage group care can do to small children removed from their homes because of abuse or neglect.
“We know even more about how bad this is for young children,” Shauffer said.

In a letter last month to state Department of Economic Security Director Clarence Carter, who oversees Child Protective Services, Shauffer said the center and the Annie E. Casey Foundation had used Arizona as a model for other jurisdictions seeking to reduce the number of foster children in group care.

But the influx of children into state custody in recent months and a net loss of hundreds of foster homes forced Arizona to ask shelter and group-home operators to begin caring for CPS children for the first time in years.

Shauffer said that trend needs to stop or the state could face litigation, as it did in 2006, based on state law and constitutional due-process rights.

“They’ve got a flood of kids,” Shauffer said. “They’ve got a mess.”

Decades of research shows that young children fare better with relatives or in family foster homes than in institutional settings, in part because of their need to establish a lasting relationship with one significant grown-up. Group care also is more expensive than family foster care.

State rules limit shelter placements to 21 days, with weekly reviews by a Juvenile Court judge required thereafter.

DES officials have agreed to meet with Shauffer on Dec. 6. They declined to be interviewed but in a written statement said, “We are committed to ensuring the best care possible for children who are in Arizona’s child-welfare system. We have had an ongoing working relationship with the Youth Law Center and will continue to work with them to achieve this mutual goal.”

Lawmakers also want to learn more about how children are doing in group care.

A joint legislative committee meets today to discuss three state audits on CPS, including recommendations to more quickly investigate reports of abuse and neglect in shelters, group homes and residential treatment centers.

As of Aug. 31, the latest figures DES provided, among the nearly 1,500 children in group settings, there were 23 babies and children younger than 4 living in shelters and 10 children younger than 7 in group homes.

That compares with March, when 16 children younger than 4 years were in shelter care, and group homes housed two children younger than 7.

Marsha Porter, who runs the 15-bed Crisis Nursery in Phoenix, said most of the young children she’s cared for in recent months are part of sibling groups. She said a few days in a shelter, particularly to keep siblings together and assess their well-being, is fine for children.

Porter and Chris Scarpati, founder and CEO of the East Valley Child Crisis Center, said they’re also getting CPS children so traumatized that their first foster families couldn’t handle them.

Porter said she’s turning away 20 to 30 requests for CPS placements every month.

Shauffer’s company has worked around the country to eliminate group care for children younger than 3 and has successfully sued to close shelters in Los Angeles and elsewhere.

In 2006, Maricopa County shelters were housing nearly 100 babies and young children, following a 60 percent increase in the number of foster children since 2002.

But with financial and technical help from the Casey Foundation, and pressure from the law center, state officials brought those numbers to near zero.

Reach the reporter at maryk .reinhart@arizonarepublic.com.

Read more: http://www.azcentral.com/arizonarepublic/local/articles/2011/10/20/20111020cps-focus-turns-to-children-shelters.html#ixzz1bM1l25vp

Written by dawneworswick

October 20, 2011 at 8:04 pm

Posted in Uncategorized

Senator Wants Answers From Department of Juvenile Justice’s Use of Drugs

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Ronda Storms cries foul on use of psychotropic drugs in youth facilities.

By MARGIE MENZEL
THE NEWS SERVICE OF FLORIDA
Published: Wednesday, October 19, 2011 at 10:22 p.m.
Last Modified: Wednesday, October 19, 2011 at 10:22 p.m.

TALLAHASSEE | The Department of Juvenile Justice has run afoul of a key senator over the use of psychotropic drugs on youth in its lockup facilities, and the question of whether the agency takes concerns about the issue seriously enough.

Sen. Ronda Storms, R-Brandon, chairwoman of the Senate Committee on Children, Families and Elder Affairs, scolded agency officials earlier this week after they responded to questions about DJJ’s policies on medicating children without mentioning the agency’s internal investigation into the practice.

She also ordered agency officials to fill her in on details of their prescribing practices and update her on the investigation, which representatives of the department were unable to do during a committee meeting on Tuesday.

While DJJ acknowledges that 34 percent of minors in its system are on psychotropic medication, the agency’s secretary, Wansley Walters, didn’t appear before Storms’ committee, and another DJJ official made no mention in testimony to the panel that Walters had thought the problem serious enough that in May she ordered the investigation.

That investigation is still under way, but agency officials’ failure to acknowledge it drew a rebuke from Storms at a committee meeting Tuesday.

“I’m asking you questions about your prescribing practices,” she said. “Why wouldn’t you say, ‘Senator, we know there’s an ongoing investigation into our use of psychotropic drugs for disciplinary purposes?’?”

DJJ’s Gayla Sumner replied that it is against agency policy to use mind-altering drugs for discipline or punishment, which opponents of the practice describe as “chemical restraint.”

“We have that written multiple times in our policies,” Sumner said, “and we agree with you that it should not happen.”

Meanwhile, a family practice physician who works with three DJJ facilities in the Tampa Bay area, told the same committee that the use of psychotropics, in general, has become both safer and more effective.

“We know a lot more about brain functioning in children,” said Dr. Phyllis Anderson.

“We have better medication, with less side effects, that are able to locate the specific area of the brain that is malfunctioning.”

Anderson said the drugs help children succeed in school and prevent them from hurting themselves.

But Storms said the drugs have lasting consequences. “Aside from the effects on the human body, any child who’s ever been on any psychotropic drug is not eligible for the military,” Storms said.

She also noted that DJJ’s 34 percent medication rate was much higher than the 14.8 percent rate of use of medication reported by another agency, the Department of Children and Families.

“Our children in [DCF] care have been badly burned, some of them have been starved, some of them have been sexually molested, some of them have been abandoned,” she told Anderson. “Your [DJJ] population cannot be more needy. Everyone in our population has had some form of maltreatment.”

Storms instructed DJJ to schedule a meeting with her, update her on its prescribing practices and internal investigation and then come back to the committee.

Written by dawneworswick

October 20, 2011 at 7:32 pm

Posted in Uncategorized

CSB, group in meeting dispute

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October 20, 2011
By ADAM FERRISE – reporter (aferrise@tribtoday.com) , Tribune Chronicle | TribToday.com

WARREN – An attorney aiding the relative of a 13-month-old girl who authorities say was raped by two relatives inside the Trumbull County Children Services agency now is helping several people who claim their rights were violated Tuesday by CSB members who made it mandatory they sign their names before entering the open meeting. The agency says the policy is in place to protect the children the agency houses.

Attorney David Engler, who is representing Loretta Banks in her fight against CSB, is expected to file a lawsuit today against the agency claiming they violated Ohio’s Sunshine Laws pertaining to open government meetings.

Engler, who helped a Niles resident file a citizen’s complaint with the Warren police department, said by requiring those who wanted to attend the meeting to sign in, the agency placed illegal restrictions on who can attend.

“It’s intimidating for some people who want to go to the meeting,” Engler said. “That begs the question: What are you going to do with that information? Do a background check? They obviously let sexual offenders in the building as we saw with the Beemer case.”

Engler referred to the criminal case involving Cody Beemer, 22, and Felicia Banks Beemer, 21, of Austin Avenue S.W., Warren. Both have pleaded not guilty on counts of raping the 1-year-old girl while on a supervised visit inside the Children Service’s building at 2282 Reeves Road.

Cody Beemer, who is accused of recording the crime on a cell phone in mid-July, was classified as a sex offender as a juvenile. The couple also faces charges of pandering sexually oriented material involving a minor for the videos on the phone. They also are charged with raping an 18-month-old boy and recording it with a cell phone.

The girl has been in the custody of Children Services since the day she was born.

Engler has asked Trumbull County Prosecutor Dennis Watkins to appoint an independent prosecutor to investigate any potential wrongdoing on the agency.

CSB Director Nick Kerosky said it’s been the agency’s policy for at least 20 years to have people attending meetings, whether they are employees or members of the general public, sign in. Tuesday’s meeting was held in the same building that houses the children because they were anticipating a large turnout for the meeting, he said.

Kerosky said a state attorney general’s decision specifically said a government agency can require a sign in sheet at open meetings.

“We put that in place for the safety of our children,” Kerosky said, “especially at this heightened time, it’s even more important to protect our children.”

Kerosky produced a sign-in sheet from September meeting that several of those who were denied access had signed.

“People in the past have walked right in and because getting criticism, you make them sign in, which is clearly illegal,” Engler said. “Just because you violated the law last time, doesn’t mean you can do it again.”

The complaint says 10 people, including Patricia J. Paridon, 415 Maple St., Niles, were denied access to Tuesday’s meeting. Paridon, in a written complaint to Warren police, said when she asked to see the policy, it was never produced.

She said Mark A. Massucci, a CSB special investigator, told her she would be arrested if she persisted in trying to attend the meeting without signing in.

Police said they tried to mediate the situation, telling the group they could get in the meeting if they only signed the sheet. Ohio’s Sunshine Law says law enforcement officers do not have the ability to force a government agency to permit access to an open meeting.

Doers Baptist Church Associate Pastor Tom Razum of Novelty, one of the 10 people, said, “They were trying to have the director come out. Normally, I go in without any problems. CSB just didn’t want to let us come in without signing.”

Razum said he and a few others were there because they wanted to know what is being done about the 13-month-old.

 © Copyright 2011 Tribune Chronicle | TribToday.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Written by dawneworswick

October 20, 2011 at 6:37 pm

Posted in Uncategorized

Speaker Outlines New DHS Strategy, Rep. Nelson to Lead Effort

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Dana Lawhon Says:

“Jason Nelson is a yes man for DHS he made that very clear on the news last night. He said he didn’t think that problems in DHS had to do with any of the workers that he believes they are all good people doing a good job. I called his office and told him that until they are willing to admit and fix all the problems in DHS they can’t possibly fix it. I also told him that I would be glad to share my files with him so he could see what really goes on.”

WEDNESDAY, OCTOBER 19, 2011

Speaker Outlines New DHS Strategy, Rep. Nelson to Lead Effort

Speaker Kris Steele
R-Shawnee
OKLAHOMA CITY – House Speaker Kris Steele and a bipartisan group of five representatives today unveiled the first steps of a strategy to reform the Oklahoma Department of Human Services.
The House’s aggressive, four-pronged strategy is designed to improve DHS through significant study of and potential reforms to governance structure, agency structure, personnel policy and resource allocation. The plan is in response to a shared desire between House members, agency officials and other stakeholders to improve delivery of services by DHS, particularly for children in state custody.
“Today we begin working together to find a better way,” said Steele, R-Shawnee. “The Legislature has made incremental DHS reforms over the years, but more improvements are needed. The comprehensive reform we seek is only achievable if we all truly cooperate and work toward a common goal. It won’t be easy, but what we’re saying today is we’re going to buckle down and get there together.”
Steele has asked a bipartisan group of five representatives to engage in a strategic review of DHS to develop policy to consider next legislative session.
Governor Mary Fallin released a statement today after the announcement.
“When I appointed Brad Yarbrough and Wes Lane to the DHS commission, I asked them to pursue reforms that would allow the agency to better protect our children and increase accountability, transparency and efficiency,” Fallin said. “The goals outlined today by Speaker Steele, a bipartisan group of legislators, and agency officials is the logical next step in that process.”
Leading the group will be Rep. Jason Nelson, R-Oklahoma City, who has spent this summer and past years reviewing DHS to look for potential reforms. Other members of the group are Reps. Pam Peterson, R-Tulsa, Pat Ownbey, R-Ardmore, Rebecca Hamilton, D-Oklahoma City, and Wade Rousselot, D-Okay. All members of the group have certain areas of expertise in human services.
“Make no mistake: This is no typical legislative committee. There will be no sitting in hearings making motions and watching PowerPoints all day,” Nelson said. “DHS faces serious challenges that necessitate us getting out of the Capitol and into the field.”
The group will operate in a unique manner, with much of its work occurring in small meetings with DHS workers in the field, where the group will observe how policies are implemented and analyze organizational strengths and needs. The group will also meet with other agency officials and leaders, DHS commissioners and other stakeholders.
“The Legislature already has a wealth of knowledge about this agency, so there is no need to duplicate what we’ve already done. Instead, we’re taking a somewhat outside-the-box approach,” Nelson said. “I’m confident this is exactly the type of approach needed in order to achieve real reforms that ensure DHS delivers the results Oklahomans expect. Our sense of urgency could not be any higher.”
The group’s meetings with workers will be private to allow for candid conversation and disclosure of sensitive information. The group will also engage in an in-depth study of the agency’s structure and resource allocation to determine if better results could be achieved through reorganization and reprioritizing resources. A public report on the group’s findings will be presented during a public meeting sometime next year.
Steele said DHS reform will be a policy priority in the House next session.
“My expectation is one I believe most Oklahomans share, and that is to do whatever it takes to produce serious improvement at DHS,” Steele said.
Officials at DHS – the largest agency in state government – pledged to give the group the access it needs to the agency in order to do its work.
“We thank Speaker Steele and the House for their willingness to work together to find solutions and look forward to assisting in every way possible,” DHS Director Howard Hendrick said. “This process will do a lot of good and I’m glad to be part of it.”
DHS commissioners also expressed support for the group’s plans.
“We are fully committed to building a better DHS for the 21st century and appreciate the opportunity to collaborate with Speaker Steele and all legislators in this process,” said incoming Oklahoma Commission for Human Services Chairman Brad Yarbrough. “It won’t be easy, but the best work never is. We stand ready for the challenge.”
The Oklahoma Public Employees Association also expressed support for the House plan.
“We appreciate these representatives for their willingness to get out of the Capitol to spend time with the workers who are on the ground protecting Oklahoma’s children,” said OPEA Executive Director Sterling Zearley. “The front line employees’ unique perspective and their experience will be valuable in this critical process.”
Rep. Ron Peters, chairman of the House Appropriations and Budget Subcommittee on Human Services, said he is appreciative of the work the group plans to do.
“I am thrilled to see my colleagues and DHS working together on solutions. It’s the right thing to do and I commend them for it,” said Peters, R-Tulsa. “I stand ready to assist in any way.”
“As a state, we must all work together to prevent the abuse and neglect of our most vulnerable citizens,” Fallin said. That’s especially true when it comes to child abuse and the heart-breaking deaths of children in state custody. We have, unfortunately, seen too many instances of both recently, and the current results are unacceptable. Today’s announcement puts us on a path to reform our systems of child welfare and better protect vulnerable Oklahomans.”

CONTACT INFORMATION

Oklahoma House of Representatives
Oklahoma State Capitol, Room 301
Oklahoma City, OK 73105
405-557-7335 Office
jason.nelson@okhouse.gov

Skype: jasonnelsonok

Written by dawneworswick

October 20, 2011 at 6:32 pm

Posted in Uncategorized

Legal Child Abduction: How the Government Profits by Stealing Your Children

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http://articles.mercola.com/sites/articles/archive/2011/02/05/legal-child-abduction.aspx

By Dr. Mercola

Father Assaulting His Son

Child abuse is a horrific act, no matter how you define it.

That’s why we have so many laws, and public and private agencies, set up specifically with the charge to protect children and maintain their safety. It’s exactly why so much funding is directed toward this goal.

But did you know that the money funneled to states andchild protective services actually encourages them to accuse you of child abuse and even murder, and to take your children, even if you’re not guilty, and even though they have absolutely no proof that you harmed your child?

The Legal Abduction of Children

Horrendous as it sounds, it’s true: child abuse has become a business – an industry of sorts – that actually pays states to legally abduct your children and put them up for adoption!

Even more unbelievable is that, instead of pumping the money back into child protective serviceprograms, some states actually are putting it into their general funds to help balance their budgets.

A number of groups have tried to reform this shady practice, but it was a California politician who caught media attention this past summer, when he said that, if elected, he would expose how local governments were amassing billions of dollars in annual reimbursements, in exchange for what amounted to legal abduction of children.

“Most people are not aware of how much profit many of these services provide the county,”John Van Doorn told a San Diego newspaper“These profits are hard to ignore and even more difficult to pass up.

Counties can bring in thousands of dollars in excess revenue for each child in foster care, Van Doorn said – which means they have more incentive to remove children from their families than to keep families intact. “As such … our county government is a major factor in the dismantling of families and/or destruction of children’s lives,” he said.

He then cited San Diego CPS for “egregious behaviors” that included accusing parents of child abuse without any evidence.

The ugly truth is that San Diego isn’t the only community where false accusations of child abuse occur. Across the nation, the practice has become so blatant that some of the leading experts on child abuse and foster care have started to cry “foul.”

About the Child Abuse Prevention and Treatment Act (CAPTA)

The Child Abuse Prevention and Treatment Act (CAPTA) is the federal law on which almost all state and local legislation and funding for child protective services are based. Enacted in 1988, CAPTA directs the U.S. Health and Human Services’ Administration for Children & Families to provide grants to communities for child abuse prevention programs.

As a federal mandate, CAPTA mandates states to implement child abuse laws on their own, so they can align themselves for the massive funding and grants that go along with the law.

In theory as the years went by, if the goal for this law – to reduce child abuse in this country – had been successful, then today we should need less funding for these programs, not more. Success also should have resulted in fewer children in foster care and even fewer being put up for adoption.

But in reality, the opposite happened. Instead of less children in foster care, the numbers went up for nine years after CAPTA was passed. And, layers and layers of state and federal government programs and agencies whose funding depends solely on child abuse occurring were created.

In 1999 foster care numbers started dropping – but only because of new laws that encouraged states to move children out of foster careand into adoptive homes.

Of course, that legislation came with funding too, giving CPS a new avenue for making more money and creating more jobs and more programs. The tragedy is what Van Doorn pointed out in his campaign: the financial incentives for rooting out child abuse actually encourage agencies to make false accusations against parents, and to tear families apart for something that did not occur.

How this Law Actually has Increased Child Abuse Reports

What happened in San Diego is not an anomaly, nor is it new. In 1991, the bi-partisan National Commission on Children had already figured out that children were being taken from their families “prematurely or unnecessarily” because federal formulas give states “a strong financial incentive” to do so rather than provide services to keep families together.”1

As a result, the federal government and a number of states created legislation that was supposed to keep more families together. But as the National Coalition for Child Protection Reform (NCCPR) reports, those efforts only disrupted more families, and encouragedmore adoptions.

Again, the reason is financial: the new laws give “bounties to states of up to $8,000 or more per child  for every adoption they finalize over a baseline number,” NCCPR reports. And again, all the help goes to foster and adoptive parents. “About the only parents the federal government won’t help indefinitely are birth parents,” NCCPR found.

But the injustices don’t stop there, because in order to get that money, states have to have children to take away and place – and therein lies the incentive to falsely accuse parents of harming their children and to forcibly remove children even when there is no evidence to do so.

“CPS nationally are doing a job they’ve never been trained to do,” says Kim Hart, a trial strategist and facilitator who has been assisting attorneys in defending persons accused of child abuse for more than 18 years. They’re investigating people who have never been charged, and calling them child abusers, and taking kids away, and they get paid to do it.

This mechanism is bigger than what most people know. It goes all the way back to the 1980s with legislation that told states they had to develop registries with mandatory child abuse reporting.”

The money that follows a child abuse accusation and subsequent placement of the so-called endangered children into foster care or adoption is the real catalyst for the epidemic of child abuse accusations, Hart said.

“And there is no incentive for any physician or anybody involved to be intellectually honest about this because the law also gives them immunity if they’re wrong,” she said.

“So what happens is that the minute CPS is involved – or the second the EMTs are called (for example, in sudden infant death or alleged shaken baby cases), parents are already labeled as child abusers.”

How are States Spending this Extra Money?

According to NCCPR, in FY 2010 the federal government is expected to spend at least $7 more on foster care and $4 more on adoption for every dollar spent to prevent foster care or speed reunification. This is based on President Obama’s $4.681 billion foster care budget for FY2010 – an increase of $21 million over FY2009. The number represents a decrease of 4,300 children a month in foster care.

But this decrease is based on “placement of children in more permanent settings.” In other words, states are getting more money to take care of fewer children by placing more of them in adoptive homes.

The law also increases incentives for adoption by paying out $1,000 to $8,000 extra for certain types of children who are placed for adoption.

The twist is that states are not required to put this money back in to keeping families intact or even for preventing child abuse. Instead, by law, they can use it for non-child-related things, such as delivering meals to senior citizens or for transportation services, or a range of other home-based services!

In San Diego, Van Doorn couldn’t get a direct answer when he demanded that city officials tell him where their $4,000 per adopted child was going. But a look at any state’s budget – from Minnesota to Florida to Connecticut and back to California – can tell you that local governments and states are cutting back or flat-lining children’s services and using these extra federal dollars to balance their budgets .

Not Enough Abused Children? Change the Definition of Child Abuse

This certainly is a convoluted way to stop child abuse, if for no other reason than it’s a form of child abuse to tear families apart and take children away from parents who are accused of doing something they didn’t do. It also doesn’t explain one of the newer definitions of child abuse that came along after CAPTA was enacted, Shaken Baby Syndrome (SBS).

Reliable statistics on SBS do not exist, but according to the National Shaken Baby Coalition (NSBC), as many as 1,500 babies a year are shaken by their parents, and either severely injured or killed.

While the numbers may not seem exceedingly large, they still add another arena in which CPS can seize children from their parents, and place them in adoptive homes – and claim the booty that the federal government gives them for doing this.

On the Backs of Children, an Industry Based on Child Abuse has Arisen

In San Diego, CPS proudly announced that due to their efforts, child abuse reports had gone down. But again, Van Doorn busted them – the numbers went down, he said, because the public had begun to catch on to the county’s recent court cases they’d lost in conjunction with false child abuse allegations.

When you apply this same thinking to the national statistics, it makes you wonder how many other states and local municipalities are dealing with false allegations.

The truth is staggering, according to Hart, and is so prevalent that countless blogs have popped up addressing the problem, as well asentire websites devoted to helping people who’ve been falsely accused of child abuse.

Shaken Baby Syndrome – A Convenient Catch-All to Steal Babies Away?

Shaken Baby Syndrome has become an industry in itself, according to Dr. Edward Yazbak, a physician who has devoted the past 10 years to studying the issue and testifying as an expert witness on behalf of parents he believes are innocent of this crime.

“This is an inverted pyramid,” Yazbak says. “It’s an idea that has been added to and added to, but does not stand to science.

This shaken baby business has come out of nowhere and become an epidemic, and it’s the other side that’s making money – the child protective services, the funding, the grants that all these people get.

It’s obviously a very popular and passionate thing with them. But they’re literally convicting people before they’re even accused. It’s the only crime in the world like this, and many of these parents are perfectly innocent.”

A short Internet search can show you what Dr. Yazbak is talking about. Hundreds of private adoption agencies around the nation are totally dependent on public welfare services supplying them with children – and funds – to keep their “businesses” going.

Likewise, hundreds of state, county and community agencies and governmental jobs are dependent on the same thing – legally abducting children to pay for the programs that have sprung up in the name of protecting children.

Again, the numbers tell the story:

In 1990, two years after CAPTA was created, nearly 2.6 million children nationwide were reported as abused and/or neglected, and referred for investigation.  Despite the law, six years later, in 1996, 3 million children were reportedly abused, and under CPS “investigations.” Today the number varies, depending on how federal authorities define child abuse. Under one definition, statistics show that the numbers have dropped by nearly a third.

But with a “more inclusive” definition, the numbers have stayed the same at about 3 million – or about 1 in every 25 children. In a 2010 report to Congress, the Administration on Children & Families explained how the numbers figure in the face of other data showing a decline in child abuse.

But no matter how you interpret them, or whether the numbers have the stayed the same or dropped, the Congressional report doesn’t explain why the President and Congress have continued to inflate budgets with more money to take children away from their families.

So what can you or I do about it?

According to Hart, this is an issue that can’t be fixed with a single article or a few phone calls. It’s a national problem that’s gone on for decades, that needs local and federal pushes to change the laws that made these injustices possible.

Coincidentally, CAPTA is up for renewal in 2011, with billions more of your money proposed for the kinds of child abuse “prevention” that I’ve talked about here.

In an effort to change this, I encourage you to study the links I’ve included in this article, and then contact your legislators and ask them to take a closer look at the monster that CAPTA has created.

While sunsetting the law or stopping its funding is probably only a dream, Hart believes it’s possible that with enough pressure, you can lobby to have the “immunity” clause removed from this, so that at the very least, agencies who falsely accuse parents of child abuse can’t do so without being held responsible.

References:

1 National Commission on Children, Beyond Rhetoric: A New American Agenda for Children and Families, (Washington, DC: May, 1991) p.290.

Related Links:

  Child Abuse by the Government
  The Hidden Truth: Why the Government Wants Your Kids on Cholesterol Drugs
  Congressman Ron Paul on Washington’s Dirtiest Secrets

http://www.gather.com/viewArticle.action?articleId=281474979023713

CPS Being Paid to BreakUp Families?

February 05, 2011 06:56 PM EST (Updated: February 05, 2011 07:05 PM EST)

views: 386 | 11 people recommend this comments: 20

Do you remember when the politician in California caught media attention talking about the corruption of CPS?  He said that if he was elected, he would show how local governments were benefiting – big time – for the “legal” abduction of children.

From: The Child Abuse Laws Which Could Destroy Your Reputation

“Most people are not aware of how much profit many of these services provide the county,” John Van Doorn told a San Diego newspaper“These profits are hard to ignore and even more difficult to pass up.

Counties can bring in thousands of dollars in excess revenue for each child in foster care, Van Doorn said – which means they have more incentive to remove children from their families than to keep families intact. “As such … our county government is a major factor in the dismantling of families and/or destruction of children’s lives,” he said.

He then cited San Diego CPS for “egregious behaviors” that included accusing parents of child abuse without any evidence.

The ugly truth is that San Diego isn’t the only community where false accusations of child abuse occur. Across the nation, the practice has become so blatant that some of the leading experts on child abuse and foster care have started to cry “foul.”

Here’s only part of the story:

The Child Abuse Prevention and Treatment Act(CAPTA) is the federal law on which almost all state and local legislation and funding for child protective services are based. Enacted in 1988, CAPTA directs the U.S. Health and Human Services’ Administration for Children & Families to provide grants to communities for child abuse prevention programs.

As a federal mandate, CAPTA mandates states to implement child abuse laws on their own, so they can align themselves for the massive funding and grants that go along with the law.

In theory as the years went by, if the goal for this law – to reduce child abuse in this country – had been successful, then today we should need less funding for these programs, not more. Success also should have resulted in fewer children in foster care and even fewer being put up for adoption.

But in reality, the opposite happened. Instead of less children in foster care, the numbers went up for nine years after CAPTA was passed. And, layers and layers of state and federal government programs and agencies whose funding depends solely on child abuse occurring were created.

In 1999 foster care numbers started dropping – but only because of new laws that encouraged states to move children out of foster care and into adoptive homes.

Of course, that legislation came with funding too, giving CPS a new avenue for making more money and creating more jobs and more programs. The tragedy is what Van Doorn pointed out in his campaign: the financial incentives for rooting out child abuseactually encourage agencies to make false accusations against parents, and to tear families apart for something that did not occur.

How this Law Actually has Increased Child Abuse Reports

What happened in San Diego is not an anomaly, nor is it new. In 1991, the bi-partisan National Commission on Children had already figured out that children were being taken from their families “prematurely or unnecessarily” because federal formulas give states “a strong financial incentive” to do so rather than provide services to keep families together.”

As a result, the federal government and a number of states created legislation that was supposed to keep more families together. But as the National Coalition for Child Protection Reform (NCCPR) reports, those efforts only disrupted more families, and encouragedmore adoptions.

Again, the reason is financial: the new laws give“bounties to states of up to $8,000 or more per child  for every adoption they finalize over a baseline number,” NCCPR reports. And again, all the help goes to foster and adoptive parents. “About the only parents the federal government won’t help indefinitely are birth parents,” NCCPR found.

But the injustices don’t stop there, because in order to get that money, states have to have children to take away and place – and therein lies the incentive to falsely accuse parents of harming their children and to forcibly remove children even when there is no evidence to do so.

“CPS nationally are doing a job they’ve never been trained to do,” says Kim Hart, a trial strategist and facilitator who has been assisting attorneys in defending persons accused of child abuse for more than 18 years. They’re investigating people who have never been charged, and calling them child abusers, and taking kids away, and they get paid to do it.

This mechanism is bigger than what most people know. It goes all the way back to the 1980s with legislation that told states they had to develop registries with mandatory child abuse reporting.”

The money that follows a child abuse accusation and subsequent placement of the so-called endangered children into foster care or adoption is the real catalyst for the epidemic of child abuse accusations, Hart said.

“And there is no incentive for any physician or anybody involved to be intellectually honest about this because the law also gives them immunity if they’re wrong,” she said.

“So what happens is that the minute CPS is involved – or the second the EMTs are called (for example, in sudden infant death or alleged shaken baby cases), parents are already labeled as child abusers.”

How are States Spending this Extra Money?

According to NCCPR, in FY 2010 the federal government is expected to spend at least $7 more on foster care and $4 more on adoption for every dollar spent to prevent foster care or speed reunification.This is based on President Obama’s $4.681 billion foster care budget for FY2010 – an increase of $21 million over FY2009. The number represents adecrease of 4,300 children a month in foster care.

But this decrease is based on “placement of children in more permanent settings.” In other words, states are getting more money to take care of fewerchildren by placing more of them in adoptive homes.

The law also increases incentives for adoption by paying out $1,000 to $8,000 extra for certain types of children who are placed for adoption.

The twist is that states are not required to put this money back in to keeping families intact or even for preventing child abuse. Instead, by law, they can use it for non-child-related things, such as delivering meals to senior citizens or for transportation services, or a range of other home-based services!

In San Diego, Van Doorn couldn’t get a direct answerwhen he demanded that city officials tell him where their $4,000 per adopted child was going. But a look at any state’s budget – from Minnesota to Florida toConnecticut and back to California – can tell you that local governments and states are cutting back or flat-lining children’s services and using these extra federal dollars to balance their budgets .

Click above to read more.

This might explain how the family in New Jersey had their children taken from them.

A family needing our prayer and support

Abuse is a serious thing and when CPS takes children from their parents for no reason, they are participating in abuse themselves.  Besides, while they’re busy concentrating on families that don’t need help, they are neglecting the children and families who do need help.

This is why the federal government needs to be reduced, not expanded.  This would not be happening if there were not “rewards” being issued by the federal government.

Written by dawneworswick

October 20, 2011 at 12:44 am

Posted in Uncategorized

Writ Of Mandamus Against The Trial Court Judge

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Writ of Mandamus in Family Law Cases

On occasion a trial court may abuse its discretion with respect to rulings onfamily law cases so as to warrant an immediate review by a higher court. This process is called a writ of mandamus against the trial court judge making the incorrect ruling or abuse of discretion.

To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court clearly abused its discretion and he has no adequate remedy by appealIn re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex. 2008) (orig. proceeding). A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). In determining whether the trial court abused its discretion in the resolution of factual matters, the court of appeals may not substitute its judgment for that of the trial court and may not disturb the trial court’s decision unless it is shown to be arbitrary and unreasonable. In re Sanders, 153 S.W.3d 54, 56 (Tex. 2004) (orig. proceeding) (per curiam). Therefore, the relator must establish that the trial court could have reached only one decision. Walker, 827 S.W.2d at 840. An abuse of discretion does not exist if the trial court bases its decision on conflicting evidence and some evidence supports the trial court’s decision. IKB Indus. (Nigeria) Ltd. v. Pro‑Line Corp., 938 S.W.2d 440, 445 (Tex. 1997); Ruiz v. Conoco, Inc., 868 S.W.2d 752, 758 (Tex. 1993).

Appellate courts do not generally overrule trial court rulings, especially when conflicting evidence are submitted by opposing parties. Such was the case in the recent ruling by the 14th Court of Appeals last February in the case of In Re John W. Small who asked the higher court to compel the presiding judge of County Court at Law No. 1 of Galveston County, to set aside her October 31, 2008 order finding relator in contempt for failing to pay court-ordered temporary spousal support to real party in interest, Murriah S. McMaster, and to to reverse her November 1, 2005 order awarding temporary spousal support to McMaster. Because the trial court did not abuse its discretion, writ of mandamus was denied.

http://www.austindivorcelawattorney.com/Austin_Divorce_and_Family_Law_Blog/2009/November/Writ_of_Mandamus_in_Family_Law_Cases.aspx

Written by dawneworswick

October 19, 2011 at 11:37 pm

Posted in Uncategorized

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