New Federal Report Shows Drop in Child Abuse Rates
New federal report shows decrease in number of US children suffering abuse, neglect
The Associated Press
Post a Comment By DAVID CRARY AP National Writer
NEW YORK April 1, 2010 (AP)
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Chart shows decrease in the number of children abused in the U.S.
(AP)
The rate of child maltreatment in the U.S. dipped in 2008 to its lowest level since 1990, but the number of abuse-related child fatalities continued to rise, according to new federal figures.
The annual report from the Department of Health and Human Services, issued Thursday, said the estimated number of victimized children had dropped sharply, from 903,000 in 2006 to 772,000 in 2008. However, there were 1,740 reported fatalities, up from 1,330 in 2000.
Carmen Nazario, HHS assistant secretary for children and families, said she was encouraged by the decrease in maltreatment, but sounded a note of caution.
"The results show too many children still suffer from abuse and neglect, and we have not yet experienced the full impact from the economic situation," she said.
The HHS data was for the 2008 fiscal year, ending Sept. 30, and did not reflect the recession that took hold in the final months of that year.
The report did not explain the decrease, but child-welfare experts — spotting the trend in some previous studies — have suggested that increased awareness and intolerance of child abuse has had an impact over the past decade.
According to the HHS report, the rate of child victimization was 10.3 per 1,000 children in 2008. That's down from a peak rate of 15.3 in 1993 and is the lowest since the congressionally mandated survey — titled the National Child Abuse and Neglect Data System — began in 1990.
Of the victims, 71 percent suffered neglect, 16 percent were physically abused, 9 percent were sexually abused and about 7 percent suffered psychological maltreatment.
Regarding fatalities, the worst rates were for infant boys. Children under 4 accounted for 80 percent of the estimated 1,740 fatalities.
The recent increase in fatalities might be due, in part, to changes in how data is collected and reported by the states, the report said.
Do you have more information about this topic? If so, please go to the website to contact the editors of ABC News. (This is their request)
http://abcnews.go.com/Entertainment/wireStory?id=10263346
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
Friday, April 2, 2010
Wednesday, March 31, 2010
Protecting your family from Child Protective Services
Protecting your family from Child Protective Services
Frequently The Idaho Observer receives stories of some horrifying report of government abuse that involves Child Protective Services (CPS). Due to our editor Don Harkins’ involvement with CPS in Oregon when he wrote for The Oregon Observer, he found himself so torn up inside by the magnitude of the problem that he shied away from reporting such stories until the Christine family case came to our attention. (See October 2001 and May 2002 editions of The I.O.) Since then he has selectively reported on a few of the most horrendous cases of abuse at the hands of the state. The trampling of parental rights has intensified in recent years and the volume of children taken into state custody where they are sexually assaulted and abused has become a national tragedy. The following article will empower parents to protect their children from state custody. It is more important today than ever before since the list of items justifying the removal of children from their homes has grown to include not vaccinating and homeschooling.
by Patricia Aiken
Mike Gibson spent ten years as an investigator for the Department of Children and Families (DCF) in Florida. He insists that the agency is neither for children nor families. A patriot and Christian, he joined the agency to assess how far government tentacles reach and to try and keep as many families out of “the system” as possible. As a senior investigator he spent about six months educating a circuit judge about dependency law (the laws that deal with children and families in Florida.) The result was a 90 percent reduction in the number of children taken away from their parents during the next two and a half years in the county Gibson worked in. Already privy to anyone’s financial, medical and even sealed and expunged criminal records, Gibson quit in disgust when he learned of plans for vaccine records to be downloaded to the DCF’s database. Office talk centered around the mass influx of children they would have to place in foster care when the Federal government begins mandatory vaccines. In Florida, refusing a mandatory vaccine is a 2nd degree misdemeanor with a sentence of six months in jail or forced quarantine.
Beginning this month, the Gibsons will be sharing vital information that every American family needs to safeguard their children from the voracious appetite of these greed driven agencies.
Although he’s encountered rogue investigators over the years, Gibson’s experience points to the supervisors and program administrators who pressure and intimidate caseworkers into removing children. “The bar has been set very low. Anyone can bring a complaint against a parent anonymously. Probable cause and imminent risk are the only guidelines. It’s a huge financial racket. If it wasn’t the government it would be covered under R.I.C.O. (The Racketeer Influenced and Corrupt Organizations Act). It’s all career advancement and a culture of fear,” says Gibson.
Mike Gibson’s philosophy for training and helping people is that they need to understand what they are up against, what the law requires of the agency and what rights a family has during an investigation.
Recently, Gibson stayed on the phone with a mother from his church, successfully coaching her to keep the six sheriff’s deputies at her door with a forged court order at bay.
“Make no mistake. Although the CPS worker doesn’t look like a cop, he is part of law enforcement and is considered a first responder. Parents need to have a real, doable, practical plan to deal with this agency when they come to their door. A large part of how much they can protect their children is how well they prepare their family for this marauding invader and how much they can keep their children out of the system. Keeping your family off their radar is always the best option,” Gibson advises.
Pissed off sheltering
Sheltering is a technical term for removing children from parents’ custody. Pissed off sheltering occurs when parents have angered CPS investigators to the point that they use the wide latitude of discretion they have to narrowly hit on some point and make their probable cause to a judge. Gibson once saw a mother lose her three children because she needed a daycare referral and the worker would not give it to her. The mother was very insistent and the worker set the mother up in a tangle of words, took her children and swore under oath to what the mother stated, although out of context, and got the judge to agree. It took the mother over a year to regain custody of her children.
Although Gibson’s expertise is with Florida law, he is confident laws are the same or very similar in other states since Florida is considered a model state for CPS nationwide. Knowing your rights as parents or legal guardians of children is imperative. Most state laws are structured so that parental rights are very strong and an agency has to have some type of imminent risk to interfere with those rights. Children’s safety and lives can depend on a parent being well-informed and having a clear understanding of what an agency can and cannot do. In Florida, parental rights are covered under Chapter 39 of Florida’s statutes. Other states have comparable laws. Once an agency becomes involved, it is paramount that parents themselves adhere to and demand the agency adhere to the law. Most agencies will either skirt around it or ignore the law. Sadly, according to the Gibsons, judges are ignorant of the Juvenile Rules of Procedures. Circuit judges loath hearing CPS cases, thinking these cases are an interruption of more important issues and a lower assignment than even traffic court.
Parents need to be well-versed in how to access the checks within the system and have a good idea how to maneuver through them. He says, “you don’t have to be a lawyer, just a zealous advocate for your own children.” Most state laws dealing with child protective services are available online and easily downloaded and printed. This is a must for parents to have and read. Also, there are ways to check on recent court decisions and parents should be able to also access those cases. “This may seem like a lot, and it is. But what is the most important aspect of your life? If it’s not your children, then maybe you need to reassess your values and priorities. Most parents know more about how the gadgets in the home and vehicles work than they have knowledge on how to keep their children safe.”
Phone Tree Strategy
Parents need to have family and friends they can call on at a moment’s notice. Having a list of three or four committed individuals, who in turn call three or four will help assure you of having someone come to your aid if a CPS social worker calls or shows up. The objective is to get other eyes on the situation as quickly as possible and to bring accountability to the agency. The goal is to find people that are within an easy distance to your home. Most contacts between families in these situations are between 30 to 60 minutes. Time is of the essence. The first two minutes of contact are critical. Parents need to periodically check their phone tree operation to assess how the system is working and make adjustments to ensure that it operates smoothly during a crisis. This takes planning and practice with a committed group of friends and family.
CPS at your door
Investigators are required to identify themselves to you and tell you why they are at your home. They can arrive by themselves or with law enforcement. They will generally say “May I come in and talk to you?” Under no circumstances should they ever be invited into your home. All child abuse investigations are felony investigations. Inviting them into your house is giving consent for them to gather evidence against you. Gibson counsels parents to step outside the door and close the door behind them.
Your first question should be “Am I an alleged perpetrator or a suspect in a criminal action?” You have several options that will buy the time you need to get more eyes on the situation. You can tell them that you want an attorney present. Second, you need to ask if they have a court order. They will need to go and get one. If law enforcement is present, you can tell them you want their road supervisor to be present. They are obligated to come to the scene at your request. If law enforcement is not present, you may want to call your local sheriff.
Use this time to call your phone tree and get your support team in place.
If allowed inside your home they will attempt to gather evidence to use against you. If they see anything such as drug paraphernalia or something they would deem as a threat to or unsafe for your child, they can search the rest of your home and place you under arrest. Parents with a firearm within reach of a child are arrested and jailed.
The Gibson’s recommend that parents have a video camera and small digital recorder. Keep the batteries charged. You have the right to videotape the investigator, and the right to record the conversation without their knowledge or consent.
Remember, if the judge would follow the law, CPS would have to prove that you are committing a felony act on your child. Judges are ignorant and investigators so poorly trained that neither knows or understands the law. Make it your goal to know the law and your family’s rights. You can be falsely accused at any time. Enlist an inner support circle for education, mutual protection and a phone tree. As the sign at Parris Island Marine base reads, “the more we sweat in peace, the less we bleed in war.”
The I.O. thanks Mike and Linda Gibson for sharing their expertise with us. The Gibsons are available for one-day seminars in your community. Contact Mike and Linda Gibson at 352-489-6521.
http://proliberty.com/observer//20091030.html
Frequently The Idaho Observer receives stories of some horrifying report of government abuse that involves Child Protective Services (CPS). Due to our editor Don Harkins’ involvement with CPS in Oregon when he wrote for The Oregon Observer, he found himself so torn up inside by the magnitude of the problem that he shied away from reporting such stories until the Christine family case came to our attention. (See October 2001 and May 2002 editions of The I.O.) Since then he has selectively reported on a few of the most horrendous cases of abuse at the hands of the state. The trampling of parental rights has intensified in recent years and the volume of children taken into state custody where they are sexually assaulted and abused has become a national tragedy. The following article will empower parents to protect their children from state custody. It is more important today than ever before since the list of items justifying the removal of children from their homes has grown to include not vaccinating and homeschooling.
by Patricia Aiken
Mike Gibson spent ten years as an investigator for the Department of Children and Families (DCF) in Florida. He insists that the agency is neither for children nor families. A patriot and Christian, he joined the agency to assess how far government tentacles reach and to try and keep as many families out of “the system” as possible. As a senior investigator he spent about six months educating a circuit judge about dependency law (the laws that deal with children and families in Florida.) The result was a 90 percent reduction in the number of children taken away from their parents during the next two and a half years in the county Gibson worked in. Already privy to anyone’s financial, medical and even sealed and expunged criminal records, Gibson quit in disgust when he learned of plans for vaccine records to be downloaded to the DCF’s database. Office talk centered around the mass influx of children they would have to place in foster care when the Federal government begins mandatory vaccines. In Florida, refusing a mandatory vaccine is a 2nd degree misdemeanor with a sentence of six months in jail or forced quarantine.
Beginning this month, the Gibsons will be sharing vital information that every American family needs to safeguard their children from the voracious appetite of these greed driven agencies.
Although he’s encountered rogue investigators over the years, Gibson’s experience points to the supervisors and program administrators who pressure and intimidate caseworkers into removing children. “The bar has been set very low. Anyone can bring a complaint against a parent anonymously. Probable cause and imminent risk are the only guidelines. It’s a huge financial racket. If it wasn’t the government it would be covered under R.I.C.O. (The Racketeer Influenced and Corrupt Organizations Act). It’s all career advancement and a culture of fear,” says Gibson.
Mike Gibson’s philosophy for training and helping people is that they need to understand what they are up against, what the law requires of the agency and what rights a family has during an investigation.
Recently, Gibson stayed on the phone with a mother from his church, successfully coaching her to keep the six sheriff’s deputies at her door with a forged court order at bay.
“Make no mistake. Although the CPS worker doesn’t look like a cop, he is part of law enforcement and is considered a first responder. Parents need to have a real, doable, practical plan to deal with this agency when they come to their door. A large part of how much they can protect their children is how well they prepare their family for this marauding invader and how much they can keep their children out of the system. Keeping your family off their radar is always the best option,” Gibson advises.
Pissed off sheltering
Sheltering is a technical term for removing children from parents’ custody. Pissed off sheltering occurs when parents have angered CPS investigators to the point that they use the wide latitude of discretion they have to narrowly hit on some point and make their probable cause to a judge. Gibson once saw a mother lose her three children because she needed a daycare referral and the worker would not give it to her. The mother was very insistent and the worker set the mother up in a tangle of words, took her children and swore under oath to what the mother stated, although out of context, and got the judge to agree. It took the mother over a year to regain custody of her children.
Although Gibson’s expertise is with Florida law, he is confident laws are the same or very similar in other states since Florida is considered a model state for CPS nationwide. Knowing your rights as parents or legal guardians of children is imperative. Most state laws are structured so that parental rights are very strong and an agency has to have some type of imminent risk to interfere with those rights. Children’s safety and lives can depend on a parent being well-informed and having a clear understanding of what an agency can and cannot do. In Florida, parental rights are covered under Chapter 39 of Florida’s statutes. Other states have comparable laws. Once an agency becomes involved, it is paramount that parents themselves adhere to and demand the agency adhere to the law. Most agencies will either skirt around it or ignore the law. Sadly, according to the Gibsons, judges are ignorant of the Juvenile Rules of Procedures. Circuit judges loath hearing CPS cases, thinking these cases are an interruption of more important issues and a lower assignment than even traffic court.
Parents need to be well-versed in how to access the checks within the system and have a good idea how to maneuver through them. He says, “you don’t have to be a lawyer, just a zealous advocate for your own children.” Most state laws dealing with child protective services are available online and easily downloaded and printed. This is a must for parents to have and read. Also, there are ways to check on recent court decisions and parents should be able to also access those cases. “This may seem like a lot, and it is. But what is the most important aspect of your life? If it’s not your children, then maybe you need to reassess your values and priorities. Most parents know more about how the gadgets in the home and vehicles work than they have knowledge on how to keep their children safe.”
Phone Tree Strategy
Parents need to have family and friends they can call on at a moment’s notice. Having a list of three or four committed individuals, who in turn call three or four will help assure you of having someone come to your aid if a CPS social worker calls or shows up. The objective is to get other eyes on the situation as quickly as possible and to bring accountability to the agency. The goal is to find people that are within an easy distance to your home. Most contacts between families in these situations are between 30 to 60 minutes. Time is of the essence. The first two minutes of contact are critical. Parents need to periodically check their phone tree operation to assess how the system is working and make adjustments to ensure that it operates smoothly during a crisis. This takes planning and practice with a committed group of friends and family.
CPS at your door
Investigators are required to identify themselves to you and tell you why they are at your home. They can arrive by themselves or with law enforcement. They will generally say “May I come in and talk to you?” Under no circumstances should they ever be invited into your home. All child abuse investigations are felony investigations. Inviting them into your house is giving consent for them to gather evidence against you. Gibson counsels parents to step outside the door and close the door behind them.
Your first question should be “Am I an alleged perpetrator or a suspect in a criminal action?” You have several options that will buy the time you need to get more eyes on the situation. You can tell them that you want an attorney present. Second, you need to ask if they have a court order. They will need to go and get one. If law enforcement is present, you can tell them you want their road supervisor to be present. They are obligated to come to the scene at your request. If law enforcement is not present, you may want to call your local sheriff.
Use this time to call your phone tree and get your support team in place.
If allowed inside your home they will attempt to gather evidence to use against you. If they see anything such as drug paraphernalia or something they would deem as a threat to or unsafe for your child, they can search the rest of your home and place you under arrest. Parents with a firearm within reach of a child are arrested and jailed.
The Gibson’s recommend that parents have a video camera and small digital recorder. Keep the batteries charged. You have the right to videotape the investigator, and the right to record the conversation without their knowledge or consent.
Remember, if the judge would follow the law, CPS would have to prove that you are committing a felony act on your child. Judges are ignorant and investigators so poorly trained that neither knows or understands the law. Make it your goal to know the law and your family’s rights. You can be falsely accused at any time. Enlist an inner support circle for education, mutual protection and a phone tree. As the sign at Parris Island Marine base reads, “the more we sweat in peace, the less we bleed in war.”
The I.O. thanks Mike and Linda Gibson for sharing their expertise with us. The Gibsons are available for one-day seminars in your community. Contact Mike and Linda Gibson at 352-489-6521.
http://proliberty.com/observer//20091030.html
Was The Death of former Georgia State Senator Nancy Schaefer By the Hand of Her Husband?
Was The Death of former Georgia State Senator Nancy Schaefer By the Hand of Her Husband?
From The Constitution Party Florida
The recent death of Nancy Scheafer, former Georgia State Senator, and, most recently, President of the Georgia Eagle Forum of Georgia has stirred some serious controversy. As a state senator, Nancy had become aware of extensive use of the Georgia Child Protection Services to kidnap children for profit, sexual exploitation, and, perhaps, other forms of abuse.
When she tried to get this problem exposed and addressed through the Georgia legislature, her fellow legislators acted to silence her efforts and, as promptly as possible, cause her to be defeated in her third term re-election effort. Undeterred and understanding the gravity of this unpublicized epidemic and the deep damage it was doing to children and families and our country, Nancy became President of the Georgia Eagle Forum and continued her efforts to get this issue addressed.
Because she was the only prominent advocate for this cause, families from all over Georgia came to her with the stories and evidence of the nightmares they had been going through, while agonizing that they could get no one but her to listen. She was in possession of damaging and dispositive information associated with prominent people in Georgia who had participated in and “benefited”, in one or another, from the activities of this “human trafficking” operation. If you understand the history of this kind of thing, you will recognize that she would have had enough information to put “important people” in jail.
On Thursday, March 26, it was reported that Nancy (73) and her husband Bruce (74) were found dead in their bed, her having been shot in the back while asleep, and he having been shot in the chest, and that there was a gun lying near him. Also found in the home was a four page “suicide letter”, purportedly from Bruce Shaefer.
In that context, here is what the law enforcement authorities disseminated through the media:
The first statement issued said that it was likely that the deaths were effected by Bruce Schaefer as part of a suicide pact with his wife, resulting from their mutual despondency over the terminal state of Mr. Shaefer’s his supposed cancer condition, and that they they were such a close loving couple that Nancy did not want to be separated from her husband by his death. Without going into great detail, anyone who understands the nature, mindset and worldview of someone like Nancy Schaefer, would have recognized that theory as being pure poppycock. And why would the investigators’ release such a statement without strong confirming information? In fact, this theory was quickly determined to be totally bogus, because, as an autopsy revealed, Mr. Schaefer had no terminal illness whatsoever.
The next theory proposed was that they had financial problems which caused Mr. Schaefer to kill his wife and himself, apparently without her consent. No murder-suicide pact here, just his independent action. But is there evidence that this financial condition so severe that this loving husband would kill his wife on his own initiative? They lived in the same community with their daughter who visited them every other day. Apparently she did not know about this very desperate state of financial affairs. These people were conservatives, and, although not a certainty, not likely to participate in financial speculation. (By the way, nothing I have seen so far states what his life’s work was.)
So what evidence did authorities have to speculate that financial problems were at the root of Mr. Schaefer’s purported actions. The answer is NONE. However, the language used by Habersham County Sheriff Joey Terrell and reported by the Atlanta Journal & Constitution implies vaguely that the evidence for financial destitution MIGHT be found in the aforementioned four page letter or in letters supposedly left for his children. However, what the Sheriff is really said is that they found nothing in the letter about financial problems, but that they are going to continue to look for it. Look at this peculiar statement from the AJ&C:
There may be indications that finances played a role in the case, Terrell said, but nothing he has seen so far establishes a clear motive.
“The evidence might be in the letters. It might not,” he said. “We might not ever know.”
Folks, how hard is to read a four page letter and determine if the writer was upset over financial matters? If THAT was the reason for what he purportedly did, wouldn’t it “stick our like a sore thumb”? Is this a bad reflection on the competence of the Georgia education system? What do they plan to do, use a magnifying glass to look for secret writing somewhere on the page? BOTTOM LINE: They have no motive for Bruce Shaefer to have “pulled the trigger” even once, not to mention twice.
So, who would have had solid motives? The obvious answer is government officials with whom Nancy Shaefer was very familiar. Who in public office in Georgia might not have known who Nancy was and what she was working on? Not many. But will the “investigators” turn their attention in that direction? It is commentary on the state of affairs in America that it would a miracle for the criminal justice to actually direct its attention to the most likely place evidence motivating the crime could be found. If we the people can’t change this, we have NO HOPE.
P.S., The newspaper stories do not mention the most relevant fact: namely that she had been working for years on the subject of “human trafficking” in the form of child abduction by the Georgia Child Protection agency.
http://www.cpflorida.com/blog/?p=208
From The Constitution Party Florida
The recent death of Nancy Scheafer, former Georgia State Senator, and, most recently, President of the Georgia Eagle Forum of Georgia has stirred some serious controversy. As a state senator, Nancy had become aware of extensive use of the Georgia Child Protection Services to kidnap children for profit, sexual exploitation, and, perhaps, other forms of abuse.
When she tried to get this problem exposed and addressed through the Georgia legislature, her fellow legislators acted to silence her efforts and, as promptly as possible, cause her to be defeated in her third term re-election effort. Undeterred and understanding the gravity of this unpublicized epidemic and the deep damage it was doing to children and families and our country, Nancy became President of the Georgia Eagle Forum and continued her efforts to get this issue addressed.
Because she was the only prominent advocate for this cause, families from all over Georgia came to her with the stories and evidence of the nightmares they had been going through, while agonizing that they could get no one but her to listen. She was in possession of damaging and dispositive information associated with prominent people in Georgia who had participated in and “benefited”, in one or another, from the activities of this “human trafficking” operation. If you understand the history of this kind of thing, you will recognize that she would have had enough information to put “important people” in jail.
On Thursday, March 26, it was reported that Nancy (73) and her husband Bruce (74) were found dead in their bed, her having been shot in the back while asleep, and he having been shot in the chest, and that there was a gun lying near him. Also found in the home was a four page “suicide letter”, purportedly from Bruce Shaefer.
In that context, here is what the law enforcement authorities disseminated through the media:
The first statement issued said that it was likely that the deaths were effected by Bruce Schaefer as part of a suicide pact with his wife, resulting from their mutual despondency over the terminal state of Mr. Shaefer’s his supposed cancer condition, and that they they were such a close loving couple that Nancy did not want to be separated from her husband by his death. Without going into great detail, anyone who understands the nature, mindset and worldview of someone like Nancy Schaefer, would have recognized that theory as being pure poppycock. And why would the investigators’ release such a statement without strong confirming information? In fact, this theory was quickly determined to be totally bogus, because, as an autopsy revealed, Mr. Schaefer had no terminal illness whatsoever.
The next theory proposed was that they had financial problems which caused Mr. Schaefer to kill his wife and himself, apparently without her consent. No murder-suicide pact here, just his independent action. But is there evidence that this financial condition so severe that this loving husband would kill his wife on his own initiative? They lived in the same community with their daughter who visited them every other day. Apparently she did not know about this very desperate state of financial affairs. These people were conservatives, and, although not a certainty, not likely to participate in financial speculation. (By the way, nothing I have seen so far states what his life’s work was.)
So what evidence did authorities have to speculate that financial problems were at the root of Mr. Schaefer’s purported actions. The answer is NONE. However, the language used by Habersham County Sheriff Joey Terrell and reported by the Atlanta Journal & Constitution implies vaguely that the evidence for financial destitution MIGHT be found in the aforementioned four page letter or in letters supposedly left for his children. However, what the Sheriff is really said is that they found nothing in the letter about financial problems, but that they are going to continue to look for it. Look at this peculiar statement from the AJ&C:
There may be indications that finances played a role in the case, Terrell said, but nothing he has seen so far establishes a clear motive.
“The evidence might be in the letters. It might not,” he said. “We might not ever know.”
Folks, how hard is to read a four page letter and determine if the writer was upset over financial matters? If THAT was the reason for what he purportedly did, wouldn’t it “stick our like a sore thumb”? Is this a bad reflection on the competence of the Georgia education system? What do they plan to do, use a magnifying glass to look for secret writing somewhere on the page? BOTTOM LINE: They have no motive for Bruce Shaefer to have “pulled the trigger” even once, not to mention twice.
So, who would have had solid motives? The obvious answer is government officials with whom Nancy Shaefer was very familiar. Who in public office in Georgia might not have known who Nancy was and what she was working on? Not many. But will the “investigators” turn their attention in that direction? It is commentary on the state of affairs in America that it would a miracle for the criminal justice to actually direct its attention to the most likely place evidence motivating the crime could be found. If we the people can’t change this, we have NO HOPE.
P.S., The newspaper stories do not mention the most relevant fact: namely that she had been working for years on the subject of “human trafficking” in the form of child abduction by the Georgia Child Protection agency.
http://www.cpflorida.com/blog/?p=208
Baby still in state care after case against parents was dropped
Baby still in state care after case against parents was dropped
(Sounds familiar. It happens in Nashua, NH all the time. Criminal charges are dropped and the children are still never returned.)
St. George » Infant was taken after police said photos showed sexual abuse; father will be deported.
By Brooke Adams
The Salt Lake Tribune
Updated: 03/29/2010 10:03:38 PM MDT
An infant remains in state custody and his parents in jail as attorneys try to sort out a tangled case that began when a couple was wrongly accused of sexual abuse.
"The problem we've got is one of those bureaucratic nightmares because they are alleged to be undocumented," said Alan D. Boyack, an attorney representing the baby's mother.
Two 5th District Court judges dismissed sexual abuse charges Monday filed against Sergio Diaz-Palomino, 34, and Alma Vasquez, 22, after prosecutors determined photographs given to police by a local film processing lab showed nothing more than "traditional family photos of a proud father with his son."
In the series of photos, Diaz-Palomino is affectionately posing with his naked 9-month-old son, Alex Uril Vasquez, and kissing him on various body parts -- head, forehead, arm, ear. One image shows the father kissing the infant's bottom and another appears to show him kissing the baby's genitals.
But Ryan J. Shaum, a Washington County deputy attorney, said there was no evidence the scenes depicted sexual molestation or any intent to harm the child and a medical exam showed no evidence of sexual abuse.
Diaz-Palomino told a police investigator that he was "proud to have a son and was sending the photos to family in Mexico," according to the charging document.
But the couple's immigration status and child-welfare policies could make getting their son back difficult, Boyack said.
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"Immigration has a hold on their custody, a legal hold, that the state can do nothing about even if the state wanted to," the attorney said. "I am trying work with immigration to see if, after the [child-welfare] case is completed, what if anything we can do to prevent the miscarriage of the child being separated from the parents."
Patti Vanwagoner, a spokeswoman for the Division of Child and Family Services, said she could not comment specifically on the Vasquez case.
But in general, dismissal of criminal charges does not necessarily end a child-welfare case, she said.
"We have a lot of situations where parents aren't formally charged," she said.
DCFS must determine whether a child is safe with his or her parents and then work toward reunification, which has to be ordered by a judge, she said.
In cases where parents of a child in state custody are deported, DCFS works with the Mexican consulate to see "if a child would be safe with relatives, if at all possible," Van Wagoner said.
A cousin said Diaz-Palomino has been in the U.S. for 10 years and was working at Red Robin restaurant in St. George.
Because of a previous deportation order, Diaz-Palomino is likely to be deported, said Georgina Coon, an advocate with the La Raz/PAC, a Latino advocacy organization.
But she hopes Vasquez, who was arrested and jailed a week ago, will be released Tuesday on bond and allowed to reunite with her son. Vasquez has been in the U.S. for three years and works at a Motel 6.
"She has been crying a lot. I told her that we are doing everything we can to get her out of jail. The state has nothing to keep that baby," Coon said.
http://www.sltrib.com/News/ci_14780588
(Sounds familiar. It happens in Nashua, NH all the time. Criminal charges are dropped and the children are still never returned.)
St. George » Infant was taken after police said photos showed sexual abuse; father will be deported.
By Brooke Adams
The Salt Lake Tribune
Updated: 03/29/2010 10:03:38 PM MDT
An infant remains in state custody and his parents in jail as attorneys try to sort out a tangled case that began when a couple was wrongly accused of sexual abuse.
"The problem we've got is one of those bureaucratic nightmares because they are alleged to be undocumented," said Alan D. Boyack, an attorney representing the baby's mother.
Two 5th District Court judges dismissed sexual abuse charges Monday filed against Sergio Diaz-Palomino, 34, and Alma Vasquez, 22, after prosecutors determined photographs given to police by a local film processing lab showed nothing more than "traditional family photos of a proud father with his son."
In the series of photos, Diaz-Palomino is affectionately posing with his naked 9-month-old son, Alex Uril Vasquez, and kissing him on various body parts -- head, forehead, arm, ear. One image shows the father kissing the infant's bottom and another appears to show him kissing the baby's genitals.
But Ryan J. Shaum, a Washington County deputy attorney, said there was no evidence the scenes depicted sexual molestation or any intent to harm the child and a medical exam showed no evidence of sexual abuse.
Diaz-Palomino told a police investigator that he was "proud to have a son and was sending the photos to family in Mexico," according to the charging document.
But the couple's immigration status and child-welfare policies could make getting their son back difficult, Boyack said.
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"Immigration has a hold on their custody, a legal hold, that the state can do nothing about even if the state wanted to," the attorney said. "I am trying work with immigration to see if, after the [child-welfare] case is completed, what if anything we can do to prevent the miscarriage of the child being separated from the parents."
Patti Vanwagoner, a spokeswoman for the Division of Child and Family Services, said she could not comment specifically on the Vasquez case.
But in general, dismissal of criminal charges does not necessarily end a child-welfare case, she said.
"We have a lot of situations where parents aren't formally charged," she said.
DCFS must determine whether a child is safe with his or her parents and then work toward reunification, which has to be ordered by a judge, she said.
In cases where parents of a child in state custody are deported, DCFS works with the Mexican consulate to see "if a child would be safe with relatives, if at all possible," Van Wagoner said.
A cousin said Diaz-Palomino has been in the U.S. for 10 years and was working at Red Robin restaurant in St. George.
Because of a previous deportation order, Diaz-Palomino is likely to be deported, said Georgina Coon, an advocate with the La Raz/PAC, a Latino advocacy organization.
But she hopes Vasquez, who was arrested and jailed a week ago, will be released Tuesday on bond and allowed to reunite with her son. Vasquez has been in the U.S. for three years and works at a Motel 6.
"She has been crying a lot. I told her that we are doing everything we can to get her out of jail. The state has nothing to keep that baby," Coon said.
http://www.sltrib.com/News/ci_14780588
Local judge favors open court pilot program
Local judge favors open court pilot program
Rep Moore's bill would allow public access to family court
By BOB WHITE
bwhite@thenewsenterprise.com
When 9th Circuit Judge M. Brent Hall came to Hardin County's second Family Court bench, he opposed public access to the dependency, neglect and abuse docket, or any other proceedings involving juveniles.
That was two years ago. Then, he said he worried juveniles could be negatively impacted by their, often sensitive, family matters becoming subject to public scrutiny.
Hall’s view from the bench has changed from the stance he took as an attorney working in Family Court.
Hall said that since taking the bench, he has learned that lawmakers and the public will remain ignorant of what problems exist within Kentucky’s child protection and permanency system so long as it remains behind closed doors.
Hall now supports the opening of Family Court to public eyes and ears so much that he’s requested his division participate in a pilot program to do just that under House Bill 407.
Sponsored by 26th District Representative Tim Moore, HB 407 proposes a pilot to allow limited public access to family courts in seven of Kentucky’s judicial circuits.
Moore said he proposed the bill after several people with young relatives being processed within the Family Court system indicated to him “that they’d been shut out of the process.”
“I understand that we need balance in the system, but I also understand that families need information as they and their children try to go through family court,” Moore said in a message. “I’m trying to do what's best for Kentucky kids and their families. That's what it's all about.”
Opening family courts could impact many throughout Kentucky.
According to data provided by Kentucky’s Cabinet for Health and Family Services in late 2009, about 7,000 children annually are cared for by the state or foster families after being removed from their biological parents for various reasons.
Hall said, however, that those state statistics do not reflect another 10,000 Kentucky children being cared for by relatives – a practice known as kinship care – after being removed from their biological parents.
The data shows that about 17,000 Kentucky children have been processed by family court systems in just Kentucky in recent years.
The justice system’s involvement in family lives is costly, according to Hall, who said many people do not, and cannot understand just how costly it can be for the state to raise children removed from families.
Daily costs, depending on the services a child needs, range between $30 and $200 per child, Hall said.
Other aspects of family court, such as the adversarial stances different agencies take on — laying blame on their counterparts — and the justice system’s inability to access pertinent data and statistics that’s available to social workers and the agencies in charge of them, also could be made apparent to the public by opening family courts.
An open door to juvenile proceedings in family courts may shed light on disturbing problems, Hall said, but it also could lend itself to finding solutions that, in the end, would help Kentucky children and their families get what they need to lead productive and healthy lives.
Family courts are currently off limits to news media and all others not party to a specific case.
The bill passed the House March 1 with an 87-10 vote. It’s now in the Senate Judiciary Committee for review.
A summary of HB 407 as sponsored by Representatives T. Moore, S. Westrom and T. Burch:
An act relating to the Court of Justice.
Create new sections of KRS Chapter 21A relating to the Supreme Court to request the Supreme Court to create a pilot project for a limited opening of courts in three to seven jurisdictions when handling dependency, needy, neglect, and abuse cases involving children and termination of parental rights, set parameters, and require reporting to the Legislative Research Commission and the Interim Joint Committees on Health and Welfare and Judiciary; create a new section of KRS Chapter 610 relating to juvenile procedure to permit pilot project courts to open proceedings which otherwise would be closed.
Bob White can be reached at (270) 505-1750.
http://www.thenewsenterprise.com/cgi-bin/c2.cgi?053+article+News.Local+20100329095105053053003
Rep Moore's bill would allow public access to family court
By BOB WHITE
bwhite@thenewsenterprise.com
When 9th Circuit Judge M. Brent Hall came to Hardin County's second Family Court bench, he opposed public access to the dependency, neglect and abuse docket, or any other proceedings involving juveniles.
That was two years ago. Then, he said he worried juveniles could be negatively impacted by their, often sensitive, family matters becoming subject to public scrutiny.
Hall’s view from the bench has changed from the stance he took as an attorney working in Family Court.
Hall said that since taking the bench, he has learned that lawmakers and the public will remain ignorant of what problems exist within Kentucky’s child protection and permanency system so long as it remains behind closed doors.
Hall now supports the opening of Family Court to public eyes and ears so much that he’s requested his division participate in a pilot program to do just that under House Bill 407.
Sponsored by 26th District Representative Tim Moore, HB 407 proposes a pilot to allow limited public access to family courts in seven of Kentucky’s judicial circuits.
Moore said he proposed the bill after several people with young relatives being processed within the Family Court system indicated to him “that they’d been shut out of the process.”
“I understand that we need balance in the system, but I also understand that families need information as they and their children try to go through family court,” Moore said in a message. “I’m trying to do what's best for Kentucky kids and their families. That's what it's all about.”
Opening family courts could impact many throughout Kentucky.
According to data provided by Kentucky’s Cabinet for Health and Family Services in late 2009, about 7,000 children annually are cared for by the state or foster families after being removed from their biological parents for various reasons.
Hall said, however, that those state statistics do not reflect another 10,000 Kentucky children being cared for by relatives – a practice known as kinship care – after being removed from their biological parents.
The data shows that about 17,000 Kentucky children have been processed by family court systems in just Kentucky in recent years.
The justice system’s involvement in family lives is costly, according to Hall, who said many people do not, and cannot understand just how costly it can be for the state to raise children removed from families.
Daily costs, depending on the services a child needs, range between $30 and $200 per child, Hall said.
Other aspects of family court, such as the adversarial stances different agencies take on — laying blame on their counterparts — and the justice system’s inability to access pertinent data and statistics that’s available to social workers and the agencies in charge of them, also could be made apparent to the public by opening family courts.
An open door to juvenile proceedings in family courts may shed light on disturbing problems, Hall said, but it also could lend itself to finding solutions that, in the end, would help Kentucky children and their families get what they need to lead productive and healthy lives.
Family courts are currently off limits to news media and all others not party to a specific case.
The bill passed the House March 1 with an 87-10 vote. It’s now in the Senate Judiciary Committee for review.
A summary of HB 407 as sponsored by Representatives T. Moore, S. Westrom and T. Burch:
An act relating to the Court of Justice.
Create new sections of KRS Chapter 21A relating to the Supreme Court to request the Supreme Court to create a pilot project for a limited opening of courts in three to seven jurisdictions when handling dependency, needy, neglect, and abuse cases involving children and termination of parental rights, set parameters, and require reporting to the Legislative Research Commission and the Interim Joint Committees on Health and Welfare and Judiciary; create a new section of KRS Chapter 610 relating to juvenile procedure to permit pilot project courts to open proceedings which otherwise would be closed.
Bob White can be reached at (270) 505-1750.
http://www.thenewsenterprise.com/cgi-bin/c2.cgi?053+article+News.Local+20100329095105053053003
NYS appellate court agrees with dad's petition to halt adoption proceedings without his permission
NYS appellate court agrees with dad's petition to halt adoption proceedings without his permission
(In NH fictitious father's rights are terminated, compliments of DCYF. When the real father's come forward, they are denied paternity tests and custody, told they have No Standing. Then the illegal adoptions occur.)
March 30, 6:01 AMAlbany CPS and Family Court ExaminerDaniel Weaver
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department in the Matter of Nicole J. has reversed an order by Monroe County Family Court Judge, John J. Rivoli, which dispensed with the consent of Nicole's biological father and allowed her adoption to go forward.
The father's attorney made his first appearance in Monroe County Family Court on December 1, 2008 on behalf of the father, only to be told that a hearing would be held the next day. He requested an adjournment until January 12, 2009 because he wa unaware that a hearing was scheduled for the next day. The judge denied his request and proceeded with the hearing.
In reversing Judge Rivoli's order, the appellate court said that the family court abused its discretion in denying the request for adjournment. The court went on to state:
"There is no evidence in the record that the father had notice that the hearing was scheduled to occur on December 1, 2008. Moreover, the record establishes that the proceedings were not protracted, that this was the father's first request for an adjournment and, indeed, that the court had adjourned proceedings concerning the child's biological mother to the precise adjournment date sought by the father. Under these circumstances, we conclude that the court should have granted the request of the father's attorney for an adjournment to enable the father to prepare for the hearing (see generally Matter of Stephen L., 2 AD3d 1229, 1231). We therefore reverse the order and remit the matter to Family Court for a new hearing."
For more info: Read more articles by Dan Weaver on family court, custody, child protective services, parental rights and other allied topics.
http://www.examiner.com/x-14537-Albany-CPS-and-Family-Court-Examiner~y2010m3d30-NYS-appellate-court-agrees-with-dads-petition-to-halt-adoption-proceedings-without-his-permission?cid=examiner-email
(In NH fictitious father's rights are terminated, compliments of DCYF. When the real father's come forward, they are denied paternity tests and custody, told they have No Standing. Then the illegal adoptions occur.)
March 30, 6:01 AMAlbany CPS and Family Court ExaminerDaniel Weaver
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department in the Matter of Nicole J. has reversed an order by Monroe County Family Court Judge, John J. Rivoli, which dispensed with the consent of Nicole's biological father and allowed her adoption to go forward.
The father's attorney made his first appearance in Monroe County Family Court on December 1, 2008 on behalf of the father, only to be told that a hearing would be held the next day. He requested an adjournment until January 12, 2009 because he wa unaware that a hearing was scheduled for the next day. The judge denied his request and proceeded with the hearing.
In reversing Judge Rivoli's order, the appellate court said that the family court abused its discretion in denying the request for adjournment. The court went on to state:
"There is no evidence in the record that the father had notice that the hearing was scheduled to occur on December 1, 2008. Moreover, the record establishes that the proceedings were not protracted, that this was the father's first request for an adjournment and, indeed, that the court had adjourned proceedings concerning the child's biological mother to the precise adjournment date sought by the father. Under these circumstances, we conclude that the court should have granted the request of the father's attorney for an adjournment to enable the father to prepare for the hearing (see generally Matter of Stephen L., 2 AD3d 1229, 1231). We therefore reverse the order and remit the matter to Family Court for a new hearing."
For more info: Read more articles by Dan Weaver on family court, custody, child protective services, parental rights and other allied topics.
http://www.examiner.com/x-14537-Albany-CPS-and-Family-Court-Examiner~y2010m3d30-NYS-appellate-court-agrees-with-dads-petition-to-halt-adoption-proceedings-without-his-permission?cid=examiner-email
L.A. County supervisors terminate relationship with foster care agency
L.A. County supervisors terminate relationship with foster care agency [Updated]
March 30, 2010 | 2:07 pm
Los Angeles County supervisors voted unanimously Tuesday to terminate their relationship with the troubled foster care agency that placed a 2-year-old girl with a woman who is now under investigation in connection with her death.
United Care, which oversaw 88 homes with 216 foster children under contract with the county, had been repeatedly cited in recent years after caregivers choked, hit or whipped their charges with a belt. In 2007, a foster child drowned while swimming unsupervised in a pool.
Craig Woods, United’s executive director, said the citation record obscured his agency’s strengths and urged the county to conduct a fuller investigation before severing ties.
“Terminating United Care’s contract will not accomplish what is needed to reform the system,” he said. “United Care has a stellar 21-year track record of partnership with the county.”
The foster mother, Kiana Barker, 30, and her boyfriend, James Julian, 38, were arrested earlier this month on suspicion of murder in connection with Viola Vancielf's death, according to Los Angeles police records. They were released two days later, with no charges filed.
Police are continuing to investigate the couple. Barker, a resident of South Los Angeles, told investigators Viola was trapped in a bed frame when she accidentally struck the child with a hammer while trying to free her, according to coroner's records.
Viola had multiple bruises on her body, records show. The county coroner deemed the death a homicide. During supervisors’ questioning of Woods and their deliberations about whether to terminate United, new details emerged about the missed warning signs that preceded the death.
Supervisor Zev Yaroslavsky said his vote to terminate United was at least partially supported by Woods' admission that the agency’s social workers made errors during visits to the Barker home. According to Yaroslavsky, they did not report that many of the home’s rooms were padlocked shut and there were video cameras in most of the rooms and corridors.
The purpose of the video cameras was not discussed. Additionally, Yaroslavsky said he was troubled that Barker was certified as a foster parent despite a criminal record. According to a Times review, Barker was convicted of felony theft in 2002.
The newspaper disclosed earlier that Barker also had been the subject of five child abuse complaints, including one substantiated case involving her biological child.
Julian had a record of armed robbery, but neither United Care nor the state regulator who licenses foster homes was aware he was living in the home, state records show.
Woods said his agency had been aware of Barker’s criminal record but did not believe it was a problem because she had obtained a decision from state regulators that it did not pose a danger.
“I would say that as many as half of the foster homes in Los Angeles County have a criminal background,” Woods said.
Supervisor Gloria Molina said she did not believe that number and would look into the matter. [Updated at 6:13 p.m.: A California Department of Social Services spokeswoman, Lizelda Lopez, said that only 4.67% of foster family agency parents have received an exemption for a crime that would otherwise bar them.]
Woods also faulted the county for missing the warning signs, saying the county was in the final stages of approving Barker to adopt Viola.
“Miss Barker was less than 30 days away from adopting this child. That adoption was being managed by DCFS,” Woods said. “That adoption home study is supposed to be a lot more extensive and intrusive than a foster home certification.”
-- Garrett Therolf at the L.A. County Hall of Administration
Read more in The Times' investigation: Innocents Betrayed
http://latimesblogs.latimes.com/lanow/2010/03/la-county-supervisors-terminate-relationship-with-foster-care-agency.html
March 30, 2010 | 2:07 pm
Los Angeles County supervisors voted unanimously Tuesday to terminate their relationship with the troubled foster care agency that placed a 2-year-old girl with a woman who is now under investigation in connection with her death.
United Care, which oversaw 88 homes with 216 foster children under contract with the county, had been repeatedly cited in recent years after caregivers choked, hit or whipped their charges with a belt. In 2007, a foster child drowned while swimming unsupervised in a pool.
Craig Woods, United’s executive director, said the citation record obscured his agency’s strengths and urged the county to conduct a fuller investigation before severing ties.
“Terminating United Care’s contract will not accomplish what is needed to reform the system,” he said. “United Care has a stellar 21-year track record of partnership with the county.”
The foster mother, Kiana Barker, 30, and her boyfriend, James Julian, 38, were arrested earlier this month on suspicion of murder in connection with Viola Vancielf's death, according to Los Angeles police records. They were released two days later, with no charges filed.
Police are continuing to investigate the couple. Barker, a resident of South Los Angeles, told investigators Viola was trapped in a bed frame when she accidentally struck the child with a hammer while trying to free her, according to coroner's records.
Viola had multiple bruises on her body, records show. The county coroner deemed the death a homicide. During supervisors’ questioning of Woods and their deliberations about whether to terminate United, new details emerged about the missed warning signs that preceded the death.
Supervisor Zev Yaroslavsky said his vote to terminate United was at least partially supported by Woods' admission that the agency’s social workers made errors during visits to the Barker home. According to Yaroslavsky, they did not report that many of the home’s rooms were padlocked shut and there were video cameras in most of the rooms and corridors.
The purpose of the video cameras was not discussed. Additionally, Yaroslavsky said he was troubled that Barker was certified as a foster parent despite a criminal record. According to a Times review, Barker was convicted of felony theft in 2002.
The newspaper disclosed earlier that Barker also had been the subject of five child abuse complaints, including one substantiated case involving her biological child.
Julian had a record of armed robbery, but neither United Care nor the state regulator who licenses foster homes was aware he was living in the home, state records show.
Woods said his agency had been aware of Barker’s criminal record but did not believe it was a problem because she had obtained a decision from state regulators that it did not pose a danger.
“I would say that as many as half of the foster homes in Los Angeles County have a criminal background,” Woods said.
Supervisor Gloria Molina said she did not believe that number and would look into the matter. [Updated at 6:13 p.m.: A California Department of Social Services spokeswoman, Lizelda Lopez, said that only 4.67% of foster family agency parents have received an exemption for a crime that would otherwise bar them.]
Woods also faulted the county for missing the warning signs, saying the county was in the final stages of approving Barker to adopt Viola.
“Miss Barker was less than 30 days away from adopting this child. That adoption was being managed by DCFS,” Woods said. “That adoption home study is supposed to be a lot more extensive and intrusive than a foster home certification.”
-- Garrett Therolf at the L.A. County Hall of Administration
Read more in The Times' investigation: Innocents Betrayed
http://latimesblogs.latimes.com/lanow/2010/03/la-county-supervisors-terminate-relationship-with-foster-care-agency.html
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