I find countless cases of erroneous and/or malicious removal of kids from their homes based on any number of questionable allegations; One must ask not only themselves, but certainly the COURTS claiming jurisdiction over the family or subject, on what foundation do the merits of these petitions to remove rest?
Our constitution was written to establish the guidelines that should enforce the protections of ALL citizens involved in any case brought to a court when any person’s human, fundamental & constitutional rights are threatened on either side of a case.
When highly publicized crimes are tried in our living rooms via news or television stations allow us into the courtroom, we are also exposed to the reporters own reaction, no matter how subdued, to any particular component of a case on either side. It is natural for us to assume that what WE see and hear about a case is also what the jury inside also sees and hears. From our perspectives, the facts as presented (on our side of the television screen) are so conclusive, there can be no question as to the findings of guilt, whether the guilt is on the accused or revealed to be more on the accuser.
We have seen cases that cause us to truly question the judicial machine and the competence of jurors who hand down verdicts that defy OUR logic.
High-profile cases such as OJ Simpson’s murder trial and Casey Anthony, have left us in jaw-dropping disbelief as we are riveted to the television broadcast of verdicts handed down that are in direct conflict to what OUR perception of them were: But WE are also privileged to information of a case that the inside courtroom never saw… ie: the bloody glove and shoes theory in explicit detail or the mother’s lifestyle over the 31 days between the last time she saw her child and the time she finally “mentioned” it had been a month and she did not know where her child was. There are infinite innuendos, revelations, and even personal interjections by the reporters that we were receiving in our private living rooms that the judge and jury trying and hearing the case never knew.
While we want to scream out for justice, there is an entire court process that has concluded, from its perspective, that justice has been served.
The occurrence of child removal from parents based on nothing more than the allegation that caused the petition to be filed is increasing at an alarming rate. The reference in this article, calling these accelerated dissolutions of families “ASSEMBLY LINE JUSTICE” is horrifyingly accurate.
There is something very obviously missing in these cases, but only to those who are standing on the INSIDE of the closed doors of a family court;
*EVIDENCE, MOTIVE, REASONABLE EFFORT, JURISDICTION, VALIDITY*
The officers of the courts who are solely empowered to determine the filing, trying and defending these cases, have become so overburdened by the frequency and numbers of these cases filed, while also cloaked in the secrecy of the closed doors of family court, it has become commonplace practice of the entire system inside to fall into a mindset of mass-production. Every case has a different number, the names change, but the common factor in all of them are the allegations contain within.
Our courts have unconsciously streamlined the process, to lighten their loads. In that streamlining, certain elements of the process have been eliminated, to save time and energy.
Unfortunately for the families, mainly the parents who have been FALSELY ACCUSED by a malicious reporter, an angry family member, an uninformed caller, and even a misconstrued comment from the child himself, the courts have decided to forego the FACTS of a case that may ONLY be determined through a thorough a properly conducted investigative process, then fact-checked for validation by the court, and finally, by the Due Process protections we are promised as United States citizens.
Our family courts have forgotten those components and erroneously proceed with “Best Interest” as their motivator, as they justify the systematic annihilation of the American family on the predetermined assumption of guilt based on nothing more than a written report of a caseworker who was entrusted with the duty to investigate the allegations against parents, to collect evidence through interviews of witnesses who give weight to BOTH sides, and then to compare this evidence to conclude: Is there enough evidence to indicate this parent is a danger to her child and the child is in imminent danger of harm or has this parent been falsely, even mistakenly accused and evidence gathered has shown this to be the foundation of an allegation that does NOT constitute abuse or neglect.
These caseworkers have been bestowed with a duty to ensure a child is safe and out of harm’s way. They are sent out to the population with an illusion of superpowers. They see themselves as necessary heroes.
In many ways, they should be.
But it is the “quota” that becomes the delusion. When there are no guilty parents, no children to take, there is no funding for the budget. Then there is really no need for so many caseworkers, (just to name ONE basic reason for the need to increase the numbers of removals…if you review this ONE component in a breakdown of every penny that comes out of the budget, it may seem insignificant in the vast $$$$ of expenses included in the granting of federal funds to agencies. BUT, no $$$ are granted for intact families! It only starts flowing when the valve is opened with the removal of the children. From there it becomes a flood).
The workers who have the successful Indicated Findings which end up in family court for removal are the bread winners for this broken system. It has become a survival tactic; Their OWN self-preservation has become priority over family preservation.
LEGISLATORS…There is an immediate and urgent need for review of the FACTS and REASONABLE EFFORTS practices of DCFS nation wide!!! The Administrative Codes are subliminally written with the protection of the AGENCY first. The child is the vehicle. Many of the codes, policies and procedures are written to allow the agencies themselves to inflict the very same treatment of a child that they used against a parent to TAKE that child. They are given protections from prosecutions for committing the same acts they have just accused and prosecuted parents for, and usually this is done without the court ever establishing any substantial or evidentiary basis at all!
The workers write the complaint. They hand it in like a homework assignment. Their supervisor signs off on these reports as being valid and accurate without even making a follow up call to anyone noted in the investigation or a background check of the reporter to determine possible malicious motivation…all of these are essential and relevant components that are SUPPOSED to be included in the investigation process, but are overlooked or ignored. These accepted and approved submissions ultimately result in $$$$ flowing into the budget, ensures job security, wage increases, and the creation of more jobs when the numbers indicate the need for MORE SERVICES (consequently, more service PROVIDERS).
Every successful removal is like another can of spinach to Popeye.
The statutes are written to cover every aspect of potential prosecution of a guilty parent…and guilty parents SHOULD be prosecuted APPROPRIATELY. What the laws and policies do NOT address is the potential prosecution of innocent parents. Laws are written in the conclusion that ANY parent indicated for abuse/neglect IS guilty, and the Due Process that is supposed to ensure that is a CORRECT assumption ceases to exist. There is no consideration to the contrary once an Indicated finding has been submitted.
When will the courts finally begin moving the over-population of legal orphans into the FEMA camps along with the rest of the refugees, undesirables and overflows from whatever else the system has caused through mismanagement and lack of accountability?
THINK ABOUT IT
Sharon Shay Watson, court corruption victim (loss of grandchild)
Reblogged this on Justice for Everyone Blog.