Ok, first of all, I wasn't hostile or attacking to anyone. Your own post sounds like 1 giant attack on me, when I don't even know you. If that's just a side effect of the internet I apologize, if not, I think you've severely mistaken my intent. As I said, I signed up to this forum so that I might be able to help the parents who are in the system by mistake, it has nothing to do with what I would do, unless you're asking a legitimate question about something.
How would you, a social worker, propose that victim parents fight a perpetrator social worker who commits civil rights crimes under color of law?
Document everything. Record every conversation, take notes, photos, and make sure you have a good lawyer, get a referral, don't just pick one out of a phone book. If you have to use a court appointed one, learn your rights, and make sure you know what the laws are, including that you can tell a judge you don't feel you're being represented well.
How would you, who works for a child welfare agency, propose that victim parents fight a perpetrator child welfare agency who commits civil rights crimes under color of law?
I didn't say that I worked in a child welfare agency, in fact I was very careful not to say what part of social welfare I do work in. For the simple fact that the content of this thread was about violence being threatened to people who are perceived to be the enemy, whether that is accurate or not.
How would you, who files a civil lawsuit in court against parents, help parents who are the targets of civil lawsuits in court filed by workers and agencies who have committed felony perjury?
Civil lawsuits are meant to recoup damages, not to take children away, maybe you're talking about criminal charges and proceedings in family court? A social worker can't just decide to sue someone to take their children, there are far more people involved in that decision. Their boss, there are rules that dictate what must happen for a child to be removed. Yes, that is based on the case worker who has the case, and if that information is incorrect, then there is a problem.
Unfortunately, unless you document everything you may not have proof that the case worker lied under oath. If you do have documents you can submit them as evidence to the credibility of that case worker. However, if you don't have documentation (and most people wouldn't) you're caught in a "he said, she said" argument, and unfortunately that won't swing your way. I that case, you should get public records to see if there are anymore complaints about that case worker, you can use those as a evidence. You can also use friends, family, teachers, and other professionals as witnesses to the care of the child.
How would you, as someone who separates children from their parents, help parents and children who are separated as a result of color of law civil rights crimes, felony perjury, and without court due process?
I just said that many social workers are now focusing on family preservation which is all about keeping the family together unless there are signs of sexual abuse or extreme physical abuse. I don't know where you got the impression that I said children should be taken from the home (unless there is severe physical/sexual abuse.) I would hope you would agree with that. Unfortunately, if there are case workers and social workers who are lying to achieve a separation they are wrong, and could/should lose their license.
How would you feel if you, as a "caretaker" under child protection laws, were to be falsely accused and not guilty of something? What if the national news headlines read, "Fightcps forum Social Worker" accused of child neglect, abuse, or murder?"
Unfortunately that does happen. When children somehow get lost in the system and are killed by abusive caregivers they have been fired, and sometimes been charged in the death. Since they were responsible for the case, and they lost the child. Those are workers that IMO should be prosecuted, they created the problem by not following through or contacting a supervisor about the problems.
If you're asking what I would do if I were falsely accused of something, you should re-read my 1st comment about what to do if you've been falsely accused.
What if the same policemen that you regularly work with, Officers _______ and ______ and _______ , falsely arrest you, as the result of a false allegation from an anonymous phone call, for the endangerment, neglect, abuse or murder of a foster child while the child is in your care, while you are facilitating a visitation for example?
See above statement.
And what if they then remove your own children without a warrant on Friday afternoon on a holiday week-end, and put them in foster care, even though you have relatives who could take care of them?
Children can't just be removed without some sort of proceeding and a type of document. If that has happened, you should address that with your lawyer.
Marina wrote:And what if the supervisor that you regularly work with, Ms. _________ , puts you on leave without pay while your case is being investigated?
That is irrelevant. You wouldn't lose your job based on that, anymore than if I was a coffee barista. True, duties might change, but you wouldn't be fired, at least not until the findings are proven.
And what if there is an inadequate investigation by the police Officer _______ and CPS investigator Mr. __________ who do not follow their own procedures, violating due process?
Again, since I am familiar with my rights, I would be pushing my rights as soon as this situation happened.
And what if they present false evidence in a civil petition, and withhold favorable evidence at a court hearing a week later?
They legally can't hold evidence from you. If you find out they did, that is grounds for a mistrial. That is the case in ANY law proceedings. You must disclose your evidence to the defendant.
And what if you are adjudicated guilty in Juvenile Court by Judge ________ under a plea-bargain at a preliminary hearing where your court-appointed lawyer Mr. _________ Esq. doesn't even let you be heard, doesn't let you present evidence, and doesn't let you have witnesses, thereby preventing any appeals?
1. If I wasn't guilty, I wouldn't plea. Simple as that. Doesn't matter what they told me, I wouldn't do it.
2. I've said if you don't feel your court appointed attorney is helping you can tell the judge that you don't feel you're being represented properly.
What if you feel slighted by the police, your supervisor, your co-workers?
Sorry, but feeling and being are 2 different things. If there is a an actual slight, and not just "I feel like it was unfair" you can make complaints with the state board of the case worker.
How would you feel if you tell people the names of the people that slighted you and then you are told that it would not help your case?
How would you feel if people tell you not to say anything because that would make you look guilty of what you are accused of, and can make you look worse?
Regardless of if you want to hear it, it's true. Does that mean you should not make reports? No, if you believe you have to, by all means do it. However, posting names in forums with no hard evidence, and asking for help with revenge is completely different. By that standard I could say that you stole my car, show no evidence, and just expect people to take my word for it.
How would you feel if your protests of innocence do not seem sympathetic to anyone involved?
The sad truth is that the system is set up to protect the children, whether or not you like the way it's done doesn't matter. As such, there is a bias against accused caregivers. Until some changes are made, there's not much you can do about that aside from finding more witnesses.
How would you feel if Juvenile Court adjudicates you guilty for murder, even though the criminal charges have been dropped or are pending?
Again, another legal question for a lawyer.
What if you have a case plan and your caseworker, Ms. ___________, who is your former co-worker, will not facilitate or authorize services, or answer your phone calls?
I wouild call her supervisor and tell them you can't get through. Document your calls and record them if possible.
What if this same caseworker denies you court-ordered visitation because you are not cooperating with services - counseling and drug testing, for example?
If that is what your agreement is, there is no way around it. You have to abide by that. If you don't there is no one to blame other than yourself. If you ARE completing those things, keep your own documents complete with signatures of those who do the drug testing, counseling, and other services.
And what if you find it hard to look for a new job, go to counseling twice a week, visit the kids in foster care twice a week, check in with your probation officer twice a week, and go to court with your parents who are trying to get temporary custody?
That is unfortunate, however if that is the agreement you made, you need to stick to it. Maybe talking with a free agency that will network and find you a job interview. They'll do everything but hire you, and since you sign up with them, at least it is progress in their eyes.
And what if the dishes and laundry don't get done because of all of this, the utilities get cut off, you lose your car, and you can't pay the mortgage because of all of this, and your former co-worker and caseworker, Ms. _____________ puts all this in the Foster Care Review court papers?
Well, honestly in that case, would you want your children to live in a home with no utilities? I'm not saying give up, I'm saying if things are that bad you might need to ask friends for help cleaning, go to private agencies for aid (like catholic charities) with utility bills, take alternating shifts with your spouse temporarily until your laundry and dishes are caught up.
And what if your therapist, Ms. _________, whose is payment is authorized by the ___________Dept of Social Services, testifies in court that you are a basket case and needs medication, which the Judge _________ orders you to take, even though it makes you sick and suicidal?
I would be documenting those sessions so I could show the judge that you were willing to take the meds until you became sick and/or suicidal. Don't ask that the therapist be thrown out the window, but ask for another one who will help you find the meds they think you need if they insist on it.
And what if you can't always get a ride to visitation, and counseling and to check in with your probation officer, and you get picked up for a PO violation and your parents have to bail you out of jail, and you can't visit your children because you missed your counseling?
You're asking a lot of questions that all amount to some serious issues. What if I can't pay my bills, and I'm accused of abuse, and I can't get a ride, and I get a PO violation. The problem here is that why are you violating PO? Is it because you missed a meeting with your officer? If so, that's a little different than "I had a PO violation" which could mean you knocked over a liqour store. If it's because of transportation, many cities offer free/reduced bus services to those in need. Many private agencies will give free bus passes to people who need it.
And what if your parents can't get custody of your children because they are drained financially and now you are living with them, so the children can't be there also because they are still under a protective order?
Move in with a friend so the children can live with grandparents. Even if that means sleeping on a floor. As far as finances, that's a different problem, there are private agencies that can help with that.
And what if your parental rights are terminated in ___________ Juvenile Court in yourtown, yourstate, USA even though you have completed all the services, you have financial stability, etc, and you lose your appeal, and your children are adopted separately by different families clear across the country?
And what if you are later found innocent in criminal court, but it still doesn't do any good because you are still guilty of a preponderance of evidence in juvenile court, even after an administrative and court appeal, all denied by former co-workers, hearing officers, the state's attorney and the judge that you know?
These are system problems that do need work, a good lawyer, and a change in policy.
And what if you can never work in social work again, even though you went to college for this, and you can never even work with children again because your name is on the child abuse registry in this state: _______ , and you have an arrest record even though you were not convicted?
That wouldn't happen, as it might happen you won't be able to work with kids, but it doesn't negate your degree.
What if your marriage is destroyed, you remarry, move to another state, find out you are pregnant, have night terrors about losing another child, and have to ask total strangers if you should have an abortion because of the state you live in?
1. States don't share info. You don't move across statelines and your record follows. Sure, it's on your personal record, but you're not in the CPS system at that point. I highly doubt that if you were wrongly accused once it would happen again. I agree it can be a fear, but you can seek help on ways to handle the fear.
And what if you name the people who maliciously and illegally did all of this to you and destroyed your life, and are told that your anger supports the notion that you have learned nothing by the ordeal?
HOW WOULD YOU FEEL?
WHAT WOULD YOU DO?
Whether you want to believe it or not, that is how people will look at it. Does that make it right? No. However, what I said wasn't that naming names would make people say that, I said that naming names on an internet forum looking for help with revenge would. Following proper and legal channels are acceptable, posting stuff on an internet forum isn't.
Edited because I had more to say.