Nebraska Class Action Lawsuit on behalf of 6,000 children

[Dazeemay]

http://www.childrensrights.org/PDF/09-19-05.pdf

[Chaco]

http://www.childrensrights.org/PDF/09-19-05.pdf

Okay, I can't get past this. I've tried to keep reading the other posts you've put up Dazee, but this one keeps haunting me. My thoughts are all jumbled and I've actually had to walk away from the computer to "rant" to my husband for a few minutes... poor guy.


The problems with this whole lawsuit are so numerous that I don't even know where to begin! It's best not to even start the rant of details!

What will the outcome be of this lawsuit? MORE CRAP!!! MORE CRAP!!! MORE CRAP!!! MORE CRAP!!! MORE CRAP!!! Well, you get the idea.

I'm actually near tears here because I'm so frustrated by seeing this. Not even tears of sadness, but tears from ANGER. Huge difference.

Why am I so upset? Because I read THIS FORUM and I see (read) all the people here and EVERYTHING people are trying to do to actually MAKE THINGS BETTER! A person (me in particular) starts to get hope and see ways to HELP fight the fight. Maybe I can't help right away, maybe it will take a couple of years before I'm ready for what I know I'm capable of, but I know it can be done.

It's kind of like New Orleans this past month. They pump the water out but what good did it do? It just filled the city AGAIN. They're pumping it out and here comes another storm and BAM, it's back to square one. The only difference here is that Satan is more humane than CPS. Satan will stop dumping the waters so that New Orleans will get a chance to "catch up." I realize some say it's God's wrath, but I'm taking (a tiny piece) from the story of "Job" for the sake of argument.

Where are the Nebraska activists? Why doesn't somebody over there stop this? I'm not saying these children DON'T deserve compensation. THEY DO! But the changes they want to implement are what's so infuriating. They are taking the FUTURE children of Nebraska out of the frying pan and throwing them into the fire. It's nothing but a losing situation EXCEPT for the ATTORNEY'S bringing this lawsuit... those FAH's!!! (use your imagination for what "FAH" means)

Sorry everyone, but I had to get that off my chest.

Chaco

[Dazeemay]

Yes, it is defeating and brings out the anger.

That is why I said that I am not comprehending some of the posts because my anger is in the way.

All I saw out of that lawsuit was the FAH's names being emblazened in the media.

What a good and wonderful thing they did; these wonderful noble lawyer knights.

Not to speak of the money they are going to get off of it. I truly believe they saw a loop hole for themselves to make money.

Where are the activists?

I ask myself where was I? I never looked into any of this. I bought the media lies hook line and sinker. Even though my own daughter was getting help from them I believed that if she dotted all of her i's and crossed all of her t's, which she did, then they would not touch her. I can't tell our whole story just yet, but I cringe and regret a thousand times a day of my lack of knowledge concerning these deadly people.

[Dazeemay]

Oh, yes! The crap!!!!

It will always be there and get worse and so I tell myself one parent at a time. I can help one parent at a time and maybe more when I get more knowledge.

[Chaco]

I ask myself where was I? I never looked into any of this. I bought the media lies hook line and sinker. Even though my own daughter was getting help from them I believed that if she dotted all of her i's and crossed all of her t's, which she did, then they would not touch her. I can't tell our whole story just yet, but I cringe and regret a thousand times a day of my lack of knowledge concerning these deadly people.

I'm sorry Dazee... it sounds like you're being too hard on yourself. You couldn't have known.

Personally, I've been planning on taking action for years now but didn't want to make any waves until my children were grown. Fear stopped me because I was aware of what they were capable of. I think that makes me incredibly guilty for being a coward.

Oh, yes! The crap!!!!

It will always be there and get worse and so I tell myself one parent at a time. I can help one parent at a time and maybe more when I get more knowledge.

Oh Dazee, don't sell yourself short. You're doing wonderful things! You're on the road to reaching thousands!

Imagine...

Doesn't it just give you a warm fuzzy all over?

This is why I come here... it's people like you who inspire and give hope of beating these people. You have ideas, GREAT ideas...

Sometimes it's frustrating, like the Nebraska lawsuit, but that just shows we can't let up for even a minute. Satan doesn't rest.

Chaco

[Bob_Lynn]

I know that Children's Rights, Inc. has filed suits in about a dozen states in the past 3 years. I believe all these suits were filed as class action suits on behalf of foster care children in each of the respective states. I also believe that the charges in these cases were failure to protect the children in the foster care system.

In the case of New Jersey for example, a class action suit was won and as a result, New Jersey was ordered to overhaul its entire CPS system. This led to the establishment of the Office of the Child Advocate who answers only to the Governor. This is supposed to be a state agency whereby people can complain about various CPS problems (abuses, excesses, etc.), it is not meant to be used to defend them though. Has that worked and been helpful to any degree? I don't have that information.

Have the reforms worked?

Well not really. 3 years later, they are running out of patience because many of the reforms are way overdue in accordance with a schedule and the federal courts are ready to step in once again.

Now I don't know what Children's Rights, Inc. is getting out of these suits if anything but I'm pretty sure their attorneys are not working pro bono. However, they do have to make a living and these cases are time consuming and likely very complicated. So I can't fault the attorneys for making money on this as long as it's reasonable and any other monetary damages won go to the right pockets (I don't know if that happens either).

I do see that these suits do bring the foster care problems to the attention of the media and that can't be a bad thing. What may be missing here (and I don't know if this is true) is that the individual cases that put these children in the foster care system in the first place should all be reviewed and of course, the children should be returned to their parents immediately if upon review, they are deemed to be bogus. The review process must be done by an independent committee though, stocked with the right kind of people, otherwise it is a useless process. This should be a key component of such a class action suit when won.

[Dazeemay]

What may be missing here (and I don't know if this is true) is that the individual cases that put these children in the foster care system in the first place should all be reviewed and of course, the children should be returned to their parents immediately if upon review, they are deemed to be bogus.

That is exactly why I get angry over these law suits. They do nothing for these children. The children still stay in the same position and their rights have not really been dealt with. No one goes in and takes a look at the hard facts of each child to see why they are in there.

It gets attention in the media and like Chaco said, "Where are the activists?" Yes, the lawyers should make money to make a living. But, what gets me is this group has done so many and no real outcome other than a flashing moment of media attention to the wrongs that cps does in the foster care system. No follow up to make sure the cps system does there job.

They get the money;the child is still incarcerated!! Why not do it pro bono if they really cared.

[Gary Shaw]

Childrens Rights just reached a settlement of their lawsuit here in Georgia. It did not go to trial. Only changes so far is Foster Parents got a small raise in compensation, the state is hiring 50 more caseworkers, and the state is ordered to revamp DFCS.

Gary

[Bob_Lynn]

The key here is the last piece, revamping DFCS. What all these states believe is that everything will be just dandy if they just hire more caseworkers. The idea is pure nonsense, it just feeds the fire by adding more people who can potentially harm children and destroy families.

If these people (everyone responsible from caseworker to judge) only followed the law TO THE LETTER, they could probably have to get rid of half their staff or more because there would be a hell of a lot less cases and a hell of lot less children in foster "care".

The child protective services laws are far from perfect and they certainly need to be reviewed, but the real basic problem is that these scum violate the law in virtually all cases and are allowed to get away with it.

[Gary Shaw]

Absolutely Bob, I have tried to make that statement several times but you do it better. That is the reason I posted the Georgia Facts a week or so ago and suggested an oversight group to make them accountable under the law. It would absolutely reduce the case loads and the number of workers required, by millions of dollars per year per state.

So many families would not be torn apart either.

[Bob_Lynn]

Absolutely and the enormous savings in taxpayer dollars could be used to provide better services to children and families who are really in need and I would bet that taxes could even be reduced to a degree.

Heads Held High tried to get an oversight committee established in Pennsylvania which is mandated by federal law anyway (ASFA). Several states don't have one and that is a violation of the Federal Spending clause, which in turn, according to case law, voids sovereign immunity protection for those states receiving federal funds under ASFA (they all do).

Anyway getting back to the point, the legislators agreed to a bill setting up the oversight committee but when the bill was finalized, it was over 500 pages long. I believe that was done on purpose and the bill is still sitting there gathering dust. And this puts me in a dilemna because the bill I'm working on is begging for the inclusion of an oversight committee, otherwise it may have no teeth.

This is just a warning to you that when you try to push something to these mostly useless legislators, they may placate you by playing political games.

[gideonmacleish]

I was a child where CPS was right to intervene.

But as right as they were in their intervention, they were wrong in their actions. You see, I suffer partial psychomotor seizures among other physical ailments, not to mention the emotional ones, from the abuse in the homes in which I was raised (parents divorced when I was four, both abusive). And yet, despite my repeated reportings to CPS, they returned me to the home. And never, not once, was a criminal charge filed (my father went on to become a respected minister). Simply put, CPS not only didn't have the tools to conduct a criminal investigation, they actually OBSTRUCTED justice.

I also saw the "foster farms" where foster children are farmed out for profit. I was warehoused in a back room that doubled as a storage room, and we were made well aware of the fact that we were there only to bring the family a paycheck. My money was misappropriated and I was scammed out of what I earned for myself (ok, so I was a sucker...but the point is, I was scammed by those who were supposed to PROTECT my interests). The foster father is now a member of the city council. Again, CPS obstructed justice.

Growing up in an abusive home is a tragedy no child should have to experience. But it is equally unreasonable to abuse children from homes with loving parents by removing them from their homes under the auspices of protecting those who WERE abused.

[sob900]

I know that Children's Rights, Inc. has filed suits in about a dozen states in the past 3 years. I believe all these suits were filed as class action suits on behalf of foster care children in each of the respective states. I also believe that the charges in these cases were failure to protect the children in the foster care system.

In the case of New Jersey for example, a class action suit was won and as a result, New Jersey was ordered to overhaul its entire CPS system. This led to the establishment of the Office of the Child Advocate who answers only to the Governor. This is supposed to be a state agency whereby people can complain about various CPS problems (abuses, excesses, etc.), it is not meant to be used to defend them though. Has that worked and been helpful to any degree? I don't have that information.

Have the reforms worked?

Well not really. 3 years later, they are running out of patience because many of the reforms are way overdue in accordance with a schedule and the federal courts are ready to step in once again.

Now I don't know what Children's Rights, Inc. is getting out of these suits if anything but I'm pretty sure their attorneys are not working pro bono. However, they do have to make a living and these cases are time consuming and likely very complicated. So I can't fault the attorneys for making money on this as long as it's reasonable and any other monetary damages won go to the right pockets (I don't know if that happens either).

I do see that these suits do bring the foster care problems to the attention of the media and that can't be a bad thing. What may be missing here (and I don't know if this is true) is that the individual cases that put these children in the foster care system in the first place should all be reviewed and of course, the children should be returned to their parents immediately if upon review, they are deemed to be bogus. The review process must be done by an independent committee though, stocked with the right kind of people, otherwise it is a useless process. This should be a key component of such a class action suit when won.

The "reforms" have not done any thing the only thing I have seen is DYFS taking liberties over peoples rights to protect their own butts. The director of DHS in NJ wanted to disband the review board for the terrible review they gave but a federal judge stepped in and blocked his action. Now I hear that the director of NJ DHS is stepping down. It is good that there is media attention but thry are missing the side of the story where rights are being violated and that is where I will do my part, by making it known to the media with research and evidence to back it up. I am going to start a web site and forum like this one called: adyfsinnj.org , DYFS being the division of youth and family services and adyfsinnj being a disservice to youth and families serviving in NJ.
Dan

[Bob_Lynn]

The "reforms" have not done anything because there have been no reforms in New Jersey that have any real value. I read this morning in the Star-Ledger that it was the Governor who went over the head of the director of DHS and asked that the review board continue for another 6 months.

Since you're in a neighboring state Dan, maybe we can join forces somehow, let me know.

[sob900]

The "reforms" have not done anything because there have been no reforms in New Jersey that have any real value. I read this morning in the Star-Ledger that it was the Governor who went over the head of the director of DHS and asked that the review board continue for another 6 months.

Since you're in a neighboring state Dan, maybe we can join forces somehow, let me know.

Yes you are right it was the Governor. And right again there havent been ANY reforms at all.
I'll join forces let me know if you come up with any thing.
There id already NJPAD here but they don't do squat.
Dan

[Bob_Lynn]

We have an advocacy group called Heads Held High, located in the Poconos. Our website is at http://www.headsheldhigh.org/

Do you have an organization or are you trying to do this by yourself? If you are doing this by yourself, you may want to consider starting an organization, assuming you know others in your area that may want to join you. I believe there are some people who have posted on our forum who are from New Jersey.

I will talk to the Chairman of Heads Held High next week (I will be out of town after tomorrow and will return Monday) and work out some possible arrangements.

[sob900]

Yes I am designing a web site with a forum similar to this one www.adyfsinnj.org A Diservice to Youth and Familys Serviving in New Jersey. Check ou NJs DHS web site and click on update to the child welfare reform plan. Its a BIG load of you know what.
Dan

[mousey]

I am from Nebraska. I have written and called Appleseed and know who they are. I have yet to get help from them. I am a Nebraska Activist, so here I am and ready to fight them even if I am just one. Of course God plus 1 is a majority. But if anyone from Nebraska wants to join the fight here I am. I am standing up to those in cps and HHS. I am poor, no money, nothing, be lucky if i have a place to live, but I will stand up to them till the day I die or Jesus comes for me. I have nothing but Jesus, but He is all I need.

[mousey]

And by the way, I have very seriously thought of taking my daughter and I to camp out on the Governors door step, let him see the poor like me in action and willing to stand up to them. Anybody game.