Child Protective Services laws and agencies are abusive to families and children. This site provides support and information to parents falsely accused of child abuse by Child Protective Services.


FightCPS does not advocate or condone violence or illiegal activities of any kind.

FightCPS is intended to help people learn enough about the law to be able to successfully defend themselves and their families against false accusations using legal documents and strategies that put parents in a stronger position when they go back to court.

For more information, see the FAQ.


Child Protective Services, CPS, has devastated and destroyed hundreds of thousands of families in America during the last thirty years leaving a trail of broken hearts, broken dreams, and shattered childhoods.

Rather than helping families, government agents have used unconstitutional laws in Juvenile Court to rip children away from their loving parents, break asunder God-given, natural, parent-child bonds, and adopt the children of the grieving out to others who profit financially with large monthly adoption subsidy payments.

Child Protective Services must be stopped! The law that started this, CAPTA, must be repealed. We must work tirelessly to inform the public of this very dangerous travesty of justice. We must keep faith knowing that if there is a God, there is an answer and a way to end this heartache.

Child Protective Services Agents - please come to your senses! Family destruction on false or trivial grounds is wrong, reprehensible, and inhumane.

Fosterers - be aware that for the money you get you are holding much-loved children away from their grieving families while the parents are forced to perform a service plan that is anything but a service to them. I call this hostage holding for the government. This is not kindness - to help misguided government agents destroy family relationships and break loving bonds.

CPS workers and fosterers - I ask that you now let the children of the innocent return to their homes where they are truly valued, adored, and loved by the parents God gave them.

Family rights are God-given rights. And they should not be ignored or postponed. Every moment these loving parents and children spend separated from one another is a torment beyond what anyone should ever have to bear.

It is unworthy of human dignity to allow this terrorism and torture of families to go on without saying something, speaking out, and trying to make a change.

Site mission: To provide information and support for families attacked by Child Protective Services and child welfare agents, especially those families facing false or trivial accusations of child abuse or neglect; and for researchers working to protect natural family rights.









Bad Child Protective Services agents deserve to be sued.
Represent Yourself in Court: How to Prepare & Try a Winning Case

By Attorneys Paul Bergman & Sara Berman-Barrett

Child Protective Services is shredding families.
The Shredding of Families

By Dr. Lillian D. Dunsmore and Dr. Richard A. Dunsmore

Child Protective Services from a fosterer's point of view.
Memoirs of a Baby Stealer: Lessons I've Learned As A Foster Mother

By Mary Callahan

Protecting Children from Child Protective Services.
Protecting Children from Child Protective Services

By Alan L. Schwartz

Dark Secrets within Child Protective Services
By Teresa Cunio

Psychologists who work for Child Protective Services.
Whores of the Court

By Margaret A. Hagen

Fiction about Child Protective Services.
Custody of the State

Christian Fiction
By Craig Parshall


Search Now:







Fighting Child Protective Services False Accusations


Fighting Child Protective Services False Accusations
Family Rights v. Child Welfare




April 9, 2010

What to Do If Child Protective Services Social Workers Are Investigating You


Revised April, 2010.

Here are some of my recommendations. Keep in mind that I am not an attorney and this is not legal advice — so consider the source. Get an attorney if at all possible, and discuss these things with him/her. Your attorney will understand local procedures better than I possibly could.

Stay Calm

As you deal with the interview remember to be polite. Child protective services workers have copped an attitude and gone after hostile and terrified parents, thinking they must have something to hide. Treat the social services caseworkers respectfully, but don’t give them any information, or leads to more information.

They may need to see your children in order to close the case, and they will probably want to talk to both parents. Don’t be afraid. Do whatever needs to be done in order to get the case closed.

The less said, the better. Child protective services social workers usually show up at your door with little to no evidence. If they are acting on an anonymous tip, they have NOTHING. They cannot get a court order on an anonymous tip. The only thing they can use against you is information you give them.

Record and Document Everything

Check your state recording laws. Print out a copy of your state’s law, and put it in a file folder entitled “Child Welfare Agents” near your front door. Have a tape recorder and blank tape or video campera handy in the house at all times. If a child protective services social worker shows up at your door, be prepared to tape the interview. You can, at that time, show them that you have a copy of the law. Don’t be coerced not to tape — this is your legal right if your state law says it is. Video tape is better than audio tape, if you can afford to do that instead.

Furthermore, you must document everything that happens in writing! Take notes. An English activist recommends you write down every word and insist that the worker must wait until the words are properly recorded. You have the right.

Keep a spiral-bound notebook on hand and use it to document every contact with child protective services or child protective services appointed “service providers”. Don’t back down on this! Prepare in advance, and stand firm against CPS agents! After each contact, write a letter (some recommend having such a letter notarized) detailing what occurred, and request that the social worker confirm or deny the facts as you understand them within ten days of receipt of your letter. If no letter disputing the facts is received, then your statement of facts will be automatically confirmed. This form of documentation can later be used as evidence in your favor in juvenile court. See: Your Case Notebook – Is It Up To Date?

Don’t Invite The CPS Worker Inside

You are under no obligation to let a child protective services social worker into your house. Under the basic law of our land, the United States Constitution, Amendment Four, you have the right to privacy in your home. No government agent of any type is allowed to enter your home without your permission. We know of many cases where entry was coerced by statements such as “let me in or I’ll take your kids”. Do not give in! Do not give up your Constitutional Rights! Stand firm on this! If your rights are not honored, you can sue them later, but it is so much better to force them to honor your rights now. Check out Forced Entry Lawsuit.

The only exception would be if the child protective services agent shows up with a law enforcement officer bearing a search warrant. Usually that doesn’t happen — and I will tell you why. The child protective services agent is there at your door to gather evidence. Usually he doesn’t have enough real evidence to detain your child right away and there is not enough “probable cause” to obtain a search warrant. Typically, he will be just working on a phoned-in tip from someone who wants to retaliate against you for something. If you talk a lot, your words will be twisted in such a way as to be used against you in court. Also if you allow this person into your home, he will most likely find something there to complain about and use against you in court. A sink with 8 dishes needing washing can show up in his report as “a sink full of dirty dishes and a filthy kitchen” which of course would serve to make you look bad to a judge. Therefore, just don’t let these people into your home. You have no idea what an issue a child protective services social worker can make out of a pile of laundry sitting next to your washing machine!

If the complaint the child protective services social worker is there to investigate is that your house is dirty, you can go inside, take a few digital photos, and then go back outside to show her the house is just fine. Or, you can tell her that without a court order there will be no entry into your private home thanks to the Fourth Amendment of the US Constitution. If she’s working with only an anonymous tip, she will not be able to get a court order. If instead, she has credible evidence, she may be able to get one.

Say As Little As Possible

Of course, when you first see child protective services social workers on your doorstep, you want these people to go away and close their case. This will make you want to tell them things to clarify that you are not a danger to your children. Be careful what you say. As any activist will tell you, anything you say can be twisted and used against you!

For example, I thought it was good that my spouse and I were already involved in therapy and a 12-Step group for adult children of alcoholics. However this statement was used against me. It was used as evidence that I had problems and needed “services”. The fact that I was already taking care of my own needs and didn’t need a court order to do these things didn’t help.

Another thing you really shouldn’t tell CPS agents is whether you were once in state custody. When you tell them you were a foster child, first of all they know there’s a file out there with your name in it from which they can pull documents to use as “evidence” against you. In my case, most of the paperwork in our thick file was pulled from my spouse’s very thick state custody file. They claimed they had evidence that he was violent from the time he was in kindergarten and they were prepared to use that juvenile file against us, even though he had never harmed our child. Second, if you tell them you were a foster child, it marks you as a victim and makes them think you can be victimized more. Former foster children have their children detained at a rate much higher than most, so just be on the safe side and don’t mention that fact if it pertains to you. It really is none of their business. You should not open your mouth to help them make a case against you.

It is also not wise to tell them something like, “I am not an abuser – I should know what that is – I was abused as a child.” What this says to them is that you were abused therefore you are likely to be an abuser. Believe me, no matter what terrible situation you went through as a child, it is better not to mention that to a social worker. They will not feel so sorry for you that they will just go away. No, it doesn’t work that way. They are looking for bad things to say about you to pad their caseworker report when they present it to a judge.

Yet another thing you shouldn’t say is whether your child was detained in the past. A history of child protective services interference in your family tells a caseworker you are on their hit list. If you have ever had a child taken from you by Termination of Parental Rights (TPR) move to another state or better yet, out of the country, and keep it a secret! There is a 1996 law (ASFA – the Adoptions and Safe Families Act) that gives the child protective services agents the right to take away all future children if you ever had a TPR in the past. If this law is used against you, there will be no reunification plan, no “reasonable efforts” to keep your family together, and most likely no visitation.

Another thing to beware of: they may ask you for referrals to people to help prove your fitness to parent. For example, I was asked for my ex-husband’s phone number. Thinking he would give me a good referral, I complied. As it turned out, he was told that making a statement against me would help him keep custody of our children. The most damaging “evidence” they got against me were false statements signed by this ex-husband and his girlfriend, who had only met me briefly once and had never been in my home! This woman had the gall to make a twelve page false statement typed on legal paper regarding my parenting abilities! She called it an “affidavit” but did not sign it under penalty of perjury, and for good reason! Therefore I advise that you NOT give them “leads” to your friends, family, ex-spouses, therapists, doctors, etc. They are just looking for “evidence” against you and they are experts at coercing this sort of evidence from people who know you. Make them find their own evidence — don’t help them find or make contacts!

So, if CPS agents are at your door, stand firm and say as little as you possibly can! If you feel they are making a case against you anyhow, get an attorney to help you through an interview in your attorney’s office.

Don’t Trust CPS Social Workers

In other words, know the enemy. Know who child protective services workers are. I used to work with child protective services workers in the Dept. of Public Social Services, Visalia, California, so I think I’m in a position to tell you what these government agents are like, though I’ve never been one. (I was a welfare eligibility worker.) The typical child protective services social worker is there for one reason: to have a job to pay his/her bills. This worker cannot afford to lose the job, so s/he will do whatever the supervisor says in order to maintain employment.

Now, if this child protective services social worker is put into a unit assigned to go investigate referrals and to make decisions regarding detainment of children, then naturally this person would be suspect if s/he never detained a kid! In order to maintain employment, this child protective services social worker will have to take a certain number of children into custody… therefore when they are at your home, they are thinking to themselves, “what can I find out about this family to build a case aimed at taking their kid?” They must have a case to take into court, and they are there, looking for evidence.

Even if they seem nice and harmless, remember, this is how child protective services makes money. To keep their jobs, they must take away children from their families. They are wolves in sheep’s clothing. They come to your door saying, “I’m just here to help.” The next thing you know, your children are in state custody and you are in court trying to prove your innocence. Remember, even if you like the person, behind every pleasant personality is a need to keep the child protective services social worker job. Behind every seemingly nice caseworker there is a more experienced child protective services supervisor who may tell your caseworker to “find something” to use to detain your child. You would not believe some of the idiotic allegations I have seen in caseworker reports… but if they can get a judge to rubber stamp their side of the story, they can get away with keeping your children in state custody. Don’t trust these people!

Service Plans

You need to understand that child protective services funding is closely tied in with “service providers”. It is likely that the social worker will offer some kind of deal, saying you can keep your kid if you agree to “services” like psychological testing, drug testing, therapy, etc. What this offer really means is that they don’t have enough evidence to take your child into their custody, but if you will just go to their “service providers” they may get the “evidence” they need through these “service provider” reports.

Say, for example, you are accused of drug use. They want you to go to a drug testing service to prove your innocence. You say, “Okay, I’m not a drug user, I’ll go”. But then you find yourself facing false-positive results … or if you miss an appointment, you are told that will count as a positive drug test. Your life is being severely interfered with because you have to go to scheduled appointments, miss work, make special child care arrangements, etc. Believe me, all this is not a “service” to you, no matter what they call it! It is only a way for child protective services social workers to try to get “evidence” against you so they can take your children away.

What I recommend based on what I’d do in similar circumstances: Do NOT sign their plans. Do NOT admit to anything. Force them to PROVE their cases in court, in a FULL TRIAL. Don’t accept just a hearing where you are coerced to sign guilty to the charges. They will try every trick in the book to get you to agree to their sick “service plans”. Stand firm and just say “no” when they ask you to sign your legal rights away.

Just Say “NO” To Private Interviews With Your Child

The CPS agents will want to talk to your child alone. Just say “NO”. Tell the agents that your child has the right to have an attorney present, and that if he insists on an interview then you and the attorney will be present and the interview will be recorded, preferably on videotape. Of course, if your child is attending a public school, you probably won’t get a chance to say “no”. What would happen is that the social worker would go to the school and, behind your back, get permission to talk with your children from the school employees. You can tell the school ahead of time (in writing) that you don’t permit such interviews, or anything other than basic education activities, however you cannot trust school employees to go by your wishes. It might help to ask your attorney to write a letter to the school forbidding interviews with CPS workers. Keep in mind that the public schools are one of the major sources of CPS referrals. I have heard that caseworkers complain that public school employees actually want more child detentions than CPS agents do!

My advice is not to trust the schools, and to homeschool if possible. I am a big homeschooling advocate because I believe it is best for kids, and one of these days I will write a page about that too… but in the meantime, just keep in mind that it is hard to say “no” to interviews if your child’s school will say “yes”.

Already the government puts child protective services social workers into public schools to look for target children. Eventually this may be the case in every public school. I think this is a good place for me to mention that I support the separation of school and state. Please check it out.

Be sure your children know that they have the right to say, “I don’t want to be interviewed without my parents and an attorney and a tape recorder present.” Child protective services social workers will not tell your child that s/he has the right to say that. If there is still time, you must be the one to train your child how to deal with government agents. Be sure your child knows the consequences of child protective services interviews. If anyone is detained, it is the child. If they say the wrong thing, they can be taken into custody and removed, possibly permanently, from parents, siblings, friends, their home town, their pets, and everything else they hold dear in life! They will be traumatized by that separation, and probably put on harmful adult psychotropic drugs to deal with the separation. See: Drugging Foster Children.

If they complain too much about being incarcerated in state custody homes, they may be put into mental hospitals, or placed in restraints, which are known to be deadly. “Teach your children well,” as the old song goes. We live in perilous times. We owe it to our children to help them learn to deal with government agents that may harm them. Remember, children are eight to ten times more at risk of abuse in foster and group homes, so we are not over-reacting in teaching our children these self-protective measures.

Advance Preparation

I’ve suggested that you keep the following things on hand: a tape recorder, blank tape, video camera, spiral-bound notebook, and a file folder marked “Child Welfare Agents”. If you have time to prepare for a visit before it happens, you are very lucky. Most people don’t take the threat of government interference in their lives seriously — until after it happens to them.

To prepare, I suggest the following items be printed out from the internet and placed in your folder: your state and federal laws regarding child welfare services; court cases that insure your rights; the Bill of Rights, newspaper articles and statistics showing that children are not safe in state custody homes. Be prepared to show these things to the social worker that comes to your door, and question them about the wisdom of taking children into state custody where they are eight to ten times more at risk of abuse.

If they want to take your kids, question them about the “reasonable efforts” requirement to keep families together, and about what “pre-placement preventative services” they are offering. If they want your child, ask about what “imminent danger” exists. Let them know that you know the laws!

For example, if they claim something happened on Monday to your child but they show up on Friday afternoon to pick your child up, you should be telling these social workers that obviously no “imminent danger” exists or they would have acted on the report right away! If you don’t stand firm and point out their mistakes, they will walk all over you and violate their own laws in many different ways. Yes, your child still might be detained, but if you show them you know their laws and can speak their lingo, they will think twice before choosing you as a new client.

In addition to the paperwork detailed above, keep on hand in this “Child Welfare Agents” file your pediatrician’s doctor reports showing that your child is healthy. Every time your child sees a physician, request in writing that the full report be sent to you. You should not give these reports to a CPS agent, but you can let him know you have evidence showing that you are a good parent, not an abuser. Flash the papers before his/her face, don’t hand them over to be read… these are your own valuable documents and you don’t need to share or tell the worker who the child’s doctor is. Let the worker find evidence on his/her own. Don’t help a CPS agent try to build a case against you.

The point of having this folder is to let the social worker know that you know the laws and you are prepared to defend yourself! You are not going to share your “evidence” with a social worker. They have no right to it unless the case goes to court, and then you share it with your attorney only – or if you’re representing yourself, you can enter items like pediatrician reports into the court records as evidence.

Coercion

Be prepared to face coercion, even from your own court appointed attorney. Just like many others, I too was told by my county attorney that I could take my child home that day if I would just sign guilty to the charges, and I was so desperate to get my baby, I signed. Thousands of us have done that. Believe me, it is better to say “No – I want a full trial – you must prove your charges!” If you give in to the coercion, you will be jumping through their “service plan” hoops for months to come. If you go through with a trial, there’s a possibility you will win your freedom from this government interference in your family’s life.

If you go through a trial, and your child is adjudged a state ward, and you are court-ordered to complete a “service plan” or “reunification plan,” then of course you should do your best to complete every part of it before the next court hearing. This plan will most likely include psychological testing and counseling — that is a standard waste of taxpayer money. If the social workers want to court order you to anything that does not apply to your case, you should insist that your attorney fight this requirement in court. For example, if they want you to go to drug testing despite the fact that you are not a drug user and they have no evidence that you might be, then fight it! After the court hearing, if social workers try to force you into “services” that are not in the court-ordered plan you can refuse to cooperate. You are only required to do things that the judge has ordered. You should document all such illegal requests for additional services that haven’t been required by a judge. You can request a state administrative hearing from the state social services department to discuss these requests with an Administrative Law Judge.

Likewise you may find that child protective services social workers are trying to delay setting up services that are court ordered. You must document your repeated requests for such services and the excuses the child protective services social workers give for delaying the start of such services. Child protective services agents have been known to delay services so that your case will last longer. If your child is in state custody for 15 months, your parental rights can be terminated on that basis alone. Your goal will be to get your child returned at the next court hearing, so don’t allow delays!

Here’s the link to an article I wrote about child welfare investigations and your rights:
Investigations v. Rights

What Others Recommend

Filed under: CPS — Linda Martin @ 4:47 pm



January 14, 2010

January 14: Non-Custodial Parents Appreciation Day

Non-custodial parents have such a difficult path to walk. They miss their children like crazy, have to send child support to the other parent monthly (or to the county!) and often the children are brainwashed into hating them. That’s what happened to me, with one of my children – my middle daughter.

My husband and his girlfriend had control of two of my children, did everything they could to shut me out of their lives, and caused me years of intense grief. Worse, they trained my daughter to hate me, and even now, many years later, she still hasn’t talked to me in any kind of loving daughter-to-mother way. She’s now 29.

So you non-custodial parents who are suffering grief because your children are with the other parent, or with foster parents, or have aged out and now hate you due to PAS (Parental Alienation Syndrome) . . . this is a special day for you. A day of appreciation and love.

Appreciation and love? You may be wondering if your child will ever be able to love and appreciate you. The problem is complex and doesn’t start with your child. If your child has been ripped from your loving embrace, and brainwashed by being given positive feedback for expressing negativity about you, the child isn’t likely to be the first one to recover from the experience. It is essential that non-custodial parents are able to love and appreciate themselves. We can also appreciate each other because we’re aware of the pain this entails.

Do something good for yourself today. Here’s a few ideas: start a journal if you don’t have one going yet. Start writing poetry about your missing child. Take walks to help work out your feelings. Leave a prayer request on my prayer request page which will signal me to pray for you for the next thirty days. Be gentle on yourself, even when others are cruel. You can get through this, and things will get better, of that I am sure.

This is the first Non-Custodial Parents Day ever. I chose it because it is my daughter’s 29th birthday. I couldn’t face writing her name on my calendar another year, knowing she doesn’t care about me one bit. PAS is heart-wrenching! So this year when I looked at my January calendar I wrote “Mother Appreciation Day” . . . and then I thought, why not make it a day for ALL non-custodial parents?

Please spread this message far and wide to other parents who are missing their children. Give them my love, and my appreciation for the strength they show in the face of extreme ignorance and traumatizing cruelty.

(Yes, you can copy and paste this post – I want everyone to know that we’ve got our own day now. I’d very much appreciate if you would give a link back to FightCPS: http://www.fightcps.com)

Have a great day.

Filed under: Activism, Foster Homes — Linda Martin @ 1:08 am



May 10, 2009

Mother’s Day, 2009

Mother’s Day has been sad for me for years now. Without fail I always think of caring parents who are suffering because their children are being kept from them. Then I remember the years when my two oldest daughters lived with their father and I never, ever heard anything from them on Mother’s Day… nor did they want to talk to me at any other time. The youngest still has Parental Alienation Syndrome (PAS) though now she’s 28 years old. She refuses to communicate with me and thinks I’m a really, really, really bad person. (My oldest daughter recovered and realized she’d been brainwashed.)

My two oldest daughters, when they were young

I know a lot of you are thinking, “When my child is eighteen he/she will come see me again.” But for many of the sad, suffering parents, that never happens because of PAS.

(More about PAS/Read: What is the child’s part in PAS?)

So… for those of us with children in foster care or adoptive homes, or living with another family member or an ex-spouse… for those of us who never get to hear “Happy Mother’s Day” from their much loved children… I have a few suggestions.

1. Love yourself. Seriously, if your child won’t express love to you, find reasons to love yourself anyway. All human beings are born to be inherently lovable, and you’re one of them. Take time today to list your good qualities and praise yourself for them.

2. Here’s something that cheered me up back then when my daughters weren’t calling me. I found a big Mother’s Day ad/announcement/appreciation printed in the Oakland Tribune, and cut it out and put it on the refrigerator. It was cheerful and it really made me feel better even though it didn’t come from the two children I wanted to hear from. Those of you blessed with artistic creativity can probably get the same effect by making a card for yourself.

3. Pray for the children. They are victims just as we are. While it is true they probably aren’t calling because they don’t remember or realize it is a special day, it is also true that their handlers (whoever controls them) aren’t going to remind them to call as any truly decent person would. This isn’t your child’s fault. They are being trained to be disrespectful to their mother and to treat her like dirt. They get good reactions from the people they live with whenever they are cruel towards us.

To my daughter: If you want to deny this take a good look at What is the child’s part in PAS?. If that doesn’t fit you to a T then what does?


Columbine4. Take a walk today and look at all the flowers blooming. Clear your mind from the sad thoughts and remember that life renews itself and there’s plenty to love about being alive in this world.

5. Don’t quit living, learning, and growing. You’ve had a terrible shock, and are living with trauma. But don’t let that destroy your life. Look toward your own interests and hobbies. Do things that make you happy. It is all about self-care. Yes, the thing you wanted to do (mothering) was cruelly ripped from your arms and your heart will hurt over this for many years to come… but we must learn to live with the trauma and recover from it. And we must use the time away from our children to do good things for ourselves.

A big hug from me to all suffering, lonely, traumatized mothers on this Mother’s Day 2009.

(((((MOMS)))))
Filed under: Fight CPS Website — Linda Martin @ 9:32 am



April 16, 2009

The Mother’s Act

You can look for this at The Library of Congress Website for more information. It was passed by the House on March 30 and now is being considered by the Senate.

Melanie Blocker Stokes MOTHERS Act (Engrossed as Agreed to or Passed by House)

HR 20 EH

111th CONGRESS

1st Session

AN ACT

To provide for research on, and services for individuals with, postpartum depression and psychosis.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Melanie Blocker Stokes Mom’s Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act’ or the `Melanie Blocker Stokes MOTHERS Act’.

SEC. 2. DEFINITIONS.

For purposes of this Act–

(1) the term `postpartum condition’ means postpartum depression or postpartum psychosis; and

(2) the term `Secretary’ means the Secretary of Health and Human Services.

TITLE I–RESEARCH ON POSTPARTUM CONDITIONS

SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.

(a) Continuation of Activities- The Secretary is encouraged to continue activities on postpartum conditions.

(b) Programs for Postpartum Conditions- In carrying out subsection (a), the Secretary is encouraged to continue research to expand the understanding of the causes of, and treatments for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following:

(1) Basic research concerning the etiology and causes of the conditions.

(2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions.

(3) The development of improved screening and diagnostic techniques.

(4) Clinical research for the development and evaluation of new treatments.

(5) Information and education programs for health care professionals and the public, which may include a coordinated national campaign to increase the awareness and knowledge of postpartum conditions. Activities under such a national campaign may–

(A) include public service announcements through television, radio, and other means; and

(B) focus on–

(i) raising awareness about screening;

(ii) educating new mothers and their families about postpartum conditions to promote earlier diagnosis and treatment; and

(iii) ensuring that such education includes complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment resources.

SEC. 102. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A PREGNANCY.

(a) Sense of Congress- It is the sense of Congress that the Director of the National Institute of Mental Health may conduct a nationally representative longitudinal study (during the period of fiscal years 2009 through 2018) of the relative mental health consequences for women of resolving a pregnancy (intended and unintended) in various ways, including carrying the pregnancy to term and parenting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion. This study may assess the incidence, timing, magnitude, and duration of the immediate and long-term mental health consequences (positive or negative) of these pregnancy outcomes.

(b) Report- Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study, such Director may prepare and submit to the Congress reports on the findings of the study.

TITLE II–DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS

SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.

Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after section 330G the following:

`SEC. 330G-1. SERVICES TO INDIVIDUALS WITH A POSTPARTUM CONDITION AND THEIR FAMILIES.

`(a) In General- The Secretary may make grants to eligible entities for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with a postpartum condition and their families.

`(b) Certain Activities- To the extent practicable and appropriate, the Secretary shall ensure that projects funded under subsection (a) provide education and services with respect to the diagnosis and management of postpartum conditions. The Secretary may allow such projects to include the following:

`(1) Delivering or enhancing outpatient and home-based health and support services, including case management and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families.

`(2) Delivering or enhancing inpatient care management services that ensure the well-being of the mother and family and the future development of the infant.

`(3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with a postpartum condition and support services for their families.

`(4) Providing education to new mothers and, as appropriate, their families about postpartum conditions to promote earlier diagnosis and treatment. Such education may include–

`(A) providing complete information on postpartum conditions, symptoms, methods of coping with the illness, and treatment resources; and

`(B) in the case of a grantee that is a State, hospital, or birthing facility–

`(i) providing education to new mothers and fathers, and other family members as appropriate, concerning postpartum conditions before new mothers leave the health facility; and

`(ii) ensuring that training programs regarding such education are carried out at the health facility.

`(c) Integration With Other Programs- To the extent practicable and appropriate, the Secretary may integrate the grant program under this section with other grant programs carried out by the Secretary, including the program under section 330.

`(d) Certain Requirements- A grant may be made under this section only if the applicant involved makes the following agreements:

`(1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions.

`(2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions.

`(3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services.

`(4) The grant will not be expended to make payment for services authorized under subsection (a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services–

`(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

`(B) by an entity that provides health services on a prepaid basis.

`(5) The applicant will, at each site at which the applicant provides services funded under subsection (a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals.

`(6) For each grant period, the applicant will submit to the Secretary a report that describes how grant funds were used during such period.

`(e) Technical Assistance- The Secretary may provide technical assistance to entities seeking a grant under this section in order to assist such entities in complying with the requirements of this section.

`(f) Definitions- In this section:

`(1) The term `eligible entity’ means a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private recipient of a grant under section 330H (relating to the Healthy Start Initiative), public-private partnership, hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, public housing primary care center, or homeless health center; or any other appropriate public or nonprofit private entity.

`(2) The term `postpartum condition’ means postpartum depression or postpartum psychosis.’.

TITLE III–GENERAL PROVISIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

To carry out this Act and the amendment made by section 201, there are authorized to be appropriated, in addition to such other sums as may be available for such purpose–

(1) $3,000,000 for fiscal year 2010; and

(2) such sums as may be necessary for fiscal years 2011 and 2012.

SEC. 302. REPORT BY THE SECRETARY.

(a) Study- The Secretary shall conduct a study on the benefits of screening for postpartum conditions.

(b) Report- Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete the study required by subsection (a) and submit a report to the Congress on the results of such study.

SEC. 303. LIMITATION.

Notwithstanding any other provision of this Act or the amendment made by section 201, the Secretary may not utilize amounts made available under this Act or such amendment to carry out activities or programs that are duplicative of activities or programs that are already being carried out through the Department of Health and Human Services.

Passed the House of Representatives March 30, 2009.

Filed under: CPS — Linda Martin @ 12:49 am



December 21, 2008

Virginia: Kit and Nancy Hey are Still Actively Seeking the Return of Their Daughter, Sabrina Hey

A few days ago I found Kit and Nancy Hey’s amazing photograph on my Gather Family Rights group, and asked for permission to post it here:

Kit and Nancy

I spent some time looking through Kit and Nancy’s website and all Nancy’s articles on Gather.Com. I was especially touched by her photographs of Sabrina on their website, and by the videos of her speech at the 2008 DC Family Preservation Rally.

In her speech Nancy stated that a CPS social worker detained her child, not because Sabrina was in any immediate danger, but because she was miffed that the Heys wanted to consult an attorney before allowing any further intrusions against their privacy.

Sabrina was born on April 3, 2005 and detained at the age of only twenty-two days; the reason given was ‘failure to thrive’ although she was under doctor’s care and eight pounds at the time. Later Sabrina’s mother was accused of having a learning disability that would interfere with parenting, but when I see Nancy Hey on video reading her statement, and on Gather.Com writing articles, I can’t see that there’s any evidence of her being handicapped to the extent that parenting wouldn’t be possible.

This looks like a clear-cut case of injustice, and I hope everyone here will join me in prayers, good wishes, vibrations, energy, or whatever you can give, for this persecuted, wrongfully attacked family. The case is currently being appealed and all visitations have been cut off.

You can click on the picture above to go to Kit and Nancy’s website.

More information about the DC Family Preservation Rally: 2008, 2009. (The 2009 site appears to be under construction.)

[Update: Today I found this link: Child Snatcher Judge - with a photo of the couple little Sabrina was given to. Apparently they had their own baby and Sabrina may be neglected in favor of the natural child.]

Filed under: Legal Issues, Virginia — Linda Martin @ 3:07 am


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