Category: system failure children

abuse, accountability, child death, child welfare reform, foster care abuse, cps, death, family, foster care, foster child, foster home, foster parent, social services, system failure, system failure children
MURDERED TWO YEAR OLD WAS BEING “PROTECTED” BY CPS FROM HER POT-SMOKING (“Midnight Toking”) DAD

… Another baby protected to death while in the governments’ care…
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A loving father lost custody of his little girl last November in Austin, Tx, after he admitted to.smoking marijuana at night after he put his child down for bedtime.

The precious little girl was not ill, or harmed by her fathers nightcap, nor was she exposed to the marijuana he smoked, yet this loving parent had his two year old baby girl taken by CPS and placed in foster care last fall.

At visits, the father noticed bruises on his daughter, and voiced his concerns for the welfare of his little girl at the foster home she’d been placed in. Those concerns went ignored by CPS.

Now this beautiful baby girl was MURDERED in foster care by an abusive foster mom who was in it for the money! Below is an article where the woman admits, after changing her story a few times, that she slammed the little two year old girl down on her head at least two times before losing her grip the third time, dropping the girl on her head. Causing her death.

The foster mother was angry at the little girl for waking up hungry and getting herself something to eat and some water to drink out of the kitchen. So she killed her.

This child was removed from her natural home because of a father’s recreational marijuana use. The same natural herb that is rapidly being decriminalized in many other U.S. states!! Really.

As an advocate for the foster children and families torn apart wrongly by the system, I have stated before, my stance, on the issue of drug use and CPS. I strongly believe that absent evidence of abuse or neglect, and absent injury or harm to the child,there should be no reason for the removal of that child from their natural home solely because of a parents’ drug use and/or drug addiction particularly if there is no reason to believe that the drug was never used in the presence of the child. If the use of the marijuana was kept outside the child’s awareness, smoked after bedtime, I do not agree with the removal of that child solely due to that recreational marijuana use if it truly had no deleterious effect on the child, and where there is no other sign of abuse or neglect, and no injury to the child!

If the social worker truly believes a parent has a drug problem.. there are plenty of outpatient rehabilitation programs available for the parent to receive help that the CPS worker could refer the parent to, while keeping the family unit in-tact.

Had an approach such a that been utilized in this situation, this baby girl would not have suffered abuse by the FOSTER PARENT and would not have been brutally and senselessly murdered! I also question the worker monitoring the visits who failed to investigate the signs of abuse that the father pointed out with obvious concern. What happened there?
What this is .. is a child welfare system failure at its worst!

I hope this case grinds deep into the minds of every cps worker. I hope this reminds them to rethink when they begin to needlessly remove a child from an abuse-free/neglect-free home where other in-home services are available.

CHILDREN ARE NOT A SOURCE OF INCOME …. THIS WOMAN, when convicted (seems inevitable since she’s already confessed though, technically, she is still innocent til proven guilty in the court of law) (supposedly) SHE DESERVES  DEATH…(and in my opinion,a slow painful death)

It should be recorded and televised for foster parents to-be to watch in training class. Then maybe the “monsters to-be” who are getting into foster parenting to “earn an income” like this monster did.. will reconsider fostering and go get a JOB away from our children if they saw something REAL AND JUST being done about those who abuse and kill foster children!

God be with this baby girls’ family in this time of grief.

I hope this tragic loss changes something in the system, for change is so drastically needed.

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May this little girls death not be in vain.

ROCKDALE POLICE: FOSTER MOTHER ADMITS SHE SLAMMED TWO YEAR OLD FOSTER CHILD ON HER HEAD

by ASHLEY GOUDEAU / KVUE News and Photojournalist ERIN COKER Bio | Email | Follow: @AshleyG_KVUE

ROCKDALE, Texas — Tucked away behind the trees in Rockdale, Texas is a normally quiet neighborhood, but the peace has been shattered.

“It shocked me. It really did,” said Lois Rash, who lives in Rockdale.

“It’s a shame. Never should have happened,” added neighbor Larry McAdams.

Their neighbor, 54-year-old Sherill Small is now charged with the murder of her foster daughter Alexandria Hill, better known as Alex.

Monday night, police, fire and EMS crews were called out to the Small home. Small, who was the only person home at the time, called and said the two-year-old wasn’t breathing.

Alex was taken to the hospital, then airlifted to the children’s hospital in Temple. Alex’s biological parents rushed to her side.

“When I got there, it was about 1:00 in the morning and I found out that Alex was in a coma,” said her father Joshua Hill.

Wednesday night Hill and Alex’s mother decided to take her off life support.

“There’s not words to describe trying to make that decision,” said Hill.

Back in Rockdale, police say Small’s story about what happened kept changing.

“Originally, Mrs. Small reported that the child was running backwards and had fallen and this is how she had received the injuries. Later, it changed to kind of we were playing ring-around-the-rosy and I was swinging her and she fell,” said Rockdale Police Chief Thomas Harris. “And at some point somebody had gotten information that she was supposed to have been riding a bicycle and fallen off.”

Chief Harris said things just didn’t add up.

“I mean a two year old child doesn’t run backwards and fall hard enough to get this type of an injury,” explained Harris.

Doctors say Alex had hemorrhaging in her brain and eyes. An autopsy shows she had blunt force trauma to the head.

Harris says Thursday morning, Small finally told them the truth.

“She had evidently been frustrated with the child all day long. She had… the child… had evidently gotten up before the Small’s did and she had went and got into some food and some water,” said Harris. “That is what Mrs. Small was initially upset with her about…. had made her stand in a dark room, according to our reports, for at least three-to-four hours, wouldn’t let her sit or anything.”

Then around 7:00 that night, the young child, so full of life, was knocked unconscious.

“She actually admitted that she had slung the child down on the floor,” said Harris.

Small told investigators she raised the toddler over her head and slung her down toward the floor twice.

“On the third time down she said she lost her grip and dropped the child. Slammed the child down on the floor,” explained Harris.

Harris says Small’s husband, who wasn’t home when the incident happened, became emotional and even cried when talking to police. But not Small.

“I did not see a whole lot of remorse. I think it’s more like a lot of times these people’s, they’re sorry that they’re in trouble. This is the sense that I get. It’s still about them, it’s not really remorse about the child. I never got that feeling,” added Harris.

The Small’s had another foster child who is eight-months-old. That child has been removed.

Police say neither Small or her husband had jobs, but were instead planning to foster between five and six children as a source of income.

Small is in the Milam County Jail. Her bond has been set at $100,000.

accountability, Collin County, Texas, corruption, crime, lawsuits, RICO, system failure children
RICO Lawsuit Against County & District Clerks Association of Texas

FOTP Editor Files RICO Lawsuit Against County & District Clerks Association of Texas

federal Racketeering Influenced and Corrupt Organizations (RICO) lawsuit in Sherman last week. Fussell is our editor for the six Collin County newspapers FOTP Group has planned. This lawsuit, filed in the Southern District of the federal district in Texas, includes several plaintiffs — including Fussell’s sister, who lives in Midlothian — who allege the County & District Clerks Association of Texas of committing fraud, racketeering, money laundering and a mountain-full of other crimes. The petition (see documents below) is intense reading material. It’s been redacted of plaintiffs names (seven in all) for publication, but it is public record in the court file system.
 Some excerpts:

 (emphasis added)

“…create a criminal enterprise under the misrepresentation of a Government Office, for the express intent to reclassify Plaintiffs as offenders, or abusers to meet a condition precedent for CDCAT to fraudulently qualify Plaintiffs’ family and children for CDCAT Multiple Employer Welfare Benefit Plan and Trust.”

“…entered into various Rule 11 agreements absent Plaintiffs’ consent, discussion, or agreement.  Plaintiffs are still unable to obtain a record or accounting of such Rule 11 agreements.  Said actions constitute a serious Breach of Fiduciary Duty, and Plaintiffs request this court to issue relief as allowed by law.”

“20.       Various District County Courts issued a “General Order, which is described as a standing order to protect property and children pending litigation of a divorce or child custody order. .. Included in the standing order is the following:

“No party to this lawsuit requested this order.  Rather, this order is a   standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in  Collin County.  The District Courts of Collin County have adopted this order because the parties and their children should be protected and their  property preserved with the lawsuit is pending before the court.”

21.       Defendants created the standing order which has the same effect as a Protective Order under Texas Family Code Section 85. The rules of procedure are significantly different for processing cases in which the parties are parties to a Protective Order verses processing a court case when the parties are free from such.

Readers and researchers will see one phrase used repeatedly, and the context of this is crucial to understanding  the entire case. Lisa Fussell is not just any editor of mine. Her father is the architect of an investment vehicle Collin County’s government implemented for themselves: a Multiple Employer Benefit Plan

“Said order, reduced to writing, will also include multiple clauses and contractual terms as necessary for Defendants to process the Divorce Decree as a contract which purports the parties agree to participate in Defendants’ Multiple Employer Benefit Plan. “

This is pretty powerful verbage too, as this gets to how the judiciary in Collin County (and probably all over the country) is basically one gigantic corporation:

Certain Plaintiffs represented themselves through the duration of their cases.  A significant amount of Defendants success depends on misrepresentation by association attorneys.  Absent this advantage, Defendants resort to wholly falsifying court documents or tampering with government documents.  Plaintiff, [redacted by publisher], had previously divorced in Collin and Grayson Counties.

Through the course of [redacted by publisher]’s present involvement with Defendants, CDCAT completely rewrote Plaintiffs previous Divorce Decrees, which were entered by the presiding judge after her ex-husband signed a 2002 waiver under the waiver provision.

Defendants fraudulently rewrote the orders as Agreed Orders moreover adding provisions into the order that enrolled [redacted by publisher]’s children so as to receive benefits from the Multiple Employer Benefit Plan.  Defendants not only added and rewrote the previous orders, but moreover forged [redacted by publisher]’s signatures, backdated clerk stamps and substituted Official Notary Statements.

So, what happens when one goes up against the “Corporation?”

“The Honorable Judge John Roach Jr. forewarned her of his intended retaliation a month before the DA filed the charges.”

“[Another plaintiff] was falsely imprisoned on a court order that was never set for hearing.”

“[Another] Plaintiff was indicted on a court order that was vaguely rendered that does not exist.”

A list of the generalities that are being alleged that the County & District Clerks Association of Texas committed:

  1. Abuse of Process
  2. Statutory Fraud
  3. Fraud of Nondisclosure
  4. Bad faith
  5. Defamation
  6. Malicious Prosecution
  7. Mail obstruction and unlawful mail opening
  8. Negligent Misrepresentation, and
  9. Conspiracy

 The plaintiffs filed suit against the County & District Clerks Association of Texas (CDCAT), which is “under the authority of the International Association of Clerks, Recorders, Election Officials and Treasurers (IACREAOT),” specifically alleging the following:

[Emphasis by The Ellis County Observer publisher]

–> Plaintiffs recently discovered check dispersing of substantial sums of money from the court Registry of certain court cases in which Plaintiffs’ children are designated in the Odyssey System as “Secured Parties”

–> Defendants further retaliated against Plaintiffs who unsuccessfully inquired about the registry checks utilizing various forms of intimidation which included abuse of power.  Plaintiff, contacted the presiding officer of the commissioner’s court, Keith Self, about the Registry disbursements in collin county that where discovered in the family law case. (See exhibit B).

Within five days, said Plaintiff was brought before the court in a disposition for the family law case, however,  the disposition was a unexplainable thrust on plaintiff mere days after his inquiry to Judge Self.  The family law councilor questioning him focused the “deposition”  to the subject of the inquiry to Commissioner Self.  A few examples are “have you been harmed in some way because of any money transferred in the Registry”, and “what do you think the checks you saw written in the Register mean to you?”

 Documents:
[Word Document | Click Here to Read, Download or Print | Federal Lawsuit vs. CDCAT]

[PDF | Click Here to Read, Download or Print | CDCAT Bylaws]

 See Also: Freedom of the Press Group Collin County https://www.facebook.com/pages/Freedom-of-the-Press-Group-Collin-County/187102218005916

See Also: FOTP Group Editor Re-Indicted http://www.elliscountyobserver.com/2011/06/09/1-of-my-editors-has-been-re-indicted-in-collin-county/

See Also: Brooke Muncie-Weltzer Bogus Kidnapping Arrest; McKinney Cops Cover-Up
http://www.elliscountyobserver.com/2011/05/09/collin-county-brooke-muncie-weltzer-didnt-kidnap-her-son/

See Also: ARC of Texas Process in Texas Courts System:
http://www.elliscountyobserver.com/2011/05/27/chart-arc-process-in-texas-court-system-does-ellis-county-work-this-way-too/

ARC Chart Below:

Program

1. Academy of Special Needs Planners

2. ARC (Non-Profit Corporation)

3. Municipal District

4. Court System

Players

1. Title IV-D (Attorney General)

2. DFPS

3. Judges

4. Bank of America and JP Morgan Bank

5. Psychologists / Home Study Experts

6. Special Needs Attorneys

7. Abusive Parent

8. Our Children

9. Protective Parent

10. Law Enforcement

 Process

1. The Court orders Alternate Dispute Resolution (ADR)

2. The Special Needs Attorney determines the wealth of the family

3.  One of the parent becomes the target of the courts, DFPS, and law enforcement

4. To obtain evidence the Court orders a psychological exam and a home study

5. The Court utilizes the evidence to build an adverse case against one parent

6. The build a stronger case DFPS testifies in Court about the TI’s drugs, abuse, mental instability

7. Judge removes conservatorship rights

8. Special Needs Attorney assumes temporary guardianship using the temporary guardianship form

9. Working in cooperation with DFPS and the ARC program – the children are labelled with special needs

10. A trust fund is established by the Special Needs Attorney vis-a-via the ARC

11. Bank of America and JP Morgan Bank then invests the money or borrow against assets

12. The trust fund is overseen by the municpal districts and the Title IV-D Office

Outcome $$

1. Pooled Trusts

2. Liens

2. Domestic and international 501C corporations

3. Retirement Funds

accountability, cps, domestic violence, system failure children
We Were Voted in Top 100 for Domestic Violence Blogs!

Top 100 Blogs Award

It’s Almost Tuesday was voted in the Top 100 for Domestic Violence Blogs!  This is a wonderful accomplishment for the work we’re trying to do for our children in foster care and for survivors of domestic violence.

A victim recently reached out to the newly appointed White House VAWA Advisor, Lynn Rosenthal and during the conversation, Rosenthal stated, “I can’t do nothing to help your situation.” Rosenthal continued by saying, “the Vice President is very concerned on this topic and I relay your situation to him.”

The Womens Legal Resource Blog reports the same sentiments as we feel about it, concern and a diminished faith in the system.

We invite you to read the comment placed by this victim, Heather Thompson at the article titled Working with the White House to keep victims from falling through the cracks by Alexis A. Moore, another advocate who is the owner of Survivors in Action, and an expert in cyberstalking, stalking, and domestic violence.

When domestic violence resources fail, victims die. Family law and criminal courts are failing victims nationwide.

When a victim of domestic violence has to write a letter like the following letter – something is wrong:

I know that when I went through it—I had no support from friends or family—nor from the law—I had nowhere to go, nowhere to turn and I felt it was my fault and that I deserved it. When you are not valued as a child, when you are abused physically, emotionally, sexually and mentally you have no basis to believe it should or could be any other way. I felt it was my lot in life. Where do you go with 4 small babies at 19 years old, without an education, without any money, without any help or support, coming from an abusive family and where he will not find you? How did a 19 year old get into a fix like that in the first place?
It’s always about how little she is worth compared to how valuable he is and she has been born and bred to believe she is less valuable then he!

There is the whole thing in a nutshell.

Some of us make it out alive—some of us don’t—but none of us make it out without deep scars. Can’t we put aside everything else to stop this now? We are at epidemic proportions- they are killing us figuratively and physically- violence against women is a hate crime. Both my daughters were victims of violence. The cases are pending and I am not able to discuss these issues at present. Two sons-in-law are in jail. My oldest daughter Denise 45 passed 3/7/09. My youngest, Louisa 41 , remains hospitalized to date. It’s cyclical—daughters raised in these households go on to be abused—sons go on to abuse. From birth to death women must be valued.

—BJ, mother of domestic violence homicide victim
When resources fail, victims die.

Or when a woman makes a video documentary “just in case something happens to her” – something is very wrong.

[youtube=http://www.youtube.com/watch?v=Ek37imbFbIA&feature=player_embedded]

I pleaded for help before my son was taken.  I took a stack of police reports proving numerous violations of my protective order into the victims/witness office at my State Attorneys office, and was told my case was too complicated and escorted out.

I haven’t seen my son in 4 years.

Something is very wrong.

child death, child welfare reform, foster care abuse, cps, domestic violence, General, law, legal, social services, system failure children
Texas Laws on Child Abuse

Reporting Child Abuse

Mandated Reporting

Texas Family Code

261.101 Persons required to report

A person (everyone) having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. This requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health care facility that provides reproductive services. The identity of the reporter is confidential and may only be released by order of court or to law enforcement agency conducting a criminal investigation.

Texas Family Code

261.103 Report made to appropriate agency

A report shall be made to: any local or state law enforcement agency; Child Protective Services if the alleged or suspected abuse involves a person responsible for the care, custody, or welfare of the child; the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred; or the agency designated by the court to be responsible for the protection of children.

Texas Family Code

261.104 Contents of report

Person making report shall identify, if known:

name and address of child; name and address of person responsible for the care, custody, or welfare of child; and any other pertinent information concerning the alleged or suspected abuse or neglect.

Texas Family Code

261.106 Immunities

Persons acting under good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed.

Texas Family Code
261.107 False report
A person commits an offense if the person knowingly makes a report under this chapter that the person knows is false or lacks factual foundation. The offense is a Class A misdemeanor (up to 1 year in jail and/or $4,000 fine).

Texas Family Code
261.109 Failure to report
A person commits an offense if the person has cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter. The offense is a Class B misdemeanor (up to 180 days in jail and/or $2,000 fine).

Child Outcry Statements

Texas Code of Criminal Procedure 38.072

Hearsay statement of child abuse victim
Statements of a child under the age of 13 who is a victim of sexual offenses or assaultive offenses made to the first person 18 years of age or older are an exception to hearsay rule and that person can testify directly as to what the child said to them.

Privileged Communications

Civil

Texas Family Code
261.202 Privileged Communication
In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client.

Criminal

Texas Code of Criminal Procedure 38.10 Exceptions to spousal privilege
The privilege of a person’s spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with a crime committed against the person’s spouse, a minor child, or a member of the household of either spouse.

Texas Rules of Criminal Evidence 503 and 505

The privileged communications afforded by attorney/client and clergyman/ client relationships applies to criminal prosecutions except as noted in the Texas Family Code 261.101 (initial reporting).

Statute of Limitations

None –
murder/manslaughter

10 years past child’s 18th birthday –
aggravated sexual assault of a child
sexual assault of a child
indecency with a child by contact

10 years- indecency with a child by exposure

  • All persons are
    required by law to report child abuse.

  • The report can be made
    to law enforcement, Child Protective Services, or the agency regulating the
    facility where the abuse is occurring.

  • Report should contain
    name/address of child and caregiver as well as information regarding the
    abuse.

  • Information about the
    reporting person is confidential except if ordered by court or to aid law
    enforcement in their investigation.

  • Persons reporting in
    good faith are immune from civil or criminal punishment.

  • Persons making
    intentional false reports can be punished criminally.

  • Persons failing to
    make a report can be punished criminally.

  • Hearsay (statement
    made by another person) is usually not admissible in court. In cases
    where a child is a victim under 13, the first person the child told about
    the abuse 18 or over can testify to the hearsay statement.

  • There is no privileged
    communication in civil child abuse cases except for statements to your
    attorney.

  • The only privileged
    communication in a criminal child abuse case is those to your attorney and
    your clergyman.

  • A spouse or other
    family member can be compelled to testify against anyone.

  • The time that a person
    can be charged after committing sexual abuse of a child is up to 28 years
    except in cases of child death in which case there is no set time to bring
    charges after the commission of the offense.

source: ATCCAC Home Page