Tuesday, June 12, 2018

Conflict of Interest as Caseworker Finds Another Kids for Cash Scam

Child Trafficking at it's finest.   SICK!!!
https://www.timesleader.com/news/706037/children-and-youth-working-with-nonprofit-to-recruit-foster-families

 

The Pennsylvania Family Integrity Act We Need to Get This Passed


The Pennsylvania FAMILY INTEGRITY ACT

An Act to support Pennsylvania families through Child In Need of Care proceedings which emphasizes placement with extended family, involves parents in the needs of the removed child, strengthens judicial oversight, further protects the child through an assignment of rights and promotes integrity of all parties.

Whereas This state holds as self-evident, the constitutionally protected right of privacy to parent one’s child and protect one’s family without government interference except where there is substantial risk that the health, welfare, or safety of a child is imminent.

Whereas The importance of family, family heritage, and the right for children to grow up living with and knowing their biological family and extended family is the foundation of this state. 

Whereas The removal of a child from their family and extended family should occur only as a last resort to protect the child and for no other reason.

Whereas Ignoring the fundamental and constitutional right to parent has long term, lasting, harmful effects on children, family and the community.

Whereas Placement in foster care causes known emotional trauma to children that is irreversible and such trauma must be avoided by use of family placement when circumstances present that prevent a child from safely living at home.

Now therefore:

Be it enacted by the Legislature of the State of Pennsylvania:

Obligations and Authority of the Courts:

The Court shall never lose the right to remove the child from a placement selected by the State agency notwithstanding any state law that gives the state agency the exclusive right to place child in any setting at their sole discretion.

No court shall accept a stipulation from a parent that compromises their constitutional right to parent, without fully going through the detailed stipulation, ascertaining the truth of the facts by affirmation, and informing the parent of the impact of the stipulation, including the obligation of continuing financial support due to the State and potential termination of parental rights on the record.

There shall be no secret or ex parte communication with the court by agency attorneys, court appointed special advocates, guardian ad litems, attorney ad litems, or otherwise prior to or during an investigation or prosecution, including any filing with the Court.

Obligation of State Agency and those appointed by the State:

The State must make appropriate notifications to parents, so as not to violate the Constitutional Rights of any parent subject to investigation or prosecution.

Each parent involved in an agency investigation or court proceeding shall be provided a copy of every court document, agency record, evaluation, drug screen, report, medical record, and any other documents filed, used, or related to their case regardless of the source of the document within ten days of the creation of the document.

Each parent shall be provided a copy of all interviews, whether taken of children, witnesses, or professionals and whether documented by note taking, audio, or video recording, regardless of the source conducting the interview (including CASA workers and GALs) within ten days of the interview.

 No state agency shall “indicate” or otherwise ascertain the status of a parent as an abuser of a child without a full evidentiary hearing specific to the matter of placing the parent on the public abuse registry and obtaining a ruling from the Court that the case warrants listing on such a registry.

No parent shall be placed on ANY publicly accessible list for indicated child abuser prior to a full evidentiary hearing and all Appeal options have been exhausted.

Court appointed advocates and guardian ad litems shall not interview children without the express permission of the parent and must make video or audio record of those interviews which shall be subject to discovery.

The removal from the home must include an articulable, immediate threat of serious harm. The facts of which shall be verified and the source of all information shall be disclosed if the same is to be used against the parent without independent investigation and confirmation.

In the event the State moves for removal of a child, the State will seek out of home placement with immediate, or extended biological family, which provides the highest level of emotional stability for a child facing removal from their parent(s) and primary home. Foster care can only be used as a last resort.

In the event of removal from parents, that State shall not automatically enroll the child in Medicaid but must obtain insurance coverage information from the parent and where medical coverage provides for adequate medical care then the child shall remain solely on the private insurance plan and continue services with the primary care and other physicians that have treatment history with the child for the purpose of continuity of care and to provide the Court with a comprehensive medical history on child, before and after removal.

Foster care placement in emergency situations may occur but shall end within 12 hours upon notice by parent of named family or friend placement under Parental Rights Section V-2. Should the State oppose such placement, the State must file for an Emergency Hearing and provide a Sworn Affidavit that outlines the reasons for such opposition and demonstrate that it poses an articulable and serious threat of harm to the child so that the Court can determine if foster care shall continue or if parents desire for family or friend placement will be upheld. The hearing must take place within 10 calendar days of the removal or the State must comply with the parent’s selection for placement.

No attorney shall accept a court appointment for representation unless they are trained in defending parents and have secured liability insurance for negligence in their representation. Any attorney who accepts an appointment is verifying his competence in that area of law. Said counsel have no immunity.

No immunity shall be provided to court appointed special advocates or guardian ad litems as they are expected to maintain integrity, competence, and knowledge and to serve in their capacity without bias or prejudice. They shall also be expected to secure liability insurance for their respective negligence. They shall also be subject to liability under civil rights litigation and intentional torts.

Any state agency employee who is found by the Court to have knowingly, willfully, or recklessly misrepresented any fact to the court shall be immediately removed from working on the case and the State shall refer the complaint to the District Attorney’s Office for review and prosecution, as appropriate. Any parent may raise this issue with the Court by motion indicating where and how the false information was provided or used and supported by affidavit of the parent describing how said information was false.

All agencies, guardian ad litems, court appointed special advocates, and attorneys shall preserve all communication, including electronic. There shall be no attorney client privilege for the communication of court appointed special advocates regarding their investigation and all records shall be provided to the parents within five days of written request. There shall be no attorney client privilege for the guardian ad litem regarding the investigation and prosecution in any court action. Their records and communications shall be provided to the parents within five days of written request.

Requirements that are imposed upon a parent shall be in written form indicating all necessary information for the parent to achieve the required task within a date certain.

No agency or appointee by the State shall require or demand anything of a parent that is not fully documented and approved by the Court.

Services shall not be provided by the same contractor who shall have competing interests in the outcome of any investigation or litigation regarding the constitutional right to parent, i.e. no foster care agency who profits from the placement of children in foster care shall serve as an agency providing family preservation services as to do so it a direct conflict of interest.

Children’s Rights:

To have the Court preserve the child’s ability to remain with their parent when allegations made fail to show an articulable and serious threat of harm exists, understanding that removal from parents is known to cause substantial psychological harm to a child.

To have the Court preserve the child’s ability to remain with biological family, extended family and family friends when remaining at home with their parent is not possible.

To have the Court assure that foster care is only being used as a last resort and not as a primary placement.

To be protected from coercion and threat used as a tactic to elicit information from the child.

To be protected from anyone attempting to make the child feel unwanted or unloved by the parent.

Children shall not be interviewed without the permission of their parent unless the agency has clear articulable evidence of a serious threat of harm to the child. In the event, the agency shall seek a court order, documenting the facts by affidavit to justify this intervention and the interview shall be conducted in the presence of an adult not associated with the Department.

Every child interview shall be recorded by audio or video recording and maintained by the department. If video is not available then the department must allow the parents attorney, or in the case the parent is not represented, a witness of the parents choosing to be available during the audio recorded interview. Interviews must be provided to the parents and their legal counsel or to the parent if acting in their own defense within ten days.

Interviews shall be conducted by a person licensed and trained to conduct forensic interviews of children. The interviewer is required to inform the child being interviewed that he/she is not required to talk to the state agency worker or law enforcement.

Should the case require removal of the child and the parent of the child makes no recommendation for placement OR the parent is deceased, unable or unavailable to make a recommendation then a biological family member who can demonstrate they were an active participant in the child’s life will be given primary consideration for placement via Petition for Custody to the Court. Barring the State’s ability to prove to the Court that such placement with the biological family member filing the petition poses an articulable and serious threat of harm the State will be required to make biological family placement.

Any child removed from a home shall have the maximum amount of time possible of continued contact with their parent during the term of removal. The Court shall ensure that the parent’s time is maximized. Failure to do so shall be considered a final order and is a basis for immediate review by a higher court.

All appellate reviews in cases involving the removal of a child from a parent shall be expedited and the court shall clear their docket to accommodate the hearing schedule at the pleasure of the parents and their attorney.

The agency and the Court is required to assess any parent for disabilities which would qualify them for protection under the American with Disabilities Act. Upon such assessment, the parent shall be provided reasonable accommodations for parenting which shall include the active participation by family members to assist in parent responsibilities.

Parents’ Rights:

Each parent is entitled to be informed that they have a Fourth Amendment right against unlawful search and seizure before any government agency worker or law enforcement can enter their home and that they have the absolute right to refuse entry and to refuse to be interviewed. Each waiver shall be in writing, signed by the parent, and a copy provided to the parent. No parent shall be threatened or coerced into allowing entry into their home or interview of themselves or their child for failing or refusing to waive those rights.

Parents shall have the right to video and audio record all interviews, meetings, contact, and hearings, whether agency of court hearings, as a matter of record and they shall be advised of their right to do so prior to the commencement of the proceeding. The unavailability of a recording mechanism shall constitute grounds for continuance upon request of the parents or their counsel.

Each parent at risk of losing the right to the care and custody of their child through intervention of a state agency has the absolute right to select a caretaker for the child which shall be approved by the Court absent a showing that such placement poses an articulable and serious threat of harm to the child. This placement shall not revoke the parents’ superior right to parent.

Each parent shall be informed, in the event of foster care placement, if the foster parent intends to seek adoption of their child.

No parent shall be taxed with fees and costs of court appointed attorneys and guardian ad litems in an amount that exceeds the state approved payment of fees for indigent parents.

No parent shall be required to pay child support to the state when a child is placed in custody. Any parent who directs their funds to the hiring and retention of counsel instead of making payments of support to any third party, shall not be punished with contempt nor shall the failure to make payments be a basis for termination of parental rights whether to the state or a third party.

No parent shall have their right to parent interfered with without a showing beyond a reasonable doubt based on expert testimony that the child has been subjected to substantial harm.

No parent shall have their right to parent interfered with on basis of predictive negligence or predictive abuse.

So long as a parent has parental rights, the parent is entitled to notice and to attend every medical appointment of the child. The parents are also entitled to the child’s records within ten days of the treatment or assessment. A parent is also entitled to all mental health and counseling notes and records of the child within ten days of the treatment or assessment. A parent maintains the right to oppose treatment and may seek an intervention by the Court for alternative treatment, including medication and therapies. The Court will allow the parent to seek alternative opinion for the care and treatment of the child for good cause on a preponderance of evidence standard. The parent will have access to the child and all records for this purpose. The state will pay for the alternative review unless the Court finds that the parent is abusing the process.

All parents have the right to rebuttal expert testimony which shall be paid up to the state allowed level for criminal felonies. Parents shall not be restricted to seeking experts within a limited geographic area.

My Name Is Not “Respondent Mother”: The Need for Procedural Justice in Child Welfare Cases

My Name Is Not “Respondent Mother”: The Need for Procedural Justice in Child Welfare Cases

June 6, 2018

A Parent’s Day in Court

You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.
You get past security, nervously looking at your watch. The hearing starts at 8:30 a.m. The courtroom is packed – with other parents, caseworkers, lawyers, foster parents, relatives – all ready for their cases to be heard.
Time passes slowly. You sit alone. While you see other people on your case talking to each other, no one approaches you, not even your lawyer. You have many questions about this hearing but don’t know who can answer them. The longer you wait, the more anxious and afraid you become. The nerves start kicking in. You just want your children home.
The clock reads 9:30 a.m. Abruptly, the judge walks in, everyone rises, and the proceedings begin. No one apologizes for the delay. Next, a flurry of activity, none of which you understand. Lawyers move around the courtroom, parents are crying, papers are distributed, hearings conclude. A new case is called. This pattern repeats until the clerk says your children’s names. You nervously move forward.
The professionals on your case introduce themselves. The person beside you – whom you’ve only spoken to briefly – introduces himself as your lawyer. You discover another person – whom you’ve never met or spoken to – represents the best interests of your children. You have so much you want to share and understand. Why is this all happening?
After the professionals introduce themselves, the judge – without looking up – asks: “Will the Respondent Mother introduce herself?” Those words sting: “Respondent Mother.” You feel like a criminal. Your identity is reduced to a label, to something other than a person. You raised your children. You have a name, but no one uses it.
Suddenly, the hearing is over. The foster care worker and the children’s lawyer recite the bad things cited in the petition – things that don’t completely reveal the truth – but neglect to tell the judge what was going well for your family. Your lawyer mutters a few words but says little because he doesn’t know the case and has never spoken with you outside court.
You want to speak but your lawyer tells you to be quiet. You have so much to share: you read to your children every night, got them to school every day by yourself, took them to their grandparents’ house to play with their cousins. Now you can’t do these things. Now you’re just a “Respondent Mother” who no one wants to hear from.
After the professionals speak, the judge quickly says the children will remain in foster care and sets a court hearing months later, without asking about your schedule. Everyone hurries from the courtroom. The clerk hands you a court order, which your lawyer says lays out everything you need to do. He then hurries off.
You look at the paper, a pre-printed form with boxes checked and legal jargon you don’t understand. Confused, you look around for your lawyer. He’s working on another case, one of many he is assigned to that morning. You leave feeling dejected, hopeless, and angry: What happens now? When will you get your children back? Will your cell phone be under the bushes? You never want to go to court again.

How Many Parents Experience Court: Myths and Realities

Over the past 15 years, I’ve represented hundreds of parents and children in the child welfare system. During that time, the practice has become more professionalized, with more qualified practitioners wanting to enter the field. New interventions to better support families have emerged and innovative laws to improve outcomes for families have been introduced.
While courts have focused on what they should do, they’ve paid far less attention on how they should do it, particularly as it relates to how parents experience the child welfare process. As a result, parents frequently feel left out of the process, feeling even more hopeless about their prospects of getting their children back after the court process begins. One parent’s description typifies the feelings of many:
When I arrived at court that morning, I was told this is my lawyer. My lawyer sat down with me for five minutes, asked me a couple of things, and told me to admit my drug addiction. I didn’t know anything about a fact-finding hearing. I wasn’t told what my rights were. I wasn’t told the procedure of the court. I didn’t have any idea what was happening, and I was very much afraid, because the important thing in my life had just been lost.
This sentiment, felt by parents experiencing the child welfare system all over the country, makes me wonder whether the court process is by design. Maybe it makes sense for three reasons: 1) to punish parents who have done horrific things to children; 2) to motivate parents to address their deficiencies through harsh treatment; or 3) to allow children to live in a foster care system that better meets their needs. Yet, when we explore each of these possibilities, the evidence clearly calls for a different approach.

Most child welfare cases involve parental neglect not horrific acts.

Contrary to public perception, most child welfare cases do not involve parents who have committed horrific acts against children. In 2016, roughly 75% of maltreated children suffered from neglect, not physical or sexual abuse.1 Neglect includes a broad array of conduct, much of which is influenced by a family’s poverty, including a lack of food or clothing, homelessness, or parental substance abuse. In contrast, just 11.1 % of cases involved physical abuse, and even less – 6.6% - involved sexual abuse.2
Recent studies documenting the link between poverty, neglect, and the role of supportive services support these data. For example:
  • One study found that children – substantiated as being neglected – who were involved with a Head Start program were 93% less likely to enter foster care.3
  • Another study discovered that increasing the minimum wage by $1 would reduce the number of neglect referrals to Child Protective Services by 10%.4
  • National data indicates that 10% of all children in foster care go home within weeks of their initial removal, most within days.5
Unsurprisingly, given the close relationship between poverty and neglect, studies have also shown that two determinants of how quickly a parent can regain custody of their children are whether 1) they have housing, and 2) whether the system forces them to pay the costs of their child’s stay in foster care.6 These studies and data rebut the notion that most parents in the child welfare system are “monsters” who should never get their children back.
Further complicating the prevailing narrative of parents in the child welfare system is that most parents have themselves suffered immense trauma in their lives. The National Child Traumatic Stress Network reports that while “judges and attorneys who work in the child welfare system are well aware that many of the children in the system have experienced trauma, less well recognized is that the birth parents of these children often have their own histories of childhood and adult trauma.7Parents are often victims of domestic violence or human trafficking, youth who aged out of foster care, or individuals who suffer from disabilities, including untreated mental illnesses.
While much work in recent years has focused on the trauma children in foster care experience, little has been done to identify and treat the trauma histories of birth parents. Even in many of the most serious child abuse cases, close investigation often reveals the parent himself was severely maltreated as a child. In short, very few child welfare cases involve parents who have done such monstrous acts that they deserve a court system that strips them of their dignity.

Court compliance is higher when parents are treated fairly.

Perhaps our systems employ harsh tactics to motivate parents to comply with court orders and quickly address their needs to get their children back. Again, research does not support this logic.
Numerous studies show that when courts employ procedural justice – a system that treats litigants fairly – litigants are far more likely to respect the process and abide by the court’s orders.8Surprisingly, although an individual’s willingness to accept a court decision is shaped somewhat by whether he or she agrees with the outcome, research also shows that agreeing with the outcome is not the major factor shaping a litigant’s acceptance of the decision or satisfaction with the process. Instead, both trust in the motives of authorities, and judgments about the fairness of the process they use are stronger influences on acceptance and satisfaction than achieving a particular outcome in a case.9
In assessing what procedures are “fair,” litigants look to four key factors: voice, respect, neutrality, and understanding. Procedures that permit individuals to present arguments and to exert control over the process are deemed just whereas those that silence litigants heighten feelings of mistrust. Central to these findings is a person’s need to have his story told, regardless of whether the telling will ultimately impact the case outcome. Fairness is also enhanced by adequate legal representation and confidence that the decision maker is neutral and unbiased. Additionally, courts that reaffirm one’s self-respect and treat people politely while respecting their rights earn the trust of those before them, regardless of the substance of the orders they issue.
As noted above, the satisfaction of litigants is crucial because research shows greater satisfaction in the process significantly increases the likelihood that litigants will comply with the mandates of authorities, even when those authorities are taking actions that may harm the interests of those individuals. This result is particularly salient in child welfare cases in which a finding of neglect only represents the beginning of the case. Ultimately, the outcome depends largely on the willingness of the parent to work with the stakeholders, including the court. Parents must comply with case service plans and court orders to secure the child’s return home. Satisfaction with the process helps child welfare authorities work with parents to accomplish the objectives in the treatment plan. In other words, creating a court system that is impersonal and treats parents poorly only undermines the goal of getting kids home quickly.

Children have better outcomes when raised by family.

Even if a harsh, impersonal court system undermines getting kids home faster, perhaps we can accept that result if foster care is an acceptable substitute that adequately meets children’s needs. Research shows otherwise.
Upon their initial removal from their parents, children are immediately traumatized by the foster care system. Research shows the removal process itself threatens the well-being of children by creating painful and unresolved ambiguity in many aspects of their lives, including where they will live, when they will see their families, and what the future holds for them.10 The pain created by this ambiguity is exacerbated by the realities of the foster care system, in which children are routinely moved between homes, forced to change schools, and see their siblings or parents infrequently. Unsurprisingly, children raised by the foster care system, who eventually age out when they reach adulthood, face a high risk of unemployment, incarceration, young parenthood, homelessness, or death.
Studies consistently find better outcomes for similarly situated children living at home than those entering foster care --
  • One study found language development of children in foster care was delayed compared to that of children who remained with their mothers.11
  • Another study found children in foster care developed more significant behavioral problems than similarly maltreated children who remained at home.12
  • A comprehensive study by an MIT economist – looking at outcome data for 15,000 kids – concluded children taken from their families and placed in foster care fared worse in life than similarly maltreated children who were simply left with their families.13
Given these realities, child welfare advocates must think of foster care as a potent medicine with incredibly dangerous side effects. That is, foster care is a toxic intervention that should only be used to treat the most serious cases. Think of it as chemotherapy for a cancer patient.

 

Building a Court Process that Support Parents

Considering the evidence that parents are far more likely to commit neglect than horrific acts, they are motivated by fair treatment, and their children have better outcomes when raised by family, how do we construct a court process that builds on this knowledge?
Consider these three examples to understand how courts might function differently:
  • A judge in Washington State, before hearing from any professional, begins each court hearing by asking the parent how she is doing and how things are going.
  • A judge in Nevada inquires whether the court date he wants to set works for the parent, and encourages that parent to inform the court if the parent later learns that the date does not work.
  • A judge in Michigan requires prison officers to unshackle incarcerated parents, in prison for nonviolent crimes, during court hearings.
In each of these examples, jurists, taking small steps, send a powerful message that what parents say matters, that their appearance in court is vital, and that their dignity will never be taken from them.

Action steps

What follows is a list of actions you can take to start building a new child welfare court process, one that seeks to connect with parents by giving them a voice, ensuring their understanding of decisions, reaffirming their confidence in the process and preserving their dignity.
  • Allow litigants to bring phones into the courthouse or provide free storage areas.

  • Create a welcoming courthouse/courtroom environment (e.g., family-friendly waiting room).

  • Clearly state the court’s rules in a respectful and transparent manner.

  • Display artwork to make courtroom more family-friendly.

  • Start court hearings on time. Provide an estimate of wait times.
  • Apologize for lengthy delays.

  • Introduce yourself by name.

  • Address parents by name (not “mom,” “mother,” or “respondent”).

  • Personalize interactions – make eye contact.

  • Use open-ended questions and listen to answers.

  • Ask parents and youth to repeat back their understanding of key decisions.

  • Write information, such as the requirements of a treatment plan, on visible dry erase boards in addition to stating them out loud.

  • Provide an opportunity for parents and youth to address the court directly.

  • Consider allowing parents and youth to speak first at hearings, before the professionals report on the family’s progress.

  • Explain how and why decisions are made (e.g., why can’t a child return home).

  • Avoid the appearance of favoritism.

  • Acknowledge unfairness.

  • Situate the judge’s bench at eye level.

  • Create courtrooms where the parties, judge, and professionals are seated in a circle.

  • Seek regular feedback from families about the court processes.

  • Schedule court hearings at times convenient for families. 
      
  • Provide parents with a written copy of the court order after each hearing. Ensure orders are written in a manner that conveys the key pieces of information to the parent, including the requirements of the treatment plan.
  • Minimize ex parte removal orders.
  • Conduct robust removal hearings before a child’s removal.
  • Forge relationships between foster and birth parents.
  • Involve birth parents when children are in foster care.
  • Preserve positive relationships between children and their parents whenever possible and terminate parental rights only when absolutely necessary.

If your jurisdiction has taken other steps, please share them with me at vss@umich.edu. Together we can construct a child welfare system that supports parents, heals and not hurts families, and ensures that children can safely remain at home.