Parents are outrage over this legal kidnapping, its happening to families all over the country, and disparity between minorities families is beyond belief. This is a matter of extreme importance as it relates to the child protection service reform bills that are currently being considered, and the need for the protection of the constitutional rights of parents. I am fully aware there are children who do need to be removed from wretched situations and need protection, but their protection must be balanced with the constitutional rights of the mothers and fathers. Child Protection Services (CPS) chooses to ignore those laws the legislature, made. Even when notified of those laws, they fabricated evidence, lie and go about their illegal activities with a brazen arrogance totally without fear of reprimand, reprisal or the consequences of their illegal actions. Unless you’ve been targeted by Child Protection Services, you cannot even begin to imagine the feeling of pain, grief, financial loss, helplessness and depression caused by having your children removed without due process, and the nightmare so many parent(s) are facing daily. This is happening all over the United States. I recommend the follow amendments to legislature;

**Petition for Legislative Amendments to Protect Families and Ensure Fair Treatment in Child Welfare Cases**

We, the undersigned, call upon the legislatures of Indiana/Michigan to consider and enact the following amendments to the child welfare statutes. These amendments aim to protect the rights of children and parents, ensure fair treatment in child welfare cases, and hold Child Protective Services (CPS) and Department of Child Services (DCS)/Department of Human Services (DHS) employees accountable for their actions.

1. **Amendment to the Malicious Punishment of a Child Statute**: Introduce age requirements for children under 6-years old, specifying that "If the punishment results in less than substantial bodily harm," it should be addressed differently. This amendment seeks to prevent parent(s) from being unduly penalized for minor offenses, often related to substance use, and acknowledges the different needs and vulnerabilities of younger child(ren).

2. **Mandatory 60 Days Home Safety**: For all incidents resulting in less than substantial bodily harm, a 60-day home safety period should be mandatory. This approach aims to reduce out-of-home placements and support parent(s) in creating a safe and nurturing environment for their child(ren). Additionally, if after 60 days NO improvements shown or made, a relative or close friend to the family placement for child(ren) will be given over foster care placement, Family member(s) or close friend to family DOES NOT HAVE TO OBTAIN FOSTER CARE LICENSE OR BECOME LICENSED,  sibling(s) will NEVER be separated, if removal takes place contact between child(ren) and parent(s) will not be decided by the case worker, a child(ren) may contact  the parent(s)  by via phone, text, messages, social media, email or mail unlimited times. Visiting if cant agree with whom is caring for the child(ren) visitation is to be every other day for atleast 1-2 hours. The child(ren), family member(s), and non-offending parent(s) should not be penalized for the actions of the parent. 

3. **No Immunity for Misconduct**: Eliminate immunity for CPS/DCS/DHS employees who lie, withhold information, or fabricate evidence in child welfare cases. Such actions should be classified as a class 2 felony, ensuring accountability and integrity in the child welfare process.

4. **Parental and Child Rights Handbook**: Develop a comprehensive handbook detailing the legal rights of parent(s) and child(ren) in Indiana/Michigan. This handbook should be distributed at the outset of any CPS/DCS/DHS investigation, empowering families with knowledge and ensuring transparency in the process.

5. **Qualified Immunity**: Replace total/absolute immunity for CPS/DCS/DHS employees with qualified immunity, aligning with practices in other states that have seen positive outcomes from such changes. This amendment aims to foster accountability while still protecting employees from frivolous lawsuits.

6. **Supervisor Approval for Child Removal**: Require that only a supervisor of CPS/DCS/DHS within the county of the child's residency can ask for a child removal. This is only if no improvements occurred during the 60 day home safety. ONLY the Judge whom signed the removal order will be allowed to serve the parent(s) the removal order with the attached affidavit stating reason for removal before child(ren) are removed from the home. The Judge must serve the order face to face to the parent(s). Removal petition must show evidence a child’s wellbeing is at serious risk if stayed in the home with ALL options BEING exhausted, listing all exhausted options attempted. Removal petition can NOT go off of hearsay or assumption of wrong doings. If it's found that a supervisor has asked to remove the child(ren) by assumption and without factual evidence the supervisor is to be immediately discharged from supervisor position and terminated from working with child protective services within the United States for at least 5 years, and placed on a public database showing termination. If a Judge signs a removal order without seeing factual evidence. And assumes the supervisor was telling the truth he or she will be chargrd with a class 6 felony This ensures due process and safeguards against unwarranted removals.

7. **Legal Representation for Parents**: Guarantee the appointment of an attorney specializing in family law for parents at the first hearing upon a CPS/DCS/DHS petition for child(ren) removal. This ensures that parent(s) are adequately represented and can navigate the legal system effectively.

8. **Jury Trials for Termination of Parental Rights**: Mandate that all termination of parental rights proceedings be conducted as jury trials within the Indiana/Michigan Supreme Courts. This provides an additional layer of fairness and impartiality in these critical decisions.

9. **Consequences for Unfounded Termination Efforts**: If termination of parental rights is not pursued in the Supreme Court trial, the responsible caseworker's employment should be terminated that day, and listed within a public database that they are barred from reemployment in child protective services and or any state employment within the United States. This holds individuals accountable for unwarranted attempts to sever family ties.

10. **No Out of Birth State Adoptions**: Absolutely No exception for any State to preform a adoption other then the state the child(ren) was born in. If adoption occurs within a state the child(ren) was not born in all parties including the judge will be charged with a class 3 felony. 

11. **Surname is the Only Name to Be Changed within a adoption**: A surname also known as the last name is the only name to be changed within a adoption. If the child is 10 years of age they are required to consents for their surname to be changed to the adopted surname. 

12. **FAMILY Has First Option to Adopt.**: Family to the child(ren) has First Option to Adopt the child(ren). Family Members do not have to go through a home study or classes to adopt. A adoption does NOT have to take place for a case to become closed after removal. A family member can decide to just take guardianship rights if parent(s) rights are terminated within Supreme Court. The Only way a Family Member can NOT adopt is if they or someone within the home is a sex offender this doesn’t matter how long ago charges or conviction Occurred. A violent history of abuse on a child(ren). This will keep families together and child(ren) safer then placing a child(ren) with strangers and making the child be traumatized. 

13. **A child can have the adoption reversed**: A child can make the decision to go back with biological parents at the age of 12. A adoption can only be reversed if the adoption was done without consent of both parents and the child if over the age of 12 , fraud was found within the case, a child(ren) or a parent(s) rights were violated to make the adoption go through, a adoption is found to be forced or threatened, a adoption took place before 2 years passed from the day of the removal of the child(ren) from the home, or adopted parent petitions the court showing progress within the biological parent(s) life and gives the biological parent(s) a second chance as long as the child(ren) parent(s) the child(ren) parents spouse or the parent(s) are not living with a individual that was or is a suspect for any type of sex crime involving a adult or child(ren), or have any serious abuse on a child(ren) resulting in serious injury or death case. Adopted parent(s) have to show proof  within the courts of the progress to ask for a second chance. This will help with keeping families close and not separated. There will be less runaways and less parental kidnappings occur. 

By signing this petition, we urge our state legislators to consider these amendments seriously and take action to reform our child welfare system. Our goal is to protect families from unnecessary trauma, ensure fair and just treatment in child welfare cases, and uphold the rights and dignity of all involved.

Taking away someone’s child(ren) is every parent’s worst nightmare, These parent(s) face the same feeling as parent(s) feel when a Kidnapping occurs, not being told where the child or children are at, every night not knowing if the child or children was safe, Not having any communication with the child or children not even by phone, text, video, social media, Child or Children suffering and being punished for a adults mistake by refusing contact within all family members to the child or children. Isn’t that what kidnappers do as well? The loss and grief is unending. The damage done to the families emotionally can never be undone. I will never get that lost time with my children back ever. The first day of school, the first day of junior high, the first day of high school, some even  graduation, the first school dance, the first crush, the first heart break, all the goodnight dream sweet prayers said together, every birthday gone by, every holiday, every smile tear laugh or yell, every tooth put under the pillow, every report card and sports games played , every role a mother or father should have within their child’s life ripped away and never can be replaced or redone, I’ve lost that because a outside state came within our homestead state and kidnapped my child(ren). Parents deserve the right to a jury trial higher then family court but within Supreme Courts leaving whoever was found to be wrong consciences they face rather it is termination of parental rights or loosing your career and never being able to work within child protective services, loosing your family , or loosing what helps support your family one will pay for their actions. This will help end corruption that is taking over so many small town family courts leaving families lost for help, it will show not only family that the court is not one sided but equal. This will cut down on the false terminations within family courts leaving only cases that are a most definitely have a case and shall be termination is the only option left. Fairness will be seen again within our system. This is a decision that shouldn’t be made within the same judge that hears your case within the whole process of either you will fight or you will loose your children, his/her only role should be to see if a higher courts should be scheduled for a trail to terminate parental rights after, he it she over sees every option to fix a family from being ripped away from each the whole family. Breaking up someone’s family should not be decided by just one man/women.
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This draft is intended to encapsulate the key points and rationale behind each proposed amendment, providing a clear and compelling case for legislative change.

Related: 
[1] View source
Section 465 IAC 2-1.5-13 - Care of children; general
[2] View source
Section 31-28-7-1 - Removal from home based on petition to adopt
[3] View source
Section I - General Rules Applicable to Parenting Time
[4] View source
Section 31-34-2.3-1 - Petition to remove alleged perpetrator of child abuse or neglect from child's residence
[5] View source
Section II - Specific Parenting Time Provisions
[6] View source
Section 31-34-2.3-6 - Duties for parent or other custodian of child; order
[7] View source
Section I - General Rules Applicable to Parenting Time
[8] View source
Section 465 IAC 2-1.5-16 - Care of children; discipline
[9] View source
Section 31-34-4-2 - Placement of child with relative caretaker or de facto custodian; evaluation; criminal history check required; exceptions; out-of-home placement; considerations
[10] View source
Section 465 IAC 2-1.5-19 - Care of children; health
[11] View source
Rule 6.2 - Right to Counsel in Juvenile Delinquency Proceedings
[12] View source
Section 31-34-6-2 - Placement with relative or de facto custodian; evaluation; background checks
[13] View source
a Child's Basic Needs
[14] View source
Section 455 IAC 2-4-11 - "Child protection services" or "CPS" defined
[15] View source
Section 465 IAC 2-10-8 - "Corporal punishment" defined
[16] View source
Section I - General Rules Applicable to Parenting Time
[17] View source
Section 465 IAC 2-13-8 - "Corporal punishment" defined
[18] View source
Section 31-35-1.5-10 - Prohibition on court inquiry or investigation regarding parent
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UNDERSTANDING THE LEVELS OF FELONY IN INDIANA
On Behalf of Hayes Law Office | Mar 5, 2024 | Criminal Defense

LEVELS 1 AND 2
In Indiana, level 1 and 2 felonies represent the most severe crimes with the harshest penalties. These offenses include murder, rape and certain large-scale drug dealing offenses. Punishments for level 1 and 2 felonies can include decades-long prison sentences or even life imprisonment without parole.
LEVEL 3
Level 3 felony offenses often carry substantial penalties. Examples include aggravated battery, certain drug dealing offenses involving larger quantities and residential burglary. Convicted individuals may face a prison sentence ranging from three to 16 years and fines of up to $10,000.
LEVEL 4
Level 4 felonies represent a significant increase in severity compared to lower levels. This includes offenses such as arson resulting in bodily injury, certain types of robbery and dealing in a schedule I or II controlled substance. A conviction for a level 4 felony can lead to a prison sentence of two to 12 years and fines of up to $10,000.
LEVEL 5
Crimes such as burglary, some drug dealing offenses and battery resulting in moderate bodily injury fall under this category. A level 5 felony conviction may result in a prison sentence ranging from one to six years and fines of up to $10,000.
LEVEL 6
Level 6 felonies are the least severe among felony offenses in Indiana. Examples of level 6 felonies include certain theft offenses, possession of a controlled substance and some forms of forgery. Conviction of a level 6 felony can result in a sentence of up to 2.5 years in prison and a fine of up to $10,000.
A felony conviction is a serious matter, but there is hope. Those accused have rights, and proper knowledge will ensure you are proactive in asserting your rights and protecting your best interests.
 
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