An Underground World...  

Saturday, September 26, 2009

It is amazing to me all the road blocks that Sacramento County CPS puts up to make it nearly impossible for a parent to assert their rights and fight for what is rightfully theirs…their children.  In the past 3 years 8 months and 3 days I have seen, heard, and experienced things that would ignite fear and furor in Americans…if only they knew about it.  However, these actions of which I speak are closely guarded under the cloak of confidentiality that hides Juvenile Dependency Court and involuntary child custody proceedings from the public.  At first guess, you assume that this so-called “confidentiality” is in place to protect the children in these cases.  But it doesn’t take long for a person to realize the protection is not for the children but rather the protection of CPS and their corrupt policies and actions.

The actions of CPS thrive in a underground world where warrant-less search of a home and seizure of a child is common practice.  A world where due process rights violations occur on a daily basis.  A world where a child can be removed from the home, detained, and placed into protective custody simply because there is a potential for abuse.  Even if there is no history of abuse, sign of abuse, a witness to the abuse, or admittance of abuse.  Within this hidden system the parent's and the children's rights are concealed and when a parent finally realizes their rights it’s too late…their child gone forever.  This well run factory shuffles families in and out daily in robotic fashion without real care or concern for children, parents, or extended family members.

Court-appointed attorneys argue cases with the judge, come to an agreement, call in the parties involved (children, parents, others that have the ability to intervene [i.e. Native American Tribes] etc.), and then call the case.  Parents are forced to make split-second decisions without informed consent and sometimes the court-appointed attorneys will make decisions and motions without the parents knowledge.  These court-appointed attorneys will out-right refuse their clients requests and/or motions.  This is clearly ineffective assistance of counsel which should afford you the right to a Marsden hearing.  However,  that right is usually denied too.  If a Marsden hearing is actually had, the judge can choose NOT to release your attorney, NOT appoint you another attorney, and can even choose NOT to allow you to represent yourself if you so choose.  In essence your stuck with an attorney that refuses to represent you in your best interest.

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Hear Me Out, Please!  

Hear Me Out, Please!

Before we go any further
I'd like to take this time
To tell my story, I've been trying to tell
This will be my first time

I'm not perfect you see
Though I never claimed to be
But a GREAT mommy I am
Hear me out and listen to my plea

Truth was of no value
Just animosity
A judgement was placed upon my back
For all the world to see

Ther person that I am
Is not what you claim me to be
And you never looked behind this canvas
Of scars and secrecy

Take a look at my children
And I know that you will see
That what lies beneath their souls
Is every part of me

I'm not a perfect parent
I've told you that before
And in order for you to see the interior
You must first open the door

I'm obsessed with this case
To that I fully agree
I worry everyday
What the effect on my children will be

No fairness
And no due process or equality
How did we end up with a broken system
With no accountability

A system that's supposed to help
Has destroyed my family
I was guilty and my children were removed
Before you knew what the results would be

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Still...NOTHING CHANGES ***CPS Hearing with the Ways and Means Commitee - U.S. House of Representatives***  

Wednesday, September 23, 2009

Statement of Honorable Joe Baca, a Representative in Congress from the State of California

I would like to thank Chairman Herger and Ranking Member Cardin for having this very important hearing.  The lives of our children and stability of the family are in danger.  While it is important to review state efforts to change this destructive system, we should not do that without first hearing the personal testimony of those families that were ripped apart and destroyed by local child protective services (CPS).

That is why, two months ago, I sponsored a Town Hall Forum on CPS Reform in San Bernardino, California. The forum was held to hear testimony and receive evidence of what many parents, grandparents, and advocacy organizations describe as “a festering cauldron of fraud, corruption, abuse of power and exploitation of children.”

During the eight hours of testimony, impassioned tales of rampant abuses of power, denials of due process protections, violations of civil rights, and accusations of blatant defrauding of the American taxpayer were presented by documentation, video, and prepared statements.  In addition to local and regional activists, Arizona State Representative Ray Barnes and other staff members representing California legislators joined in the forum. Testimonies included documentation of a scheme designed by state counties and service providers to “maximize the federal funding stream” through financial incentives.  While this in itself is not irregular, the focus on revenue at the cost of safety may be putting children and families at risk.

The testimonies continued unabated as parents and extended family members presented the committee with documentation of violations of state and federal statutes, denial of civil rights and predation upon vulnerable children and families by child welfare workers that regularly exceed their authority.

According to testimony, the unwarranted seizure of children from non-neglectful homes has become a national problem of staggering proportions.  At any given time, there are now more than half a million children in custody in the United States. It was reported in the forum that an estimated one out of every twenty children goes into government custody and that CPS routinely violates the constitutional rights of parents and their children in the process of their “intervention.”

Nearly one-and-a-quarter million children now come under government observation each year in America. Witnesses stated that only about three percent of the children who are seized or taken into custody were physically abused. What is even worse they said, is that the children who are taken into state custody have an eight to eleven times greater chance of being abused than those who remain in their own homes.

Although most states have laws requiring a speedy trial to test the flimsy and often anonymous allegations against the parent, evidence was given that showed that often nearly a year passes before the parent even gets a partial chance to tell a judge their side of the story.

According to the forum there is little protection for the family once a court focuses its attention on a parent. Witnesses told stories of courts circumventing such basic rights as burden of proof, presumption of innocence and rules of evidence. They routinely violate due process, and equal protection rights. The system moves into a parent’s life and does nothing to help. As news reports and evidence from the forum has shown, scandals and abuse of power exist within the family and juvenile law industry.

As evidenced by this forum, abuses and errors in judgement are common. Instead of receiving comfort and encouragement, innocent parents and grandparents are often drawn into a system that has a sub-par record of protecting the children entrusted to it.

I am hoping to learn from this hearing what can be done and what has been done to protect our children and their families.  It is a good start to monitor the states and review their practices.  I hope that the result of this will yield concrete steps to protect our children and families from false accusations and destructive policies within the state CPS.

For a list of witnesses, click on the link below.  You"ll find the actual article with the list of witnesses at the bottom of the article.

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CPS – A very corrupt & unofficial playbook…take a look!  

Monday, September 21, 2009

COMMON PRACTICE WITH NO PURPOSE

In the "Best interest of the child" or a "Take the Child & Run" policy implemented by Sacramento County, Dept. of Health & Human Services (DHHS), Child Protective Services (CPS)...REALLY???

**You decide**

It is my never ending pursuit to educate myself about Family Law, Welfare and Institution Codes, federal ICWA regulations, and anything else that will assist me in in my almost 4 year legal battle for the return of my children. I now feel I am more knowledgeable about specific laws, rules, guidelines, and even opinion related directly to my situation than "court-appointed" attorneys that are provided in the County of Sacramento. Let me say that I "live" this unorganized, and mostly UNACCOUNTABLE nightmare everyday of my life. Not by choice, but by necessity I have become my own advocate. I learned quickly that there are protections within "the system" to protect and preserve families. However, NOBODY seems to enforce the laws, rules, and codes, etc.

One court-appointed attorneys (2nd but not the last) for my CPS case - assigned to me sometime in the 3rd quarter of 2006 - was ADMITTED TO THE State Bar of CA in DECEMBER 2005* I wonder now what I should have asked then; How much experience did she have in family law? Specifically CPS cases where families are endangered and there is a high probability that ineffective assistance of counsel will dramatically affect the outcome of the case (i.e. a parent may lose the right FOREVER to contest the removal of a child simply because they are unaware, unprepared, and/or ill-advised in regard to the detention hearing)* Hindsight is 20/20 and the knowledge I have now, which is the rights and information withheld from me then, is of little value to me after the fact. With that said, I am luckier than most! Why? I should place a lot of emphasis on “little value” I referred to above. My luck is that I fall under Indian Child Welfare Act (ICWA) guidelines.  I have the privilege to bring my case back to court at any time, and am able to request the court to invalidate orders. I can go back and challenge the Detention hearing. That alone is my “little value”, while other parents who don’t fall under ICWA guidelines are NEVER allowed to challenge any of the previous orders…EVER!

In the beginning, before I knew my rights and what the ICWA was, I was unaware that if I did not address the improper removal of my children at the detention hearing THAT DAY AND THAT DAY ONLY, I would NEVER be allowed to address it EVER AGAIN! I would not be allowed to appeal it and EVERYTHING contained in the report from the SW became proof against me. Regardless if it is true, hearsay, or even if you have proof their allegations are untrue, you will NEVER be allowed to address the issue or argue the validity of the allegations made against you.

*In my situation, I simply tried to comply with their request believing I would have an opportunity to address the issue and it would be cleared up. I met my attorney 5 minutes before court began. I barely had an opportunity to introduce myself, let alone discuss the allegations, before we were called in to court by the "referee" (that is THEIR term...not mine). I had no time to read the report which was well over 50 pages. When in front of the referee I thought court was being postponed to allow time to go over everything with my "new" court-appointed attorney. A new court date was set...but not a continuance...the date was actually for the juris/dispo hearing. Having no idea that by agreeing to the "new" court date (juris/dispo hearing date) I was saying YES, YOU HAD A RIGHT TO TAKE MY CHILDREN, AND I'M NOT GONNA CONTEST THEIR REMOVAL, PLEASE SET A JURIS/DISPO HEARING DATE SO WE CAN GET ON WITH THE BLACKMAIL AND CORRUPTION YOU ARE GOING TO INFLICT UPON MY CHILDREN, MY FAMILY, AND MYSELF.


http://members.calbar.ca.gov/search/member_detail.aspx?x=239819
http://members.calbar.ca.gov/search/member_detail.aspx?x=239819
http://snipurl.com/72q0v

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Foster Care Funding in CA (Statistics included)  

Saturday, September 19, 2009

*The foster care statistics referenced in this post are located at the end of this post. They are from various sources that are cited alongside each statistic*

Over the past few days I have done nothing but research statistics, over, and over, and over again! My brain hurts and considering the fact that I don't do math all that well, it’s been a challenge to say the least. Most required calculating in order to provide the statistics in numbers people could really understand.  Initially I started researching statistics for a civil lawsuit that I will be filing against Sacramento County, DHHS, CPS, William R. Ridgeway Family Court, judges, social workers, and numerous others. The list of defendants is far too long to list right now. I also needed the statistics for my Non-Profit Organization. 

Relating to that, there have been many articles in the Sacramento Bee about the fact that CPS is losing all of their funding, the State of CA is not giving them money, and terrifying people by telling them children will be in more danger because there won't be enough people to ensure child safety! AMAZING!!!! However, since I was lucky enough to be researching statistics, it became clear to me that Sacramento County DHHS/CPS is crying wolf just so they have another excuse for their incompetency!  A way out so they still don't have to be accountable for the issues that have come up through the many investigations into Sacramento County CPS.

The Child Welfare League of America provided the following numbers for the most recent studies:

California received $1,795,256,381 (nearly 1.8 BILLION) in federal funds divided into the following categories:

70.8% was from Title IV-E Foster Care and Adoption Assistance
13.9% was from TANF (a.k.a. WELFARE-food stamps, cash aid)
9.9% was from the Social Services Block Grant
4.2% was from Title IV-B CWS Promoting Safe & Stable Families
1.8% was from Medicaid
1% was from other federal services

That means that the State of CA received $1,271,041,517 (nearly 1.3 BILLION) in federal dollars from Title IV-E Foster Care and Adoption assistance.  To fully understand the problematic issues with this, you would need to understand how States qualify for Foster Care and Adoption Assistance funds.  A bill was passed in 1997, which provides this money to the Department of Social Services in the amount of $4000- $6000 for each child they get adopted out! But wait...there’s more!  In the book WARNING The Truth about CPS, Don Lyons explains that it’s “just a starting figure in a complex mathematical formula in which each bonus is multiplied by the percentage that the state has managed to exceed its baseline adoption number. The states must maintain this increase in each successive year. [Like compound interest.]”. Basically it means that each year the state has to exceed the number of adoptions from the previous year in order to receive these funds. WHAT?

When I first began to understand how it worked, I had to sit back and let it settle with me.  I had such a hopeless feeling and the only thing flashing in my mind was the old quote "MONEY IS THE ROOT OF ALL EVIL".  Well yes, of course it is!  Then I realized our government is not immune to greed...especially during tough economic times when funding for programs is dramatically cut!  Another quote came to mind soon after that.  "THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS".  I have no doubt that this bill was passed with good intentions.  The need to get children adopted into permanent families is very important for a child instead of rotating them from numerous foster homes, group homes, etc.  For children that were removed from their homes because legitimate allegations, finding them a permanent home and family is an amazing thing.  However, in my opinion, nobody really looked at the huge holes in this bill. The simple fact that they need to exceed their baseline adoptions for the fiscal year, creates a child mill in which more and more children must enter the system each year in order to increase the number of adoptions out of foster care.

The bill that was passed includes a technical support assistance section "to assist State and local communities to reach their targets for increased numbers of adoptions”. It goes on to say the support is for “the development of best practice guidelines for expending the termination of parental rights…the development of special units and expertise in moving children toward adoption as a permanent goal; [and] models to encourage the fast tracking of children who have not attained one year of age into pre-adoptive placements without waiting for termination of parental rights.” By implementing these policies they are putting a bounty on the heads of American children…your children! CPS and DHHS are denying parents rights and setting parents up for failure before they walk out of your home with your child in hand. Without knowledge of their rights, parents have no chance to protect themselves AND their children until it’s too late.

The Nation Center for Policy Analysis says it best: “The way the federal government reimburses States [actually] rewards a growth in the size of the program instead of the effective care of children.”

I often hear people upset about “lazy parents” that don’t take care of their kids and live off the “system” with taxpayers’ dollars. However, it is clear by the funding figures I provide above, that only 13% of funding is from TANF (aka Welfare). It is also amazing that 70.8% is for foster care and adoption assistance, but only 4.2% is to promote safe and stable families. Perhaps if our government promoted family preservation instead of family destruction it would make crime rates go down, decrease inmate population, decrease the homeless population, decrease unemployment rates, and decrease the amount of welfare recipients, it would probably decrease the amount of children that are abused and/or neglected. I’m just saying that if you look at the statistics in the previous blog post, my theory may very well be a real possibility.

*I’ve included the foster care statistics below.

Foster Care Statistics

· 80% of the US prison inmate population was in the foster care system (US Dept. of Justice, 2005)

· 70% of California's inmates have been in the foster care system (Sacramento Bee article by John Burton [chairman of the CA Democratic Party and chairs the John Burton Foundation for Children Without Homes)

· Children are 11 times more likely to be abused in State care that they are in their own homes. (National Center on Child Abuse and Neglect [NCCAN])

· 90% increase of children and youth in the US foster care system since 1987. (Casey Family Programs National Center for Resource Family Support *CASEY FOUNDATION*)

· 3 out of 10 of the nations homeless are former foster children. (Casey Foundation*)

· Children in foster care are 3 to 6 times more likely to have emotional, behavioral, and developmental problems including:

· Conduct disorders

· Depression

· Difficulties in school

· Impaired social relationships

(Casey Foundation*)

· Approximately 30% of foster children have marked or severe emotional problems. (Casey Foundation*)

· Children and youth in foster care tend to have limited education and job skills and perform poorly in school compared to children NOT in care. (Casey Foundation*)

· Children in foster care lag behind their education by at LEAST one year and have lower educational attainment than the general population. (Casey Foundation*)

· Children in foster care are 5.25 times more like to die as a result of abuse than children in the general population. (CPS Watch Inc.)

· 2.1 % of ALL CHILD FATALITIES took place in foster care.

**Since "state care is supposed to be a 'safe-haven', the number of fatalities should have been less than the child fatalities of the general population (less than 0.4%). However, child fatalities that occurred while in foster care were 5.25 times greater than that amount." (CPS Watch Inc.)

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