Is Foster Care Failing America’s Most Helpless Children?
May is National Foster Care Month and according to government statistics, there are over half a million children in America’s foster care system today. For perspective, that’s more than the population of pre-Hurricane Katrina New Orleans. Beyond the numbers, each child bears a personal story that starts with heartbreak and almost always ends with it, too. Is the system failing America’s foster children?
House bill 148 failed to pass the House in Indiana, because Indiana does not care about the lives of children, nor is the family unit of concern. We know the crimes of DCS. We know that Mitch Daniels campaigned to have an open door policy regarding DCS, but he failed to build that door.
ReplyDeleteAt least some states in the US and in other countries, there is an Ombudsman for parents to seek help from. In Indiana, we live under corrupt court systems, law enforcement, and very corrupt Child Protection Services, as the goal is not to protect, but gain many children into the system, in order to, gain federal grants, programs, and incentive bonuses, and then the adoption re-imbursements. Children die under state care, but no one is prosecuted and the deaths usually are never reported. DCS does not want anyone to know the truth. This is why they want to keep their actions against families as secret. Parents have the right to know what they are accused of and judges are responsible to make sure there is evidence for a probable cause before children are removed from their homes. However, Juvenile courts are used in order to violate the rights of both children and parents, as DCS workers just take children from safe homes to place them into danger and leave children in danger in danger to suffer. This agency lies, commits perjury, falsification of court documents, and willing violate human, civil, and constitutional rights. In Indiana, citizens have no rights, and if anyone attempts to fight for their rights, the governmental agencies in Indiana will make you pay, as they will pull you over (by the police), and forced you to strip in front of 4 male officers, in the name of searching the person. So all women in Indiana, if you are driving alone, you are a candidate to be pulled over because your,'tail lights may not be working". And if you are a single mother, you will be a prime candidate to have DCS remove your children, just because you are single, and you have no rights.
Pursuant to: The crimes of Child ProtectionServices, who is allowed to walk about as a god without any justification,accountibility, or responsiblity, of the crimes they commit, that our federal government is aware of, but does nothing, as our soldiers are dying to protect the rights of others in other countries, that we, American Citizens are deprived of and denied by our own governmental officials.
Deprivation of Rights under the Color of LawViolation of Civil Rights under 42 U.S.C.*1983
State law cannot provide immunity from suit for Federal Civil Rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under *1983. Wallis v. Spencer,(9th Cir. 1999)
Social workers and all other governmental employees may be sued for deprivation of civil rights under 42 U.S.C.*1983, if they are named in their official and individual capacity. Hafer v. Melo,(S.Ct.1991), as DCS used malicious intentions and all other governmental officials’ who either refused or failed to respond to the multitude of reported violations of DCS. Social workers are not immune for coercing or seizing a child from the parent without a warrant. Calabretta v. Floyd (9th Cir. 1999) Persons may not be seized without a court order or being placed under arrest. Children may not be removed from their home or seized from their parent by social workers/DCS, without notice and a hearing unless the officials have a reasonable belief that the child is in ‘imminent danger’, defined as loss of life or limb. Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio,(5th Cir. 1991) The rights of many parents and children, alike, are violated without any concern, as our Attorney General, Steve Carter and our Governor, Mitch Daniels, turns a deaf ear to the crimes committed by the CPS, Dept of Children, DCS staff. When parents attempt to testify to the crimes done th their families, the courts send a court order to make them quiet.
Freedom, liberty, justice, democracy, and civil, constitutional, and human rights are not given or honored in the state of Indiana, in the USA. My family was threatened and harrassed by the Indiana Child Protection Services, as so many other families in Indiana suffer. The state workers, called DCS, meaning Dept of Children Services, known as Child Protection Services, CPS. This agency lies, committs perjury, fallification of court documents and willing violate all statutes, articles, and any constitutiional and civil rights we, American citizens have. There are soldiers dying in other countries, in order to ‘protect’ the American people, and aide in the development of democracy, liberty, & justice, in other countries. Yet, the agency that is to protect children, is nothing more than a facade of ‘protection’ but is really a human trafficking business, for the state to gain federal money. over 1000 children died in Indiana in 2004, then again over 1000 chilldren died in 2006. Our state representives, governmental officials, and law enforcement does nothing. The governor of Indiana, Mitch Daniels, stated during his campaign,“I will have an open door policy regarding CPS”. That too was a lie. Children are stolen from their safe homes, then placed into danger, by the agency that claims to protect children and preserve families.
The federal government is very aware of what is happening, but again, nothing is done. DCS claims they have the right to hide and keep under confidential all cases. This is unconstitutional. As the only way DCS can remove a child from their home, is to have evidence for a probable cause to do so, and if their is probalbe cause, then that means the parent must have committed a crime, and therefore must be arrested and due process of a jury trial must be allowed. But, DCS wants everything confidential and they do not even in most cases allow the parents to know what they are accused of. This is done in order for DCS to get but with crimes against the civil, constitutional, and human rights of all involved. They lie. The goal of DCS is not to protect, but to gain as many children into the system for money.
Even when the Head of Children Services is notifiied of the crimes of the state worker, he condones their actions, and after all governmental agencies were handed in black & white the crimes and injuries DCS allowed to occur, and notified of such malicious actions, none of the officials ed to acted to prevent further collective injuries and damages including financial, emotional, physical, and wrongful defamation of the mother of the child, seizure and removal of the child from the mother’ right to make decisions regarding her child without just cause, without consent, without warrant, without probable cause, & without exigent circumstances, and allowing the continuation of the state’ false documentation of statements, committing perjury and falsification of court documents, done so with maliciousness by governmental agencies.
The governmental officials in Indiana do not care about what happens to the children in this state and they will always ignore the deaths and illegal kidnapping of children from the flesh and blood families, as long as the funding from the federal government keeps pouring into the state pockets. They do not want anyone to investigate what is done, as they are now able to commit crimes against families, and lie, and no one can stop them. They will not allow law to change that will reveal the truth of the facade of 'protection' being used to cover up the human trafficking of children for federal profits. DCS workers are allowed to function with tortuous actions and disregard of all given rights of US citizens, which has caused severe and irreversible emotional trauma, emotional distress, financial legal cost burdens, and defamation of character, slander, and libel, against each member of the family.
The false and bogus documentation and court proceedings fabricated by DCS and their affiliates, are done with intent and allowed by all state governmental offices. If there is anyone that is thinking of coming to live in Indiana, I would advice you think again. If you have children, you will be at risk to have your entire life turned upside down, defamed, and bankrupt as you fight to protect your family., We have suffered enormous losses related to the willful and malicious actions of DCS’ coercion, threats, and denial of civil & constitutional rights afforded to all US citizens, but not acknowledged in the state of Indiana. Women and children have no rights in Indiana. DCS workers can not simply claim or assert the defense of qualified immunity based on good faith, since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
Every governmental agency and other affiliates for DCS allows crimes and terrorization to occur to innocent families. Therefore, by proxy, every governmental official is negligent, as many children are seized without justice cause, which is an infringement on the family’ liberty of familial association. K.H. through Murphy v. Morgan (7th Cir. 1990). None of Indiana' governmental officials can claim immunity for such aggravated and malicious actions that have occurred to my family, as they are not entitled to absolute immunity for pleadings filed to obtain an order and assisting in the use of information known to be false to further an investigation, or the use of deception to judicial officers to obtain a custody order or deliberately or recklessly incorporate known falsehoods into their reports. The use of information known to be false is not reasonable, and acts of deliberate falsity or reckless disregard of the truth are not entitled to qualified immunity. Snell v.Tunnel,(10 Cir. 1990).
All governmental agencies were notified in writing of the unlawful actions to no avail. Fabricated false charges without evidence, as Social workers are routinely doing against many families in Indiana, are not immune for coercing or seizing children from the parent without a warrant. Calabretta v. Floyd (9th Cir. 1999).
Civil Rights violation under *1983 and conspiracy against rights covered under *1985 as they falsely document they substantiate bogus and unfounded cases. Statutory violations of IC 35-45-3-4 (Inference with custody of minor child),
is allowed to take place, as DCS willingly forces the alienation of a child to be with the parents. Coercion and threats to remain quiet or never see the child again is how DCS has parents sign the CHINS paper, and if the parent refuses, DCS staff will sign the parents name for them. All children that are taken from their parents and placed under state custody with knowingly false information is a violation of constitutional rights and an intrusion of un-necessary actions, as the absence of exigent circumstances does not allow DCS' actions to be seen as immune from her willingness to violate the rights of parents,if there is no valid evidence to support probable cause.(Hurlman V. Rice, 2nd Cir. 1991). Removing children by hearsay without true evidence, violations of both parent and child as the court automatically denied both of their due process. As forced separation of parent and child, seriously infringed upon the rights of both, done so by the fraudulence of DCS, which is a violation of constitutional rights. JB v. Washington County (10th Cir. 1997). DCS social workers, who know a child under the state care is in danger and take no action, is a violation of their own professional obligation as noted in IC 31-33-5 Chapter 5, Duty to report child abuse or neglect, IC 31-33-5-1 Duty to make report Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.(As added by P.L. 1-1997 SEC. 16) Also, Stephanie Beasley-Fehrman is found on the Indiana Adoption Web Site as the International and State Adoption Specialist, not the Regional Case Manager, as she claimed to my family. Also, when the DCS workers conspire together to hide what they do or don't do, in order to protect each other, they think they are immune, but really, where a statute authorizes official conduct with is patently violation of fundamental constitutional principles, he who enforces that statute is not entitled to qualified immunity. Grossman v. City of Portland,(9th Cir. 1994) DCS is all about the money, not the concern or protection of the children. Follow the money, see the deaths of children under state care, or at least the deaths they have not been able to cover up or sweep under the rug.
Lastly, does anyone know what additional items for DCS was slid in with the changes for property tax relief? Did those in legislation even read what DCS pushed through with the tax relief, or is our children in Indiana a hotter commodity and easier target to be removed from safe homes by those lying DCS workers and their affiliates? Do citizens in Indiana have any rights? Ifyou are a woman or a children, the answer is NO. Ashamed to live in Indiana. DCS will fight the idea of an Ombudsman, as if someone gains access to cases early enough, the DCS crimes will become quiet evident. As the longer they can keep a case going, the more webs of lies and deceptions they can create. I know their lies. I know their methods. The truth needs to be out in the open, to stop the senseless deaths of so many children. We pay for this. We pay to harm and kill children. When will Indiana officals care? When it affects someone in their family, then they will start to care. « Crimes of Child Protection Services, and Human Trafficking of US childrenParents are defamed, Indiana makes profit of human trafficking children The crimes of Child Protection Services, who is allowed to walk about as a god without any justification,accountibility, or responsiblity, of the crimes they commit, that our federal government is aware of, but does nothing, as our soldiers are dying to protect the rights of others in other countries, that we, American Citizens are deprived of and denied by our own governmental officials.
DCS is allowed and willing Dprives citizens of their Civil Rights under 42 U.S.C.*1983. When DCS workers fail to truly investigate and function on hearsay only, and the judge allows children to be alienated from their parents, as children are harmed under state care, none of the state workers or the Juvenile judges, and their attorney's can claim,'Immunity', as state law cannot provide immunity from suit for Federal Civil Rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under *1983. Wallis v. Spencer,(9th Cir. 1999)
Social workers and all other governmental employees may be sued for deprivation of civil rights under 42 U.S.C.*1983, if they are named in their official and individual capacity. Hafer v. Melo,(S.Ct.1991), as DCS used malicious intentions and all other governmental officials’ who either refused or failed to respond to the multitude of reported violations of DCS. Social workers are not immune for coercing or seizing a child from the parent without a warrant. Calabretta v. Floyd (9th Cir. 1999)**Persons may not be seized without a court order or being placed under arrest**. Children may not be removed from their home or seized from their parent by social workers/DCS, without notice and a hearing unless the officials have a reasonable belief that the child is in ‘imminent danger’, defined as loss of life or limb. Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio,(5th Cir. 1991.
However, in Indiana, the Attorney General, Attorney General Investigator, and even the police, prosecutor, and our Governor, clearly protect the state workers who willing commit perjury and allow a child to be harmed, even when much begging is done to prevent further abuse. These workers are protected and are careless, and they lie. Our legislators are not going to allow independent investigations to be done regarding DCS. There is too much money involved, not the protection of children that is the concern. My family was threatened and harrassed by the Indiana Child Protection Services, as so many other families in Indiana suffer. The state workers, called DCS, meaning Dept of Children Services, known as Child Protection Services, CPS.
This agency lies, committs perjury, fallification of court documents and willing violate all statutes, articles, and any constitutiional and civil rights we, American citizens have. There are soldiers dying in other countries, in order to ‘protect’ the American people, and aide in the development of democracy, liberty, & justice, in other countries. Yet, the agency that is to protect children, is nothing more than a facade of ‘protection’ but is really a human trafficking business, for the state to gain federal money.
Over 1000 children died in Indiana in 2004, then again over 1000 chilldren died in 2006. Our state representives, governmental officials, and law enforcement does nothing. The governor of Indiana, Mitch Daniels, stated during his campaign,“I will have an open door policy regarding CPS”. That too was a lie.
Children are stolen from their safe homes, then placed into danger, by the agency that claims to protect children and preserve families. The federal government is very aware of what is happening, but again, nothing is done. DCS claims they have the right to hide and keep under confidential all cases. This is unconstitutional. As the only way DCS can remove a child from their home, is to have evidence for a probable cause to do so, and if their is probalbe cause, then that means the parent must have committed a crime, and therefore must be arrested and due process of a jury trial must be allowed. But, DCS wants everything confidential and they do not even in most cases allow the parents to know what they are accused of.
This is done in order for DCS to get but with crimes against the civil, constitutional, and human rights of all involved. They lie. The goal of DCS is not to protect, but to gain as many children into the system for money. Even when the Head of Children Services is notifiied of the crimes of the state worker, he condones their actions, and after all governmental agencies were handed in black & white the crimes and injuries DCS allowed to occur, and notified of such malicious actions, none of the officials acted to prevent further collective injuries and damages including financial, emotional, physical, and wrongful defamation of the mother of the child, seizure and removal of the child from the mother’ right to make decisions regarding her child without just cause, without consent, without warrant, without probable cause, & without exigent circumstances, and allowing the continuation of the state’ false documentation of statements, committing perjury and falsification of court documents, done so with maliciousness by governmental agencies. We have suffered enormous losses related to the willful and malicious actions of DCS’ coercion, threats, and denial of civil & constitutional rights afforded to all US citizens, as Cynthia Blue, DCS worker, willingly and maliciously used coercion for SS to be walked out of the hospital & never see her baby again, forced SS to sign a CHINS and legal document for Methodist Hospital,“Waiver for Second Opinion”. Though SS made many pleads to speak to her parents, asked for legal assistance, and asked for her own pediatrician, Cynthia Blue, took actions with malicious intention to cause a deprivation of rights, and violated established statutory and constitutional rights of which a reasonable person would have known. McCord v. Maggio,(5th Cir. 1991).
As well, as the blatant bogus falsification of court documentation, seizing a child without probable cause or valid evidence, and violation of Civil and Constitutional Rights, Cynthia Blue again violated with great intent to cause harm. Not only did she seize BS from SS by false hearsay, but she failed to have a probable cause or court order to justify her actions. No notification or investigation was performed as Cynthia Blue failed to provide factual evidence that BS was in imminent danger. Or the fact the BS had been in the care of the ‘alleged father’ for over 24 hours before seen by any medical professional.
Therefore, Cynthia Blue many not simply claim or assert the defense of qualified immunity based on good faith, since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
Every governmental agency and other affiliates noted above had been given documentation of the crimes committed against both civil and constitutional rights of both BS and SS, and the slanderous and libelous use of RS, while ignoring the cries for help against the vicious attacks of DCS to withhold all rights all citizens are to have.
But in Indiana, citizens' rights are not honored, as DCS withheld BS from SS without any probable cause. DCS is given the ability to continue to terrorize, coerse, and threaten many.
Therefore, since all agencies ignore the cries of many who are crying out to be heard, regarding help of such horrific criminal actions of state workers, they willing fail to perform their own duties regarding the complaints, any and all state employees who allowed and failed to act after being given the information that a child was being withheld from his/her family, become by proxy, negligent, as the child seized without justice cause is an infringement on the family’ liberty of familial association. K.H. through Murphy v. Morgan (7th Cir. 1990).
But Methodist Hospital can do what they want to, as it is very interesting how DCS and Methodist is banning together to 'protect' children. What a joke without a laugh. None of DCS workers or any and all the Indiana governmental officials, can claim immunity for such aggravated and malicious actions that have occurred, as they are not entitled to absolute immunity for pleadings filed to obtain an order and assisting in the use of information known to be false to further an investigation, or the use of deception to judicial officers to obtain a custody order or deliberately or recklessly incorporate known falsehoods into their reports.
The use of information known to be false is not reasonable, and acts of deliberate falsity or reckless disregard of the truth are not entitled to qualified immunity. Snell v.Tunnel,(10 Cir. 1990).
All governmental agencies who are notified verbally and in writing of the unlawful actions of DCS, to no avail respond with any concern. Citizens in Indiana really need to make sure to vote to see that those in the House of Representatives that find no need to stop the senseless misutilization of tax dollars to support the criminal activity of DCS, need to be out of office for good. If they don't care about the children of this state, we need someone who does, and we, the citizens of Indiana, deserve better! Thanks to the corruption of Indiana governmental ignorance and carelessnes, my family will suffer finanical devastation till the day we die. And for nothing. They lie, we pay.
Violations committed by DCS employees with the help of Methodist Hospital, Indianapolis, Indiana, as Cynthia Blue, DCS worker, violated SS rights to have her own doctor, used coercion and threats to sign a CHINS and legal document for Methodist Hospital for ‘Waiver of Second Opinion”, violated SS HIPPA rights, violated SS right to speak to a judge, willing seized SS infant, BS, for continued administration of medications without honoring the request for SS own doctor, and failure to obtain a warrant or probable cause, as there were no emergency or exigent circumstances valid. Cynthia Blue, willing violated the civil rights of the 4th, 6th and 14 Amendment rights and fabricated false charges without evidence, as described below.
Social workers are not immune for coercing or seizing children from the parent without a warrant. Calabretta v. Floyd (9th Cir. 1999). Civil Rights violation under *1983 and conspiracy against rights covered under *1985 as Cynthia Blue and Andrea Goodwin, DCS documented they had founded substantiation that SS refused medical care of BS, of which is unfounded and not true.
All medical lab reports revealed there was no such cause for the administration of a highly toxic medication to be administered to the 5 day old infant, BS. Statutory violations of IC 35-45-3-4 (Inference with custody of minor child), Cynthia Blue and Methodist Hospital, Beth Barron, MD, together violated HIPPA, as Beth Barron, MD, and other Methodist Hospital staff willingly allowed Cynthia Blue access to BS records without SS permission, and SS was threatened by Cynthia Blue to never see her child again if she refused to sign forced upon documents, or told anyone what was happening. Amendment rights 1st 4th, and 5th, 6th, 14th, were violated, and information regarding BS was given out to others without signed consent by SS, violating the patient’ right to privacy, HIPPA.
Cynthia Blue forced maternal grandparents, RS & SRS, from the hospital with threats to remain quiet or never see the child again. SS rights were violated to have needed family support during the hospitalization of her first newborn, as Parent interest is of “the highest order”,‘the vital importance of curing overzealous suspicion and intervention of the part of health care professionals and government officials. Thomason v. Scan Volunteer Services, Inc.(8th Cir. 1996)
Cynthia Blue did not obtain a probable cause or court order, nor did she allow SS the right for due process. Removing SS’ rights to have the request honored for BS to be treated at a different hospital and personal doctor, and placing BS under state custody by use of coercion, threats, and force, the seizure of BS was unconstitutional and all documentation regarding the placement of BS under state custody were knowingly false information and violated SS’ 4th Amendment rights.
Since BS was clearly not in immediate jeopardy and the intrusion of Cynthia Blue’ actions were not necessary, as the absence of exigent circumstances does not allow her actions to be seen as immune from her willingness to violate the rights of SS, as there were no valid evidence to support probable cause.(Hurlman V. Rice, 2nd Cir. 1991).
At no time did Cynthia Blue listen as SS commented many times regarding her request for her own doctor, as Cynthia Blue only took the word and hearsay of hearsay of hospital staff and (fired) doctor that medical treatment was being denied for BS. Cynthia Blue willingly and knowingly violated the civil and constitutional rights of SS, which such actions caused great emotional distress, noted as intentional infliction of emotional distress.
No further inquiries by the courts, DCS, or the hospital were made. However, many complaints regarding the violations of both the hospital and DCS were filed, to no avail. It is now clear, the Indiana’ Attorney General not only protectts and is the legal council for DCS, he is also willing to protect Methodist Hospital, of which is surely due to political supportive funds to the Republican Party. The good ol’ boys of Indiana, the suffering of the citizens.
How many more parents will be falsely accused today, tomorrow, the next day? As over 8000 children are under state care in Indiana, how many parents were arrested and allowed due process for the crimes they are accused of that DCS used to gain custody of their children or to terminate parental rights?
If a parent commits a crime that is imminent danger of loss of life or limb to a child, then should that not be prosecuted and held in criminal court? Oh no, not in Indiana, because many parents are defamed and never have due process, and if they fight back, they will pay dearly with false police reports from both the state and county police. They will all make you pay. When will the crimes done by DCS matter? After filing a federal lawsuit against Indiana, the state police and county police started stalking and harrassing and making false arrests in attempts to use threats. 2 state troopers made the young mom strip in front of 4 male officers. Crime in Indiana? It is who is committing the crime that is a shame to all citizens and we have no where to go for help, as our courts are made a mockery of by our prosecutors.
Fox 59, tv news station did an interview with Dept of Children, and the staff lied about what they do. They attempted to make the public think they really are protecting children. But when an interview was done with parents who are being victimized by DCS, or CPS as known by, the judge sent a court order to shut them up and ordered the interview to not be aired. We do not even have the 1 st amendment rights in Indiana. The state of governmental crimes against citizens, and the Attorney General and Governor sit back and allow these crimes. They don't want to loose the billions of dollars they gain by stealing and selling children for the federal incentive and bonus funds of re-imbursements. This is going on all over the nation.