TEAR's for Family Continuity

The Loss of Family Heritage: Related to the Definition of our Kids Lives

2010-07-21T04:03:00.000-07:00

This important definition of family and life is endangered, at the least, of becoming extinct with the enormous incline in the Rate of Removal (ROR) of children from families that often times are falsely accused. Our children's heritage, rituals, and celebratory process of their lives are being stripped away from them. Almost to forever end the traditions and heritages of a single family. Then attempting to restart with the kids they removed, only to turn them out to the world at age 18 as hollow shells who are unsure of their identities. Perhaps never really having been a part of family, they may never know how engage their own children in this important definition of life in the future.

"Creation stories tell of epic beginnings, but they also illuminate the most intimate origins of our lives. [For the most part] the story of every family on your block [is much like the book of] Genesis in the Bible. In our own sort of Genesis, history and family organize the formless chaos of new life, creating light and darkness, order and meaning, naming us, placing us, and recognizing our new contributing role in the family story. This creation story, unique to each of us, is passed down through the generations and opened to a new page at the moment of our birth. It creates our first experience of ourselves in the world, and it becomes the foundation for our view of the world. It remains hidden from view and resistant to change, yet clearly defines the shape of our experience and understanding. Every child has an innate story, yearning to be heard and recognized. It is a story of their individual nature and their place in culture and social history. The celebration of our life unfolds from these origins." **The passage directly above was taken from the book: "In the Moment: Celebrating the Everyday" by Harvey L. Rich M.D.**

Earlier reference by NCCPR's Richard Wexler to what I call "CPS Industry Complex"

2010-02-09T23:34:00.000-08:00

WOW! Who knew that my blog post about what I called "CPS Industrial Complex" was already a term used within the CPS Reform Community. It is also referred to as "Foster Care Industrial Complex" by Richard Wexler (NCCPR) and "Child Abuse Industrial Complex" by AFRA (American Family Rights Association). My apologies, I have actually never heard anyone else refer to it as that but at least now I know I'm not alone in my thinking! Below is the link to "Foster Care Industrial Complex" as referenced by Richard Wexler from NCCPR (National Coalition for Child Protection Reform).

Foster Care and Family Preservation

NCYL Tests CA Child Abuse Death Disclosure Law - My thoughts

2010-02-09T23:20:00.000-08:00

You know there is a problem with Child Protection Services (CPS) system when a law is passed in order to allow some (and I use that word lightly) transparency to evaluate CPS when child deaths occur. Strict confidentiality laws that protect the rights of children actually "shield CPS agencies from evaluation by legislators, the press, and the public who need to know the facts behind these deaths in order to prevent such tragedies in the future." You'll find the case they refer to in this article was a child death that occured here in Sacramento. Many child deaths have occured here in Sacramento simply because Sacramento County can't seem to complete the most basic and the most important of their tasks...an investigation. May I also remind you of the Amariana Crenshaw case that I have been posting about recently!

NCYL Tests CA Child Abuse Death Disclosure Law

More news on little Amariana Crenshaw

2010-02-05T18:22:00.000-08:00

More news on Amariana and records reveal many more injuries than are reported in the documents provided by Sacramento County CPS! No matter what the risk to the child is, Sacramento County has proved over and over that they will place a child in a possible lethal environment to protect themselves and reduce any financial risk/loss resulting in accurate reporting of injuries and statistics to children in abusive foster care families and homes. It makes me sick and I've seen this happen over and over. Until 2008 when Senate Bill 39 (2007) went into effect, CPS could protect themselves because records were closed off from review even upon a child's death. Little Amariana Crenshaw sadly passed away in January 2008 and I'm certain that the social workers never thought that the records they were keeping would see the light of day if something tragic actually did happen to Amariana. Actually, I'm certain they thought they were almost in the clear since her parent's parental rights were already terminated. If only they could hurry through the quick adoption process Sacramento County has for foster children, it really wouldn't matter because she'd be out of the system and not their responsibility.

Amariana's dad tried numerous times to discuss her injuries with social workers and attorneys and they dismissed his concerns on every occasion. One might say they "minimized" his concerns which is a term CPS loves to use! Other than the County of Sacramento's gross negligence and all-out obstruction of justice for Amariana, there are still other's to blame. Judge Dean Peterson who was the presiding judge at the William R. Ridgeway Family Courthouse in Sacramento and all the "referees" as they are called, underneath him! Even more responsible than the blind retired Judge Peterson, is SCA, the group of attorney's that represent the children in Sacramento County juvenile dependency matters...better known as SACRAMENTO CHILD ADVOCATES. Some beautiful advocating they really did for Amariana Crenshaw! In fact, they do such a wonderful job of advocating on behalf of the children in Sacramento County, that the federal government brought a lawsuit against them in 2009 for failure to protect the children and provide effective assistance of counsel! Hmmm, that'll make you think twice before you move to Sacramento with your most treasured assets; your family!

Clinic records reveal more injuries - Sacbee.com

CPS Industry Complex (my term) relating to Military Industry Complex

2010-01-27T00:49:00.000-08:00

MILITARY INDUSTRY COMPLEX - What is it and HOW DOES IT RELATE TO CPS?

President D. Eisenhower used this phrase in his farewell speech. It is referring to the "iron triangle" of relationships between the government, armed forces, and the commercial industry providing military support (research, development, production, use and support of weapons, facilities, etc.). If combat is stopped, then the need for the commercial industry's services cease, which in turn creates problems within the economy.

"It is sometimes used more broadly to include the entire network of contracts and flows of money and resources among individuals as well as institutions of the defense contractors, The Pentagon, and the Congress and executive branch. This sector is intrinsically prone to principal-agent problem, moral hazard, and rent seeking. Cases of political corruption have also surfaced with regularity."

How does this relate to CPS?

I guess you could call it the CPS Industry Complex! A government agency developed to help kids in danger has turned into an actual industry. Kids are removed from safe homes, the county contracts to lawyers, doctors, and other professionals in order to get a report in their favor to terminate rights. Then the judges are given payoffs to ignore fundamental rights and grant termination of parental rights. The child goes up for adoption and the state gets a HUGE bonus. A cycle that never stops because in order to obtain those HUGE BONUSES from the Fed gov't, the number of adoptions have to increase from the number the previous year.

What we have here, in my opinion, is officially a CPS INDUSTRY COMPLEX

Foster Care Funding (Statistics Included) REPOST

2010-01-06T15:05:00.001-08:00

*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.)

Most recent letter to the Cherokee Nation

2009-11-18T04:24:00.001-08:00

(This is the most recent letter sent to the Cherokee Nation. It is regarding a phone call to address their blatant disregard for justice in this case. During that phone call Ms. Lou Stretch told me they were aware Sacramento County had a problem with ICWA compliance but they simply didn’t have the time or money to deal with it.)

Dear Ms. Stretch,

I just wanted to follow-up with you regarding the telephone conversation on Thursday November 12, 2009 with you, Howard Paden, Ronald Dawson, and myself. I have a few things I'd like to say as well as clarify some issues I was unable to address.

My purpose for contacting you and Mr. Paden was to seek help and assistance from the Cherokee Nation for the return of my children. I requested to schedule a meeting with you at your offices in Oklahoma to address the gross negligence and mishandling of this case by the County of Sacramento. I wanted to provide you with all of the documentation in this case. More specifically the exculpatory evidence and documentation that was purposely with-held from you by the County of Sacramento. Only selective information was provided to you which directly affected the outcome of this case. Violations have occurred at every level of this case and the violations of the Indian Child Welfare Act (ICWA) are only a few of many.

Not too long into our conversation I realized that the help I was seeking from the Cherokee Nation was not going to come from you or Howard Paden. I was hoping to have open dialogue with you, but that never occurred. Some of the statements you made to me were shocking to say the least. You made an assumption regarding the help I was seeking from you. The only thing I was asking you for at that point was an opportunity to sit down with you, speak openly about this case, address your concerns as well as mine, and provide you with documentation I know that you do not have. I wanted to show you the proof of Sacramento County's deception in this case and come to a consensus on how it "will" be dealt with. The fact that you were unwilling to hear me out and the fact that you assumed that you knew what I was requesting, caused you to make statements that were blatant, bold, and shocking.

First of all I'd like to ask you a question. How do you assign a monetary value to a child? In my opinion children are priceless and you can't possibly assign a monetary value to them. However, that is exactly what you did. You explained to me that you were aware Sacramento has a problem regarding compliance with the ICWA. You told me that you were aware violations have occurred. You also explained to me that the relationship between the Cherokee Nation and the County of Sacramento is not a good one because of their inability to comply with the ICWA. Then you proceeded to tell me that the Cherokee Nation does not have the time or the money to deal with this. I couldn't believe you were saying that! How could you possibly tell me that my children are not worth your time or money? Why do you even bother to intervene in these cases? It appears that you have no oversight or ability to ensure that if a child is removed from their home, their family, their friends, their school, and their identities, it is for a legitimate reason that has been proven by investigation. In your letter of intervention you assert your rights on paper, however you failed at every level to ensure that Sacramento County was compliant with the ICWA. Now that I have made you aware of the violations specific to my case, along with your admitted knowledge of Sacramento County's incompetence, you refuse to help me remedy this situation. Your reasoning...all because of money! It is clear to me that my children are now collateral damage because they are a financial burden to you. So again I ask, how do you place a monetary value on a child?

I am not asking for you to provide me with an attorney. I am my own legal counsel. I spend everyday at the law library or the courthouse. I have studied the legal issues with this case for nearly 4 years now. I have taken a family law course and I am very well educated about the Indian Child Welfare Act. I am not asking you to provide my children with an attorney either as one is already appointed to them. My specific plan is to file a 388 petition and make a motion to invalidate all court orders in the case and request the immediate return of my children. In section 1914, ICWA provides the remedy for a failure to comply with sections 1911, 1912, and 1913 and also specifies who may invoke that remedy. Below is the specific provision that allows me the right to request invalidation:

25 USC § 1914. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations.

Any Indian child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed, and Indian child's tribe may petition any court of competent jurisdiction to invalidate such action upon showing that such action violated any provisions of section 1911, 1912, and 1913 of this title.

Another issue I had tried to address with you was the fact that my children were detained on January 2, 2006. A detention hearing did not occur until January 31, 2006. By law within 72 hours of the emergency removal of a child a detention hearing is to be held. This is a violation of the CA Welfare & Institutions Code and a violation of the CA Department of Social Services Division 31 Policies and Procedures. My intention is to file a petition for a writ of habeas corpus proceeding. "Use of habeas corpus because of a violation of the Act results in the minor being illegally detained." When my children were removed, there was no court order or warrant for their removal.

Contrary to what you believe and what is stated in the reports, the first time I had ever seen social worker Faye Radford was when she knocked on my door at approximately 6 PM on January 2, 2006. I explained to her that I was more than willing to drug test. I also explained to her that I had been randomly drug testing at Bi-Valley Medical Clinic for a year and a half and I would gladly allow her to review those UA results. I also signed a release of liability so that she could obtain those records as well as speak with my counselor. She directed me to drug test the following day at Bi-Valley by 12 PM. I agreed because I had nothing to hide. She did not speak to my children and then she left. At approximately 8 PM (just 2 short hours later) she knocked on my door. My oldest daughter answered the door and she walked into my home with 2 officers and said she was detaining my children and placing them into protective custody because of methamphetamine abuse. She had not provided me an opportunity to test, she did not call Bi-Valley (which is in direct contradiction to the contract that the County of Sacramento CPS has with Bi-Valley Medical Clinic), and she didn't even speak to my children prior to their removal.

Prior to this my children were never placed into protective custody nor been the subject of an investigation by CPS. I realize it says different in the reports, but that is a blatant lie. I will say that one time in May 1996 I was living in Morro Bay, CA and the San Luis Obispo County CPS received a report that I was not feeding my daughter Rian. I welcomed them into my home, they wanted to see if I had food for her. I showed them and they left. In fact they specifically told me they thought it was probably a retaliatory call. It had nothing to do with drugs or domestic violence contrary to what is stated in the Sacramento County reports for this case.

I have lived a family oriented life since my kids were born. In 2000 I began working for the State of CA Dept of Corrections. When my kids were in school I was a girl scout leader for their troop, I volunteered at their school on a consistent basis, I ran the reading program at their school, I babysat for one of their teachers, and was really good friends with another one of their teachers, Ms. Nola Turner. We frequently spent time and visited with Nola having BBQ's and swimming. I enjoyed being with my kids and helping at their school that I decided to take a leave of absence from the State and work from home. I opened up a travel agency at that time and removed my kids from their afterschool daycare program. I loved being able to pick them up when school got out instead of picking them up at daycare every night. I loved to help out at their school which I was able to do more often. I also began working with pregnant teenagers at a local high school which I enjoyed very much. I love my kids and rarely spent a day without them. Only a few short times had I ever been away from them overnight until their removal. I have always provided a stable environment for my kids as well as been financially able to take care of their needs. Every year we would take our annual Disneyland vacation. We would fly to Los Angeles and stay for 5 nights. We enjoyed this tradition every year since 1998 until my children were removed in 2006. My family is my life and this is why I was asking for your help!

I don't want to be at odds with the Cherokee Nation, but your unwillingness to address this serious issue leaves me without a choice. During our conversation the other day, you were basically implicating the Cherokee Nation (by way of you acting as a representative of the Cherokee Nation) as being complicit with Sacramento County in the violation of the ICWA, violations of the CA Department of Social Services Div. 31 Policies and Procedures, CA Welfare & Institutions Code, civil rights violations of amendments 4, 5, 6, and 14 of the U.S. Constitution, participation of a passive cover-up by non-action and implicit knowledge of an active cover-up by Sacramento County to conceal evidence of wrong-doing, error, and incompetence. Thus making the Cherokee Nation a participant in a tacit conspiracy. A tacit conspiracy is defined as an unspoken "agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of [the parties] actors/actions".

I do hope you will reconsider and meet with me as I requested. The actions of which I speak occur everyday here in Sacramento. Now that I have started TEAR's which is my non-profit organization, I meet families on a daily basis that are ripped apart because of the actions of Sacramento County. While I do believe that children need to be protected, I don't believe it should be done by lying, with-holding evidence, ineffective assistance of counsel for parents and children, or any other action that is illegal or lawfully unethical. I have a saying "take the child, take the parent". I believe if a parent does something that warrants the removal of their child from their home, they should be charged with a crime and afforded a trial by jury of their peers if they so choose. In addition, the victim (the child) also receives justice. As it is now, parents commonly are not charged with a crime. I would have been more than willing to go in front of a jury of my peers. I am certain if I did my children would have been back in my care immediately.

If you do change your mind and would like to speak with me, I am happy to do so at any time. I'll leave my contact info below.

Heather Dawson Hoover

http://www.tears4familycontinuity.blogspot.com

Families vs. The Child Thieves (Poem)

2009-10-29T18:22:00.001-07:00

From the moment you give birth to your child

And hold them in your arms

A circle forms around the family

And produces the strongest of bonds

The invisible ties that bind you,

Are stronger than any steel

When one of you is being ripped away

That bond becomes stronger still

If your like me,

And you understand these bonds

Than the child thieves

Don’t have free will

The invisible chains that link our hearts,

Our bodies, our memories, our souls,

Don’t simply dissolve because you believe

You have the right to seize and control

Our family is not broken…

Or it wasn’t until YOU came

And just let me state for the record

There’s nothing here for you to gain

So you can continue to throw stones at our castle

But we will never refrain!

Written by: Heather Hoover (10*25*2009)

Corruption of CA Courts Continues

2009-10-29T18:05:00.001-07:00

CORRUPTION OF CALIFORNIA COURTS CONTINUES
Sturgeon v County of Los Angeles
Judges paid by LA County for illegal rulings to steal children, property and assets.

County of Los Angeles - who was paying Ca. judges an extra and illegal $46,000 a year on top of their state salary of $178,000., when the payments by California counties were ruled unconstitutional in the Sturgeon v County of Los Angeles case in October last year, Chief Justice George hired a lobbyist at $9,000 a month - from taxpayers no less - to bludgeon the state legislature to pass a bill in February of this year in the dead of night, to allow counties to continue those payments and to grant retroactive immunity to all those who had been receiving those payments for the last 20 years. Just in Los Angeles County alone, that amount is estimated to be about $300 hundred million out of the pockets of taxpayers. In the rest of California, that amount could well be in the $1 billion range.

"Privacy and secrecy of CPS unwarranted" GRAND JURY Finding#2

2009-10-05T12:55:00.000-07:00

What I call the "cloak of confidentiality" that Sacramento County CPS hides under has been directly addressed in Finding #2 of the Grand Jury investigation into Sac County CPS. Although this has been addressed by the Grand Jury, it remains to be seen how it is addressed by CPS. In finding #1 the Grand Jury addressed CPS "absence to accept responsibility and accountability". The Grand Jury recommended that CPS provide a "public report" of the progress that has been made. Perhaps they'll address the fact that they hide under "confidentiality" that leads to questionable practices for which the public should be well aware of. I seriously doubt the issue will ever be addressed by CPS. I also question whether another 10 years will go by w/o change until more children are hurt and more families are torn apart. When it's in their best interest, they commonly say "its confidential" which to me is code for "uh-oh, I can't answer that, I don't have an explanation or justification for that". Just as quickly as they say it, they revoke when they have the need to publicly humiliate you with allegations that are mostly false.

Below is finding #2 taken directly from the Grand Jury report:

Finding 2: A shield of privacy and secrecy that surrounds much of the operations of CPS is unwarranted. This lack of transparency serves to raise questions and leads to inaccurate conclusions being made regarding what takes place in CPS. The acknowledged need to protect the confidentiality of case information can be accomplished without adopting a “closed door” attitude.

Recommendation 2: Greater transparency of CPS operations must be exhibited on the part of CPS management. They should do more to aggressively open the doors of CPS activities to the eyes of the public, the County Board of Supervisors, non-profit organizations, K – 12 schools and universities, the Legislature, the medical community, and the media. Transparency does not prevent possible negative publicity, but does mean that questions can be asked and answered in an atmosphere of openness and honesty.

An Underground World...

2009-09-26T17:36:00.000-07:00

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.

Hear Me Out, Please!

2009-09-26T17:33:00.000-07:00

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

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

2009-09-23T03:05:00.000-07:00

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.

CPS Hearing with the Ways and Means Commitee - US House of Representatives

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

2009-09-21T23:33:00.001-07:00

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

Foster Care Funding in CA (Statistics included)

2009-09-19T13:22:00.001-07:00

*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*

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:

*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.)

Family Law Definitions

2009-08-30T17:04:00.001-07:00

Easy to understand FAMILY LAW definitions

An amazing tool to use while involved in the family law system (dependency court, juvenile court, family court, divorces, probate relating to child custody, adoptions, etc.)

The website address is

http://www.nolo.com/dictionary/family-law-divorce/index.html

For other law definitions here is another link to all law terms

http://www.nolo.com/dictionary/home.html

Follow-up letter to Mr. Howard Paden (Cherokee Nation Rep.) updating him on the case!

2009-08-17T18:31:00.000-07:00

Dear Mr. Paden,

First I'd like to say Happy New Year and I hope you had a wonderful time during the holidays. I haven't heard from you lately and wasn't sure how you felt about the case and what your level of involvement will be for the upcoming trial. Over the past 6 weeks or so I have educated myself as much as I could in regards to the Indian Child Welfare Act (ICWA) and how it related to my case. I feel confident in the knowledge I have and the next step I will be taking. Which is one of the main reasons I wanted to email you.

Since I spoke with you in November, I have been feeling confident because up until last week, everything seemed to be going well. As far as transfer of attorneys and setting pre-trial and trial, all went as planned. However, when I was finally able to meet with my new attorney last Tuesday (12/30/08) it turned out to be a disaster. As I said before, I have spent every moment I have educating myself so I can fight for the return of my children. When I arrived to meet with my attorney, she had not looked over my case file at all. In her file, she had one report and that was it. The most recent report from the social worker Yong Ueda. Not much information can be obtained from that report aside from the fact it is inaccurate and outdated. I explained to my attorney I would be arguing that ICWA violations occured from the beginning. Specifically notification requirements and active effort requirements. I've provided you with a detailed list below. She refused to represent me on ICWA violations even though they are valid reasons for which I have proof. She said she would wait to speak with you and ICWA could not be argued unless you took jurisdiction of the case. I was fortunate to have my father with me during the meeting. I explained to her that I would be pursuing the ICWA violations whether the Cherokee Nation would be pursing them or not. I let her know this was my plan and if she was unwilling to represent me to please notify me so I could make other arrangements. Again she said she'd let me know after she spoke with you. She never contacted me and failed to return my call when I attempted to contact her again.

I arrived at court with my father at 8AM Monday morning. While I was there I was very fortunate to meet with a Native American Child and Family advocate by the name of Jolene. She took an interest in my case and although she had other cases for which she was there, she waited with me through the day gathering info from me in-between her other 2 cases. When my case was finally called, she came into the courtroom and sat with my father. When my case was finally called, I was very concerned because I had not spoken with my attorney and did not have a clue in regards to the status. After all we were there for pre-trial which usually means any type of discovery and/or list of witnesses is to be provided to the court. Apparently most aspects of the case where discussed before I was called in. I was in the courtroom for no more than 2 minutes. The trial date of January 13, 2009 was confirmed and I was present when they asked if you were missing any documents. I attempted to let my attorney know I was not comfortable with the confirmation of the trial date because I didn't know if she would be representing me and what the plan of action was. I asked my attorney to please come and speak with me. She spoke with me in the lobby and my father and Jolene were with us also. Again, she said she refused to represent me on ICWA and continued to say that ICWA did not apply to this case. Jolene expressed to my attorney that she must represent me, that ICWA applied, and Jolene also asked that we set an appointment to organize the petitions and paperwork before trial on 1/13/09. Again, my attorney refused to represent me regarding anything other than accepting guardianship and this time refused to make an appointment with me unless it was ONLY me. My attorney argued with me that you (or a Cherokee Nation representative) were on the phone for each and every hearing from April 2006-April 2008. I addressed the fact that in April 2008 (I'll have to check the dates but I believe approx. at that time) we were having trial and on the 3rd day of trial, after already declaring one mistrial by Referee Horton, a second mistrial was declared by Judge Petersen. When we reconvined on that third day, Judge Petersen called you and appologized repeatedly for not following up on the tribes request to intervene. The judge along with the department (CPS) took responsibility for losing the paperwork and not following procedures and timelines. I remember you asked him if all active efforts had been made to prevent the break-up of the Indian family, and he said yes. However, that is not true. What he did not tell you was that we already had one trial, we just concluded another trial, and he did not tell you that since the removal of my children I was participating in services, each and everyday. Doing every single service that they requested I do and more. Also, that I had been doing it at the time my children were removed, that there was never a break in my treatment program, and that my children had been removed from my care improperly from the beginning. It became very apparent to me and the attorney I had at that time, (privately retained Michael Borkowski) that Judge Petersen was not willing to allowing very important documentation into discovery. This is when I realized I would need to educate myself because nobody was willing to really take a good look at the case. I knew it was up to me to fight for the return of my children. Since that time, I have learned I will need to address the ICWA violations by filing a "388 petition or a petition to invalidate".

Aside from the fact that information was concealed, misrepresented, and/or withheld; my son was removed for a different reason entirely than my first 3 children (9 months apart to be specific) and a seperate "investigation" was said to be conducted for his removal. However, if a complete and thorough investigation was done, it would have been clear that they had no reason to place my son in protective custody and that he needed to be returned to my care. At some point in time, the cases were combined to look as if they were 1 case with the same core issues. I have included some information about methadone below that was written by John McCarthy, M.D. Executive/Medical Director, Bi-Valley Medical Clinic, Inc. (he also heads the pregnancy program at Bi-Valley [BVMC]). The first three articles are most important, especially the article on Quantitative Urine Drug Monitoring (a type of urinalysis testing much more effective than the testing provided by Valley Toxicollogy [the contracted lab for Sacramento County]). Also, I have faxed the most important documents which detail the Memorandum of Understanding (MOU) between Sacramento County Dept. of Health and Human Services (DHHS)/Child Protective Services (CPS) and BVMC.

The reason I am sending you these documents is to show you that BVMC is in fact a treatment facility that also provides medication management. BVMC is well respected in the community and have the only pregnancy program for opiate-dependent patients in Sacramento County.

Below are 3 articles from Dr. McCarthy/Bi-Valley regarding MMT (Methadone Maintenance Treatment)
http://www.bi-valley.com/Articles/HighDoseMethadoneMaintenancePG.htm

http://www.bi-valley.com/Articles/QuantitativeUrineDrugMonitoringInMethadonePgs.pdf

http://www.bi-valley.com/Articles/CPS_Drug_Use_Dilemma2.htm

Opiates and the Brain presentation provided by Dr. McCarthy/Bi-Valley Medical Clinic (the following 2 links)
http://www.bi-valley.com/Files/BV_PostOpiatesBrain2005v2.pdf
http://www.bi-valley.com/Files/BV_PostOpiatesBrain2005.mht

Is there a rock bottom?

2009-08-17T18:20:00.001-07:00

Wow! What a week! Just when I think the worst is over...I'm proved wrong! At this point I wonder if a "rock bottom" exists. I am mentally exhausted and have been on the computer since 9AM trying desperately to escape this hole that won't seem to end. I'm now going on 14 hours of computer time and that is dedicated only to my kids and my Non-Profit I'm trying desperately to get off the ground.

In the midst of the never ending battle for my kiddos, I find out they are being moved down south! WHAT? Stopping me in my tracks having to refocus my attention on probate court custody battles. The battle with whom? My sister!

These court battles that have been going on for 3 1/2 years now preclude me from picking up the pieces because they litterly take my day and night, preparing my own defense because I can't afford another $6000 to retain a private attorney. Let's face it...court appointed attorneys for the family court system are merely paper pushers who provide no real legal counsel let alone good advice. So my life is filled with days and long nights at the law library preparing my own defense. Fighting for my babies, this I can handle. It's a war I will fight to the death if need be and for which I will never surrender. However, in the midst of this...I think I deserve an honory law degree!

The other chaotic absurdities in my life which I attract with no honey, trust me! A sudden blip on my credit report for $23,000...PLEASE GIVE ME A BREAK! Now being billed at a monthly rate of $500.00 per month, per child is racking up at a rate I cannot possibly catch up with. Surely the next bill I receive will probably be every other fee they stick me with in regards to this INVOLUNTARY child custody proceeding! Its clear that the driving force for Sacramento County seems to be money. However, this dual billing of parents for child support (also referred to as "double dipping") is yet another means for funding their inadequate, unaccountable, and corrupt policies.

Self-pity...a horrible trait that I normally don't have; but hey, what is normal in my life over the past 3 yrs? My daughter says it's for a greater purpose...and that's what keeps me going. My kids, and the faith in my strength and determination that I will make it through because there is no other choice! "Defeat your enemies with success!" (unknown).

"Action may not always bring happiness; but there is no happiness without action." ~Disraeli

Sacramento Superior Court judge faces judicial misconduct allegations - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

2009-08-17T18:07:00.001-07:00

Sacramento Superior Court judge faces judicial misconduct allegations - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

Posted using ShareThis

Letters to Dr. Geni Cowan - Expert ICWA Witness contracted by Sacramento County

2009-08-17T18:03:00.001-07:00

***A LETTER WRITTEN TO THE INDIAN CHILD WELFARE ACT (ICWA) EXPERT WITNESS HIRED BY THE COUNTY OF SACRAMENTO, CPS - *IT SHOULD BE NOTED THAT WHEN DR. COWAN ARRIVED AT THE COURT TO GIVE EXPERT TESTIMONY AGAINST ME IT WAS THE 1ST TIME I HAVE EVERY SPOKEN WITH HER BESIDES THE CORRESPONDENCE BELOW. AFTER SPEAKING IN DETAIL WITH DR. COWAN, SHE WOULD BE UNABLE TO PROVIDE ACCURATE TESTIMONY ON THAT DAY BECAUSE VITAL INFORMATION WAS WITHHELD FROM HER, ACCURATE CONTACT INFO WAS NOT GIVEN TO HER, AND FALSE STATEMENTS WERE MADE TO HER. SHE NEEDED SOME TIME TO LOOK OVER THE NEW INFO IN ORDER TO PROVIDE AN ACCURATE RECOMMENDATION. IN THE END, DR. COWAN CHANGED HER TESTIMONY ADDRESSING COMPLIANCE ON MY PART AS TO THE COURTS' ORDERS. In my opinion, it reasonable to question why the Sacramento County CPS would need to lie or withhold exculpatory evidence...hide anything for that fact, if it is legitimate, honest, accurate information!

Dr. Geni Cowan,

My name is Heather Hoover and I currently have a CPS case that you will be providing expert testimony in and have already given a recommendation for. If you can please contact me regarding your recommendation it would be much appreciated. As you will see in the detailed email below, I have many concerns regarding your recommendation and the validity of the information provided to you. When I contacted you in April 2008 I wanted to meet with you just to discuss the information you had and provide you with anything you may not have so that you could make an accurate recommendation. However, your recommendation was not adopted by the court at that time so an appointment with you was never scheduled. Recently it was brought to my attention that again you provided another recommendation. Of course I have the same concerns I had last time, if not more. I was disappointed to see you provided an updated recommendation and again, you did not attempt to speak with me. Especially since I had previously contacted you about my concerns.

I just want to let you know that I live this case everyday of my life. I have educated myself about ICWA and have submersed myself in anything and everything that will help me in the fight to get my kids back. I refuse to sit back and "settle" with the fact that its too late, I can't go back, and that I should be happy with the fact they are offering me guardianship. That I should take it because most people involved in "the system" with young children usually have their parental rights terminated already and their children already adopted. No! I refuse to be content with that because the bottom line is my children never should have been removed in the first place. Which I understand you probably hear on a consistent basis. The difference between me and the "norm" is that I have proof to back up everything I have to say. At the same time, I don't expect anyone to believe anything I am saying without the proof to back it up.

I'd also like to let you know, that currently I am to address the fact that ICWA has not been complied with on many levels. Since compliance with the ICWA is what you are addressing in your recommendation and expert testimony, in order for you to provide expert testimony, it is vital for you to contact me to obtain all of the information and documentation.

Below is a copy of the original email I sent to you on April 16, 2008:

From: Heather Hoover
Sent: Wednesday, April 16, 2008 12:20 PM
To: gcowan@eagleblue.net ; hhsmiles@live.com
Subject: ICWA Testimoney- Case #1561651: HOOVER

Dr. Geni Cowan,

My name is Heather Hoover and I am writing to you in regards to Case# 1561651: HOOVER

I just received a copy of your report and recommendation today at the Contested Permanency Review Hearing. I was very concerned as to the "facts" and "details" included in your recommendation. I was unaware that you were trying to get a hold of me and I would have been more than happy to speak with you and provide you any information you needed. My telephone number or address has not changed within the past year and the social worker, Sandra Gomez, should have provided you with that accurate information.

I don't know you at all, but I'm sure that your best interest is helping families/children. With that in mind, I'm guessing that when you are asked to assess a situation and provide a recommendation, you only want accurate and complete honest information. Keeping that in mind, I wanted to tell you that almost all of the statements that you made and/or quoted are false, inaccurate, and I'd go so far to say, blatant lies. I have proof to dispute 99% of the statements you made and I believe that the entire report/recommendation you provided to the court were based on fictitious investigations, interviews, and reports provide to you by the Department of Health and Human Services (DHHS). More specifically Child Protective Services (CPS) and Sandra Gomez, Reunification/Human Services Social Worker, CPS. I'm not aware who provided you with my contact information, but as I said above, my contact information for the last year has remained the same. I can be reached through my home number, cell number, my home address, my email address, and if you still can't reach me, there are also alternate means as listed below:

Michael Borkowski (my attorney) - Office, Cell, Email, Mailing Address
Ron Dawson (my father) - Home, Cell, Mailing Address, Physical Address
Linda Dawson (my mother) - Home, Cell, Work, Physical and/or Mailing Address
Krista Dawson/Janell DeAngelis (my sister and her partner) - Home, Cell, Work, Physical/Mailing Address, Email
Bi-Valley Medical Clinic (my current SUBSTANCE ABUSE TREATMENT PROVIDER - I've been a patient there since May 29, 2004 - I have never been discharged from Bi-Valley Medical Center in the 3 years and 10 months I have been there). - Bi-Valley's Main Number, my counselor, Dr. McCarthy, email, physical address.

I believe the fault in the misrepresentation you received is not your own. However, I hope now that you are aware of the situation, you would please contact me so I can give you the information you need to know to make a correct, honest, and un-biased recommendation.

I look forward to hearing from you and thank you for your time.

Thank You,
Heather Hoover

MY ENTIRE STORY - as written a year ago!

2009-08-08T19:33:00.001-07:00

My name is Heather, 29 yr.old mother of 4 (ages 12, 10, 3, 1) - I live in Citrus Heights and have resided in Sacramento county for almost 9 yrs. Please note that I have no prior history with CPS, and before this occured, my parenting abilities have never been questioned. I have a lot to say, but the following info below is the core.

A 2 1/2yr. battle w/ CPS (Dept. of Health & Human Services - Sacramento County) that seems to have no end in sight. January 4, 2006 my children were removed and placed in protective custody. Their allegations were substance abuse and domestic violence. 8 pm-a knock at my door, a social worker and 2 officers coming to take my children. WHY? No investigation was done! I remained calm for my kids, they didn't need to see the breakdown I was having internally. I told them not to worry, I would fix tomorrow morning. I meant it! I had every reason to believe I could clear it up. I was already in a outpatient treatment facility (Bi-Valley Medical Clinic - BVMC). In fact, BVMC had pertinent information that could clear it up immediately. I was drug tested on a random basis, I received weekly counseling w/ a MFT, I participated in a perinatal group program once a week, and was evaluated and treated by the psychologist for anxiety spectrum disorder. BVMC had a lot of info that could specifically address the concerns CPS had. Specifically the history of random drug screening I submitted to. However, CPS refused to accept valuable information from BVMC. Actually, they were unwilling to communicate with BVMC at any time. I was shuffled in and out of family court blindly, w/o direction or understanding of anything that was occuring. For fear that I would lose my children permanently, I tried to do whatever it was that CPS was requesting. So, w/o any proof of their allegations, I was ordered into substance abuse treatment. Keep in mind I was still in treatment at BVMC, still participating in all the services I described above. According to CPS, BVMC is not a substance abuse program, they ONLY provide medication maintence. Not acceptable to CPS. But heres the thing; BVMC and CPS/DHHS actually have a MOU, "creating a working relationship" among the two parties. In fact, protocol was established outlining any CPS issues related to BVMC patients. 9 months after my kids were taken, my husband and I had another baby. I was pregnant before my kids were removed. I knew they could not taken my son "Just because" my other kids were taken. Neither me, or my son tested positive for illegal drugs. However, I was on methadone maintence during my pregnancy. Well, they took my son too! Severe neglect ONLY pertaining to methadone. This issue, also addressed in the MOU mentioned above. I'd like to say, that my children are my world. My husband and I have been married for 13 yrs, he is the father of all of my children. I have never been arrested, in trouble for drugs, I worked for the state of CA and left that job to be at home with my kids. I was my daughters' Girl Scout leader, I did the reading program at their school as well. My ultimate goal was to home school them. They were my life, and my life has been torn apart. In 2002 I became dependent on vicodin as a result of surgery. In 2004 I found out I was pregnant. I wanted off the vicodin NOW, but I needed help. W/ my husbands support, we spoke w/ the doctor to discuss the options. He made it very clear that abruptly stopping was dangerous and would risk miscarriage or premature delivery. He advised to continue taking the vicodin and he'd look into area programs. He referred me to BVMC because they have a pregnancy program. I didn't want to get on methadone, but there was no other safe option. I enrolled and was educated on methadone. It was very safe to take while pregnant and supress withdrawl which is dangerous for the baby. In addition, I could breastfeed while on methadone w/o it passing to the baby through breastmilk. I was advised that the baby may have withdrawl at birth, and the severity of the withdrawl, if any, was not influenced by the dose the mother is taking. I am actually a perfect example of that. I delivered my daughter at 120 mgs. and she was healthy and had no withdrawl. When I delivered my son, I was taking 80 mgs, and he did have withdrawl.

Bottom line, CPS will not return my children to my care because I would not participate in a program. In addition, my son was taken specifically because of the methadone Its very clear to me, that CPS will do whatever it takes to prove them right. There is no factual basis to anything they report. There is no due process, no rationale.

I could go on and on. This has taken control over my life since the day they were taken. I missed 2 1/2 yrs with my kids that I'll never get back. My oldest daughters transformation from girl to teen, when she needs me the most. My newborn son, and all of his firsts I missed. Holidays when I was not allowed to visit with my children. The worst part is the trauma my kids have had to endure. Life for my family will never be the same, never. I will never forget the fear, the terror in my daughters eyes when we opened the door that night.

I'm not sure if you can help or point me in the right direction. My goal is to make this public, to expose the damage that has been done by an organization meant to protect children. An organization that has destroyed my children!

CPS investigation - First hand experience of "altered" records

2009-08-08T19:17:00.001-07:00

Letter to M. Lundstrom from the Sacramento Bee attempting to correspond with her regarding my experience with CPS. I have contacted M. Lundstrom several times but it seems that the Sacramento Bee is bias in their reporting and unwilling to address ALL of the issues regarding Sacramento County CPS and the family court system.

I'm writing to you in regards to your investigation of Sacramento County Child Protective Services (CPS). Your investigation and follow-up is extremely valuable to expose the corruption from within CPS. Sacramento CPS has "bent" the policy and function of the agency so often, that they believe they can do whatever they want, whenever they want, and it's ok because it's in the "best interest of the child". They have no shame when they are confronted with violations on their part, even when they are blatantly obvious. Changing documents, ommitting vital information, and cover-up for prior social workers and their "investigations" happen more frequently than many are willing to admit. I have first hand knowledge of CPS and their corruption because I have been fighting with them for 3 years now.

The so called "investigations" conducted by CPS go far beyond the children that are returned to unsafe homes with their lives at risk. They cannot conduct investiagations at any level. If CPS makes a visit to a home because of a report, an investigation should follow. However, in my case, one never occured. Here I am, 3 years later, fighting the system for my children back when they never should have been taken in the first place. I had no CPS history, criminal history, and provided them with more than enough info to prove my innocence. Not one time, was I able to provide that information. It was omitted from documentation, and along the way encounter several "altered" documents covering up for other social workers who did not do their job properly. It is a very important issue that puts children in the system when there is no need to. Which in turn, creates more cases and more work for CPS when their focus needs to be on children in real danger and literal life or death situations.

I'm sure in your investigation, you found a lot of these situations. There has also been investigations of the "system" that come to the same conclusion. I'm not sure if you are familiar with the investigation conducted by the Blue Ribbon Commision. They too concluded that the system is loaded with children that never needed to be removed in the first place. Another investigation of Sacramento County CPS found the same issue. In addition to some findings that discussed CPS inability to admit their mistakes when they are wrong. Children being improperly removed are among those findings.

A local man by the name Don Lyons wrote a book called WARNING! The Truth About Child Protective Services and the Staggering Impact on Society. If you have not done so already, I reccommend that you do read it. It provides detailed info about his experiences with "the system". I'm sure you already know that what he describes in his book are daily happenings, "business as usual" for Sacramento County CPS. Almost everything he encountered in "the system" are almost identical to my experiences. Something I did learn while reading his book was the responsibility of the judges/referees/court system.

Court File Details CPS "Vendetta"

2009-08-08T19:09:00.001-07:00

*Read the article titled "COURT FILE DETAILS CPS 'VENDETTA'" at the link below*
http://www.sacbee.com/ourregion/story/1792879.html

First letter contacting the Cherokee Nation

2009-08-08T19:05:00.001-07:00

To Whom It May Concern,

I'm contacting you today in hopes that you will help me get my children returned to me. My children are my life, my air, they are my everything. I've been battling a CPS case here in California for almost 3 years now. My children belong with me, in my care, the best possible place for them to be. The strong family bond we once had is broken. The stability they once knew has been unnecessarily disrupted for almost 3 years now (35 months to be specific). So I'm contacting you out of pure desperation.

My children were taken from my home for unfounded allegations. No investigation was done and what has transpired since January 2, 2006 can only be described as a chaotic nightmare. My case was unique because I had proof that their allegations were false. I had documentation, letters of treating physicians, and released any and all records I had to prove my innocence. The night my children were removed, I remained calm in the presence of my children and told them there must be some mistake. I also told my children that it would be cleared up the following morning and try not to worry. I told them that because that is what I honestly believed. However, I was shuffled through the system, not understanding that I didn't have a prayer. All documention I had was never looked at. In fact, I was never given the opportunity to discuss it with anyone. My children were removed January 2, 2006, a detention hearing never occured. In fact, the jusris/dispo hearing was not held until January 31, 2006 (29 days later). At that hearing, I brought my proof of innocence, as I said above, nobody would even look at the documentation I had. In fact, nobody would even allow me to discuss it with them. The first meeting I had with my court-appointed attorney occured 5 minutes before we were called in by the judge.

At some point in time, Sacramento County CPS contacted the Cherokee Nation for expert testimony and recommendation. A recommendation was provided to CPS and the court from the Cherokee Nation without ever speaking to me, my children, my family, or anyone else associated with the case. In fact, I was unaware the Cherokee Nation was even involved until I went to court and received the report from the social worker with the recommendation attached. I said to myself several times, how could something like this happen? I now know the answer. It is clear that Sacramento County CPS provided you inaccuate, biased information. I believe they only provided documentation to support their view. I believe they lied to you, omitted vital information, did not provide accurate contact information for all parties involved, and mislead you when they said "reasonable efforts" where made to prevent the break-up of the indian family.

Sacramento County, CA - DHHS; CPS - just some thoughts

2009-08-08T18:40:00.001-07:00

I am coming up on my 3 year anniversary since my children were removed from my home. By anniversary I mean: chaos, corruption, a nightmare I can't escape, lies, cover-ups, and there are far too many issues for me to list at the moment.

The lessons I have learned about "the system" and how it is meant to punish the guilty and free the innocent is pure BS the moment you step into the family courthouse .When I say "the system" I am referring to Sacramento County, DHHS; CPS; along with the family law system. I am only familiar with CPS and how they run their game!

BY THE WAY - Never just go out and hire a lawyer that you have not sat down and spoken extensively with. My personal opinion would be at least an hour and a half, which is great; but if you are able to consult with the attorney for longer DO IT!!!! Secondly, make sure to check with the CA State Bar Association (Attorney Search). This is very easy to do and I wish I had been wiser...my family wouldn't be out $6500.00 at this point in time. We had M. Borkowski out of Sacramento, CA. I really shouldn't discuss that issue for right now. But, like I said, make sure you are involved, honest, and willing to be upfront with ALL in order to have successful representation.

*I am not an attorney, and the info I have written about above is my opinion and nothing more. Please make sure you consult with an attorney or seek legal help before making any decisions regarding your children.

**Also, the "paper attorneys" that are appointed counsel for each parent, DO NOT have time to hear explanations, review proof, and will undoubtedly try to rush you through the court system because "complying" is the quickest way to children returned to their parents! HAHA! That is just more BS flying out of their mouths to shut you up, run you through each "station" as I prefer to call it. Without fail, 5 minutes into to a conversation with your attorney your case will be called and your attorney knows nothing about you, your kids, your situation, and most importantly...the truth! For real, does "the system" actually believe there is a chance on Earth a parent can get a fair hearing or trial? You know the answer to that.

A protocol of sorts needs to be provided to parents immediately after the removal of their children. Forthcoming will be a blog of links to ensure you evoke all of your rights when dealing with "they system". I realize that there are parents that are guilty of the allegations brought forth against them and for those parents that are involved and trying to turn their lives around, more power to them. Just remember, you can do everything they ask you to do, whenever they ask you to, be fully compliant, go to DDC for 6 months instead of 3, have always been compliant, and complete the program with flying colors...AFTER EVERYTHING YOU DID, WHICH WAS EXACTLY WHAT THEY WANTED YOU TO DO, they inform you that they STILL want to terminate your parental rights. And YES they can do it, they did so to my ex-husband.

I'm out for 2nite! God Bless and have a wonderful evening!
2 my kiddos ~ I GIVE YOU ALLLLLL MY LOVE!!!!!!

TEAR's for Family Continuity

The Loss of Family Heritage: Related to the Definition of our Kids Lives

Earlier reference by NCCPR's Richard Wexler to what I call "CPS Industry Complex"

NCYL Tests CA Child Abuse Death Disclosure Law - My thoughts

More news on little Amariana Crenshaw

CPS Industry Complex (my term) relating to Military Industry Complex

MILITARY INDUSTRY COMPLEX - What is it and HOW DOES IT RELATE TO CPS?

How does this relate to CPS?

What we have here, in my opinion, is officially a CPS INDUSTRY COMPLEX

Foster Care Funding (Statistics Included) *REPOST*

Most recent letter to the Cherokee Nation

Families vs. The Child Thieves (Poem)

Corruption of CA Courts Continues

"Privacy and secrecy of CPS unwarranted" GRAND JURY Finding#2

An Underground World...

Hear Me Out, Please!

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

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

Foster Care Funding in CA (Statistics included)

Family Law Definitions

Follow-up letter to Mr. Howard Paden (Cherokee Nation Rep.) updating him on the case!

Is there a rock bottom?

Sacramento Superior Court judge faces judicial misconduct allegations - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

Letters to Dr. Geni Cowan - Expert ICWA Witness contracted by Sacramento County

MY ENTIRE STORY - as written a year ago!

CPS investigation - First hand experience of "altered" records

Court File Details CPS "Vendetta"

First letter contacting the Cherokee Nation

Sacramento County, CA - DHHS; CPS - just some thoughts

Foster Care Funding (Statistics Included) REPOST

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