CHILDREN ARE BEING
TAKEN FOR MONEY: IS THIS THE UNITED STATES of AMERICA?
The State of California Department
of Social Services (DSS) is receiving funding from the Federal Government to the
tune of 25 billion dollars a year and this does not include incentive bonuses.
The federal funding to California comes from CAPTA (Child Abuse Prevention and
Treatment Act of 1974) funds. The primary goal of CAPTA as stated in federal
law is child safety and family reunification. The laws are there but the DSS
does not follow them, as there is no effective oversight of the system that is
now out of control. It has become readily apparent that SS takes children from
families, adopts them out and collects the federal monies for this process.
95% of the children taken by the DSS are from low income and minority parents.
The next focus group of families will be the middle-income parents. DSS focuses
on the low income and minority families because they cannot afford proper legal
counsel and will loose their children to the system. Why would DSS want to take
and keep their children? It is all about money! The system got out of control
and was flooded with foster children. The money flows into the state to take
care of these foster children. In 1997 the Adoptions and Safe Families Act
(ASFA) was passed and it provides a 4 thousand-dollar incentive bonus to the
state and counties to increase adoption quotas over the baseline to a set goal
to be reached in 2002.The intent of ASFA was to help reduce the number of
children lingering in the foster care system. Unfortunately most of the older
children are not desirable to adopting parents. Since adoptions of older
children could not increase, then the most adoptable age of children would be 3
years old and under.
The
ASFA also started concurrent planning to help move children especially 3 years
and under through the adoption system quicker. Concurrent planning is now
confidentially acknowledged to have been a mistake by the state as the counties
are abusing the ASFA concurrent planning to steal babies and adopt them out to
meet their quotas. Children are now just a quota being used to get a bonus paid
to the state and counties. ACF (Advocates for Children and Families) is a grass
roots self help organization of parents whom are being abused by the misuse of
power by state and local Department of Services Agencies (DSS).ACF exists to
help families and children with the administrative law process. ACF survives on
the donations of its members and has no governmental or outside funding. The
representatives of ACF have joined together to help others in need. ACF can
provide help to those that want to learn the process to help themselves and
eventually others that are in similar situations. The primary goal of ACF is to
help children develop in a safe and loving environment and to secondly keeps
the family unit functioning if at all possible.
JUVENILE DEPENDENCY
LEGAL BACKGROUND AND ISSUES
The child welfare system in California involves two legal processes consisting
of the judicial system and the administrative law system as seen on Figure
1.The judicial line within this system consists of Superior Court at the top
and the Commissioners, Referees and Mediators at the bottom. The judicial
system (juvenile dependency) has jurisdiction over custody of the children in
detained by the SS, paternity and visitation with the parents. Administrative
law governs all actions of the SS. This is generally consistent throughout the
United States through federal oversight. The administrative complaint process
or State Fair Hearing is clearly shown in 45 CFR 205.10 et. seq. .; XIV Amend.
U.S. Constitution and Title 22 Division 22 22-000 et. seq. pursuant to California’s
state plan. Administrative law is that legal process in which the SS operates.
ADVOCATES FOR
CHILDREN AND FAMILIES
Child Welfare
System
Appellate Court (less than 3% get positive results)
Superior Court
Commissioner Referee Mediator
