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Friday, February 04, 2011

Stories Told and Untold: Confidentiality Laws and the Master Narrative of Child Welfare

Stories Told and Untold: Confidentiality Laws and the Master Narrative of Child Welfare

Abstract

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned.

1 comment:

  1. Anonymous3:37 PM

    These confidentiality laws are asinine and these laws are what CPS social workers and the courts hide behind to cover up their criminal acts. Yes, I have a story to tell and thus far, no local law enforcement agency or the DA's Office will listen to what I have to say. Next step is the Grand Jury and if that does not work, then it is time for a media circus. What is the court going to do, hold me in contempt and jail me for five days for breaching confidentiality laws? The five days in jail would be worth telling my story.

    The public really needs to know how CPS and the courts operate. It is a shame when CPS lies in court to the judge and the judge has prior written documents to show CPS is lying, but takes no judicial action. The public defenders office is only there because you are entitled to representation by law if you can't afford an attorney, but the scope of representation is minimal at best. As I see it, representation by the public defenders office is a conflict of interest as EVERY "official" in the courtroom is buddy buddy and fellow county employees, except for the judge. CPS is nothing, but a money making machine for their counties and milk the federal government for every penny they can get and do whatever it takes to justify their jobs. Suffice it to say, our kids are nothing, but a per diem check to CPS and the courts. Kids with special needs even pay a bonus.

    As long as the federal government subsidizes CPS and the juvenile courts operate behind these confidentialy laws and no due process, this is never going to change. If people are not allowed to talk about their court experiences with CPS and the way they operate, they will continue doing what they do and operate above the law with no accountability or responsibility for their criminal acts....

    Pissed Off in California

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