Our Grand Children are victims of;

"Protect the "system" at all costs. The "system" is the only ultimate sacred cow - not any particular law or constitution, but only "the system." Because, ultimately, it is the system which makes certain that the individuals functioning within it - from judges to lawyers, to prosecutors, to politicians, to businessmen - have their places and positions, and opportunities and pecking order, and future."

In 1696, England first used the legal principle of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery." This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families' child rearing practices.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Preamble of the original "organic" Constitution

"We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776


Tuesday, December 17, 2013

Courts are violating ICWA in South Dakota

Courts are violating ICWA in South Dakota
By Dana Hanna
In a recent column in the Native Sun News, Regina Brave wrote about the history and importance of the federal Indian Child Welfare Act (ICWA) and asked about the current status of the lawsuit that was filed in federal court in which the Oglala Sioux Tribe and other plaintiffs claimed that state authorities were violating the ICWA rights of Indian families in state courts. Along with lead counsel Stephen Pevar of the American Civil Liberties Union (ACLU) and Rachel Goodman of the ACLU office in New York, I am one of the attorneys representing the Indian plaintiffs in that lawsuit. I am writing to thank Regina Brave for drawing further public attention to this very important issue and to answer her question about the current status of that federal lawsuit. Earlier this year, the Oglala and Rosebud Sioux Tribes and three Indian mothers filed a lawsuit in federal court in Rapid City on behalf of all parents of minor Indian children in Pennington County. That lawsuit, Oglala Sioux Tribe v. Van Hunnik, charges that the South Dakota Department of Social Services (DSS), the Pennington County State’s Attorney’s Office, and the presiding judge and other judges in the Seventh Judicial Circuit routinely violate the constitutional and ICWA rights of Indian parents in child abuse and neglect cases. In a nutshell, the Indian plaintiffs charge that state court judges, assisted by DSS and state prosecutors, routinely order Indian children into long term foster care placements, based on allegations of neglect or abuse, without giving their parents any kind of fair and meaningful hearing. The Indian plaintiffs are seeking an order from the United States District Court that would prohibit state court judges, DSS and the State’s Attorney’s office from placing Indian children in foster homes unless they first give Indian children, parents and Tribes the fair hearing that is their right under ICWA. In this lawsuit, the Indian plaintiffs’ legal argument is really quite simple and straightforward: Any state system that removes Indian children from their parents and places them in long term foster care through a judicial proceeding in which only the State is allowed to present evidence, but Indian parents are not allowed to present evidence, is a system that is fundamentally unfair, fundamentally unconstitutional and fundamentally racist. The lawsuit focuses on the first judicial hearing that takes place in all child abuse and neglect cases–the 48 hour temporary custody hearing. State law requires that parents be given a hearing before a judge within 48 hours after an emergency removal of their children from their home. Under ICWA and state statutes, the purpose of that hearing is to have the judge consider evidence so that he or she can make an objective determination as to whether giving physical custody of the children to DSS is necessary to protect the children from abuse or neglect. Under ICWA, at any hearing in which the State seeks to place an Indian child in a temporary foster care placement, the parents of an Indian child have a right to challenge the State in an evidentiary hearing and they have the right to have an attorney in that hearing. Our lawsuit claims–and we can prove–that over the past four years, state court judges, prosecutors and social workers have routinely denied those fundamental federal rights to Indian parents in Pennington County. In the 48 hour temporary custody hearings, judges will hear no sworn testimony from any witness; only the State is allowed to present evidence, which consists of police reports and affidavits by DSS caseworkers; and the Indian parents are never given, or even informed of, their right under ICWA to be represented by a court-appointed lawyer in the 48 hour hearing. Although the State is allowed to present evidence of neglect in the form of written reports and affidavits, the Seventh Circuit courts do not allow the parents to give sworn testimony or to present any evidence in those hearings. Our lawsuit charges that for the past 4 years, the judges of the Seventh Judicial Circuit have routinely ordered Indian children into long term foster care in 48 hour hearings in which Indian parents have virtually no rights to contest the State’s petition to take their children. So where are we now? Soon after the Oglala Sioux Tribe and the other plaintiffs filed this lawsuit, the state defendants, represented by private counsel and the Attorney General of the State of South Dakota, filed motions asking the court to dismiss the lawsuit, arguing that Indian parents have no rights under ICWA at the 48 hour temporary custody hearing. In our view, such an interpretation of ICWA is absurd: it defeats the very purpose of ICWA and leaves tribal children to the tender mercies of the State child welfare system. Five months ago, the Indian plaintiffs submitted briefs opposing the State defendants’ motions to dismiss. We have recently been informed that we can reasonably expect a decision by the court on the motions to dismiss in the very near future. If the federal court rules in our favor, that decision will not end the case, but we expect that it will decide many of the important questions of law that are at the heart of our case. We hope to get a decision within the next few weeks that will be a major step forward in changing the way Indian parents, children and Tribes are treated in child abuse and neglect cases in the state courts of South Dakota. Dana Hanna is an attorney with the Hanna Law Office, P.C. in Rapid City. A former Attorney General for the Rosebud Sioux Tribe, his practice focuses on Indian law, federal civil rights, and criminal law.
 From:  http://www.indianz.com/News/2013/012072.asp



*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

Sunday, December 15, 2013

Police: DFCS worker arrested for drugs during stop.


Atlanta News, Weather, Traffic, and Sports | FOX 5 

JONESBORO, Ga. - Police say an employee for the Georgia Division of Family and Children Services driving a mentally disabled adult was arrest Saturday for drug possession after being pulled over in Jonesboro.

Jonesboro Police Chief Franklin Allen says officers pulled over Ericka Thompson near the intersection of Georgia Highway 138 and Tara Blvd after noticing her vehicle had suspended registration. During the stop, they got wind of the heavy smell of marijuana. After a brief search, they found the source along with cocaine and Oxytocin.

Police say there was confusion on Thompson's identity given her credentials did not match her license. They eventually were able to determine that she worked for Henry County DFCS. They say she was driving for a group home.

"This is a person that people with disabilities have been entrusted to care for and provide for. If this person is out using drugs, selling drugs, possessing drugs or has them in her system, that creates a very alarming instance for us," said Chief Allen.

Police say the person in her care was not hurt. They say they had a hard time trying to reach any one with DFCS to ensure the person's safety. The group home where he stays eventually was able to get someone out to the scene to pick him and return him safely home.

Thompson faces possession charges as well as driving without registration. Police will determine if she was under the influence while she was driving.
 

Tuesday, December 10, 2013

Child Abuse and Neglect User Manuals

 New and Revised Child Abuse and Neglect User Manuals

"...  Since the last update of the Child Abuse and Neglect User Manual Series in the early 1990s, a number of changes have occurred that dramatically affect the response to child maltreatment, including advances in research, practice, and policy. This third edition of the User Manual Series reflects the increased knowledge and the evolving state of practice and address trends and concerns relevant to today's professionals. ..."

Child Neglect: A Guide for Prevention, Assessment and Intervention.
Author(s): Office on Child Abuse and Neglect
DePanfilis
Availability: View
Download (PDF - 2,163KB)
Year Published: 2006 - 108 pages


Child Protection in Families Experiencing Domestic Violence
Author(s): Office on Child Abuse and Neglect, Caliber Associates.
Bragg
Availability: View
Download (PDF - 3,360KB)
Year Published: 2003 - 108 pages


Child Protective Services: A Guide for Caseworkers. 2003
Author(s): Office on Child Abuse and Neglect
DePanfilis, Salus
Availability: View
Download (PDF - 4,470KB)
Order (Free) - Add to Cart
Year Published: 2003 - 141 pages

Community Partnerships: Improving the Response to Child Maltreatment.
Author(s): Children's Bureau. Office on Child Abuse and Neglect.
Availability: View
Download (PDF - 3,388KB)
Year Published: 2010 - 150 pages

A Coordinated Response to Child Abuse and Neglect: The Foundation for Practice
Author(s): Office on Child Abuse and Neglect
Goldman, Salus, Wolcott, Kennedy
Availability: View
Download (PDF - 4,110KB)
Order (Free) - Add to Cart
Year Published: 2003 - 114 pages


The Importance of Fathers in the Healthy Development of Children
Author(s): Office on Child Abuse and Neglect
Rosenberg, Wilcox
Availability: View
Download (PDF - 1,163KB)
Year Published: 2006 - 125 pages


Protecting Children in Families Affected by Substance Use Disorders
Author(s): Office on Child Abuse and Neglect, ICF International.
Availability: View
Download (PDF - 2,416KB)
Year Published: 2009 - 114 pages

The Role of Educators in Preventing and Responding to Child Abuse and Neglect
Author(s): Office on Child Abuse and Neglect, Caliber Associates.
Crosson-Tower
Availability: View
Download (PDF - 3,890KB)
Year Published: 2003 - 85 pages

The Role of First Responders in Child Maltreatment Cases: Disaster and Nondisaster Situations
Author(s): Office on Child Abuse and Neglect
Cage, Salus
Availability: View
Download (PDF - 2,205KB)
Year Published: 2010 - 158 pages

The Role of Professional Child Care Providers in Preventing and Responding to Child Abuse and Neglect
Author(s): Office on Child Abuse and Neglect
Karageorge, Kendall
Availability: View
Download (PDF - 1,729KB)
Year Published: 2008 - 111 pages

Supervising Child Protective Services Caseworkers
Author(s): Office on Child Abuse and Neglect, Caliber Associates.
Salus
Availability: View
Download (PDF - 4,010KB)
Order (Free) - Add to Cart
Order CD (Free) - Add to Cart
Year Published: 2004 - 110 pages

Working with the Courts in Child Protection
Author(s): Office on Child Abuse and Neglect
Jones
Availability: View
Download (PDF - 10,480KB)
Year Published: 2006 - 130 pages

Brought to you from:

The U.S. Department of Health and Human Services, Administration for Children and Families, Child Welfare Information Gateway. 







*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

Monday, December 9, 2013

[Alaska] Child Protective Services Manual [2012]

As of this date, this is the current copy of [as far as we know] [Alaska] Child Protective Services Manual for those asking.
Dated 2012.  All 912 pages of it in .PDF format. Easily downloadable.

Child Protective Services Manualexternal link (PDF - 3983KB)
Alaska Department of Health and Social Services, Office of Children's Services


Other Alaska manuals are also downloadable;

Adoption and Guardianship: Making Permanent Plans for Childrenexternal link (PDF - 2406KB)
Alaska Department of Health and Social Services [2001]

Parent's Rights: What You Need to Know About a Child Protection Initial Assessmentexternal link (PDF - 296KB)
Alaska Department of Health and Social Services, Office of Children's Services [2010]

A Toolkit for Hosting a Community Cafe Series: On Choosing Respect and Ending Domestic Violence, Sexual Assault and Child Sexual Abuseexternal link (PDF - 2540KB)
Alaska Department Health & Social Services, Office of Children's Services & Alaska Strengthening Families Program [2012]

Guidelines for the Multidisciplinary Response to Child Abuse in Alaska (PDF - 1669KB)
Alaska Children's Justice Act Task Force [2-10]

A Guide to Child Protective Services for Relativesexternal link (PDF - 337KB)
Alaska Department of Health and Social Services, Office of Children's Services [2007]

A Handbook for Parents and Guardians in Child Abuse and Neglect Casesexternal link (PDF - 375KB)
Alaska Department of Health and Social Services, Division of Family and Youth Services [2003]

Engaging With Parents: Self-Study Guideexternal link (PDF - 878KB)
Alaska Office of Children's Services [2009]

Reporting Child Abuse in Alaska
Alaska Department of Health and Social Services, Office of Children's Services & Alaska Children's Justice Act Task Force [2003]

What Am I Doing Here?: A Roadmap for Youth in the Alaska Child in Need of Aid System (PDF - 5990KB)
Alaska Court System [2010]

Title IV-E Manualexternal link (PDF - 1915KB)
Alaska Office of Children's Services [2012]


Alaska's Resource Family Handbookexternal link (PDF - 2458KB)
Alaska Department of Health and Social Services, Office of Children's Services [2012]

Practice Modelexternal link (PDF - 846KB)
Alaska Department of Health and Social Services, Office of Children's Services [2009]

Community Careexternal link (PDF - 1167KB)
Alaska Department of Health and Social Services, Office of Children's Services [2012]

Youth Checklistsexternal link (PDF - 81KB)
Alaska Court System, Alaska Office of Public Advocacy & Alaska Office of Children's Services [2010]



*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207