You can study and know the laws inside out and it won't do you any good. I went to a Family Team Decision Meeting for my two grandsons who live in a perfectly fine home. There are no problems and no need for CPS involvement. (The father of the 10 year old has been trying to get custody and that did not work out for him, thus CPS involvement. ) The meeting was brought to an abrupt halt with these words from the "facilitator," Jackie ____:"We have a mother and a grandmother here quoting manuals and trying to assert their rights and we're not going to have it!" With that, she informed us that a Child Protection Team Meeting had already been scheduled to decide on placement of the children. So much for knowing the laws....
Saturday, September 19, 2009
Can You Know Too Much?
This reader reports what happens when you study up on your rights:
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10 comments:
And this is all in the best interest or for the sole benefit of the child(ren)?
The 10th Circuit Court just ruled against a mom being paid from a special needs trust for caring for her son who was injured in a auto accident. The court sees this as her duty, no pay should be given. Medicaid was denied because the special needs trust also helped to pay for the home in which the young man lives with his parents because this wasn't for the sole purpose of the child.
I guess parents that want to keep their children with them are not solely benefitting the child either.
It is true, you can have the same training and know just as much as the people fighting against you. If you are not accepted in their group they will do all they can to discredit you. The judges are usually part of the training of the professionals that become involved. It is no wonder why the courts support this behavior.
It doesn't end with children either, the elderly are also under attack.
Our current system of protections for vulnerable populations needs a complete overhaul.
Thank you, Senator Roach, for attempting to change a corrupt industry.
I sleep a little better at night knowing you truly care.
This is an important post. Legislators in other jurisdictions have tried to correct problems by enacting new rules (as statutes) to be followed by the child protectors. The result in many cases has been that the social service agencies ignore the new laws, except for some formal level of compliance. For example, Arizona enacted a law requiring full disclosure of the case files of deceased foster children, yet a newspaper reporter, Laurie Roberts, was unable to get more than a one sentence report.
The power of these people does not come from statutes, but appropriations. Until legislators are willing to curtail the appropriations, there will be no effective reform of child protectors.
Robert T McQuaid
Mattawa Ontario Canada
Anytime you know more than them, and use that knowledge, you will be taken out. It's a terrible system.
I think too many people try to work within the confines of the agency and I am becoming more convinced that not only should we not work with the agency, but everything we do should be straight through the courts and demand accountability of the courts. I have heard from too many grandparents over the last two years that tried to work with the agency and then felt trapped by their decisions. We are not trapped by their decisions - they want us to think we are. Grandparents MUST go through the courts to find relief right from the beginning.
The question I have and it is a pretty good one, is what do we even need judges for if all they are going to do is get their seat sweaty, do absolutely no critical thinking whatsoever, get spoonfed info by the department and just sign their name to it? I think it is just plain laziness if you ask me, and it needs to stop.
In Thurston County, I have personally observed CPS "judge shop" and I know why they pick certain judges because they will NEVER rule against them. The problem with that is, you can't vote them out if nobody runs against them. They have immunity, they can't be voted out, and the CJC is just an extension of that injustice. If you look at the goings on in the CJC, you will see certain judges participating regularly in their activities. With the "good ol' judges" club, they will not rule against their own in certain cases. This has become a real racket I tell ya.
Here is an excellent article on casework as it pertains to relative placement. All the mentioned characteristis of casework are what is missing in many counties and offices.
http://www.dhs.state.mn.us/main/groups/children/documents/pub/dhs16_138974.pdf
"Rule them in before you rule them out: Relatives are seen as partners rather than problems, even when they are less than delighted to hear from the state. Ambivalence, resistance and/or hostility are not seen as immediate reasons to rule them out. There isn’t an either-or attitude, either you take this child now, or we will rule you out forever."
LAW!!! THERE ARE NO LAWS WHEN IT COMES TO CPS, NOR WITH THE COURTS IN WHICH THEY OPERATE! ALTHOUGH YOU ARE BASHED AND LIED ABOUT IN COURT, YOU ARE NOT ALLOWED TO DEFEND YOURSELF! I'M SORRY, BUT I THOUGHT I WAS AN AMERICIAN WITH CONSTITUTIONAL RIGHTS? IF I AM BEING SLANDERED IN A COURT OF "LAW". I AS A U.S. CITIZAN HAVE THE RIGHT TO DEFEND MYSELF. BUT! NOT IN A DEPENDANCY COURT. IT'S STILL A COURT OF LAW, RIGHT? THIS IS WHY THE LAWS NEED TO BE CHANGED SO THAT IMEDIATE FAMILY INCLUDING GRANDPARENTS HAVE RIGHTS WITHIN A DEPENDANCY CASE. CPS, AG'S, CASA'S WILL HAVE TO RE-THINK THE LIES THEY USE TO DESTROY FAMILIES NOW THAT THE FAMILIES HAVE A VOICE. WHEN WE WENT THROUGH THIS MESS, THE STATE, SOCIAL WORKER, AND ESPECIALLY THE CASA DEPT. TOLD THE JUDGE THAT I HAD A VIOLENT CRIMINAL RECORD! AND AFTER TWO LOCAL, STATE, AND FEDERAL BACKROUND CHECKS THEY FOUND "NOTHING" ON MY RECORD! BUT, SINCE I WAS "NOT" ALLOWED TO SPEAK IN COURT, THE JUDGE LOOKED DOWN ON ME LIKE I WAS TRASH! EVERYBODY NEEDS TO PAY CLOSE ATTENTION THIS SESSION AND LOOK AT WHATS BEING INTRODUCED INTO LAW. IT'S VERY IMPORTANT, ESPECIALLY TO OUR CHILDREN THAT CPS IS STEALING FROM US.
What can anyone do when there is a Judge not following the laws? In the case of Poca, it is very clear that it wasn`t only the dept. that retaliated against the Langleys but also the Judge when the media attention started. People don`t get the media involved just to bring attention to themselves, not in the Langleys case anyway. They have been trying to get the story out because of such an injustice being done to the child they love. Anyone who`s followed Poca`s story has heard the Judge`s name and since their story aired, I`ve talked with many others who have gone in front of this same Judge. We also went in front of her. The only side she had any interest in listening to was the State`s side even though there was evidence on our side that the dept. was lying. We had the parents attorneys speaking up in favor of the child being with us so I don`t think it would have mattered if we were able to speak in court. The judge was yelling at the State`s side for over an hour because they had no proof of anything then the judge called a 10 minute recess. Everything seemed to be going well. As soon as we went back to the courtroom, the judge ordered the child removed. If the Judge were following the laws, the child would still be with us.
Pam,
I have left many comments- none of them published on the site. This will be my last comment.
I have court on the 28th. I have battled the state for my 3 kids for 2 years. I cannot go on this way, neither can the kids. I wanted you and your readers to know what I will be stating to the court. This is my statement.
Your honor for 2 years you have been given the power to do what is considered the best interest of my children. I feel you have failed them. Today it is not your decision but mine that will ensure that they are safe and cared for the way they should be. I am relinquishing them to the care of their current foster-adopt parents.
It is in their best interest to not be separated or moved anymore. And to ensure that you and the department do not continue on the path of destruction in their lives I have made this painful decision.
Today you, the department and the AG will not win.
Love wins. My children win.
Thank you.
( please keep these kids me in your prayers. Even though I have not attached a name, the good lord knows who I am.)
I encourage everyone who can to attend the committee meeting on Oct 1, 2009 at 6 pm. It is the Children's Legislative Oversight Committee and it is about 2 SHB 2106. Big changes are coming down the pike and one that is important to grandparents and extended family is the following terms:character, suitability, and competence
These are fairly new legal terms and I recently was evaluated under those guidelines which I do not think have been completely determined yet by another division in DSHS. Everyone who wants a child is going to be evaluated under these terms unless, of course, they are fosters. Now here are the big questions: 1. What is their idea of character and how picky is that going to get 2. suitability Who is going to decide that and by what criteria 3. competence: At what point is someone competent vs incompetent See, here we go again with subjective terms that are directly dependent on the values of the worker.
Then, you can know too much in the eyes of certain people...which can get you threats of harm or a wrongful death.
Where do all the missing John and Jane Does go?
And, I guess those people would consider themselves lucky if it were a mere getting falsely accused for something that leads to wrongfully being arrested and jailed.
Still, knowing as much as possible is STILL POWER...exercising great wisdom to know how to handle that power is the trick.
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