Tag: foster care

cps
This is M.D. one of the children not forgotten…
Source of Stories: PLAINTIFFS’ ORIGINAL COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND REQUEST FOR CLASS ACTION in the recent lawsuit filed on behalf of 12000 foster children in the State of Texas against Governor Rick Perry, Thomas Suehs, Executive Commissioner of the Health and Human Services Commission of the State of Texas and Anne Heiligenstein, Commissioner of the Department of Family and Protective Services of the State of Texas.

There are several “named plaintiffs” suing the Texas system. They are children who have had to live in foster care on a long-term basis and they represent a “class action” suit on behalf of over 12000 other foster children.

Usually a foster care stay is approximately 12 to 18 months if all goes well, but for the not so fortunate, the stay in foster care may last for years. Many children never find a permanent home, and “age out” of foster care as a young adult who has not learned how to find a sense of security or how to trust people.
These children have become a product of their environment, harmed by the failure of a government system that needs not just an overhaul, but a miracle to fix. Whether an oversight created some problems or a lack of financial funding for a private foster family or residential facility occurred because of some bureaucratic red tape – the effects trickle down and the leftover mess is cleaned up by the ones that matter the most – the children – and when I say cleaned up, I mean dealt with.

Most of the time, the higher ups will never put a face to the name – or number these innocent children have become. Most of the time, these are not accidents, or unforeseen circumstances, but completely preventable and avoidable situations that leave these children paying the ultimate price by living in an unimaginably painful world. Negligence, abuse, misconduct, untrained workers, caregivers with backgrounds that should keep them from working in any environment ‘designed’ to protect children….are some of the causes for the damage done to these children. Caseworkers carry too high a workload with too little incentive or not enough pay for long hard overtime work hours so the turnover rate is high. The need to hire more workers often means they are not always experienced or even properly trained to deal with the depths of the situations they will encounter in their job. The real life situations of a child that they must protect if at all possible, realizing their decisions may change the course of many lives forever. That is not a light responsibility to be taken, and when the workers are hired and fired or quit so often that motivation to do the job right is low, lives can be ruined. Destroyed. By one choice made, or one decision.

I can barely touch the issues our system must address in order to affect a noticeably positive change that those families named in the lawsuit as well as those who are not. will benefit from. One thing is clear, anyone involved in the system will become someone new before its over with. The lawsuit outlines what the issues are that the children see in their daily lives when living in foster care. The lawsuit places the failures on the table for all to see now, not just the children, but anyone else who has not, until now, taken a look.

Its Almost Tuesday is thrilled that legal action has been sought to find justice for these children and families. Meanwhile we await the outcome of the battle ahead that the lawyers must face, and we can only cross our fingers that the outcome we can anticipate will be in favor of the children. We can only hope it will not only be in favor of the children, but also begin the road to remedy the harmful effects they have suffered. Somehow. Having said that it only seems appropriate now, to take the time to get to know these children, starting with M.D. the first named child plaintiff in the lawsuit.

M.D. is the first of many stories we will share. Remember, these stories are real. These experiences have been lives of children not unlike yours or mine — they have been caught up in an unfortunate trap set by a system out of control.

Child Welfare. Child Protection. How much do we see in these stories? Have these children been protected?

If they had been we would not watch as lawsuits are filed. If they were protected, I would not be writing this blog; or introducing you to these children. Although we will only learn their initials and not their full names, we will hopefully learn something about who they are – and not forget them.

Its Almost Tuesday commends all the survivors of the foster care system, applauds them for their courage when living in a world they never should have known…

This is the story of M.D.

M.D. is a fourteen-year-old girl from Corpus Christi, in Nueces County. M.D. was originally brought into state custody at age eight, placed with relatives, and then again brought back into state custody at age ten. Over the four years that M.D. has most recently been in the care of the state, DFPS has repeatedly failed in its obligation to provide for her safety and wellbeing. Instead of providing her with services and therapy to address the maltreatment that caused her removal from her parents and the abuse she suffered while living in a DFPS-selected placement, DFPS has compounded that trauma by placing her for years in inappropriate institutions; failing to provide her with critically-needed mental health evaluations and services; over-medicating her with powerful psychotropic medications; failing to seek and secure an appropriate permanent home for her; and subjecting her to numerous and frequent placement moves that have prevented her from establishing lasting relationships with caregivers, therapists, or even other children.

When M.D. was eight years old, DFPS removed her from her parents due to neglect by her mother and abandonment by her father. After nine months in the state’s custody, DFPS placed M.D. in conservatorship with her aunt and uncle. However, when M.D. was ten years old, DFPS removed her from this home, because her cousin sexually assaulted her while she was
under the aunt and uncle’s conservatorship.

After removing M.D. from her relatives’ home, DFPS moved the ten-year-old child through three foster placements over the next six months. Eventually, DFPS placed M.D. in a foster home in Dallas, over 400 miles from her home community.

Toward the end of 2007, DFPS moved M.D., still only ten years old, to an institution, an RTC in Victoria. After three months in this facility, M.D. became suicidal. She stayed there for almost two and a half years, steadily deteriorating both emotionally and psychologically. During this time, DFPS assumed PMC of the child.

From the RTC, DFPS sent M.D. to an acute care facility just outside of Houston, without making any permanent plans for her. After two months, DFPS moved M.D. 300 miles away to yet another RTC in Denton.

While at that RTC, M.D. and another young child left the facility and walked to a nearby retail establishment where M.D. was raped. After the rape, DFPS did not provide M.D. with any special counseling, even though M.D. was so traumatized that she had started cutting herself.
Instead, RTC staff chastised M.D. for leaving the facility. In the midst of the emotional turmoil resulting from the assault, DFPS sent M.D. to a juvenile detention center after a disturbance at the RTC.

During the four years that M.D. has been in foster care, DFPS has moved her through at least seven different foster placements, as well as hospitalizations. For much of this time, this young child has been kept in institutions of one kind or another – RTCs, psychiatric centers, and detention facilities. With such an existence, M.D. has been unable to form any lasting relationships.

M.D. is currently placed in an austere, restrictive short-term therapeutic placement in San Antonio. M.D. has no privileges of any kind. She has no visitors. She cannot have any toiletries. She is warehoused and alone. Her DFPS caseworker has said that M.D. will be transitioning from this facility to another RTC.

As M.D. has moved through the foster care system, she has been given numerous psychotropic medications. These drugs have been used as a chemical substitute for the care, counseling, and permanent placement in a family that DFPS is obligated to seek and secure for her. M.D. is now diagnosed with bipolar disorder and depression.

While M.D. is nominally in the eighth grade, she has been placed in a number of schools attached to the institutions where she was placed. In those schools, she has been advanced from one grade to the next based on her age. Her true academic progress has been constantly interrupted by her placement in a series of far-flung facilities.

Although DFPS knew early on that M.D.’s parents were not capable of parenting her, and in fact had removed her from their care in 2005, it was not until July 2010, more than three years after she was brought into foster care for the second time, that M.D. was freed for adoption.

Despite the fact that M.D. has consistently asked to be adopted, DFPS has continually failed to seek and secure a permanent family for this lonely child. At the age of fourteen, M.D. faces the prospect that she will age out of care after four more years of being shuffled around the state from institution to institution.

Defendants have violated M.D.’s constitutional rights by failing to protect from her from harm while in their care; failing to provide adequate supervision over her foster care placements; subjecting her to frequent moves across the state far from her home community; failing to arrange for adequate therapy to address the trauma she has suffered both before and while in DFPS custody; subjecting her to unnecessary psychotropic medications; keeping her for long periods in institutions; and failing for years to identify or plan for an appropriate permanent placement.

cps, family, healing, social worker, system failure, welfare reform
When CPS Workers Confuse Poverty w/Neglect..They Live Forever…

A single mother has  fallen on hard times with the sudden departure of her husband. He has recently abandoned her and her son for a woman, his mistress from a love affair.

This mother is distraught & undoubtedly depressed.  She was caught off guard and was left without a job after having been a housewife for many years.

This mother went  from an affluent wife to a single poverty stricken mother. She does not know where to begin her new life, for she is still in shock from the ending of her old life.  She is, as any woman would be, terribly depressed at the failure of her marriage, but,  one thing she knows for certain is that  she has a son to care for.

She musters up the strength of will to keep going, however difficult it is . Some days seem impossible to do what she has to, but she finds the will to take care of her boy. They are very close, even moreso since finding themselves alone. They are partners against the world, each night saying prayers and assuring one another that times will get better, just have faith.

One day, her electric bill came due.  In her newfound budget, she had mistakenly overspent at the grocery store and the lights get shut off.

Her soon to be ex comes by to surprise her with divorce papers .  He announces that he is on his way out of town for a “new job somewhere “.  When she asks where, he won’t disclose any details and it angers him.

The former couple begin to argue and he remarks of the mother and child living  in the dark with candles lit and a fire in the fireplace.

When she insists that it is his fault for leaving them without warning, insisting on knowing where he’s moving for this job, he threatens to take her son with him if she doesn’t stop badgering.

The next day calls CPS and a social worker comes out, and finds the home without electricity, and removes the child into foster care. The father has already left town and isn’t readily found, and the mother falls apart.

The child never comes home again.

This mother is sustained on a finding of ‘neglectful supervision’ because she “should have known” better than to allow her electricity to get shut off .  The social worker stated in her report that the mother failed to apply for assistance before it came down to that and if she overlooks something like electricity, she is probably overlooking  other needs of the child’s.  These  activities could leave the child at serious risk of harm.That’s what the report said.

Truth is though, she is poor and suffering at a tragic time in their life.   That does not mean she neglects her child, she just needs a boost to start their new life.  Maybe some assistance.  It was the only time their electricity was cut off, she never considered it before because it never happened.

The CPS worker jumped to immediate conclusions, and should have helped the mother find ways to improve her situation, request assistance, apply for legal aid and get child support. There were many ways the problem was easily remedied.

However, poverty was mistaken for neglect, and defined “at risk ” when there’s never been any risk to the child, the problems begin with the definitions of abuse/neglect. Then, the problems end with the willingness to remove children being stronger than the desire to keep the child at home.

A CPS social worker who is unable to familiarize herself with this poor but loving family that needs a little boost in life, offer some counseling maybe, or a support group for divorcing women is the first problem that should be solved.

Why is she unable to do this?  Most likely its due to the tremendous caseload she has stacked in front of her… Perhaps she does not mean to overlook this family… but because she has so much to do, she inadvertently tosses this family into the black pit of a child welfare system’s worst side, needlessly removes the child from the home, and places him in foster care.

Even worse, the shortage of foster homes takes this child too far away to visit regularly because there were no other openings.  Later, he gets abused there and nobody finds out until too late and permanent injuries are suffered.  The mother has fallen apart and can’t seem to get the help she needs, so she is labeled overly emotional.  CPS puts her through psychiatric evaluations one after the other, until finally she has a breakdown when she learns of the abuse her son has gone through. They terminate her rights.

It happens all the time in this system.

All this Mother really needed was some food stamps and assistance on her light bill for a month or two. Maybe temporary financial aid for a down payment on a new car, so she could get some job training and go back to work. Perhaps some temporary medical care to get them both back healthy again, with a flu shot, and some counseling over her divorce. and his loss of a father figure.

Instead, this mother lost her husband, then her lights, then her child, then herself, to grief.

An overzealous social worker received a spite referral from a cheating man who spent enough money on airplane drinks to pay her electric bill twice over.  Nobody tracks him down to file false allegation charges on him.

Her son no longer wants to make his Daddy proud, or thinks of  Daddy as a hero, but instead, loses his own future in drugs and alcohol.    It starts out with a beer can and a marijuana joint he smokes but eventually turns into cocaine and petty crimes in order to buy it.

The boy is a teenager in foster care.  He’s been moved so many times from home to home, facility to facility, that now, he doesn’t care anymore.  He runs away from the home often so he can do his drugs and eventually goes to jail.

Of course by then he doesn’t have anyone to call so he does time, about a year in juvenile detention.  In that year  he gets sexually abused and in fights.  A few months after being released on his 18th birthday, he gets arrested again for stealing a car.  That sentence, he gets caught up in the prison gang life and learns to hurt people, after years he spent in foster care and juvenile detention, doing a lot of fighting.  He is very angry.  It was only a light bill past due.

He is angry at his father who divorced his mother and leaving them in a shabby apartment with no lights.

He knows his father made the phone call that destroyed their life. He knows his father so cowardly ran away with another woman, and he is angry at how that hurt them.

He is angry that he lost his mother who was his best friend. He is angry that he can’t find her, and that she was taken away from him. 

He is angry that it made her fall apart, because he knows she loved him so much.

He is angry that now she is gone, and he is angry that he is behind bars, and so he fights life, and everyone in it. 

He sits and thinks about it all the time.  He thinks about the social worker who took him away from home.

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Are you a caseworker for CPS? 

Do you volunteer for CASA while you go to school?

Do you hope to be a social worker and help abused kids one day?

Do you want to be a social worker when you graduate college? 

Do you work for the advocacy center doing forensic interviews?

Is that you?

Okay, next question… do you want to live forever?

Carry on a legacy?

Make a difference in someone’s life?

Change history?

Well, here this caseworker did it without a lick of effort and didn’t even know it.  Its amazingly easy to live forever.

This way though, its what happens, when you confuse poverty with neglect.  You live forever.

Exactly what is abuse and neglect? 

Why is it so important to define these two words?

Abuse and neglect are the defined allegations used as justification for removing children from their natural homes.

They are the acts of parents that CPS has “reason to believe”  did occur which gives them the right to remove a child from the home.

The parents are then expected to jump through hoops working their (“services”) which are outlined in the “family service plan” made to “protect”  the children from the “abuse and “neglect” …  right?

Child Protection Services. CPS – Services to Protect the Children from abuse and neglect. That is why it is so important to define Abuse & Neglect.  That is why we should not confuse poverty with neglect.

Abuse is defined as the prolonged maltreatment of another; the continued misuse of something, the mishandling thereof, the ill-handling of something.

Abuse is intentional – with forethought and deliberate action – It is causing or threatening to cause physical, mental, emotional, psychological, financial or sexual harm against a person, or a person’s beloved … (pet, family member, friend, or other loved one). Abuse is not only causing harm or injury to that person but also controlling them by placing them in fear of harm or injury against  themselves or another person.

An abuser often uses fear to control or manipulate that person into acting or performing in a certain manner bending to a will not his or her own.

Definition of Child Neglect

Child neglect is the failure to provide for the shelter, safety, supervision and nutritional needs of the child. Child neglect may be physical, educational, or emotional neglect:

  • Physical neglect includes refusal of or delay in seeking health care, abandonment, expulsion from the home or refusal to allow a runaway to return home, and inadequate supervision.
  • Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need.
  • Emotional neglect includes such actions as marked inattention to the child’s needs for affection, refusal of or failure to provide needed psychological care, spouse abuse in the child’s presence, and permission of drug or alcohol use by the child.

How often is poverty confused with neglect ?   Many times.

That is why the social worker’s assessment is so valuable a tool, if used properly.  But most of the time, it is not.

The assessment identifies the services that might be able to assist a family out of a tough situation that has placed the family at risk.

Perhaps the recent loss of a job has led to hard times, and the stress has caused some issues in the parenting skills of the mother or father with their children.

Assistance with applying for financial aid, unemployment benefits, housing or food, and parenting classes, could prevent the unnecessary removal of a child from the home.

Avoiding placement in foster care when the risk is low enough that needs can be met through a service plan that keeps the family in tact, is definitely best for the family unit. So why do children enter foster care? !

Children enter foster care because of abuse and/or neglect.

The majority, however, is due to neglect, which, when neglect is a stand-alone problem (not in combination with abuse), it is often the result of inadequate housing, poor child care, or insufficient food or medical care. For example – lets take a look at poverty and an example of how it can mistakenly destroy lives with the misapplied help of CPS at its worst… so this example can remain just that – an example to learn from.

Poverty is not neglect, but the two get tied together in a tragic knot.

So if you ask the grown up little boy who could have changed it all…  he’ll tell you … He will say the social worker could have made a difference.

He says it quickly and matter of fact – Ms. Too-Busy-To-Pay Attention social worker is who could have, and should have helped. But didn’t.

Its the social worker he blames – even more than he blames his  father. Why? Because she had the training, the power, and she was in the role,that  SHOULD HAVE helped them.

Instead she failed them.

He says “her decision killed my Mom and me, we’ll never recover.”

BUT – If you ask the caseworker about the same little boy…

She will stop, and pause, and shake her head before she walks away telling you she hasn’t the time to discuss a case that was “over so long ago.”  

Besides, she could not even remember which one he was – the boy without electricity.

She laughs, “How much more vague can you be?”

She will carry on as if he never existed.  That case was 0ne of many to her. Hell, she hasn’t even worked for CPS now for years – that was only a summer job she had once.

To him, though, his case, and this social worker is everything.

She is the reason he has no home, no life, no mother, no education, no wife or children.

She is the reason he is nothing, a statistic, with no goals, no dreams, no hope, no will to live.

She is the reason he is angry with an addiction to drugs.

To him, the CPS Social Worker is a face he cannot forget.

She has the name that haunts him.

She is the woman that he seethes, day in and day out.

But to the social worker, he was a number on a file she might recall if she dug it up and looked again. Maybe.

To him, she has ripped a hole in the bond between his mother & him.

She destroyed his family unit that probably will never be repaired.

Because of her, he quits school & lives on the streets.

That’s not child protection. That’s child sabotage.

the social worker now lives forever…

to that little boy …

(c) 2009 Forever May, J.Murphy

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, 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

Add new tag, cps, domestic violence, false allegations, government, missing child, system failure
Before he was caught for child rape….


Who was he, before he was a convicted pedophile? He was the reason a child’s life was destroyed.

After PLEADING GUILTY to several counts of aggravated SEXUAL ASSAULT ON A MINOR, COMPELLING PROSTITUTION, and SEXUAL PERFORMANCE BY A CHILD, Ronnie Cummings was the instigator & co-conspirator in a plot to separate another little boy and his mother. Why would he do such a thing? Out of malice & out of spite following a divorce that left him holding a permanent protective order and a $50,000.00 past due child support bill.

The end result was a little boy, who. at 8 years old, was very aware of the situations around him. He was very bonded to his mother, and was ripped from his home, put into a foster home (where his fear of being kidnapped began); and ultimately, he was abused in foster care, overmedicated by the government to the point of seizures and medical side effects, and he lost his mother & stepfather who raised him, his dog, his friends, home, and life.

During the entire time he ruined that little boys life, he was molesting other children. Ronnie Cummings is a danger to children, and should he be returned to society, would, undoubtedly, re-offend.

The little boy’s mother has not seen him in 3 years. She does not even have a recent picture. The child is out there somewhere but the mother is restrained from coming close to him, even if she did find him, because of the false allegations made by this PEDOPHILE and the coverup the State of Texas scrambled to create to erase their mistakes when they GRANTED VISITATION TO A CHILD MOLESTER after they IGNORE WARNINGS BY THE MOTHER.

So the mother is put to rest when they change the child’s name, put her under a gag order, and threaten jail time if she doesn’t leave it alone.

Thanks Patrick Wilson – Your signing of a reduction in charges FOR A CHILD MOLESTER just took the ONLY peace, serenity, and dreamless sleep that mother had, knowing that monster who didn’t just molest a child he was convicted for.

Ronnie Cummings also terrorized another family, ripped apart a little boy’s life, and it happened because of people like you … people who let Ronnie Cummings get away with his actions. It is in this allowance that Ronnie Cummings (and other abusers) grow bolder and bolder. What next?

Patrick Wilson – you are just like the rest of the pedophiles you support in Ellis County, Texas, sickening.

CLICK HERE TO LISTEN to a recording of a visit that reveals what really happens in the Texas Foster Care System.

He came to the visit bruised and bloody on December 22nd, just before Christmas.

He had been “stoned” with rocks by 3 foster brothers while the foster parent watched but did not stop the incident from happening.

The child went unconscious.

The foster parents did not get the child medical attention.

When asked about the incident, the CPS worker said “I have no idea, I just transport the children…”

This was to make-up a visit canceled the day before in an attempt by Collin County Childrens’ Advocacy Center, to hide the child’s injuries.

On the prior day, the foster parents had falsely told the child that his mother did not show up for the visit. Meanwhile, the CPS worker falsely told the mother the foster parents ‘forgot’ to bring him.

Only after throwing a fit did they allow this make-up visit, which gave the mother an opportunity to find out the truth.

The child and his mother were only allowed to see each other

only one more time after the mother recorded the child’s injuries.

The child arrived overdosed on improper medications they “forgot” the child was not supposed to take, according to what the child told his mother. His hands were frozen in a seizure like position, and his body shook uncontrollably.

He arrived at the visit carrying a realistic gun in his pocket, a toy the foster children were given and taught how to shoot guns in target practice (while taking these improper medications). At the time this child was only 8 years old.

The following visit took place December 2004 at a Texas CPS Children’s Advocacy Center between an 8 year old child and his mother.

This child’s case was ruled out for physical abuse at his natural home, but the same cannot be said for his foster home.

He had been removed and placed in foster care where he was…actually… abused…

Upon questioning throughout this visit, the mother learns that the child had been told by the foster family that he didn’t go to the visit the day before because the mother did not show up. That simply was not true. The foster family “forgetting to bring him” wasn’t true either.

Were they trying to cover up his injuries…..?

The child was, after this visit, removed from that home, and placed in kinship care, however, the mother only saw her child one more time after this visit….

Ruled out for physical abuse at home, taken and placed in state’s care to be abused… and then his injuries attempted to be covered up…

child protective services …? protecting who?

Its been nearly 3 years since this incident occured. Case has been closed for some time now, but nobody was ever held accountable for the abuse against this child, nor to the family for the suffering it caused. The mother has not seen the child in over 2 years, and remember – no abuse had occurred – ruled out – the CPS administrative review sustained a finding that the mother had a history of a drug use and was uncooperative with a non-conforming attitude towards the system; but no injuries to the child.

In fact, the caseworker herself states that the mother interacts appropriately with the child, that the case is not so much a case of child abuse, but rather an ongoing custody battle.

In the child’s interview with the social worker the child specifically states that he is not abused, unhappy, harmed, afraid, or otherwise feels in danger with his mom.

2 years since she’s seen him.

Now its time for the truth.


Click here to listen to the audio recording as you read the transcripts below.

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