"There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation". - Judge Watson L. White, Superior Court Judge, Georgia
"There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System."
- Judge Brian Lindsay, Retired Supreme Court Judge, New York
Violations of Federal Law on Judicial Determinations:
-Violation C.F.R. Sec 1356.21(d): Documentation of Judicial Determinations (Must be supported by EXPLICIT evidence)
(1) The judicial determinations regarding contrary to the welfare, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and so stated in the court order. (2) Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations. (3) Court orders that reference State law to substantiate judicial determinations are NOT acceptable, even if State law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the child's welfare or that removal can only be ordered after reasonable efforts have been made.
-Violation Public Law 96-272
Judicial determinations are required to be explicit, made on a case-by-case basis, and so stated in the court order. The basis for this policy can be found in the legislative history of the Federal foster care program. The Senate report on the bill that became Public Law 96-272 characterized the required judicial determinations as "...important safeguard(s) against inappropriate agency action..." and made clear that such requirements were not to become "...a mere pro forma exercise in paper shuffling to obtain Federal Funding..." (S. Rept. No. 336, 96th Congress, 2d Session. 16, 1980) "We concluded, based on our review of States' documentation of judicial determinations over the past years that, in many instances, these important safeguards had become precisely what congress was concerned that they not become."
# Cases per 100,000 children in United States. National Center on Child Abuse and Neglect (NCCAN), 2005. Physical Abuse: CPS 160; Parents 59; Sexual Abuse: CPS 112 Parents 13; Neglect: CPS 410 Parents 241; Medical Neglect: CPS 14 Parents 12; Fatalities: CPS 6.4 Parents 1.5
Foster Care Worse Than Abusive Homes NCCPR Child Welfare Blog. Richard Wexler, NCCPR. nccpr.org
TIME (Cover Story). The Crisis Of Foster Care. Nov 2000.
Excerpts, Barbara Bryan, North Carolina. National Child Abuse & Resource Center Foster Care Finance Hearing Archives: Committee on Ways & Means U.S. House of Representatives, Subcommittee on Human Resources, Hearing on Federal Foster Care Financing, June 09, 2005: "Taxpayers - federal, state and local - as well as contributors to tax-exempt non-profit groups are being defrauded under color of law as children are injured and innocent families are dis-membered in and because of Americas foster care system. Paper Orphans are a tax-subsidized phenomenon of the monopoly no other agency is permitted to investigate or handle child abuse/neglect reports. . . The Third World "Rule of Suspect," one condemned by more in Congress today for imprisoned foreign enemy combatants, is alive and has been hell for parents and caretakers "suspected" of often clearly non-existent abuse and neglect of children. Anonymous reporting, ruled out in the old USSR in 1984 because it is so unreliable, is the sine qua non of Americas child protection reporting that consigns a child to foster care. . . clear that the U.S. Supreme Court prefers not to deal with human and civil rights issues relating the foster care and how a child is sent to it or fares in it as an "institution." If the whole truth were told, if Constitutional law were applied to federal and state permissions to suspect, accuse, remove children, forever cut them off from natural family and to be financially rewarded for reallocating them, it would and will rival the eras of slavery, sterilizations, treatment of native Americans and more. . . Nearly always the ticket to regaining children from foster care was/is a mental health evaluation, but only if it is done by a person or group either informally or by contract, connected with the accusing agency. The anti-5th Amendment breach, agreed to in desperation by parents believing their children can be liberated faster if they "cooperate," turns out to be "evidence" gathering and the children will never return. . ."
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