State’s Child Protection Agencies Collude with Judges to Defraud Federal Government

September 14, 2008

State’s Child Protection Agencies Collude with Judges to Defraud Federal Government
© Nev Moore Jan. ‘02

In 1974 Walter Mondale initiated CAPTA (the Child Abuse Prevention and Treatment Act), the legislation that began feeding federal funding into the state’s child welfare agencies. With remarkable foresight Mondale expressed concerns that the legislation could lead to systemic abuse in that the state agencies might over-process children into the system unnecessarily to keep, and increase, the flow of federal dollars. Shortly after CAPTA was enacted there was a dramatic increase in the number of children in foster care, peaking at around 500,000 during the mid-70’s. George Miller, the Chairman of the federal Select Committee on Children, Youth, and Families, initiated an intensive investigation of the nation’s foster care system after the effects of CAPTA started to become apparent by the soaring numbers of children who were being placed in foster care. An official at the U.S. Department of Health, Education, and Welfare admitted to Miller that the government had no idea where many of the nation’s 500,000 foster children where living, what services they were receiving, if any, or if any efforts were being made to reunite them with their families.

To address the obvious free-for-all snatching of children that CAPTA had stimulated, the Committee crafted new federal legislation with the intent of creating accountability and clearer guidelines for the states child welfare agencies. During the crafting of P.L. 96-272 Chairman Miller’s concern was that the federal government was footing the bill for warehousing children in institutions and inappropriate settings without accountability. In 1980 the Adoption Assistance and Child Welfare Act, P.L. 96-272, was enacted. The act included provisions that “reasonable efforts” be made to prevent children from being unnecessarily removed from their homes and placed in foster care. Although CPS has always tried to buffalo the media and the public that they are involved with families due to some sort of horrific child abuse or neglect, there has never been any debate among national policy makers, researchers, and federal agencies that the vast majority of CPS cases are due to poverty or frivolous/social reasons and do not contain elements of real child abuse. If the cases did actually involve acts of abuse they would be criminal, identified and investigated by law enforcement, rather than social workers, and would be prosecuted as such. P.L. 96-272 came into effect partly because Congress determined that a large number of children were being unnecessarily removed from their homes, and, once removed, they were lost in the limbo of foster care for years, many until they just grew too old, when they were then put on the streets at the age of 18.

The Child Welfare League of America testified before a senate subcommittee: “In fact, there were many instances then, as now, of children being removed unnecessarily from their families. It is important to recognize that children are almost always traumatized by removal from their own families.” So, accountability from each states child protection agency was also written in. To receive the federal money the states would have to submit an annual report to the federal government, known as an AFCARS report, that specifically accounts for each child in state care. ACLU Children’s Rights Project attorney, Marcia Robinson Lowry, explained in her testimony to Congress: “As a condition of federal funding, states must have a reasonable information system to identify children in federally-funded state custody.” These requirements were implemented in 1980. Up until 1999 some states were still not filing their federally required AFCARS report to the federal government. According to Jeffrey Locke, former Commissioner of the Massachusetts Department of Social Services, the excuse to the legislature was that they “couldn’t figure out how to
work their computer system.”

When I called Senator Therese Murray in 1998 to ask how many children had died in foster care in Massachusetts, her aide replied: “We don’t have those statistics.” At that time Senator Murray was the Senate Chair of the Committee on Health & Elderly Affairs, and therefore responsible to oversee the collection and filing of AFCARS data.

The “reasonable efforts” requirements were designed to address these issues by requiring the states child welfare agencies to have specific investigation and assessment policies to minimize frivolous removals, to provide “services” to address and ameliorate conditions that were detrimental to the child’s well-being; to place children with relatives when removal from the home was absolutely necessary; and make efforts to reunite families in a timely fashion. Methods to audit and track compliance with federal requirements were also built in. The states were to establish “citizen review panels” comprised of a specifically designated representation of the population which would include not only members of collateral professional communities involved in child protection, but “parents, foster parents, and former foster children.” Each state was to have at least three citizen review panels. The panels would essentially act as a standing jury of peers and would review CPS cases. Twenty years after P.L. 96- 272 went into effect the citizen review panels have never been established in most states.

Another means of creating accountability was to have the federal authority, U.S. Department of Health & Human Services, conduct compliance audits, which are known as Section 427 reviews. The method of enforcement that Congress devised to ensure that the states followed the federal law was to provide incentive funds to the states that documented their compliance with the federal regulations. The states would self-certify compliance, but could be subjected to “periodic” 427 reviews by the Dept. of Health & Human Services. Were the states to find themselves in non-compliance they would simply return the incentive funds. It would seem that providing cash to agencies that are allowed to self-document compliance is a somewhat less than intelligent system. It would be interesting to track down exactly how much money the states child “protective” agencies have returned to the government because they found themselves in non-compliance. Gee, maybe this is rocket science.

Like CAPTA, P.L. 96-272 could only have worked if the federal government demanded compliance and meticulous accountability, and them imposed sanctions for non-compliance. Even better – criminal charges for racketeering for intentional fraud. Mark Soler, director of the National Youth Law Center in California explained:

“The Department of Health & Human Services has failed to promulgate meaningful regulations to implement the Adoption Assistance and Child Welfare Act. It has applied even the minimal federal regulations that were developed in an inconsistent and arbitrary manner, and only token implementation of the laws protecting children.’

Even when HHS finds overwhelming evidence of lack of compliance during 427 reviews, no sanctions are imposed and they continue to keep the fed $$$ pouring in – in violation of their own regulations. Not so much as a slap on the hand or even token admonishment. Certainly explains how CPS developed their arrogance and contempt for any authority – because there is none. Their confidence that they are free from the feds insisting on compliance with the law is well illustrated by the foster care numbers which increased dramatically after CAPTA began feeding federal dollars into the states child protection agencies, then dropped equally dramatically after the enactment of P.L.96-272, which was supposed to create more specific federal regulation and accountability. However, once the state agencies saw that the federal government was not enforcing compliance, the foster care numbers soared once again.

Michael Petit, Deputy Director of the Child Welfare League of America, stated in his testimony before Congress: “A 427 is a meaningless process for most of the states. It represents no kind of sanctions to the states whatsoever for non-compliance.” Marcia Robinson Lowry told Congress: “States are passing HHS audits with systems in which no reasonable person could consider that children are being well treated. It is virtually impossible to fail a 427 audit.”

The initial concept of “reasonable efforts” was the only conclusion that any rational person could come to: rather than disrupt children’s lives, and traumatize them by seizing them from non- abusive situations and placing them with strangers (who are often no better, and sometimes far worse), assist families in overcoming their obstacles and problems by providing support and services. The idea never worked, though, because it has always been more profitable to too many to remove children rather than keep them at home. Rather than offer support and simple, practical services to families CPS forged contracts with vendors. Now private businesses, under the guise of “service providers”, could mushroom into existence knowing that their sugar daddy, CPS, would provide a never-ending flow of coerced clients. The market potential is unlimited – potentially every mother, father, grandparent, and child in the country. Rather than offering practical, meaningful services that are germane to the families circumstances, CPS clients are ordered to engage in “services” with CPS-contracted vendors; special interest groups who are dependent on CPS for their income and profit by maintaining the levels of children in foster care, and whose interests are protected by a bureaucracy intent on securing it’s own survival and protecting unlimited growth.

The extent of which CPS is allowed to continue to operate while being so far out of compliance with the existing state and federal laws is mind boggling. It would be a challenge to find any other agency in our countries history that operated in such gross and blatant violation of the law with absolutely no intervention from the administration. Tens of millions of tax dollars are being squandered on a system that is destroying families and causing lifelong emotional ruin to children – and those are the lucky ones who live through it.

The most egregious area of outright criminal fraud is CPS’s practice of filing their federally required documentation of compliance in secrecy through the courts. The federal foster care reimbursements are channeled through the Title IV-E section of the Social Security Act. Each states child welfare agency enters into a contract with the federal government, which is referred to as their Title IV-E state plan. It is this contract that spells out the responsibilities that CPS must, by law, comply with in order to receive their federal funding. To document compliance with the fed regs CPS must file a form through the courts in each individual case. In Massachusetts these forms are referred to as a “29-C.” 42 U.S. Code, ss 672 reads:

“These requirements are not mere formalities. The Finance Committee of Congress, in preparing its summary for final passage of the Adoption Assistance and Child Welfare Act of 1980, P.L. 96-272, stated; ` The Committee is aware of allegations that the judicial determination requirement (sic: that a judge makes a determination that a child needs to be removed from the home) can become a mere pro forma exercise in paper shuffling to obtain federal funding. While this could occur in some instances, the Committee is unwilling to accept as a general proposition that the judiciaries of the States would so lightly treat a responsibility placed upon them by federal statute for the protection of children.”

1980 U.S. Code Cong. and Admin. News: “A judicial determination of those efforts (reasonable efforts, as defined in the Act) serves to closely examine, in the case of each individual child, whether reasonable efforts were made to keep the family intact.” In accordance with the federal requirements the Massachusetts legislature enacted G.L. c.119 ss 29b, which requires all judges to certify that the Department of Social Services met the obligation grounded in the federal statute of making reasonable efforts to protect the child short of removing him or her from the parents, and, if the child was removed, making it possible for the child to return home in a timely manner. Rather than “closely examining”, in Massachusetts this grave responsibility is carried out by judges by rubber stamping stacks of 29c forms that simply contain three “yes” or “no” check boxes. In many instances making three check marks is even too much work for Massachusetts judges and they rubber stamp the forms while leaving them blank – never mind actually verifying that the “reasonable efforts” were made. In return for these forms DSS receives it’s federal money.

The three questions are:

1. Continuation in the home is contrary to the well being of the child?

2. Reasonable efforts have been made prior to the placement of the child to prevent or eliminate the need for removal of the child from his/her home?

3. Reasonable efforts have been made to make it possible for the child to return to his parent/guardian?

I discussed this issue a few years ago with Veronica Melendez at the Children’s Bureau (the federal authority). She told me that the federal government was under the impression that all parties were present in the court room at the time of the filing of the 29c’s, so that the parents attorneys had the opportunity to object, rebut, or verify the “reasonable efforts.” In reality, no one sees the federal forms except the judges and a representative of DSS’s main legal department. Attorneys ask us how we ever “got our hands on” the 29c forms, as we have never yet met an attorney who has seen the forms, let alone have been notified of the filing hearing. We even have forms on which the “no” boxes were checked, yet the children were still removed from their homes and federal funds collected for them.

By seizing children illegally in violation of the Title IV-E requirements, then filing false documents in secrecy through the courts to obtain federal funding, CPS is defrauding the federal government with intent. CPS should be subject to investigation and prosecution by the U.S. Attorneys Office. They should be held liable for the restitution of all illegally obtained funds, and prosecuted for perjury, obstruction of justice, and the fraudulent collection of federal funds under the False Statements and Accountability Act of 1996, P.L. 104-292 110 stat 3459, 42 U.S.C.S. 670-679a; P.L. 96-272; C.F.R. part 1356; and Title IV-E. I have discussed this issue with the Inspector Generals Office and they felt it could possible be prosecuted under RICO, yet they have also failed to act, possibly because it isn’t just CPS/DSS who is committing federal fraud, but also the judges who are signing the documents.

In 1988 George Miller, the original architect of P.L. 96-272, and Chairman of the congressionally appointed Select Committee on Children, Youth, and Families, recognized the fraud being committed in the name of child “protection”, and stated:

“What has been demonstrated here is that you have a system that is simply in contempt. This system has been sued and sued and orders have been issued and they just continue on their merry way. And HHS just continues to look the other way. You have a system that is not only out of control, it’s illegal at this point. What you are really engaged in is state sponsored child abuse.”

From FBI Investigating This CPS Office!, 2008/09/14 at 3:08 PM

Child Protective Services Corrupt History

September 14, 2008

March 22, 2013

THERE IS NO WAY TO WIN

April 4, 2012

For those of you first dealing with CPS, in my opinion, just don’t sign anything that gives them control of your children, don’t let them in your home without a warrant, and don’t talk to them. They are the enemy and they are not looking out for the children. They give judges false information to obtain warrants. Try and find out what information they said to get a warrant if they do.

If you don’t talk to them, they make threats. That’s all they are, threats. Don’t give them any information. They will twist it and rewrite it as they understood what you said, which is usually has nothing to do with what you were really saying. Don’t trust your lawyer. He is on their side too.  Do the research and tell him what you want him to do, don’t let him talk you into something you don’t want to do, or would even be the worst things you could do.

Fight and make them prove everything they say. If there was real child abuse going on it would be a criminal matter. If they can’t charge you with a crime, then there is no child abuse taking place. Don’t be afraid and don’t let them wear you down. Best of luck.

There is some very good information about fighting CPS here.

October 25, 2011

Fighting Child Protective Services False Accusations<br />
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Fight CPS Legal Document & Information Library

This Fight CPS Legal Document & Information Library often refers to pages within our FightCPS Message Board Forum. In order for some of the links to work you must be (1) registered, and (2) logged in – at the message board.

This library contains forms and information on legal procedures. I will add more links as I find them.

Remember:

(1) Do not give CPS any self-incriminatory information on affidavits, declarations, or other legal documents.

(2) All information found at FightCPS is used at your own risk. If possible, consult an attorney for help.

(3) These are just sample documents and links to information. You will need to draft your own documents using whatever details are pertinent to your case.

(4) There’s a lot more information on the message board than I’ve linked to on this page. You can start a search for more legal document information here: Alphabetical Index.

(5) If we don’t have what you need, maybe we can find it, or draft a sample for you. The message board is the place to ask for help finding a legal document sample. You can also request feedback on your case.

Declarations

Declaration of Facts

Objections and Corrections to the Report of the Social Worker

Appeals – Declarations

Sample Appellant Brief

Briefs

Appellant Brief – Sample

Legal Briefs in Child Welfare

Civil Rights

Petition For Removal of Case to Federal Court

Indian Child Welfare Act

ICWA is a disaster for many families

Class Action Lawsuits

Class Action Lawsuits – News and Links to Sample Documents

Judicial Opinions

How To Read A Judicial Opinion

Appeal re: Motion to File a Belated Appeal After TPR

Non-custodial parents’ rights

The county is not immune from federal civil rights lawsuits

Judicial Opinions on Appeals From Termination of Parental Rights (TPR) Hearings

What constitutes ‘Imminent Danger’?

Kinship Care

How to Get Grandparent Custody

Lawyers

The Agenda of Court Appointed Attorneys

Motions

Motion Bank

Motion For A New Trial

Motion To Strike

More on the Motion to Strike

Sample Court Form For Motions

Motion to Suppress Anticipated Hearsay Testimony

Notice of Intent to Sue

Notice of Intent to Sue

Objections

Essential Objections Checklist

Request for Case File

Request for Production of Documents

State Laws

State child protection statutes and CPS Handbooks

Suing – False Reports

Suing Those Who Make False Reports to CPS

Writ of Habeus Corpus

How to Write a Writ of Habeus Corpus

Will Anyone Help With a Class Action Law Suit Against CPS?

September 27, 2011

I am far from being a lawyer and have no idea how to really fight this section of our government, but if we don’t they will go on destroying families.  Please someone help start a class action suit against “Child Parent Separators”.  They traumatize innocent children all in the name of the old mighty dollar. We all need to put a stop to this, if anyone can help please do.   Thank you, Charlotte

cbliss@gmail.com

Everyone Needs To Start Fighting

August 31, 2011

Child Protective Services can take your children too. CPS has come to believe they are above the law and the Constitution, that they do not need a search warrant to come into your home, label you as a child abuser for any reason and make you a criminal based upon their opinion alone, take your children away in a paddy wagon, and put your kids into foster homes pending a court hearing where CPS will try their best to win and permanently take custody of your kids. If CPS loses, they will continue to fight you, slandering your family and listing you as a child abuser in government databases.

CPS is an abusive government agency spiraling completely out of control. It’s time to shut them down.

The unlawful removal of 468 children from the FLDS ranch in west Texas, has put CPS under the microscope. That case has led others to wonder if they can do that to FLDS children, can CPS do that to my children?

CBS 42 investigative reporter, Nancy Wilson, shows us one family who says the same thing happened to them, and eight years later they are still trying to clear their names.

This is the Gates family, Gary and Melissa have 13 children, 11 of them adopted. They saw a need for kids from a variety of backgrounds who need love in a stable home.

Imagine their surprise when 11 government employees, 6 police officers and 5 CPS workers, showed up on their doorstep.

The school called CPS when they discovered that the Gates pinned a baggy with food wrappers inside the shirt of one of the kids that was caught stealing. It included a two page explanation and who to call if there were questions.

The school did make a phone call, to CPS. Gates was shocked to find CPS workers in his home uninvited, especially when CPS refused to leave.

“How can you take 13 kids? That opened my eyes to a whole new way of government.” – Gary Gates

CPS & Police completely ignored the 4th Amendment Constitutional rights of Americans, entered the Gates home, and took away all 13 of their children, without a court order, after a mere phone call. This is a very similar situation to the FLDS raid, except that the phone call that Texas Department of Family and Protective Services (CPS) used to kidnap the FLDS children was a hoax.

Later in court, the reason CPS gave for taking the Gate’s children was that CPS felt that Mr. Gates was uncooperative with them taking away his children, and his unwillingness to cooperate put the children at risk.

Fortunately, the judge ordered the children returned immediately. An independent psychologist conducted his own review and wrote a glowing report, saying, “I’ve never said this about anyone I have evaluated: I admire the Gates, I would not hesitate to place my own children in their care.”

However, even though the judge ordered the case dismissed, and the independent review was praiseworthy, CPS did not care. CPS called the praiseworthy review disappointing and continued to fight the Gates anyway, listing them in the state’s central registry as child abusers.

Even though the Gates were innocent, CPS claims that because their opinion is that the the father emotionally emotionally abused one child by punishing him, and since all the kids saw it, that equals 13 counts of abuse. And, because the wife did not stop it, that equals another 13 counts of abuse for a grand total of 26 counts of child abuse.

The Gates were never charged with any crime, they are guilty based solely on the opinion of CPS.

The Gates have spent the past 8 years and $175,000 trying to get their names removed from the child abuser registry after CPS unjustly listed them.

CPS’ unlawful and massive FLDS raid of the polygamist community’s children may actually result in more Americans becoming aware of these abuses within CPS and the government.

U.S. politicians, such as Barack Obama, Hillary Clinton, John McCain, George Bush, Mitt Romney, Mike Huckabee, do not represent any true change for 2008 elections or US government.

One of the few congressmen consistently standing up for and voting for the Constitution, the rights of the people, and liberty, is Republican Congressman Ron Paul. If you don’t know who he is, take some time to watch some of his videos on YouTube, or read his book The Revolution, you just may be amazed like the rest of us. It’s time to take America back and live by the Constitution, before it collapses as a bankrupt empire.
1. Categories: News & Events
Comments on
Child Protective Services: CPS & Police Abuse Constitution, Invading Homes, Kidnapping Children, Ignoring Courts, and Criminaliz
15 Comments | Add Comment
• cps sucks donkey …
cps sucks donkey boner! these people do whatever they want and it doesn’t matter what outside professionals say you’re good parents they don’t care! they just want to be right, and go after the thousands of dollars in bonuses these cases give them. they wanna go to hawaii, who gives a s**t who’s lives they ruin as long as they have their 2 months holidays. makes me sick!
By stopCPSabuse [Affiliate User] 4 months ago Reply Spam Moderate Up Moderate Down
• Not only …
Not only unConstitution ,but unAmerican and the fact they can over ride the court system their also Nazi like. Taking children because one Moron who works for CPS says so dont even come close to being a fact. The fact their going to go to Hell for destroying loving familys is more likly.
By wtfcares001 [Affiliate User] 4 months ago Reply Spam Moderate Up Moderate Down
• I think CPS had th …
I think CPS had th right to take the kids from the cult. but not the kids from the gates family.
FLDS is a cult D= they were indicted for sexual abuse to the children so CPS made a good call on that one.
But like all news it is bias. Which is why I dont watch the news.
By Karategata [Affiliate User] 4 months ago Reply Spam Moderate Up Moderate Down
• My organization… …
My organization…watch my channel.
By patiencepoet [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• The news report is …
The news report is biased and fails to mention that emotional abuse can only be proven by a pycholgist.
By crazydan806 [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• Fantastic. Everyone …
Fantastic.
Everyone has is starting to fight back against child protection.

This is wonderful news.
CP has to be made accountable.
By UKSecretCourts [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• Congratulations to …
Congratulations to these CBS reporters. They are extremely rare indeed. These abuses by CPS have been going on for decades and the secrecy is akin to the nazi holocaust. Are people going to wait until the monsters are knocking on their door when it’s too late?
By firestartersRus [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• I was a Juvenile …
I was a Juvenile sexual/physical abuse detective for 3 years. I began running into CPS corruption in 2000. I fought in court to get these kids back. Not successful. CPS is out of control. I have found the children they are taking are all white and don’t know why. Thank you for helping the El Dorado children!!! Susie
By subiesisters [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• Who is Serenah’s …
Who is Serenah’s Angels?
By uo1 [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• This is war… …
This is war…Serenah’s Angels can help!
By patiencepoet [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• ,I feel sorry for …
,I feel sorry for people like this doing great things for teens and to be falsely accused f**k all state governments
By undercovamum [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• this is out of …
this is out of control and they advertise the carers as “carers needed” and they have their own laws its global corruption and a lot of f**ken s**t they need to start doing more investigations like this one abut on a global effort as its like ther tall poppy syndrome,kids are taken unneedlessly and the ones who abuse them have a corrupt way of
By undercovamum [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• NO decent person …
NO decent person would ever let some demon inspired puke come in and kidnap their kids. You know the truth. Don’t ever stand for that.
By freedommv1 [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• Can we sue CPS?
Can we sue CPS?
By f8cleopatra [Affiliate User] 5 months ago Reply Spam Moderate Up Moderate Down
• Wondering…if you …
Wondering…if you are a family member denied to intervene if you have a right to appeal that judge’s denial to intervene. I’m going through this.

Don’t Ever Sign Anything Admitting Accusations

August 31, 2011

CPS takes children with threat and court appointed attorneys that tell you to give custody to them. If there is real child abuse, their would be criminal charges. Never sign anything by giving CPS the power over your children. Fight for your rights!!

Some how cps or better called Child Parent Seperaters

March 30, 2011

How can we ever stop this evil agency?

Don’t ever let CPS in your home and don’t ever talk to them

December 8, 2010

I was informed by a lawyer, you don’t have to let CPS in your and you should never let them in, without a warrant. Never talk to them or let your children talk to them. Every case is different, but in my opinion he is right. The lawyer told me that’s how they get a warrant, by rewording what is said and what they see. If you have not done anything wrong do not sign anything giving up any of your rights. If you have abused your children, it is a criminal matter and will be settled in criminal court.

CPS Workers Get Bonuses, But Their Accounting System Doesn’t Record it That Way

September 13, 2009

Just look at the first few paragraphs of this report. It shows:

The data contained in this report may not agree with the FY 2007 budget and accounting records

Why?

the cost of furnishing personnel in lieu of cash are included in the grants data, but are recorded as personnel service costs in accounting records

Here’s the whole report:

ForEwOrd

The Department of Health and Human Services (HHS) is the principal United States (U.S.) government agency for protecting the health of all Americans and providing essential human services to those in need. As one of the largest federal departments, the nation’s largest health insurer, and the largest grant-making agency, HHS represents almost a quarter of all federal outlays and administers more grant dollars than all other federal agencies combined. HHS manages an array of grant programs in basic and applied science, public health, income support, child development, and health and social services. Collectively these programs are the Department’s primary means to achieve its strategic goals and objectives, described in the FY 2007-2012 HHS Strategic Plan (see Appendix A). The top 50 programs by award amount are identified in Appendix B.

To realize these goals HHS forms partnerships with other federal departments; state, local, and tribal governments; academic institutions; hospitals; the business community; nonprofit and volunteer organizations including faith-based and community-based organizations; and foreign countries and international organizations. The primary vehicle used in these partnerships is a grant. Grants are financial assistance awards that provide support or stimulation to accomplish a public purpose authorized by federal statute. The primary beneficiary under a grant or cooperative agreement is the public, as opposed to the government. Unique to the HHS Indian Health Service (IHS) are Public Law 93-638 Title V Compact and Title I Contract awards, which are self-determination funding agreements. Compacts are explained further in the IHS portfolio section of this report.

This report is the annual summary of grants HHS awarded during Fiscal Year 2007 (October 1, 2006, through September 30, 2007). The purpose of this report is to provide an overview of the Department’s grant programs, which are described in the Catalog of Federal Domestic Assistance (CFDA) (www.cfda.gov). The source of the grant data is the Tracking Accountability in Government Grants System (TAGGS), the Department’s central grant funding information database. Annual grants reports for fiscal years 1997 through 2006 are located at the TAGGS Web site (http://taggs.hhs.gov/AnnualReports.cfm).

This report does not include technical assistance, which provides services instead of money; other assistance in the form of loans, loan guarantees, interest subsidies, or insurance; direct payments of any kind to individuals; or contracts which are required to be entered into and administered under procurement laws and regulations.

By aggregating this grant information into this single report, we hope to provide a more complete and useful understanding of the Department’s grant awards. This report provides grant award information in four sections: Overview, Mandatory Grant Awards, Discretionary Grant Awards and Operating Division (OPDIV) Grant Programs.

U.S. Department of Health and Human Services

Office of the Secretary
Office of the Assistant Secretary for Resources and Technology
Office of Grants

Table of Contents

Foreword……………………………………………………………………………………………………………………….. 2
Table of Contents……………………………………………………………………………………………………………. 3
Notes on Methodology, TAGGS……………………………………………………………………………………….. 4
Section I. Overview…………………………………………………………………………………………………………. 5
Organizational Chart…………………………………………………………………………………………….. 7
Grant Awards By Operating Division………………………………………………………………………. 8
Section II. Mandatory Grant Awards………………………………………………………………………………… 10
Section III. Discretionary Grant Awards by Financial Assistance Type………………………………… 16
Section IV. Operating and Staff Division Grant Portfolios
Administration for Children and Families (ACF)……………………………………………………… 22
Agency for Healthcare Research and Quality (AHRQ)…………………………………………… 24
Administration on Aging (AoA)……………………………………………………………………………… 25
Centers for Disease Control and Prevention (CDC)……………………………………………….. 27
Centers for Medicare & Medicaid Services (CMS)………………………………………………… 30
Food and Drug Administration (FDA)……………………………………………………………………. 32
Health Resources and Services Administration (HRSA)…………………………………………. 34
Indian Health Service (IHS)…………………………………………………………………………………. 36
National Institutes of Health (NIH)………………………………………………………………………… 38
Office of the Secretary (OS)
Office of the Assistant Secretary for Planning and Evaluation (ASPE)………….. 41
Office for Public Health and Science (OPHS)……………………………………………. 43
Office of Global health AFFAIRS (OGHA)…………………………………………………. 46
Office of the Assistant Secretary for Planning and Evaluation (ASPR)………….. 48
Substance Abuse and Mental Health Services Administration (SAMHSA)………………… 50
Appendix A. HHS Strategic Goals and Objectives…………………………………………………………….. 52
Appendix B. HHS Grant Programs………………………………………………………………………………….. 53

Notes on Methodology, TAGGS

The grant information contained in this report is from the HHS TAGGS, which contains data generated by the HHS grant-making operating divisions (OPDIVs) and several staff divisions (STAFFDIVs) within the Office of the Secretary (OS). For purposes of this report, OS is considered an OPDIV. Developed and maintained by the Office of Grants (OG), TAGGS is the Department’s central repository for all HHS grant award data.

TAGGS currently tracks obligated grant funds of mandatory and discretionary grant programs at the primary transaction level. HHS grant-making OPDIVs submit grant award data to the TAGGS database monthly and annually. Other data submitted to TAGGS include grant recipient demographic (e.g., type of organization, address); funding and grants payments, managed in the Payment Management System; and descriptive program information included in the CFDA Web site. (www.cfda.gov).

The OG maintains a public Web site (http://taggs.hhs.gov), where users are able to view standard TAGGS-generated reports and to query the database. This TAGGS Web site is used by HHS staff, congressional offices, other executive agencies, potential and current grant recipients, and other interested parties for a variety of informational purposes. Some commonly searched TAGGS fields are congressional district, grant program name, recipient (grantee) name, recipient location (state, city, zip, and/or congressional district), awarding OPDIV, transaction amount (or sum of transactions), and fiscal year.

The data in this report reflect all grant awards obligated during FY 2007. The number of grants is a count of awards or projects receiving grant funds. This report also includes funds deobligated in FY2007 that were awarded in prior fiscal years. Deobligations are downward adjustments to previously awarded obligations, representing cost revisions, corrections, or award cancellation. However, any deobligations to FY 2007 Awards occurring in subsequent fiscal years will not be contained in this report.

The data contained in this report may not agree with the FY 2007 budget and accounting records (e.g., Medicaid’s accounting adjustments) for several reasons. For examples: 1) the grant award data may include reobligations of prior years’ funds in addition to current year funds; 2) the cost of furnishing personnel in lieu of cash are included in the grants data, but are recorded as personnel service costs in accounting records; and 3) jointly funded grants are included in accounting records, but are not included herein unless awards are made by HHS programs.

The dollar amounts set forth in this report for each OPDIV may also differ from the amounts shown in the each OPDIV’s Budget Request (“Preliminary Budget Submission to HHS,” the “Justification of Budget Estimates to OMB,” and the “Justification of Estimates for Appropriations Committees”). Percentages used throughout the report may not add up to exactly 100% due to rounding and other minor adjustments.

Section I. Overview

The Department of Health and Human Services awards approximately 60% of the federal government’s grant dollars. HHS awards two types of grants: mandatory and discretionary. Mandatory grants are those that a federal agency is required by statute to award if the recipient, usually a state, submits an acceptable state plan or application, and meets the eligibility and compliance requirements of the statutory and regulatory provisions of the grant program. Discretionary grants are those that permit the federal government, according to specific authorizing legislation, to exercise judgment, or “discretion,” in selecting the applicant/recipient organization, through a competitive grant process.

Over three quarters of HHS’s budget is comprised of mandatory programs. Medicare, Medicaid, State Children’s Health Insurance Program (SCHIP), and Temporary Assistance for Needy Families (TANF) are the largest HHS mandatory programs, providing a total of approximately $600 billion annually in health and human services to over 80 million Americans. Medicare and Medicaid are the nation’s largest health insurance programs assisting states, healthcare providers, and individuals in the provision of adequate health care for those in need. Although Medicare and Medicaid are entitlement programs, Medicare is directly administered by HHS and state governments. TAGGS does not track such direct payments; thus, they are not included in this report.

Other HHS health programs encompass biomedical research, training of biomedical research scientists and health professionals, support of health professional schools, development and delivery of health services, disease prevention and health promotion programs, and construction of research, educational, and health facilities.

HHS social service programs provide support to every group of Americans, including children, youth, families, and the elderly. As a social service program, TANF provides block grants to states to provide benefits and services to low income families with children. In addition to providing cash benefits to needy families, states use TANF to provide a wide range of benefits such as child care and transportation aid and activities to help reduce out-of-wedlock pregnancies to support two-parent families. Other HHS social service programs to improve the social and economic well being of those in need include refugee assistance, enforcement of child support orders, foster care and adoption, prevention of child abuse and neglect, Indian tribal services, Head Start programs, youth at-risk prevention, and other programs and initiatives targeted toward improving the social and economic well being of those in need.

The following HHS OPDIVs/STAFFDIVs administer and manage over 300 grant programs which are described in the Catalog of Federal Domestic Assistance (www.cfda.gov). In this report, Agency for Toxic Substances and Disease Registry awards are included in the Centers for Disease Control and Prevention grant funding data.

ACF – Administration for Children and Families
AHRQ – Agency for Healthcare Research and Quality
AoA – Administration on Aging
ATSDR – Agency for Toxic Substances and Disease Registry
CDC – Centers for Disease Control and Prevention
CMS – Centers for Medicare & Medicaid Services
FDA – Food and Drug Administration
HRSA – Health Resources and Services Administration
IHS – Indian Health Service
NIH – National Institutes of Health
OS/ASPE – Office of the Secretary/Assistant Secretary for Planning and Evaluation
OS/OPHS – Office of the Secretary/Office of Public Health and Science
OS/OGHA – Office of the Secretary/Office of Global Health Affairs
OS/ASPR – Office of the Secretary/Office of the Assistant Secretary for Preparedness and Response
SAMHSA – Substance Abuse and Mental Health Services Administration

Organizational Chart

The following organizational chart shows the structure of HHS.

GRANT AWARDS BY OPERATING DIVISION

FY 2007 Total Dollars: $273,301,411,087
FY 2007 Total Awards: 76,088
FY 2007 Total Recipients: 11,725

OPDIV
Awards
%
Awards
Dollars
%
Dollars
ACF
7,899
10.38
$45,238,834,935
16.55
AHRQ
339
0.45
$88,424,530
0.03
AoA
1,086
1.43
$1,355,120,415
0.50
CDC
3,167
4.16
$4,037,343,122
1.48
CMS
573
0.75
$192,028,184,295
70.26
FDA
108
0.14
$30,380,660
0.01
HRSA
6,119
8.04
$5,281,558,538
1.93
IHS
600
0.79
$171,458,993
0.06
NIH
53,480
70.29
$21,263,484,000
7.78
OS/ASPE
5
0.01
$3,093,802
0.00
OS/OPHS
438
0.58
$372,752,471
0.14
OS/OGHA
9
0.01
$4,807,501
0.00
OS/ASPR
101
0.13
$481,820,913
0.18
SAMHSA
2,164
2.84
$2,944,146,912
1.08
Total
76,088
100.00
$273,301,411,087
100.00
In FY 2007, HHS awarded $273.3 billion in grants. This included $40.2 billion in discretionary awards and $233.1 billion in mandatory awards.

CMS, which administers the Medicaid Program, awarded 70% ($192 billion) of the total HHS grant funds, representing less than 1% of the total number of grants.

ACF awarded the second highest percentage (16.5%, $45.2 billion) of the total HHS grant funds, which represents 10% of the total number of grants.

NIH awarded 70% (53,480) of the total number of HHS grants, totaling $21 billion, in FY 2007. This represents 53% of the discretionary grant funds, but only 8% of the total HHS grants funds.

OPDIV Grant Funding: Mandatory and Discretionary Totals
OPDIV
Mandatory
Discretionary
Total
#
%
Dollars
%
#
%
Dollars
%
#
%
Dollars
%
ACF
3,013
65.20
$37,624,670,128
16.14
4,886
6.84
$7,614,164,807
18.96
7,899
10.38
$45,238,834,935
16.55
AHRQ

339
0.47
$88,424,530
0.22
339
0.45
$88,424,530
0.03
AoA
841
18.20
$1,307,696,737
0.56
245
0.34
$47,423,678
0.12
1,086
1.43
$1,355,120,415
0.50
CDC
104
2.25
$92,928,932
0.04
3,063
4.29
$3,944,414,190
9.82
3,167
4.16
$4,037,343,122
1.48
CMS
338
7.31
$191,401,916,760
82.10
235
0.33
$626,267,535
1.56
573
0.75
$192,028,184,295
70.26
FDA

108
0.15
$30,380,660
0.08
108
0.14
$30,380,660
0.01
HRSA
92
1.99
$555,342,206
0.24
6,027
8.43
$4,726,216,332
11.77
6,119
8.04
$5,281,558,538
1.93
IHS

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CPS PLACEMENT, FALSE ACCUSATIONS, FIGHT CPS, LIES, HELP

August 22, 2009

I saw this letter and I think everyone should think about their innocents.  Try to fight with what you can.

If I were to write a letter to an attorney in a new CPS case, it might go something like this:

You have been appointed to represent me as an attorney in the county juvenile court. Be on my side; I need your help. I am fighting for the release of my three children from state custody. I am innocent of any wrongdoing. The caseworker made assumptions about me that are false. My children need to be at home with me, for their well-being – mentally, emotionally, and physically.

While you are my attorney, please keep in mind that you are working for me, not for the county that pays you. As my attorney I expect you to give me the best legal representation available. I therefore request face-to-face meetings with you at least once monthly to make sure you are actively working on my case, and not letting it slide between the cracks.

I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.

I’m hereby asking that you take my case to trial and make the caseworker prove all charges. Since they are false charges, I think it would be in my best interest, and the best interest of my children, if I were to fight to prove my innocence with a full trial. Do not under any circumstances ask me to plead guilty to false charges against me.

As you know, parents involved in CPS cases have to complete a ’service plan’ yet many do so and still do not get their children returned. I would like to avoid doing any kind of ’services’ and request that you refuse all services, and/or force the caseworkers to prove the need for any services requested. I do not want to be in the position of many parents in these cases forced to have psychological evaluations when there is no evidence of mental illness, or forced to do drug testing when there’s no evidence of drug abuse. Please honor my request, protect my best interests, and see that my time is not wasted by unnecessary court-ordered ’services’. Of course they would also be a waste of taxpayer money. Do everything you can to resist these services in my case. As you are my attorney I’m trusting you to fight these issues individually and fiercely.

I expect you to be 100% aware of what is happening with my case at all times, and to inform me immediately of any changes.

I expect you to obtain and share with me a complete copy of the case file including all case narratives.

I expect you to help me compile substantial evidence to prove my innocence in this case by preponderance of the evidence.

I expect you to produce legal paperwork including a complete response to all caseworker reports, declarations supporting my side of the case, and other documents as needed, and to present those documents to the judge or juvenile court referee who hears our case.

I expect you to do everything you can to prevent my name from being included on the central index, blacklisting people from working with children. I am innocent and my name should not be included on that list.

Please respond to my requests in writing within ten days; I will need your written response for my records in this case.

Sincerely,

Name of Client


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