Chapter 3
Intimidation 101
Within the Fourth Amendment of the Constitution, reasonable searches and seizures are addressed.
TRUTH: These children are, IN FACT, “Wards of the Court.” As such, they belong to the state, and the state can take them at anytime without our permission.
The law states this can be done “only upon probable cause.” So, any accusation, prior to an investigation is “probable cause?” What happened to “innocent until proven guilty?” It is also stated that this is to be supported by “Oath or Affirmation.” There is no such thing in Administrative Law.
Within the Fifth Amendment we find “No person shall be held to answer for a capital or otherwise infamous crime unless presentment or indictment of a Grand Jury...
“...A person cannot be compelled to
act as witness against himself in a
criminal case. Shall be informed of
the nature and cause of the accusation,
be confronted with the witnesses against
him; and to have compulsory process for
obtaining witnesses in his favor, to have the
ASSISTANCE of COUNSEL for his defense.”
FACTS: Administrative Law
1. We are not informed of what we are being accused of. Sometimes, this is long-lasting, for months.
2. No Grand Jury is ever involved.
3. We are interrogated and asked to incriminate ourselves.
4. No Miranda rights are EVER read to us.
5. We are never told who has accused us, nor are we allowed the privilege to confront those who are accusing us. These accusers are protected and their names remain confidential.
6. We are not given the right to prepare for our defense until the investigation is completed. Many times, in many cases, this is by: Inexperienced and untrained individuals acting as investigators.
And we are, in fact, the ONLY ONES WHO DO NOT HAVE ATTORNEYS available to assist us.
FACT: The social workers have their state’s or agency attorneys to advise and represent them. The children are assigned an attorney the moment they enter the foster care system. Foster Parents are asked to FIND and PAY for their OWN attorneys.
Within the Sixth Amendment, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, be informed of the nature and cause of the accusation, confronted with the witnesses against him, and have the assistance of Counsel for his defense.
TRUTH: Nothing could be further from the truth. There is no speedy trial, jury, nor public trial. Instead, how about a kangaroo court with only hearsay statements offered as evidence with untrained and unqualified individuals conducting the investigations. This is along with children being pulled out of their classes and interviewed (interrogated) by untrained social workers right out of school.
And, records of the person doing the
accusing are not examined prior to
the closing of the investigation.
As Foster Parents we live in a glass house. We are fingerprinted and our lives and backgrounds are examined with a microscope. Our lives are an open book, in full view of the entire world like animals in a glass cage.
Convicted criminals have more rights than we do as foster parents. Questions that would be asked by a trained investigator – a policeman, would include defiantly asking the following questions:
1. Has this child, or person making the allegation, ever previously accused foster parents of the same thing, or something similar?
2. What is the background of the person making the accusation(s)?
a. Has this child (or person making the allegation) ever had a history of Manipulative Behavior?
b. Has this child (or person making the allegation) started fires prior to mine?
c. Has this child (or person making the allegation) been sexually molested or in a mental institution?
d. Have the foster parents requested or made any demands on the agency recently; i.e., requests for therapy or psychological evaluation on this child? Has it been done?
The percentages I experience in my office are amazing when dealing with new callers, while assisting them. Many answer “yes” to this question that is asked: “Have the foster parents requested or made any demands on the agency recently? “
It is more than a coincidence that most answer this question with YES. Allegations are often re-opened or initiated after a recent confrontation with, or demand made on the agency for services on behalf of their foster children.
What happens in a real court of law when a witness is put on the stand? Does the attorney for the defense have the opportunity to cross-examine this witness? Of course. And, you can be sure that this witness has had their lives examined prior to them offering testimony in a court of law.
So why should Administrative Law not do the
same and look at the source of the allegation?
Because this would limit the agencies ability to make big bucks in the chess game of moving children around
from one foster home to the other—ALL with the utterance of ONE word “DANGER.”
Remember, they don’t have to prove the child was in any REAL danger. They only have to say the magic word DANGER. If the court looked into the background of the accusers, it would be discovered that some of these children have accused each and every foster parent of some kind of wrong doing; therebye creating a money trail benefiting the agency.
You see, if the agency has cause to MOVE THE CHILD over and over and over, they collect bonuses all along the way, with each move.
This never-ending pot of gold at the end of a never-ending rainbow was created to encourage agencies to pay closer attention to the children and watch for abuse. Instead, it has become an incentive to move children around within this system lining their coffers with treasure from traumatizing America’s children over and over, again.
Who Knew?
1. That anyone can pick up the phone and call in an allegation on you and the agency is required to investigate each one?
2. That many spouses are calling in allegations on the other parent that they are in the process of suing for a divorce? It’s called getting even.
3. That when you ask for a child to be removed from your home, and that this child can, even after leaving, make an accusation against you to get even for your rejection?
4. Your neighbor who thinks that having a foster care facility in her neighborhood is bringing the property values down. She picks up the phone and calls the hotline to report an alleged crime and your home is closed. Does the system prosecute those that call in fictitious allegations?
5. Answer: NO, they do not and their names and identities are protected. Does the fire department prosecute those falsely-reporting a fire? Of course they do. Yet the people described above are protected?
This does not make sense to me.
Remember the defense counsel’s cross-examination of the witness we used in previous pages? What would happen to that witness if he were proven to be lying on the stand? This is called perjury and is subject to prosecution in the criminal courts. Why does nothing happen to those who call in a false allegation?
They are guilty of lying and causing horrible damage to the reputation of the foster parents. This is to say nothing for the financial ruin brought on by having to defend themselves in finding and hiring a good attorney. I believe that we need to set an example by prosecuting these people for perjury.
Now your asking yourself: “But, what if it is the children themselves?” Well, children need to learn it is wrong to lie. Especially when it is used a means to get their own way in a manipulative method, or to draw attention to themselves. Ask yourself this question. What is this kind of a system teaching our children today? What kind of an example is this to reward and protect those who do wrong?
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1st Edition: All Rights Reserved
Standing in the Shadow of the Law
September 2007
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