Guilty until proven innocent
An investigative report by the Belleville News-Democrat out of Belleville, IL has found that the Illinois Department of Children and Family Services has a very high error rate in who gets put on the state’s official child abusers list.
A big part of the problem here is that social workers generally have incredible power over the whole situation and all rights are held by the state. Read on for more from the investigative report.
From the investigative report:
When a state official came knocking in February 2007, Nick and Judi Brunstein already had been cleared of allegations that landed them on the state’s list of child abusers.
But they didn’t know it yet, because their lawyer had not been notified of the hearing judge’s ruling.
Nevertheless, a DCFS worker offered to return their foster care license and close the case if they signed a paper saying they were guilty of licensing violations, the couple said.
“I told her that there is no way that we are going to sign anything and admit to something we didn’t do,” said Nick Brunstein, a retired Army officer and Desert Storm veteran.
The oldest of the Brunsteins’ three foster children — an 11-year-old girl diagnosed as schizophrenic and bipolar — accused the couple of physically and emotionally abusing them.
She also said the Brunsteins were being overly strict by requiring the children to do chores and homework.
The day after the caseworker’s visit, the Belleville couple learned that DCFS administrative law judge Judy Heineken believed them and ordered their names removed from the child abuse list. They recently got their foster care license back.
Heineken’s 25-page ruling criticized DCFS caseworkers for basic errors in the investigation and for presenting an abuse case dependent on the uncorroborated word of the 11-year-old.
The judge also chastised the agency’s main expert witness, a Belleville psychologist, who didn’t know the girl was schizophrenic and bipolar because she never checked her medical files.
Heineken said school officials, friends and neighbors “wholly refuted” the girl’s accusations. She also noted the Brunsteins repeatedly asked DCFS to resume supplying the same mental illness medication the girl received when living with other foster parents, but the agency refused.
Fighting DCFS cost the Brunsteins $20,000 to hire a lawyer. And the three girls they hoped to adopt — ages 2, 5 and 11 — were taken from them and never returned.
“I don’t know if you can call this a win,” Nick Brunstein said. “Our savings are wiped out, and our caseworker who wanted to take our foster kids and hurt us did exactly that. No one at DCFS will be held accountable.”
Today, the Brunsteins are parents again. The day before the DCFS worker came to the door, a surrogate mother delivered their daughter, Grace.
“Kids get bruises and scrapes when they play,” said Judi Brunstein as she watched Grace, now 14 months old, play with toys. “We are going to be on their radar for the slightest thing. It wouldn’t surprise me if some day they try to get Grace.”
More from the article that shows a lower burden of proof required and that you must prove your innocence to the state instead of the state proving your guilt:
Often, it’s the most vulnerable families that come under DCFS scrutiny.
“The brunt of the system falls on the poor … who cannot afford to appeal,” said Lehrer, the Chicago attorney.
“While they need to go after people who are guilty of serious child abuse — sexual abuse, burns, fractures — the truth is that these kinds of cases represent a very modest number. Most of the investigations do not involve real abuse,” he said.
People who are accused of child abuse, or “indicated,” and appeal don’t have the same protections as in criminal proceedings and are presumed guilty until proven innocent.
And names can get out, even though the state child abuse register is closed to the public, lawyers and exonerated parents say. The list is open to social workers, police officers, school officials, even members of neighborhood park district boards.
Lehrer said that evidentiary rules at DCFS hearings, which are closed to the public, allow both sides to introduce hearsay evidence that would be banned from a criminal courtroom.
While wrongly listing parents as child abusers is “terrible,” it is not the result of malice on the part of DCFS investigators, said Reich, the University of Denver sociology and criminology professor.
“I think there is in this system — because of its low burden of proof — a logical belief that it’s easy to identify abusers and mistakes aren’t going to be made, but that’s not true,” she said.
When our legals system is built on the “best interest of the child” instead of the parental rights doctrine we can expect that the first people to lose will be the poor. The only way to have a chance against the system is to hire the best attorney but if you are poor you can’t afford an attorney.
DCFS caseworkers ordered Kim Cooper to put a fence around her yard and new locks on her doors and windows at a cost of $5,000 because her severely mentally disabled daughter kept getting out.
The single mother from Collinsville also had to agree to allow a private agency worker hired by DCFS to sleep on the couch to provide 24-hour supervision.
Caseworkers first became involved when a neighbor called to say the 13-year-old girl, who has autism, was in their swimming pool.
While Cooper was talking to a DCFS caseworker one day at her kitchen table, the teen somehow slipped past them and ran outside. Cooper and the state employee gave chase and finally caught the girl.
The fence and locks proved ineffective.
After that, Cooper refused further DCFS demands, which landed her on the state child abuse list, indicated for neglect. Cooper appealed, and a DCFS hearing judge eventually sided with her. But while Cooper waited for that ruling, caseworkers removed the girl from the home.
“They took her out of my arms,” Cooper said. “I didn’t know where she was.”
The next day, Cooper filed an emergency petition and went to court to get her daughter back. A St. Clair County judge ordered the child’s immediate return.
Cooper found her daughter in a Granite City hospital’s psychiatric wing.
“She was on a mattress on the floor. There wasn’t anything else in the room. It was awful,” she said. “It’s the most horrible thing I’ve ever been through.”
It is important to note that most of the social workers and others in the child protection service systems are good people who mean well. They are truly trying their best to help families and children. There are also real child abusers out there that need to be dealt with strongly. We cannot as a society tolerate child abuse. But it is also child abuse to take a girl from her mom and put her into a psychiatric ward. Falsely accusing parents of child abuse is also a form of abuse to the child. Taking or even threatening to take a child from a loving home is child abuse.
The system is broken. At the heart of the problem is our legal drift from the parental rights doctrine. While the Supreme Court has consistently favored parents…
The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition. … Simply because the decision of a parent is not agreeable to a child or because it involves risks does not automatically transfer the power to make that decision from the parents to some agency or officer of the state. -Parham v. J. R., 442 U.S. 584 (1979)
and
Until the State proves parental unfitness, the child and his parents share a vital interest in preventing erroneous termination of their natural relationship. -Santosky v. Kramer, 455 U.S. 745 (1982)
…we need to reestablish at the state and local levels the basic legal concept of “innocent until proven guilty.”
Why is it that even though this stuff is being brought ti light, that noone is doing a damn thing??
May 20 at 12:51 pm
Parent’s are not innocent until proven guilty. As far as CPS and the court’s go, parent’s are guilty even when proven innocent!
May 20 at 6:50 pm
These kinds of stories sicken me.
What can we do? I agree that something needs to be done, but what? How do we fight such a huge monster as CPS/DCFS?
I guess we all could start writing letters, making phone calls, sending emails to officals when these kinds of stories come to light and make a whole lot of noise but we’d have to do it collectively so it has the proper effect. Who is willing to do that?
May 20 at 9:01 pm
The rights are clearly being taken away from parents and when these same children commit crimes then the government wants to charge the parent. We are clearly in a no win situation. We as parents have got to ban together and find out ways to support each other and take back our rights. I live in the state of Missouri and DFS is not a agency I want to have to deal with but anytime my child is disiplined he feels the need to run away and now I have to deal with them. When I ask the DFS to just remove the child from my home (a great newphew) I was threatened with DFS filing an abandonment charge against me and having my nursing license taken way. I have not abuse the child or negelected the child, he just wants to go live with his parents who’s rights have been terminated by the state. The DFS holds me legally responsibile for the children but they give the child the right to make all the decisions in my home. What is wrong with this picture? They don’t care If I can afford to feed the child and they don’t give much assistance for the childs welfare ($290 monthly for the care of 3 children) but they have the right to dictate to me how to contol the child. I am all but willing to be one write, call, e-mail or do what ever I have to do to get some type of support for not only myself but for all parents.
May 22 at 9:29 am
There is a continual assault on our rights in every area. See the following: link:
globalresearch.ca/index.php?context=va&aid=8914
We need not only people willing to write, or march for freedom on July 12, but, we also need more politicians who will run for office and uphold our rights. We need more judges who base their decisions on our Constitution. America has to wake up, now, to ensure our rights. We are innocent until proven guilty and it’s ashamed so many people are losing their life savings because the courts are operating alternatively.
May 23 at 12:26 pm
To Melinda,I live in Nashua, NH. I am constantly writing to the Senator’s, State rep’s, the Governor, the Justice Dept., newspaper’s and other media. DCYF in Nashua will never forget my name. I am their worse nightmare, as they are to families. DHHS in Concord know’s who I am. The Judges and Attorney General know who I am, but I am only one person. Everybody need’s to join this fight. We need to be heard. I can’t keep doing this alone, though I am doing my best to make their live’s a living hell, the same hell they have put my family through along with so many other’s. Their corruption need’s to be exposed and the veil of secrecy need’s to be lifted. My daughter’s children were kidnapped by DCYF. There was no evidence of the children being in “imminent danger.” Everything said was hearsay. The Judge didn’t even ask for proof. If he had, there wasn’t any evidence DCYF could give. This is the same thing that’s happening all over our country and need’s to stop. Everyone need’s to step up and fight back. Media would be a huge help, if everyone would get together and write to them and all Government offical’s. They can help us if we can get enough people to tell their stories of DCYF abuse. If they get enough stories, maybe they’ll finally figure out that DCYF is corrupt and that they are taking children illegally. Then maybe our government will finally put a stop to this horrendous injustice aimed at the American family.
May 24 at 9:53 pm
Dot,
I am sorry to hear about the pain your family has suffer by the CPS (DCYF) in your state.
I also want to thank you for writing those letters and making an effort to have your voice be heard. God Bless you!
I too have written emails after hearing of the abuses inflicted on families by CPS. You are 100% right, you cannot do it alone. ALL parents must stand up and fight against this monster called CPS. They are corrupt, dangerous, and destructive and they MUST be exposed for what they are.
They MUST be stopped!
May 25 at 8:29 am
DGUOR,
What is happening on July 12th?
May 25 at 8:31 am
(Melinda, on July 12th there is a march being organized by Ron Paul, or his supporters — in Washington, D.C.; link)
–
Stan
May 27 at 2:31 pm
Thank you Stan.
May 27 at 9:37 pm
Melinda, sorry I missed your question. I’ve been busy over the holidays. Thanks Stan.
May 29 at 11:05 pm
On July 17th, my 12 year old daughter struck my 8 year old son w/o cause. My wife and I don’t spank so I told my daughter to go to her room, she was in time-out. She refused to go and a tussle occurred as I lead her to her bedroom (she is 5′4″ ~ 125 lbs. and I am 5′8″) I remember shouting at her that she was not going to hit her brother ever again, it ends today. Almost 3 hours after the incident, 2 cops arrest me for Domestic Violence, my daughter told them I hurt her head when I did no such thing and she never even told me I hurt her. Now, I can’t be in any contact with my wife and 3 kids. In frustration I mentioned it to a co-worker that had gone through something similar. Worried after the fact I decided it would be best to explain things to my manager before it came back the wrong way. Didn’t matter, I was fired. (WHAT IS GOING ON IN THIS WORLD with Guilty until proven Innocent???) I can’t punish my daughter for striking her brother but an officer can handcuff me so hard my wrist is bruised? They can remove me from my home on my 12 year olds say so?
I am all for protecting kids and women as there are some mad dads that will fight with the wind if it blows the wrong way or when they get in the sauce but I’ve lost everything and my court date to say, “not guilty” is over 2 weeks away. This STINKS!!!
Jun 23 at 11:26 pm
I agree with all you who say there is something terribly wrong with our system today. There is no such thing as innocent until proven guilty when it comes to social services. They hold all the power and it seems that unless you are rich, you can’t do a thing about it. To the sad dad I hear what you are saying about not being able to discipline your child. I am labeled as being a controlling and inappropriate parent because I set rules and limitations in my household and don’t let them have free for all. But when they took my daughter into foster care she was given some very strict rules (supervised internet access, etc.) and even stricter rules when she got into trouble. That was ok with DSS. They were all for that. But God forbid I do it, I’m a controlling parent. There are social workers out there who do care, but then there are several of them who are on a witch hunt and they lie. We happned to get an investigator who was on a witch hunt. She has misconstrued and lied about many things. I think she has some type of personal interest in our case or something. It’s almost as if she is out to pay someone back for something that happned to her in her childhood. She was rude to both my husband and I and just had a nasty attitude from the get go. They take face value everything a child says, even if your child has a history of lieing. Oh, and if they catch your child lieing, it’s ok for them to point out to the child they are lieing, but when I said my child was lieing about something, I was labeled as negative towards her and “called her a liar”. Something has got to be done about the power they hold. They should not be above the law!! My attorney has told me he has had cases involving the same investigator where the judge ordered family reunification and this woman held up this process for 7 months! How can that be if the judge ordered it? I don’t get it!! When I asked my attorney to appeal me being listed as a responsible person ( responsible for the abuse and neglect ofa child ) he basically said that he would do it but he was certain they would deny it because he said that in his opinion, DSS in our town is afraid of their women social workers. The allegations weren’t even against me, they were against my husband. But I am being blamed for knowing about it and not reporting it. The thing is, there wasn’t anything to report.
Jun 25 at 12:40 pm
Sad dad, please contact me on YouTube, SpeakerAuthor. Send an email please.
Unfortunately, too many people think that CPS won’t do these kinds of things until it happens to them. They also don’t believe in conspiracies. Then, we find out they men were not treated for syphillis intentionally by our government and the president makes a public national apology.
These are the last days and we must be prayerful. We must help each other. I was just on a long trip this weekend asking the Lord how to be the most help for the troubles in America. And, the answer is in God’s word as well as our history. We must work together, support each other, pray for each other.
I can never stress enough to know your laws concerning your children so you know your rights. And, still today, you have the right to remain silent (before they tell you that). FYI, officers may not read you those rights until after your field interview. So, parents must be careful. Television is inaccurate as to when the Miranda warning needs to be given. You can call your lawyer before you speak to the officers (then may open the door????).
I witnessed one of the “holding” the child until the tantrum is over, etc. this past weekend. The child is older now and the father has to use more “force” to restrain the child. This method may work for some children, but this is one example that I have witnessed where the child puts everyone in the house under hostage with the destruction or property until the child can be restrained. Families members started leaving saying they just couldn’t take it.
Each parent has to determine what works best for their child without government interference (unless a crime is committed). And, I think it is a grave injustice to the children who think a boss is going to hold them while they throw a tantrum at work or while the child is at school. Teachers do not have time to work with children in this manner. Thus, the child is expelled or suspended. They become violent toward other children.
As CPS continues to undermine the authority of parents, more families will be separated and financial ruin while fighting bogus charges in court. We need the PRA.
Jul 2 at 12:18 pm
If any of you are ever harrassed by DFACS please call me and I will brief you on what to do before they get there. They bothered 3 of my single mother friends (and one single father) and we live in a very RITZY white neighborhood. When they used me as a referral, I had to vouch that means LIE for 3 of my friends. THAT’S RIGHT as a single parent you are EASY TARGET!!! With a man in the house to defend you have less to fear. Everything you do is wrong, dating, TV dinners, not cooking, drinking, serving cake, having pain medicine, music, disciplining children, YOU NAME IT!! They can use it all against you!! I hate DFCAS. They harrass people to make sure they have a job!!! First hide all the liquor. Even if you havent touched that Elderberry Brandy that your Uncle Elmer gave you for Christmas 5 years ago, GET RID OF IT!! Clean the fridge and stock it with milk and OJ and fresh fruit and some store bought fried chicken. In the cabinets stock lots of canned vegetables. Make your house as clean as possible, and no pet poop on the floor because that is illegal! Tell them that your old boyfriend called them just to get even with you.
Jul 4 at 11:16 pm
Well somebody wanted me to blog back. Do I have documented evidence? Nobody wants to admit it, it is so shameful. I was told that DFACs doesnt keep records on their visits, and I find that difficult to beleive. THe shame that surrounds a DEFACS visit is overwhelming to the Mother. You have to give 3 references so you have to tell 3 friends that you absolutely TRUST! Their reputation precedes them and if the parents havent done something bad then you just might start going haywire and making your own mistakes because of the fear, nervousness and because of the harrassment. Dont give them an inch, you must LIE to them. My friend Debbie had 5 calls to DFACS against her over a 5 year period. Her slight drinking problem, (she was terribly skinny) became worse, but I had to lie for her and said I had never seen her drink ever…and I would gladly do it again! She became paranoid and afraid to leave the house and practically stopped eating because of her fear of DFACS and of the police. Her Xhusband called the cops once saying that she was attacking him, all beefed up 6 ft 200 lbs of him and she was barely 5′2″ 95 lbs. Under State Law, the first spouse to call 911 is protected and the other HAS TO go to jail for 3 days! (Known as a cooling period) THen there is court, you could lose your child! Lucky for her, the judge had already seen Foreigners abusing this law. Her French husband didnt want to stay married to her for two years to get his green card, so he accused her of attack so he could move out and continue his quest for his green card. She about flipped out after 3 days in jail, She was the only white girl there, and I told her she better make some friends fast, the girls in jail would have some good advice for her. They called her “Snowflake” and I told her ‘that’s cute, just laugh it off, go with it’ but she was just too scared and panicky to stay calm. She had to get a lawyer, and she was lucky to get a free one who was a stay at home mom. After that she that she was never the same, she had to let her 10 year old son walk around by himself to the school bus and the store because she was so downed by all the harrassment. I lost a friend because she is just ruined now and has developed some health issues too. She used to be a very talented intelligent fun person. She loved life and she was just gorgeous too. It is sad.
Jul 8 at 1:42 pm
The overwhelming problem is first contact. This is where the foundation for the case is built.
Jul 13 at 5:18 pm
Melinda and Stan I live in DesMoines Iowa in the DesMoines Register it had a big articile how DHS abuse their own children and that they get to keep their children and their job everybody should print DHS or cps names let them get expose to the media I haven’t seen my children in 2 in a half years because my exinlaws had money to bribe the judge and DHS was making up lies about me my children are 16 and 19 my exinlaws are so evil because I divorce my exhusbaned 16 years ago and they have been punishing me ever since the divorce he died back in 2005 the Judge Constance Cohen of DesMoines Iowa told my exinlaws if they want to adopt my children they can she would help them on my son 18th birthday last year I contacted my son downtown I gave him money for his birthday that night my exinlaws called the police on me the police came over they could not do anything because he was of age they where mad so about 2 months later they and county attorney and attorney general arrested me I was in jail for 2 weeks they charge me for harrassment 2nd degree the judge went and put a 5 year no contact order on me against my son now when my daughter turns 18 on her birthday they are going to march her up there and put a no contact order on me against her theis was a different judge but it goes to show you if you have moaney you pay the judge offlook at myspace see my children picture on there my son has a myspace Brian Rote but i can not talk to him my daughter Melissa Rote doesn’t maybe someone of you can talk to my son he is light my patch both of my children live in DesMoines Iowa maybe one of you people can tell how much I miss him and his sister.
Jul 22 at 5:23 pm
hi everyone my name is colby from scunthorpe in the uk, this kinda thing is happening in the uk aswell, my girlfriend julie had a little girl 2 years ago then had her taken off her last year,the lam reason they put is that her daughters dad is a pedophile,the reason i put is because of the fact that her ex lives with and is married to julies sister,julies sister her 3 kids and 1 on the way but they used that excuse to take her away and now they are planning to remove our own child when he i born in next few days way,this is common procedure over here.
im going to fight to keep him and im even going to get julies daughter back,
many thanks colby x
Aug 9 at 7:26 pm
I am not sure if anyone will see this or read it but i am currently going thru the same thing. my three children ( 6,5,1) were taken from me and i and my fiance were arrested for child abuse i was charged with aggrevated battery b/c his ex wife said i beat his daughter with a “club” when i had informed her that the child had wrecked her bike. Now before i continue we are talking about a 4 year old that is the size of a 2 year old and her weight is 23 lbs so being beat with a “club” would do some MAJOR damage. but a bike wreck would cause bruises yes but not SERIOUS harm. his ex wife failed to tell the doctor that she wrecked her bike and when investigated the police talked to two people ( who have the least amount of contact with all 4 children) they failed to talk to the other 9 people who are of upstanding character (compared to their two witnesses) that witnessed the care and treatment of these 4 children. when DCFS showed up at my house she asked to talk to my children and then said that they told her i leave bruises on them i KNOW BETTER my children are very well taken care of and they are my life but she took words and twisted them to suit her. and the detective on this case let his job go b/c he screwed up on the last case and the child died before he even started his investigation after report upon report. my children are being abused right now yes they are with family that love them but they were tore away from me and had to watch me be halled away in police car and have this stranger tell them they couldnt come home . my one year old daughter when dropped off at my grandmothers climbed into her older brothers arms shaking from fear and clung tight to him and would not allow anyone to touch her. I am outraged and i want to know what i can do? where do i go? i no longer sleep i spend my “free time” as everyone calls it now tryin to find out what i can do or where to turn and i have found that this happens all the time to people that truely love their children and would never harm them in anyway and the DCFS system as well as law enforcement agencies are so worried about proving that the innocent parents are guilty that they dont look at those children that are being abused until its to late!!! i need help and prayers i know that GOD will prevail over this but i want our system to CHANGE for our childrens sake!!!!!
Aug 20 at 2:03 pm
First off let me say that i love your site http://www.parentalrights.org a lot
now.. back to business haha
I cant say that im 100% with what you typed up… care to explain deeper?
Aug 25 at 5:51 pm