NH Supreme court rules state law allowing grandparents to seek custody is constitutional
By USA, Lawyers Weekly
Publication: Lawyer's Weekly USA
Date: Monday, February 13 2006
The maternal grandmother of a child born out of wedlock could seek shared custody with the father without a showing that he was an unfit parent, the New Hampshire Supreme Court has ruled in upholding the constitutionality of a state statute allowing grandparent custody under a best interest standard.
The mother gave birth to a baby girl after a one-time sexual encounter with the father.
For the first six and one-half-years of the child's life, the father refused to take responsibility for her. During that time, the child lived approximately half the time in the mother's home and the other half in her maternal grandmother's home.
The father filed for custody after paternity tests established his parentage and because of the mother's continuing emotional and substance abuse problems.
The grandmother intervened, seeking joint custody under a state law allowing an award of custody to a grandparent or stepparent if the court determines that such an award is in the best interest of the child.
http://www.allbusiness.com/legal/3506427-1.html
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Thursday, January 28, 2010
NH Supreme Court Appeal Challenging the Adoption of Austin Knightly
My NH Supreme Court appeal challenging the adoption of my grandson Austin Knightly was denied. No surprise! I got the decision in the mail yesterday. NH claims grandparents have no standing. When a child lives with the grandparents due to a court-ordered placement and the child is forefully removed due to Judge shopping by a DCYF Attorney, without a court order or warrant, which DCYF states they have when they force their way into your home, the grandparents DO have standing! No hearing. No nothing! The corruption is never-ending in this state.
I guess grandparents aren't really considered family. At least that's how NH DCYF and the NH Judicial system think's.If it weren't for grandparents, our children wouldn't be having children for DCYF to steal and sell to the highest bidder. Yet we don't matter as far as the law is concerned. I'm starting to believe our government really is trying to stick it to the older citizen's.They would rather drug a child and turn him into a zombie instead of letting him live a life without pain. A life of normalcy. A life where he can be happy, with the grandparents he longs to be with. The grandparents who treated him as their own and loved him as their own, who basically raised him. Anything for the almighty dollar. Will they ever figure out money isn't everything?
I filed my motion of appeal on October 14th, 2009. The NH Attorney General's office had 10 days to respond, according to the NH Supreme Court Rule's. Rule 22 to be exact. October 24th would have been the tenth day. When I didn't receive anything in the mail, I figured I was safe.
I filed my brief's on December 3rd and also filed an injunction the same day to stop the adoption of Austin, which meant the state had ten day's to respond to the injunction. December 13th came along. No response. I figured I was safe again. I thought maybe the AG's office finally realizes Austin should be placed with us. Wrong!
I received an objection by the AG's office on Dec. 17th, objecting to the injunction, four day's late. So I filed a Motion for Permission to Reply and asked the AG's objection to be stricken as it was not filed on time. I received a response from the Supreme Court. My request to strike the objection was denied.
I never receieved an objection to my appeal until Dec.23rd, just in time for Christmas. How caring! Seeing as the objection was 60 day's late from the time I filed my motion on Oct. 14th, I filed another Motion for Permission to reply and to have the objection stricken due to an untimely filing.I received the Supreme Court decision yesterday, which states the AG's office objection was timely filed and I was denied again, along with the denial of my appeal.
I really need to ask, are the rules of the NH court's only supposed to be followed by the NH citizen's? Is the AG's office exempt from following these rules? Sure seem's that way to me! I know DCYF is exempt from following any rules! This fight is far from over. I don't intend to let my grandson die at the hands of the state of NH! Or anyone elses child for that matter!
I guess grandparents aren't really considered family. At least that's how NH DCYF and the NH Judicial system think's.If it weren't for grandparents, our children wouldn't be having children for DCYF to steal and sell to the highest bidder. Yet we don't matter as far as the law is concerned. I'm starting to believe our government really is trying to stick it to the older citizen's.They would rather drug a child and turn him into a zombie instead of letting him live a life without pain. A life of normalcy. A life where he can be happy, with the grandparents he longs to be with. The grandparents who treated him as their own and loved him as their own, who basically raised him. Anything for the almighty dollar. Will they ever figure out money isn't everything?
I filed my motion of appeal on October 14th, 2009. The NH Attorney General's office had 10 days to respond, according to the NH Supreme Court Rule's. Rule 22 to be exact. October 24th would have been the tenth day. When I didn't receive anything in the mail, I figured I was safe.
I filed my brief's on December 3rd and also filed an injunction the same day to stop the adoption of Austin, which meant the state had ten day's to respond to the injunction. December 13th came along. No response. I figured I was safe again. I thought maybe the AG's office finally realizes Austin should be placed with us. Wrong!
I received an objection by the AG's office on Dec. 17th, objecting to the injunction, four day's late. So I filed a Motion for Permission to Reply and asked the AG's objection to be stricken as it was not filed on time. I received a response from the Supreme Court. My request to strike the objection was denied.
I never receieved an objection to my appeal until Dec.23rd, just in time for Christmas. How caring! Seeing as the objection was 60 day's late from the time I filed my motion on Oct. 14th, I filed another Motion for Permission to reply and to have the objection stricken due to an untimely filing.I received the Supreme Court decision yesterday, which states the AG's office objection was timely filed and I was denied again, along with the denial of my appeal.
I really need to ask, are the rules of the NH court's only supposed to be followed by the NH citizen's? Is the AG's office exempt from following these rules? Sure seem's that way to me! I know DCYF is exempt from following any rules! This fight is far from over. I don't intend to let my grandson die at the hands of the state of NH! Or anyone elses child for that matter!
Wednesday, January 27, 2010
Open Message to Nashua DCYF
Just a message to Nashua DCYF. I know your moles are on here watching everything I write and you have yourselves to thank. I hope you like my blog, as I speak the truth and you are the people, (I use that term loosely) that have inspired me to fight the corruption and the abuses of a government system gone astray. A government agency accountable to no-one. An agency that cares nothing about children or families.
You call yourselves "Child Protector's?" Do you even know what it mean's to protect a child? Do you have any idea what it's like to lose a child, taken illegally, through lies? Do you know what its like to follow the rules and live by the laws of the land and to really help people, only to be lied about in order to steal a child? A child that would never have been born without the love and caring of a real family? A child that you wouldn't have made big money off of and still are, if she had died? I hope some day you'll look back and realize how you've hurt so many children and innocent families. Hopefully, some day you'll realize money means nothing compared to the life of a child.
So thank you for giving me a mission in life. To fight for the wrongfully accused. Just think, I used to spend my time with my grandchildren, alway's happy and looking out for my family. Now I spend my time fighting the fraud and corruption of DCYF. A fight for all children taken illegally, all for the almighty dollar!
You call yourselves "Child Protector's?" Do you even know what it mean's to protect a child? Do you have any idea what it's like to lose a child, taken illegally, through lies? Do you know what its like to follow the rules and live by the laws of the land and to really help people, only to be lied about in order to steal a child? A child that would never have been born without the love and caring of a real family? A child that you wouldn't have made big money off of and still are, if she had died? I hope some day you'll look back and realize how you've hurt so many children and innocent families. Hopefully, some day you'll realize money means nothing compared to the life of a child.
So thank you for giving me a mission in life. To fight for the wrongfully accused. Just think, I used to spend my time with my grandchildren, alway's happy and looking out for my family. Now I spend my time fighting the fraud and corruption of DCYF. A fight for all children taken illegally, all for the almighty dollar!
CPS-Mandated Classes - What Should You Do?
CPS-Mandated Classes - What Should You Do?
Written by: My good friend Brenda Alexander
January 26, 2010
© All rights Reserved
Editor's Note: If you want to reprint this on your website or blog, please feel free to do so. Brenda would appreciate credit and a link back to her blog. You can email her at bwalexander3@yahoo.com, to let her know you've used it as she always feels honored when someone likes what she has to say. It's all about raising awareness and we don't let our ego's get involved. Here is a link to her blog CPS - A System Out of Control.
Once CPS has come into your life and substantiated an abuse and/or neglect charge against you, they're going to force you to jump through a lot of hoops in order to get your children back. One of the biggest problems concerning this is that it's never enough.
First, they want you to take drug and alcohol tests. Even if you're on a prescription drug, legally prescribed by a doctor, if the test comes back positive, they will force you into rehab even if you're not addicted. Also, narcotic pain medication only comes back as positive for opiates. It does not differentiate from Tylenol #3 and heroin. One mixed drink at dinner or a glass of wine, you'll test positive for alcohol. There are far too many traps in taking drug tests. Also, there are a lot of innocent things that can cause false positives. Certain cold medications can make you test positive for PCP. Poppy seeds can make your drug test positive for opiates. Just being in the same room with someone smoking marijuana will make you test positive for THC.
If you are required to take random drug tests, I suggest that you bring along a home test to take in front of the social worker. Most likely she won't document it or make any reference to it in her report but you can. What I would do is then to write them a letter, send it registered mail, and copy it to her boss, your attorneys, the judge, the children's CASA or GAL and anyone else stating that you took a drug test in addition and that it came back clean. If nothing else, it might keep them honest. I've heard of some social workers who actually lie (God forbid) in court and say that a drug/alcohol test came back positive. Always have a back-up plan and document everything. I cannot stress this enough.
The next thing they force you to do is take parenting classes. Once you agree to taking them (you really have no choice), you are basically admitting to the social/case worker that you're a bad parent and need help. The social worker is not going to tell you this either. My husband and I took so many different classes that I can only remember the name of one of them and that was "Love and Logic." Well, the problem here is that the next class we were forced to take contradicted what was said in the first class. It went on and on from there. When we reached the end and there were no more classes to take, we had to start the process all over again. Of course CPS made it sound like we failed the first time around and had to retake the classes in order to pass. This was extremely upsetting as not only did we finish the class, we excelled in them. Our parenting facilitator even wrote the judge about it. That didn't matter. The only person the judge listened to was the social worker, Nancy Wells.
Domestic violence is the next issue they will make you go through. It does not matter if you were really in an abusive relationship or not, they will force you to take an assessment or to go to counseling for DV. This is a very slippery slope here. If you refuse to go to counseling or therapy, then you are going to be non-compliant with the safety plan. If you do go, then you're admitting that your spouse or significant other abused you. Or maybe they'll even claim that you're the abuser as women can be just as abusive as men. If that's the case, then one or both of you will be forced into taking DV (domestic violence) classes and/or anger management. In many cases, the social worker will force you to leave the other parent, especially if it's a step-parent. They feel they have the power to break up marriages and the sad fact is, they do have that power.
Of course at the end of all of this, they will add more and more on to the list. It's never going to be enough. They always preface what they have to say by stating on the record, "and anything else we deem necessary for the parent(s) to do." There is no end. Once you've exhausted all their resources, you'll be forced to find others on your own. The problem is, if the state is not the one giving the class, most judges won't accept their assessments of you. I recommend that you take additional classes even if they're not required. A lot of churches and charities offer free parenting, DV, and anger management classes. Even if the judge or social worker doesn't accept it, your attorney can get it on the record.
The most important thing to do once CPS has become involved in your life is documentation. Find out what the recording laws are in your state and if it's allowed, and you have the capability to do so, videotape or tape record every single interaction you have with anyone involved in your case. I strongly recommend that you do this with your attorney as well, especially if they are court-appointed. If taping is not allowed or if you have to get the other party's permission and they deny you permission, then you write down everything that is said during that meeting. Even the most minor-sounding thing can be huge in court. Make sure they know you're documenting everything. Repeat back to them what you heard them say so there is no mistaking what was said.
Unfortunately, we don't have a choice in the matter or at least not any good choices. If we refuse to take the classes or drug testing, they will use that against you in court. If you do take the classes, then you're admitting you need them. The best thing to do is again document that you don't agree with the need to take these but you will do so because it's required of you to take the classes and/or tests.
Another important thing to do is is to make sure that the things you are required to do are given to you in a timely fashion. It is not uncommon for CPS agents to delay services for an extended length of time in order to make you fail. If David and I had not crashed that first parenting class, I'm not sure how long it would have taken our social worker to get to it. Do not let them do this to you as there is a specific time limit that you have to complete your assignments. Familiarize yourself with the Adoption and Safe Families Act. It's the law that gives CPS federal adoption bonus money for every child adopted out of the foster care system. Do not give them an excuse to use this law against you.
Posted by Divotdawg at 1:12 PM
http://cpsasystemoutofcontrol.blogspot.com/
Written by: My good friend Brenda Alexander
January 26, 2010
© All rights Reserved
Editor's Note: If you want to reprint this on your website or blog, please feel free to do so. Brenda would appreciate credit and a link back to her blog. You can email her at bwalexander3@yahoo.com, to let her know you've used it as she always feels honored when someone likes what she has to say. It's all about raising awareness and we don't let our ego's get involved. Here is a link to her blog CPS - A System Out of Control.
Once CPS has come into your life and substantiated an abuse and/or neglect charge against you, they're going to force you to jump through a lot of hoops in order to get your children back. One of the biggest problems concerning this is that it's never enough.
First, they want you to take drug and alcohol tests. Even if you're on a prescription drug, legally prescribed by a doctor, if the test comes back positive, they will force you into rehab even if you're not addicted. Also, narcotic pain medication only comes back as positive for opiates. It does not differentiate from Tylenol #3 and heroin. One mixed drink at dinner or a glass of wine, you'll test positive for alcohol. There are far too many traps in taking drug tests. Also, there are a lot of innocent things that can cause false positives. Certain cold medications can make you test positive for PCP. Poppy seeds can make your drug test positive for opiates. Just being in the same room with someone smoking marijuana will make you test positive for THC.
If you are required to take random drug tests, I suggest that you bring along a home test to take in front of the social worker. Most likely she won't document it or make any reference to it in her report but you can. What I would do is then to write them a letter, send it registered mail, and copy it to her boss, your attorneys, the judge, the children's CASA or GAL and anyone else stating that you took a drug test in addition and that it came back clean. If nothing else, it might keep them honest. I've heard of some social workers who actually lie (God forbid) in court and say that a drug/alcohol test came back positive. Always have a back-up plan and document everything. I cannot stress this enough.
The next thing they force you to do is take parenting classes. Once you agree to taking them (you really have no choice), you are basically admitting to the social/case worker that you're a bad parent and need help. The social worker is not going to tell you this either. My husband and I took so many different classes that I can only remember the name of one of them and that was "Love and Logic." Well, the problem here is that the next class we were forced to take contradicted what was said in the first class. It went on and on from there. When we reached the end and there were no more classes to take, we had to start the process all over again. Of course CPS made it sound like we failed the first time around and had to retake the classes in order to pass. This was extremely upsetting as not only did we finish the class, we excelled in them. Our parenting facilitator even wrote the judge about it. That didn't matter. The only person the judge listened to was the social worker, Nancy Wells.
Domestic violence is the next issue they will make you go through. It does not matter if you were really in an abusive relationship or not, they will force you to take an assessment or to go to counseling for DV. This is a very slippery slope here. If you refuse to go to counseling or therapy, then you are going to be non-compliant with the safety plan. If you do go, then you're admitting that your spouse or significant other abused you. Or maybe they'll even claim that you're the abuser as women can be just as abusive as men. If that's the case, then one or both of you will be forced into taking DV (domestic violence) classes and/or anger management. In many cases, the social worker will force you to leave the other parent, especially if it's a step-parent. They feel they have the power to break up marriages and the sad fact is, they do have that power.
Of course at the end of all of this, they will add more and more on to the list. It's never going to be enough. They always preface what they have to say by stating on the record, "and anything else we deem necessary for the parent(s) to do." There is no end. Once you've exhausted all their resources, you'll be forced to find others on your own. The problem is, if the state is not the one giving the class, most judges won't accept their assessments of you. I recommend that you take additional classes even if they're not required. A lot of churches and charities offer free parenting, DV, and anger management classes. Even if the judge or social worker doesn't accept it, your attorney can get it on the record.
The most important thing to do once CPS has become involved in your life is documentation. Find out what the recording laws are in your state and if it's allowed, and you have the capability to do so, videotape or tape record every single interaction you have with anyone involved in your case. I strongly recommend that you do this with your attorney as well, especially if they are court-appointed. If taping is not allowed or if you have to get the other party's permission and they deny you permission, then you write down everything that is said during that meeting. Even the most minor-sounding thing can be huge in court. Make sure they know you're documenting everything. Repeat back to them what you heard them say so there is no mistaking what was said.
Unfortunately, we don't have a choice in the matter or at least not any good choices. If we refuse to take the classes or drug testing, they will use that against you in court. If you do take the classes, then you're admitting you need them. The best thing to do is again document that you don't agree with the need to take these but you will do so because it's required of you to take the classes and/or tests.
Another important thing to do is is to make sure that the things you are required to do are given to you in a timely fashion. It is not uncommon for CPS agents to delay services for an extended length of time in order to make you fail. If David and I had not crashed that first parenting class, I'm not sure how long it would have taken our social worker to get to it. Do not let them do this to you as there is a specific time limit that you have to complete your assignments. Familiarize yourself with the Adoption and Safe Families Act. It's the law that gives CPS federal adoption bonus money for every child adopted out of the foster care system. Do not give them an excuse to use this law against you.
Posted by Divotdawg at 1:12 PM
http://cpsasystemoutofcontrol.blogspot.com/
grandparent child custody(Not in NH!)
grandparent child custody (Must be nice!)
January 26, 2010 9:36 am
Are you a grandparent raising grandchildren? If you are, or know someone who fits this description, then you are aware of the stress associated with change and being a second-time-around parent. It is not the grandchildren who are causing the stress, because you know what a blessing it is to have them around.
Stress comes from changes in your financial status, changes in the family structure and schedules, and the reason you needed to take in your grandchildren. Any time you experience sudden or drastic change in your life, you experience stress.
Stress can cause some very common health-related problems including fatigue, insomnia, high blood pressure, cancer, stroke, heart attacks and other illnesses. Unless you take control and learn how to manage the stress, it may lead to chronic illness and sudden death if not managed properly. Your grandchildren need you, so it is important to take care of yourself.
The 6 Steps of Stress RELIEF can help you gain control of what is causing you stress and help you lead a more peaceful life.
RELAX
Yes, I know. It is easier said than done. With a few quick strategies to do during the day, you will start feeling more relaxed.
Start by writing down what is causing you stress; then, write down possible solutions. Sometimes writing it down can help inspire solutions.
Keep a gratitude journal. Daily gratitude helps keep you focused on what is good: raising your grandchildren and having them close to you. When you focus on the positive things, more come your way.
EAT RIGHT and EXERCISE
The food that we eat has a profound affect on our attitude and well-being. Eating natural, whole foods will help you feel better, have more energy and reduce the stress that accompanies poor eating habits.
Of course it is a well known fact that exercise is good for you. It helps reduce the stress hormones in your body that create health problems. Enjoy a nature walk with your grandchildren. Whether you go out in the back yard or go to the park, this will keep you all healthy and happy.
Exercising your mind can also reduce stress. Books, puzzles, brain teasers and games are tools to keep your brain active, and can also be incorporated into activities with your grandchildren.
LIVE, LOVE and LAUGH
Enjoy the special moments with your grandchildren. Playing games, baking cookies, having a tea party or watch funny movies together will help build that special bond between you and your grandchildren while helping you relieve your stress.
INNER PEACE
Inner peace can be found through meditation, faith and spirituality. This is a more personal area of which you need to determine how to address this. It may involve prayer, going to church or having a few moments alone to meditate.
ENVIRONMENT
Additional family members living in your home can lead to clutter and limited space. Making room for your grandchildren so that they have a place to store their toys, clothes and personal possessions, can help you all feel more relaxed. If space is an issue, consider getting rid of thing in your home that you do not need any longer.
FAMILY and FRIENDS, or Other Support Systems
Your grandchildren are true blessings. Building communications with them, involving them in conversations and sharing experiences, are excellent ways of building that bond between you and reducing stress. Other family members, whether inside or outside the home, or close friends, can be a source of comfort during stressful times.
If stress becomes too overwhelming, or you do not have people close for a source of support, you may want to consider hiring a coach or seeking counseling before the stress becomes too great.
To begin your stress relief journey, make a list of those strategies you are going to implement and put them into action. By doing so, you are inviting gratitude, balance and tranquility into your life.
Kay Fontana, “The Grandcoach,” helps baby boomers overcome the challenges of raising grandchildren. A grandmother for 12 years, Kay and her husband have been sharing responsibilities of raising their 6-year-old grandson. She is a certified coach with a bachelor’s and a master’s in education, and has dedicated over 20 years to teaching, training, mentoring and coaching.
Kay’s passion and purpose is helping others overcome challenges and reach their goals. Her coaching and training programs focus on helping grandparents who are raising grandchildren, by facilitating breakthroughs to life’s obstacles. She specializes in the areas of managing change and transition, reducing stress and conflict, understanding personality types and achieving goals
http://www.myfight4kids.com/grandparent-child-custody/
January 26, 2010 9:36 am
Are you a grandparent raising grandchildren? If you are, or know someone who fits this description, then you are aware of the stress associated with change and being a second-time-around parent. It is not the grandchildren who are causing the stress, because you know what a blessing it is to have them around.
Stress comes from changes in your financial status, changes in the family structure and schedules, and the reason you needed to take in your grandchildren. Any time you experience sudden or drastic change in your life, you experience stress.
Stress can cause some very common health-related problems including fatigue, insomnia, high blood pressure, cancer, stroke, heart attacks and other illnesses. Unless you take control and learn how to manage the stress, it may lead to chronic illness and sudden death if not managed properly. Your grandchildren need you, so it is important to take care of yourself.
The 6 Steps of Stress RELIEF can help you gain control of what is causing you stress and help you lead a more peaceful life.
RELAX
Yes, I know. It is easier said than done. With a few quick strategies to do during the day, you will start feeling more relaxed.
Start by writing down what is causing you stress; then, write down possible solutions. Sometimes writing it down can help inspire solutions.
Keep a gratitude journal. Daily gratitude helps keep you focused on what is good: raising your grandchildren and having them close to you. When you focus on the positive things, more come your way.
EAT RIGHT and EXERCISE
The food that we eat has a profound affect on our attitude and well-being. Eating natural, whole foods will help you feel better, have more energy and reduce the stress that accompanies poor eating habits.
Of course it is a well known fact that exercise is good for you. It helps reduce the stress hormones in your body that create health problems. Enjoy a nature walk with your grandchildren. Whether you go out in the back yard or go to the park, this will keep you all healthy and happy.
Exercising your mind can also reduce stress. Books, puzzles, brain teasers and games are tools to keep your brain active, and can also be incorporated into activities with your grandchildren.
LIVE, LOVE and LAUGH
Enjoy the special moments with your grandchildren. Playing games, baking cookies, having a tea party or watch funny movies together will help build that special bond between you and your grandchildren while helping you relieve your stress.
INNER PEACE
Inner peace can be found through meditation, faith and spirituality. This is a more personal area of which you need to determine how to address this. It may involve prayer, going to church or having a few moments alone to meditate.
ENVIRONMENT
Additional family members living in your home can lead to clutter and limited space. Making room for your grandchildren so that they have a place to store their toys, clothes and personal possessions, can help you all feel more relaxed. If space is an issue, consider getting rid of thing in your home that you do not need any longer.
FAMILY and FRIENDS, or Other Support Systems
Your grandchildren are true blessings. Building communications with them, involving them in conversations and sharing experiences, are excellent ways of building that bond between you and reducing stress. Other family members, whether inside or outside the home, or close friends, can be a source of comfort during stressful times.
If stress becomes too overwhelming, or you do not have people close for a source of support, you may want to consider hiring a coach or seeking counseling before the stress becomes too great.
To begin your stress relief journey, make a list of those strategies you are going to implement and put them into action. By doing so, you are inviting gratitude, balance and tranquility into your life.
Kay Fontana, “The Grandcoach,” helps baby boomers overcome the challenges of raising grandchildren. A grandmother for 12 years, Kay and her husband have been sharing responsibilities of raising their 6-year-old grandson. She is a certified coach with a bachelor’s and a master’s in education, and has dedicated over 20 years to teaching, training, mentoring and coaching.
Kay’s passion and purpose is helping others overcome challenges and reach their goals. Her coaching and training programs focus on helping grandparents who are raising grandchildren, by facilitating breakthroughs to life’s obstacles. She specializes in the areas of managing change and transition, reducing stress and conflict, understanding personality types and achieving goals
http://www.myfight4kids.com/grandparent-child-custody/
Family preservation is SAFER than foster care.
Family preservation is SAFER than foster care.
The failings of America’s child welfare system can be summed up by the very rationalization often used to justify the way it works today, an approach that can be boiled down to “take the child and run.” You’ve probably heard it many times: Sure adults may suffer when their children are needlessly taken away, but, it is claimed, we have to “err on the side of the child.” In fact, there probably is no phrase in the child welfare lexicon that has done more harm to children than “err on the side of the child.”
· When a child is needlessly thrown into foster care, he loses not only mom and dad but often brothers, sisters, aunts, uncles, grandparents, teachers, friends and classmates. For a young enough child it can be an experience akin to a kidnapping. Other children feel they must have done something terribly wrong and now they are being punished. One recent study of foster care “alumni” found they had twice the rate of post-traumatic stress disorder of Gulf War veterans and only 20 percent could be said to be “doing well.” (See our publication, 80 Percent Failure) How can throwing children into a system which churns out walking wounded four times out of five be “erring on the side of the child?”
A second study, of 15,000 cases, is even more devastating. That study found that even maltreated children left in their own homes with little or no help fared better, on average, than comparably- maltreated children placed in foster care. (See our publication, The Evidence is In.) So whenever anyone tells you that rushing to tear children from their parents is “erring on the side of the child” please remember the 15,000 children who would gladly tell you otherwise if they could.
All that harm can occur even when the foster home is a good one. The majority are. But the rate of abuse in foster care is far higher than generally realized and far higher than in the general population. (For details, see NCCPR’s Issue Papers.) That same alumni study found that one-third of foster children said they’d been abused by a foster parent or another adult in a foster home. (The study didn’t even ask about one of the most common forms of abuse in foster care, foster children abusing each other). Switching to orphanages won’t help — the record of institutions is even worse.
Furthermore, the more a foster care system is overwhelmed with children who don’t need to be there, the less safe it becomes, as agencies are tempted to overcrowd foster homes and lower standards for foster parents. If a child is taken from a perfectly safe home only to be beaten, raped or killed in foster care, how is that “erring on the side of the child”?
•But even that isn’t the worst of it. Everyone knows how badly caseworkers are overwhelmed. They often make bad decisions in both directions – leaving some children in dangerous homes, even as more children are taken from homes that are safe or could be made safe with the right kinds of services. The more that workers are overwhelmed with children who don’t need to be in foster care, the less time they have to find children in real danger. So they make even more mistakes in both directions. That is almost always the real explanation for the horror-story cases that make headlines.
None of this means no child ever should be taken from her or his parents. Rather, it means that foster care is an extremely toxic intervention that must be used sparingly and in small doses. But for decades, America’s child welfare systems have prescribed mega-doses of foster care.
The only systems that succeed emphasize family preservation
● Thanks to a class-action lawsuit, Alabama is rebuilding its entire child welfare system to emphasize keeping families together. Alabama takes away children at one of the lowest rates in the nation. But the state has cut the rate of reabuse of children left in their own homes in half, and the independent, court-appointed monitor who oversaw the lawsuit found that children are safer now than they were before the changes. (See our Issue Papers and this New York Times story about the Alabama reforms.)
● That’s also the lesson from Illinois. A decade ago, at any one time, more than 50,000 children were trapped in all forms of substitute care. Today the number is under 17,000. Illinois takes away children at an even lower rate than Alabama. And in Illinois, as in Alabama, independent court-appointed monitors have found that, as the number of children taken away has declined, child safety has improved.
Why it works
Contrary to the common stereotype, most parents who lose their children to foster care are neither brutally abusive nor hopelessly addicted. Far more common are cases in which a family’s poverty has been confused with child “neglect.” Several studies have found that 30 percent of America’s foster children could be home right now if their parents just had decent housing. And single parents, desperate to keep their low-wage jobs when the sitter doesn’t show may have to choose between staying home and getting fired, or going to work and having their children taken on “lack of supervision” charges. (See NCCPR Issue Papers 5 and 6.) And all of the problems are compounded by pervasive racial bias. (See NCCPR Issue Paper 7.)
Other cases fall between the extremes, the parents neither all victim nor all villain. What these cases have in common is the fact that there are a wide variety of proven programs that can keep these children in their own homes, and do it with a far better track record for safety than foster care.
Some of those “in-between cases” involve drug abuse. And that raises another question: Why even bother with parents – usually mothers — in these cases? But the reason to “bother” is not for the sake of the parents, but for their children.
University of Florida Medical Center researchers studied two groups of infants born with cocaine in their systems. One group was placed in foster care, the other with birth mothers able to care for them.
After six months, the babies were tested using all the usual measures of infant development: rolling over, sitting up, reaching out. Consistently, the children placed with their birth mothers did better. For the foster children, being taken from their mothers was more toxic than the cocaine. (See Issue Paper 13.)
It is extremely difficult to take a swing at “bad mothers” without the blow landing on their children. If we really believe all the rhetoric about putting the needs of children first, then we need to put those needs ahead of everything – including how we may feel about their parents. That doesn’t mean we can simply leave children with addicts – it does mean that drug treatment for the parent almost always is a better first choice than foster care for the child.
For more on what works, see NCCPR’s publication Twelve Ways to do Child Welfare Right.
But services are no substitute for due process
The normal protections of due process of law simply don’t apply in child welfare proceedings. Children can be stripsearched – and seized – without a warrant. Children can be taken solely on the authority of a caseworker without a hearing beforehand. At the hearing afterwards, there is no guarantee of counsel for the indigent, and usually no effective counsel at all. The standard of proof is no higher than that used to determine which insurance company pays for a fender-bender. Once again, the problem with all this is not the harm to parents – rather the harm is to children needlessly trapped in foster care. For more on this see NCCPR’s Due Process Agenda.
Index
WELCOME TO NCCPR
THE NCCPR QUICK READ
NCCPR: The Prius of Child Advocacy
About NCCPR
Frequently Asked Questions
How you can help reform child welfare
Donating to NCCPR
NCCPR Child Welfare Blog
SOLUTIONS: Due process
SOLUTIONS: Services
ISSUE PAPERS on Family Preservation, Foster Care and Reasonable Efforts
Other Issue Papers
THE NCCPR EVIDENCE BASE: Brief Analyses and Commentaries
A Child Welfare Timeline
When Children Witness Domestic Violence: Expert Opinion
The Evidence is In: Foster Care vs. Keeping Families Together: The Definitive Studies
State and Local Reports
Additional Reading
NCCPR Board and Staff
Funders
Contact Us
NCCPR Media Response Line
http://nccpr.info/the-nccpr-quick-read/
The failings of America’s child welfare system can be summed up by the very rationalization often used to justify the way it works today, an approach that can be boiled down to “take the child and run.” You’ve probably heard it many times: Sure adults may suffer when their children are needlessly taken away, but, it is claimed, we have to “err on the side of the child.” In fact, there probably is no phrase in the child welfare lexicon that has done more harm to children than “err on the side of the child.”
· When a child is needlessly thrown into foster care, he loses not only mom and dad but often brothers, sisters, aunts, uncles, grandparents, teachers, friends and classmates. For a young enough child it can be an experience akin to a kidnapping. Other children feel they must have done something terribly wrong and now they are being punished. One recent study of foster care “alumni” found they had twice the rate of post-traumatic stress disorder of Gulf War veterans and only 20 percent could be said to be “doing well.” (See our publication, 80 Percent Failure) How can throwing children into a system which churns out walking wounded four times out of five be “erring on the side of the child?”
A second study, of 15,000 cases, is even more devastating. That study found that even maltreated children left in their own homes with little or no help fared better, on average, than comparably- maltreated children placed in foster care. (See our publication, The Evidence is In.) So whenever anyone tells you that rushing to tear children from their parents is “erring on the side of the child” please remember the 15,000 children who would gladly tell you otherwise if they could.
All that harm can occur even when the foster home is a good one. The majority are. But the rate of abuse in foster care is far higher than generally realized and far higher than in the general population. (For details, see NCCPR’s Issue Papers.) That same alumni study found that one-third of foster children said they’d been abused by a foster parent or another adult in a foster home. (The study didn’t even ask about one of the most common forms of abuse in foster care, foster children abusing each other). Switching to orphanages won’t help — the record of institutions is even worse.
Furthermore, the more a foster care system is overwhelmed with children who don’t need to be there, the less safe it becomes, as agencies are tempted to overcrowd foster homes and lower standards for foster parents. If a child is taken from a perfectly safe home only to be beaten, raped or killed in foster care, how is that “erring on the side of the child”?
•But even that isn’t the worst of it. Everyone knows how badly caseworkers are overwhelmed. They often make bad decisions in both directions – leaving some children in dangerous homes, even as more children are taken from homes that are safe or could be made safe with the right kinds of services. The more that workers are overwhelmed with children who don’t need to be in foster care, the less time they have to find children in real danger. So they make even more mistakes in both directions. That is almost always the real explanation for the horror-story cases that make headlines.
None of this means no child ever should be taken from her or his parents. Rather, it means that foster care is an extremely toxic intervention that must be used sparingly and in small doses. But for decades, America’s child welfare systems have prescribed mega-doses of foster care.
The only systems that succeed emphasize family preservation
● Thanks to a class-action lawsuit, Alabama is rebuilding its entire child welfare system to emphasize keeping families together. Alabama takes away children at one of the lowest rates in the nation. But the state has cut the rate of reabuse of children left in their own homes in half, and the independent, court-appointed monitor who oversaw the lawsuit found that children are safer now than they were before the changes. (See our Issue Papers and this New York Times story about the Alabama reforms.)
● That’s also the lesson from Illinois. A decade ago, at any one time, more than 50,000 children were trapped in all forms of substitute care. Today the number is under 17,000. Illinois takes away children at an even lower rate than Alabama. And in Illinois, as in Alabama, independent court-appointed monitors have found that, as the number of children taken away has declined, child safety has improved.
Why it works
Contrary to the common stereotype, most parents who lose their children to foster care are neither brutally abusive nor hopelessly addicted. Far more common are cases in which a family’s poverty has been confused with child “neglect.” Several studies have found that 30 percent of America’s foster children could be home right now if their parents just had decent housing. And single parents, desperate to keep their low-wage jobs when the sitter doesn’t show may have to choose between staying home and getting fired, or going to work and having their children taken on “lack of supervision” charges. (See NCCPR Issue Papers 5 and 6.) And all of the problems are compounded by pervasive racial bias. (See NCCPR Issue Paper 7.)
Other cases fall between the extremes, the parents neither all victim nor all villain. What these cases have in common is the fact that there are a wide variety of proven programs that can keep these children in their own homes, and do it with a far better track record for safety than foster care.
Some of those “in-between cases” involve drug abuse. And that raises another question: Why even bother with parents – usually mothers — in these cases? But the reason to “bother” is not for the sake of the parents, but for their children.
University of Florida Medical Center researchers studied two groups of infants born with cocaine in their systems. One group was placed in foster care, the other with birth mothers able to care for them.
After six months, the babies were tested using all the usual measures of infant development: rolling over, sitting up, reaching out. Consistently, the children placed with their birth mothers did better. For the foster children, being taken from their mothers was more toxic than the cocaine. (See Issue Paper 13.)
It is extremely difficult to take a swing at “bad mothers” without the blow landing on their children. If we really believe all the rhetoric about putting the needs of children first, then we need to put those needs ahead of everything – including how we may feel about their parents. That doesn’t mean we can simply leave children with addicts – it does mean that drug treatment for the parent almost always is a better first choice than foster care for the child.
For more on what works, see NCCPR’s publication Twelve Ways to do Child Welfare Right.
But services are no substitute for due process
The normal protections of due process of law simply don’t apply in child welfare proceedings. Children can be stripsearched – and seized – without a warrant. Children can be taken solely on the authority of a caseworker without a hearing beforehand. At the hearing afterwards, there is no guarantee of counsel for the indigent, and usually no effective counsel at all. The standard of proof is no higher than that used to determine which insurance company pays for a fender-bender. Once again, the problem with all this is not the harm to parents – rather the harm is to children needlessly trapped in foster care. For more on this see NCCPR’s Due Process Agenda.
Index
WELCOME TO NCCPR
THE NCCPR QUICK READ
NCCPR: The Prius of Child Advocacy
About NCCPR
Frequently Asked Questions
How you can help reform child welfare
Donating to NCCPR
NCCPR Child Welfare Blog
SOLUTIONS: Due process
SOLUTIONS: Services
ISSUE PAPERS on Family Preservation, Foster Care and Reasonable Efforts
Other Issue Papers
THE NCCPR EVIDENCE BASE: Brief Analyses and Commentaries
A Child Welfare Timeline
When Children Witness Domestic Violence: Expert Opinion
The Evidence is In: Foster Care vs. Keeping Families Together: The Definitive Studies
State and Local Reports
Additional Reading
NCCPR Board and Staff
Funders
Contact Us
NCCPR Media Response Line
http://nccpr.info/the-nccpr-quick-read/
PsychRights whistleblower lawsuit against psychiatrists unsealed:
Examiner Bio PsychRights whistleblower lawsuit against psychiatrists unsealed: Defendents listed
January 26, 11:22 AM Human Rights Examiner Deborah Dupre'
Attorney Jim Gottstein, PsychRights Director
A major Medicaid Fraud lawsuit by Law Project for Psychiatric Rights (PsychRights®) against psychiatrists, their employers, pharmacies, state officials, and a medical education-publishing company for their roles in fraudulent claims to Medicaid to drug mainly disadvantaged children and youth was unsealed, revealing a long list of defendants.
The Law Project for Psychiatric Rights (PsychRights) is a non-profit, tax exempt 501(c)(3) public interest law firm whose mission is to mount a strategic legal campaign against horrors of forced psychiatric drugging and electroshock in the U.S. akin to what Thurgood Marshall and the NAACP mounted in the 40's and 50's on behalf of African American civil rights.
The public mental health system is creating a huge class of chronic mental patients through forcing them to take ineffective, yet extremely harmful drugs according to PsychRights.
"The massive psychiatric drugging of America's children, particularly poor, disadvantaged children & youth through Medicaid and in foster care is an unfolding public health catastrophe of massive proportions," states attorney Jim Gottstien, PsychRights director.
Defendants
The defendants in this case are:
* Osamu H. Matsutani, M.D.
* William Hogan, Commissioner Of the Alaska Department Of Health And Social Services
* Tammy Sandoval, Director Of The Alaska Office Of Children's, Services
* Steve McComb, Director Of The Alaska Division Of Juvenile Justice
* William Streur, Director Of The Alaska Division Of Health Care Services
* Juneau Youth Services, Inc.
* Providence Health & Services,
* Elizabeth Baisi, M.D.
* Ruth Dukoff, M.D.
* Charter North Star Behavioral Health System
* Kerry Ozer, M.D.
* Claudia Phillips, M.D.
* Southcentral Foundation
* Sheila Clark, M.D.
* Hugh Starks, M.D.
* Lina Judith Bautista, M.D.
* Heidi F. Lopez-Coonjohn, M.D.
* Robert D. Schults, M.D.
* Mark H. Stauffer, M.D.
* Ronald A. Martino, M.D.
* Irvin Rothrock, M.D.
* Jan Kiele, M.D.
* Alternatives Community Mental Health Services, D/B/A Denali Family Services
* Anchorage Community Mental Health Services
* Lucy Curtis, M.D.
* Fairbanks Psychiatric And Neurologic Clinic, Pc
* Peninsula Community Health Services Of Alaska, Inc.
* Bartlett Regional Hospital Foundation, Inc.
* Thomson Reuters (Healthcare), Inc.
* Wal-Mart Stores, Inc.
* Safeway, Inc.
* Fred Meyer Stores, Inc.
Law Project for Psychiatric Rights v. Matsutani, et al., United States District Court, District of Alaska, Case No. 3:09-cv-0080-TMB.
The lawsuit, filed on April 27, 2009 and required to be kept under seal (secret) until now, is brought under the federal False Claims Act, which authorizes private parties to bring fraud actions on behalf of the Government.
These cases are also called "whistleblower suits" or "qui tam," actions, and those who file them are entitled to a share in the recovery, if any.
Each offending prescription carries a minimum penalty of $5,500.
The Complaint walks through the lack of science supporting the practice and the methods used by the pharmaceutical industry to induce psychiatrists to improperly prescribe these drugs.
"Even though the drug companies have been using these methods to induce psychiatrists to prescribe these drugs, it is the psychiatrists' responsibility to base their decisions on the facts, not drug company marketing," said Mr. Gottstein, continuing, "the uncritical acceptance of pharmaceutical company hype represents a massive betrayal of trust by the psychiatrists prescribing these drugs to children and youth."
PsychRights has developed a streamlined model Qui Tam Complaint for use around the country. (See, PsychRights Launches Campaign Against Medicaid Fraud With Model Lawsuit, July 27, 2009)
The model Qui Tam Complaint is drafted for former foster youth to bring the lawsuits and receive the whistleblower's share of the recoverey, but anyone with knowledge of specific offending prescriptions, such as parents and mental health workers, can bring these suits.
Last fall, Mr. Gottstein gave talks at two national conferences, the National Association for Rights Protection and Advocacy (NARPA), and the International Center for the Study of Psychiatry and Psychology (ICSPP), where he presented how to bring and conduct these cases. Mr. Gottstein is also giving a presentation in New York City, February 2nd, following oral argument in Lilly v. Gottstein.
Mr. Gottstein indicates a number of these cases are percolating around the country. In one that is not as far along as some others, Ted Chabasinski, a Berkeley, California, lawyer, is seeking a former foster youth as a client to bring such a lawsuit in the Bay Area. Any former foster youth in the Bay Area who was given psychiatric drugs within the last 6 years can call Mr. Chabasinski at (510) 843-6372 to talk to him about bringing such a case.
"Foster children are singled out for psychiatric drugging because they and their foster parents have almost no legal protections and no way they can refuse these damaging drugs," says Mr. Chabasinski, who as a foster child, was electroshocked at the age of six as part of an experiment involving hundreds of foster children.
While PsychRights and Mr. Chabasinski are not bringing these cases for the money, such cases represent a tremendous financial opportunity for attorneys to do well by doing good.
"These are about as open and shut as cases can get," said Mr. Gottstein.
"It is Medicaid fraud to cause or submit prescriptions to Medicaid for reimbursement if they are not for a medically accepted indication. End of story."
PsychRights has developed a Medically Accepted Indications Chart showing what is allowable for common psychiatric drugs. Every other use of these drugs in children and youth and submitted to Medicaid is fraudulent. http://psychrights.org/Education/ModelQuiTam/PediatricPsychotropicMedicallyAcceptedIndications.pdf PsychRights conservatively estimates that at least half of psychotropic drug prescriptions to children and youth submitted to Medicaid are not for medically accepted indications and therefore fraudulent.
http://www.examiner.com/x-10438-Human-Rights-Examiner~y2010m1d26-Major-Medicaid-fraud-lawsuit-by-PsychRights-against-psychiatrists-unsealed
January 26, 11:22 AM Human Rights Examiner Deborah Dupre'
Attorney Jim Gottstein, PsychRights Director
A major Medicaid Fraud lawsuit by Law Project for Psychiatric Rights (PsychRights®) against psychiatrists, their employers, pharmacies, state officials, and a medical education-publishing company for their roles in fraudulent claims to Medicaid to drug mainly disadvantaged children and youth was unsealed, revealing a long list of defendants.
The Law Project for Psychiatric Rights (PsychRights) is a non-profit, tax exempt 501(c)(3) public interest law firm whose mission is to mount a strategic legal campaign against horrors of forced psychiatric drugging and electroshock in the U.S. akin to what Thurgood Marshall and the NAACP mounted in the 40's and 50's on behalf of African American civil rights.
The public mental health system is creating a huge class of chronic mental patients through forcing them to take ineffective, yet extremely harmful drugs according to PsychRights.
"The massive psychiatric drugging of America's children, particularly poor, disadvantaged children & youth through Medicaid and in foster care is an unfolding public health catastrophe of massive proportions," states attorney Jim Gottstien, PsychRights director.
Defendants
The defendants in this case are:
* Osamu H. Matsutani, M.D.
* William Hogan, Commissioner Of the Alaska Department Of Health And Social Services
* Tammy Sandoval, Director Of The Alaska Office Of Children's, Services
* Steve McComb, Director Of The Alaska Division Of Juvenile Justice
* William Streur, Director Of The Alaska Division Of Health Care Services
* Juneau Youth Services, Inc.
* Providence Health & Services,
* Elizabeth Baisi, M.D.
* Ruth Dukoff, M.D.
* Charter North Star Behavioral Health System
* Kerry Ozer, M.D.
* Claudia Phillips, M.D.
* Southcentral Foundation
* Sheila Clark, M.D.
* Hugh Starks, M.D.
* Lina Judith Bautista, M.D.
* Heidi F. Lopez-Coonjohn, M.D.
* Robert D. Schults, M.D.
* Mark H. Stauffer, M.D.
* Ronald A. Martino, M.D.
* Irvin Rothrock, M.D.
* Jan Kiele, M.D.
* Alternatives Community Mental Health Services, D/B/A Denali Family Services
* Anchorage Community Mental Health Services
* Lucy Curtis, M.D.
* Fairbanks Psychiatric And Neurologic Clinic, Pc
* Peninsula Community Health Services Of Alaska, Inc.
* Bartlett Regional Hospital Foundation, Inc.
* Thomson Reuters (Healthcare), Inc.
* Wal-Mart Stores, Inc.
* Safeway, Inc.
* Fred Meyer Stores, Inc.
Law Project for Psychiatric Rights v. Matsutani, et al., United States District Court, District of Alaska, Case No. 3:09-cv-0080-TMB.
The lawsuit, filed on April 27, 2009 and required to be kept under seal (secret) until now, is brought under the federal False Claims Act, which authorizes private parties to bring fraud actions on behalf of the Government.
These cases are also called "whistleblower suits" or "qui tam," actions, and those who file them are entitled to a share in the recovery, if any.
Each offending prescription carries a minimum penalty of $5,500.
The Complaint walks through the lack of science supporting the practice and the methods used by the pharmaceutical industry to induce psychiatrists to improperly prescribe these drugs.
"Even though the drug companies have been using these methods to induce psychiatrists to prescribe these drugs, it is the psychiatrists' responsibility to base their decisions on the facts, not drug company marketing," said Mr. Gottstein, continuing, "the uncritical acceptance of pharmaceutical company hype represents a massive betrayal of trust by the psychiatrists prescribing these drugs to children and youth."
PsychRights has developed a streamlined model Qui Tam Complaint for use around the country. (See, PsychRights Launches Campaign Against Medicaid Fraud With Model Lawsuit, July 27, 2009)
The model Qui Tam Complaint is drafted for former foster youth to bring the lawsuits and receive the whistleblower's share of the recoverey, but anyone with knowledge of specific offending prescriptions, such as parents and mental health workers, can bring these suits.
Last fall, Mr. Gottstein gave talks at two national conferences, the National Association for Rights Protection and Advocacy (NARPA), and the International Center for the Study of Psychiatry and Psychology (ICSPP), where he presented how to bring and conduct these cases. Mr. Gottstein is also giving a presentation in New York City, February 2nd, following oral argument in Lilly v. Gottstein.
Mr. Gottstein indicates a number of these cases are percolating around the country. In one that is not as far along as some others, Ted Chabasinski, a Berkeley, California, lawyer, is seeking a former foster youth as a client to bring such a lawsuit in the Bay Area. Any former foster youth in the Bay Area who was given psychiatric drugs within the last 6 years can call Mr. Chabasinski at (510) 843-6372 to talk to him about bringing such a case.
"Foster children are singled out for psychiatric drugging because they and their foster parents have almost no legal protections and no way they can refuse these damaging drugs," says Mr. Chabasinski, who as a foster child, was electroshocked at the age of six as part of an experiment involving hundreds of foster children.
While PsychRights and Mr. Chabasinski are not bringing these cases for the money, such cases represent a tremendous financial opportunity for attorneys to do well by doing good.
"These are about as open and shut as cases can get," said Mr. Gottstein.
"It is Medicaid fraud to cause or submit prescriptions to Medicaid for reimbursement if they are not for a medically accepted indication. End of story."
PsychRights has developed a Medically Accepted Indications Chart showing what is allowable for common psychiatric drugs. Every other use of these drugs in children and youth and submitted to Medicaid is fraudulent. http://psychrights.org/Education/ModelQuiTam/PediatricPsychotropicMedicallyAcceptedIndications.pdf PsychRights conservatively estimates that at least half of psychotropic drug prescriptions to children and youth submitted to Medicaid are not for medically accepted indications and therefore fraudulent.
http://www.examiner.com/x-10438-Human-Rights-Examiner~y2010m1d26-Major-Medicaid-fraud-lawsuit-by-PsychRights-against-psychiatrists-unsealed
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