Grab and run.
Too many families falsely accused and wrongly prosecuted will literally lose
relatives, but they will have no way to recover their children or their once
good names.
They never will recover emotionally, physically, socially, professionally,
financially or in any other way.
An "impact statement" allows real victims to spell out specific
injuries in a courtroom in front of convicted perpetrators for the benefit of
the judge prior to sentencing. In cases arising from false allegations of child
abuse or neglect those offenders are agents of the state. They are nearly wholly
immunized no matter how egregious their actions affecting child or family.
Procedural and court processes against parents or caretakers accused are
tax-subsidized, paid for by "the people." The State and U.S. Attorney General
will defend official offenders of our liberty safeguards spelled out as state
and federal constitutional rights but bypassed in administrative law. Reread
what the U.S. Supremes opined in DeShaney.
Where are state laws requiring local agencies to "make whole" BR
(insofar as objectively possible) families they have hounded-- without offering
or providing meaningful services IF wanted or needed--when even their own
appeals process finally overturns a wrongful action?
"Family" Services?
Using improper reports to CPS of child protective services (most morphed agency
names now include "family services") and misnamed
investigations or assessments, locals start the nightmare, take accused
innocents into court after the trauma and stigma of removing children. They
leave an insurmountable paper trail. Then, even when the original action is
overturned by their own final regulatory appeals process, they are not required
to clean up the mess.
That paper mess, by then documents in court files, signal that a person will be
hounded for payment of "child support" never owed per foster care orders
fraudulently created, not to mention blotched credit records that effectively
sandbag employment chances. Consequences of leaving inappropriate court papers
also mean myriad other life-changing and destroying results of violating a
citizen's civil rights "under color of law" with impunity by those employed and
empowered to protect children.
Unless and until those elected to Congress accept and act on their own
accountability for appropriating huge amounts of money sent to states--states
that funnel money to locals usually without monitoring OR by covering up when
the decades-old violations persist-- nothing will change.
Money from Congress is the gas, just as pass-through operations in each state
represent the gas-soaked rags. Still, it is the extraconstitutional,
uncompassionate and uncompromising actions of unchecked local agents that strike
the match against stunned families. Is no one responsible for the resulting
conflagration that dis-members society's most vital building block, the family?
Anyone to Blame?
Anyone over age 18 may be affected by a baseless allegation. Anyone under 18 may
be labeled a "victim," whether or not true. A dependent adult may fall on either
side. Laws threatening to prosecute anyone over the age of 14 who makes a false
report were enacted to frighten briefly angry falsely accusing teens. If a
recantation (he/she really did nothing to me) wrecks the story a prosecutor
needs, the law against making false allegations may be perverted.
No able and articulate professional, politician, entertainer or influential
sports figure (and forget media that play up occasional sensational individual
cases of false allegations) wants to appear to be on the side of an ACCUSED
child abuser or neglecter. Nearly every influential publisher or producer or
spouse, anyone prominent in any field, is an active or honorary member of a
locally based or national child abuse prevention organization. Numbers of those
groups are funded, minimally tax-exempt, by one to three levels of government.
"Education" funding to instruct how to recognize and prosecute, f or example,
the emotive but baseless theory of "Munchausen Syndrome by B R Proxy" (MSP) is
in the Department of Justice budget. Among effects BR of much scientifically
baseless education is the disappearance of conservatively thousands of children,
including infants from the delivery room moved straight to pre-adoptive homes
per 1997 federal legislation.
Groundswells of pro-adoption publicity--minus the truth that too many never
abused children become Paper Orphans by the stroke of a judge's pen--leave no
place for mistakenly or maliciously reported parents to stand in hope a newborn
and siblings will be returned by government agents or proxies who raced away
with them. Forget ever reading or hearing an apology: that might suggest there
was accidental or deliberate error in agent judgment or from an underinformed or
overly influenced bench.
Heaven help anyone with a child manifesting a genetic disorder such as "brittle
bone," or reaction from doctor-prescribed medicines or state-mandated vaccines,
not to mention environmental concerns (mold blowing through a home's air ducts
affecting a baby's breathing) or an undiagnosed infection and other discoverable
but deliberately not sought triggers labeled "child abuse."
April is always worst
April is Child Abuse Prevention Month. Never seems to be the month that common
sense, required competence and Constitutional safeguards will be permitted or
demanded to clear false allegations of child abuse or neglect. Frankly, the
label sticks, inside and out, for the accused and involved children no matter
what happens to the paper. It sticks even when the children mature and do their
utmost to speak after prosecutors and other officials cannot silence them.
When can we prevent family abuse that invariably traumatizes children removed
from never-abusing homes? What about innocent parents behind bars, convicted
because discredited theory was accepted by a judge who ignored or ruled out
objective science? Not even proving that the prosecution paraded perjurious
witness, the jury was tainted and tampered with, exculpatory information was
withheld for decades and worse has been able to free more than one innocent
mother.
In UK where the MSP label was coined and made public in a Lancet article in
August 1977, incarcerated parents are being freed as an educated public derides
its originator's claim that he shredded his notes. His motivation theory, never
peer reviewed or replicated, is "discredited" where it began but still widely
used. Freeing B R innocents in UK is a start and an appropriate example for
reluctant courts in America.
When will we halt reallocation of children for praise and profit to both local
agents who take them and homes that offer a new "forever B R family" while
depositing post-adoption subsidies, enjoying Medicaid B R coverage, respite care
and so much never offered or available to families with chronically ill
children.
Those very ill children--"over-utilizing" the system because efforts of their
strongest advocates, their parents--bring with them the largest continuing
tax-paid subsidies and services to a new and less demanding residence. I've
dubbed them cash calves, as newspaper series on group home abuses (North
Carolina's Charlotte Observer and Fayetteville Observer) prove they are.
Who will be responsible when cousins and siblings date and marry because they
have no idea where they originated, that they shared one or both parents in
common?
Isn't that a good enough reason--protecting "our" children from marrying a close
relative without realizing it--to turn a common concern into common sense? Is
this April finally the time to clearly differentiate between actions used
against a person falsely accused of child abuse and actions against a one who is
actually guilty?
Child Abuse Prevention Month should recognize the right of a child to be
protected from wrongful removal from a loving home (or extended family if the
home is unsafe). Are we keeping the "numbers B R of reports" up at the expense
of "our" children's future? God-given DNA connects children to family no matter
what kind of American CPS Shuffle is tax-subsidized?
**The above may be reprinted and circulated as long as writer's name, email and
(c) symbol are included. Barbara Bryan (BHBryan@aol.com) April 25, 2005
Barbara Bryan (BBryan@aol.com)
Communications Director
National Child Abuse Defense & Resource Center
Phone : 540-345-1952
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