Stop Child Protection Services (CPS) From Legally Kidnapping Children!
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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 involved to get out. This is happening all over the United States.
I recommend the follow amendments to legislature;
1) The Malicious Punishment of a Child Statue, shall include age requirements for children under 6-years old, “If the punishment results in less than substantial bodily harm”. Parents are being caught in the system for minor offenses.
2) A 60 days home safety place shall be mandatory for all incidents. “If the punishment results in less than substantial bodily harm”. This will decrease out of home placements and get parents the help they need to keep there children. Failing this, relative placement shall be the option for temporary removal and adoption, prior to petitioning the court for placement within the foster care system.
3) No Immunity For Lying; Employee misconduct; violation; classification (Currently before Kansas Legislation for a vote 2017)
A DHS department employee, which includes but is not limited to a supervisor, case worker, or Guardian Ad Litem may not knowingly do any of the following in regard to the employee's official duties on a matter before the department or the juvenile court pursuant to this chapter to influence the outcome of the matter:
1. Lie about the matter.
2. Withhold material information in regard to the matter.
3. Fabricate evidence.
An employee who violates this section is guilty of a class 6 Felony.
4) To require the creation of a detailed Guardian Ad Litem handbook similar to the 68-page document created for the state of Kansas so that people know their legal rights. This information shall be provided to all parents at the commence of any DHS investigation along with state mandated guidelines and DHS legal requirements.
5) Eliminate total / absolute immunity to enforce accountability. In 2006 the Maryland legislature had the courage to eliminate total immunity, replaced it with qualified immunity, and within 2 years all of the unethical GALs left the system and the good
ones who truly wanted to help children 100% of the time stayed in the system. Arizona, California, and Florida, according to an OLR Research Report, also only have qualified immunity. This means that a GAL is “only liable if their negligence was wanton, reckless, or malicious.” Within 3 years, the average length and cost of custody cases in Maryland were cut in half. So, we have valid proof of the cause and effect of implementing this change.
6) Attorneys shall be appointed for all parents during the first hearing upon DHS petition for child removal.
7) Attorneys shall be required for all termination of parental rights proceedings.
8) All parents who cannot afford an attorney will be provided with a public defender.
9) All termination of parental rights proceedings shall be jury trials.
Taking away someone’s child is the same feeling as in every parent’s worst nightmare, Kidnapping! Not even being told where he was, and every night, not knowing where he was or if he was safe. 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 son's back. Parents deserve the right to a jury trial in family court. Breaking up someone's family should not be decided by just one man.
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