Mandated Reporting
Parents in Action position on Mandatory Reporting
Given at the Fordham University Forum on Mandated Reporting of Neglect In Light of the Nicholson Decision
June 14, 2005 at the Fordham University School of Law

Preamble:
Sen. Walter Mondale fathered the multi-billion child protection industry in America with the passage of CAPTA (Child Abuse Prevention and Treatment Act) in 1974 and Hillary Clinton greatly expanded this industry with the passage of ASFA (Adoption Safe Family Act) in 1997.

CAPTA
This Act set funds aside to states that enacted laws that mandated reporting of suspected child abuse, meted out heavy penalties for those convicted of child abuse, and gave matching funds to agencies that provided intervention, foster placement, and counseling to children labeled as abused or neglected.

All 50 states have passed some form of a mandatory child abuse and neglect reporting law in order to qualify for funding under the Child Abuse Prevention and Treatment Act (CAPTA)(Jan. 1996 version), 42 U.S.C. 5101, et seq.. The Act was originally passed in 1974, has been amended several times and was most recently amended and reauthorized on October 3, 1996, by the Child Abuse Prevention and Treatment and Adoption Act Amendments of 1996 (P.L. 104-235).

By 1979, the federal government had also placed funding caps on all other public social services, except for child protection. This caused a radical shift in social service agencies and personnel, as transfers and hiring to child protection agencies substantially increased. There was no additional funding for specialized training or certification for those who entered the field of child protection. One outcome of this is that due to the unlimited funding for intervention and the complete lack of personal accountability, widespread incidents of false accusation cases began to appear.

CAPTA requires states to enact legislation that provides for immunity from prosecution arising out of the reporting abuse or neglect, thus encouraging false reporting.

ASFA
"In November 1997 President Clinton signed the Adoption and Safe Families Act (“ASFA” or the “Act”), aimed at doubling the number of children adopted annually by 2002. ASFA represents a dramatic shift in federal child welfare philosophy from an emphasis on the reunification of children in foster care with their biological families toward support for the adoption of these children into new families".

"It is difficult to see how these children’s interests are furthered by the extinction of their legal connection to their parents. “State governments appear to be destroying family ties of a large, and continually increasing number of children,” Guggenheim charges, “with no concomitant benefit to children.” Termination weakens family stability for many foster children by disrupting their relationship with their parents, while failing to result in permanent placement".

"The Act’s focus on severing biological ties to make room for adoptive ones overlooks both the diversity of parent-child relationships as well as alternatives to adoption. Before petitioning for termination of parental rights, agencies should consider the strength of the attachment between parent and child and the likelihood of adoption, both of which are probably related to the child’s age. It usually makes more sense on both counts to terminate parental rights in the case of abandoned infants than in the case of adolescents or teens, especially those who have maintained contact with their parents".

"The class and race dimensions of foster care magnify this problem--virtually all of the parents who lose custody of their children are poor, and a startling percentage are black".
"It is difficult to see how these children’s interests are furthered by the extinction of their legal connection to their parents. “State governments appear to be destroying family ties of a large, and continually increasing number of children,” Guggenheim charges, “with no concomitant benefit to children.” Termination weakens family stability for many foster children by disrupting their relationship with their parents, while failing to result in permanent placement".
All this quotes about ASFA are from Professor Dorothy Roberts and can be found at: http://www.law.upenn.edu/journals/conlaw/issues/vol2/num1/roberts/node4_tf.html

Given the fact that Foster Care:
Is a System that disproportionaly impacts on Blacks and Latinos in New York City, thus being a system based on Race.
Is a Profit-driven Industry that targets the people who offer the less resistance: the poorest and less educated. Thus is a system based on Class
Violates the 4th, 5th, 9th, 14th, and especifically the 13th Amendment against Slavery and Involuntary Servitude, thus is Unconstitutional and Illegal.
Represents a continuation of the old system of Slavery, in a veiled more sophisticated form, and that is why is still applied on mostly Blacks and Latinos.
Counts with the unconditional backing of Family Court, which is an Institutionalized System of Injustice, setup with the only purpose of "legalize" this scheme, and rubber-stamp anything against the Parents that ACS, the Foster Care agency, or the so-called Law Guardians asks them to.
Violates the Universal Declaration of Human Rights.
Is the main Social Cancer producer that feeds the prison, homeless, and mentally ill populations.

Given the fact that ACS:
Is our local Child Protective Service agency, but does not protect anyone except the business interest of the Foster Care agencies.
Has a CPS Division that is the Greatest Child Abuser in New York City.
In order to Save 1 Child they Destroy 1000: either Moron's Logic or Clever Evil Social Engineering.
Has mastered the language of double-talk by using feel-good euphemisms, and calling "remove" instead of Kidnap.
Destroys the mind of that Child by "removing" the Child, since Parents are the people the Child trusts and loves the most.
Ignores the fact that Parents are the Natural and Best Protectors of their Children: if that were not the case, we would have disappeared as a species millions of years ago. The Best Interest of the Child is to Be with Their Parents.

Given the fact that Family Court:
Judges are appointed and re-appointed by the Mayor, thus work for the Mayor.
Is an Institutionalized System of Injustice, where there is no Jury or Due Process.
That a generous estimate is that Parents win 2 cases out of every 1000 cases on 1028 Hearings against ACS.
Allows bizarre procedings to take place. Hearsay and Innuendo are allowed. With those standards a flea could pass as an elephant or vice-versa.
Encourages ACS to disregard the law and Federal Court decisions, as expressed by former Commissioner Scoppetta under oath at the Nicholson case and many others in relation to the Tenenbaum Decision; thus being instruments of a crime.
Consider Parents guilty until proven innocent, and the fact that to be found abusive or neglectful in Family Court has nothing to do with reality. All it means is that someone decided to take revenge on that Parent, that the Parent was Black and Latino, and on top of that poor.

Given the facts that ACS prosecutors and so-called Law Guardians are made mostly of Childless Career Women who have not a clue of the travails and pains that women with Children, and especially if they are poor, go through to raise them. They are unusually cruel with those poor women who have many Children. A psychological revenge. The Class and Race divide between those two groups of people also exists. As for the so-called Law Guardians, the only thing they "Guard" is the business interest of this racketeering scheme, making sure that Children stay as long as possible in Foster Care and that eventually they are put up for Adoption.

Given the fact that:
Mandated Reporters ignore the devastating effect on Children that their actions bring. Ignore the huge increase in "reports" since the passage of Mandated Reporting laws. Ignore the fact that States get extra Federal funding if they abide by the Mandated Reporting law. Ignore the fact that Greene County Circuit Judge Calvin Holden in Missouri ruled that the Mandatory Reporting Law is unconstitutional. Refuse to face the ultimate consequences of their actions, but like Pontius Pilate prefer to wash their hands and just "do their job". Ignore the fact that even if somehow something is "legal", does not mean that is not a crime, as clearly stated in ARTICLE 6 of the Nuremberg War Crimes Tribunal. Prefer to be active partners in this Cruel Scheme. Do not have the Moral/Ethical courage to refuse to cooperate with this Gross Human Rights Violations scheme. Even if they refuse to follow the Mandated Reporters law, there is very little chance of any punishment, since almost no cases have been prosecuted, and in most of those prosecuted, they have been exonerated. So fear is an excuse since there is nothing to fear.

Given those facts, we recommend that Parents stay as far away from Mandated Reporters as humanly possible. That they are to be avoided as if they were the plague. They have become willing instruments of the State in the opression of Blacks and Latinos. That Public Schools and Public Hospitals are the two main referal sources for Mandated Reports, and thus are to be particularly avoided, except in emergency situations. That Parents need to re-build their Communities away from the Mandated Reporters. That Parents need to look at Homeschooling as an alternative to protect their Children from this army of predators working for the Public Schooling Industry. That Parents need to look at using preventive medicine, optimal nutrition, home remedies, regular exercise, yoga, midwifes, etc, as an alternative to stay away from this army of predators working for the Business With Disease Industry. It is interesting to note the profit factor in the Mandated Reporting: Private Schools and Private Hospitals rarely "report" anyone, but the Public ones do. A third referal source for Mandated Reportings is the Social Service/Mental Health Personnel that includes Social Workers, Psychologists, Counselors of any type, Day Care Center personnel, Welfare Agencies personnel, etc. The same: avoid them like the plague. They are Your Enemies, even if they smile at you or ask you to trust them: an army of informers and snitches ready to Destroy You and Your Children.

To those Mandated Reporters who have a Consciousness, we appeal to their Higher-Self, and ask Them to Refuse to obey an Unjust Law. In the tradition of Mahatma Ghandi, Martin Luther King Jr., and Rosa Parks, non-violent Civil Disobedience is a powerful weapon to oppose injustice and a vehicle for system change.

In addition, we need to repeal the mandated reporting laws. They are irrational and Produce Great Social Damage.

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