Chapter 1
 Administrative Law
The following quote is taken from the
Declaration of Independence of The United States of America
 

“...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security....”

When you decide that you want to become a foster parent it is because you have heard someone mention how desperate agencies need foster parents. When you consider that you have a lot to offer a child in need of love, your decision is based on your desire to give back to this society.  What better way to accomplish that than to reach out to a child who needs you.  Your decision has been based on much thought and much consideration.  You have attended the foster parent trainings and have liked what you have heard so far. 

The problem is that much of what you have heard thus far has been glossed over to look more presentable.  It is designed to entice good people to become foster parents.

Remember, my job is not to scare you, but to warn you of some of the problems you will encounter in your fostering experience.

Getting foster parents is not the problem; it is keeping them which seems to be the problem. This makes a person wonder why they are always short of foster parents?  The answer to that question is simple, if you treat those who are in service to you badly, they will eventually leave, no matter what purpose has brought them into that service in the first place.

When you decide to become a foster parent, be it—just the thought of being able to help children has motivated you; a little extra income doing something you absolutely love, or maybe you and your spouse have been unable to achieve pregnancy.  Whatever your motivation, you find yourself with certificate in hand and faced with which agency to choose, private or state? 

You have probably gotten acquainted with a few other people along the way in the classes that you have attended, or through the Foster Parents Association.  They have told you their opinions on which is best.

I try to attend as many Foster parents trainings as I can, because I want to see for myself what is being taught in these classes.  I think of it as a comparison to a person moving to Florida.  Hurricanes often hit at certain times of the year, and it is appropriate to help you understand the problem.

Would you wonder – if, when you asked how bad the storms really are and how often they hit, if the residents in your neighborhood just shrugged their shoulders and said things like:  “Oh, don’t worry about that. It doesn’t happen that often,” or “We always get plenty of warning so that we can prepare.”

Would it be better to hear truth from these neighbors? Would it be better to hear the truth from these veterans who have lived through many hurricanes? 

Personally,
 I would rather hear the truth. 

Then, after hearing the truth, I would make preparations for this event.  I would complete the necessary steps to prepare for this coming storm.   Example:   I would purchase, ahead-of-time, the plywood needed to board up my windows.  Boards that have been pre-cut to precisely fit my windows, and have them stored in my garage or basement.

I would have hurricane lamps and supplies on hand at all times to carry my family through a few days should we have to survive without water or electricity.  If I am not told about the storms then I am not prepared for them. Early warning systems are in place to save lives, right?

Then, why is it that you, a brand-new foster parent are not being informed of the deadliest storm on the face of the earth? A Storm.  One that can and will, tear your family apart at the seams. A Storm called CPS…

It doesn’t make sense!  It also shows that they don’t care about You – the Foster Parent.  Our website opens with a darkened house in the middle of a raging storm.  You can click on the house and come in  -- out of the storm.  We are literally:

We are your early warning system.  It is my hope that this booklet will help equip and assist you in preparation for the oncoming storm.

When someone asked me to create this booklet on our legal system, I knew it would be a challenge. Especially since I myself am not an attorney but someone just like you.  I am an average person; who, when I began taking in children who needed help, knew absolutely nothing about the legal system. 

When you become a foster parent, no one tells you that you will need to learn as much as you can about our unbelievable legal system.  No one tells you that you need to become familiar with the statutes and codes for your state.  No one tells you that you will have any need to know these things.

You see, exploring our legal system as we understand it; that is, from a layperson’s outlook, is extremely and overwhelmingly complicated at first glance.  But, I have found that when something (anything) is new, we tend to find it complicated.

As you learn and grow, the pieces begin to come together and you realize that is isn’t really that hard at all.  If you approach fostering as you would any challenging job that you have been asked to take on, in learning as much as you possibly can, you will have a more professional approach to these challenges as they arise.  Not knowing what to expect is a pretty scary thing when facing it on your own.

But, we are able to appear professional when we take the time to learn all about court proceedings and how to prepare yourself to appear before a judge on behalf of your foster children.  When you first come across the words court and judge I know that it struck terror in your heart—didn’t it?  We will cover this subject more, later on. 

There are vast differences between the Justice system and Administrative Law.  When you sign the Agreement with whatever agency you have chosen; from that day, forward, you are subject to the Rules and Regulations that this agency has put together for foster parents to follow.  This is the “Shadow of Law” called “Administrative Law.”

In the actual justice system, most of us realize that when we sign any contract we are entitled BY LAW to a copy of the Agreement or contract we just signed.  But, for some reason, most foster parents do not associate this with becoming a foster parent.

We, law-abiding citizens, who most of the time have never been involved in this legal system; we, who are trusting souls, wind up depending on the agency to watch out for our rights.

Rights—like receiving a copy of the Agreement we have just signed, and receiving a copy of the manual on Rules and Regulations.  We assume that they are aware of our rights, and so we move on, thinking we will take care of all this later... Wrong.

First Lesson:

1. Never depend on anyone to watch out for
      your RIGHTS.

2. Never trust anyone to give you a copy of
          something you signed –later.

3. How can you follow rules if you are not
        aware of what they are?

What is Administrative Law?
Does it really stand in the
 “Shadow of LAW?”

 When you are hired by a company as an employee, you signed an agreement.  You will always be given a copy of the Rules and Regulations for the company—an employee manual.   This is how you become aware of what is expected of you as an employee; i.e., what happens if you are late for work three times in any one month, or if you are absent from work, whether you need a doctors slip prior to returning to work, etc.  Information is provided to make you aware of what is expected of you.  And, just as importantly—what you can expect from your company. In essence, this is what Administrative Law, is.

So, for the sake of clarification and understanding, let’s go through that again.  When you sign an agreement with the agency you have selected to hang your foster care license with—you are entitled to a copy of that Agreement, as well as the manual and/or rules and regulations.  Most foster parents are not aware of these things.  Why?  Because we rely on those in charge to tell us.  Wrong Again.

Never rely on anyone to inform of you of your rights.  If you depend on these people you will be sadly mistaken.

They do not want you to know your rights, because you will think that you actually have something to say about things.

Understand, it is their job to keep foster parents as void of knowledge as they possibly can.   You have embarked on this journey in order to help children. Your desire to

help children is used as a tool—against you.  This is how they keep us in line as foster parents.  They give us the impression, right from the start,  that they are in charge of you.  And, if you want to have children placed in your home:

Then, you will do what you are told and
keep  your mouth shut!

You, as a brand new foster parent, are excited about getting your first placement.  So, you will do whatever they tell you in order to accomplish this end goal of actually having your first placement.  Sound familiar?   I don’t mince words.  I tell it like it is.  Although I am usually more diplomatic there are times when being outspoken is required. This is one of those times.  Walking softly and speaking meekly has done nothing to keep these money-hungry monsters away from America’s biggest asset—her children. It is time to speak up and speak bluntly.

For those of you who are already experienced foster parents let me ask you a question. Did you receive a copy of the Rules and Regulations?  Did you get a copy of the agreement you signed?  Were you afraid to bring this up?

This is called intimidation.  From day one, agencies, whether private or state, know exactly how to keep you line.  I have often wondered if there is a college course for social workers called “Intimidation 101.”

The very first experience most foster parents have as they come face-to-face with Administrative Law is when they have an allegation filed on them.  As I said before, the majority of foster parents have never had any kind of first-hand experience with law enforcement of any kind.

With the foster parents I personally know, the worst they have ever experienced is a traffic ticket for which they had to appear in a courtroom, in front of an intimidating person, in a black robe, who is sitting in judgment above us on the bench.

Actually, I think the entire court scene is terribly intimidating. 

Think they are purposely designed that way?

Most of us are naïve and think that it is only bad foster parents who have experiences with police coming to their doors, searching their homes and removing their foster children.

I Have Startling News For You!

In our quest for understanding let us take a look at what an allegation is.  In Webster’ News Dictionary the word allegation means to assert without proof, or to offer as a reason.  When someone calls in to the hotline an allegation they are in essence making an accusation against you.  Always remember:

ANYONE can call in an allegation. Additionally, the caller is guaranteed they can do this anonymously and remain anonymous.

That little old lady that was shopping in the grocery store today who knows that you’re a foster parent and saw you slap the hand of your foster daughter when she was continuously placing things into your buggy without permission.

Or the Postman who saw you place your hand over your foster child’s mouth because she was sassing you.  To him, from his vantage point, it looked as if you slapped her. This is what was reported to CPS.

Or the neighbor who knows that you are a foster parent and thinks that having your foster home in her precious neighborhood is what is bringing property values down.    Anyone of these people could have called in an allegation. You will not be told who did so, or what the allegation is.  If the allegations are of a physical or sexual nature:

Your foster children will be removed from the your home, immediately. “Immediately” means not being allowed to say goodbye, nor anything else to them.  You will not have closure of any kind.  You will not be allowed to speak to them, ever again.

They can be removed from your home, from school, or even from the bus at school.  You will not be told when they have been taken. You will not know anything is wrong until they do not come home from school.  No one will tell you anything at all.  No one can even talk to you.  Your social worker will not be in the office to take your frantic call.

They are not allowed to talk to you.
YOU are now their ENEMY

You have been accused of child abuse. This scenario happens thousands of times on a daily basis across the United States.  Always keep in mind that these are NOT YOUR CHILDREN and they belong to the state.  They are, in fact,   “Wards of the Court.”  But, here is a fact that most foster parents are not made aware of until it is too late:  If the allegations are of a physical or sexual nature:

YOUR OWN BIOLOGICAL CHILDREN
can also be removed from your home at the same time.
Child Protective Services has the power to do so.

They are under stricter guidelines because you are their actual biological parent, but they CAN and DO, in fact, remove your own children in these cases.  Please remember this statement.  Always keep this in mind:

Not all biological parents deserved to lose
their children that you act as foster parent for.

We will cover more on this later on.  If you have never had an allegation filed on you as a foster parent, then  I want you to stop, set this aside and really give this scenario some thought.

Think about how you would feel if your children were removed.  You would not know where they were, or who took them. They will not tell you anything. 

Write down notes & questions:

1^st Edition: All Rights Reserved
Standing in the Shadow of the Law
September 2007
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