How can we ever stop this evil agency?
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.
Name of Client
United States citizens who are naïve to the ways of the Child Protective System and the courts, or perhaps not wealthy or connected, may inadvertently find themselves subjected to a nightmare. Many entities profit from the time a child first enters the “system”. What are some of the techniques CPS and the courts use, why does nobody hear about this problem and what is the outcome for the children and their families? How children are suffering harm by those with a duty to protect them.What harm do children and families suffer as a consequence of false accusations of child abuse?.
Last year over two million American families were falsely accused of child abuse!!
It is not in any one individual state but is now a worldwide epidemic.I don’t mean to disturb you but I really want people to be aware about that subject, because today, tomorrow, in the next half hour, it could happen to us too!
Very few children in America are genuine orphans. Most have relatives, family friends, neighbors or godparents who could, and are willing to, keep them if they must be moved temporarily or permanently from parental homes. As we know, there is such a halo around “adoption” and states have received financial incentives for finding “forever homes” for the children who are made Paper Orphans by a stroke of a judge’s pen. The child is labeled as abused and/or neglected and therefore is “at risk” and usually that means more money goes to the people who adopt the child, usually the ones in the pre-adoptive home where most babies are placed immediately. Those people have a say and can make comments along the way, so they are very much involved and interested in interrupting any chance that the baby will be returned home. If the baby stays in a “foster” home for 15 of 22 months, as you know from reading, then the termination can be effectively automatic by federal law and state incorporation of its provisions and sometimes that’s the excuse….
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
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 …
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.
Child Protective Services: Does It Help or Harm Families?
15 Comments | Add Comment
- CPS is a corrupt, …
CPS is a corrupt, racketeering industry that kidnaps children from innocent parents, drugs these children by billing Medicaid, and exploits these children through sexual slavery and creating an adoption market for homosexuals. This must be investigated and the criminal authorities prosecuted and imprisoned.
- Come from for Child …
Come from for Child “Protective” Services: Get paid with hard earned tax dollars to be a psychopath who destroys children and innocent parents!
- WOW… the system …
WOW… the system is realing be exposed for what it is.
Can you hear the last few gasps?
Stop destroying childrens lives!
- The Child …
The Child protection racket HARMS families. It traumatizes children, exposes them to predatory professionals and molds them into troubled adults who later fill the prison system. Don’t be fooled people! These videos are nothing more than propaganda.. they KNOW their time is running out
- PROPAGANDA… You …
You are losing you war of secrecy. The truth is being exposed. The system is crawling with pedophiles and child abusers. Children for funding is destroying the family as is the intent in the popular Social Worker Handbook (The Calhoun Reader) by Arthur Calhoun.
- The system is …
The system is corrupt and children our not your commodity… down with corporate child protection. Child Protection Workers and Lawyers who commit perjury and provide false affadvaits must be jailed.
- Google “Logan Marr” …
Google “Logan Marr” – she was another child, stolen from her mother, and killed by her CPS / foster “mother”. There’s many, many more cases like that.
- Well, since 5 times …
Well, since 5 times as many children are abused / murdered when they are in “care” it’s pretty obvious: child “protection” is a corrupt evil scam. Don’t get fooled by the “best interests of the child” lie.
- Social workers are …
Social workers are front liners for the real culprits behind the scenes.
- sick sick more sick
sick sick more sick
- If anyone can …
If anyone can stomach to watch this far enough, one example was a child taken from the start of life, and at the age of two, “He can say my name, by the way” only tells me just how much the child is being molded by them. Sounds like self promotion rather than family promotion. What does being able to say your name have to do with the family. Well, for those of us who know the truth behind CPS, we know that this vid is intended for the gullable and future victims.
- They have said If …
They have said If you have served in combat you have PTSD and you cant have children. over two hundred of us Vets have lost our children to this madness. Our reward for serving our country is the loss of our children. Most of us just screamed in our sleep and the next day CPS takes our children. How can one Gov. agency say PTSD is low enough that that you cant receive compensation but the CPS say’s its bad enough to loose you children forever! Dont serve your country any q’s call 4065912585
- We believe that …
We believe that they are here to help, until you get to know them. Never open your doors to them. Never answer their questions. They will/and do turn it against you and your family. They turn to profit their organization. Don’t be fooled. Families are only a tool for them to use and manipulate to reach monetary gains and bonuses, let alone the power trips that social workers get a high from. A social worker is never wrong. Just ask them.
- dont listen to …
dont listen to these people talking there full of s**t cps needs to be taken down
- cps is crap they …
cps is crap they lie bend the truth and they make false statments about what really happens i think they are all bulls**ters how can you live with yourselfs.dont listen to these people talking there full of s**t.we need to make change with these people and make them acoutable!!
Your email to the Governor’s Office was forwarded to me for response. This office responds to questions, concerns and complaints regarding Children’s Administration policies, procedures and activities.
Please contact me at 360-902-0770 or 800-723-4831 so I can assist in answering your questions and concerns further.
Children’s Administration, Program Manager
360-902-0770 (fax 360-902-0725)
This message may be confidential. If you received it by mistake, please notify the sender and destroy the message. All messages to and from the Department of Social and Health Services may be subject to public disclosure.
This is the response I receive from, Washington’s Governor. I asked her to please not to let anyone know about my complaint that had anything to do with, CPS, DSHS, or any part of the children’s administration. I asked her not to tell these agencies because I was afraid of the them and what they would do to me and my family.
Now my brother is facing two felonies. The charges are purely fictional charges, probably a hard copy already typed up to give to the prosecutor, or at least one version and it has no truth to it whats so ever. The charges are stories concocted from a CPS worker. She is again Knowingly
Prosecuting FALSE ALLEGATIONS;
Providing PERJUROUS Statements
and FALSIFYING REPORTS TO THE
I wounder what the courts would say to me if, like her, said “She has threatened to kill me.” I don’t think they would charge her with a crime, like they have me.
CPS not only took this child from her father, (they won’t give a reason), but also took this child from her grandparents. Yes the grandparents have also lived with this child since birth. They are both CPS approved and have loved and cared for the child since birth. CPS felt that the baby would be better off with strangers, even though the grandparents are approved by CPS, and it’s the *law that everything possible is done to prevent the child being removed from the home. It is also the law, if the child has to be removed from the home, relatives must be the first choice.
The laws were disregarded. The baby was taken from her home, from her “CPS Approved grandparents”, and there were not any other relatives even contacted as stated by law.
The office that has charges filed against me in, Jefferson County Superior Court. The same court that agreed that the Governor office now wants me to contact. She even gives one of the case workers names that aided in removing my niece to start with. I am sure between the criminal charges, trying to still get state custody of the baby, and any other lies they can conjure up, they would gladly help me with any concerns there might be with the way they are handling the case.
Here’s a copy of the email:
Thank you for contacting Governor Gregoire regarding your situation with Child Protective Services (CPS).
I understand your disappointment that previous communication was responded to by the Department of Social and Health Services’ Child Protective Services (CPS); however CPS staff has the expertise and access to information to address your concerns.
Port Townsend Division of Children and Family Services (DCFS) supervisor Robert Judd had attempted to contact you on August 12, 2008 regarding your case. I encourage you to contact Mr. Judd as he may be of assistance to you. His contact number is (360) 379-4335. Another contact who may also be of assistance is Child and Family Welfare Services (CFWS) Social Worker Karen Elliott; her number is (360) 379-4333.
Again, thank you for contacting Governor Gregoire.
Constituent Services Manager
Christine O. Gregoire
Isn’t that sweet. Make sure and tell everyone that is sabotaging the family, that we aren’t happy about their;
Intimidation; Coercion; Making
Threats; Mendacious Lying;
Malicious FRAUD; Knowingly
Prosecuting FALSE ALLEGATIONS;
Providing PERJUROUS Statements
and FALSIFYING REPORTS TO THE
COURT; Kidnapping our children
and HOLDING THEM FOR RANSOM;
Destroying Marriages, Destroying
Families, KIDNAPPING CHILDREN
from their Loving, SAFE HOMES to
be RAPED AND KILLED IN
Abuse of Authority under the
COLOR OF LAW, TREASON Against
the Constitution Of The United
BE SURE WHO YOU WANT TO VOTE FOR AND WHAT PARTY! DON’T THINK IT CANT HAPPEN TO YOU! YOUR CHILD AND FAMILY ARE AT RISK NOW. DO SOMETHING BEFORE YOUR BABIES ARE GIVEN TO STRANGERS! PLEASE HELP!!!!!!!!!!!
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