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August 30, 2009, 8:21 pm PDT
CPS Laws need to be changed
Quote From: fstrprntMy husband and I have had 2 foster children. The 1st child was 18 months. DSS returned him to his father within 2 days from being incarcerated. We had the child for over a year. Our department gave us false hope that we would eventually be able to adopt him. The other child we had during the same time was only 5 months old when we got him. We had him over a year as well. We were the only parents he knew. We were there for his 1st's. Then DSS snatched him up from us . They placed him with a grandmother who kept him 5 weeks and said to DSS to come get him because she couldn't handle him. DSS put him back in a new foster home and not ours! When I found out I was mad! I called and questioned why he wasn't returned to me and my husband, the only parents he has known. They told us we had separation issues and they were no longer able to discuss the case with us because we were no longer a party to the case. ( that was not true. We had already discussed with the judge in court that if things didn't work out with the grandmother, he was to be returned to us) Our caseworker had a personal vendata against us. That was last year. Even though we have kept our license current, we have not been called upon in over a year to foster any more children. Then it burns me up to hear ads saying there are not enough foster homes. We have been vacant over a year and there is not much use to keep our foster home licensed if they don't intend on using us again. Things are bad within the system. Dss wants foster parents to remain heartless like them. They want you to treat the children like it's a "business venture" and not form attachments. That is hard to do since it's a human being we're talking about! We learn to love and care for these children. It is just sad when they leave. I feel like the voice of the foster parents are not heard. If we suggest any ideas to the caseworkers, they don't listen. They are playing God to these children's lives. If only they would listen to the reccomendations of the foster parents. We do know the children better than anyone else! Its all about the federal funding. CPS gets more money for every child they take away, every child that gets adopted by the foster care homes.
I feel sorry for the foster parents who actually want the children to have a normal life with their own families and their main goal is family reunification.
The problem is CPS is getting the parents hope up saying they will get their kids back and at the same time they are telling the foster parents promises of adoption.
The following Laws need to be changed to protect our children:
**My heart goes out to the genuine people who offer a home to children in need via foster care...***
****These proposed law changes are to protect the families against those who abuse the system, using foster care program as a way to have extra income, or as a baby factory as a way to easily adopt a child****
Mandatory Reporting Laws (proposed changes)
Diagnosis by "Child Abuse" doctor should not be allowed as they are predisposed to diagnose abuse and not to consider other pediatric conditions and diseases
Penalties/Repercussions for false, overzealous over reporting by doctors, teachers, etc.
Child suspected for abuse should only be seen by ER doctors certified in trauma training
Require an abuse diagnosis from two ER doctors - doctors are normally more careful in their evaluations when working with peers
Child Abuse nurses should not be able to make diagnosis of abuse or examine your child. Examinations and diagnosis should only be made by trained medical doctors.
Doctors should not be afraid of CPS. Currently, most doctors are inclined to report the slightest injuries just to cover themselves. Doctors should be able to stand by their medical judgement without any thought of fear from CPS.
If a doctor blatantly misses a medical condition and wrongfully assumes abuse, the family should have the right to sue for malpractice.
Child Protective Services (proposed changes)
Cannot remove children with little or no evidence
Cannot place both parents on the petition if only one is suspected
No Blackmailing techniques (i.e. If you'll just admit, you'll get your baby back)
Required to complete psych testing to rule out any who were abused in their own personal lives
Reunification is ALWAYS the top goal - no time limit for quantifying this
If one child has injuries, but the other children do not, CPS cannot remove all children
Parental rights cannot be terminated unless found guilty at criminal trial
CPS case must be dismissed and children returned if acquitted at criminal trial
Parent's names removed from Child Abuse Registrar when case is dismissed, unsubstantiated or acquitted
No Confidentiality/Gag order as this blatantly violates freedom of speech
Federal funding should not be based on total number of accusations made
Federal funding should not be based on total number of adoptions made
There must be a Federal CPS Bill of Rights if it continues to be permissible for CPS to deny basic Constitutional rights
Better alternatives for foster care - such as having daily CPS visits in your home or having a CPS worker live with the family
Parents can schedule doctor appointments for their child
In pregnancy of second child, parents decide placement
If parental rights are terminated, adoption goes first to other family members
Foster fees are dismissed if case is dismissed (No foster fees ever)
Request for Appeal to deny County registry of maltreatment by Social Services should allow for a longer window of opportunity, aside from the current fourteen days period.
Appeal Hearing to refute County registry of maltreatment by Social Services should be before a jury of peers
If a Judge grants that the county registry of maltreatment findings were made in error, then the records should be expunged immediately instead of a registered file listing for four years
If a CPS case is dismissed/acquitted, county maltreatment registry records should be expunged immediately.
If Social Services maltreatment records are only part of a county registry then they should not be able to be retroactively added to a national database at a later date in time
Foster Home Placement (proposed changes)
Parents determine placement - child should go to other family members
Daily visitation required and foster home must be flexible with parent's working schedules
CPS's budget should cover all foster fees providing an incentive to get the child out of foster placement
Foster providers who have placement cannot adopt children. Knowing they can adopt causes the foster providers to be unobjective and provides no motivation to work towards family reunification
Parents have the right to change foster placement if the care is hazardous or unhealthy for their child
Parents have the right to decide if the foster providers may place their child in day care
Court System (proposed changes)
Burden of proof must be "Beyond a reasonable doubt" NOT "Clear and convincing" or "Preponderance"
Timely Hearings - should all be within 30 days
Timely Trials - should all be within 90 days
Criminal vs. Juvenile court
Parents have access to ALL records: medical, police, CPS, court transcripts, etc.
Advocacy/Higher Court for appeals
Jury required for Juvenile trials
Guardian Ad Litem (proposed changes)
Guardian ad litem (GAL) should be independent of CPS. It should be illegal for a GAL to strategize in closed, private meetings with CPS
GAL incurs repercussions if he does not perform his duties as ordered by the court
Required to complete psych testing to rule out any who were abused in their own personal lives.
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