Why Child Protective Services Needs Transparency Now

[Todd]

In April 2013, police officers and a social worker from Sacramento County's Child Protective Services entered the home of Anna and Alex Nikolayev and took their baby, Sammy, away from them. They had no warrant.


http://www.youtube.com/watch?v=qX4is-1e2KI#at=138



http://www.informationliberation.com/?id=44684

What they'd done was, basically, kidnapped our child with the help of police," says Alex Nikolayev. The young, first-time parents were not notified of where Sammy was being taken and wouldn't find out for a full 24 hours. According to the Nikolayevs, the dispute stemmed from the parents' desire to obtain a second medical opinion before subjecting Sammy to major heart surgery.

The Nikolayev's story made national headlines thanks to footage from a camcorder Anna Nikolayev set up on the kitchen table. It also caught the attention of California Assemblyman Tim Donnelly, who spearheaded an audit of the agency.

"The secrecy by which CPS operates is a massive problem. Because when you have secrecy and unchecked power, you have a recipe for corruption and abuse," says Donnelly.

The secrecy surrounding CPS stems from the nature of California's juvenile dependency courts, which only allow limited press access and seal all court records. While media and other interested parties can petition the court to open the records, this can be a lengthy process and by no means guarantees results. ReasonTV petitioned the court to open the records in the Nikolayev's case and, almost two months later, we have still not received a ruling from the judge.

The issue of funding is one that many critics of CPS are quick to raise, most prominently and frequently by the late Georgia state senator Nancy Schaefer. While the funding incentives for any government agency are complicated and seemingly impossible to divine, Orange County Social Services Agency Director Michael Riley, who oversees Orange County CPS, testified in a deposition related to Hardwick's case that putting more children into the foster system can boost the agency's budget.

"Let's say you spend ten dollars a year. So, then, for the following year, your base then would be ten dollars," says Riley. The lawyer questioning Riley then points out that failure to use the entire base would result in a lowering of the base for the next year. He then asks Riley if the funding stream is tied to how many children they bring into Orange County's children's home, Orangewood.

"It's tied to the number of children we have in the foster system," says Riley.

We reached out to both Sacramento County and Orange County Social Services Agencies in the production of this story, and representatives with both were happy to talk with us. However, because of the closed dependency courts, neither representative could comment on details of specific cases. The absurdity of this charade reached such heights that Sherri Heller, who runs Sacramento County's Health and Human Services, told us that she could not even confirm nor deny that Sacramento County CPS was even involved in the Nikolayev case, despite widespread reporting and video evidence that it was. It's not just parents and children who suffer from the secrecy. CPS workers and their managers say they are not happy about this situation either and feel that more openness and transparency would help them to communicate their side of the story clearly.

"Most of us in this field are eager for the public to understand what happened and why," says Heller. "It is a source of great dismay to us when we are accused of hiding behind the confidentiality law."

In the immediate wake of the Nikolayev case, parents gathered in Sacramento to support the audit and testify in front of the audit committee. The audit is set to proceed in the next few months, and the auditor will choose three county agencies to examine. But for parents like Deanna Hardwick, who's experienced the power of this agency first-hand, a state-level audit is just the beginning of a broader movement towards transparency and accountability.

"Once the American people are able to be made aware that this is going on, I think that will be a real step forward towards making sure that there's accountability and making sure that the agency is working towards keeping families together rather than separating them," says Hardwick.

[fisharmor]

I have yet to hear of a single case where CPS was used positively.

Transparency is not what's needed.

[shane77m]

Seems like people would draw the line towards government intrusion when it comes to their children.

[Origanalist]

I have yet to hear of a single case where CPS was used positively.

Transparency is not what's needed.

/ thread

[ZENemy]

IS it time to admit its time yet?

[aGameOfThrones]

CPS group meeting: ok people, go out there and get some kids today, yeah! Kid quotas.

[Contumacious]

Why Child Protective Services Needs Transparency Now .

Did you mean to say "Why Child Protective Services Needs abolishment Now "?

.

[Philhelm]

This could have been my family, as my daughter had to have heart surgery shortly after birth. In my case, I did not ask for a second opinion, but I could have and should have the right to do so. If it were me, and I were in a position to do such, I would have killed the intruders in defense of my home. Survivors would be burned alive.

[better-dead-than-fed]

The Nikolayev's story made national headlines thanks to footage from a camcorder Anna Nikolayev set up on the kitchen table. It also caught the attention of California Assemblyman Tim Donnelly, who spearheaded an audit of the agency.

"The secrecy by which CPS operates is a massive problem. Because when you have secrecy and unchecked power, you have a recipe for corruption and abuse," says Donnelly.

The secrecy surrounding CPS stems from the nature of California's juvenile dependency courts, which only allow limited press access and seal all court records.

Secrecy invites corruption. A camcorder made all the difference for these people. In my own experience, my own tape-recordings of CPS-types made all the difference in court -- not because the judge cared about the truth, but because he knew the recordings would end up on YouTube if he didn't do what was right. And the more recordings there are of CPS misconduct, the more people will take seriously the idea of abolishing CPS. See also:

http://www.ronpaulforums.com/showthread.php?424245-Psychiatrist-Steals-People-s-Babies-Raising-quot-Concerns-Regarding-His-Fitness-To-Practice-quot

[shane77m]

This could have been my family, as my daughter had to have heart surgery shortly after birth. In my case, I did not ask for a second opinion, but I could have and should have the right to do so. If it were me, and I were in a position to do such, I would have killed the intruders in defense of my home. Survivors would be burned alive.

Everyone has their line in the sand.

Mine is my children. The state did not giveth and the state cannot taketh away.

[jkob]

I have yet to hear of a single case where CPS was used positively.

Transparency is not what's needed.

Do you work for CPS or know anybody that does? How could you say that? Do you honestly believe that they go around taking children from loving parents to fill quotas?

[better-dead-than-fed]

Do you honestly believe that they go around taking children from loving parents to fill quotas?

This is what I observed and recorded when dealing with state-paid psychiatrists. That is what you can observe for yourself here:

http://www.ronpaulforums.com/showthread.php?424245-Psychiatrist-Steals-People-s-Babies-Raising-quot-Concerns-Regarding-His-Fitness-To-Practice-quot

The propensity of government employees to destroy lives when allowed to act out of public view is exactly what motivated civilized society to demand that criminal trials be held in public.

Here you can see psychiatrists bullying the idea of having their professional conduct recorded:

http://www.reddit.com/r/Psychiatry/comments/1k6uoh/am_i_expecting_too_much_from_my_psychiatrist/

Why do you think they are against accurate records?

[jkob]

This is what I observed and recorded when dealing with state-paid psychiatrists. The propensity of government employees to destroy lives when allowed to act out of public view is exactly what motivated civilized society to demand that criminal trials be held in public.

Confidentiality works both ways, would you want your dealings with CPS to be public record? Not every case is black and white between people who did nothing wrong and people who should have their children removed, there is a whole spectrum in between.

[Christian Liberty]

Anything that needs to be done to protect children should be done at the state or local level. Not by the Feds. CPS needs to die, not merely to be more transparent.

[thoughtomator]

The highest levels of government are dens of pedophilia and the various "Child Protective Services" agencies are the main supplier of victims.

http://newsok.com/missing-78-children-from-oklahoma-department-of-human-services-custody/article/3871014

[better-dead-than-fed]

Confidentiality works both ways, would you want your dealings with CPS to be public record?

I would want the option. I would want to possess a complete and accurate record of my dealings with CPS. If I didn't want it public, I wouldn't make it public; but if I did want it public, I should have that option.

When I told a judge that I wanted my dealings with psychiatrists to go on public record, the judge resisted to the extent he was able. His concern was not my privacy; it was clear that I wanted the records to be public. His interest was in covering up the truth. Similarly, these CPS-types are interested in covering up the truth, even when patients want the truth to be public record:

http://www.reddit.com/r/Psychiatry/comments/1k6uoh/am_i_expecting_too_much_from_my_psychiatrist/

[jkob]

Anything that needs to be done to protect children should be done at the state or local level. Not by the Feds. CPS needs to die, not merely to be more transparent.

CPS receives federal money and there are federal laws pertaining to it but it is run by the states and local municipalities.

[RockEnds]

http://en.wikipedia.org/wiki/Nancy_Schaefer


Nancy Schaefer (28 June 1936 – 26 March 2010[1]) was an American politician and conservative activist, who served in the Georgia State Senate from 2004 to 2008.

(snip)

Schaefer died at her home near Turnerville in Habersham County on 26 March 2010 with her husband of 52 years, Bruce Schaefer. Police concluded the deaths to have been a murder–suicide perpetrated by her husband.[2][8][9] Before her death, she published and promoted the report "The Corrupt Business of Child Protective Services",[10] leading to conspiracy theories surrounding her murder.[11]

http://fightcps.com/2008/02/29/report-of-georgia-senator-nancy-schaefer-on-cps-corruption/

[better-dead-than-fed]

Here is a judge doing all he can to prevent the public from witnessing for themselves the conduct of state-paid psychiatrists:



THE COURT: ... I am toying with the idea of having an evaluation. ... Are you with me so far?

THE DEFENDANT: I hear you.

THE COURT: I know you hear me. Are you going to cooperate with the evaluation?

THE DEFENDANT: Please clarify what you mean by "cooperate".

THE COURT: Answer the doctor's questions, not be obstructive, be free, open.

THE DEFENDANT: ... generally that would be my intent.... But... that's on the condition that my discussion with the psychiatrist could be tape recorded for the sake of creating an objective record... that would prevent any disputes from even arising... as to the words that were exchanged between --

THE COURT: My guess is no psychiatrist is going to agree to that.

...

THE DEFENDANT: This tape recorder thing is real important to me,... because in the past... some of these psychiatrists have asked me for bribes, which I refuse to pay, and that was a single instance. That's not, like, happening every time, but what's happened a lot, is that my statements have been misrepresented. It's too easy for me to say one thing and a psychiatrist, either because of incompetence or some -- any other reason, a psychiatrist can too easily write down that I've said something [different]. There is no witness to controvert his allegations if he misrepresented my statements. He can make anyone look like an idiot or a lunatic. A tape recorder is a simple device that could keep everyone honest....

THE COURT: If the doctor agrees to have a recording, I don't care, frankly, but it's between you and the doctor, frankly. ... -- transcript (https://docs.google.com/file/d/0B5ZYXb_HdIQhdFBxeVYtRG5DVDQ/edit?usp=sharing), pages 45 - 48

This lack of transparency, and similarly with CPS, invites widespread corruption and incompetence.


The traditional Anglo-American distrust for secret trials has been variously ascribed to the notorious use of this practice by the Spanish Inquisition, to the excesses of the English Court of Star Chamber, and to the French monarchy’s abuse of the lettre de cachet. All of these institutions obviously symbolized a menace to liberty.

http://scholar.google.com/scholar_case?case=2004315850814366936

[Contumacious]

The lack of transparency here (and very similarly with CPS) invites widespread corruption (and incompetence).

Child Protective Services: CPS & Police Abuse Constitution, Invading Homes, Kidnapping Children, Ignoring Courts, and Criminalizing Americans. Polygamist FLDS Raid Sheds Light on More Cases.

.

[willwash]

During and after law school, my pro bono cases will include helping people fight these monsters.

[jkob]

Is there more to what you posted in the link? The court sounds very reasonable in what you posted.

[better-dead-than-fed]

Is there more to what you posted in the link?

If you click the link, it shows more. That's the whole thing about links.


The court sounds very reasonable in what you posted.

If that is a reasonable way to administer justice, why not leave it up to police and prosecutors to decide whether trials should be public? Why not re-instate the Star Chamber (http://lmgtfy.com/?q=star+chamber)?


Justice may not be done in a corner nor in any covert manner.

http://scholar.google.com/scholar_case?case=10435299198962904746


[Publicity is] the soul of justice.

http://scholar.google.com/scholar_case?case=16510196517327503109

[devil21]

Whole lot of money being made in the CPS business. They take a child, run it through the closed court system, force you to pay for everyone's legal bills, then keep the kid anyway and "sell" it to the highest bidder. CPS cases are worth tens of thousands of dollars to attorneys, court staff, CPS employees, etc. This is why they go after families like in the OP but rarely, if ever, families in poor areas. Poor people can't pay the piper.

[jkob]

If you click the link, it shows more. That's the whole thing about links.



If that is a reasonable way to administer justice, why not leave it up to police and prosecutors to decide whether trials should be public? Why not re-instate the Star Chamber (http://lmgtfy.com/?q=star+chamber)?



http://scholar.google.com/scholar_case?case=10435299198962904746



http://scholar.google.com/scholar_case?case=16510196517327503109

The court said that they didn't care if the evaluations were taped and that was between the defendant and the doctor while expressing the opinion that it would be unlikely that one would agree to that. I don't see how that isn't reasonable, I'm sorry if you disagree.

[MoneyWhereMyMouthIs2]

Do you work for CPS or know anybody that does? How could you say that? Do you honestly believe that they go around taking children from loving parents


Yes.

[better-dead-than-fed]

The court said that they didn't care if the evaluations were taped and that was between the defendant and the doctor while expressing the opinion that it would be unlikely that one would agree to that.

I'm sorry I was unclear. I'll try again.

When the judge said, "it's between you and the doctor", the judge meant, "it will be 100% the doctor's decision". The defendant was in shackles, transported by U.S. Marshals to the psychiatrist's office. Defendant had 0% ability to bring a tape-recorder to the meeting with the psychiatrist.

Now that that's clear, what if a judge said:

he didn't care whether or not a trial was public;
he would leave that decision 100% up to the police and prosecutor (the judge might tell the shackled defendant "it's between you and the police, frankly.")

And the judge might well express the opinion that it would be unlikely that the police would agree to a public trial for the defendant.


I don't see how that isn't reasonable, I'm sorry if you disagree.

I wasn't so much disagreeing with your opinion. More like, I was asking you two specific questions, which you never answered:


If that is a reasonable way to administer justice, why not leave it up to police and prosecutors to decide whether trials should be public? Why not re-instate the Star Chamber (http://lmgtfy.com/?q=star+chamber)?