Hannah Overton, 30, the Texas foster parent and Christian homeschooling mother of five convicted to life in prison without parole for the murder of a foster child, is asking for a new trial.

She was convicted in September 2007 because she allegedly forced a four year old, Andrew Burd, to drink a mixture of two cups water, salt, pepper, chili powder and Cajun spices as a punishment. Hannah’s version of this is different. She says the child requested the “Zatarain’s Seasoning” and she put it in water instead of on food because he had an overeating disorder. She says she did not force him to drink it as a punishment. Source: Free Hannah Overton Website.

While many more violent foster parents have gotten off with a mere hand-slap, this young woman was sentenced to life without parole even though she had no intention to kill the child. She reportedly panicked when she saw Andrew wasn’t breathing, and waited an hour and a half to call for medical assistance. This is what the prosecutor said made her responsible for Andrew’s death. Source: Woman Convicted In Foster Child’s Death Seeks New Trial published on November 7, 2008 at KWTX.com.

A commenter at Sarah Walston’s blog article about Hannah Overton said that the actual time Overton waited to take Andrew to the hospital was only five minutes, not an hour and a half.

This case shows that foster parenting is a dangerous occupation. For years now I’ve warned people NOT to get involved with the foster care industry because of the risk of false accusations, and because of things like this where foster children die or are murdered, and there must be accountability.

One foster parent wrote on Sarah Walston’s blog:
“This story TERRIFIES me because I currently have 2 foster children living in my home, and now I’m forced to think ‘What IF this happens to ME?’ This story shows how easily some unfortunate twist of fate, can leave someone wrongfully convicted…”

There is a website created by Overton’s Christian supporters: Free Hannah Overton.

My opinion on this is that she got a much longer sentence than she deserved. Without a doubt, forcing a child to drink hot spices is a form of child abuse, and she deserved some prison time if she actually did that, but to put her away for life without parole is far too much time, especially for a young woman who is unlikely to be a danger to society if set free.

Another blog article, Suffer the Children, gives an opposing view, criticizing the “Free Hannah Overton” movement and pointing to perceived flaws in the thinking and writing of those seeking to help her.

For a picture of Andrew Burd: Corpus Christi Couple Charged in Death.

See also: Hannah Overton convicted of killing foster son.

This case has become a favorite cause for bloggers, especially Christian bloggers:
Hannah Overton :: Pray for Hannan Overton :: Release Hannah Overton :: Free Hannah!!! :: Hannah Overton Alleged Salt Poisoning Case :: Urgent Prayer Request for Hannah Overton :: May God Bless Hannah Overton and Family :: Free Hannah Overton :: Free Hannah Overton.

Other FightCPS articles about Hannah Overton: Texas: Fosterer charged with murdering 4-yr-old boy with hot pepper

Hannah’s aunt posted extensive information on her MySpace blog in which she said part of the conviction relied on a FALSE affidavit filed by a CPS social worker! See: The Wrongful Conviction of Hannah Overton.

What is your opinion? Should Hannah Overton be freed? Should her sentence (life without parole) be exchanged for something less harsh? Or do you think she got what she deserved?

A nineteen-year-old soldier, Michael Vick, was arrested at the airport in Texas upon arriving home fom Iraq. His father, James Vick, 44, was arrested in May and is still in custody. Apparently two girls who used to live with the Vick family as foster children say the men sexually assaulted them, and law enforcement authorities believe them.

The sexual assaults allegedly took place at various times in 2003 and 2004. The girls were only eight and nine years old at that time.

This family must have been heavily invested in the foster care industry, as the authorities say they’re now interviewing more than fifty other foster children who lived with the family since the mid 1990’s.

Source: East Texas Soldier & Father Arrested For Alleged Sexual Assault Of Foster Children, published July 19, 2007, Palestine, Texas.

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About Your CPS Case
Who Will Prepare Your Case?
Your Case Notebook: Is It Up To Date?
Don’ts and Do’s When Falsely Accused

Abuse of Foster Children
Michigan: Another Child Beaten To Death In A Foster Home
Texas: Foster Parent Convicted In Death Of 3-Year-Old Foster Child
Vermont and Ohio: Protecting Children From Abusive Fosterers
Ohio: Child Collecting Foster Adopters Sentenced To Prison
Texas: The System Is Maxed
Washington: Foster Parent Arrested For Abusing A Foster Child For Ten Years; CPS Caseworkers Ignored 15 Reports of Child Abuse!
Baby Bruised in Foster Care: What Will Happen To Sean’s MySpace?
Oregon: Innocent Baby Girl Brain Damaged By Foster Parent Child Abuse
California: Foster Parent Pleads Guilty To Child Molestation
Washington: Spokane Foster Parent Pleads Guilty To Criminal Mistreatment
Texas: Foster Parent And Son Jailed For Sexual Assault Of Foster Children
Florida: Child collector caught with nine abused, imprisoned children and adults adopted from foster care in New York
Michigan: Lawsuit Filed On Behalf Of Foster Children Endangered By DHS Negligence
Missouri: Foster Parent Sentenced to 15 Years For Sexual Abuse of a Young Boy
Connecticut: Foster Parent Neglects Children At Casino

Abusive CPS Employees
Georgia: DCFS Administrator Arrested For Child Cruelty
Indiana: CPS Caseworker Cory Heinzman Convicted of Molestation
Iowa: CPS Social Worker Charged With Perjury during TPR Hearing
Washington: Spokane City Councilman Exposes and Lambasts CPS
Social Workers Needed for child stealing saving
Oklahoma: DHS Director Investigated For Child Neglect
Ohio: CPS Social Worker Fired For Not Following Court Orders

Administrative Hearings
Filing For A State Administrative Hearing

Boycotts
Boycott Wendy’s Restaraunts

CPS - Child Protective Services
Parents: Do You Remember The Fourth Amendment?
What Do They Call CPS In Your State? - 6.5.07
Arizona: “New” CPS Risk Assessment Tool Called “Antiquated”
How Can We Solve The Problem Of CPS False Accusations?
CPS - What Does It Really Mean?
When You’re Dealing With CPS, Where Are Your Friends?
Don’ts and Dos when Falsely Accused of Child Abuse or Neglect
Tell Us About Your Favorite Web Pages For Information on Fighting CPS
Calling CPS

CPS Reform
Connecticut: Flex Funds Can Keep Children At Home

Central Index
Has your name been added to a child abuse list?

Child Detentions
Texas: Pot Smoking Toddlers Sent to Fosterincarceration Facility

Family Destruction
TPR Trial - Day by Day Account at MySpace

Families Reunited
New York: Three-year-old Julia may be returned to parents soon
Jack and Casey He: Tennessee Supreme Court Upholds Parental Rights

Family Stories
Michigan: ‘My Name Is Lisa’

FightCPS Website
Major Site Update/Redesign Coming Soon
CPS Evil Kidnapper
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Fight CPS on Web 2.0 Sites: Squidoo and MySpace
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Foster Parents
Build Suffering People Up, Don’t Tear Them Down

Grandparent Rights
Scotland: Grandparents Want Legal Rights To Contact Grandchildren
Pennsylvania: Non-Abused Child Ripped From Loving Grandparents

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Post here if you need a CPS defense lawyer

Legislation
Indian Child Welfare Act - ICWA - Is A Disaster For Many Families
Dangerous Federal Legislation: The Mothers Act HR 20

Legislators
Vote for Family-Friendly Legislators
Contacting Your State Legislator For Help

Media
Stolen Baby Video At YouTube
DVD Review: Snap Decision
New American Magazine: Families Separated By The State
Michigan: WJR Radio Gives Parents Opportunity to Expose CPS
FightCPS Prayer Requests

Protests
DC Rally 2008

Research
Study Concludes That Kids Are Better Off In Troubled Homes Than In Foster Care

Running From CPS
Michigan: Parents Flee With Their Infant To Avoid CPS

Suing CPS and/or CPS Employees
Wisconsin: Federal Decision Against CPS Social Worker
California: Verdict Against CPS for 4.9 Million!
Washington: Children Sue CPS For Allowing Them To Be Abused By Foster Parent
New Federal Court Decision Against San Joaquin County, California CPS Social Worker
Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
California: Former Foster Child, Adoptee, Files Lawsuit Against Los Angeles County

Katie Wernecke, 14, was taken from her family by CPS two years ago, not because she was being abused or neglected, but because CPS agents and doctors didn’t agree with her parents’ decisions regarding her cancer treatment. At the age of 12 Katie, a resident of Agua Dulce, Texas, had Hodgkin’s disease. Her parents sought an alternative treatment for her. That right was denied to them.

CPS took Katie Wernecke from her family and forced her to undergo court ordered medical treatments. A judge allowed her to go home in November 2005, and though the family is grateful to have been reunited they believe their Constitutional Rights were violated. The lawsuit, filed by a Frisco, Texas attorney, is based on violations of the Fourth and Fourteenth Amendments to the US Constitution.

The Fourth Amendment protects citizens from unreasonable search and seizure. CPS child detentions are considered a seizure. The Fourteenth Amendment protects property and legal rights, and ensures that citizens have due process rights.

Many people have sued CPS in Federal Courts based on the violation of these Constitutional Rights.

Source: Wernecke family suing Nueces County, CPS by Erin Cargile of KRIS-TV.

***

The Fourth Amendment to the US Constitution:

The right of the 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 probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourteenth Amendment to the US Constitution:

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

“The system is maxed,” Patrick Crimmins said. “The system as designed, depending on your point of view, either cannot or will not absorb more children.”

Because foster care providers refuse to house hundreds of foster children, the children are forced to sleep in hotels or even in CPS offices.

Rather than admitting that far too many of the children in the state’s custody have been unjustly and unfairly taken from viable and loving parents, Crimmins, who is spokesman for the Texas Department of Family and Protective Services, blames the current crisis on a law that allows foster parents to refuse children, and on the children themselves, some of whom are labeled “severely disturbed”.

Are the children “severely disturbed” because they’ve been unfairly ripped from loving parents? Are they “severely disturbed” because of childhood mental illnesses that the parents were trying to control when they lost custody? What’s the story behind having so many homeless “severely disturbed” children in the state’s care?

I’d be disturbed too if I was taken from my parents by state-paid ‘do-gooders’ and forced into homelessness with strangers. And do they really expect children to take this kind of abusive treatment, and remain calm? What does this say about our society that we allow such cruelty to exist against the most helpless citizens, the children?

Meanwhile Texas legislators may pass laws forcing foster care providers to take children they don’t want.

“Allowing providers to pick and choose among foster children and the services they deliver undermines the entire foster care system,” Comptroller Carole Keeton Strayhorn said, adding, ”It also puts caseworkers in a bind when contractors can dictate which children they will serve.”

Source: Kids sleep in CPS offices after foster-care rejection