Tag: government

child custody, cps
Are you dealing with CPS or a Child Custody Case? Help is Available!

During this holiday season, It’s Almost Tuesday wishes the best in all things for children and their families.

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We wish there were no bad foster homes.

We wish CPS had no over zealous case workers.

child_custody

We wish couples stayed happily married with no divorces.

We wish there was no such thing as parental alienation syndrome or parental kidnapping.

Custody-Battle

We wish for the end of alot of bad things, but there is a reality that wishes can’t erase.

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If you are facing CPS, or a divorce and children are involved there IS HELP AVAILABLE.

Do you know someone in a custody dispute?

What a better gift to give a loved one who is facing a child custody case or court battle but peace of mind?

We want to help you find the answers that you need to fight for your rights and your kids and succeed.

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Win in court.
Check out our new page with a library of books and guides on just about any topics you could think of.

Tell your friends.

The kids who need it the most will thank you one day.

It’s our wish that we would all be nice to each other in every way possible, but if you have no choice and nice isn’t an option, be ready.
GET HELP NOW!

cps
Names of top politicians, royal aides and a famous pop star on list seized by police investigating child paedophile ring at suburban B&B

Names of top politicians, royal aides and a famous pop star on list seized by police investigating child paedophile ring at suburban B&B

  • List found among documents after raid at the home of former child protection worker

By DAILY MAIL REPORTER

PUBLISHED: 07:57 EST, 20 January 2013 | UPDATED: 08:05 EST, 20 January 2013

MP Tom Watson sparked the police investigation into child abuse at a guest house after a speech into the CommonsMP Tom Watson sparked the police investigation into child abuse at a guest house after a speech into the Commons

Police investigating allegations of a child paedophile network have seized a list naming  top politicians, members of the royal household and a world-renowned pop star, it was reported today.

They were allegedly visitors to a bed and breakfast guest house which operated as a brothel where youngsters were abused at gay sex parties.

The names were recorded on a handwritten note found by police at the North London home of child protection worker Mary Moss during a raid.

She had initially declined to co-operate with the investigation. Documents and a laptop were seized and Ms Moss later handed over other 19 files she had put in a neighbor’s shed.

The papers include a list of men who went to sex parties in the 80’s at the Elm Guest House, in Barnes, south west London.

Among them were two former Conservative Cabinet ministers, four other senior Tories, a Labour MP, a prominent Irish republican and a leading National Front member, according to the Sunday People.

The note also allegedly names two members of the royal household – one a former Buckingham Palace employee – plus the owner of a multinational company and two pop stars.

One of those is a best-selling musician, but like some others on the list he is not suspected of being involved in any child abuse.

Linked to a sex ring: MP Sir Cyril Smith
Linked to a sex ring scandal Anthony Blunt

Linked to child sex scandals: Liberal MP Sir Cyril Smith and disgraced traitor Anthony Blunt

The list emerged at meetings in 1988 between child protection officials and the guest house’s manager Carole Kasir, who died aged 47, two years later from a suspected overdose.

The paper said that 16 boys from nearby Grafton Close council home were allegedly trafficked to the guest house and abused.

Now detectives are to check social services records from Richmond, Wandsworth, Hammersmith and Fulham, and Hounslow.

Officers will also be examining copies of cash receipts and ­the guest house’s visitor records.

Famous names linked to child sex rings include Liberal MP Cyril Smith in Rochdale and disgraced traitor Anthony Blunt, the former Keeper of the Queen’s Pictures.

A complaint by Labour MP Tom Watson during a speech in the House of Commons sparked Operation Fernbridge. He claimed a paedophile ring used high-level connections to escape justice.

Ms Moss told the People: ‘They [police] were friendly enough but I thought it was heavy handed and a complete violation of my ­privacy..

The Met confirmed their statement to the Mail Online. ‘The investigation will be led by the Child Abuse Investigation Command.

‘The allegations under Operation Fernbridge were initially assessed under Operation Fairbank, which was from information passed to police by Mr Tom Watson.’

Read more: http://www.dailymail.co.uk/news/article-2265371/Names-politicians-royal-aides-famous-pop-star-list-seized-police-investigating-child-paedophile-ring-suburban-B-amp-B-guest-house.html#ixzz2J0byL19R

cps
Forgotten Children

I saw filthy living conditions

"Pee wall" next to sleeping quarters at therapeutic foster camp.
“Pee wall” next to sleeping quarters at therapeutic foster camp.

make-shift outhouses

4a (Large)
“playhouse” at a therapeutic foster camp

unsanitary food storage in so-called outdoor camps

Sleeping facilities outside at therapeutic foster camp.
Sleeping facilities outside at therapeutic foster camp.

 

where children must sleep in sleeping bags – no walls, no fans, no heat – for months and months and in many cases, year after year.

Water hole where children at therapeutic foster camp are forced to shower year round.
Water hole where children at therapeutic foster camp are forced to shower year round.

That’s not care.

Isolation area to punish foster children in attic with lock on outside of door.
Isolation area to punish foster children in attic with lock on outside of door.

That’s cruelty.

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Worker at therapeutic foster camp demonstrating a technique in restraint of foster child.

That’s not educating.

Foster Child in Army Fatigues
Are foster children being forced to wear army clothes? Why?

That’s endangering”

cover

Carol Strayhorn on Texas Foster Care System in 2004

cps
Forgotten Children

I saw filthy living conditions

"Pee wall" next to sleeping quarters at therapeutic foster camp.
“Pee wall” next to sleeping quarters at therapeutic foster camp.

make-shift outhouses

4a (Large)
“playhouse” at a therapeutic foster camp

unsanitary food storage in so-called outdoor camps

Sleeping facilities outside at therapeutic foster camp.
Sleeping facilities outside at therapeutic foster camp.

 

where children must sleep in sleeping bags – no walls, no fans, no heat – for months and months and in many cases, year after year.

Water hole where children at therapeutic foster camp are forced to shower year round.
Water hole where children at therapeutic foster camp are forced to shower year round.

That’s not care.

Isolation area to punish foster children in attic with lock on outside of door.
Isolation area to punish foster children in attic with lock on outside of door.

That’s cruelty.

image_71290
Worker at therapeutic foster camp demonstrating a technique in restraint of foster child.

That’s not educating.

Foster Child in Army Fatigues
Are foster children being forced to wear army clothes? Why?

That’s endangering”

cover

Carol Strayhorn on Texas Foster Care System in 2004

child, child abuser, child welfare reform, foster care abuse, children, cps, families, foster care, foster child, foster home, kids, safety, social services, system, texas
Involuntarily Suspended or Revoked Child Care Operations

From The Texas DFPS Website, here is a list of Involuntarily Suspended or Revoked Child Care Operations in the State of Texas – (I have listed only page 1 of the 34 pages of names on here. You can view the next pages of the list  by clicking here or on the Next Page link at the bottom of this list below.

There are 34 pages of these child care facilities that have been suspended or revoked from caring for children.  This list is compiled from facilities closed only within the last two years.  There are approximately 20 listed on each page. Multiply that by 34 pages, and get approximately 680 facilities closed involuntarily in a two year period – according to TDFPS.

 That averages to about 2 facilities a day.

I figure that in order for these facilities to be closed down –  they had to have done something pretty darn awful. After all, there are so many violations that are reported on the facilities that remained open – and those violations are bad enough to make you sick.  If they aren’t closed down for some of those violations, then i could not imagine what would have gotten these shut down – I don’t know if I reallt want to know..

Maybe thats why they don’t list why  – these facilities were closed …?

Oh yeah, this list does not include closings that are pending or still in review, either – so there’s no telling how many the list would grow to, if those were included too, eh ?

———————————————————–

From TDFPS:
This list only includes child care operations that have had a permit revoked or involuntarily suspended in the last two years. Child care operations that closed for other reasons or closed more than two years ago are not listed here. Also, this list only includes revocations or involuntary suspensions that are finalized, not those which are still under review or appeal. For further information, please contact your local Child Care Licensing office.
 
Type Revocation or Suspension
Operation/Caregiver Name & location 
  1. Revocation Michelle Y. Turner 2020 Sterne Avenue Apt 9C Palestine, TX 75803
  2. Revocation Tammie Nell Johnson 381 A C R 1370 Palestine, TX 75801
  3. Revocation Irma Irene Rey 1202 NW 5TH Andrews, TX 79714
  4. Revocation Feliciana G. Sanchez PO Box 732 Poteet, TX 78065
  5. Revocation Janie Villalobos PO Box 546 Charlotte, TX 78011
  6. Revocation Betty Jean Smith 18537 Hwy 159 West New Ulm, TX 78950
  7. Revocation Maron Thomas 8405 FM 1456 RD Bellville, TX 77418
  8. Revocation Rita Patek 227 Willow Sealy, TX 77474
  9. Revocation Elizabeth Ann Gonzales 1 Pine Point DR #201 Bastrop, TX 78602
  10. Revocation Jimmy Lee Taylor 405 Magnolia Bastrop, TX 78602
  11. Revocation Lillie Barnett 310 MLK JR DR Bastrop, TX 78602
  12. Revocation Brenda J. Grant 105 Prather DR Killeen, TX 76541
  13. Revocation Cleta Ennis 2313 Lily Killeen, TX 76542
  14. Revocation Cynthia S Benton 1225 Chippendale Dr Killeen, TX 76549
  15. Revocation Holly Lynn Rowland 3101 West Adams Ave # 266 Temple, TX 76504
  16. Revocation Juana Olsen 3208 Rampart Loop Killeen, TX 76542
  17. Revocation Latasha Carroway 2808 Daytona Dr Killeen, TX 76549
  18. Revocation Lorena Ortiz 2210 Herrington ST Belton, TX 76513
  19. Revocation Mary Macomber 1704 Fox Trl Harker Heights, TX 76548
  20. Revocation Aida Ross 158 Cherry Ridge San Antonio, TX 78213

| (Pg 1 of 34) | Next Page | Last Page

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.

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, 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