I want to hear from you. Do you think the right thing was done in removing all of the children from the compound and placing them in foster care? Or do you think the social workers were overzealous in their decision?
Please send in your comments and let us know what you think.
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Personally, I am torn. My kids are in foster care because of false allegations made by their father. I go to court tomorrow because my ex- is in jail [$40,000 bond] for doing the very thing he accused me of all these years, child abuse. I go to court to try and gain custody. My kids in foster care call me sobbing, begging me to get them back home. Yet, the court is so turned against me, only true prayer will break this stronghold.
My story is here: myspace.com/kandray
Now, about these parents…I can’t stand the thought of another person going through the pain I have gone through of losing their children.
I sometimes think the Gov’t bullies their way in because they can. Why didn’t they take the men accused of abuse and then talk with the children in their home setting?
This was suggested by a child svs worker on the news and I agree.
I am sure there were less than 400+ men to take away.
Thank you for your comment.
First let me say its unfortunate (for lack of better terms) that this tragedy is our common tie that binds. I will send my prayers and best wishes for your children’s safety as they are away from home, and I hope they are healthy and safe.
To answer your question, there are several reasons the social workers do not remove the accused abusers and interview the child(ren) in the home. CPS receives a referral. This is not proof of abuse, or anything more than a tip. An anonymous stranger pulling a name out of a phone book, calling CPS on a prank call and making a referral claiming abuse is no more worthy of a referral made by a babysitter who calls CPS telling them she saw a child being absed – both need to be investigated. Until the investigation is complete and a determination is made there is no legal authority given to a social worker to enter the home, or other private property to interview a child. Thats a violation of the rights to privacy, which includes the protection we have under the Constitution against illegal search and seizure.
It is no different than a police officer who cannot just walk in your front door and search your home without first getting a warrant.
The men (or women) accused of child abuse are simply accused, they must be placed under a warrant for arrest after an investigation and probable cause before they can be forcibly removed from their home, and interrogated. Until arrested, they have the right to not give any social worker the time of day.
When a social worker is ‘interviewing children’ or ‘talking to the men, women, neighbors, etc.”, they are trying to gather the evidence they need (because they do not have it yet) to substantiate a referral for child abuse that could be true or could be as ridiculous as a prank call. When you have overzealous social workers who have a personal agenda that deviates from morale, or who is angry at a child’s parent, or who is overworked, underpaid, or whatever reason, that leads that social worker to feel a vendetta against a certain family, those are the ones that twist words, manipulate scenerios, and create substantiated abuse where there might otherwise not exist any.
They must come to one of three possible determinations: RULED OUT (abuse or neglect did not occur), REASON TO BELIEVE (evidence exists to cause them to believe that abuse or neglect did, in fact, occur) or UNABLE TO DETERMINE (not enough evidence exists in order to know whether or not abuse or neglect occured).
The corruption in CPS has begun to gain public attention and scrutiny; parents are starting to stand up for their rights, and not allow these social workers into their homes. They tell them no, they cannot interview their children. Social workers must get around this obstacle, and by talking to the children at school, they bypass the hurdle of illegal search and seizure. A school is not protected by the Sixth Amendment in the same way a child’s home is. Thats why so many children are interviewed at school.
A social worker is a government worker. Just like a policeman, sheriff, FBI agent, etc. That means the social worker cannot just march right in your home and start rummaging through your life. But do you think that social worker is going to tell you that? Why would she (he?) ? It would make for more work and create a difficult day at work of having to find the probable cause necessary in order to obtain a warrant. When that frustration exists and deadlines are lingering, and pressure is high because the case load has become unmanageable, what does a social worker do when she sees her coworkers and peers bending the rules, re-wording the truth, and taking things out of perspective just enough in order to get what she needs to do the job at hand as quickly as possible to get on with the next case? There are so many cases – the chances of that little white lie being caught and actually held accountable for, is practically nonexistent.
The chances of finding true accountability in CPS is about the same chance of being able to catch fish in your bathtub. Maybe a little bit better, but not much.
I am going to make a post of information from
http://kidjacked.com/adoption/gravelle/discipline.asp#clarification
That site clarifies the most commonly broken laws and regulations that many unsuspecting parents don’t realise until its too late and their children are gone.
If nobody talked to CPS, they would not gather their evidence needed to remove the child when that child is not in imminent danger.
I do want to note that laws in each state are different and the laws apply accordingly.
I am not a lawyer, and Its Almost Tuesday is not designed as a legal site giving legal advice. If you are seeking legal advice, you need to consult an attorney which is highly recommended if you have a CPS case in your life. This site contains information I collect and opinions or advice derived from my knowledge gained from my personal experience. That is frontline hands-on training in the hardest most tragic and difficult endeavor imaginable. The war of my life.
Nobody knows, until they are in this situation, what it really means. The only thing greater than the love I have for my child is the pain of losing him.
Nobody wants to know that.
My best friend, of 20 years, who was with me every step of the way, knows my case inside and out, has comforted my many tears and picked me up each time i fell down and forced me to pick the towel back up after
I’ve thrown it down and given up, says to me, “Despite all of that, I cannot imagine what you’ve gone through, I just can’t imagine it… and I was there with you ….”
Its such a horrible conflict to wish for someone else to understand what you are going through, what its done to you, but at the same time, in order to understand you, they have to go through something you wouldn’t wish on anyone.
So, from one mother to another – putting aside the advocacy of running this blog –
I want to say to you – hang in there – be strong – and NEVER GIVE UP THE FIGHT FOR YOUR CHILDREN.
They need you. As hard as it is on you, imagine being a child…
… yes, I know you can’t imagine being a child in this – they’ll tell you that one day… so the best you can do is just don’t give up on them, no matter what…. and if you do give up, its okay, just get back to it… somehow…
I gave up countless times… and came back and give up and come back… I still do… I will forever in the hurt … but I’ll always come back…I’m a mother whose child was wrongly removed and still hasn’t come home….)
I wish you all the strength you need to make it through this life battle that means more than anything you will ever know in your life from here on out.
Godspeed.
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