The Need for Child Protective Services Reform in the United States
Litigation is Our Only Hope for True Child Protective and Child Welfare Reform
While there have been attempts at child protective reform in recent years, there has not been any meaningful child protective reform in the United States, but there needs to be. One of the biggest problems with Child Protective Services (CPS) is that child protective caseworkers spend too much time investigating false allegations and therefore are unable to investigate real cases of neglect and abuse. So we have the anomaly of innocent parents rotting in prison, while children still die from abuse.
The Center for Disease Control in Atlanta claims that there are three million child abuse reports made every year. Two million of those reports are without merit. What has created this situation?
Mandated reporting is the primary culprit. Doctors, nurses, teachers, psychiatrists and numerous other professions are required by law to report any suspicions of child abuse and neglect. If they don't, they can be charged with a felony and go to jail. So to protect themselves, mandated reporters report things that they wouldn't report if the threat of jail wasn't hanging over their heads.
We need to get rid of mandated reporting. We need to trust doctors, nurses and teachers to make the right decision when they suspect abuse and neglect. This would cut down on the number of baseless child abuse reports and give Child Protective Services the time and money to concentrate on real abuse.
Currently, filing false abuse reports is only a misdemeanor in most states, and it is not taken very seriously. It needs to be made a felony. I listened to a guy on talk radio the other day who has had twelve false reports of child abuse made against him. Even CPS admits that he is innocent, but they claim they cannot do anything about it. Someone has it in for this guy and is using CPS to retaliate against him. If it was a felony to file false reports of child abuse, the number of false reports would diminish and CPS would have the time and resources to investigate real abuse.
There are several other areas where Child Protective Services needs reform. If CPS investigates you, they have sixty days to issue a report. CPS can find that the allegations are unfounded or they can indicate them, which means that they believe there is some credible evidence to substantiate the report.
If a report in indicated, your name automatically goes on the State Central Register for Child Abuse and Neglect, even before you have a trial or hearing. (Sex offenders, on the other hand, aren't placed on the sex offender registry until after their trial.) People who have been accused of child abuse or neglect are punished even before they can prove their innocence because employers use the register to check on prospective employees.
In Missouri, several laws concerning Child Protective Services have been successfully challenged. The standard of proof for indicating a report has been raised from some credible evidence to a preponderance of the evidence, and your name cannot be placed on the registry unless you have been given due process through a trial or fair hearing.
Unfortunately, lawmakers will not bring about Child Protective reforms. Any attempt to reform either Child Protective or Family Court laws are seen as being soft on child abuse, rather than an attempt to protect innocent people, give people their due process rights and allow CPS the time to investigate real abuse claims rather than bogus ones.
CPS reform will take place in the courts, not the legislatures, just as it has already to some degree in Missouri. Parents who are falsely accused must challenge the laws and, if necessary, bring law suits against those who trespass on their constitutional rights.
While I dislike the idea of litigation, our politicians have cut off all other options. Litigation is our only hope for real child protective reform.
Published by Dan Weaver
I am an antiquarian bookseller and free-lance writer. I have a bachelor's and master's degree in Literature. View profile
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- Mandated reporting laws need to change.
29 Comments
Post a CommentWhat about the children who don't get removed and they are just a paycheck? I have a grandson who lives in filth and has had to eat food off the floor because he spilled it in a house with two dogs and two cats and none of them house broke. The big dog had mange for over a year and it's hair kept falling out and the floor was never cleaned, dog hair , urine, and feces on the floor and the mother was charged with neglect for something else but the Missouri DFS workers refused to remove this child from the home stating the child should stay with Mom. The child has had medical problems because of it and after the last hospitalization he is not in the home but DFS wants him to go back to Mom. Mom and DFS worker have had a relationship and things don't get done for this child, just for the mother ! There is a need for reform---- all cases are different and should be handled so. A mother charged with neglect and found guilty and admitted to it should have their children removed !!!!!
CPS are desperate money-hungry little spoiled princesses that enjoy destroying families and repeating a generation of misery for the young and innocent. My baby was born one month premature due to there harrassment, stress, and BULL... Two oldest kids were taken away since they have the power to do what they want and say what they want... but do they look at income? employment? education? NOOO!! They look at the parents age and basically if your well off living without the food-stamps and HUD that's provided mostly to the illegal lazy immigrants, your a bad parent. LOL I'm not giving up just now they have worked on my last nerve.
I've been cooperative enough to follow there stupid plan, and now my oldest is confused of why she can't come back home. CPS loves to play with fire and since they have there own attorneys they think they will be safe and covered up in court, NOT me NOT this parent I WILL FIGHT this time I'M NOT GETTING WALKED ON NO MORE AND I WILL MAKE SU
I too had my two children taken by cps. I have a son with a violent temper and behavior problems. He did not like the rules in our home so he lied to the counslor at school so he would not have to live at home. He figured he would get to choose where he would live. It has been 4 months now of jumping through hoops trying to get my children home and still nothing. My son has admitted to lying and begs to come home and still no one will listen. This has cost me and my family so much. The system is so broken and is doing more damage than good.
yes there needs to be reform asap but what do you do when there is abuse and mother has been covicted of dealing using and giving drugs to babies cps is right down set on giving the kids back no matter what what is it going to take kids deaths?
I live in canton ohio I have 2 kids my kids are in foster care Im looking for me a god fighting attorney we have to stop cps & family court I have a public defender on my case he is no help to me or my 2 kids the case worker she way too much my kids are suffering in foster we have all have to come together I would like for anyone in ohio to contact me my e-mail is kindnessohio33@yahoo.com
http://cfsreform.blogspot.com/
I'd have to say we definately need reform
im sure cps is the same everywhere and that is injustice no matter how yow you look at it .. my daughter is fighting to get her kids back, her now ex filed assault charges on her, she went to jail, he got the kids through cps in collin county, texas. he got 3rd dwi, 2 months later beat her pretty good, police took pictures .never and they never arrested him. he has even sexually abused her. during the divorce and the court procedings she never got to see the judge, the judge gave her ex guns in the divorce settlement and he is a felon but then he has a lot of money, he owes her spousal support and does not pay, as for a cps goes this tells methat the whole justice system needs to be over hauled and some of the crooked lawyers and judges do a little pen duty... I THOUGHT CHILd TRAFFICING WAS ILLEGAL. we the people gat do it. part of the problem is if you lye your good,if you tell the truth your a drunk, a druggy, or just unfit. where does cps get off giving a child to a man that has se
we have 3 kids we live in ohio and the caseworker took our kids just here say so we move .and were still rying to get them back all you can do is just pray for now an maybe god can anserw to us . please email at wilsontasha99@yahoo.com thank you so much for rthis.
Lucy, check with www.fightcps.com.
Please help us email me here if you can help.
imshirley3747@yahoo.com