I briefly skimmed some of the other posts regarding abuses by child protective agencies. This has become an epedemic across the country I am sadly learning. There are lots of websites out there on this topic. I had heard the horror stories before, but never believed them. I figured in DCFS was involved, the parents HAD to have done something illegal... So having felt that way myself, I understand that even arguing this may make me sound guilty of something.... Thankfully, my children have not been removed, but my family has been egregiously damaged none the less.
In my case, the mandatory reporter was a school counselor who my daughter turned to because her feelings were hurt and she wanted someone to talk to. I had broken up a fight between her and her sister that morning and had physically disciplined her. Physical discipline is a rarity in our home, that's why it upset myb daughter. I have rarely had to use this form of discipline with her, and cannot even remember the last time before this. This discipline was NOT abuse under the laws of this state (even school's can use physical discipline here) as long as there is justifiable cause, and there is no injury or other statutory elements of abuse.
The reportet happens to be close friends with the child abuse investigator, who happens to be a renegade caseworker hoping to eradicate all physical forms of punishment and hoping to enroll all parents in "parenting classes." she told my oldest daughter that she intended to teach me some things "including better ways to discipline." This was before she had even interviewed me, so obviously I was guilty and signed up for parenting classes before she even coerced her way into my home without a warrant.
This woman has twisted many things and even flat out lied and fabricated evidence. She asked me how I slapped my child, and I raised up my hand to show her an open hand. She put in her report that the way I demonstrated this to her "made her believe the slap probably landed in the facial area." This is nothing more than trying to make the incident fit the statutory definition of an unreasonable act, one of which is "striking a child on the face" which I did not do. How does showing her an open hand indicate where my hand landed? This is ludicrous. She also fabricated an injury which was not there, which she well knows, since she practically strip searched my child during an unlawful seizure of her at school. She had no warrant, no reasonable cause, and yet she touched and looked underneath my daughter's blouse, over my daughter's objections, and over her protests that she had no injury. There is no picture or other documentation of this "injury", she simply added it as an afterthought. The school counselor was present and saw no injury, so I can only hope that she will be honest about it.
This woman coerced her way into my home, knowing I was fearful that she would take my children if I didn't comply with her every whim. She has violated so many of my rights, my children's rights, and my family's as a whole. The very laws are unconstitutional as is the inaccurate and discriminatory "risk assessment" used to label people "at risk" of becoming child abusers, which allows social services to open a protective case and keep families under state control. Of over 1,000,000 reports of child abuse, over half were cases with no abuse present, and only "at risk" parents deemed so through a checklist and the subjective opinion of a caseworker. This has caused such hype that protective service agents have been given way too much power coupled with immunity, because they need it to "err on the side of the child."
They cannot force their brand of "protection" on children who do not need to be protected. At least it shouldn't be that way in a free country.
There is no material evidence against me, just a preponderance of a caseworker's opinions and lies, yet I have been listed on the child maltreatment registry, and can no longer practice child care, which I have done in the past and fully intended to due when my baby is old enough to go to preschool. There is no opportunity to be heard other than a post deprivation hearing, at which I cannot obtain full relief. This is yet another violation of due process, of which there have been several in this case.
Due process on many levels, equal protection, family integrity, privacy, unlawful search and seizure of children and of home, parental rights.... how many rights does one agency have to violate before a stop is put to this?
I will be informed of my appeal date soon and can appeal the "true" determination and try to have my name removed from the registry. They never even gave me notice that they were sending a notification to the school to place in all my children's files, and I have had no chance to be heard on that matter either. All this on a caseworker's whim, and with no chance to be heard before the adverse actions are taken. All without just cause or evidence. They have harmed my family and my children in the name of "protection."
Sorry for being so long winded. My actual question is, do I need to raise all Constitutional issues at this Administrative hearing in order to preserve them for appeal, and how do I do that? I can have witnesses and cross examine the caseworker and her witnesses and present evidence, but do I get to file a brief or anything like that? I am over my head where the procedural issues come into play. When it comes to the how to file, what to file, and the format, I have no clue...
In my case, the mandatory reporter was a school counselor who my daughter turned to because her feelings were hurt and she wanted someone to talk to. I had broken up a fight between her and her sister that morning and had physically disciplined her. Physical discipline is a rarity in our home, that's why it upset myb daughter. I have rarely had to use this form of discipline with her, and cannot even remember the last time before this. This discipline was NOT abuse under the laws of this state (even school's can use physical discipline here) as long as there is justifiable cause, and there is no injury or other statutory elements of abuse.
The reportet happens to be close friends with the child abuse investigator, who happens to be a renegade caseworker hoping to eradicate all physical forms of punishment and hoping to enroll all parents in "parenting classes." she told my oldest daughter that she intended to teach me some things "including better ways to discipline." This was before she had even interviewed me, so obviously I was guilty and signed up for parenting classes before she even coerced her way into my home without a warrant.
This woman has twisted many things and even flat out lied and fabricated evidence. She asked me how I slapped my child, and I raised up my hand to show her an open hand. She put in her report that the way I demonstrated this to her "made her believe the slap probably landed in the facial area." This is nothing more than trying to make the incident fit the statutory definition of an unreasonable act, one of which is "striking a child on the face" which I did not do. How does showing her an open hand indicate where my hand landed? This is ludicrous. She also fabricated an injury which was not there, which she well knows, since she practically strip searched my child during an unlawful seizure of her at school. She had no warrant, no reasonable cause, and yet she touched and looked underneath my daughter's blouse, over my daughter's objections, and over her protests that she had no injury. There is no picture or other documentation of this "injury", she simply added it as an afterthought. The school counselor was present and saw no injury, so I can only hope that she will be honest about it.
This woman coerced her way into my home, knowing I was fearful that she would take my children if I didn't comply with her every whim. She has violated so many of my rights, my children's rights, and my family's as a whole. The very laws are unconstitutional as is the inaccurate and discriminatory "risk assessment" used to label people "at risk" of becoming child abusers, which allows social services to open a protective case and keep families under state control. Of over 1,000,000 reports of child abuse, over half were cases with no abuse present, and only "at risk" parents deemed so through a checklist and the subjective opinion of a caseworker. This has caused such hype that protective service agents have been given way too much power coupled with immunity, because they need it to "err on the side of the child."
They cannot force their brand of "protection" on children who do not need to be protected. At least it shouldn't be that way in a free country.
There is no material evidence against me, just a preponderance of a caseworker's opinions and lies, yet I have been listed on the child maltreatment registry, and can no longer practice child care, which I have done in the past and fully intended to due when my baby is old enough to go to preschool. There is no opportunity to be heard other than a post deprivation hearing, at which I cannot obtain full relief. This is yet another violation of due process, of which there have been several in this case.
Due process on many levels, equal protection, family integrity, privacy, unlawful search and seizure of children and of home, parental rights.... how many rights does one agency have to violate before a stop is put to this?
I will be informed of my appeal date soon and can appeal the "true" determination and try to have my name removed from the registry. They never even gave me notice that they were sending a notification to the school to place in all my children's files, and I have had no chance to be heard on that matter either. All this on a caseworker's whim, and with no chance to be heard before the adverse actions are taken. All without just cause or evidence. They have harmed my family and my children in the name of "protection."
Sorry for being so long winded. My actual question is, do I need to raise all Constitutional issues at this Administrative hearing in order to preserve them for appeal, and how do I do that? I can have witnesses and cross examine the caseworker and her witnesses and present evidence, but do I get to file a brief or anything like that? I am over my head where the procedural issues come into play. When it comes to the how to file, what to file, and the format, I have no clue...