From: THE - COMMITTEE  
Sent: Wednesday, November 26, 2008 6:30 AM 
Subject: THE BIG FIX ( essay )

Dear Leonard - and - People of the World,

Mr. Henderson, of the American Family Rights Association, (AFRA), has been asking for an essay, to depict that which is wrong with the Child Protection System (CPS), and what, if anything should be done to correct it, (see article below).

In response to his timely request, we shall attempt to divulge that which we have long advocated towards, repeat that which I have long spoken of, and speak out that which we are firmly convinced of...

Ok... If you're so smart, never mind telling us us what you think is wrong with the Child Protection System, tell us how you believe it can be fixed, amended and/or enhanced to work as originally intended...  Tell us how the System should work.  To this end we shall present the following Essay :

---------------------------------------------

There are several problems that plague the Child Protection System and is causing untold damage to those who are subjected to its' power and authority, both from outside the system, as well as within it.  We shall attempt to present how the System should work, as was intended to work, so that the integrity of community and our Nations, in whole and in part, is protected and defended, one family at a time.

EXAMPLE of HOW IT SHOULD WORK :

Across America, in every state/province, city/town, etc. there are "Child Abuse Hot Lines".  These hotlines are widely advertised to receive calls from reporters of alleged abuse/neglect; regardless of whether the call is from a child or adult.  A call comes in and an operator takes the information.  This information may come from a professional, (who are REQUIRED to report only DEFINITE signs of abuse/neglect, not "suspicions"), or from a private citizen, (adult or child), whose credentials, motives, and association shall eventually be explored, with severe penalties for false reporting and perjury.

Anonymity of the reporter is no more concealed and protected than that of any other witness to a crime.

This report goes to a Police department called the "Child Abuse Division" (CAD).  During the course of the investigation, the rights and freedoms of both victims and alleged perpetrator are protected, to ensure an objective and impartial investigation.  After all, the only thing of interest here, is the truth, the whole truth, and nothing but the truth.  

The Criminal Code of the Land, includes a special section, within the, "Assault Statutes" and/or "Negligence Statutes", with special reference to "Child Abuse/Child Neglect".  This aids police with their investigation, without demeaning the rights/freedoms of the victim or the accused, nor based on "feelings" or opinions.

During the course of this investigation the foundation for the report is explored to ensure it is not the product of spiteful or vengeful retaliation.  It also removes the stigma of "Parent" and "Child" from the Statute, to ensure that no prejudice or bias remains in the equal dispensation of justice.

The investigation begins by attendance at the family home.  Police question the suspect(s) and interview the victim(s).  If there is sufficient evidence to conclude some form of REAL abuse/neglect has occurred- then the alleged perpetrator(s) are arrested and charged with a Felony.  If both parents are suspected of  having committed REAL abuse/neglect, either by willful misconduct or negligence, then the child is referred to a local Child Protection Agency, for temporary placement in a Foster Facility; pending the outcome of the trial and dispensation of the Agency caseworker, should the accused be found guilty.

By treating the case as a "Felony", rather than a "Misdemeanor", the rules of evidence, testimony, and other information is held under a more strict code of presentation -and- the accused is tried by a jury of his/her peers, rather than some judge or "commissioner" in a statute, administrative law "civil court".  This ensures the case has met the burden of proper conduct within the administration of justice. 

It also places the alleged abuse/neglect in the criminal code and places the Child Protection Agency in the role of helping the child rather than persecuting parents.

Once convicted of the offense, the Judge may issue orders for fine/imprisonment, followed by intervention by a Child Protection Agency to ensure that returning the perpetrator to the family home will not expose the victim to further abuse/neglect.  

This is where the prescription of such things as, "Risk Assessment Models", and, "Potential for Re-occurrence" comes into play.  It is a therapeutic environment that serves to curb the abuser/neglector from re-offending, through education, supervision, psychological treatment and continuous evaluation, while protecting the victim, his/her other siblings from any other kind of abuse/neglect.

In custody battles, during divorce, the same principles apply, (as above), with severe penalties for perjury.  This ensures that one parent does not abuse/misuse the Family Court System as a weapon against the other.  

This is important when tempers are high and animosity between parties is present.  It is in the best interest of the offspring to ensure that such rigorous efforts are maintained, in order to avoid taking up the Court's time with frivolous accusations and persecutions.  This leaves the Judge much more free to make much more sound and reliable determinations, when seeking the "Best interest of the child(ren)".

The mandate of every Child Protection Agency within the Child Protection System should be to protect and serve the needs of the child.  With the above-noted System, the Agency will have the same financial funding, resources, and facilities, however these will go a lot further, since children will no longer be apprehended merely upon a whim, but rather as a result of sound, secure, and proven police investigation.  

While there still may be potential for "human error", the presence of objectivity will reduce this potential to more acceptable levels.

Further, since caseworkers within Child Protection Agencies will no longer be saddled with the duty of investigating child abuse/neglect, their position will be much less adversarial and parents may very well be more inclined to work with and heed their advice and counsel.  

As in other cases of "assault", the perpetrator is unlikely to blame the therapists attempting help them curb their violent/neglectful tendencies, but rather be more receptive to therapy and treatment.  

This is the role that a Child Protection Agency should play within the Child Protection System.  It is in both the child(ren)'s best interests, as well as the parent(s)'.

Because of accountability and responsibility placed upon police departments by various oversight methods, the potential risk for abuse/misuse of the System is greatly reduced and a more objective environment of investigation and conclusion is reached. 

 Further, police may still act, in instances of what may be perceived as, "urgency", and "spontaneous risk evaluation", should evidence suggest the child(ren), in question are genuinely in imminent danger, and at grave risk, in the family home.

When we used the term, "Temporary Placement", (above), we mean that all efforts to secure a place for the child(ren), back into the family home, or with extended relatives should be thoroughly explored, under penalty of redress, for any negligence therein.  

If there is any potential to return the child(ren) to the Family home or to relatives within the extended family capable and willing to take the child(ren), then all attempts to do so should be sought, before giving up on the child(ren), and even thinking of placing the child(ren), up for adoption.  

Preservation of Family Integrity, should be a maximum priority for every agency within the Child Protection System.  This would ensure that only those unable to be safely placed will spend any lengthy time in foster care; properly using resources and facilities.

Once a parent(s) or caregiver(s) have been charged and convicted of REAL abuse/neglect and the agency has conducted lengthy intervention, there should come a time when the caseworker must evaluate this family, and determine whether continued intervention is necessary.  If found no longer necessary, the caseworker should conclude this matter as resolved and make a determination, "The child no longer at risk", and close the case file.  

This would greatly reduce the number of open cases upon a worker's desk and leave them free for more pressing and urgent matters; resulting in a vastly reduced caseload.

Constant vigilance must be maintained to ensure that resources, facilities and finances are strictly administered by these Child Protection Agencies, with monthly supervisory evaluation reports.  Further, if one child is found to be abused, (and none of the others), this should not be a case of take 'em all.  Each child must be evaluated on a case by case basis.  

After all, just because one child is at risk, does not necessarily mean the other children are; but if a suspect is charged and convicted, and there is no other guardian available, this is something that must also be determined by police.

On the subject of, "Bail"- If a suspect(s) is arrested, part of the "Bail" condition must restrain the accused from any further contact with the victim(s), at least until the trial is over, and the accused is acquitted, or in the case of a conviction, until such a time as it is deemed safe and secure for the two parties to once again be reunited.  However, if and only if reunion is not at all feasible, should any such reunion be set aside.  This would ensure that any and all attempts at family reunification have been fully and extensively explored.

It is imperative that an accused be arrested, charged and convicted to ensure the accused is guilty of something before the Child Protection Agency enters the picture.  To simply say, "this family is known to us", or, "There is potential for risk", is mere innuendo and speculation, that leads to rumor and prejudice of the worst kind.  

Our Constitutions were written, accepted, and enacted for a reason.  To simply dismiss them with some form of seductive reasoning is to dismiss all that has made our Countries great and strong.  This serves only to diminish this strength and reduce our countries to a pathetic hulk, ripe for invasion.

While many aspects of other crimes fail to reveal the name of the victim for one reason or another, that is where the limits of confidentiality must end.  To ensure a fair and impartial hearing, trial, etc., defense counsel must have "Disclosure", and freedom to mount a viable argument, in order to present an adequate defense.  

Any and all other forms of confidentiality breeds an evil of rumor and speculation, that only serves to defeat the administration of justice.  "Lady Justice", is already said to be blind, we must not also make her a deaf mute as well.  The Administration of Justice must remain a priority, regardless of the type of Court, a case may be heard in.  Otherwise, the entire premise of a impartiality is sabotaged, and there is no administration of justice.  Right and wrong become obscurities, lost in a sea of relative ambiguity.

We could go on and on, to fill up a novel, but sufficient to say this would be a good start at fixing the System of Child Protection so that children would be protected, parents would not be persecuted, and Family Integrity is kept as the highest priority.  

We claim that, "Family", is the most basic and fundamental collective in our society.  To attack the, "Family", is to introduce a virus into our society, at the molecular level, that will sicken our Nation and leave it open to ultimate death and destruction.

If there are any other aspects of this matter you wish to discuss, please feel free to contact us through the information (below), and we will attempt to answer your questions to the best of our ability.  As we advocate on behalf of the rights and freedoms of parents and children, we often run into situation where people will ask us how we would fix this, that, or the other, and we respond to them with answers specific and relative to the individual questions they pose...  

Sincerely,

Carolynn J. Middleton BA BSc
( Executive Secretary )

Representing the Opinion of;

The Executive of;