Tag: education

cps, foster care
The Truth About Aging Out of Foster Care

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When this occurs, the child will be placed into the foster care system.

More than 250,000 children are placed into the foster care system in the United States every year.

Aging Out of Foster Care

We are making some promises to these children when we place them into foster care. We are telling them that they are getting the chance to create a better life for themselves.

They are promised a safe home where they can have a family that can be called their own.

For many children, these promise are just empty words that have no meaning.

As the statistics show, many foster kids are aging out of the system and have nowhere to turn.

  • More than 23,000 children will age out of the US foster care system every year.

  • After reaching the age of 18, 20% of the children who were in foster care will become instantly homeless.

  • Only 1 out of every 2 foster kids who age out of the system will have some form of gainful employment by the age of 24.

  • There is less than a 3% chance for children who have aged out of foster care to earn a college degree at any point in their life.

  • 7 out of 10 girls who age out of the foster care system will become pregnant before the age of 21.

  • The percentage of children who age out of the foster care system and still suffer from the direct effects of PTSD: 25%.

  • Tens of thousands of children in the foster care system were taken away from their parents after extreme abuse.

  • 8% of the total child population of the United States is represented by reports of abuse that are given to authorities in the United States annually.

  • In 2015, more than 20,000 young people — whom states failed to reunite with their families or place in permanent homes.

One of the biggest problems that social workers face today is a stigma that people have regarding what they do.

Many people see child protection workers as vengeful, hateful people who just want to take kids away from their parents and families.

The sad truth is that over 6 million children are at a high risk of being abused by their families annually and this is represented by the over 3 million reports of possible abuse that are filed every year.

We know that children thrive in families and that is why we want kids to be placed into foster care instead of an institution.

The problem is that the temporary solution of foster care has become a permanent solution and 10% of the kids that are placed into the system age out of it without every really getting the chance to heal.

Is Violence Against Children A Hidden American Epidemic?

  • substantiated child abuse will become the victim of abuse again within 6 months.

If 7 out of 10 foster kids say that they want to pursue college, then why are we finding ways to limit them?

A college education allows for a number of advantages that can help these kids find happiness, even though their childhood may not have been as fun as some of their peers.

These kids want to change their lives, yet a vast majority of them will never even get to see college.

Only 6% of kids who age out of the system will attend an institution of higher learning and only 50% of them will be able to graduate with a degree.

What is the end result?

These kids give up hope, stop caring, and are at a higher risk of repeating the cycle of violence with their own children one day that led to their placement in foster care in the first place.

Foster Kids Aren’t Always Placed Into Foster Homes

  • Despite the promises of the foster care system, as of 2012, more than 58,000 children in the U.S. foster care system were placed in institutions or group homes.

  • 75% of women and 33% of men receive government benefits to meet basic needs after they age out of the system.

  • 1 out of every 2 kids who age out of the system will develop a substance dependence.

  • States spent a mere 1.2-1.3% of available federal funds on parent recruitment and training services even though 22% of children in foster care had adoption as their goal.

  • Adopted children make-up roughly 2% of the total child population under the age of 18.

  • Children who are adopted make up over 10% of the total referrals for child therapy.

  • 55% of these children who wind up being legally emancipated by the foster care system have had 3 or more placements over their childhood.

  • 33% of children had changed elementary schools 5 or more times, causing them to fall behind academically and lose friends that they had made in the process.

  • There is a direct correlation to the age of a child who enters foster care and their likelihood of being successfully discharged to a permanent home instead of being legally emancipated.

There is more than just the problem of worthless parents when it comes to the modern foster care system – parents who abuse their children are worthless.

There is also the problem of foster families not being able to access the resources that kids need because of a lack of funding… or a lack of desire to do so.

Kids who are taken out of violent homes not only face the struggle of missing their parents and living in a strange environment, but there may be PTSD and other mental health issues present as well.

Foster kids will blow out of homes because the tools aren’t in place to help them cope and there isn’t enough patience within the foster family to allow for the natural grieving process to take place.

When parents, foster families, and the system at large fail these kids and they age out of the system,

is it any wonder why so many struggle to make their way in the world?

Are Things Getting Worse Instead of Better?

  • In 2012, there were approximately 679,000 instances of confirmed child maltreatment from the over 3 million reports generated.
  • The overall national child victim rate was 9.2 child victims per 1,000 children in the US population.
  • State child victim rates vary dramatically in the United States, ranging from 1.2 child victims per 1,000 children to 19.6 child victims per 1,000 children.
  • African-American children had the highest rates of victimization at 14.2 victims per 1,000 children in that racial group’s overall child population.
  • Asian children had the lowest rates, with 1.7 victims per 1,000.
  • Between 2002 and 2012, the number of children in care on the last day of the fiscal year decreased by 24.2%, or by over 130,000 children.
  • The annual rate of children who are discharged out of the foster system without a successful placement: 13%.
  • Children with a diagnosed disability of any kind, including a learning disability, are twice as likely to age out of the foster care system.
  • Kids who enter the foster care system after the age of 12 have a 2 in 5 chance of being legally emancipated at the age of 18 from the system.
  • More than 20% of the children who are currently in foster care are aged 3 or younger.
  • African-American children make up 20% of the foster care population, which is about double the amount of maltreatment reports that are generated for their racial demographic annually.
  • More than 40% of the children who reach the age of 18 while in foster care were in the system for more than 3 years.

Even when foster care isn’t the best solution, it is often still better than the maltreatment that was being experienced at home.

In the United States, the median measurements of child maltreatment are over 5% annually.

In foster car, the median measurement for maltreatment is just 0.32%.

In practical terms, this means that a child in the US is about 15x more likely to be abused in their home then in a foster home.

From this standpoint, we can honestly say that we are providing a safer environment for children, but we need to do more than just provide safety.

We need to be able to provide areas of growth so that these kids can have the tools they need in order to find success in the pursuit of their own dream

What Can We Do To Help Facilitate Change?

  • In 2012, only 4.5% of children who were adopted out of foster care were placed in the system for fewer than 12 months.

  • The percentage of children adopted in less than 12 months out of foster care in 2009: 3.6%.

  • More than 85% of children in foster care have had a minimum of two different placement settings within the first 12 months of being placed in the system.

  • 11% of children who are placed into a permanent setting outside of foster care will re-enter the system within 12 months.

  • Only 32.6% of adoptions from foster care occur within the first 2 years of a child being placed into the system.

  • Less than 70% of the cases of founded child maltreatment had a response time that was less than 48 hours for an intervention.

  • 30.4% of incidents were responded to by caseworkers in 24 hours or less.

  • 73% of the cases of child maltreatment are due to neglect.

  • Kids between the ages of 0-7 make up more than half of all child maltreatment reports that are generated in the United States every year.

  • 48.9% of the reports are generated from families that are Caucasian.

  • More than 6% of children who are placed into foster care have been sexually abused by a parent or family member.

cps
New Truancy Laws in Texas and Why It Matters

I am posting this article for parents to read and understand because the laws are very important when it comes to being thrown in a situation where you might find yourself deciding to home school your child.

 What does home schooling have to do with truancy?

Well, in my case, I decided to home school my child when my ex was actively seeking out my child under threat to kidnap him.  I had received a call from the school districts’ main office telling me that my ex-husband/abuser was calling them attempting to obtain information as to what school my son was attending.  I had given the school and the school district copies of my protective order.  They were concerned because the protective order which barred contact from my son, did not bar my ex from receiving information from them regarding my son.  They were calling me because they would be releasing the information to him, and they wanted to let me know.

I immediately called the police, my lawyer, and everyone else I could think of for help, protection and advice on what to do.  I ultimately decided to home school my son.  I invested in the Abeka homeschool curriculum, and he did not return to school.  I began teaching him at home.

I went up to the school to withdraw him and was shocked to find out they would not allow me to withdraw him from school.  They gave me the reason that there had been conflicting custody papers brought in by my son’s father and grandmother stating that he had visitation rights.  (he had shown them the original divorce papers that were issued prior to the domestic violence protective order barring him from all contact with us).  I explained they had the copies of the protective order, and i was told that they had submitted it all to the school district’s attorney for review and we’d all meet up after the spring break.

I continued to home school my son prior to the withdrawal waiting for the meeting with the attorneys.

What I hadn’t thought about was how the child’s grandmother had used her address to enroll my son in school at that particular school telling me it was “because then he could go to school with his favorite cousin”.  So during the wait time, while I was homeschooling my son, the school sent a certified notice to the grandmother’s address notifying me that truancy charges would be filed against me unless he returned to school pending this wait time.

I did not receive that notice.  The grandmother signed my name on the certified letter receipt and never told me.

I was charged with truancy.  That was used against me later on by CPS when the false allegations began to flow.  The charges never came to fruition, but nevertheless they haunted me, as they were brought up over and over again as reason that I was supposedly “neglectful” of my child when I was merely trying to protect my child from domestic abuse.

SO – TEXANS –

HERE’S THE NEW LAWS ON TRUANCY THAT STARTED SEPT 1, 2015

TXTRIB

New Truancy Law Set to Put Pressure on Schools, Parents

by Terri Langford, The Texas Tribune

Aug. 8, 2015

Throughout August, The Texas Tribune will feature 31 ways Texans’ lives will change because of new laws that take effect Sept. 1. Check out our story calendar for more.

When the state’s new truancy law takes effect Sept. 1, students will no longer face criminal sanctions — penalties that could include jail time — for skipping school. But there is likely to be more pressure on schools — and on parents, who could face more cases if their kids fail to show up for class.

“I anticipate an increase in prosecutions of parents under this new statute,” said Ryan Kellus Turner, general counsel and director of education for the Texas Municipal Courts Education Center in Austin, which helps provide training on municipal court procedures.

Both the education center and Texas Education Agency officials have spent the summer trying to chop the bulky House Bill 2398 into serviceable bites for educators and judges who face a dramatic shift this fall in the way they deal with chronic school skippers. That shift includes a new requirement for all public schools to implement truancy prevention programs and new directives on how the courts can penalize school skippers.

For years, Texas was one of two states that made truancy a criminal violation. Public school students who had at least 10 unexcused absences in a six-month period found their truancy cases heard by justices of the peace or municipal judges. Schools also had the option of sending students with three unexcused absences within a four-week period to the adult courts.

Under the old law, students could see fines as punishment. But those 17 and older who failed to pay those fines could be charged with contempt and, in some cases, wound up in adult jails. For example, 21,576 truancy cases were filed so far this year in Dallas County. Of those, three students were jailed for failing to comply with the judge’s orders.

Under the new law crafted this year by state Rep. James White, R-Woodville, and state Sen. John Whitmire, D-Houston, schools can no longer send students with three unexcused absences within the four-week period to truancy courts. Instead, school officials will notify parents of the absences and warn them of the consequences, which could be a fine or a loss of driving privileges if the student racks up more absences or a criminal complaint against the parents. In addition, a face-to-face meeting between the school officials and the parents will be set up, and the student must be enrolled in a truancy prevention program.

Starting Sept. 1, schools will have some kind of truancy prevention program in place that will probably come in the form of mentoring and counseling.

If a student age 12 or older has 10 unexcused absences in a six-month period, school officials must first must determine if the absences are because the student is homeless, pregnant, in foster care or is a primary earner for the family. If the student’s situation matches any of those categories, then the school is to offer counseling support.

If the student does not fall into any of those categories and the anti-truancy programs have not worked, the school can refer the child to truancy court, where the student can face a $100 fine, a loss of driving privileges and perhaps a referral to the juvenile court system.

Like the old law, the new one allows schools to file a criminal complaint against a parent, but only if school can prove the absences were the result of the parent’s negligence. Negligence in Texas is defined as deviating from the “normal standard of care.” In such cases, parents will face a maximum fine of $500.

Turner says parents could see more criminal complaints if courts believe that a student’s legal guardian is not helping get that child to school.

“Even under this new law, the parent contributing to nonattendance is still a misdemeanor,” Turner said.

But the Texas Education Agency notes that a court now can dismiss a charge against a parent of contributing to the truancy if a judge finds that the dismissal “would be in the best interest of justice” and the student is unlikely to continue skipping school or has a good reason justifying the absence.

White, the original bill sponsor, said parents need to take school attendance seriously. School attendance is mandatory in Texas, and that does not change under this new law.

The only thing that does change is a shift from court referral to earlier intervention by schools.

“This piece of legislation marks a serious paradigm shift by lawmakers,” Turner explained. “Under the old law, the message from the Legislature was we want these cases prosecuted and we want these kids in court.”  

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2015/08/08/new-truancy-law-puts-pressure-schools/.

cps
New Truancy Laws in Texas and Why It Matters

I am posting this article for parents to read and understand because the laws are very important when it comes to being thrown in a situation where you might find yourself deciding to home school your child.

 What does home schooling have to do with truancy?

Well, in my case, I decided to home school my child when my ex was actively seeking out my child under threat to kidnap him.  I had received a call from the school districts’ main office telling me that my ex-husband/abuser was calling them attempting to obtain information as to what school my son was attending.  I had given the school and the school district copies of my protective order.  They were concerned because the protective order which barred contact from my son, did not bar my ex from receiving information from them regarding my son.  They were calling me because they would be releasing the information to him, and they wanted to let me know.

I immediately called the police, my lawyer, and everyone else I could think of for help, protection and advice on what to do.  I ultimately decided to home school my son.  I invested in the Abeka homeschool curriculum, and he did not return to school.  I began teaching him at home.

I went up to the school to withdraw him and was shocked to find out they would not allow me to withdraw him from school.  They gave me the reason that there had been conflicting custody papers brought in by my son’s father and grandmother stating that he had visitation rights.  (he had shown them the original divorce papers that were issued prior to the domestic violence protective order barring him from all contact with us).  I explained they had the copies of the protective order, and i was told that they had submitted it all to the school district’s attorney for review and we’d all meet up after the spring break.

I continued to home school my son prior to the withdrawal waiting for the meeting with the attorneys.

What I hadn’t thought about was how the child’s grandmother had used her address to enroll my son in school at that particular school telling me it was “because then he could go to school with his favorite cousin”.  So during the wait time, while I was homeschooling my son, the school sent a certified notice to the grandmother’s address notifying me that truancy charges would be filed against me unless he returned to school pending this wait time.

I did not receive that notice.  The grandmother signed my name on the certified letter receipt and never told me.

I was charged with truancy.  That was used against me later on by CPS when the false allegations began to flow.  The charges never came to fruition, but nevertheless they haunted me, as they were brought up over and over again as reason that I was supposedly “neglectful” of my child when I was merely trying to protect my child from domestic abuse.

SO – TEXANS –

HERE’S THE NEW LAWS ON TRUANCY THAT STARTED SEPT 1, 2015

TXTRIB

New Truancy Law Set to Put Pressure on Schools, Parents

by Terri Langford, The Texas Tribune

Aug. 8, 2015

Throughout August, The Texas Tribune will feature 31 ways Texans’ lives will change because of new laws that take effect Sept. 1. Check out our story calendar for more.

When the state’s new truancy law takes effect Sept. 1, students will no longer face criminal sanctions — penalties that could include jail time — for skipping school. But there is likely to be more pressure on schools — and on parents, who could face more cases if their kids fail to show up for class.

“I anticipate an increase in prosecutions of parents under this new statute,” said Ryan Kellus Turner, general counsel and director of education for the Texas Municipal Courts Education Center in Austin, which helps provide training on municipal court procedures.

Both the education center and Texas Education Agency officials have spent the summer trying to chop the bulky House Bill 2398 into serviceable bites for educators and judges who face a dramatic shift this fall in the way they deal with chronic school skippers. That shift includes a new requirement for all public schools to implement truancy prevention programs and new directives on how the courts can penalize school skippers.

For years, Texas was one of two states that made truancy a criminal violation. Public school students who had at least 10 unexcused absences in a six-month period found their truancy cases heard by justices of the peace or municipal judges. Schools also had the option of sending students with three unexcused absences within a four-week period to the adult courts.

Under the old law, students could see fines as punishment. But those 17 and older who failed to pay those fines could be charged with contempt and, in some cases, wound up in adult jails. For example, 21,576 truancy cases were filed so far this year in Dallas County. Of those, three students were jailed for failing to comply with the judge’s orders.

Under the new law crafted this year by state Rep. James White, R-Woodville, and state Sen. John Whitmire, D-Houston, schools can no longer send students with three unexcused absences within the four-week period to truancy courts. Instead, school officials will notify parents of the absences and warn them of the consequences, which could be a fine or a loss of driving privileges if the student racks up more absences or a criminal complaint against the parents. In addition, a face-to-face meeting between the school officials and the parents will be set up, and the student must be enrolled in a truancy prevention program.

Starting Sept. 1, schools will have some kind of truancy prevention program in place that will probably come in the form of mentoring and counseling.

If a student age 12 or older has 10 unexcused absences in a six-month period, school officials must first must determine if the absences are because the student is homeless, pregnant, in foster care or is a primary earner for the family. If the student’s situation matches any of those categories, then the school is to offer counseling support.

If the student does not fall into any of those categories and the anti-truancy programs have not worked, the school can refer the child to truancy court, where the student can face a $100 fine, a loss of driving privileges and perhaps a referral to the juvenile court system.

Like the old law, the new one allows schools to file a criminal complaint against a parent, but only if school can prove the absences were the result of the parent’s negligence. Negligence in Texas is defined as deviating from the “normal standard of care.” In such cases, parents will face a maximum fine of $500.

Turner says parents could see more criminal complaints if courts believe that a student’s legal guardian is not helping get that child to school.

“Even under this new law, the parent contributing to nonattendance is still a misdemeanor,” Turner said.

But the Texas Education Agency notes that a court now can dismiss a charge against a parent of contributing to the truancy if a judge finds that the dismissal “would be in the best interest of justice” and the student is unlikely to continue skipping school or has a good reason justifying the absence.

White, the original bill sponsor, said parents need to take school attendance seriously. School attendance is mandatory in Texas, and that does not change under this new law.

The only thing that does change is a shift from court referral to earlier intervention by schools.

“This piece of legislation marks a serious paradigm shift by lawmakers,” Turner explained. “Under the old law, the message from the Legislature was we want these cases prosecuted and we want these kids in court.”  

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2015/08/08/new-truancy-law-puts-pressure-schools/.

accountability, awareness, child abuser, child custody, child welfare reform, foster care abuse, Collin County, Texas, custody, families, family, healing, kids, parental alienation syndrome, psychiatry
Parental Alienation Do’s and Don’ts

hurt

What you do and don’t do when as a loving parent you are confronted with a severe case of Parental Alienation Syndrome in your child?

PARENTAL ALIENATION SYNDROME – DO’S

DO…start to immediately educate yourself, your lawyer, your Judge, your psychologist and your child, if possible, about PAS.

This is one of the most widespread forms of emotional child abuse there is arising out of our Family Court system today and there are at least 1,000 internet web sites for you to obtain information from about PAS.

DO…fully prepare yourself for your Court presentation about PAS.

To do this you should print and make several copies of all the information on PAS you find on these web sites and put them in at least four (4) separate booklets and entitle them.. “URGENT IMPORTANT INFORMATION FOR THE COURT ON PAS…What you need to know about the abuse of my child to save him/her and me from a lifetime of pain and suffering”.

Before you go into Court you should give one of these booklets to your lawyer and your psychologist while keeping one for yourself and the Court.

DO…tell the Court if they don’t act immediately to stop your child’s abuse, you will take your PAS case and all the proof and evidence you provided the Court on your child’s PAS condition to the local newspapers and T.V. stations

…AND…

you will post your case and Judge’s name on all the PAS internet web sites for the whole world to see how derelict the Court was in not carrying out its responsibility to protect your child from your former spouse’s severe emotional abuse and the permanent destruction of you and your child’s relationship together.

DO…keep your faith in God and yourself at all times while always taking the high road to fight and solve this  problem.

DO…continue to reach out to your PAS affected child no matter how many times they tell you how much they hate you and never want to see you again.

While they may say these things to you, the fact is they really don’t hate you and actually yearn desperately to see you again, but those feelings are not allowed any expression by the abusing parent.

If you have a flair for the dramatic to make your point you can also add a reprint of my web site home page with my daughter’s picture and number of days I have not seen her because of PAS and the Court’s refusal to intervene to stop her abuse.

At the top of the page you should also write in big letters ….“I DO NOT INTEND TO ALLOW THIS TO HAPPEN TO ME AND MY CHILD”

DO…take off the gloves and demand immediate action by the Court to STOP the abuse of your child.

Remind the Court in the strongest terms possible that your child’s life, mental health and their continued on going relationship with you is at stake…AND…that if they don’t intervene immediately the chances of ever saving your child and your relationship together will be ZERO.

DO…trust your own instincts as a parent to do what is in the best interests of your child when confronted with this PAS problem…AND…if the Court won’t protect your child’s interests, then you will protect his/her interests yourself.

This you will do by public exposure of your case to the media until the Court does protect your child’s interests as the law requires them to do. It may take a long time but you must never ever give up the fight.

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PARENTAL ALIENATION SYNDROME – DON’TS

DON’T…trust or count on ANYONE to know anything about PAS or to try and help you save your child and your relationship together.

Almost all lawyers, Judges, psychologists and Court mediators who are involved in your case KNOW ABSOLUTELY NOTHING ABOUT PAS…AND…even if they did would probably not have the time or be able to fully understand your case and how important it is for Court intervention to stop your child’s PAS abuse.

In most PAS cases none of these people really care about helping you and your child either.

DON’T…delude yourself into thinking that your local Family Court, your Judge, your lawyer, your psychologist or  anyone else but you really wants to look out for and protect the best interests of your child.

DON’T…trust or count on ANYONE to properly educate themselves on PAS. This is particularly true about your  former spouse, Family Court Judges and Court appointed psychologists.

You must do all this research and education about PAS  yourself to pass on to all the people involved in your case.

DON’T…allow the Court or anyone else to intimidate you.

You will be challenged at every turn and told you don’t know what you are talking about when you mention PAS.

Many will also tell you that PAS is nothing more than a figment of your imagination and that it has never been proven and doesn’t even exist in the Psychiatric Association’s Bible of mental and psychiatric disorders known as DSM-IV. Some of these people will further tell you that this was only a “pipe dream” invented by Dr. Richard Gardner to sell his books.

DON’T believe a word these people tell you and never give in to their intimidating tactics to discredit you, PAS or Dr. Gardner.

DON’T…allow the Court or anyone else to delay or prolong your Court hearing on this matter.

The longer this PAS abuse goes on with your child, the more difficult it will be for you to do anything to stop it…AND…If it goes on for too long without Court intervention (ie. 6 months or more) then your chances of ever re-establishing a normal healthy relationship with your child will start to approach ZERO.

DON’T…engage in any kind of retaliatory brainwashing PAS abuse of your child yourself.

The temptation is always there to “fight fire with fire” when you are being attacked and maligned by your former spouse, BUT DON’T EVER DO IT.

REMEMBER what I said before. Always take the High Moral ground for your child and if you want to get angry and verbally attack someone, get angry and attack the people who are doing this to your child.

Never get angry at your child for how he/she is behaving or in any other way do anything to further hurt your child.

You must be able to walk a fine line always trusting in yourself and your God to see and fight this thing through for the ultimate best interests of your child and yourself.

DON’T…ever GIVE UP no matter how many well meaning and/or not so well meaning people tell you to do so.

You will constantly hear people tell you that you should merely give up the fight to save your child from PAS and wait until they grow up and find out for themselves how badly they were abused by your former spouse and the Court.

This would be the same as letting your child drown until they learned how to swim themselves. You have a solemn duty to protect your children and thus you cannot ever shirk from that duty.

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

child death, child welfare reform, foster care abuse, cps, domestic violence, family, General, government, law, system failure
Dizzy in the DV Cycle – Literally

October is Domestic Violence awareness month.

So Its Almost Tuesday wants to bring attention to the issue of Domestic Violence… something that affects our children – bringing them into foster care – teaching them violence – and killing them….

Domestic violence is considered child abuse by law in many states, even if the child only witnesses DV between his parents even if he is not the target.

What does that mean? Domestic Violence Awareness month….

Does that mean we’re all too aware in October of the tragedy DV brings our families? Or not aware enough the rest of the year?

One in Four

Women

Will experience

Domestic Violence

In her lifetime.

Up to 40 percent of battered women delay going to a shelter because they fear what will happen to their left-behind pet.

Women are more at risk for harm & abuse within their intimate relationships than anywhere else…and

They are at the most risk for being murdered after they leave their abuser.

What this month means to me is a memory of another October, when I was in Florida, and had received a phone call that my abuser was on his way to my house, and was planning to lock me in and burn me alive inside.

I felt like I was in the cycle of violence – literally – going around and around…

I called the local DV shelter. The woman on the phone asked if I was harmed, and I said, no, he isn’t here yet, he’s supposedly on the way – and she told me to call back if he arrived and injured me and I was forced to run… meanwhile, she gave me the number to the DV Outreach Center. I called the DV Outreach Center. They do not handle the enforcement, they handle needs and necessities, counseling, and clothing, and donations – I would need to call the state attorney’s office office to get my protective order enforcement underway.. and go down to the clerk’s office, file a violation of protective order affidavit, then take that in, and they would turn it in, review it, and it’d go up the chain and if picked up by the state he’d be arrested.

Maybe…

But in nearly 8 years I’d ran from him, he never once got arrested… the state never picked up the charges because he resided in Texas, and Florida didn’t feel it would be worthwhile to extradite him…. so they let them lie….

I decided, that October day… to go in person to the state attorney’s office; but when I got there … they sent me across the hall to the victim/witness department… The lady at the front desk told me to sit down while I wait in the lobby for somebody from the state attorney’s office across the hall

(that I just came from)

would come help me… an advocate from there…

I was dizzy by then…. I think.

I remember looking up at the posters on the wall in “Domestic Violence Awareness Month” – October – Halloween – Costumes with my little boy who i no longer had, tears welling up in my eyes, and a knot in my throat instead of laughter and candy…

Then the advocate came sauntering across the hall from the state attorneys’ office. She asked me if I had already been interviewed by the Victims Witness Coordinator, I said no….

I showed her my Florida Protective Order, and the police reports from Texas that showed numerous violations of the protective order – and began to explain that i needed him arrested for the violations because I was afraid he was on his way to hurt me. If he were in jail I’d be safe..i thought….

The advocate asked me “do you have Florida police reports?”

I said, “No, I have police reports from Texas ..

She asks “Why from Texas?”

I said, “Thats where the violations occurred – in Plano – Texas… when I called the police… when it happened…. here are the reports…”

she said“Well, you need to go to the Texas Courts to enforce the protective order then, where it happened…

I had been through this one many times in Texas –“Ma’am, Plano, Texas Courts won’t enforce the protective order, the police say its not valid because it is issued in Florida…and its more than two years old … but Florida law is different and it is valid… I don’t care who does it, so long as its done….”

She began to look confused…

“So, did you file a report with the police in Florida?” she asks.

“No, “….

I try to explain…again…

“The police in Florida won’t do a report on the violations because the violations occurred in Texas….but Texas won’t enforce the protective order because the protective order is issued in Florida…”

She asks, “Why don’t you get a protective order in Texas then…?”

I’m beginning to sweat with frustration and tears are welling in my eyes…

“I cannot get a brand new protective order in Texas because he has not assaulted me or caused injury to me within some recent time period, so I don’t qualify!”

“Why are you here then….?” she asks….

“Ma’am!!!!!!!He’s threatened to come lock me up in my trailer from the outside, and burn it down… with me inside… please, help? The shelter won’t take me, the outreach center sent me across the hall who sent me here and called you over, and all I want to do is show someone these violations, dozens and dozens of police reports where he stalked me and abducted my son – and have them brought up on violation charges against my abuser… please…?

I point to her poster – –

“Its October, your posters say that this is Domestic Violence Awareness month….I need help! I need some awareness!”

The worker then looked at me and said with a calm collected tone of voice,

“Well, maybe you shouldn’t have such a big lock on the outside of your trailer ma’am…”

…”What?!?”

I was in shock.

Then she quickly tells me she must help the next person waiting, and just as calmly as that she says my case was a tad bit more complicated than her training was sufficient for handling, and her suggestion was that I seek legal counsel with a private attorney… in Texas… or maybe Florida… or both…. to be on the safe side… Then she walked me out the door and told me to have a good day.

No, he didn’t burn my trailer down with me inside.

He was, however, arrested a few months later – 3 miles from my home, for child rape, compelling prostitution of a child, and sexual performance by a child…(multiple counts) He plead guilty and is a convicted sex offender now serving time…

STILL – I never did get to see my son again after my abuser had abducted him, but when all of the police officers, advocates, state workers, judges, etc., refused to enforce my Florida protective order against my abuser… that he violated more than a dozen times in a blatant undeniable way…. because he did so in Plano, Texas and not in Florida where the PO was issued

He was – at that time – in his spare time – molesting and raping his stepdaughter and other children – for many years – but two of those years they wasted shuffling me back and forth across hallways.. across state lines..

… for Two years a little girl did not have to suffer….if they had only listened to me.

Domestic Violence Awareness…

This October…. Listen…

Climbing Out Broken Windows

(our sister blog for domestic violence)

Rape-Related Post Traumatic Stress Disorder

RAPE RELATED PTSD

Many rape victims experience what is referred to as Rape-Related Post Traumatic Stress Disorder (also called Rape Trauma Syndrome). And yes, a woman can be raped by her own husband. Oftentimes that is the abusers way to gain control.

The four major symptoms of PTSD are:

1. Re-Experiencing the Trauma: Rape victims may experience recurrent nightmares about the rape, flashbacks or may have an inability to stop remembering the rape.

2. Social Withdrawal: This symptom has been called ‘psychic numbing’ and involves not experiencing feelings of any kind.

3. Avoidance Behaviors and Actions: Victims may desire to avoid any feelings or thoughts that might recall to mind events about the rape.

4. Increased Physiological Arousal Characteristics: This symptom can be marked by an exaggerated startle response, hyper-vigilance, sleep disorders or difficulty concentrating.

If you’re afraid for your immediate safety, call 911. For help and advice on escaping an abusive relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224.

child abuser, cps, system failures, writing
How to prepare if you are falsely reported for abuse or neglect
416514122_0597a8826f_o.jpg

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)
I ran across a group of articles on Helium about CPS and what to do when they come knockin’…

There’s no definite answer but having been through it I have the knowledge of the system and CPS, and even with all the cases I’ve seen, I don’t know how to tell you, this is what you should do. Every case is different and you should contact an attorney for the best personalized legal advice.

Being falsely accused is one of the worst nightmares a good parent can go through. It destroys lives. It kills…. (I’ve read several suicide reports after such family tragedies); most of all, it takes a child’s innocence and childhood from them. It forever changed my world, and it won’t ever be the same. Sometimes, like in my case, the children never come home. Its devastating. I’m still not over it, nor will I ever be. They destroyed me when I lost my boy…. I was a good mom falsely accused.

I couldn’t have prepared for it, when you’re falsely accused you don’t expect to be accused,and you don’t expect to be doubted by the state.If you’ve never dealt with them before, CPS is supposed to help families and until you see for yourself the flaws, there’s no way to believe how wrongly a good parent can be treated. I have faith in the merits of my case, in the system, and in the truth. I never expected my son wouldn’t come home. I knew I hadn’t abused him. However, my faith in the system was where I went wrong. Don’t take for granted it could happen to you. It can happen to anyone, and its the worst pain/nightmare a parent can imagine…. particularly when the child is injured, killed, or never comes home. No parent can prepare for that. Its a tragedy.

# 1 tip I tell parents is to TAPE RECORD EVERYTHING – EVERY VISIT, EVERY INTERACTION with the child, the CPS social workers, the front desk lady, even.TAPE EVERY meeting, phonecall, etc., tape it all. Its value may not be realised until late in your case or even after your case is complete when you recall something that was said, or when something conflicts with something else, etc. Keep those tapes securely in a safe place, and make copies.

5715143.jpgOther best advice I have – don’t take anything for granted, and kiss your babies twice every night that you put them to bed. Once for you, and once for all the parents who can’t kiss their kids goodnight.

They may not be there tomorrow.

Thank you to Helium.com and the writers for their contributions. You can also see my articles on Helium here.

How to prepare if you are falsely reported for abuse or neglect

  • by Dan Weaver October 4, 2004. I will remember that day for the rest of my life. For me, September 11, 2001 fades in comparison bec… read more
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  • by Shanna Coon No one expects to be falsely accused of child abuse or neglect; yet bogus cases are reported daily to Child Protectiv… read more
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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