Tuesday, December 14, 2010

Child Protective Services: The Monster That Reigns

The Empire State is a great place to live for those who have the resources to sustain themselves and their children.  Many people come and go as they please without a care in the world because New York is a state vast in wealth; it is a place where only the brightest and best find comfort in their shine.  For those that are impoverished or low middle income, New York is another place-a place where they find there truly is no rest for the weary.  
            Low income parents have been complaining for sometime about the power the state of New York possesses and its current public school system.  A parent can simply aggravate a teacher, to have them proceed to make a Child Protective Services report on that family.
It is said by many single parents and lower income parents that teachers will pick on the students families who simply can not participate in the weekly financial burden schools put upon parents (such as fundraisers, field trips, PTA, extra supplies not for the child but for the entire class, parties, etc…).
Whether it is an unfounded report (if the report is found inaccurate) or founded (if the report is presumed true) it is something that is NEVER removed from a person's record.  It remains for anyone conducting a careful investigation of a party to be revealed; as this is something that many companies and individuals would hold against someone, it is seemingly an unfair practice. 
A madated reporter does not need actual evidence to make a case.   The same party making the report can provide carefully documented files to Child Protective Services in New York State, which can serve as proof. 
This is a very serious and an alarming situation because that information documented does not have to be factual, it only need be written down in handwriting, dated and signed/intialed.    To prove this point, an excerpt from the Observer Newspaper in Dunkirk, NY is below this paragraph. 
"MAYVILLE - The credibility of the Chautauqua County Department of Social Services has been damaged.  Letters admitting to errors were written by Child Protective Services staff last month, apologizing for events which took place in Family Court in September.
As a closed court, Family Court records are not public. However, after obtaining two of the letters written by CPS staff, the OBSERVER sought and received confirmation of the incident's details.  Calls to Family Court Judge Judith Claire resulted in a call from a spokesperson at the state's Unified Court System in New York City, who confirmed the incident.
In short, CPS workers appeared before Judge Claire in September seeking to have a child removed from the mother's custody. Based on their testimony, the judge signed a removal order for the child. The CPS workers then returned to court the next day to inform the judge that the child had not actually been born yet" (Dean, 2010)
What is even more alarming is this article is from November 21, 2010 and it is today as this author writes November 29, 2010.  In said article, this child was taken upon birth and given back two weeks ago. 
Even more horrifing is the fact when the mother gave birth on August 3, 2010 to her sixth child, social services only removed the newborn child-leaving the rest of the children home with their parents on August 5, 2010.  Social Services and the Judge had deemed the newborn's mother a danger only to the newborn child for reasons that were not proven according to the Observer in Dunkirk, NY. 
Obviously in the case of these parents, a lawsuit is underway.  The question arises, what about the many other cases such as this one that are pending?  Just how many cases are there in New York?
Another form of Child Protective Service reporting is done on behalf of schools.  The schools in New York State are now required after 20 absences with or without notes to report the parents to CPS. 
Parents with large families and many children in school can easily get reported due to sickness that gets passed back and forth between multiple children.  If a New York State Resident has a family emergency and has to keep their child out of school for any given amount of time, they are reported to CPS. 
The Wall Street Journal stated on November 27, 2010:
"Under New York law, chronic school absence is a trigger for complaints to the Office of Children and Family Services. Referrals can lead to family court, foster care or probation-like PINS supervision.
Professor Robert Balfanz, at Johns Hopkins University, said his research has shown that about half the students just decide to skip school, a quarter are avoiding something negative such as a bully or uncomfortable class, and another quarter stay out for life issues like work or baby sitting.
Now, a new study by the Vera Institute of Justice — commissioned by the state office of Children and Family Services — backs up the agency's belief that going after parents for educational neglect isn't effective. The report says chronic absenteeism seldom means teens are abused or neglected at home but instead suggests they stay out for other reasons and schools need to find ways to re-engage them."  (Press, 2010)
Therefore, it can be deduced this system is far from flawless and a change must come withinin this system before many more children are taken from good homes.  In both articles there are instances of the children in question being ripped from their homes only to be left with total strangers?  This is something that ought not happen.  They are bounced around from stranger to stranger until brought home to the families that they were removed from. 
Unfortunately, it is not uncommon to hear of valid CPS intervenings where children are given to a family member, which almost seems unfair to the families who are innocent of crimes against children.  Just recently on the local news a man drove drunk with his small child in the car only to have the child placed with the family members of that father, where he has complete access to the child.  This is an injustice to the child and although a familiy member is the proper choice for any child-most families will not disallow a parent to see their child.
"The 27-year-old’s daughter and an open container of Heineken were observed in the vehicle, police said. Session failed sobriety tests and was found to have a blood alcohol content of .14 percent, police said.  Session was charged with driving while intoxicated with child in the vehicle under Leandra’s Law. He will be arraigned at First District Court in Hempstead.  Child Protective Services was notified and the child was turned over to a family member." (Bolger, 2010)
What an atrocity!  It is a sad thing to watch children not receive protection by the very agency we call child protection-when in actuality there is a tearing apart of good families with values.  Yet parents who are obvious offenders keep their children for years.
"In a shocking and sickening story of deprivation, neglect and abuse, a York, PA, mother, so desperate to not be found by her own family that she forced her own to live in squalor  is in jail on child endangerment charges. 
Obsessed with hiding, she gave birth to five children with no medical care and no help.  They lived on the sly, away from society in a ramshackle row house that did not even have basic creature comforts like heat, electricity or water.
The children, ages 2 to 13 had never been seen by a doctor, been immunized against life threatening diseases or schooled.  In essence, they did not exist without any birth certificates to prove they did.  How could something this awful go on for so many years undetected?  However, more important is why would a loving parent force their children to be brought up in squalor devoid of outside human contact?"  (Kendrick, 2010)
It took thirteen years for these children to be discovered, yet a mother having a child can have it ripped from her upon its second day of life.  Can you see based on these few articles where Child Protective Services is failing?  Although that last article is not in New York it is recent enough to see a pattern nationwide.  It is imperative to make a change, to call your congressmen- create a petition and change the laws regarding children and families, for their own protection. 

References

Bolger, T. (2010, 22 2010). Cops: Bay Shore Dad Was DWI With Daughter in Car. The Long Island Press . Patchogue, New York, United States of America: http://www.longislandpress.com/2010/11/22/cops-bay-shore-dad-was-dwi-with-daughter-in-car/.
Dean, N. L. (2010, November 21). Observer Today. Retrieved November 29, 2010, from www.observertoday.com: http://www.observertoday.com/page/content.detail/id/553041/CPS-admits-errors-after-court-hearing.html?nav=5047
Kendrick, N. (2010, November 28). Five Pennsylvania Children Ages 2 - 13 Forced To Live Entire Lives Without Necessities In Squalor Are Liberated To Start New Lives. News Gather . York, PA, United States of America: http://news.gather.com/viewArticle.action?articleId=281474978737026.
Press, A. (2010, November 27). NY Study Says Punishment Doesn't Solve Absenteeism. The Wall Street Journal . New York, New York, United States of America: http://online.wsj.com/article/AP2733dcb4938f416f997a02b17689bdcd.html.

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