Petition:

 Legislation Request for Adoption and Safe Families Act (ASFA) of 1997 Reform

 Request for Comprehensive Reform of Family Court Procedures and Policies

 Legislation Request for Child Support Reform

 

 

To: United States Congress

From: Concerned Citizens of the United States

Subject: Request for Comprehensive Reform of ASFA

 Child Support Reform 18 U.S.C. § 228- Failure to pay legal child support obligations

Request for Comprehensive Reform of Family Court Procedures and Policies

Date: 11/04/2024

We, the undersigned, hereby submit this petition to call for comprehensive reform of the Adoption and Safe Families Act (ASFA) of 1997 and related child support legislation. While these laws were enacted to promote the safety and well-being of children, their implementation has led to numerous unintended and detrimental consequences. We submit his petition to call for comprehensive reform of Family Court procedures and policies. Our current Family Court system, while intended to protect the best interests of children and families, has often led to numerous unintended and detrimental consequences.

 

Concerns:

 

Adoption and Safe Families Act 1997 (ASFA): Title I: Title II: Title III: Title IV: Title V

 

Unintended Separation of Families: ASFA's rigid timelines and criteria for terminating parental rights have led to the premature and often unnecessary separation of families, disproportionately affecting low-income families and families of color.
Inadequate Support for Families: The emphasis on adoption over family preservation has resulted in insufficient support for families struggling with issues such as substance abuse, mental health challenges, and economic hardship.
Impact of Financial Incentives: The financial incentives provided under ASFA have inadvertently encouraged quick adoptions at the expense of family reunification, further destabilizing vulnerable families and communities.
Violation of Civil Rights: ASFA's implementation has raised serious concerns regarding the violation of civil rights, including the right to due process and equal protection under the law, as guaranteed by the 14th Amendment of the United States Constitution.
Family Court

1.        Lack of Transparency and Accountability: Family Court proceedings are conducted without sufficient transparency, leading to decisions that may not always be in the best interest of children and families. There is a need for greater accountability in the decision-making process.

2.        Bias and Discrimination: There have been numerous reports of bias and discrimination within Family Court, particularly against low-income families, minority families, and non-custodial parents. These biases can lead to unjust outcomes and exacerbate existing inequalities.

3.        Inadequate Support Services: Families involved in Family Court proceedings often lack access to adequate support services, such as mental health counseling, substance abuse treatment, and parenting education. This lack of support can hinder the ability of families to achieve positive outcomes.

4.        Overly Punitive Measures: The current system often relies on punitive measures, such as incarceration for non-payment of child support, which can further destabilize families and lead to negative long-term consequences.

5.        Violations of Constitutional Rights: In some cases, Family Court practices have been found to violate constitutional rights, such as the right to due process and the right to a fair trial. There have been instances where parents' fundamental rights to care, custody, and control of their children have been infringed upon without sufficient legal justification.

6.        Judicial Immunity: The existing judicial immunity for judges and other officers of the court can protect individuals who make biased or unfair decisions from accountability. This can result in a lack of recourse for families affected by unjust rulings.

7.        Qualified Immunity: The existing judicial immunity for judges and other officers of the court can protect individuals who make biased or unfair decisions from accountability. This can result in a lack of recourse for families affected by unjust rulings.

8.        Promoting 50/50 Equal Parenting: Advocate for the presumption of 50/50 equal parenting time in custody decisions, unless there is clear evidence that such an arrangement would not be in the best interest of the child. This approach supports the involvement of both parents in the child's life.

9.        CLE Training for Officers of the Court: Mandate Continuing Legal Education (CLE) training for all officers of the court, including judges, guardian’s ad Litem, and attorneys. This training should focus on understanding family dynamics, child development, and the elimination of bias.

 

Child Support Legislation:

 

Fair Calculation of Child Support: Current formulas for calculating child support may not always account for the actual cost of raising a child or the financial situation of both parents. Reforming these formulas to be more equitable and reflective of real-life expenses is necessary.
Enforcement Practices: Enforcement practices for collecting child support can sometimes be overly punitive, leading to negative consequences for non-custodial parents, such as wage garnishment, license suspensions, and incarceration. These measures can disproportionately affect low-income and marginalized individuals.
Debtor's Prison: The practice of incarcerating non-custodial parents for unpaid child support effectively creates a modern-day debtor's prison, which is illegal under U.S. law. The Supreme Court has ruled in cases such as Bearden v. Georgia (1983) that incarcerating individuals for failing to pay fines or fees without considering their ability to pay violates the Equal Protection Clause of the 14th Amendment. This practice unfairly targets low-income individuals and exacerbates their financial instability.
Access to Legal Representation: Many non-custodial parents lack access to legal representation when dealing with child support issues, which can result in unfair rulings and a lack of due process.
 

Request for Action:

 

We call upon the United States Congress to take immediate action to reform ASFA and child support legislation by:

 

Reforming the Adoption and Safe Families Act (ASFA):

 

Raise Standards for Removal: Modify ASFA to raise the threshold for child removal to imminent risk of serious harm, ensuring that removal is a last resort.
Flexible Timelines: Replace the rigid 15/22 months’ timeline for terminating parental rights with a more flexible, case-by-case approach.
Support for Families: Increase funding and resources for family support programs, including substance abuse treatment, mental health services, and parenting education, aligning with the Family First Prevention Services Act (FFPSA) of 2018.
Redirect Financial Incentives: Redirect financial incentives to support family reunification rather than quick adoptions, ensuring resources are used to help families regain custodial rights.
 

Request for Action:

 

We call upon the United States Congress to take immediate action to reform Family Court procedures and policies by:

 

1.        Increasing Transparency and Accountability: Implement measures to ensure that Family Court proceedings are conducted with greater transparency and accountability. This includes public access to court records and proceedings, as well as regular audits of Family Court decisions.

2.        Addressing Bias and Discrimination: Establish training programs for Family Court judges and personnel to address and eliminate bias and discrimination. Implement measures to ensure that all families receive fair and equal treatment in Family Court proceedings.

3.        Enhancing Support Services: Increase funding for support services for families involved in Family Court proceedings. This includes mental health counseling, substance abuse treatment, parenting education, and other resources to help families achieve positive outcomes.

4.        Reforming Punitive Measures: Shift away from punitive measures, such as incarceration for non-payment of child support, towards more supportive and rehabilitative approaches. Implement measures to ensure that non-custodial parents have the support they need to meet their obligations.

5.        Protecting Constitutional Rights: Ensure that all Family Court practices uphold the constitutional rights of parents and families. This includes respecting due process rights and the fundamental right to care, custody, and control of children.

6.        Promoting 50/50 Equal Parenting: Advocate for the presumption of 50/50 equal parenting time in custody decisions, unless there is clear evidence that such an arrangement would not be in the best interest of the child. This approach supports the involvement of both parents in the child's life.

7.        Judicial Immunity: Remove judicial immunity for judges and other officers of the court to ensure accountability for biased or unfair decisions. Families should have recourse to address unjust rulings.

8.     CLE Training for Officers of the Court: Mandate Continuing Legal Education (CLE) training for all officers of the court, including judges, guardian ad litem, and attorneys. This training should focus on understanding family dynamics, child development, and the elimination of bias.

 

Reforming Child Support Legislation:

 

Fair Calculation of Payments: Revise child support calculation formulas to be more equitable and reflective of actual expenses and financial situations.
Reform Enforcement Practices: Shift enforcement practices towards mediation and support rather than punitive measures, recognizing the illegality and impracticality of debtor's prisons.
Ensure Access to Legal Representation: Guarantee legal representation for all parents in child support cases to protect their rights and ensure fair rulings.
Increase Transparency and Accountability: Implement greater transparency in the child support system, providing clear information about payment calculations and usage.
Reallocation of Existing Funding: We recognize that there is already funding in place for adoption, Child Protective Services (CPS), and child support programs. We propose reallocating these funds towards initiatives that keep families together and provide support to citizens, reducing the need for punitive measures such as incarceration. This reallocation would focus on preventive measures, family reunification efforts, and holistic support services that address the root causes of family instability.

Independent Oversight Committee: We recommend the establishment of an independent oversight committee to monitor the implementation of these reforms. This committee would ensure that child welfare programs and child support enforcement are carried out ethically and effectively. The committee would provide regular reports to Congress and the public, enhancing transparency and accountability.

Constitutional Basis for Petition: Our right to petition the government for a redress of grievances is guaranteed by the First Amendment of the United States Constitution. The First Amendment states: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Additionally, through the Incorporation Doctrine, the Bill of Rights is made applicable to the states through the 14th Amendment’s Due Process Clause. This doctrine ensures that states cannot infringe upon the fundamental rights and liberties guaranteed by the Constitution, including our right to petition the government for reforms to ASFA, Family Court and child support legislation.

Relevant Case Law: We reference the 9th Circuit civil rights case from Oregon, which holds certain common Child Protective Services (CPS) investigation tactics to be unconstitutional under either the 4th or 14th Amendment, despite evidence that the child they sought to protect was at risk. This case highlights the need for Family Court practices that respect constitutional rights while protecting children’s welfare.

9.32 Particular Rights—Fourteenth Amendment—Due Process—Interference with Parent/Child Relationship: Parents and children possess a constitutionally protected liberty interest in companionship and society with each other.

 Smith v. City of Fontana, 818 F.2d 1411, 1418 (9th Cir. 1987), overruled on other grounds by Hodgers-Durgin v. de la Vina, 199 F.3d 1037 (9th Cir. 1999) (en banc).  This liberty interest is rooted in the Fourteenth Amendment, which states in relevant part that “[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law.”  U.S. Const. amend. XIV, § 1

 

By signing this petition, we urge Congress to take immediate and effective action to reform ASFA, Family Court Reform and child support legislation, ensuring that these laws truly support the well-being of children and families in a fair and just manner.

 

Signatures: