Sunday, June 14, 2015

Why We Are Stalled in the Reform of CPS

Editor's Note:

The following article was transferred from a document created by Roz McAllister on June 4th 2015. Many people do not agree with Roz.  Personally I tend to "agree to disagree" with her from time to time, but I do very much respect her 18 years experience as an advocate for reform. Therefore the reason I felt that her voice needed to be heard and posted where it could more easily be shared... Jim


Why We Are Stalled in the Reform of CPS
Roz McAllister, Family Advocate

           
            It seem that the stall in reform within Children Services is all my fault.  Why is beyond me since all I have done is attempt to explain, the “been there, done that” and it just doesn't work.  In fact, it backfires, time and time again!

            First let's just look at this from the common sense angle, and get to the nuts and bolts in a bit.  Can you name any family that was reunited by protests and petitions?  Well, I sure can't!  And before you try to site Justina, I can tell you that the spot light of the media did put pressure on, but then, when someone as big as Glenn Beck takes an interest (and may have helped fund the parents' fight), it's a bit hard to ignore.  The key was getting the right attorney to fight the case the proper way that was the winning factor, not the media.  You see, the judge is not supposed to listen to anything on a case outside the courtroom.  That being said, if the media put pressure on the decision, the judge is in violation, and needs to be off the bench!  So, let's look at a few current events and how they affect the reform movement.  But first, let's look at where we are starting. 

            Only 4% of US children have CPS cases.  This number has been relatively stable over the last several years.  I don't think anyone would not agree that there are some abused and neglected children for which CPS intervention is needed.  And some children are getting in-home services.  So, let's say that 2% of the children in the US need CPS.  So that means only 2% children are mistakenly in foster or kinship care.  That number makes us “insignificant” to the federal government to start with.  And the amount of money spent on foster care and related expenses are a small part of the federal budget.  Now add that the day to day operation of CPS is NOT a federal matter, but a state or local matter, depending on the state.  13 states don't have a statewide agency, but rather are a “county administrated” setup.  Here in Ohio, there are 88 separate CPS agencies, none of the employees being state employees, but county employees.  Many have their own policy and procedure manuals.  WE SIMPLY ARE TOO SMALL TO MATTER TO THE FEDS!  So, we must work smartly, accurately and in our own states to get anything accomplished.

PETITIONS TO THE WHITE HOUSE

            First, this is not a federal issue.  Secondly, the White House personnel don't even read these until they hit 100,000 signatures.  Then, they don't do anything anyhow!  Remember that Marine stuck in the Mexican prison?  The White House ignored that one and there were many, many more than 100,000 signatures.  And the current president is from what party?  He's a democrat!  The party of Mondale, the Clintons and Obamacare.  All furthering CPS.  And since you are public on your signature, you CPS worker gets to see that you signed it.  So, explain to me the good in this move.

            RALLIES FOR A PARTICULAR CASE

            Here I refer you back to the fact that none of this can effect a good judge.  And in one case, The Sisters in AZ, the fact that there was so much on Facebook and rallies and protests, the mother was issued a gag order.  You can argue 1st Amendment all you want to, but the 1st Amendment states “Congress shall make no laws”.  The judge is NOT Congress.  And if the other parties in the case, the caseworker, GAL, CASA, judge, attorneys, don't feel safe because of it, then it is appropriate for the judge to do something.  Again, you don't have to like it, you may feel it's immoral, but it's legal. 

            I planned and participated in one such rally years ago.  I was invited to sit in the courtroom, a HUGE honor in Summit County, OH.  I had worked long and hard and won the respect, if not agreement, of the court.  (That's why I preach about being creditable.)  And I asked a couple of questions of the parents' attorneys and took my advice and changed up their questioning.  At the end, the deputy sheriffs, as I was leaving, thanked me and my group of about 15 people for being so respectful of the grounds, the officers and the citizens. 

            Fast forward a few years, and I am in a courthouse in another county not far away, supporting another mother, and acting as a free-lance paralegal to an attorney.  I saw one of the magistrates (a person that hears cases in Ohio below a judge) from Summit County.  I had heard that she had left the bench, but didn't know why or exactly when.  As I had never had anything bad to say about her, I addressed her in the hallway.  She was very snippy with me.  I chalked it up to her being a prosecutor for CPS now, and didn't let it bother me.  As we are sitting in the conference with the magistrate for the parent, in walks Richards and tells the magistrate that I am a protester, not a paralegal and I was a trouble maker when she was on the bench in Summit County.  I got kicked out!  When the parent got a new lawyer, she was barred from speaking to me.  My name is now MUDD in that county!  NO MORE PROTESTS!

LET'S ALL GO TO D.C.!

            Again, been there, done that.  I've spoken three times on the Capitol lawn (see YouTube under Rosalind McAllister) and I was recorded on the Congressional Record (no big deal, you just ask that your meeting be recorded and it is available for people like that Senator from OR to listen to) twice.  It was nice to meet people from across the country, but nothing came of it.  I lobbied in the Senate Office Building with my then 7 year old grandson.  It was a great education for him and they said they were holding a spot for him as a page, he was so impressive at his job. (Cute, too, if this grandma can brag!)  You can see photos on my Facebook if you are among my friends.  Although our panels that are the Record had invited Congress to attend, no one ever came.  Bill Windsor, with Lawless American, the film that never was, did a gathering in DC.  Very few came and, again, no advance. 

            Why?  Because it's not a federal issue (See the 10th Amendment) and go back to the low impact.  And to be very cynical, I don't think many in DC are people minded.  People as a whole, yes, individually, no.  It's more about money.  It might be different if we, within the movement, did more to get the right people elected.  Most parents can't name their own representatives, let alone others in their state. 

CALL THE MEDIA!

            And say what?  That CPS is hurting your family?  That the judge isn't doing his/her job?  That the system is corrupt?  That they are selling kids?  AND YOUR PROOF?????

            The media takes enough raps for exaggeration of issues.  They need solid proof of misconduct.  Of course, it sure doesn't help when you are trying to assist a family, and it turns out that they didn't exactly tell you everything (like the baby was special needs and the parents were missing doctor appointments), so perhaps the media got it wrong, but your hands are tied in advancing the case.  On the very first case I assisted, we tried to go to the top investigative reporter in Cleveland.  He told me that he couldn't help because he had his own kids.  And once, when we got an investigative reporter to interview the parents, it was never aired. 

            So you do manage to get the media out to your rally/protest with all 5 of you there (okay, so there is 20 when there are 1,000 cases in your county.  Doesn't look good!)  And you have a bullhorn (megaphone) and you are yelling about selling kids and the state making money and the caseworkers getting bonuses for taking kids.  Well, since none of this is true, but the official budgets, union contracts, and court adoption records, you have just proven that CPS was most likely right.  You are crazy and a danger to your children. 

            Oh, we didn't do all that!  We just passed out fliers with information.  Was the information correct?  Was it local/state information?   Did you quote reliable documents and sources or videos from YouTube from non-experts or articles from non-recognized sources with no footnotes, only opinions?  I don't ever want to hear another TV story that says “Disgruntled parents” as a start.  What about “concerned citizens”?  Everyone wants “face time” to tell their own personal story.  They really don't care! 

            Recently, in Houston, TX, two babies died of abuse in 2 or 3 days while in foster care.  The reporter of the LOCAL FOX affiliate asked for stories people had about CPS.  Well, someone in a TX group, but not from TX, put out a call for stories from all over the country.  What a mess!  And a TX advocate claimed to have the ear of that reporter.  The person from Maine most likely ruined the chances of any more stories!  I commented only to say that as a national advocate, I hear much from TX and CPS's disregard for proper procedures and best practices.  I was available if he wished.  Other posts were sprinkled with colorful language and mean-spirited name calling.  Yeah, that looked real good for all of us, didn't it?  By staying clear of the fray or being above the mess, we can only hope that the TX advocate didn't lose a valuable connection.

WRITE LETTERS TO THAT OR SENATOR

            Well, did you bother to see who he is and what he stands for?  I did!  He is known to be all talk and no action.  His letter to the 50 governors proved, in and of itself, that he is uninformed.  13 of those governors have NO SAY in CPS in their states (OH, WI, CA, SC, NV to name a few) because they are county run.  Here in Ohio alone, he would have had to send 260 letters to address the top people in charge of CPS.  Not knowing that little fact ruins his credibility. 

            This guy is a democrat “ranking member” doesn't mean he is the chair of the committee.  That would be a Republican.  He has little if any true voice in the Senate.  A lack of general knowledge of the way government works got a bunch of people all excited about nothing.  And then, someone decided to send him individual stories.  He didn't ask for them that I can find, and no one will link me.  So, on that information, and after I attempted to verify it, it seems that yet again, what MAY have been an opportunity, no matter how slim, could be killed.  I even saw one person bragging that they personally had sent 9 letters.  And we want DC to think we aren't crazy?  How is that possible?

EXPOSE CPS JUNE 5TH

            Again, the wrong target, so we look like mental cases who forgot to take our meds!  FBI cannot just investigate things within the state.  It must be across state lines, an invitation from local government (like in missing children cases), or VERIFIABLE disregard by local law enforcement, like here in Cuyahoga County.  Here, the FBI was called in after the county sheriff (who ended up convicted) and the prosecutor wouldn't do anything about the corruption (the REAL corruption!) that was happening.  The County Commissioner, County Auditor, the Sheriff, six Cleveland Building Inspectors, many others for a total of 60 convictions in the county. 

            I tell you this only to say that I am well aware of what the FBI can and cannot do.  They are well aware of what parents and families see as a problem with CPS because they have been getting reports for years.  They don't have jurisdiction to do anything!  So, once again, it's wasted time and effort.  And again, because that is the case, we ALL look like ignorant whiners.  And anyway, what exactly got changed by Anonymous' actions to this date?  Another failure of an idea.

            So, you see, I have thought out all my options.  I have looked at all the angles, all the possibilities.  Some I have even tried, and some I have had backfire.  Some were a waste of time (except for my grandson seeing how lobbying works and site in DC). 

            I have been at this for 18 years next month.  Yet, the “young 'uns” act like I am an idiot.  I ask pointed questions because they need to understand what they are doing.  And I ask them directly so that there is no misinterpretation.  For those of you who have not had the “pleasure” of seeing my rude, mean-spirited and “bullying” questions to those promoting misguided events, here are a few:

            You do realize that Obama is pro-CPS, right?  So why are you wasting your time?

            The Democratic Party is the party of the original CPS legislation, and increased by Clintons.                       Why are you trusting them to change their work?

            CPS is a state issue, so why are you going to DC?  And you are going during a vacation week!

            Why are you saying that CPS makes a profit when that is not the case?

            Are you registered to vote?  Did you campaign for/with your state representative?

            Oh great!  Yet another setback for reform!  I may die before we get this done at this pace!