Category: foster care

accountability, awareness, child, children, cps, education, families, family, foster care, government, home, law, legal, social workers
CPS v. Home Schoolers… FAQ on Dealing With School District

HOME SCHOOLING PARENTS v. CPS

Truancy laws are very often used by CPS so its a good idea to be familiar with what could happen.

If you are homeschooling in Texas, it might be a good idea to be familiar with what you could be up against when it comes to CPS and your child’s education.  Many home schoolers find themselves being accused of truancy when they are being schooled at home.

So before you find yourself being charged with Parental Failure to Abide by the Compulsory Attendance Laws, followed by Neglectful Supervision, here’s a FAQ sheet on DEALING WITH THE SCHOOL DISTRICT.

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This article is reprinted from the Handbook for Texas Home Schoolers published by the Texas Home School Coalition Association and may be copied only in its entirety, including this paragraph of credit and information. The Handbook for Texas Home Schoolers is a manual for home educators in Texas that includes information about where to find curricula; the laws in Texas; the how-to’s of home schooling; graduation; national, state, regional, and local organizations; and samples of letters referenced in this article. It can be purchased from the Texas Home School Coalition Association at PO Box 6747, Lubbock, TX 79493, for $20 (includes tax and shipping). For more information, contact the THSC Association at (806) 744-4441, staff@thsc.org, or www.thsc.org.

FREQUENTLY ASKED QUESTIONS when dealing with the school district.

  • I have decided to home school. What do I need to do? My child is enrolled in public school.

The first thing you need to do is obtain a curriculum. It is wise to find a local support group to help you set up your school.

Although you are not legally required to contact the school district, chances are very high that you will receive a visit from an attendance officer if you simply remove your child. Therefore, once you have a curriculum in hand, write the principal of the school your child attends and tell him that you are withdrawing your child to teach him at home. If the school contacts you and says that you must do more (come to the central office, fill out a form, or something else along those lines), do not go to the school. Your reply should be that if they will provide their request to you in writing, you will be glad to respond. If you receive a request of any kind, you are only required to give them a simple letter of assurance.

  • How many days per year must we have school?

The Texas Education Code requires that public schools meet 180 days per year; public school students must attend 170 days/year. This applies to public schools only. Home schools in Texas are private schools and the state of Texas does not regulate the number of days per year that private schools must be in session or the number of days a student must attend.

  • How many hours a day must we conduct school?

Home schools in Texas are private schools and are not regulated by the state. No minimum hours are required. You will probably find that your student can accomplish more work in the same period of time than public school child if for no other reason than because of not having to stand in line, wait for roll call, and the like.

  • May someone else homeschool my child?

Yes. Home schools in Texas have been determined by the Texas Supreme Court to be private schools. Private schools are not regulated by the state of Texas. There are no requirements such as teacher certification or curriculum approval. The ruling of the Leeper case states that a parent “or one standing in parental authority” may educate a child. However, if a person is teaching more than three students outside her family, she may encounter problems with local zoning ordinances, and the state may require that she be licensed for childcare.

  • May my child participate in classes at the public school?

That is a local school decision. It is possible for a public school to allow this, but it is not likely at this time. The rules are somewhat different for special needs students; check with your local district.

  • May my child participate in extracurricular activities at the public school?

At this time, a local public school could allow your child to play in the band or other such activities; however, he would not be able to take part in events sponsored by the University Interscholastic League (UIL) such as athletic competitions or band and choir contests.

  • What is the compulsory school age requirement?

A child who is age six as of September 1 of the current school year must be enrolled in school until his eighteenth birthday, unless he has graduated. 16. What about testing my child? Although the state of Texas does not require testing of private school students, many home school parents do give their children annual tests using nationally-normed achievement tests.

  • May my child go out in public during the day? What if someone questions him about why he is not in school?

Home schools in Texas are private schools. Home school parents are law-abiding citizens and should not feel the need to hide their children during the day. If someone asks you or your child why he is not in school, you should respond that you home educate and that you have already accomplished your work for the day or that you are on a school field trip. You should be aware that if your children are seen during public school hours you will generate questions. If your child is in public without you and your city has a daytime curfew, you could encounter difficulties.

  • What happens if my child wants to enter or re-enter public school?

School districts set the requirements for enrollment in their schools. This is a local decision–not one made by the state of Texas. You should check with the local school district concerning its policy regarding accepting unaccredited private school students.

  • What is required for graduation?

Home schools in Texas are private schools and not regulated by the state; therefore, just as with other private schools, home schools set their own graduation standards. There is no minimum age requirement for graduation.

  • How can my child receive a diploma?

When a student meets the requirements set by his school for graduation (see question #19), he may receive a diploma. Diplomas may be ordered from the Texas Home School Coalition Association and other sources.

  • What if I work?

Remember that home schools are private schools and there is no requirement for hours or the time when education must take place. The only requirement is that a written curriculum covering the basic areas (see question #3) must be pursued in a bona fide (not a sham) manner. Consequently, one could work and teach his child as well. While this would be difficult and take some discipline, it is certainly possible and legal.

  • Is there a recurring theme here?

The answer is “yes”! Home schools in Texas are private schools. Private schools in Texas are not regulated. Therefore, home schools in Texas are not regulated. Keep this thought central in your mind when dealing with those who want to regulate or restrict your freedom to teach your children.

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child welfare reform, foster care abuse, cps, family, foster care, system failure
Breaking The Silence – Moms Losing Child Custody To Their Batterers?

This is the program that aired on Public Television in October of 2005.

The documentary tells the stories of children who are taken away from their protective mothers.

October is domestic violence awareness month

This October –

Listen.

Breaking The Silence: Children’s Stories (BTS) chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers. In stark and often poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts. The producers approached the topic with the open mindedness and commitment to fairness that we require of our journalists. Their research was extensive and supports the conclusions drawn in the program. Funding from the Mary Kay Ash Charitable Foundation met PBS’s underwriting guidelines; the Foundation had no editorial influence on program content.

However, the program would have benefited from more in-depth treatment of the complex issues surrounding child custody and the role of family courts and most specifically the provocative topic of Parental Alienation Syndrome (PAS). Additionally, the documentary’s “first-person story telling approach” did not allow the depth of the producers’ research to be as evident to the viewer as it could have been.

PBS has received a substantial body of analysis and documentation from both supporters of the documentary and its critics.

It is clear to us that this complex and important issue would benefit from further examination. To that end, PBS will commission an hour-long documentary for that purpose. Plans call for the documentary to be produced and broadcast in Spring 2006. We expect that the hour-long treatment of the subject will allow ample opportunity for doctors, psychologists, judges, parent advocates and victims of abuse to have their perspectives shared, challenged and debated.

About The Documentary, And The Malicious Fathers’ Rights Attacks Against It

Critics of Child Abuse Film Miss the Point in Rush to Defend Fathers”. Article By Paul J. Fink, Judge Sol Gothard, and Tasha Amador. Article addresses misconceptions circulated by fathers’ rights activists about domestic violence and the documentary. In particular focuses on writings by fathers’ rights activist Glenn Sacks.

The Latest Fathers’ Rights Attack Against “Breaking The Silence: Children’s Stories. Pro-PAS nonsense masquerading as fact.

“Custody Fight”, by Bob Port. A supportive article about the documentary. (This article is also available on my blog.)

The National Organization For Women On “Breaking The Silence”. This article is also available on my blog.

Angry Fathers’ Rights Activists Vs. PBS.

Caught In The Middle: Documentary shows how kids can be pawns in abuse, custody cases”.

Press Release From Stop Family Violence .

Stop Family Violence – Petition To Air “Breaking The Silence”.

Stop Family Violence: Shocking PBS Documentary Exposes Secrets Of Family Court.

October Is Domestic Violence Awareness Month – Includes mention of “Breaking The Silence” and fathers’ rights protests.

Blogcritics: An Important Documentary – “Breaking The Silence: Children’s Stories

Blogcritics: Fathers’ Rights Activists Livid Over Airing Of “Breaking The Silence: Children’s Stories

child welfare reform, foster care abuse, cps, family, foster care, system failure
Breaking The Silence – Moms Losing Child Custody To Their Batterers?

This is the program that aired on Public Television in October of 2005.

The documentary tells the stories of children who are taken away from their protective mothers.

October is domestic violence awareness month

This October –

Listen.

Breaking The Silence: Children’s Stories (BTS) chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers. In stark and often poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts. The producers approached the topic with the open mindedness and commitment to fairness that we require of our journalists. Their research was extensive and supports the conclusions drawn in the program. Funding from the Mary Kay Ash Charitable Foundation met PBS’s underwriting guidelines; the Foundation had no editorial influence on program content.

However, the program would have benefited from more in-depth treatment of the complex issues surrounding child custody and the role of family courts and most specifically the provocative topic of Parental Alienation Syndrome (PAS). Additionally, the documentary’s “first-person story telling approach” did not allow the depth of the producers’ research to be as evident to the viewer as it could have been.

PBS has received a substantial body of analysis and documentation from both supporters of the documentary and its critics.

It is clear to us that this complex and important issue would benefit from further examination. To that end, PBS will commission an hour-long documentary for that purpose. Plans call for the documentary to be produced and broadcast in Spring 2006. We expect that the hour-long treatment of the subject will allow ample opportunity for doctors, psychologists, judges, parent advocates and victims of abuse to have their perspectives shared, challenged and debated.

About The Documentary, And The Malicious Fathers’ Rights Attacks Against It

Critics of Child Abuse Film Miss the Point in Rush to Defend Fathers”. Article By Paul J. Fink, Judge Sol Gothard, and Tasha Amador. Article addresses misconceptions circulated by fathers’ rights activists about domestic violence and the documentary. In particular focuses on writings by fathers’ rights activist Glenn Sacks.

The Latest Fathers’ Rights Attack Against “Breaking The Silence: Children’s Stories. Pro-PAS nonsense masquerading as fact.

“Custody Fight”, by Bob Port. A supportive article about the documentary. (This article is also available on my blog.)

The National Organization For Women On “Breaking The Silence”. This article is also available on my blog.

Angry Fathers’ Rights Activists Vs. PBS.

Caught In The Middle: Documentary shows how kids can be pawns in abuse, custody cases”.

Press Release From Stop Family Violence .

Stop Family Violence – Petition To Air “Breaking The Silence”.

Stop Family Violence: Shocking PBS Documentary Exposes Secrets Of Family Court.

October Is Domestic Violence Awareness Month – Includes mention of “Breaking The Silence” and fathers’ rights protests.

Blogcritics: An Important Documentary – “Breaking The Silence: Children’s Stories

Blogcritics: Fathers’ Rights Activists Livid Over Airing Of “Breaking The Silence: Children’s Stories

child welfare reform, foster care abuse, cps, family, foster care, system failure
Breaking The Silence – Moms Losing Child Custody To Their Batterers?

This is the program that aired on Public Television in October of 2005.

The documentary tells the stories of children who are taken away from their protective mothers.

October is domestic violence awareness month

This October –

Listen.

Breaking The Silence: Children’s Stories (BTS) chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers. In stark and often poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts. The producers approached the topic with the open mindedness and commitment to fairness that we require of our journalists. Their research was extensive and supports the conclusions drawn in the program. Funding from the Mary Kay Ash Charitable Foundation met PBS’s underwriting guidelines; the Foundation had no editorial influence on program content.

However, the program would have benefited from more in-depth treatment of the complex issues surrounding child custody and the role of family courts and most specifically the provocative topic of Parental Alienation Syndrome (PAS). Additionally, the documentary’s “first-person story telling approach” did not allow the depth of the producers’ research to be as evident to the viewer as it could have been.

PBS has received a substantial body of analysis and documentation from both supporters of the documentary and its critics.

It is clear to us that this complex and important issue would benefit from further examination. To that end, PBS will commission an hour-long documentary for that purpose. Plans call for the documentary to be produced and broadcast in Spring 2006. We expect that the hour-long treatment of the subject will allow ample opportunity for doctors, psychologists, judges, parent advocates and victims of abuse to have their perspectives shared, challenged and debated.

About The Documentary, And The Malicious Fathers’ Rights Attacks Against It

Critics of Child Abuse Film Miss the Point in Rush to Defend Fathers”. Article By Paul J. Fink, Judge Sol Gothard, and Tasha Amador. Article addresses misconceptions circulated by fathers’ rights activists about domestic violence and the documentary. In particular focuses on writings by fathers’ rights activist Glenn Sacks.

The Latest Fathers’ Rights Attack Against “Breaking The Silence: Children’s Stories. Pro-PAS nonsense masquerading as fact.

“Custody Fight”, by Bob Port. A supportive article about the documentary. (This article is also available on my blog.)

The National Organization For Women On “Breaking The Silence”. This article is also available on my blog.

Angry Fathers’ Rights Activists Vs. PBS.

Caught In The Middle: Documentary shows how kids can be pawns in abuse, custody cases”.

Press Release From Stop Family Violence .

Stop Family Violence – Petition To Air “Breaking The Silence”.

Stop Family Violence: Shocking PBS Documentary Exposes Secrets Of Family Court.

October Is Domestic Violence Awareness Month – Includes mention of “Breaking The Silence” and fathers’ rights protests.

Blogcritics: An Important Documentary – “Breaking The Silence: Children’s Stories

Blogcritics: Fathers’ Rights Activists Livid Over Airing Of “Breaking The Silence: Children’s Stories

child welfare reform, foster care abuse, domestic violence, education, foster care, General, government, system failure
Sect Leader’s Daughter Tells Attorney Ad Litem to Step Aside
Legal Ethics
Posted Jun 23, 2008, 07:16 am CDT

By Debra Cassens Weiss

The daughter of polygamous sect leader Warren Jeffs has told her attorney ad litem in an e-mail to step aside. She sent a copy of the missive to the Salt Lake Tribune.

The teen, 16-year-old Teresa Jeffs, told the newspaper in an interview that Texas lawyer Natalie Malonis is restricting her visits with the people who matter most in her life and has barred her from corresponding with her father, who has been jailed since 2006. The disagreement has created a rift with Malonis.

“The most help you will be to me now is for you to step aside and let me get a different lawyer that I feel like can help me,” Teresa Jeffs said in the e-mail.

Malonis has succeeded in getting a temporary order barring Teresa Jeffs from contact with Willie Jessop, a spokesman for the polygamous sect, the newspaper reports. Another hearing on the matter is scheduled for Tuesday.

Malonis told the paper she is trying to keep the girl free of outside influence. “Right now, that’s not happening,” Malonis said. “There is no question I am absolutely looking out for her. … What’s happening is really a shame because people who purport to care about her are really doing her a disservice.”

Texas law requires attorneys ad litem to represent their clients’ position in court, unless the clients are not acting in their own best interest, according to the story. Malonis has said in court papers that police believe Teresa Jeffs was spiritually married to an older man when she was 15.

child death, child welfare reform, foster care abuse, cps, domestic violence, education, family, foster care, General, government, system failure
Over 1300 online petitioners say judicial actions in FLDS case is deserving of impeachment

Click Here to view the 1385 Online Petition Signatures to Impeach Texas District Judge Barbara Walther Over FLDS Fiasco

Published by Daniel T. Weaver on Jun 01, 2008
Category: Government/Law
Region: United States of America
Target: State of Texas
Description/History:
Texas Judge Barbara Walther authorized the removal of more than 400 children from an FLDS compound in Texas and their placement in foster care.

Both an appellate court and the Texas Supreme Court have ruled that the children and parents must be reunified. Even now Judge Walther is blocking the reunification by attempting to get parents to sign agreements with Child Protective Services before they can be reunited with their children.

Barbara Walther’s actions constitute one of the greatest violation of constitutional rights in the State of Texas and she should be impeached and removed from office. This petition will be forwarded to Texas lawmakers after enough signatures are collected.

Signing this petition does not mean that you necessarily support the FLDS and their religious views.

(This petition was created by a third party who is not necessarily affiliated with nor is this petition the true reflection of the opinion of It’s Almost Tuesday – the views and opinions of this Petition is wholly its own, and independent of Its Almost Tuesday.  We are simply sharing the petition’s information for those who wish to sign it.)

Petition:

Whereas Texas 51st District Judge Barbara Walther has violated the constitutional rights of more than 400 children and their parents of the Fundamentalist Latter Day Saints Church (FLDS);

and whereas Judge Barbara Walther took an oath to defend and protect the Constitution of the United States and the Constitution of the State of Texas and has violated that oath;

and whereas both an appellate court and the Texas Supreme Court have sided with the FLDS children and their parents against Judge Barbara Walther;

and whereas the actions of Judge Barbara Walther have resulted in a great financial cost to the State of Texas and its taxpayers;

and whereas Judge Barbara Walther’s actions constitute one of the greatest violations of constitutional rights in the history of the State of Texas;

and whereas Judge Barbara Walther should have known ahead of time that what she was doing was unconstitutional, since the Island Pond Raid in the State of Vermont in 1984 was almost identical, and there are other similar cases on record where judges refused to support unconstitutional raids by Child Protective Services;

and whereas Judge Barbara Walther has impeded the reunification of parents with their children, even after the Texas Supreme Court ruled that they should be reunified;

we ask that proceedings begin immediately for the impeachment of District Judge Barbara Walther of the State of Texas.

Click Here to Sign the petition

The Impeach Texas District Judge Barbara Walther Over FLDS Fiasco petition to State of Texas was written by Daniel T. Weaver and is hosted free of charge at GoPetition.

please promote this petition

 

child death, child welfare reform, foster care abuse, cps, domestic violence, education, family, foster care, General, government, system failure
FLDS: READ THE APPEAL COURT RULING: ACTUAL COURT PAPERS

This ruling is an awesome show of the law and how it works.  CPS is rarely overturned.  In particular, to have the Third District Court of Appeals rule so specifically on the terms of what they can constitute “imminent danger” requiring the removal of a child, and also implementing the requirement to make every reasonable attempt to return the child to the home.

This is case law that I’m sure will be used throughout many cases in the future of CPS court.  This is a huge advancement for all families who have been wrongly separated by CPS who have not followed the law like they are now being forced to.  These children will surely find their way into history and law books to come and hopefully save the children of our future from suffering much the same fate.

CLICK HERE TO READ THE ACTUAL COURT

RULING OF THE TEXAS THIRD DISTRICT COURT

OF APPEALS MEMORANDUM OF LAW

FLDS vs. CPS

child welfare reform, foster care abuse, cps, education, family, foster care, government, law, system failure
FLDS: Appellate Court Rules CPS HAD NO RIGHT TO REMOVE CHILDREN

http://www.kxan.com/global/story.asp?s=8365745

AUSTIN, Texas (KXAN) — The Third Court of Appeals has ruled that Child Protective Services did not have the right to remove children from the Yearning for Zion ranch last month.

The ruling comes as a result of a document filed by Texas RioGrande Legal Aid last month. The TRLA is the largest provider of legal aid in Texas, on behalf of 48 FLDS mothers that TRLA is representing in their child custody cases.

“The way that the courts have ignored the legal rights of these mothers is ridiculous,” said TRLA attorney Julie Balovich. “It was about time a court stood up and said that was has been happening to these families is wrong.”

In the decision, the Court ruled that CPS failed to provide any evidence that the children were in imminent danger and acted hastily in removing them from their families. According to the Court, “The existence of the FLDS belief system as described by the Department’s witnesses, by itself, does not put children of FLDS parents in physical danger.”

TRLA will be holding a press conference in front of the courthouse in San Angelo Thursday at 1:30 p.m.

child death, child welfare reform, foster care abuse, cps, domestic violence, education, family, foster care, General, government, law, system failure
CPS v. FLDS: Truth v. Lies: ItsAlmostTuesday v. Media- I CALL FOR A STRIKE

I am disgusted by CPS – again. I am disgusted by the Media – again. I miss my children… again…

So, the saga continues… FLDS, CPS, ElDorado, Media, Rocky, Bullwinkle…. hrrrrm?

My day started out a little emotional with this post as I read the Dallas Morning News Opinion Blog – where Sharon Grigsby posted CPS vs FLDS: 0 for 10 yesterday and i quote:

“The Deseret News and Grits for Breakfast, among others, continue to keep close tabs on those YFZ teens that CPS claims are pregnant. Some on our staff have said they aren’t interested in my continued posts on this topic. Perhaps some readers out there are: Today’s news from the Deseret News is that it turns out no 14-year old girls were found pregnant at the YFZ Ranch during the Great Eldorado…Full Story on The Dallas Morning News:

A lawyer for a 14-year-old girl that is on a list of so-called “disputed minors” said this morning she is not pregnant as Texas child welfare authorities have alleged. “My client does not have children. (She) is not pregnant. She’s the youngest on the list of disputed minors,” said Andrea Sloan.

“The department is communicating to the public that there are 14-year olds who are pregnant,” she said. Texas Child Protective Services caseworker Ashley Kennedy said that investigations were still ongoing.

The bombshell was dropped during the hearing involving Adeline Barlow, 38, the mother of a 10-year-old and the 14-year-old.

That led to quite a discussion when Grits for Breakfast replied as follows:

Posted by Gritsforbreakfast @ 6:29 PM Wed, May 21, 2008

Your observation that “Some on our staff have said they aren’t interested in my continued posts on this topic” confirms my sense that the MSM is less interested in focusing on information that’s not full of salacious accusations against weirdo polygamists. God forbid y’all actually report the truth instead of whatever phony accusation CPS ginned up that day.Pretty amazing that your colleagues would admit it, though. The facts on which they based their opinions were invalid, but they don’t want to revisit their conclusions. I’m asking myself “Why?”, but can’t come up with a single good reason offhand besides some sort of religious bigotry. What else could possibly explain journalists’ callous indifference to truth?

Which led to other comments on DMN Opinion Blog:

Posted by Shirlee @ 6:38 PM Wed, May 21, 2008

Amen! It is very demonstrative of the media’s duplicity that these “corrections” aren’t as widely snapped up and repeated as gospel as CPS’s lies all along, such as their assertion that they were investigating sexual abuse in boys too. That was spread like wildfire through the media, with the implication that the FLDS were guilty. This turned out to be, of course, a red herring to remove attention from their other atrocities. Thanks for having the integrity to point this out.

and

Posted by Kristi @ 7:31 PM Wed, May 21, 2008

Thank you for covering this. I have a friend that keeps saying I should quit yelling their rights have been violated and read some of the books out about them and learn more about their beliefs.

WHY? Their beliefs are irrelevant as far as I am concerned. I don’t have to agree with them or disagree with them – that doesn’t matter. What matters is that people are treated humanely, and that citizen’s rights be protected. REGARDLESS of who they sleep with, or what picture hangs in their room. Jeez.

Thanks for covering this. The mainstream media is nothing but a statist mouthpiece. THey aren’t reporting because all they can do is repeat what the govt. tells them. They are afraid of real investigative journalism.

So here’s my take on it – from the perspective of a parent who has lost her child to false allegations & CPS: First I’d like to thank GritsforBreakfast and DMN Opinion Sharon Grigsby for their guts, perseverance and dedication to this story.

Doesn’t it seem eerily like the OJ Simpson Murder trial? Where everyone tuned in, it was a news sensation who-done-it, bestseller, and yet – in the mix – people forgot about Nicole & Ron, the REAL PEOPLE who were brutally murdered in an act that was not from a movie script, but from domestic violence.

These are children. These are mothers.

These are people who do not live like “normal society” – and this is their lives.

In a letter from a former FLDS member, dan fischer, to the parents involved in these proceedings, one of the things he talks about is the way these families lived, and the way these women lived as mothers. They do not have television, friends, movies or dinners out, or clubs or dancing or even pictures hanging on their walls. They have their children. Their children have their mothers. These children, if they get an education, it is not like they would get in public school. It is a different lifestyle, belief, way of thinking and living. Is it wrong? Who’s to say? IT IS ALL THEY KNOW. To say that they will need psychological therapy is an understatement. These families are forever changed. The children are no longer innocent at all, secure, or stable. They are forever altered.

Imagine today, someone comes into your office, takes your computers, your pictures, your children, friends, families, etc., and says “EVERYTHING YOU ARE DOING IS NOT NORMAL AND YOU ARE GOING TO BE RIPPED APART AND IMPRISONED FOR IT” and you just thought that’s the way things were in life … you were behaving as “normal” and someone comes and rips it all to pieces – because we forget that ‘normal’ is a perspective….

You can’t imagine it – I know I can’t… tho’ I can try. Day to day routine & what you know is based on your experiences, surroundings, teachings, and perspective. Duh… right? Now – how does that tie into the law? How does that relate to the system?

There’s the debate. But wait a minute – the children…. aren’t they the MOST IMPORTANT PART OF ALL OF THIS? Remember the children are no longer protected by the sect and their ‘no television’ rules. They are thrown into “normal’ society – for the first time – So they get their first taste of ‘normalcy’ in a place where children are 11 times more likely to be abused than at their natural home? These are children being introduced to society In a place where anger and rage and social workers and doctors and lawyers and psychotropic medications and abuse and lies and faces change and confusion and more abuse and more rage and new foster mothers and new foster fathers and new schools and new kids and danger and fear and confusion fear confusion confusion…. COME ON THESE ARE CHILDREN!

I am a mother first and foremost, and an advocate for children & families. I fight against pedophiles, crooked CPS workers, and system failures within our government. BUT WHAT THE HELL ARE THEY DOING TO THESE CHILDREN?

As a Mother having gone through this CPS involvement and false allegation thing, I want to say this:

– I know that if I had the media reporting lies & making my case into a rumor-filled-gossip office-watercooler-coffee-break discussion, I probably wouldn’t be here typing this blog post right now. I’d be dead, because I would have committed suicide at least 10 times over from the pain and humiliation and suffering that I ALREADY HAD GOING ON added to that media cherry to the top of the rumor cake. No way. I wouldn’t have made it. I do not speak lightly when I say that. I would not be here. My heart goes out to the mothers and children.

As an Advocate-Paralegal who fights against pedophiles, child abusers, and government system failures – I say this:

Lets suppose a 14 year old gets married to an adult… is the sex still considered pedophilia? If a parent ‘consents’ to marry away the child to their sex partner can they essentially thwart the law? What if that marriage – which makes it legal – is forced …. in the name of ‘consent’ but the child never speaks up… or doesn’t know better..?

Child abuse is child abuse. A child has the right to live an abuse-free life. So then, let’s define abuse….Spanking on the butt? To some – yes. To others – no… Some say “Discipline all children with the rod or the child will be unruly” – Others say “Corporal punishment of any kind is abuse…”

Some say keeping these children apart from mainstream society without the ability to choose for themselves whether or not to watch TV or whether or not to go to public school, is abuse;While to others, its a NORMAL WAY OF LIFE.

Go to college v. get a job ? Dog v. cat ? Toilet paper – put it on the roll with the pull side up? Or down?

We could argue all day long as to who is living right or who is living wrong. We could argue all day about whether or not its abusive to live in a sect or abusive to allow no religious teachings in a family.

But we cannot argue truth vs. lie.

We cannot argue the difference between fact or fiction – perjury – telling the truth in the court of law v. falsifying evidence.

WE CANNOT DEBATE WHETHER CPS WORKERS SHOULD OR SHOULD NOT LIE ABOUT THE CHILDREN AND FAMILIES THEY ARE INVESTIGATING…

IT IS NOT OKAY TO LIE ABOUT THE FACTS OF A CASE

IT IS NOT OKAY TO REPORT LIES IF YOU ARE REPORTING THE NEWS

IF YOU KNOW SOMETHING IS NOT TRUE IT IS NOT OKAY TO ADD TO THE PROPOGANDA BY TELLING THE LIE AGAIN AND AGAIN WHEN IT COMES TO REAL PEOPLE’S LIVES & THE EFFECTS IT WILL HAVE ON FAMILIES (isn’t that right Nicole, Ron?)

While everyone has an opinion, not everyone has a child.

Not everyone has a family or a family problem with CPS.

Not everyone has abuse issues in their lives, or conflicts to deal with, or a religious leader telling them one thing with a government telling them another with media saying something else with people giving opinions and everything they know being taken away, and not everyone understands what is involved in a case unless you go through it yourself.

It isn’t an easy thing to deal with when you live in mainstream society I CANNOT IMAGINE that happening to me if I lived in a removed, isolated, lifestyle like FLDS mothers, and I HAVE BEEN THROUGH IT – So if I can’t imagine it, knowing what I know, I KNOW there are most people out there who have no idea what they are talking about.

But everyone has an opinion. So, here’s mine –

I ONLY WISH I HAD THE NEWS REPORTING AND WATCHING OVER MY CASE THIS WAY WHEN I LOST MY LITTLE BOY –

Maybe then I wouldn’t have scars on my arm from my suicide attempts and the tears that fall when I post this – feeling the shame as I still write, admitting it, for the sake of children I don’t know.

If I had this kind of attention to my case, I might have back the years I lost, and the many more to come since my case caused me such despair because I WAS LIED ABOUT BY CPS TOO. Maybe I wouldn’t have lost everything I owned, friends of 20 years and my children.

Maybe my family members that I don’t see or speak to anymore would be over this weekend with my children who are not in my life anymore and we’d laugh together instead of yearning for my children & family back.

Maybe if I had someone to blog about me and my case when my son was forcibly removed and traumatized I wouldn’t have these nightmares about seeing him beaten & drugged in foster care, & the LIES BY CPS WORKERS and GAG ORDERS that made it okay to hurt my child and destroy me so a pedophile could get his revenge – finally – against me – for leaving him and trying to protect my child… REALLY protect my child….

That’s not news. That’s a life. That’s my life. My son’s life. That’s their life & their children’s lives in ElDorado. That’s the lives of your children AND mine, and unless you’ve been through this kind of horrible thing, you just may not understand.

I pray you never do understand -But for cryin’ out loud – tell the truth…. whether you’re reporting on it, or working on the case, or just talking about it to your neighbors.

If mainstream media entertainment “sells” more newspapers based on CPS LYING ABOUT THESE FAMILIES…. I URGE ALL OF YOU TO JOIN IN A STRIKE.

RIGHT NOW I URGE US ALL TO STRIKE AGAINST ANY NEWS REPORTING AGENCY, BLOG, NEWSPAPER, MAGAZINE OR OTHER NEWS/MEDIA SOURCE WHO KNOWINGLY MISREPORTS ELDORADO OR FLDS FACTS & WHO ASSISTS IN SPREADING CPS’ LIES OR WHO FAILS TO CORRECT ANY MISSTATED FACTS OF ANY FLDS/ELDORADO CHILD WHO IS GOING THROUGH THIS TRAGEDY IN THEIR FAMILY.

IF WE ALLOW CPS TO LIE ABOUT A FAMILY & CALL IT ‘NEWSWORTHY’ THEN WE ARE ALSO CHILD ABUSERS WHO SHOULD BE PUNISHED ACCORDINGLY IF WE ARE TO DO RIGHT BY THE CHILDREN. NO FAMILY DESERVES SUCH ABUSE & ATROCITY NO MATTER WHAT THEIR BELIEFS MAY BE – NO MATTER WHAT LIFESTYLE THEY LIVE.

SHOW THE TRUTH WHEN IT IS REVEALED OR BE JUDGED ALL THE SAME. TRUTH IS TRUTH. REPORT IT TRUTHFULLY OR SHUT UP. TRUTH IS TRUTH.

Please. For the sake of these families.

There’s no question about the integrity of truth v. lie ….

just like you can’t be ‘kinda pregnant’….

Because the swing of every pendulum brings with it potential adverse consequences, it is important to emphasize that in the area of child abuse, as with the investigation and prosecution of all crimes, the state is constrained by the substantive and procedural guarantees of the Constitution. The fact that the suspected crime may be heinous – whether it involves children or adults – does not provide cause for the state to ignore the rights of the accused or any other parties. Otherwise, serious injustices may result. Syl.Pt.3,WALLIS v. SPENCER, 202 F.3d 1126(9th Cir. 2000)

child welfare reform, foster care abuse, cps, family, foster care, government, system failure
Checking In: Violations in Texas Foster Care

Below I have compiled a sample of real violations within the foster care system in Texas. These facilities are in major metropolitan areas (ie Dallas/Ft.Worth, Austin, San Antonio areas) and they are listed here exactly as they are reported here by the Texas Department of Family and Protective Services.

While we talk about foster care abuse that goes on, there is a little bit of a difference between saying the words “child abuse” and actually seeing a description of what real adults are doing (or not doing) to these children…. in the name of ‘protection’… and using tax payers money to-boot.

I plan on doing lists like these every once in a while… keep us checking in on Texas Foster Care facilities… checkin’ in on the children.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother’s office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description:Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline – Not be Physically

Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline – Consistent with

Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline – Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to ensure each child’s safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child’s safety in the home.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother’s office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description: Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102 Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline – Not be Physically

Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline – Consistent with Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline – Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to ensure each child’s safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child’s safety in the home.

Standard Number: 749.2593(a)(5)

Standard Description: Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver’s ability to supervise

Technical Assistance Given: No

Narrative Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description: Physical Environment-foster home must

ensure that flammable or poisonous substances are stored out of the

reach of children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents’ bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child’s safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother’s office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description:

Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline – Not be Physically or Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline -Consistent with Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline – Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to

ensure each child’s safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child’s safety in the home.

Standard Number: 749.2593(a)(5)

Standard Description:

Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver’s ability to supervise

Technical Assistance Given: No

Narrative

Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description:Physical Environment-foster home must ensure

that flammable or poisonous substances are stored out of the reach of

children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents’ bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child’s safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.

Standard Number: 749.2593(a)(5)

Standard Description:

Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver’s ability to supervise

Technical Assistance Given: No

Narrative

Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description:

Physical Environment-foster home must ensure that flammable

or poisonous substances are stored out of the reach of children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents’ bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child’s safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.