You are browsing the archive for DHS, due process, false accusation, family court, Pennsylvania | My.Kidjacked.com.

Proof of Innocence?

February 3, 2011 in DHS, due process, false accusation, family court, Pennsylvania

Love your website. Thank you so much for sharing it with those of us who have been raped by the system. Although, I am so sorry and upset that it is even an issue in this country!

I thought I would share a little bit of my story with you.

First, I have a friend who is a social worker who was helping me the moments before CPS came to my door. She told me to let them in or they will get a warrant and that it looks guilty if I don’t. So I let them in.

I let them interview my children. The worker interviewed my two older children together. My 8-year-old generally tells the truth, unless my bossy 11-year-old is around to sway her. My mother was the one who reported me. My 11-year-old went along with the story that my mother cooked up because she really wanted to live with my mom because she “buys her things” (this she said later in front of a CPS-paid counselor). Also, I think it’s important to note that I have cut all ties with my mom since this incident in August.

Anyway, when the CPS worker then came from her interview with the kids and asked me what happened, I told her the truth, to which she replied, “Well, I always believe the kids.”

Then why ask for my side? They wanted to kick me out of my house for seven days. I refused to sign any papers until morning when an attorney could look them over but agreed to leave my home anyway.

The worker then threatened to remove my children and put them in foster care if I did not sign the papers. They were not an admission of guilt, but an agreement to leave. I did not know that at the time, but I felt like I was signing under duress and couldn’t think clearly to even know what I was signing. It was awful. I was even breastfeeding at the time but they didn’t care.

They ended up opening a case for 90-days. Two social workers, a parenting coach and a counselor, were hired by CPS from an outside agency to come into my home three times per week. They also forced me to put my two year old son into daycare for the first time in his life. I am a stay-at-home mom so this was very traumatic for him.

They also had a counselor from an outside counseling agency come into my home to see the children once a week. After the counselors and social workers came into my home, they told me that I am a great mom, that my family situation is not one that they would typically be called to, and that they have reported only good things to CPS.

After complaints from my friends to CPS and my lawyer to the prosecutor about the initial case worker who illegally forced me to sign papers, they moved my case worker to another county. I got a new case worker who was, thankfully, much more intelligent. But it was too late. They already decided to substantiate “hitting” and “psychological and emotional abuse.”

I am appealing this decision. I have a hearing in about two weeks. I still have my attorney, which I have spent $1,000 to retain for this whole ordeal. Hopefully, it will be done soon because I don’t have very much money left. I am not sure how to defend myself and prove my innocence because to those who don’t know me and my family personally, it looks like I am simply pointing the finger at my mom for the blame and not taking any responsibility. But it is the truth!

I have some questions that I would like to pose to you because I have been researching, but I can’t find any information about. Firstly, how can they take an anonymous phone call from someone and not allow you to address your accuser, as a rapist or attempted murderer would be allowed to do? How is that legal?

Secondly, how are the infamous CPS state lists, going by various names from state to state, legal? The people who’s names are on the lists are guilty until proven innocent, which is the complete opposite of what our legal system is supposed to be. These lists are a collection of opinions not necessarily based on fact or evidence. Furthermore, they share this information with employers, but confess that all information regarding our cases are confidential because it’s a juvenile matter. That is contradictory and confusing.

I am just so torn up about this and I wish I had a million dollars because I would be the one who goes to the Supreme Court about outlawing those lists and confidential tips.

Thanks again for all you are doing,
Kim,
Pennsylvania

Idaho Attorney Needed

July 29, 2010 in due process, Idaho, lawsuit

I have a situation where the case worker was actually in cahoots with what at the time was my wife. They filed false charges of abuse which has since been admitted to.

The case worker also took my kids even though her own legal department told her “DO NOT REMOVE THE KIDS.”  The wife and the case worker were trying to have put in prison for life. The courts have stepped in and the cps attorney and given me full custody or an “extended visit.”

I need an attorney to sue these people, do you know of any in North Idaho?

Thanks,
Mike K. from Idaho
208-704-7544

Change the culture of foster care

July 1, 2010 in California, Child Protective Services, corruption, due process, Michigan

Vivek S. Sankaran hits the nail on the head with her article, “Change the culture of the foster care system,” posted today in The Detroit News. She said in part:

Change foster care

Wayne County recently joined cities across the country and celebrated the first national Reunification Day to recognize the accomplishments of those who help parents regain custody of children lost to the foster care system.

For years, the goal of reunifying children in foster care with their families has received short shrift. Even though most children come to the attention of child protective services for allegations of neglect, far too many are removed abruptly from their homes and placed with strangers.

Once in foster care, they see their parents and siblings infrequently, change placements too often and receive inadequate medical and mental health treatment. Their parents rarely receive the help they need and they lack a meaningful voice in court.

All of this does enormous harm to the children. Foster care is a toxic intervention that must be used sparingly. An MIT study revealed that outcomes for children in foster care were far worse than similarly maltreated children who remained at home.

There it is in black and white. From MIT, a study that shows outcomes for children in foster care are far worse than similarly maltreated children who remained at home.

Most courts up until this point have been filled with parents, pleading, crying and demanding their children be returned. It won’t be long until the courts are filled with angry, former foster children bringing lawsuits against the state for wrongful removal. The lives that have been destroyed are in the millions. Sankaran goes on to point out some other very interesting facts:

No state system passed recent federal audits evaluating the treatment of foster children in state custody.

These problems are particularly troublesome in Michigan. In 2008, only a third of children who exited foster care were returned to their parents, nearly 20 percentage points below the national average. And the time it takes for Michigan to reunify those families is double the national average.

In contrast, Michigan is swift and efficient at separating children from their parents forever. Our state has the seventh highest rate of terminating parental rights in the country. Michigan has the second largest population of “legal orphans” — children whose only parent is the state.

I haven’t checked but if I had to wager a bet. My money would be on California having the largest population of legal orphans. We remove more children from their parents than any other state in the country.

This is simply unacceptable.

Did you know that in most states a child has five years after his or her 18th birthday to bring legal action against the state? You can bet that most foster children have no idea they have a legal cause of action for their treatment while in foster care, more so, if they were wrongly removed.

The only way I believe we are going to get the attention of our government is to make it too expensive for them to steal our children. Money talks and it’s time they pay up for all the lives who have been destroyed by their evil deeds. Yes, folks, I said it. There is no other way around it. These people are just plain evil.

CPS Worker Brings Lawsuit

May 9, 2008 in CPS, due process, foster care, West Virginia

Ex West Virginia caseworker calls for system reform.

Hello, My name is Elise Stewart I use to be a CPS worker and then Supervisor in West Virginia. Since leaving the West Virginia Department of Health & Human Resources (WVDHHR) several years ago, I have had a couple experiences with them that I am currently suing them over.

My point of this e-mail concerns the circumstances concerning my adult son and his on again, off again, girlfriend and their child who will soon be one-year-old. The baby was born with drugs in her system. The mom and maternal grandmother hid this information from my son. During the initial investigation by CPS, they failed to contact my son even though they knew who he was. The mom continued to do drugs while living with her mother (an active alcoholic) and this was the reason for the unstable relationship with my son, as he does not use drugs nor did he condone her use of drugs.

WV CPS Worker Brings Lawsuit

In November, after the girlfriend was admitted to the hospital for her drug use, her mother involved CPS. When the girlfriend was released from the hospital, her mother would not let her back into the house or near the baby. Against my better judgment and without knowing all the details, I let her and my son stay here.

Over the next two-weeks I babysat the baby while the girlfriend and her sister (also a heroin addict) attended NA/AA meetings. On the weekend in question, I was informed that the maternal grandmother had left town and left the baby with the heroin addict sister and her boyfriend who she met in rehab.

Seeking Temporary Custody

After lengthy discussion, my son and his girlfriend signed a paper granting me temporary custody of the baby. We went to the house to get the baby. The police were called, who in turn called the prosecuting attorney. I spoke on the phone to the prosecutor whom I had worked with for years. He said that I could take the baby.

CPS workers freaked out and told the police they had filed a petition on the Friday, it was awaiting the signature of a judge. They stated that I could not be near the baby as they had at one time opened a case against me. We were ordered to take the baby to the sheriff’s office and wait for the maternal grandmother who was on her way home.

Note on previous case: (The case they referred to took place when I was in England and they opened the case without my knowledge. The person my almost 18-year-old son was living with, kicked him out. Instead of then going to the place I setup for him, he went to stay with his older brother which CPS didn’t like…another issue altogether. Although I might add here that the person who kicked him out on the street was my best friend and the director of our local CASA)

We waited hours for the maternal grandmother to come staggering in completely intoxicated. She was given a breathalyzer and told she could not take the child due to her being drunk. She then became belligerent to the officers and left.

The girlfriend was told she could take the baby to her great grandmother’s house but due to the age of her great grandmother, the girlfriend had to stay with her.

Foster Care Placement

The next evening, CPS appeared with a custody order and took the baby in to custody, placing her with a foster family. My son was not considered for placement because they said there was no proof he was the father. None of us were allowed to see the baby until after the initial hearing — more than two weeks later.

Since that hearing, they first gave physical custody to the maternal, drunken grandmother while the state kept legal custody. The girlfriend was not allowed to be alone with the baby. My son was permitted one-hour of supervised visitation at the local DHHR each week, and I was told I would have to petition for grandparents rights.

Inadequate Representation

Subsequent hearings led to my son becoming very frustrated with his public defender who would not return his calls and thought proper council was seeing him for five minutes prior to the hearing. The DHHR wanted my son to have a DNA test and would not accept a paternity affidavit from him. They also wanted him to submit to drug testing and other such strictures, normally placed on parents alleged of abuse in these situations.

They alleged he “knowingly allowed” the baby to be abused by not stopping the mother’s drug use. The age old catch all CPS likes to use when they have nothing else to charge the absent father with.

My son had to reschedule the first DNA test. He went to the second one which proved him to be the father. He missed a court hearing due to his ride canceling at the last minute. He left voice mails for both his attorney and the social worker. Then he missed the next hearing as he received no notice from the court or his attorney. He has continued to see the baby at the girlfriend’s house rather than at the DHHR (against my advice).

After finally tracking down his lawyer last week, he received in today’s mail a proposed court order from the prosecutor charging him with abandonment. The hearing is scheduled for June.

Would you consider this ‘good practice’?

  • Not conducting a thorough investigation with collateral contacts (ie father);
  • Removing a child for ‘imminent danger’ that did not exist;
  • Being permitted to place a child in foster care when relative placement is available and more than adequate given kinship placement guidelines;
  • Being granted continued custody in foster care without testimony or an evidentiary hearing in court.

The court process is not due process. The guidelines and rules of procedure are not followed. CPS policy is not followed. My son has yet to receive notice of any MDT meetings or the reports that those meetings are meant to generate.

After years working inside this system I would highly recommend never speaking to a CPS worker without an attorney present and a tape recorder running. I have worked with the do gooders who see a cute little baby that deserves a ‘nice’ family, and the power trippers who take custody for their own warped sense of ego feeding….the list goes on.

Someone needs to revamp this system. The damage done to the family is not reversible and even the youngest of children experiencing the foster care system can act out on this ‘memory’ in years to come.

I realize this is a rather lengthy and tangential ramble. My apologies. It just send my mind racing with outrage at a system that is supposed to keep children safe and consider the well being of the child first and foremost.

~Suzie
West Virginia

Break the Silence

August 19, 2006 in appeal, California, due process

I have just filed my fifth appeal for denial of my due process rights.

Finally there is a hearing on my fourth appeal on September 12, 2006 in San Jose. Of course, nobody in their right mind would ever step foot in California (well, just look what happened to Julie Torell! – CPS and cops stormed their hotel room and took her three other kids!), so I requested a telephone hearing which is my right.

Guess what? Now they tell me that in order for me to participate by telephone I cannot say anything – only listen – at My own hearing!

Further, they said I needed to give them my credit card number because they are going to charge me. Huh? What kind of phone system do they have? Up here in Canada we have digital phone where we can call anywhere in North America for FREE.

Who would trust those criminals with a credit card number? That would be worse than giving it to a telemarketer on the phone!

Diane Booth
Free Vincent Booth

css.php
Skip to toolbar