Showing posts with label Minda Light. Show all posts
Showing posts with label Minda Light. Show all posts
Wednesday, February 23, 2011
SEN. NANCY SCHAEFER EXPOSES EVIL CPS
FEDERAL APPELS COURT FINDS DCFS TACTIC UNCONSTITUTIONAL
City: Sacramento, CA
As families gather for the holidays, a recent ruling from the Ninth Circuit Court of Appeals offers hope to hundreds of thousands of parents haunted by the nightmare of unproven child abuse allegations.
For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse - sometimes based on anonymous tips from neighbors or vindictive ex-spouses - their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses.
In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards.
PJI President Brad Dacus commented, "It is gratifying that the Ninth Circuit has acknowledged what we have been saying for years-that treating parents as criminals when they are never convicted of a crime is unjust. We call on the legislature to finally fix this broken system in a way that honors basic constitutional rights."
Karen Milam, who directs PJI's Southern California office, stated, "Every year, PJI is inundated with hundreds of calls from desperate parents who do not understand how they could be labeled as child abusers based solely on unproven suspicions. This ruling is an important step toward keeping CPS honest."
For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse - sometimes based on anonymous tips from neighbors or vindictive ex-spouses - their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses.
In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards.
PJI President Brad Dacus commented, "It is gratifying that the Ninth Circuit has acknowledged what we have been saying for years-that treating parents as criminals when they are never convicted of a crime is unjust. We call on the legislature to finally fix this broken system in a way that honors basic constitutional rights."
Karen Milam, who directs PJI's Southern California office, stated, "Every year, PJI is inundated with hundreds of calls from desperate parents who do not understand how they could be labeled as child abusers based solely on unproven suspicions. This ruling is an important step toward keeping CPS honest."
Sunday, February 13, 2011
DEPENDANCY - WHAT TO DO WHEN YOUR CHILDREN ARE REMOVED BY DCFS?
One of the most traumatizing things that can happen to parents and children is to have their children removed by the Department of Children and Family Services (DCFS). Unfortunately, DCFS conducts interviews of parents and children without a right to counsel first. Thus, they often discover information that they can use to justify taking the children, information they would not have gotten if in the parent(s) had the right to speak with an attorney first, or have an attorney present when they were interviewed.So what can you do? You can refuse to be interviewed or you can ask to have an attorney present when you are interviewed, either of which may not prevent DCFS from detaining the children. However, it will give them less information to plead as to why your children should be detained from you. You may also assert your 5th Amendment right to not reveal information that may incriminate you. Understand, statements you make to social workers are discoverable by District Attorneys and should your case involve criminal charges, everything you tell a social worker can be used against you in a criminal proceeding.
What you should do is immediately contact an attorney qualified to practice in Dependency Court and seek counsel as to your rights and legal options.
ADVISEMENT: The preceding is for informational purposes only and should not be construed or interpreted as legal advice.
Saturday, January 22, 2011
DCFS + DEPENDANCY COURT = NIGHTMARE!
The more you know the worse it is, at least in dealing with DCFS. Each day he meets with his clients attorney Howell says, he listen to horror stories about how their family has been torn apart by the intervention of DCFS.
It is thus ironic that the intent of the legislature regarding Welfare and Institutions Code Section 300 is that..."[n]othing in that code section should be used to disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the method of parental discipline, or prescribe a particular method of parenting."
The facts are, at least in Los Angeles County that DCFS most often acts in a way that violates the legislative intent. In my own practice I have had to defend many parents who were dealing with aberrant teen age behavior (usually the result of mental illness) or the normal tensions brought on by raising children in a poor economy (translate that as poverty).
Discipline is also a big issue, as the dependency courts continually find that spanking a child is jurisdictional and remove the child from the parent. Finally, the most egregious intervention into family life is when DCFS is not in agreement with a parent’s method of raising their children.
These allegations are the most insidious, because they usually add other allegations to hide their true intent. However, the most tragic and far reaching allegation used to destroy a family is an accusation that there is sexually inappropriate behavior, usually by the father. When this happens DCFS immediately begins to drive a wedge in the family, insisting the mother seek a restraining order, commences a divorce and never allow the father around the children again.
These families usually never recover from this intervention. What furthers the tragedy is that the father is still being labeled a sex offender, yet has none of the protections that would have been afforded him if he were charged criminally (in most my cases there is no criminal charge).
Adding to this tragedy is that the victim (especially if it is a teenage girl) often recants, admitting it was a false allegation used to gain power in a family where she did not like the rules being imposed on her. In several of my cases I have tried to have the matter reheard, without success.
Thus, I must participate in an event that results in the destruction of a nuclear family unit. Statistics indicate that the national average for returning children to their families is 80%, but the average in Los Angeles is closer to 30%.
Thus, if your children are placed into the custody of DCFS, it is twice likely in Los Angeles County than for the rest of the country that they will never return home.
Finally, attorney Howell said, he attended a conference for attorneys who represent parents in which one of the speakers, a well respected child psychologist with more than 20 years of dealing with DCFS, noted that in her experience, children removed from the home (even the home of the abuser) are more likely to suffer severe emotional trauma than if they had been left in the home with their abuser. Welcome to the real nightmare.
It is thus ironic that the intent of the legislature regarding Welfare and Institutions Code Section 300 is that..."[n]othing in that code section should be used to disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the method of parental discipline, or prescribe a particular method of parenting."
The facts are, at least in Los Angeles County that DCFS most often acts in a way that violates the legislative intent. In my own practice I have had to defend many parents who were dealing with aberrant teen age behavior (usually the result of mental illness) or the normal tensions brought on by raising children in a poor economy (translate that as poverty).
Discipline is also a big issue, as the dependency courts continually find that spanking a child is jurisdictional and remove the child from the parent. Finally, the most egregious intervention into family life is when DCFS is not in agreement with a parent’s method of raising their children.
These allegations are the most insidious, because they usually add other allegations to hide their true intent. However, the most tragic and far reaching allegation used to destroy a family is an accusation that there is sexually inappropriate behavior, usually by the father. When this happens DCFS immediately begins to drive a wedge in the family, insisting the mother seek a restraining order, commences a divorce and never allow the father around the children again.
These families usually never recover from this intervention. What furthers the tragedy is that the father is still being labeled a sex offender, yet has none of the protections that would have been afforded him if he were charged criminally (in most my cases there is no criminal charge).
Adding to this tragedy is that the victim (especially if it is a teenage girl) often recants, admitting it was a false allegation used to gain power in a family where she did not like the rules being imposed on her. In several of my cases I have tried to have the matter reheard, without success.
Thus, I must participate in an event that results in the destruction of a nuclear family unit. Statistics indicate that the national average for returning children to their families is 80%, but the average in Los Angeles is closer to 30%.
Thus, if your children are placed into the custody of DCFS, it is twice likely in Los Angeles County than for the rest of the country that they will never return home.
Finally, attorney Howell said, he attended a conference for attorneys who represent parents in which one of the speakers, a well respected child psychologist with more than 20 years of dealing with DCFS, noted that in her experience, children removed from the home (even the home of the abuser) are more likely to suffer severe emotional trauma than if they had been left in the home with their abuser. Welcome to the real nightmare.
Subscribe to:
Posts (Atom)