Imagine you as an unsuspecting parent (biological/foster or adoptive) answers a knock at your front door to find an agent of the government who wants to obtain answers to allegations (which may not be shared with the “suspect”) made by a shadowy, anonymous source, without even so much as a “Miranda warning” being offered.
The unexpected and uninvited government visitor may wander throughout the home — without any presentation of a search warrant! — officiously opening cupboard and refrigerator doors or may demand that any children present be stripped naked so they might be “examined for possible injury.” (The agent may even intend to take photographs of any alleged “injuries.”)
Throughout this Kafkaesque ordeal there is the implicit (or perhaps explicit!) threat that any refusal to “cooperate” may result in the sudden removal of any and all of the children into the care and custody of Big Brother.
The above is a reality not a myth of today’s CPS (Child Protective Services) system.
The definitions of “abuse and neglect” have become so broadly defined that almost anybody could have such a charge made against them. Quite honestly, ANY FAMILY may suddenly be subjected to an encounter like the one described above.
I’m not at all sure that “the system” or society recognizes just how traumatic a CPS investigation may be for a family.
The U. S. Department of Health & Human Services Administration for Children & Families collects data each year from the states. There is usually a 2 year lapse in this data collection; thus this data is from FY 2005…the last fiscal year that data is fully available.
In FY2005 there were 3 million reports of child abuse and/or neglect
There does NOT have to be any actual abuse or neglect, only a “supposedly credible allegation” (as deemed by often arcane bureaucratic standards) that such problems MAY exist. “Grudge referrals” — false allegations which are intentionally made for various malicious purposes, such as to hurt one parent during a custody dispute — do occur.
For sake of comparison, how many “suspected terrorists” or other “suspicious individuals” might be locked up if the forces of Homeland Security were allowed to play by the same rules? Quite a few, I suspect!
At first CPS contact, a parent enters a distorted mirror image of what our legal system is supposed to be. Everything is backwards. There are no Miranda warnings, yet everything one says will be used against them, and perhaps even some that one hasn’t. The accused have little or no rights where people charged with crimes are given the full spectrum of rights under our legal system. The parent is presumed guilty and must prove innocence.
At times even proving innocence is not even enough!
Of the 3 million cases reported in FY2005; 872,000 were supposedly verified. I say supposedly because the verification process can differ from state to state as well as counties within each state. Because of how Child Protective Services acts some verifiable cases can actually result from false allegations…if CPS wants to find you guilty they will no matter the evidence. Some of these reports came in after a child was removed from their biological family and placed in out of home care.
Of the 872,000 supposedly verifiable cases the data breaks down as follows:
65% neglect
18% physical abuse
10% sexual abuse
7% emotional maltreatment
966 cases actually resulted in the death of the child
I first have to wonder about the over 2 million reports that were NOT verified. Were they not verified because there was not enough evidence? Were they not verified because they were false allegations and were those who made such allegations held accountable for their actions? What price did the biological/foster/adoptive familes pay (not just financial) due to these allegations?
Of course this is a statistic that is not available despite exhaustive research done by me. I am sure this is one statistic that no state would want out in the daylight for the world to see.
I know of many specific cases from across the country where families were destroyed by investigations that should never have been launched. In the end the children were not removed but the family will NEVER be the same. They paid a price none of us should ever be asked to pay!
The original accuser can choose to remain anonymous, which makes little difference, as one has no right to know who is accusing them. Parents do not have the right, as criminals charged, to face and have their accuser crossed examined. The confidentiality of the reporter is guaranteed by law.
The rule of confidentiality I believe is NOT to protect the child but rather to protect those who make false allegations as well as CPS officials in order to cover their A$$ when they fail to do their job legally and properly.
A former foster youth and reform activist in Canada, John Dunn, wrote the following poem in regards to the confidentially rule. I believe it tells how foster youth feels about the rule and could apply as well to biological/foster or adoptive parents as well.
“Bound by Confidentiality”
They say the confidentiality is needed to protect us…in reality it is to protect themselves.
Child Welfare takes us from our friends and families.
Using chainsaws of authority, they cut down our family trees.
Once in the quagmire foster care, you wind up living God knows where.
Shipped around like a piece of mail, till eighteen years when you can bail.
To our natural families, were not allowed to speak.
Child Welfare is too afraid, we little rats will squeak.
They make our file summaries in attempts to satisfy.
But cut out all the crap they did and leave us with a lie.
They keep our lives a secret, from the public and the press. So nobody can witness this manufactured mess.
They say our files are secret so that they can protect us.But in reality, it’s so they can repress us.
Bound by confidentiality, what a lovely phrase;
Hiding sanctioned child abuse for 6570 days.
The longer they procrastinate in giving us our lives.
The bigger and more fortified become the Child Welfare hives.
Copyright: John Dunn
Anonymous reporting should be abandoned. A reporter should be required to give a signed statement of their charges. They need to be advised that the accused have the right to face their accusers. They also need to be advised that intentionally false or unsubstantiated reports could result in perjury charges brought against them.
This would be extremely helpful where there is domestic violence or disputed divorce custody issues involved. This would also cause the accuser to at least pause before making a false or unsubstantiated allegation; knowing there will be a price to pay for doing so.
CPS or other workers involved in a case MUST be held accountable for their investigations and disposition of cases. If they perjure themselves at any point of a case, been negligent in their responsibilities or their actions result in harm or death to a child; they must be held accountable up to and including criminal charges.
We now come to the 872,000 supposedly verifiable cases…are they ALL true…NO!
We have to ask a few questions:
Are children being abused, neglected and even killed in their homes…ABSOLUTELY!
Should some children be removed from their biological/foster or adoptive parents for abuse or neglect…ABSOLUTELY! As fast as CPS remove some children with little or no reason; they also allow some children to remain in a dangerous situation until it is too late!
Is there a need for Child Protective Service and are their good, hardworking and honest workers within CPS…ABSOLUTELY!
There are some who would strongly disagree with the last answer above.
Some would suggest the abolishment of CPS. I believe this is absolute not necessary and totally unrealistic based on the two previous questions. Critical reform however is direly needed in order to not only protect the children but also many innocent parents as well.
I believe that when a complaint of ABUSE (physical or sexual) is made it should be investigated by the police like any other crime. If the police determine there is ample evidence of abuse the parent(s) should be charged & prosecuted; only then should CPS be called for determination regarding the youth involved. If abuse of an animal is a crime (Vick Case); shouldn’t abuse of a child be even more so of a crime??!!
Once a child is becomes a part of the system merry-go-round via CPS; it is extremely difficult to get off, in some cases it never happens.
The psychological damage a child suffers in being ripped from the only family he’s known, his home, his/her siblings with no contact allowed, his community, his school, his pets, his friends…is a CERTAIN damage; especially if the result of a false allegation. This is whether the family is his biological/foster or adoptive. Damage WILL happen; to what degree might vary but there WILL be damage. Yes, there is a risk…but to remove the child because of a risk only to inflict certain damage to that child would be like amputating a limb for a wound that MIGHT cause a fatal infection.
After supposedly verifying the 872,000 cases of child neglect and/or abuse during FY2005; 311,128 youth were removed from their homes. Some of these cases involved biological, foster and adoptive families.
We know that 459,872 of the supposedly verified cases did not warrant removal from their home whereas 311,128 did according to state CPS officials.
I know a number of the cases were due to how abuse/neglect is defined. There are no uniform codes or guidelines used across the country for determining removal of a child from their home. Each locality, county and state defines in their own fashion when CPS should be called, how abuse/neglect is defined and how CPS determines if removal is necessary. What may be such in one locality would not even come close to being such in another. There also appears to be no enforcement mechanism in place to see that CPS follows the guidelines of their specific area. This ABSOLUTELY MUST be changed in any part of a reform movement. Guidelines need to be made uniform laws across the country!
I know for a fact some biological and adoptive parents had their children removed strictly because of the broad definition of abuse and or neglect by some localities. I also know that some, despite proof of false allegations, still had their children removed from them. I have the evidence which I cannot share it here in order to protect the innocent and keep my promise of confidentiality to those who have shared with me as some are still fighting the system. I also know some CPS workers have visited my blog as they have left comments on occasion. These cases come from across the country.
Please remember what I said earlier; some biological and adoptive parents absolutely need to have their children removed because of abuse and/or neglect which places them in imminent danger and it was done properly by all involved!
I know there are also cases of children being removed from foster homes due to abuse and or neglect. The same applies to them as it does the above biological/adoptive parents cases above.
However foster parents’ can face even more possibilities of having children removed from their care. CPS and the foster care system can remove, and do, a child from a foster home without cause.
Though anyone can become a mother or father; foster parents must go through a lengthy screening process to be approved to become such. They are fingerprinted, have background checks done, have their home invaded for a home study as well as ongoing intrusions, have a verifiable income to show they can support themselves without foster care stipends and go through initial training as well as further training each year.
If an allegation of abuse or neglect is made against them, whether false or not, the foster youth, in most cases, is removed immediately and then the investigation follows. Some foster youth will make up allegations just to be removed from a home just because they don’t like it there or the rules they must follow. System workers have and will also make up allegations so it looks like they are justified in removing a child.
The system had also been known to threaten removal or actually remove a foster youth if they feel the foster parents advocates too much on behalf the youth.
Just as with biological and adoptive parents I have the evidence for my above statements. Their cases as well come from across the country. I to will not share the information they have supplied me in order to protect the confidentiality placed in me and they are still a part of the system.
Let me just share generalities of two situations:
I know of a case where a youth was with the same foster parents for six years and suddenly jerked out of the home for no reason to be moved to another foster home. Think of the lifetime impact this traumatic experience will have on the youth.
I in fact know this happens as it happened to me. I spent my entire youth growing up in foster care. I was moved sixteen times before aging out.
During those years in care I spent four and a half years with one family (they had also care for me previously for over two years). I was suddenly yanked from there home. It was not to go to an adoptive family but rather to yet another foster home and then eventually to an orphanage where I age out. This was forty eight years ago. It is a tragic shame this continues to happen to youth still today.
I know of yet another case where a youth suffered a “bug bite.” The system suddenly made it a case of abuse and removed the youth. When abuse could not be shown they then tried to say the foster parent’s heath may not allow her to properly keep after the youth. When this could not be documented they kept on going. Suddenly out of nowhere a charge of “sexual activity” was made supposedly by the youth towards two older youths in the home. Despite no proof of the allegation one youth had to be removed from the home so the other youth would not be. This case continues. The foster parent involved in this is a “strong” advocate for those placed in her care and has fought the system many times. This appears to be nothing more than retaliation for her efforts.
There are far too many such cases from across the country that have been shared, in detail, with me to believe that none of the above occurs. It does! It happens far too often!
The result is families are destroyed; more importantly to me…children’s lives are destroyed! It appears the system is an equal opportunity destroyer!!
Far too many children become just a pawn within a system they do not understand.
Yes, they can be and are moved at will, they can be and are lost, they can be subject to abuse far worse than may have occurred within their own homes…and yes a number of them tragically get off the merry-go- round only through death, painfully suffered through the system that was to protect them!
Sadly 534 youth died during FY2005 while in out of home care attributable to a variety of causes including medical conditions, accidents and yes; homicide. This is in addition to the 966 youth from abuse which brought the original allegation.
Any parent, whether biological, foster or adoptive, which abuses, neglects or kills a child must be held accountable. Abuse (physical and sexual) should be handled as a crime just as I would face an assault and battery charge if I struck someone. There are enough “real” cases of such actions; the system does not need to deal with false allegations made by others nor make up their own!
We, as a society, must be extremely careful when we say we are “saving” the children. If “saving” the child is going to do more harm to that child!
At the end of FY2004 there were already 517,463 youth in foster care
In FY2005:
311,128 youth entered foster care
828,591 youth spent some portion of FY2005 in foster care
287,998 youth exited foster care via reunification, adoption, runaway, aged out, etc
114,000 TPR (termination of parental rights) complete awaiting adoption of which 66,000 had TPR completed in FY 2005
24,407 youth aged out
51,691 adopted by foster parents or others
513,131 remained in care at end of FY2005
I absolutely know in these above figures some biological parents should have never have had CPS enter their lives.
I know some youth should never have been removed from their natural homes and placed in foster care. I also know that some youth should have been removed and were not; they ended up paying the ultimate price.
I know some youth should not be spending year after year in foster care or move after move without the justifiable termination of parental rights being completed
I know some youth should not have been removed from some of their foster homes due to a false allegation or the whim of a worker.
I know some youth who will spend years in the system unjustifiably only to age out (thousands in FY2005 alone) and possibly have their future in shatters due to what happened to them initially by removal followed by years of damage.
We will never fully know the number of lives that have been destroyed due to false allegations, the broad and non uniform definition of abuse and neglect or the whims of the system.
If nothing changes… by the year 2020:
Nearly 14 million more reported cases of child abuse and neglect will supposedly be verified;
22,500 children will die of abuse or neglect, most before their fifth birthday (roughly 36% after placed in out of home care);
An additional 9,000,000 children will spend some time in foster care (there are over 12 million current alumni of the foster care system);
300,000 more children will age out of our foster care system unprepared to become productive members of our socety
We each MUST become outraged, motivated and caring individuals willing to fight our child welfare system for reform.
We MUST fight to see that a child is removed from their biological, foster or adoptive home only when abuse or neglect is truly proven and not due to false allegations or a CPS withchunt.
We MUST fight to see that those who make knowingly false allegations against families be held accountable for their actions.
We MUST fight to see that the bound of confidentiality currently enjoyed by the system is broken. We cannot allow the system to continue to hide behind this convenient cloak of darkness. The vault doors of confidentiality MUST be opened to the sunlight of day.
We MUST fight that all involved in the child welfare system be held accountable for their actions.
Until the above happens families and children will continue to be destroyed. We cannot afford the price our society will be asked to pay as a result!
The highest measure of a civilization lies in how it cares for its children. ~Margaret Mead
http://www.larrya.us (my web site)
Filed under: Birth Parents, Child Protective Services, Family, Foster Care, Foster Care Reform, Foster Kids, Foster Parents
This is such a disturbing and important post. Thank you.
I’m one of those that think CPS should be abolished.
Child abuse should be a CRIME. There should be CRIMINAL charges and those charges should be in CRIMINAL court. Family court is a joke…county attorneys and family court judges rubber stamp anything CPS puts in front of them. Yes, of course there are exceptions to the rule…but those exceptions are few and far between!
My son was accused of sexual misconduct. He is currently no longer allowed in his home. He wants to take a lie detector test but CPS told me that they do not use those and it wouldn’t be admitted into their investigation. They do not want the truth; they want a story they can use against our family. I was told that my 16 yr old son could “not be around little kids” while this investigation takes place. It’s been 3 weeks…still no word. He’s presumed guilty. He is treated like a criminal. Our family is suffering. And for what?
CPS is WAY OUT OF CONTROL!!! They are the American Gestapo and something needs to be done! There are NO set of checks and balances where CPS is concerned. They are given free reign to do as they please and are held accountable for nothing by no one. Terrorists in my opinion.
Great work… thanks for the effort. I’m convinced none of this will change until more of us are doing whatever we can…
As to you wondering about “the over 2 million reports that were NOT verified. Were they not verified because there was not enough evidence? Were they not verified because they were false allegations and were those who made such allegations held accountable for their actions? What price did the biological/foster/adoptive familes pay (not just financial) due to these allegations? ”
1. The price families pay is beyond calculation…
especially when the system so often fails to save the children it needs to be protecting.
2. Mandated reporters cannot be held accountable for reporting “suspicions,” but can be for not reporting.
3. In many cases there are multiple reports on the same child or same family which accounts for some of the 2 million you mention.
4. I applaud your generally callm approach to presenting this sensitive material. Emotionalism will not gain support for helping children and families caught in this nightmare… unfortunately emotionalism gives them ammunition to disregard anything we try to draw attention to…instand dismissal as “crack pots” and worse. Only a high level of “professionalism” on our parts will cause others to listen with respect and consider what we are saying, rather than having a knee jerk reaction to how we are saying it.
5. Facts, even statistics which are too easy to distort but are based on something other than opinion, carry a lot of weight when people are making the effort to examine an issue and reach a conclusion.
6. Unfortunately, most people are generally lazy and prefer to avoid anything upsetting, so CPS does get a wink and a nod along with the pretense that they are “taking care of business.”
7. The best thing we can all do is to stay aware… squeaky wheels may get the grease, but concerned people willing to do the work as you have make the difference that leads to change….
Thanks again…
Nancy Lee
I agree with gotabeusmc – child abuse should be a CRIME…..
I had 2 children removed from my home bc of false allegations as well. Children with severe mental health issues that DHR would not allow me to treat bc they were “just” foster children…and would not allow us to adopt them to make them OUR legal children bc they were “too damaged” – who the hell made them that way? The system – they were in and out of foster care for over 6 years – as a matter of fact, they are STILL in foster care & they were removed from our home over 8 months ago.
That is OK – we are fighting – not just for N & I, but for all the children and all the parents everywhere who have lived through this nightmare!!!!!!!!
I agree with those who feel abuse, whether physical or sexual, should be treated as a crime…police should be called to investigate…CPS should be called after police determine if there is ample evidence to proceed and charge the person accused.
Yes, CPS has been allowed to become a world unto themselves and their “confidentiality rules” allow them to hide their secrets…this needs to be changed.
I have no porblem with mandatory reporters reporting suspicions…if they are shown to be wrong then that cannot be held against them…it is those who purposely, for whatever reason, decide to make false allegations knowing they are false that must be held accountable.
Sorry I do not feel CPS should be abolished…they must however be reformed, held accountable and pay the consequences as necessary.
I know this blog entry will be controversial…that’s okay as I have never been one to run from controversy or a fight for something I strongly believe in.
Peace!
When I say CPS should be abolished…I mean CPS as it currently stands. CPS should be just that…Children’s Protective Services.
The POLICE and CRIMINAL JUSTICE system should determine whether or not CPS is needed. CPS should NOT be investigating…TRAINED investigators should be gathering EVIDENCE for a CRIMINAL charge(s).
CPS should be child CARE providers. They should be responsible for the welfare of the children who need services based on the investigation and determination of the POLICE. They should have CITIZEN review boards to make them accountable for the care of those children. Confidentiality should be no longer sheild them from their monumental mistakes.
Can you immagine your doctor being accountable to NO ONE and being the sole judge and jury about whether or not you are ill and what treatment you need??? That’s what CPS does with our children.
GotabeUSMC~
I would agree with you as far as ABUSE cases as I feel physical and sexual abuse allegations should be investigated by the police as they are far better able to determine if there is ample evidence of this crime.
However I do feel, after reform and better training, that CPS should handle the neglect allegations from the start…unfortunately neglect is not considered a crime thus falls out of the scope of the police.
There should, as you say, a citizen review board answerable only to the Governor to review actions of CPS.
Peace!
Neglect is a VERY thin line. I agree that SEVERE neglect that is potentially life threatening should not be allowed…but then, I think it should be MADE A CRIME.
When we allow others to dictate how a person should parent, we have to tread carefully so as not to violate ANYONE’S rights. Just because a certain parenting style may not be what I or my neighbor or the druggest on the corner would consider “optimal” does NOT mean it is endangering a child.
I consider letting a 4 yr old out to play in the front yard of a sub-division “neglectful” but I would not consider it a reportable offense unless I WITNESSED that child in life threatening peril. And even then I would try other avenues.
See the problem with CPS is that taking the child out of the home should be the LAST resort…but it’s not. Only in extreme circumstances should the psychological damage of removal be risked…other wise why save the kid? I mean if we are just saving children for them to end up on the street or in prison because they are so psychologically screwed up…are we REALLY saving them????
I completely agree with gotabeusmc. I am one of those whoe the system so wrongly accused, just because we could not prove where a bruise on a toddler came from. A two year old! How many bruises do most toddlers get from climbing up and falling down. Too many to count and many, like us think (or thought in our case) nothing of it. We are now considered Child Abusers by the states standards for letting our foster children play and be children. Where was our criminal trial before they ruined our lives??? We NEVER got one!! Never will either. This is the system set out to protect our children, yet they yank away those who have only known one as family. (We had this happen to, and it is devestating, to the whole family.) The system needs to be shut down and opened anew with new people and new standards. If you are going to be shunned for life on a list, you at least deserve a chance to have your day in court!
I agree a reform is needed ASAP. I have yet to experience first hand what others here have with alligations ect but as a foster parent that is one of the FIRST things on my mind anytime anything happens in my home. I know of others whose families have been torn apart due to the whim of a CPS worker and I am scared to death of that happening to my family simply because a nosy neighbor thinks that I should not let my children outside in the summer with no shoes on. I was reported to CPS for this but luckily it was recognised for what it was, a petty attempt to got a foster parent in trouble. A nonscence alligation made by a parent who was mad at CPS for taking her children into foster care and wanted to take it out on anyone involved with CPS. The scariest part about that though is that I COULD have lost my children because of it. I was LUCKY I had the support I did. Other foster parents don’t, and birh parents rarely do. Accountability needs to be crutial for ALL THOSE involved in a CPS case, accountability of the birth parents, foster parents, CPS workers, and accusers. The fewer quick removals from birth homes AND foster homes, the fewer lives that are destroyed, sometimes needlessly.
Good Morning All~
Thank you to the over 100 people who read this entry yesterday and also for those who left comments; very interesting conversation.
I wish to address 2 of the issues that seemed to come up the most in the conversation:
Neglect as with abuse should be a crime…I disagree. I do feel there needs to be a national standard for neglect and how it is dealt with. The reason I do not feel it should be a crime is because in many situations home based services can resolve the problem. I do agree though that when neglect is involved that removing the youth should be the last resort.
A big problem with neglect cases today is that neglect varies from state to state as well as counties within states…it must be uniform.
Mandatory reporting being anonymous…I feel this practice must be abandoned. My reason is quite simple….if ABUSE is to be a crime then the accused must be able to face their accuser as with any other crime…today CPS does not allow this. I still feel allegations while under investigation the accuser can not be named but once actual charges are pressed then the anonymity must be abandoned. Also I have no problem with one who makes an intentional false allegation having their name known immediately after it is shown to be false….I DO NOT mean when one calls on a suspicion and it ends not being true…in this case the accuser’s name should not be made known.
It’s a tough balance to keep as you don’t want people to stop calling in suspicions but you also don’t want people who knowing make false allegations to get away with it and finally if police find crediable evidence of abuse and charge someone that person must have the right to face their accuser.
Have a great day ahead!
Peace,
Larry~
If you disagree with me that is fine…we can respectfully disagree -
I love what you have said. I think we need an protective agency to help those “neglect” cases. to help the families but abuse cases need to be treated as criminal cases. I have had so many cases of abuse in my home and only two of the parents were charges criminally and that is because the person they beat up was a teen not a child who can’t talk for them selves.
we do need laws concerning what is and isn’t abuse we need rules and laws and not guidelines which caseworkers can interpret as they please. As a mandated reporter I have always given my name when making a report and would gladly stand in front of the person I called on and say. I was concerned about this and this that is why I call in a report.
Child Protection Services is un-Constitutional, they violate all rights of both children and parents. The records or lack of records of CPS is never accurate, as they function with lies, deception, and conspired secrecy. The answer to no one. They walk about as a god, and no one has jurisdiction over them. They commit perjury, falsification of court records, and willingly allow children to be in harms way under foster care. They are ir-responsible, arrogant, negligent, and parade about to facade they function as “protection”, when they really use the subjective, biased, opiniated delirious mindless brains, to displace children with the goal to gain federal bucks for deceptive drug/alcohol classes, parenting classes, and then, the re-imbursement of the fed funds to adopt the children out, in state, out of state, and across seas. They answer to no one, and they lie!
Very good post. We have the same problems with Child Protection in the UK.
Have a browse on these sites.
http://www.fassit.co.uk/
http://www.msbp.com/forum/
http://www.wardrobehudson.co.uk/askingforachance/Home.html
and your own US site is very good …
http://fightcps.com/
Thanks for posting about false accusations. I have not read about your personal situation yet. Good luck in all you do.
Balance and middleground is needed, but it’s very rare.
The system shouldn’t be too extreme, and neither should folks in charge of changing it, but how can reforms be made when it comes to the complexity of families and people’s lives?
Especially when it involves children who could die if the right decisions are not made or be hurt spritually and emotionally.
We need case workers that are trained to tell the difference between abuse, between extreme neglect and noisy beligerent neighbours or family members.
We need the sort of people who look as this as surgery and are as careful as they possibly can not to hurt the children even more than they have already been hurt.
And uniformity is needed, as well as flexibility and the ability to adapt and not use the same rules for every single family.
When is this going to happen?
I don’t think, like a poster on an adoption board, the CPS is wrong every time and that they are conspiring to take away children from their natural families (Like it seems with these cases in Britain, taking away a child after they are born because you THINK the parent might be abusive? How is that logical) But I think a lot of horrible mistakes are made on a lot of sides and need to stop.
Ironically I stumbled upon a blog of a “new” child welfare worker from Oklahoma. Really a very nice, well meaning young person. She talks about her first days on the job, her three days of training… To say she is naive is an understatement. To say it is frightening to know she will be making the kinds of decisions that impact children and families for life is also an understatement. If nothing else she reminded me of what I know…most people in this field really aren’t monsters. They are well meaning people, at least initially, doing the best they can with few resources and too many responsibilities. But we all know “the road to hell is filled with good intentions.”
I don’t know what the answer is, but I think I know what it is not… it is NOT blaming the individuals in systems that are so dysfunctional the best among them can’t even do a good job. I don’t know what the young person’s Blog title signifies but RealOliveGreen may be saying more than she intends. I wish her well… will probably keep track of her just because…
Take care…be aware,
Nancy Lee
I am a CPS social worker. I have so much to say in response to this blog, I don’t even know where to start! First, I’ll agree that foster care is not always good for children; if that system could be reformed in some way (and all of us here at my agency discuss how on a regular basis!) to ensure that children receive their basic needs, as well as the nurturing they need and deserve, the child welfare system would be improved.
Now on to what I disagree with. First, child abuse (physical and sexual) is considered a crime. Where I work, the police do investigate these crimes along with us and make determinations. Keep in mind that CPS does not “charge” parents with child abuse, and the parents are not found “guilty” or “innocent”. The neglect findings are done in a civil court, not a criminal court. The police, however, do have jurisdiction to charge parents with crimes. Parents can go to jail, get put on probation, and get any other disposition just as they would if they had committed the crime against a stranger. I’ve even seen neglect be considered “child endangerment”, which is also a crime. Regarding the neglect finding, there are courts of appeals where decisions regarding neglect can be fought. Even if children are not removed and a finding is made against the parent, they have a right to a fair hearing, which is done in front of non-affiliated lawyers, to determine if the allegation should stand.
Second, CPS workers (from who and what I know) do not think of themselves as the Gestapo, do not feel powerful, and are not there to try to make people’s lives more difficult. Trust me, the work is hard and exhausting, emotionally and physically, and the hours are long. Resources are scarse, training is poor, and pay is low. Where I work, CPS workers are required to be Master’s level social workers. However, in most states, there is little to no training and people are just thrown into doing a job that very few people want ever want to do. I find it interesting that so many people complain about the system and the people who work for CPS but don’t actually do anything and wouldn’t take this job. Although some major changes have been made in my jurisdiction, in the past workers had up to 60 investigations at one time. Imagine if all of the families that were being investigated had 5-15 children, which many/some of them do. That’s a whole lot of children and parents to keep track of, and a whole lot of decision-making about life and death options. Yes, its true that sometimes children are left in home and then something happens to them, and its true that sometimes they are pulled when maybe there were other avenues that could have been explored. However, these are REAL PEOPLE making these decisions, and not one person in this world makes the right decision every time. If a journalist makes a mistake and prints the wrong information, he/she can retract it the next day, and really no harm is done. If a teacher teaches something incorrectly, she can teach it right the next day and no harm done. CPS workers are held to the same life and death standards as are doctors, and yet receive approximately 8 years less training at their job, and about 1/8th of the pay, if that.
I work diligently every time I investigate an allegation to ensure that I do the best possible job to ensure the safety of the children and to provide the least amount of trauma to the family, whether the allegations are true or false. I know this is mostly true of my colleagues, as well.
In the state in which I work, we can only remove a child if they are in imminent danger. We do not just remove because we feel like it. Families are better off together, and if we can provide services or find resources to ensure that happens, that’s what we do.
Lastly, if we do not allow people to report anonymously, many allegations which would be found to be true would not be addressed because people would be afraid of the consequences. Where I work, the consequences of “pissing off” a neighbor or family member might be dire. I have investigated many false reports, and in the end, the families understand that I had to ensure the safety of their children, and by doing so I help to ensure the safety of their community.
I agree that there are problems. But blaming it on the workers themselves doesn’t do anyone any good. Reforms need to be made in our society so that child abuse and neglect do not occur daily. Reforms need to be made to the systems. And then maybe we can get rid of CPS.
I do also believe that foster parents get a bad rap form alot of people including CPS. They need to be held accountable for their actions. Many times I have had kids come into care with me b/c they needed the help other times it is for no reason at all and i have seen CPS remove children for no reason at all. What I dont like is that they can go back into an adopted childs file and dig up the tramatic and painful past that they endured only to satisfy themselves for job security. Then claim that they needed to ask the questions. We need reform and need it now desperatly.those that make reports need to give their name. CPS agents need to be held accountable most of the time they are the ones abusing the families and children with their interogating tactics that even the federal government isnt allowed to use on war prisioners. CPS workers need to look at what they are doing from the famlies view and not from the federal budget that has 20 Billion Dollars given to them every yearso they can keep on tormenting famlies. Good people dont stay with CPS for long. Good people realise that what they are doing is wrong unlike those that make a career from CPS. To the CPS worker above . Yes CPS is the Gestapo! We need Reform and now.
I feel the same way that is why I am going to take on the cps anyone want to help me I have already sent out letters to congressmen, senaters, and the newspapers and the governor of oklahoma but this is happening all over the country so if any one wants to help take a stand. e-mail here_to_help2007@yahoo.com
I am writing for my sister, she needs help, she has been a foster parent for almost 3 years and has had the same children in her and her husband’s care 2 children a girl and boy brother and sister and just about a month ago the little girl made a false accusation that my brother in law molested her and then retracted and said it was not true but still the police department continue to persue this and it is destroying their lives and they are in a state of panic . The children were removed suddenly and they have not heard from them but a social worker told my sister that they were not persuing anyhting that the police was. And my sister and her husband and 12 yr. old daughter have been interviewed and have been told that upon examination of the child , she was ok but that they still wanted them to take a polygraph ,, which they refused on advise of an attorney, now they are so scared that at anytime they could be arrested or accused of something that never happened! Or oeven loose their daughter, which has told the authorities that she has never been molested! they are such a law abbiding, loving couple that adore their daughter and were even considering adopting one of the children. Now their lives are in termoil, what advise do you have ?
STOP FALSE ACCUSATIONS AGAINST GOOD PARENTS FOR CHILD ABUSE AND ENDANGERMENT
There is no doubt that there are some parents who abuse both their biological and adopted children.
Some of these parents were abused when they were children and could be on drugs.
I do not support the abuse, molestation and exploitation of children. It is evil.
Equally, I am opposed to false accusations of child abuse against innocent parents.
Sometimes children have to be scolded or disciplined for doing something bad.
That should not constitute child abuse.
However, it seems this is exactly what is going on.
If your child misbehaves and you scold him or her, he/she can call the police, the Child Protective Services and accuse you, the parent of abusing and molesting him/her.
Just like some adult, some children tell lies too.
If some adults tell lies and adults bring children into the world, then it is reasonable to believe that sometimes children could be telling lies.
They must have learned how to do that from the adults.
It appears that many times when there is a report of child abuse and molestation, the authorities side with the children against the parents, jump into conclusion, rush to prosecute, convict and imprison the parents, without a thorough investigation to determine if the child told the truth.
In some cases, the children lie because they disliked their parents for not allowing them to do whatever they liked, so they fabricate stories of abuse and molestation.
I am in favor of proper investigation whenever there is a report of child abuse in a family to make sure that parents are not being falsely accused (for being good parents by disciplining their children) and then prosecuted, convicted and imprisoned.
There are no parenting schools where prospective parents can go to be educated FREE on how to be good parents.
Parenting in America is expensive, risky, fraught with dangers and very difficult!!!
If you allow your child to do whatever he/she likes and not discipline him/her, he/she could join the wrong gang at school, start doing drugs, shop- lifting and one day commit a serious crime that could send him/her to the prison.
When this happens, the parents are accused of being bad parents, spoiling the child and being neglectful.
However, if you care for your children, discipline them when they misbehave, they could report and accuse you of being abusive and molesting them.
When the authorities come, in some cases, they believe the children 9even though they could be lying because they disliked you for disciplining them), remove them and put them in foster care, and then prosecute, convict and imprison the parents for child abuse, molestation or endangerment.
It is a catch 22.
Whatever you do or fail to do, as good parents, could lead to a problem with your children.
It is becoming very risky to have children and be good parents in America.
Instead of finding every little excuse to accuse parents of child endangerment, prosecuting, locking them up, removing the children and putting them in foster care system where they are molested and abused, I am in favor of programs and schools being created to educate prospective parents about good parenting.
In any dictatorship, it would be common for corruption to exist. As well as abuse of power, and violation of human rights. CPS is a dictatorship. Often, caseworkers and investigators lie against parents to make a case against them. If there is a good reason to take a child from their parents, it shouldn’t be necessary to lie. The truth would be enough. They don’t have to be worried about being charged with perjury.They can do whatever they want, unless you have a just judge involved, and an attorney to present your case. Most of the parents who these people go after, cannot afford an attorney. Some, after being lied to by investigators and caseworkers, may not realize they need one. There is no way an agency, anywhere, should be able to violate constitutional rights, and leave the power to remove children from their homes, up to one or two people. CPS investigators, should have to go before a judge, with the parents there, to prove that it is necessary to take a child from their parents. The power they have, needs to be removed.And the money incentive given to cps by the Adoption and Safe Families Act, to place children in foster care, shouldn’t exist.
A 21 year old man had sex with his 14 year old cousin. Her parents called the law, they did everything right, he was arrested and charged, and CPS was about to close the initial investigation when they received another call on these parents stating horrible untrue allegations. Each child was interviewed without the parents knowledge and the parents were then contacted, the CPS worker asked her questions but already formed her opinion and felt the parents were guilty, not realizing that the person who made the call was a disgruntled family member that was outraged that the 21 year old was arrested and the problem was not handled in the “family”??? Go figure?? The three innocent little boys who had parents who loved them, and lived for them were completely traumatized and the threat of them being removed was very real. One of the little boys has several disabilities, CP, Epilepsy, and Austic like disorders, his mother is his whole world, had he been taken from her he would of had to be institutionalized due to the effect it would have had on him. He most of all could not have understood at all what was happening to him. But like stated in the above, CPS did not care, they had a job to do and right or wrong they were going to follow their protocol and accuse these parents of outrageous accusations all for what, some one did something to this family that was sick and wrong, and because the parents did the right thing, the rest of their family has to be punished. Seems a bit harsh and unconstitutional to me, but I guess CPS has never read the great constitution of our nation. I agree that something needs to be done, and people who make false allegations should be punished in some way, I am writing letters to my mayor, governor, and state senator to see what kind of bill can be passed that punishes people who make false allegations to CPS and other state agencies out of spite or whatever, that wastes valuable time of these workers and tears good families apart.
The ABA has investigated and put out a report that most states do not provide proper representation for children. This is now part of a class action lawsuit Here in Oklahoma. One must ask if so many children are not represented then how do these cases move forward? What kind of judges and lawyers allow court proceedings to continue if a party is not represented? I would say judges and lawyers who are profiting from the system. In case some here are not aware the American Family Rights Association and fightcps.com both have great websites full of free info regarding CPS.
In September 2003, my daughter Audrey (DOB 3/23/01) was fondled by a Disney PD reserve officer, Nathan Bartlett, and his wife, Nicole.
I reported this to The Disney Chief of Police, Bryan Groff, who I and my husband Scott went to church with.
Groff contacted a Pryor Police Detective, Derek Melton, who also ran a competing ‘church’.
Melton had Scott charged with molestation on October 11th, 2003, despite medical and witness testimony which placed the crime on the Bartletts.
Melton arranged to have my children (daughter Audrey and son Alan, (DOB 12/6/97) taken by DHS on the same day, without a Court order. They were placed in foster care in Pryor.
After interviewing the witnesses against Scott and finding them to be unreliable, the ADA, Becky Gore, informed Melton that she could not get a conviction without more evidence/testimony.
Melton got a warrant for my arrest based on (since proven) false testimony, and arrested me on an enabling charge on October 21st, 2003. I had never before been charged with so much as a traffic violation. Bail was set so high that I had no hope of making it.
My children were removed to the Bartlett’s home. I was informed of this move in December, and could not believe that this was happening, and objected loudly to anyone who would listen. But being in jail without an attorney, there was nothing I could do.
Over the next three months DHS operatives came to me in jail on several occasions and told me that if I would plead guilty and testify against Scott, my children would be moved to a different foster care home.
I ‘pled out’ to the enabling charge in April, 2004, and my children were moved four days later.
Scott went to trial on August, 2004 and was found Not Guilty by the Judge (no jury).
I was told that if I attempted to have my conviction overturned or to sue, that my parental rights would be terminated, and that my children would be permanently removed from me.
My children were held by DHS until August 15th, 2006 (in order to run out the statute of limitations).
The two charges were finally overturned and dismissed in June, 2007.
I am interested in pursuing a lawsuit concerning this matter on behalf of me and my children. I need an Oklahoma lawyer who is aware of the sleazy, underhanded tactics of CPS, and is not afraid to go after them with a vengeance. Does anyone know of an attorney in the Oklahoma city area like this?
Also, I would be interested in adding my own horror story onto a class action lawsuit. In other words, I am willing to be a part of a class action suit.
I have been told that my own statute of limitations may run out soon due to time, but that my childrens will not start to run out until they turn 18. Regardless of what happens with my own case, my kids deserve to be compensated some for the horror they endured.
Before today, I thought that I had encountered an inexperienced CPS worker, unlike most, who through her lack of experience had made a mistake on opening a case on me. Without going into details, I want to say that I am a college educated, Christian mother of five who has home-schooled and breast fed. I have been divorced three times and have had several “grudge” referrals due to the divorces. When C.P.S. determined that I had neglected my children, I was Shocked and thought it must have been a mistake. I live in America and naively thought that I’m innocent until proven guilty.This is not so with social services! I cannot believe the number of American parents that have been violated by this agency!!!!! Something must truly be done
Child abusers should be held accountable and this should include CPS. When they damage children they should be punished/fired/go to trial and the child should be compensated.
I have gone to Sooner Start twice in the last three years for help with some of my grandchildren at different times. These children came from drug families and I needed them evaluated and some advice given..Didn’t get help. Instead I was accused and investigated for abuse, sexual abuse, too strict, too long in time out and so on. This is unreal…I went for help and got in trouble for my beliefs on how to raise a child the old fashion way. You confide in these people hoping for help and they twist it around to try to take the children away. Now my adult children are scared that they will take the child away for no good reason.
CPS is a rogue agency. They are not interested in finding the truth they are only interested in not getting cake on their face.
True story legal documents to prove statements. High conflict divorce and custody dispute. Mom recrutes the children into persuing sexual abuse charges against dad. Mom in involved by having the 6 year old daughter write notes about what Dad did to her. Mom brought the notes to the school and got a CPS investigation and criminal investigation started. For one year dad is not allowed contact in any type with child. CPS closed case as “founded”. Criminal case closed no charges evidence put forward to CPS and they reversed their decission as “unfounded”.
During the divorce trial the court found that mom put the children up to this a revenge. She filed false reports against dad so that she would be able to keep the children away from dad. The courts found this to be case of parental alienation. The courts justified her actions and rewarded her with custody of the children because she was angry. The courts found that mom is a danger to the children, she drinks and drives with the children in her vehicle and she lacks the common sense to not do so. But yet the court gives her custody.
This is our legal system and CPS at work.
I believe their are bad people out there and our children MUST be protected but often times they are not being protect from the real abuser.
Currently looking to find out how to protect those children from “MOM”…..
How many of you lied in your response, twisted the truth or misrepresented the fact? I know Tammy Judd did, how many others of you are liars, I bet most of you have. For the ones that are true victims, you have my sympathy as I have been investigated by CPS myself.