A San Bernardino resource parent failed to protect my children they were raped for 4 month
A San Bernardino resource parent failed to protect my children they were raped for 4 month
The Issue
In America there are too many families being broken up and victimize by the errors of Children and family services/cps. My son 7 year old son and daughter 4 year old was raped for a period of 3 months. By a boy 9 while under the supervision of a caregiver. The rapes were substantiated. Meaning my kids were brave enough to disclose there abuse. And the department of social services closed the case. The California community care, licensing department, cited the foster family facility, with the lack of adequate care and supervision type A violation. A type A violation is for the most serious type of violations in which there is an immediate risk to the health, safety or personal rights of those in care. Citations for these violations will always be issued even if the violation is corrected on the spot. A type A violation means my kids were harmed. The caregiver is out of compliance with the Welfare and institutions code
ARTICLE 13.5. Foster Care of Children [396 - 452]
( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )396.
It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued. Yet my kids remain in the same home they where raped and are still under the custody of the same caregiver that failed to protect them from rape.
The California community licensing department elected to use the same recommendation plan of correction made by the caregivers FFA agency social worker supervisor who was the first person that the caregiver called instead of properly calling a walfare institution as required by CA law by all caregivers when learning of a child in there care was raped. Also the FFA is closed on the weekends. 1/16/22 was a Saturday that FFA supervisor should have been off duty. But the FFA Agency Social Worker supervisor came to the home and decided investigate. She states that the RM and herself put in a 14 day notice for T dated 11/11/22 due to all the undisclosed, issues and behaviors, RM was concerned about T. But my kids social worker states that she wasn’t aware of any of the issues the RM or the ASW were now disclosing after my son declosed he was raped.
The caregiver explains my son was hunched back over complaining of abdominal pain stomach pain. She took him to the hospital, and the doctor diagnosed him as having diarrhea, and discharged him. Then on the way home close to midnight Dwayne disclose he was being rape and his sisters were being raped for the period of three months to the caregiver . After Dwayne‘s disclosure to the caregiver, she said she then thought about calling the police, but then decided to call her FFA supervisor. Then the worker supervisor spoke to Dwayne he disclosed that from day one a client in the residents has been sexually assaulting him and threatening to kill him since entering home. He equals it to living torture. caregiver about the lack of supervision. the state to the residential foster facility. She was found to to be out of compliance with free of rape and also care and supervision. When this is a clear violation of California Penal Code, 270 neglect, when a guardian willfully neglect getting a child medical attention when needed they’re guilty of at least a misdemeanor. Yet my kids who are African-American remain with the caregiver. They are trying to sweep this under the rug by terminating all parental rights?A Casa volunteers bought everything to the surface now the kids attorney fired them saying the kids said they were mean! This is an outrage a miscarriage of justice just because these kids are African-American the dependency court doesn’t feel the need to uphold their civil rights and liberties. The caregivers are court mandated reporters. They didn’t report the rapes to the police in this matter.
In 2022 as reported in Child welfare government facts in America there is 407,318K children in foster care. Sadly only 34% of 407,328 children are placed with kin or relative. This high number is due to the 5th 8th and the 14th amendment Being encroached upon. This encroachment forces a parent to submit to all allegations renders the parent useless and powerless and their fight for their family. To allow this to continue would be the greatest injustice the American people has faced.
If child family services/CPS is not changed and the children dependency court laws does not change these numbers rise dramatically. The 8th Amendment to the U.S. Constitution was created as a part of the Bill of Rights to protect criminals from excessive punishment. It forbids the government from using torture as well as excessive fines and bail to punish people who have broken the law. Terminating a parents right who was not convicted of a crime against there children should be labeled cruel and unusual punishment. Children are being snatched from their families arms to be placed in homes where there being sexually abused and mentally abused. These caregivers or foster care facilities dont receive adequate training so a kid who has never taken any psycho tropic medicine are being forced to take these medication so they can calm down and act how the caregiver wants them to act. The United States government is being asked by the people under its Constitution. To mass reform The department of social services! We ask that you act in haste due to blatant disregard of so many childrens fundamentals rights.
If The American people 5th 8th and 14th amendment (due process) keep being overlooked. Children and family services and child dependency courts would continue to involve themselves in a form of human trafficking.
The preponderance of evidence burden of proof and the trial by judge alone should be removed from child dependency court. And they should adopt a more criminal law approach to ensure that everyone’s due process is in full affect. The American people is asking for immediate reform of the children famiy and services we’re asking for safeguards to ensure that the family first and adoption is the last option policy is upheld to the highest degree.
adopt into law off:
The parental rights amendment
Rights
1. Review and reform of federal adoption incentives:
Call a Senate Finance Committee hearing to review and subsequently reform the federal adoption incentives provided by the Child Abuse Prevention and Treatment Act of 1974 and the Adoptions and Safe Families Act of 1997. We want less money being funneled into this system. We want funding to be set based on the population of the county and not the number of children in state custody or number of cases open. Providing incentives per child or case only creates more unnecessary cases. We also demand that the wording and definition of neglect as abuse be reworded to only include extreme cases of neglect. This way case workers can focus on the children and families that actually need help and use funding for the purpose of keeping families together or reunification.
2. Full FBI investigation of all CPS offices and juvenile/family courts:
This is an extremely daunting task but it is absolutely necessary that it be done. An announcement of investigation by either the Federal Bureau Investigation or the Department of Justice must be made with a request for tips to be sent in via phone or email. The case files of every office need to be reviewed and cross examined with family/parent testimony to find examples of cases workers violating the law or regulations laid out in the state CPS handbook. Prosecution of workers must follow the investigation. Every state is different so we are asking that state governors and attorney generals work hand in hand with state FBI offices to make this investigation as thorough as possible.
3. Apply rules of criminal court to CPS cases. Criminal charges beyond a reasonable doubt, no preponderance of evidence:
This alone will solve many of the problems created by CAPTA's wording. Currently juvenile/family courts function like military tribunals, in that only a preponderance of evidence is needed for a conviction, or in this case termination of parental rights. If cases are treated like any other criminal case, then evidence beyond a reasonable doubt must be presented in order to terminate parental rights. This will stop the termination of rights due to false accusations or trumped up accusations by case workers. All evidence must be collected by law enforcement from now on. Case workers are not qualified to conduct criminal investigations and should never have been allowed to do so in the first place.
4. Independent oversight of CPS and juvenile/family court:
Lack of oversight of caseworkers and family/juvenile courts is a major problem leading to the violation of parental rights on a daily basis. We are calling for a new agency to be created to handle this and investigate claims of abuse of power. As it is now parents have no one to report rights violations to short of the Office of Inspector General, who is a part of the same agency. Most public defenders will not do this and could care less if a parent loses their child. Oversight during the process is what is lacking.
5. Pass the Parental Rights Amendment:
A copy of the Parental Rights Amendment can be found here, http://www.parentalrights.org/ Only a constitutional amendment will ensure that parental rights will be honored in the United States, and protected from the threat of international law.
6. Transparency in juvenile/family court:
We demand a stop to all gag orders as they are unconstitutional. We demand that cameras be installed in all juvenile/family courts with a live stream available as well as an archive of video preceedings made available throught a state website. Case workers will think twice before lying on the stand if they know that the world may be watching. Judges as well will be sure to be on their best behavior if they know they are being watched, possibly by several citizens of several countries. We advise that cameras also be places on case workers as long as they are gathering evidence to be used in court. Testimony of caseworkers will not be allowed in court unless there is video evidence to back up their claims.
7. Return of children
Why is this important?
We need to expose the corruption in the child welfare and family court systems and force lawmakers to reform them.
223
The Issue
In America there are too many families being broken up and victimize by the errors of Children and family services/cps. My son 7 year old son and daughter 4 year old was raped for a period of 3 months. By a boy 9 while under the supervision of a caregiver. The rapes were substantiated. Meaning my kids were brave enough to disclose there abuse. And the department of social services closed the case. The California community care, licensing department, cited the foster family facility, with the lack of adequate care and supervision type A violation. A type A violation is for the most serious type of violations in which there is an immediate risk to the health, safety or personal rights of those in care. Citations for these violations will always be issued even if the violation is corrected on the spot. A type A violation means my kids were harmed. The caregiver is out of compliance with the Welfare and institutions code
ARTICLE 13.5. Foster Care of Children [396 - 452]
( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )396.
It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued. Yet my kids remain in the same home they where raped and are still under the custody of the same caregiver that failed to protect them from rape.
The California community licensing department elected to use the same recommendation plan of correction made by the caregivers FFA agency social worker supervisor who was the first person that the caregiver called instead of properly calling a walfare institution as required by CA law by all caregivers when learning of a child in there care was raped. Also the FFA is closed on the weekends. 1/16/22 was a Saturday that FFA supervisor should have been off duty. But the FFA Agency Social Worker supervisor came to the home and decided investigate. She states that the RM and herself put in a 14 day notice for T dated 11/11/22 due to all the undisclosed, issues and behaviors, RM was concerned about T. But my kids social worker states that she wasn’t aware of any of the issues the RM or the ASW were now disclosing after my son declosed he was raped.
The caregiver explains my son was hunched back over complaining of abdominal pain stomach pain. She took him to the hospital, and the doctor diagnosed him as having diarrhea, and discharged him. Then on the way home close to midnight Dwayne disclose he was being rape and his sisters were being raped for the period of three months to the caregiver . After Dwayne‘s disclosure to the caregiver, she said she then thought about calling the police, but then decided to call her FFA supervisor. Then the worker supervisor spoke to Dwayne he disclosed that from day one a client in the residents has been sexually assaulting him and threatening to kill him since entering home. He equals it to living torture. caregiver about the lack of supervision. the state to the residential foster facility. She was found to to be out of compliance with free of rape and also care and supervision. When this is a clear violation of California Penal Code, 270 neglect, when a guardian willfully neglect getting a child medical attention when needed they’re guilty of at least a misdemeanor. Yet my kids who are African-American remain with the caregiver. They are trying to sweep this under the rug by terminating all parental rights?A Casa volunteers bought everything to the surface now the kids attorney fired them saying the kids said they were mean! This is an outrage a miscarriage of justice just because these kids are African-American the dependency court doesn’t feel the need to uphold their civil rights and liberties. The caregivers are court mandated reporters. They didn’t report the rapes to the police in this matter.
In 2022 as reported in Child welfare government facts in America there is 407,318K children in foster care. Sadly only 34% of 407,328 children are placed with kin or relative. This high number is due to the 5th 8th and the 14th amendment Being encroached upon. This encroachment forces a parent to submit to all allegations renders the parent useless and powerless and their fight for their family. To allow this to continue would be the greatest injustice the American people has faced.
If child family services/CPS is not changed and the children dependency court laws does not change these numbers rise dramatically. The 8th Amendment to the U.S. Constitution was created as a part of the Bill of Rights to protect criminals from excessive punishment. It forbids the government from using torture as well as excessive fines and bail to punish people who have broken the law. Terminating a parents right who was not convicted of a crime against there children should be labeled cruel and unusual punishment. Children are being snatched from their families arms to be placed in homes where there being sexually abused and mentally abused. These caregivers or foster care facilities dont receive adequate training so a kid who has never taken any psycho tropic medicine are being forced to take these medication so they can calm down and act how the caregiver wants them to act. The United States government is being asked by the people under its Constitution. To mass reform The department of social services! We ask that you act in haste due to blatant disregard of so many childrens fundamentals rights.
If The American people 5th 8th and 14th amendment (due process) keep being overlooked. Children and family services and child dependency courts would continue to involve themselves in a form of human trafficking.
The preponderance of evidence burden of proof and the trial by judge alone should be removed from child dependency court. And they should adopt a more criminal law approach to ensure that everyone’s due process is in full affect. The American people is asking for immediate reform of the children famiy and services we’re asking for safeguards to ensure that the family first and adoption is the last option policy is upheld to the highest degree.
adopt into law off:
The parental rights amendment
Rights
1. Review and reform of federal adoption incentives:
Call a Senate Finance Committee hearing to review and subsequently reform the federal adoption incentives provided by the Child Abuse Prevention and Treatment Act of 1974 and the Adoptions and Safe Families Act of 1997. We want less money being funneled into this system. We want funding to be set based on the population of the county and not the number of children in state custody or number of cases open. Providing incentives per child or case only creates more unnecessary cases. We also demand that the wording and definition of neglect as abuse be reworded to only include extreme cases of neglect. This way case workers can focus on the children and families that actually need help and use funding for the purpose of keeping families together or reunification.
2. Full FBI investigation of all CPS offices and juvenile/family courts:
This is an extremely daunting task but it is absolutely necessary that it be done. An announcement of investigation by either the Federal Bureau Investigation or the Department of Justice must be made with a request for tips to be sent in via phone or email. The case files of every office need to be reviewed and cross examined with family/parent testimony to find examples of cases workers violating the law or regulations laid out in the state CPS handbook. Prosecution of workers must follow the investigation. Every state is different so we are asking that state governors and attorney generals work hand in hand with state FBI offices to make this investigation as thorough as possible.
3. Apply rules of criminal court to CPS cases. Criminal charges beyond a reasonable doubt, no preponderance of evidence:
This alone will solve many of the problems created by CAPTA's wording. Currently juvenile/family courts function like military tribunals, in that only a preponderance of evidence is needed for a conviction, or in this case termination of parental rights. If cases are treated like any other criminal case, then evidence beyond a reasonable doubt must be presented in order to terminate parental rights. This will stop the termination of rights due to false accusations or trumped up accusations by case workers. All evidence must be collected by law enforcement from now on. Case workers are not qualified to conduct criminal investigations and should never have been allowed to do so in the first place.
4. Independent oversight of CPS and juvenile/family court:
Lack of oversight of caseworkers and family/juvenile courts is a major problem leading to the violation of parental rights on a daily basis. We are calling for a new agency to be created to handle this and investigate claims of abuse of power. As it is now parents have no one to report rights violations to short of the Office of Inspector General, who is a part of the same agency. Most public defenders will not do this and could care less if a parent loses their child. Oversight during the process is what is lacking.
5. Pass the Parental Rights Amendment:
A copy of the Parental Rights Amendment can be found here, http://www.parentalrights.org/ Only a constitutional amendment will ensure that parental rights will be honored in the United States, and protected from the threat of international law.
6. Transparency in juvenile/family court:
We demand a stop to all gag orders as they are unconstitutional. We demand that cameras be installed in all juvenile/family courts with a live stream available as well as an archive of video preceedings made available throught a state website. Case workers will think twice before lying on the stand if they know that the world may be watching. Judges as well will be sure to be on their best behavior if they know they are being watched, possibly by several citizens of several countries. We advise that cameras also be places on case workers as long as they are gathering evidence to be used in court. Testimony of caseworkers will not be allowed in court unless there is video evidence to back up their claims.
7. Return of children
Why is this important?
We need to expose the corruption in the child welfare and family court systems and force lawmakers to reform them.
223
The Decision Makers
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Petition created on February 11, 2023