Federal judge should hear Arlington CPS case

Federal judge should hear Arlington CPS case | Barbara Hollingsworth | Columnists | Washington Examiner:

BY: Barbara Hollingsworth | 11/15/11 8:05 PM
Local Opinion Editor
One of the most disturbing stories I've ever written for The Washington Examiner was about a 3-week-old baby girl who was snatched from her mother's arms and placed in foster care by Arlington County Child Protective Services because she lost 10 ounces after birth. Baby Sabrina's story hit me hard in the gut because that could have been me; my youngest daughter lost a whole pound postpartum.
Newborn weight loss is normal, Sabrina was under a doctor's care and had even regained all of her lost birth weight when she was taken. Kit Slitor, a freelance video editor, and his wife, Nancy Hey, a federal employee, were never charged with or convicted of child abuse or neglect, and the Virginia Department of Social Services exonerated them of any wrongdoing. It didn't matter.

After doing everything social workers and the Arlington Domestic and Juvenile Relations Court, or DJR, demanded of them -- including home inspections, supervised visitation, and psychological testing -- their parental rights were terminated and Sabrina was put up for adoption. They spent more than $250,000 fighting for her, all the way to the Virginia Supreme Court, which declined to hear their case.

Four years later, their story still haunts me.

On Sept. 16, a class-action lawsuit modeled after a similar pleading in Massachusetts was filed in federal court in Alexandria on behalf of eight children -- including Sabrina -- who have been placed in foster care by Arlington County.

The list of serious accusations contained in the lawsuit against DJR Judges George Varoutsos and Esther Wiggins, Assistant Commonwealth's Attorney Jason McCandless, and various Arlington CPS officials is long: perjury, RICO violations of civil rights, fraud upon the court, obstruction of justice, unconstitutional "ex parte" hearings, court orders that were never served, depriving parents of their due process rights, "missing" court orders, illegal searches and seizures, and felony removal of documents from court files, to name just a few.

Arlington CPS "has not implemented the reforms necessary to remedy the severe and persistent legal violations within its foster care system, despite its longstanding knowledge of these systemic ills," the lawsuit alleges. The allegations are so grave that if the judicial system were working properly, an emergency restraining order against DJR would be issued immediately.

Don't hold your breath. The "next friend" lawsuit was filed by nonlawyer James Renwick Manship, a disabled Navy cryptologist and court-appointed special advocate, on behalf of foster children and their impoverished parents. It's the longest of long shots aimed directly at a corrupt, unaccountable system that holds every card in the deck.

Or almost every card. Judge James Cacheris caused quite a legal stir in May when he cited the landmark Supreme Court Citizens United ruling to strike down a ban on corporate political donations. Campaign finance is an important issue, but it pales in comparison with judicial kidnapping, which strikes at the very heart of Americans' God-given rights.

If social workers and judges can take your child away without due process, the Constitution is nothing more than a piece of paper the powerful can continue to ignore with impunity.

There's still a chance that Cacheris, who was appointed to the federal bench by President Reagan, will search his conscience, rise to the occasion, and allow this David vs. Goliath case to proceed to trial despite tremendous pressure from the legal establishment to ignore the compelling evidence of official misconduct and continue covering up this rot.

Stay tuned.

Barbara F. Hollingsworth is The Examiner's local opinion editor.



Read more at the Washington Examiner: http://washingtonexaminer.com/opinion/columnists/2011/11/federal-judge-should-hear-arlington-cps-case#ixzz1iEBDHZcB

HB591 Public Assembly-New Hampshire

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United States Code: Title 18,666. Theft or bribery concerning programs receiving Federal funds

United States Code: Title 18,666. Theft or bribery concerning programs receiving Federal funds | LII / Legal Information Institute:

TITLE 18 > PART I > CHAPTER 31 > § 666
Prev | Next
§ 666. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FUNDS
How Current is This?
(a) Whoever, if the circumstance described in subsection (b) of this section exists—
(1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof—
(A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that—
(i) is valued at $5,000 or more, and
(ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or
(B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or
(2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more;
shall be fined under this title, imprisoned not more than 10 years, or both.
(b) The circumstance referred to in subsection (a) of this section is that the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance.
(c) This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.
(d) As used in this section—
(1) the term “agent” means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative;
(2) the term “government agency” means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program;
(3) the term “local” means of or pertaining to a political subdivision within a State;
(4) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(5) the term “in any one-year period” means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.

2012 Year of The CHILD and end of the Corruption from the STATE and GOVERNMENT!

2012 Year of The CHILD and end of the Corruption from the STATE and GOVERNMENT!

by Kristie Hudgins Leahey on Sunday, January 1, 2012

From the legislative desk of Senator Nancy Schaefer 50th District of
Georgia
November 16, 2007
Updated: September 25, 2008
THE CORRUPT BUSINESS OF CHILD PROTECTIVE
SERVICES
BY: Nancy Schaefer
Senator, 50th District
My introduction into Child Protective Service cases was due to a grandmother in an adjoining
state who called me with her tragic story. Her two granddaughters had been taken from her
daughter who lived in my district. Her daughter was told wrongly that if she wanted to see
her children again she should sign a paper and give up her children. Frightened and young,
the daughter did. I have since discovered that parents are often threatened into cooperation
of permanent separation of their children.
The children were taken to another county and placed in foster care. The foster parents were
told wrongly that they could adopt the children. The grandmother then jumped through
every hoop known to man in order to get her granddaughters. When the case finally came to
court it was made evident by one of the foster parent’s children that the foster parents had, at
any given time, 18 foster children and that the foster mother had an inappropriate
relationship with a caseworker.
In the courtroom, the juvenile judge, acted as though she was shocked and said the two girls
would be removed quickly. They were not removed. Finally, after much pressure being
applied to the Department of Family and Children Services of Georgia (DFCS), the children
were driven to South Georgia to meet their grandmother who gladly drove to meet them.
2
After being with their grandmother two or three days, the judge, quite out of the blue, wrote
up a new order to send the girls to their father, who previously had no interest in the case and
who lived on the West Coast. The father was in “adult entertainment”. His girlfriend worked
as an “escort” and his brother, who also worked in the business, had a sexual charge brought
against him.
Within a couple of days the father was knocking on the grandmother’s door and took the girls
kicking and screaming to California.
The father developed an unusual relationship with the former foster parents and soon moved
to the southeast. The foster parents began driving to the father’s residence and picking up
the little girls for visits. The oldest child had told her mother and grandmother on two
different occasions that the foster father molested her.
To this day after five years, this loving, caring blood relative grandmother does not even have
visitation privileges with the children. The little girls are, in my opinion, permanently
traumatized and the young mother of the girls was so traumatized with shock when the girls
were first removed from her that she has never completely recovered. The mother has rights
but the father still has custody of the children.
Throughout this case and through the process of dealing with multiple other mismanaged
cases of the Department of Family and Children Services (DFCS), I have worked with other
desperate parents across the state of Georgia and in many other States because their children
were taken for no cause and they have no one with whom to turn. I have witnessed ruthless
behavior from many caseworkers, social workers, investigators, lawyers, judges, therapists,
and others such as those who “pick up” the children. I have been stunned by what I have
seen and heard from victims all across this land.
In this report, I have focused mainly on the Georgia Department of Family and Children
Services (DFCS). However, I believe Child Protective Services nationwide has become
corrupt and that the entire system is broken beyond repair. I am convinced parents and
families should be warned of the dangers.
The Department of Child Protective Services, known as the Department of Family and
Children Services (DFCS) in Georgia and other titles in other states, has become a “protected
empire” built on taking children and separating families. This is not to say that there are not
those children who do need to be removed from wretched situations and need protection.
However, this report is concerned with the children and parents caught up in “legal
kidnapping,” ineffective policies, and an agency that on certain occasions would not remove a
child (or children) when the child was enduring torment and abuse.
In one county in my District, I arranged a meeting for thirty-seven families to speak freely
and without fear. These poor parents and grandparents spoke of their painful, heart
3
wrenching encounters with DFCS. Their suffering was overwhelming. They wept and cried.
Some did not know where their children were and had not seen them in years. I had
witnessed the “Gestapo” at work and I witnessed the deceitful conditions under which
children were taken in the middle of the night, out of hospitals, off of school buses, and out of
homes. In one county a private drug testing business was operating within the agency’s
department that required many, many drug tests from parents and individuals for profit.
It has already made over $100,000.
Due to being exposed, several employees in this particular office were fired. However, they
have now been rehired either in neighboring counties or in the same county again. According
to the calls I am now receiving, the conditions in that county are returning to the same
practices that they had before the light was shown on their evil deeds.
Having worked with probably 300 cases statewide, and now hundreds and hundreds across
this nation and in nearly every state, I am convinced there is no responsibility and no
accountability in Child Protective Services system.
I have come to the conclusion:
· that poor parents very often are targeted to lose their children because they do not have
the where-with-all to hire lawyers and fight the system. Being poor does not mean you
are not a good parent or that you do not love your child, or that your child should be
removed and placed with strangers;
· that all parents are capable of making mistakes and that making a mistake does not
mean your children are to be removed from the home. Even if the home is not perfect,
it is home; and that’s where a child is the safest and where he or she wants to be, with
family;
· that parenting classes, anger management classes, counseling referrals, therapy classes
and on and on are demanded of parents with no compassion by the system even while
the parents are at work and while their children are separated from them. (some times
parents are required to pay for the programs) This can take months or even years and
it emotionally devastates both children and parents. Parents are victimized by “the
system” that makes a profit for holding children longer and “bonuses” for not
returning children to their parents;
· that caseworkers and social workers are very often guilty of fraud. They withhold and
destroy evidence. They fabricate evidence and they seek to terminate parental rights
unnecessarily. However, when charges are made against Child Protective Services, the
charges are ignored;
4
· that the separation of families and the “snatching of children” is growing as a business
because local governments have grown accustomed to having these taxpayer dollars to
balance their ever-expanding budgets;
· that Child Protective Services and Juvenile Court can always hide behind a
confidentiality clause in order to protect their decisions and keep the funds flowing.
There should be open records and “court watches”! Look who is being paid!
There are state employees, lawyers, court investigators, guardian ad litems, court
personnel, and judges. There are psychologists, and psychiatrists, counselors,
caseworkers, therapists, foster parents, adoptive parents, and on and on. All are
looking to the children in state custody to provide job security. Parents do not realize
that the social workers are the glue that hold “the system” together that funds the
court, funds the court appointed attorneys, and the multiple other jobs including the
“system’s” psychiatrists, therapists, their own attorneys and others.
· that The Adoption and the Safe Families Act, set in motion first in 1974 by Walter
Mondale and later in 1997 by President Bill Clinton, offered cash “bonuses” to the
states for every child they adopted out of foster care. In order to receive the “adoption
incentive bonuses” local child protective services need more children. They must have
merchandise (children) that sells and you must have plenty so the buyer can choose.
Some counties are known to give a $4,000 to $6,000 bonus for each child adopted out to
strangers and an additional $2,000 for a “special needs” child. Employees work to keep
the federal dollars flowing;
· State Departments of Human Resources (DHR) and affiliates are given a baseline
number of expected adoptions based on population. For every child DHR and CPS can
get adopted, there is the bonus of $4,000 or maybe $6,000. But that is only the
beginning figure in the formula in which each bonus is multiplied by the percentage
that the State has managed to exceed its baseline adoption number. Therefore States
and local communities work hard to reach their goals for increased numbers of
adoptions for children in foster care.
· that there is double dipping. The funding continues as long as the child is out of the
home. There is funding for foster care then when a child is placed with a new family,
then “adoption bonus funds” are available. When a child is placed in a mental health
facility and is on 16 drugs per day, like two children of a constituent of mine, more
funds are involved and so is Medicaid;
· As you can see this program is ordered from the very top and run by Health and
Human Resources. This is why victims of CPS get no help from their legislators. It
explains why my bill, SB 415 suffered such defeat in the Judicial Committee, why I was
5
cut off at every juncture. Legislators and Governors must remember who funds their
paychecks.
· that there are no financial resources and no real drive to unite a family and help keep
them together or provide effective care;
· that the incentive for social workers to return children to their parents quickly after
taking them has disappeared and who in protective services will step up to the plate and
say, “This must end! No one, because they are all in the system together and a system
with no leader and no clear policies will always fail the children. Just look at the waste
in government that is forced upon the tax payer;
· that the “Policy Manuel” is considered “the last word” for CPS/DFCS. However, it is
too long, too confusing, poorly written and does not take the law into consideration;
· that if the lives of children were improved by removing them from their homes, there
might be a greater need for protective services, but today children are not safer.
Children, of whom I am aware, have been raped and impregnated in foster care;
· It is a known fact that children are in much more danger in foster care than they are
in their own home even though home may not be perfect.
· that some parents are even told if they want to see their children or grandchildren,
they must divorce their spouse. Many, who are under privileged, feeling they have no
option, will divorce and then just continue to live together. This is an anti-family policy,
but parents will do anything to get their children home with them. However, when the
parents cooperate with Child Protective Services, their behavior is interpreted as
guilt when nothing could be further from the truth.
· Fathers, (non-custodial parents) I must add, are oftentimes treated as criminals without
access to visit or even see their own children and have child support payments
strangling the very life out of them;
· that the Foster Parents Bill of Rights does not stress that a foster parent is there
temporarily to care for a child until the child can be returned home. Many foster
parents today use the Foster Parent Bill of Rights as a means to hire a lawyer and seek
to adopt the child placed in their care from the real parents, who are desperately trying
to get their child home and out of the system. Recently in Atlanta, a young couple
learning to be new parents and loving it, were told that because of an anonymous
complaint, their daughter would be taken into custody by the State DFCS. The couple
was devastated and then was required by DFCS to take parenting classes, alcohol
counseling and psychological evaluations if they wanted to get their child back. All of
the courses cost money for which most parents are required to pay. While in their
6
anxiety and turmoil to get their child home, the baby was left for hours in a car to die in
the heat in her car seat by a foster parent who forgot about the child. This should never
have happened. It is tragic. In many cases after the parents have jumped through all
the hoops, they still do not get their child. As long as the child is not returned, there is
money for the agency, for foster parents, for adoptive parents, and for the State.
· that tax dollars are being used to keep this gigantic system afloat, yet the victims,
parents, grandparents, guardians and especially the children, are charged for the
system’s services.
· that grandparents have called from all over the State of Georgia and from other states
trying to get custody of their grandchildren. CPS claims relatives are contacted, but
there are many many cases that prove differently. Grandparents who lose their
grandchildren to strangers have lost their own flesh and blood. The children lose their
family heritage and grandparents, and parents too, lose all connections to their heirs.
· that The National Center on Child Abuse and Neglect in 1998 reported that six times as
many children died in foster care than in the general public and that once removed to
official “safety”, these children are far more likely to suffer abuse, including sexual
molestation than in the general population. Think what that number is today ten years
later!
· That according to the California Little Hoover Commission Report in 2003, 30% to
70% of the children in California group homes do not belong there and should not have
been removed from their homes.
RECOMMENDATIONS
1. Call for an independent audit of all State Child Protective Services (CPS) and for a
Federal Congressional hearing on Child Protective Services nationwide.
2. Activate immediate change. Every day that passes means more families and children
are subject to being held hostage and their lives destroyed.
3. Abolish the Federal and State financial incentives that have turned Child Protective
Services into a business that separate families for money.
4. Grant to parents their rights verbally and in writing.
7
5. Mandate a search for family members to be given the opportunity to adopt their
own relatives if children need to be removed permanently.
6. Mandate a jury trial where every piece of evidence is presented before permanently
removing a child from his or her parents. Open family court. Remove the secrecy.
Allow the press and family members access. Give parents the opportunity in court to
speak and be a part of their children’s future.
7. Require a warrant or a positive emergency circumstance before removing children
from their parents. (Judge Arthur G. Christean, Utah Bar Journal, January, 1997
reported that “except in emergency circumstances, including the need for immediate
medical care, require warrants upon affidavits of probable cause before entry upon
private property is permitted for the forcible removal of children from their parents.”)
8. Uphold the laws when someone fabricates or presents false evidence. If a parent
alleges fraud, hold a hearing with the right to discovery of all evidence made available
to parents.
FINAL REMARKS
On my desk are scores of cases of exhausted families and terrified children. It has been
beyond me to turn my back on these suffering, crying, and beaten down individuals.
We are mistreating the most innocent. Child Protective Services have become an adult
centered business to the detriment of children. No longer is judgment based on what the child
needs or who the child wants to be or with whom, or what is really best for the whole family;
it is some adult or bureaucrat who makes the decisions, based often on just hearsay, without
ever consulting a family member, or just what is convenient, profitable, or less troublesome
for the social workers.
I have witnessed such injustice and harm brought to so many families that I am not sure if I
even believe reform of the system is possible! The system cannot be trusted. It does not serve
the people. It obliterates families and children simply because it has the power to do so.
Children deserve better. Families deserve better. It’s time to pull back the curtain and set
our children and families free.
“Speak up for those who cannot speak for themselves, for the rights of all who are destitute.
Speak up and judge fairly; defend the rights of the poor and the needy” Proverbs 31:8-9

Playing in the grass, open fields may ease ADHD

Playing in the grass, open fields may ease ADHD - Health - Children's health - msnbc.com:

Kids with attention deficit hyperactivity disorder who regularly play outside in settings with lots of green, such as grassy open fields and parks, have milder ADHD symptoms than children who play indoors or at playgrounds, a new study shows.

Happy New Year! 2012-The Year of the Children!

Happy New Year! 2012 is the Year of the Children!
It's time to bring the children home!

Alabama Children's Family Act is a 'fit parent's bill of equal rights'

Alabama Children's Family Act is a 'fit parent's bill of equal rights' - Huntsville divorce support | Examiner.com:

MONTGOMERY (Examiner.com) – The new year's resolution of parents rights advocates in Alabama? To provide better safeguards for every fit parent's equal rights to their children.

Some folks talk about how Alabama has a long history of violating the civil rights of its citizens, citing the Civil Rights movement of the 1960s along with the immigration debate of today. Others point out that the people of Alabama, too, have a long history of defending those civil rights. History, it seems, is on the side of the people.

Reminiscent of days past, thousands of fit parents across the State are organizing for the upcoming 2012 legislative session. Their object? Passage of the Alabama Children's Family Act, a bill some are calling 'a fit parent's bill of rights.'

Supporters cite numerous statewide incidents of fit parents having their fundamental Constitutional rights to their children stripped by state courts without due process or equal protection under the law. They also cite federal lawsuits currently pending against the State of Alabama and the State Department of Human Resources for civil rights violations and other violations of federal and state law.


Interest in the legislation, by ordinary citizens and legislators alike, appears to be growing daily.

Mark Davis of the Alabama Family Rights Association (ALFRA), who has an in depth understanding of the proposed legislation, recently announced on the open Facebook group 'Alabama Child Custody Discussion Page' that numerous legislators have been contacting ALFRA about the bill. By explaining to each legislator the true intent of the bill he said, 'They are coming on board, one at a time.'

Davis commented that, 'During the last session, there was so much misinformation about the bill that it never moved to a vote after passing in the Senate Hearing committee.' In an attempt to shine some light on the bill which few people may have the time to study, we asked, 'What does the Alabama Children's Family Act really mean for Alabama?'

Page two of the bill states it would, 'safeguard due process, equal protection and liberty interest rights found in the U.S. Constitution and the Alabama Constitution for Alabama children, and to ensure children have freedom of association with each of the two fit parents.'

These safeguards would apply regardless of the fit parents' marital status.

The bill would require a parenting plan in every case involving the custody of a child. It would require certain basic provisions for every parenting plan including a designation of which parent may exercise primary authority in making child rearing decisions such as emergency medical decisions or extracurricular activities at designated times.

While it encourages two fit parents to come to an agreement which is suitable to their own circumstances, the bill requires the court to order 'equal parenting time with each of the two fit parents...absent an agreement between the parents not to adopt an equal parenting time arrangement.'

The Alabama Children's Family Act does not require the court to order equal parenting time in those cases where 'one or both parents is determined to be unfit.' However, the bill stipulates the requirement of a 'finding by a court that a parent is unfit to be made in writing and supported by clear and convincing evidence.'

Close examination of the text of the proposed bill would appear to substantiate the above claims. At only sixteen pages, it is shorter in length than most bills. Supporters point out that it grants discretion to family court judges while protecting the associational rights of children to each of their two fit parents.

Many hope that this bill will lighten the caseload on local courts which should have a positive financial impact on the State and increase the efficiency of our court system. They also express a belief that it will provide a more stable family life for thousands of Alabama children.

While their hopes are yet to be seen, primarily due to the inaction of state legislators to pass a similar bill last session, all indications are that 2012 will be a positive year for family rights in Alabama. ALFRA members encourage anyone interested in joining their efforts to contact them about becoming a member and to volunteer.

'We have to stand together' is a common theme throughout online discussion boards about alleged civil rights abuses in family law courts across the country. ALFRA says the best way to do that is to pick up the phone and call your legislator. One member said, 'Tell them you support the Alabama Children's Family Act and you expect them to do the same in the upcoming legislative session.'

In parting, an ALFRA member ends our conversation with a well known quote by the philosopher Edmund Burke, 'The only thing necessary for the triumph [of evil] is for good men to do nothing.'

Then he looked at me and plainly asked, 'Now, what are you going to do to help?'

CLICK HERE TO VIEW THE TEXT OF THE BILL

CLICK HERE TO VIEW THE SUPPLEMENTAL INFORMATION GUIDE

CLICK HERE TO VIEW A SAMPLE PARENTING PLAN

CLICK HERE TO VISIT THE ALABAMA FAMILY RIGHTS ASSOCIATION

CLICK HERE TO GET YOUR LEGISLATOR'S CONTACT INFORMATION