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 childrens 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 Acts 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
childs 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
childrens 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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