Chap.2-Our Rights are Being Trampled

Chapter 2
Our Rights Are Being Trampled

We started this guideline with a quote from the Declaration of Independence and what our Founding Fathers envisioned for our country. The statement that we quoted says something to me. I am hoping that it says the same thing to you. Basically it is saying that:

If we the people, find any injustices within our created democratic system, that we are to bring that injustice to the forefront. We are responsible to let the public know about it and do all that we can to correct the problem. Actually, it say’s we have the right and the duty to abolish such government.

Have you ever read the Constitution of the United States? You probably covered it in high school, but how important was it to you then? Probably like me, you read it learned it and the Preamble; then, forgot it just as fast.

But, have you ever really looked at it? On December 15^th, 1791, the Bill of Rights was added to the Constitution of the U.S. These ten Amendments recognized the people’s rights.

The First Amendment — “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances.”

The Fourth Amendment — “The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be searched.”

The Fifth Amendment—“No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;

nor, shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law;

nor shall private property be taken for public use, without just compensation.”

The Sixth Amendment — “In all criminal prosecutions, 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in him favor, and to have the Assistance of Counsel for his defense.”

We the people came up with the Bill of Rights and it was enacted by Congress. It has been altered and adopted by each state. The people who were responsible for this were ordinary people like you and me. They were farmers and craftsmen who believed that without protections within our democracy that the government would in a short time be altered to benefit only a few and their intentions were to have these rights in place for all men and women not for just a few.

We can now find literally millions of pages extending, changing, altering and amending these basic rights given to all Americans. This is why it is impossible for anyone to keep up with these things. This the very reason that your foster parents associations do not furnish you with the statutes and codes for your state. They are constantly changing, being amended and revised, etc.

It is absolutely essential that you keep the statues & codes for your state updated, even if just for your own knowledge.

Manuals are also being updated constantly. You are entitled to a copy of these changes from your agency. If the rules have changed, or have been altered in any way, you have a right to know and have a copy of the revisions and/or changes. The cost would be phenomenal to keep up with so many alterations even on a bi-yearly basis, so they do not automatically furnish you with one. But, according to law, you are entitled to a copy of these revisions.

However, it is you who must take the initiative to obtain a copy. Always remember that states, yours included, through legislative sessions, change their statutes and laws each and every year. Attorneys are expected to keep up with these changes much like a CPA (certified public accountant) is expected to keep up with the changing IRS laws and tax changes that take place every year.

This is expected of them as it is their job. Just as it is YOUR JOB to keep up with the changes in the rules and regulations of your agency and of YOUR state statutes and codes.

So in 1974 CPS was created through the Child Abuse Protection Act, also called the Mondale Act. In comes the foster care system and of course Child Protection Services.

This is the Beginning of the end. We have sat through weeks and weeks of foster parent training. This was in order to accomplish our goal that we had previously thought would be simple to accomplish: “To help the children who need us.”

Not so simple. Then, after you become involved and accept your first placement you realize how serious this is. It isn’t a matter of helping a child. It is, in fact, a matter of risking life and limb in a war against these principalities, called CPS.

It doesn’t take long to realize that there is a definite Dark Side to fostering. The children who are taken into the foster care system have been around the horn, so-to-speak. Some have been neglected, abused, physically or sexually.

They have been traumatized by the system in having been ripped from their parent’s arms. These children are damaged. They come with a lot of baggage that you

as a foster parent will be asked to deal with. You will see pain like you have never been asked to face before. You will see this pain in the eyes of the children you have taken into your home. You will see the mistrust, and the disbelief within the eyes of this child.

I can tell you. Earlier, I made a statement that some children are removed from their biological parents because it was necessary. Because the child was being beaten, starved, neglected, or worse. The results of this dark side is not a pretty sight and you as a foster parent will be expected to deal with this dark side of foster parenting.

But remember, your family will also deal with that dark side. Your children will be exposed to the ugly part of the world that you have worked hard to protect your children from.

Your children will see foster children who are emotionally unstable and emotionally underdeveloped. These are children who self- mutilate and who gather and hide food, because they are afraid that they will not have enough to eat.

These are FACTS. These are things that you need to be aware of. Americans tend to expect these kinds of behaviors if they welcomed African children in their homes. People are starving over there. But, here in America, children hiding food under their pillows because they are afraid they will not have enough to eat, is not something that we would expect to have to deal with. It is a fact that I have seen this behavior for myself. It doesn’t take long for you to realize that because you are a newbie, (someone brand new and inexperienced in fostering problems), that you sometimes will be given the Hard-To-Place children.

They often take advantage of the fact
that you are a novice foster
parent and don’t understand, yet:
That what is described above is normal
behavior for a foster child.

They realize that you have not yet learned the right questions to ask before you take a placement. They realize, and take advantage of your anxiousness to have your first placement; and so will take ANY child to get started.

Sometimes they take advantage of a new foster parent. If you have had children of your own, then you at least have some experience in dealing with children in general and know if the behavior you are seeing is normal or not?

However, I have found that foster parents tend
to think asking for a child to be removed from their
homes is somehow a failure on their part. Not true.

No, it is a failure of the system, a system that did not take the time to match the foster parents to the child they are placing in your home. It is their responsibility to study the child’s history, which is almost always available to them. It is their responsibility to converse with you enough to get to know you and what you are seeking to accomplish. This just never happens.

The old saying comes to mind: “Fools rush in.” You soon learn the hard way that your social worker will not and cannot tell you about the child’s background because of the Federal Privacy Act.

So, because you don’t know to ask specific questions you are NOW getting an education the hard way. First comes the book learning, then the real life lessons which are sometimes more beneficial than all the books in the world. Reading about the intricacies of putting an engine back together does not make a mechanic. The actual hands-on-doing is what CREATES A MECHANIC.

Putting the book knowledge into practice makes the mechanic. Book learning, alone, does not a foster parent make. Teens that no one else will take, children who have been sexually molested, fire-starters, children with serious emotional or behavioral issues—even to the point of self-mutilation? Hmmm, I see your thinking. Wait a minute! This is not why I became a foster parent!

Remember

“Intimidation 101?”

Write these down and place them in a prominent place in your home so you can see them daily.

1. You will be made to feel guilty because your having these thoughts. After all, didn’t you become a foster parent to help children who need you?

2. You won’t be told that you have the right to put stipulations on what problems you would be willing to accept in your home, why would they tell you that?

3. They won’t tell you that you can call and have a child removed immediately if it doesn’t work out.

4. They don’t tell you that you do not have to accept a placement, that you can reject a placement you fell that you are simply not equipped to handle. If you get a bad feeling from any child at first:

Follow those instincts.

And, remember don’t let them put a guilt trip on you about not helping this one child. If this child simply does not fit into your life style or your home then don’t accept the placement.

You have not failed this child, the System has.
Remember This!

A majority of foster parents have their own biological children still living at home.

This needs to be covered in the training rather
than learning this lesson the hard way.
This problem is never adequately addressed
in your trainings.

Are you listening and beginning to comprehend? Note too, in accepting just any placement, you can also be putting your own children at risk.

What if:

A 14-year-old who you have accepted into your home with your own, biological, six-year-old daughter is a KNOWN child molester; and in fact, rapes your little girl?

You are told nothing about this boy. You will have no prior knowledge of this boy’s record—be it police record, or otherwise.

What if:

This teen has started fires in every foster home he has been in; and in fact, burned down his last 62-year-old foster mother’s home?

What if:

This 13-year-old girl has been sexually active and in fact has accused each foster father, in every home she has been placed, of sexual abuse?

What if:

This baby is H.I.V. positive and the social worker did not inform you? You have just placed everyone in your home in danger with a life-threatening disease.

Was that a chuckle I heard?
These are cases that we have been involved in.
These are FACTS. These things have actually
happened to foster parents. I have
witnessed these cases first-hand.

Right about now your asking yourself: “But how is this all possible? I have rights.” In fact, a few of our Constitutional rights were laid out for us in this booklet.

So how is it that our rights are being ignored, bypassed and trampled? Because we, as foster parents do not fall under the Judicial system we understand. The one we watch on TV in episodes of Perry Mason or Matlock, where justice rules, does not apply. We are dealing with Administrative Law, a Kangaroo Court, where anything goes. Evidence presented in this court would be thrown out as “hearsay” in a real court of law. “He said, she said” evidence is acceptable and even encouraged as evidence here.

So, if you have a child that has accused you of neglect, sexual or physical abuse it is literally your word, against theirs. Unfortunately, the child is most always believed. These people tend to believe that children NEVER lie.

In Administrative Law you will not be believed. You have to prove what you are saying is the truth, and what they are saying is a lie.

Documentation is the only way you can do this.

(Order a free copy of our Power Point presentation on “Documentation How Important is it?”)

Now let’s go back to those Constitutional Rights. If you have been a foster parent for very long, you can probably go through these Amendments and see violations that stand out blatantly. These are rights that you have watched being bypassed and violated when it comes to dealing with foster parents.

Within the First Amendment, there is the right of the people to peaceably assemble.

TRUTH: Foster parents are discouraged to assemble together. If they do, you will more than likely find a social worker in that group listening to and monitoring all conversations. Watch out if you go to a CPS “picnic.”

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