Friday, January 12, 2018

Reforming CYS

1. Appoint a special prosecutor to investigate corruption in the CPS system. This prosecutor should have the power to subpoena documents and witnesses and bring court cases against corrupt "child protection" agents or agencies.
2. Remove all immunity for CPS agents who behave unethically or illegally.
3. Repeal Hillary Clinton's Adoption and Safe Families Act of 1997, which created financial incentives for CPS to remove children and adopt them out. You can read more about ASFA here.
4. Make it a federal crime to falsely accuse anyone of child abuse to a state agency.
5. Allow those falsely accused of child abuse or neglect by a state agency or private citizen to recover punitive damages of at least $100,000 per false charge, in addition to any other compensatory damages are ordered by the court.
6. Require a warrant based on probable cause in order to remove children or enter a home unless the agents actually witness abuse in progress (the 4th Amendment requires a warrant for governmental searches or seizures.)
7. Require CPS caseworkers to wear dash and body cameras which are recording at all times.
8. Reform “medical neglect” laws to define “medical neglect” as neglect of life-saving medical care only -- not refusal to give children dangerous psychotropic drugs or other “psychological treatment.”
9. Pass laws which affirmatively declare that parental refusal to medicate children with psychiatric drugs cannot be construed as abuse or neglect in any circumstances -- and affirmatively prohibit CPS from investigating or contacting a family based on a complaint related to failure to medicate a child with psychotropic drugs.
10. Reform the “anonymous reporting” system. The 6th Amendment to the Constitution provides that criminal defendants must be allowed to confront the witnesses against them. Require reporters to provide their name and phone number to CPS -- and require CPS to reveal the name and phone number of reporters to the parents within 14 business days -- unless they can prove to a court of law that the name should not be revealed. Make it a criminal offense for educational, medical, or legal professionals to lie about their name or phone number to CPS.
11. Require anyone who reports abuse and/or neglect to CPS either over the phone or in person to swear under penalty of perjury that their accusations are true.
12. Require all medical facilities, including mental health facilities, to provide all medical records to parents within 7 business days.
13. Prohibit CPS agents from interviewing children without parental consent, and require a search warrant to examine or search children.

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