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Law School Director: Stop Terminating Parental Rights – Preserve Family Relationships

Attorney Vivek Sankaran, director of the Child Advocacy Law Clinic and the Child Welfare Appellate Clinic at the University Michigan Law School, has written an excellent piece that was published in The Chronicle for Social Change titled: Termination of Parental Rights: What’s The Rush? Vivek writes that family courts today are too quick to remove parental rights when one parent is deemed "unfit." An attorney himself who has represented children in foster care, Vivek gives an example of a father who was incarcerated for drug usage, and yet stayed involved in his daughter's life for the 8 years he spent in prison, and even helped fund her time in law school, where she was able to finish her degree and graduate. He was able to stay involved in his daughter's life because his parental rights were not severed, which is what happens in most states, sadly, when a parent is deemed "unfit" to parent. Vivek writes that in one state, Utah, the Court of Appeals has questioned the necessity of terminating parental rights so quickly, and that this ruling could serve as a model for other states.

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Indiana High Court Accuses CPS of “Significant Violations of Due Process in Termination of Parental Rights”

Cracks are starting to be exposed in the foundation of the state-sponsored child kidnapping structure of Child "Protective" Services. Parents who have been fighting the system for their children have seen these gaping flaws all along, but for decades anyone with power to change it has turned a blind eye to their plight. Finally, it appears that the higher courts in one state are beginning to recognize that the system is, indeed, violating parental rights with alarming frequency. Appellate judges from the Indiana Court of Appeals recently sent a strong rebuke to the Department of Child Services (DCS), citing "significant violations of due process occurring in termination of parental rights cases throughout the state." Indianapolis NBC affiliate Channel 13 reports that the judges acknowledged that there is a pattern of "repeated violations" of parental and Constitutional due process rights by DCS. While the fact that the agency routinely violates parents' rights certainly comes as no surprise to anyone on the front lines of the battle, the admission by the appeals court and by DCS itself that it is happening comes as a shock, albeit a good one, to attorneys and parents alike. Could this be the beginning of the dominoes falling? Will other states take notice and follow suit?

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Medical Kidnapping: Is Big Pharma Responsible for the Majority of the Nearly Half Million Children Put into the U.S. Foster Care System?

Medical kidnapping of children may be far more prevalent than anyone has realized. When Health Impact News launched MedicalKidnap.com in October of 2014, we believed that these stories were only a small fraction of the larger group of Child Protective Services cases where children were taken away from their families. As we got deeper into our investigation, we realized that the problem was much more widespread than we ever could have imagined. We now know that medical issues are involved in at least half to as many as 80% of all the cases involving the removal of children from their homes.

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Group of 4000+ Parents Takes on Minnesota CPS and Government Child Kidnapping and Trafficking

Earlier this year (2018) we reported that a group of Minnesota parents filed a federal civil rights lawsuit accusing Dakota County and the State of Minnesota for kidnapping their children and placing them unnecessarily into foster care. The parents are part of an organization called The Family Preservation Foundation, which also goes by the name Stop CPS from Legally Kidnapping Children. Recently, the group, which is reported to now represent over 4000 parents in Minnesota, garnered more local media coverage when a judge return a 1-year-old boy to his mother who had been allegedly placed into foster care for 3 months based on "false allegations of medical neglect." The return of Amanda Weber's child was seen as a victory for the Family Preservation Foundation: "The legal victory is symbolic for a coalition of parents and advocates seeking to change the state's child protection system. The group has argued that Minnesota's laws criminalize parents for what they consider to be routine parental discipline and have a disproportionate effect on black families."

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Federal Funding Provides Incentives for States to Take Children Away from Families Even When No Abuse is Present

When Child Protective Services (CPS) takes children from a loving, non-abusive family, the parents, and sometimes grandparents, aunts, and uncles, often seek out information about what is happening. Many gravitate toward groups on social media that provide education and support for those fighting CPS for their children. As the confused parents try to sort out the information and learn how to get their children back, one question dominates their search: How can this happen in America? Federal legislation enshrined in CAPTA and ASFA provide federal funding to states for foster care. For too long, these legislative acts have enabled and incentivized states taking children from innocent parents who have committed no crime, who have not abused their children. By any definition this is human trafficking. It is time to cut off the flow of tax dollars for the destruction of families, and instead find ways to help and support families.

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The Ease with which Government Kidnaps Children – A Review of Current Legislation and the Multi-Billion Dollar Child “Protection” Industry

Attorney Connie Reguli writes: It is hard to imagine in a sophisticated first-world country like the United States that the government officials could walk into your child’s public school, have them removed from their classroom, interviewed by government officials in private (without your knowledge), remove your child from the school, and place them in the home of a stranger all without your knowledge. The reason you ask, maybe you don’t feed your child enough, maybe they missed a few days from school, maybe someone just lied and said you were a drug dealer, and your child could not answer the right questions to exonerate you. It is hard to imagine in a sophisticated first-world country that a new born baby could be stripped from his mother’s arms in a hospital because the Mother had one positive test for opiates during pregnancy, even though there was no showing of drugs in the Mother or the child at birth and there is no other evidence of child abuse or neglect. It is hard to imagine in a sophisticated first-world country that a child could be locked in a hospital with a rare and untreated disease and separated from her entire family simply because her parents wanted to take her for a second medical opinion. This is the state of our nation and the child welfare system in the United States. Here's what has to change....

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Investigative Report in Kentucky Reveals Corruption Still Exists in Foster Care as Children Die or Go Missing

The corruption in Kentucky Child Protection Services and Foster Care has been reported on extensively here at Health Impact News since 2015. A new report aired on Wave 3 News by investigative journalist John Boel reveals that corruption in the Kentucky Cabinet for Health and Family Services is apparently ongoing, as one child was allegedly murdered by his foster parent after being taken away from his family, and another foster parent is blowing the whistle on the abuses of Kentucky foster care where children go missing due to lack of oversight. The current investigation began in 2017, when 4-year-old Hunter Payton died in foster care, and his biological parents questioned the story put forward as to the cause of his death, which was reported to be an accident. “They told us it was an ‘unlikely’ injury,” Hunter’s mother April Payton said. “It doesn’t happen. Something hit him hard.” He had only been in foster care for 3 months. During that time, the parents allegedly complained to the state about bruising on their son, and they were apparently told several different stories about how he died in an accidental fall. As John Boel reports: "Months after our report, Billy Embry-Martin, 33, was charged with murder. The lawsuit accuses him and his husband, Travis Embry-Martin, of 'violent punishment, physical abuse and denial of food.' Billy Embry-Martin is free on bond awaiting a December trial on the murder charge."

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My Name Is Not “Respondent Mother”: The Need for Judicial Reform in Child Welfare

Losing a child for any reason is one of the most devastating things that can ever happen to a parent. The process of dealing with Child Protective Services and family court, while never easy, often serves to dehumanize parents and children. Instead of serving to help families overcome challenges, the system creates further harm when it treats parents as though they are worthless. Not only are civil and constitutional rights violated routinely, but many parents find that the system seeks to strip them of their basic human dignity. Law professor Vivek Sankaran recognizes that the treatment of parents by the courts is counterproductive to goals of restoring the family and helping the children. Sankaran wrote a piece for the American Bar Association addressing these concerns, with suggestions that could be implemented by the courts when dealing with parents facing allegations by CPS.

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Alabama Senior Citizen Medically Kidnapped and Forced onto Drugs Against Family Wishes

Just as Child Protective Services and a judge have almost omnipotent, unchecked power to decide unilaterally that the relationship between a parent and a young child is not worthy of being preserved, Adult Protective Services and a probate judge have the same power to sever the relationship between an adult child and their elderly parent. Sometimes the relationship has endured for longer than the judge and social worker combined have been alive, yet with the stroke of a pen, a senior citizen can be completely torn away from their own children. The wishes of the elder can be completely ignored, and documents assigning power of attorney to a trusted adult child can become meaningless. Medical and financial decisions are placed into the hands of a court-appointed guardian who is often a stranger to everyone in the family. Nancy Scott, a retired English teacher from south Alabama, wrote to Health Impact News describing the medical kidnapping of her 102-year-old mother, who is also a beloved retired schoolteacher known to her former students as "Ms. Gregory." St. Vincent's Hospital and the Alabama Department of Human Resources (DHR) seized custody of Marian (Gregory) Leonard in February 2018. She is being held against her will, forced by a Jefferson County, Alabama, court into Hospice care, even though she has no terminal illness or disease. She is elderly, but her mind is sound. She is being drugged against her will and has told her daughter that she doesn't want the drugs. Nancy has always enjoyed a close relationship with her mother, but she has not seen her since midsummer. At that time, Ms. Gregory begged to go home. She told Nancy: "If you don't get me out of here, they're going to kill me, and they're going to kill you."

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Was Texas Mom’s Baby who was Accidentally Vaccinated with Gardasil Medically Kidnapped for Medical Research?

When Anita Vasquez sought medical care for the reactions her baby girl was having after mistakenly being given the Gardasil vaccine at only 4 months old, she had no way of knowing that she was walking into a hospital that was working on vaccine development in collaboration with one of the largest pharmaceutical companies in the world. She found herself tangled in what appeared to her to be a deep web of interests that were in direct conflict with her only goal, which was simply trying to get help for her baby. Instead of finding help, she was met with accusations that she had somehow caused harm. Doctors and social workers testified that Anita had Munchausen Syndrome by Proxy (also known as "factitious disorder"), which means she was accused of making up her daughter's medical conditions when there were none. Anita is a licensed nurse by profession. The state of Texas recently terminated her parental rights to her daughter Aniya Blu. It was apparent to Anita from the very beginning that there was more going on than meets the eye. Evidence was hidden. Medical records were kept from her and her attorneys. Medical diagnoses of real problems were covered up. The deception continued throughout the ordeal with Child Protective Services, and it followed Anita into the courtroom. There were many facts of the case that Anita didn't learn about until just before the termination hearing. Even then, the evidence was ignored. Anita Vasquez has appealed the termination of her parental rights for her daughter, who was mistakenly injected at 4 months old with the Gardasil 9 vaccine intended for her older brother. Anita received a letter on August 31, 2018, from the Thirteenth District of Texas Court of Appeals noting that her appeal was accepted.

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