Posts Tagged ‘act’

Send Emails/letters to Governors, Senators and Anyone Else That Can Be Found

January 29, 2009

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

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

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




3. Social Security Title IV-E funds.


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



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





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

Here are the statistics and sources to support these facts:




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




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

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

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

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


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

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


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


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





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





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