Take Away Child Protective Services Ability to "Substantiate" Allegations
Take Away Child Protective Services Ability to "Substantiate" Allegations
Why this petition matters
The Universal Declaration of Human Rights: Article 11 of the document says: “Everyone charged with a penal offense has the right to be presumed innocent until proven guilty”
Presumption of innocence:
A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.
Section 2938.08 - Ohio Revised Code:
A defendant in a criminal action is presumed to be innocent until he is proved guilty of the offense charged, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted
Section 2901.05 - Burden of proof - reasonable doubt:
(A) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution.
For Decades, Child Protective Services functions to investigate Allegations of physical, medical, sexual, and emotional abuse along with neglect. However, Child Protective Services has also been given too much power, as they can "substantiate" an Allegation of physical, medical, sexual, and emotional abuse or neglect without providing the person they substantiated the claim against with any physical evidence that the allegation should be "substantiated". On a daily basis, grievances are filed for CPS's false allegations being substantiated, and weeks later pretty much every parent or guardian is denied a reinvestigation of these "Substantiated" allegations. These "Substantiated" Allegations are then turned around and used in Family and Juvenile Court as a way to make the excuse that a child should not be with their family members or parents. This happens a lot in not only dependency cases but also cases where CPS convinces a judge to terminate a parent's rights without anything more than a claim from them that there is an "alleged" "Substantiated" by the agency of a claim of abuse or neglect. More often than not, you'll find that Child Protective Services "Substantiated" allegation of abuse or neglect was never investigated by Law Enforcement, no charges were ever pressed against the parents or guardians, (and if charges were pressed that they were dismissed or found not guilty) and that CPS has no actual evidence to "substantiate" the claim of abuse or neglect. You'll also find in almost every single Juvenile and Family Court Case that CPS never showed evidence as to these "substantiated" allegations, and only made the claim that they existed. They showed no evidence that they had any evidence or even reason to deem the allegation "Substantiated" but you'll also find hundreds of Court Cases across Ohio, and several thousand across the US, where Parental Rights were stripped or Custody was taken away from parents due to "Substantiated" allegations of abuse and neglect that did not result in a Criminal Conviction, a Law enforcement investigation, or actually had any evidence shown by CPS that they had any right or reason to "Substantiate" such allegation. What even gives CPS the right to "Substantiate" an allegation of abuse or neglect?
Substantiated report means that the commissioner or the commissioner's designee has determined after an investigation that a report is based upon accurate and reliable information that would lead a reasonable person to believe that the child has been abused or neglected. - Definition by Law Insider.
There is NO LAW that states the requirements for a "substantiated" allegation.
Under Rule 5101:2-1-01 | Children services definitions of terms of the ORC code:
(310) "Substantiated report" means the report disposition in which there is an admission of child abuse or neglect by the person(s) responsible; an adjudication of child abuse or neglect; or other forms of confirmation deemed valid by the PCSA.
What? did you read that right? In Ohio, if they say a report is substantiated in court, the definition is that the parent or person accused admitted to it OR by forms of confirmation CPS deems valid. So, if that is true, how come there are HUNDREDS of child abuse and neglect reports "Substantiated" when the parent or person accused did not admit to it? Where is the evidence? How can they "Substantiate" a report then, if there was not only no evidence of the allegation being true but the person accused did not admit to it? Welcome to the CPS Corruption World. By their own law definition, when they say they have a substantiated report against you, they're saying you admitted to it or they deemed it valid. Now, let's say for a moment that the person really did admit to it, don't you think if that was true, Law Enforcement would have gotten involved? An investigation would have been done? Charges would have been pressed? And where is the evidence that the person admitted to it? Let's say they had a reason to validate it, the same thing applies. These people are literally running around deeming that people are "substantiated" of abuse and neglect showing no evidence, and under their own definition saying that allegedly you, the parent or guardian, admitted it to the court or that they have a valid reason to validate it dictated by their own standards. Yet the court never asks you if you admitted to it, they never once ask for any evidence of it being true from CPS either. The Court never asks for the evidence that CPS used to validate "Substantiating" the report. So with no evidence, a CPS worker going into court saying the allegation is substantiated is them literally saying that you, the parent or guardian or "perpetrator" admitted it with no evidence of that admission OR that they had a valid reason to substantiate it but they show no evidence to validate the "substantiated" report and legally they don't have to because under the Ohio Rule it is "other forms of confirmation deemed valid by the PCSA". Yet there are no laws defining what legally deems a report substantiated and they literally are legally allowed to substantiate an allegation just because they feel like it or want to with no laws stating they have to justify the "Substantiated" report. That is literally the definition of hearsay under the Ohio Evidence Rules. CPS shows NO PROOF of abuse or neglect, they show NO EVIDENCE proving that they even have a reason to suspect it or substantiate it, yet they claim the report/allegation is "Substantiated" but by definition that means they are claiming that the person substantiated for the allegation admitted it or they have evidence to "Substantiate" it is true when more times in not parents spend hundreds of thousands of dollars, and hundreds of hours in court fighting for their children against false "substantiated" CPS allegations which are literally hearsay under Ohio Revised Code Rules of Evidence unless they show valid proof that they had the right to "substantiate" the report, but we all know they don't ever show the evidence or defend their reason for "Substantiating" the report.
To top of that load of bullshit, there is the fact that almost every "Substantiated" allegation has not been investigated by law enforcement, and almost every "Substantiated" allegation has never been reported by CPS to law enforcement for investigation. Let's not forget almost every single "Substantiated" allegation has not resulted in criminal charges, and the ones that did usually never end up going to trial (dismissed due to lack of evidence, no evidence, or false charge) or end up with a conviction.
This is why the law needs to change.
We demand a law that no allegation of abuse or neglect can be "Substantiated" by Child Protective Services UNLESS there is a Criminal Conviction of the abuse or neglect on the perpetrator of the "alleged report of abuse or neglect" that Child Protective Services is trying to "Substantiate".
The Law is clear, you are innocent until proven guilty in a court of law.
Under Ohio Law "A defendant in a criminal action is presumed to be innocent until he is proved guilty of the offense" Child Abuse & Neglect are violations of Ohio Law, and because of this, CPS should not hold the right over anyone to "Substantiate" a claim of Abuse or Neglect against anyone who was not convicted of that crime of abuse or neglect in a court of law. CPS "Substantiating" a claim of abuse or neglect without a criminal conviction is legally hearsay by the Ohio Rule 5101:2-1-01 | Children services definitions of terms of the ORC code:
"(310) "Substantiated report" means the report disposition in which there is an admission of child abuse or neglect by the person(s) responsible; an adjudication of child abuse or neglect; or other forms of confirmation deemed valid by the PCSA"
This means that hearsay by CPS has been used over and over in Family and Juvenile Court to ILLEGALLY steal our children every time they claim a report is "substantiated" but show no proof that the person admitted to the offense of abuse or neglect and no evidence proving that the report should legally be substantiated. All because we have no laws defining what it legally takes for a report to be "substantiated" and they are allowed to deem it valid for any reason they want to, including to steal custody of our children from us when our children weren't actually abused or neglected. Our children are legally stolen by illegal claims of hearsay under the fancy CPS term "Substantiated Allegation" every day in Family & Juvenile Court and we demand a law preventing Child Protective Services from being legally allowed to "Substantiate" or make the claim of a "Substantiated" report of child abuse or neglect without the "Alleged Perpetrator" being convicted of the crime in a court of law.
We demand a law be put into place that NO allegation of abuse or neglect can be "Substantiated" by Child Protective Services UNLESS there is a Criminal Conviction of the abuse or neglect on the "alleged perpetrator" of the "alleged report of abuse or neglect" that Child Protective Services is trying to "Substantiate". If there is no criminal conviction, there is not enough evidence for CPS to "Substantiate" a report of abuse or neglect.