Some of the Issues

  1. Welfare & Institutions Code (WIC) 300: WIC 300 describes the circumstances in which a social worker can remove child from his or her home and a court may adjudge the minor a dependent of the court: (a) That the child has or at substantial risk of suffering serious physical injury inflicted by a parent or guardian, (b) that the child has or is at risk of serious physical harm or illness because of a parent’s inability to adequately protect or supervise. (c) that the child has been trafficked, (d) that the child has been sexually abused, (e) that the child has suffered severe physical abuse by the parent or someone known by the parent, (f) the parent caused the death of another child, (g) the child’s parent has been incarcerated or institutionalized and cannot arrange care of the child, (h) the parents have relinquished custody (i) the child has been subjected to any acts of cruelty.
    1. Social workers and courts are removing children that do not fall under the jurisdiction of WIC 300.
  2. Senate Bill 243: In 1987, Senate enacted legislature that made dependency law to safeguard children and families by making the terms of removals more specific. For dependency jurisdiction, there must be “actionable abuse or neglect” with clear and convincing evidence that a child is: (1) In need of proper and effective parental care or control, (2) destitute, or without the necessities of life, or without a hoe or suitable living place, (3) physical dangerous to the public because of a mental or physical deficiency, disorder, or abnormality, or, (4) living in a place that is unfit because of neglect, cruelty, depravity, or physical abuse of either of the parents or of the child’s custodian.
    1. These guidelines in this bill are not being adhered to, making many removals across the nation unlawful.
  3. WIC 306(b): According to this statute, “reasonable efforts” to allow the child to remain in the home must be made in order for the removal to have legal sufficiency. Many caseworkers are flouting this requirement and the courts are allowing it.
  4. WIC 305, 306(b) and violations of the 4th Amendment of the United States Constitution: Removal from parental custody should be the exception, not the rule. Absent “clear and convincing” evidence that a child is in imminent danger of physical or sexual harm, peace officers may not remove a child from their home. Moreover, social workers may not enter the child’s home without a warrant.
  5. 42 U.S.C. 672, Title IV-E of the SSA: In order to be eligible for this funding, the court must determine at the first hearing that continuance in the home would be detrimental to the well-being of the child. Not only is this not being done in every case, but the unnecessary removals of children are actually proving to be more harmful to children then anything that is allegedly occurring in the home.
  6. WIC 319, Family Preservation Services, Timely Reunification Requirements: As soon as it is considered safe, the social workers and courts are supposed to place the child back in the home and with the parents and to provide supportive service to assist the parent in the issues that removed the child from the home to begin with. This is not happening. Reunification is being unnecessarily delayed and children are being traumatized from the lengthy removals and/or adopted out.
  7. Violations of the 14th Amendment of the United States Constitution: Parents are being denied both their substantive and procedural rights to Due Process and Equal Protection Under the Law. Children are being removed without the proper burden of proof requirements, parents aren’t being served petitions and detention reports that remove children from their homes and terminate parental rights, and low-income parents are not being afforded the same rights as upper-class parents.
  8. Title II of the Americans with Disabilities Act: Parents with physical, mental, and developmental disabilities are being discriminated against and unsubstantiated mental-health allegations are being used against parents. Moreover, parents are illegally being forced to undergo psychological evaluations for adjudication reasons.
  9. Witness and Exhibit Lists: Witness and Exhibit lists are supposed to be submitted at least ten days before court hearings, according to most Local Rules of Court. This is not happening and parents are going into trials without proper notice and without the proper means to prepare for trial

8 thoughts on “Some of the Issues

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  1. I didn’t know all this. The whole time I thought I did something wrong and it was my fault. But I see that my rights were violated now.

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  2. My nine year old was taken because of a verbal argument which CPS claimed all sorts of physical violence. I got the police report which states that I was sleeping on the couch n my child was asleep in her bedroom. This dependency court operates criminally. Its illegal.

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  3. what is killing me is the fact ive never seen nor spoke to her ever again. im stuck with the memory of my nine year old daughter (now 10) begging me please mommy dont let them take me!!! If only i knew that day I didnt have to let them in… there was no warrant. There isnt a damn thing I can do… im poor it takes at least 10,000 to get legal representation n in my small town lawyers aren’t willing to jeapordize their careers.

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  4. It’s incredible that with all the underemployed lawyers in this country so few of them represent family rights cases. We are hoping that all victim parents will stand together this year and speak out against all the human rights violations. Hopefully then, more attorneys will take these cases. You must feel so alone in your small town. There is something so isolating about losing everything through cps because of the stigma that follows you. My heart goes out to you. When things calm down a bit for me, I sincerely hope we can talk on the phone more about your experiences. Even though you are out of state, I want you to know that our group is here to support you.

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    1. Thank you for your kindness and understanding. People dont understand and yes they automatically judge you as a bad person. I dont talk about my case with anyone anymore. It’s a very hopeless feeling and also so painful because Im not the person they said I am. Just really try to stay in the day. To think I may never see my child again or not til she’s an adult is very painful.

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  5. My kids were wrongfully taken from without CPS reports the police went to pick my children up from school told them they were bringing them to me and took them to San Francisco from Sacramento and give them to my abusive ex husband whom only 2 weeks prior pulled knife on me. though police were called he was not arrested. I went to court the judge granted him full custody without absolutely no proof and when I tried to appeal the decision I was denied the right to do so. since my kids have been with the father my oldest child was taken out of his home and placed in a group home where she got pregnant and the group home took her to get an abortion and she has run away from every group home she has been in and placing her back with me has never been made an option. My son was being physically abused by the father they placed him in a group home again I was not made an option. My 2 youngest children are left with the elderly grandmother on a daily basis she can’t take care of herself. All my children have suffered at the hands of the CPS group. I am still fighting in court to this day I have court on Tuesday trying to get my kids from him. The father has an active CPS case but the worker is constantly defending him. I have been fighting with the court system since 2014 about my children and they are suffering at the hands of the court.

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