The DeGolyer Act: Due Process & CPS Reform for All Families No family should be erased by the system that’s supposed to protect them. Despite over ten written requests to be considered for placement, our family was ignored for nearly a year. The agency eventually admitted its failure but only after irreparable damage was done.  Their delay denied us due process rights made timely placement consideration nearly impossible and functionally excluded us from a process that was our legal right. We are not alone. Across the country, fit and willing families are being excluded, misled, and denied their constitutional rights under the guise of procedure. We're are calling on public officials, not for politics, but accountability.  This is not about race or politics, it's about justice, family, and the rights of everyone of us. When the system fails one family, it puts all families at risk. No matter who you are or where you come from, this affects us all.  The DeGolyer Act is a call for justice, oversight, and reform. It demands: Mandatory timelines for placement evaluations
Accountability for false statements in court
Due process protections for relatives and caregivers
Transparency in the ICPC process and all court communications
  We’re asking Congress, the public, and every child welfare leader: Stand with us. Sign this petition. Share it widely. Help us stop systemic failure from destroying more families.   Every family in America deserves fair treatment, access to services, and the right to be heard, especially in cases that affect a child’s future. We are a multiracial, multi-generational Hispanic and Afro-Venezuelan American family who has experienced firsthand the consequences of a deeply flawed child welfare system. Our ongoing legal fight to protect our grandson, a child of Mexican and Afro-Venezuelan descent, has revealed systemic failures in CPS procedure, family court access, and protections for disabled and pro se caregivers. If they take him from us without due process, he may never know his Venezuelan roots, his heritage could be erased forever. As a Afro-Venezuelan grandmother, I want to pass down his culture, his language and his roots without us, that part of him may be lost. They're not just taking our grandson, they are erasing his ancestry.  Our grandson is the only male descendant of our family line, he deserves protection, care, and a future that honors both his heritage and his safety. His placement should reflect not just procedural fairness, but cultural, familial, and generational continuity. While the court granted an afternoon hearing as a requested accommodation, the disabled party was still prevented from fully participating, raising concerns about the adequacy and clarity of ADA protections for pro se individuals. Many disabled litigants may not know how to articulate additional accommodation needs in high-stress legal settings, particularly when advocating for a child’s safety. This highlights the need for courts to proactively clarify whether further accommodation is required, not simply fulfilling a single request. Despite submitting formal complaints and documentation directly to Commissioner, caseworker misconduct and bias continue unchecked within this CPS region. The lack of corrective action, even after written acknowledgment and a formal apology by regional leadership, underscores a deeper systemic failure in oversight, transparency, and protection for families seeking legal placement and safety for a child. While most officials failed to acknowledge or address our concerns, we would like to note that regional director Denise Barrera was the only individual who extended professionalism and empathy throughout this process. Our intention is not to harm those who acted in good faith but to hold accountable the system that ignored a child's best interest. Our grandson is currently safe and thriving in the care of his maternal great-grandmother, we have raised serious concerns regarding the proposed placement with the paternal grandparents. These concerns stem in part from their reported connection, possibly a family member within the local CPS office, which has never been formally disclosed or addressed. Should the court or agency prioritize that placement without properly investigating and resolving these concerns, we believe accountability must follow if harm results from that decision. A formal request for ADA accommodation was submitted in advance of the upcoming hearing, outlining the need for accessible evidence submission (via memory stick), additional time to process legal information, and clear, slow communication during proceedings. While the hearing duration was extended, the request itself has not yet been formally acknowledged or confirmed in writing. This lack of direct acknowledgment creates uncertainty and puts additional strain on a disabled litigant preparing for a high-stakes hearing. The absence of written confirmation may reflect a broader issue in how ADA requests are handled in family courts, particularly for self-represented parties. This case also raises serious constitutional and civil rights concerns under the 14th Amendment and 42 U.S. Code §1983. Government actors, including CPS personnel and courtroom officials acted under the color of law while obstructing participation, ignoring evidence, and objecting to legally valid filings without review. These actions denied our family equal protection, due process, and a fair opportunity to be heard in court.   Our Story| A System That Silenced Us We provided confirmed care for our grandson in which CPS closed an initial case without signing documentation, ICPC or monitoring.
We formally requested placement and were ignored for over seven months, until we filed a formal state-level complaint on December 12, 2024, to the DFPS Commissioner This was ignored and disregarded by all levels with the exception of the regional director .  The regional director stated via email that the Interstate Compact Placement of Children (ICPC) process would be initiated.

This acknowledgment was echoed at four levels within CPS:


1.     Regional Director 
2. Program Director, who confirmed via text that our documentation had been received
3. The caseworker, who stated in the same text thread that the ICPC had been requested.

 The caseworker's supervisor, who explicitly stated in open court that by policy, CPS was required to initiate the ICPC because we came forward. We were told the ICPC process had started.             

11 months passed with no action.
The regional director was the only one that has shown kindness, issued a rare apology for the delay.
The process was only initiated 4 weeks before a final hearing.
Meanwhile, the paternal grandparents, with known contact(s) and/or family member inside CPS, were prioritized and repeatedly advocated for in court by CPS, while our motions were ignored and our voices silenced. This raises concerns of bias and unequal treatment as our family has repeatedly been excluded from proceedings.
Despite these acknowledgments, CPS continued to omit us from court proceedings and failed to act. It was only after our formal complaint that action began 11 months after our original request. The regional director is the only CPS official to show accountability, issued a rare written apology for the delay and admitted that CPS failed to initiate the ICPC process in a timely manner. Motions were filed, including under Texas Family Code §102.004, which allows grandparents to request custody. These motions were objected to and stricken off the record along with my words, without being read, and our participation was denied. The child’s attorney whose duty is to protect the child objected aggressively, despite not reviewing evidence or correspondence regarding safety concerns and procedural failures. Despite a six-figure household income, we could not find a conflict-free attorney willing to provide a clear scope of work in Laredo. Our family had to proceed pro se, while also navigating disability barriers and unanswered ADA requests. As of April 23, 2025, I have received no response from the court regarding my request for reasonable accommodation under the ADA. This lack of response places undue burden and further limits my access to justice. We call for a legislative mandate requiring that judges exercise their judicial discretion to ensure that pro  se  litigants kinship caregivers and family members are granted a meaningful opportunity to voice concerns particularly in cases where the physical and emotional safety of a child may be at risk denying participation based solely on procedural technicalities especially when valid motions and safety related evidence are presented undermines the integrity of the child welfare system and violates constitutional guarantees of due process.   What We Faced: Due process was denied, motions ignored, voices silenced.
ADA accommodation requests are not officially confirmed.
CPS bias toward the paternal grandparents.
Family plan misrepresented for the child’s mother.
Pro se parties excluded and dismissed.
No accountability after CPS failure and apology.
We Demand the Introduction of The DeGolyer Act, Which Will: We propose The DeGolyer Act as a comprehensive reform package to safeguard due process, enforce ADA protections, fix CPS placement failures, and protect the civil rights of families and children across the United States.

This legislation is rooted in lived experience, legal precedent, and the urgent need to hold government systems accountable to the families they serve.

1. Ensure Due Process in Family Court Guarantee that all motions, especially from kinship caregivers, are read and acknowledged.
Prohibit objections without reviewing filings.
Require judges to confirm motions were reviewed before striking them.
Mandate transparency and acknowledgment for pro se litigants.
Mandate that judges use their judicial discretion to allow petitioners to present concerns when a child’s safety is at risk especially when filed in good faith and supported by documentation courts must prioritize child safety over procedural objections.
Mandate that any motion filed by a party with a documented disability cannot be stricken from the record without written judicial findings.
Require that any motion raising child safety concerns be preserved in the court record and formally acknowledged on record, regardless of who filed it or their legal representation status.


2. Require ADA Compliance  Written confirmation for all accommodation requests.
Prohibit delays and silence toward disabled parties.
Apply ADA standards to CPS and court-appointed attorneys.
 

3. Fix Interstate Compact on the Placement of Children (ICPC)  Failures  Interstate Compact on the Placement of Children must be initiated within 30 days of a qualifying request.
Any delay beyond 90 days triggers internal audit and family notification.
Public reporting when CPS leadership issues an apology or confirms failure.


4. Stop Informal CPS Influence Require disclosure of personal contacts between CPS workers and family parties.
Penalize unreported conflicts of interest.
Ensure both maternal and paternal sides are given equal access and review.


5. Address Bias in Services Prohibit decisions based on socioeconomic status or past personal behavior.
Mandate review of family plans to avoid misrepresentation.
Protect all parents from discrimination, especially those in recovery and kinship caregivers like grandparents who are too often excluded from process.


6. Protect Civil Rights Enforce 14th Amendment due process protections.
Uphold 42 U.S. Code §1983 against government actors who silence or exclude families without justification.


Why This Matters: If this can happen to a family with legal filings, education, caregiving history, and a confirmed safe home it can happen to anyone.  This is not just about our family. It’s about every grandparent, parent, and child who has been shut out of a process designed to protect them. We need policy, not pity. We need action, not apologies. Join Us. Share This. Support The DeGolyer Act.

Together, we can make sure that no family is silenced, no child is lost in the system, and no court gets to ignore justice in the name of procedure.

Legal Grounds for the Petition: 14th Amendment: Due Process Clause: We were denied meaningful opportunity to participate in a hearing involving your grandchild, despite legally filed motions, evidence, and care history. This constitutes a failure to provide due process under the U.S. Constitution. 42 U.S. Code § 1983,  Civil Action for Deprivation of Rights: This statute allows citizens to sue government actors, including CPS workers, court personnel, and court-appointed attorneys, who, acting under color of law, violate constitutional rights.

Your right to due process, equal treatment, and non-retaliation were infringed upon through procedural denials, silencing, and ignored filings.   📊 Why Reform Is Urgently Needed The following statistics show the widespread, national failures affecting millions of families in the child welfare system. Our story is just one of many and The DeGolyer Act aims to address these systemic injustices. Over 7 million children in the U.S. live in households headed by grandparents or other relatives.
More than 2.6 million grandparents are responsible for raising their grandchildren without the parents present.
1 in 3 children in the U.S. will be subject to a CPS investigation by age 18.
More than 50% of Black and Hispanic children will experience a child welfare investigation during childhood.
80% of CPS investigations are for neglect, not abuse, often tied to poverty, disability, or housing issues.
Disabled caregivers are 2.5x more likely to have children removed, often due to lack of proper ADA accommodations.
Fewer than 30% of ICPC placement requests are completed within the recommended 60–90 day period.
Millions of children are displaced by the system each year, many from safe, willing family homes due to CPS failures.
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Pro se (self-represented) caregivers are disproportionately silenced or excluded in family court proceedings.

📉 The National Crisis Behind the Numbers Over 8 million grandparents live with their grandchildren; about 2.7 million are primary caregivers.
More than 400,000 children are currently in foster care. Many could be safely placed with relatives, but bureaucratic delays and bias prevent it.
Black children are nearly 2x more likely to be placed in foster care than white children.
Kinship caregivers face approval delays, lack of financial support, and exclusion, despite often being the best option.
A 2020 federal review found that CPS agencies often fail to meet timelines, provide equitable services, or complete required documentation.
Disabled parents and caregivers are routinely denied fair treatment under the ADA and Section 504 of the Rehabilitation Act.