May 17, 2008 4:19 PM
Parental Rights - organizing to protect them
One could say that there are plenty of signs around us that the government is encroaching more and more into the once-secure area of parental rights. While we may not agree with the polygamist practices of some far-out sect, seeing the government come in an arbitrarily remove 400+ children to disburse them over the state of Texas into foster care - breaking up families and sibling groups - is beyond imagination.
And I've been hearing tales - including one close to home of a family with a special needs child whose wandering has gotten them in trouble with CPS. Imagine having a file started on you as a parent because your child did something that is actually quite normal for even normal kids to do! And be careful what you share with your child's teacher - if she thinks it's abuse, you may have CPS knocking on your door, too.
In anticipation that recent efforts to exert the rights of the state over the rights of parents (remember the California judge who arbitrarily decided that parents had no right to homeschool?), some may want to investigate ParentalRights.org:
The right of parents to direct the upbringing and education of their children has been recognized and upheld for centuries. But there are dark clouds on the horizon.Today parental rights are coming under assault from federal judges who deny or refuse to recognize these rights. Adding further danger to the child-parent relationship, international law seeking to undermine the parental role is advancing on the horizon. Together, these threats are converging to create a "perfect storm" that looms over the child-parent relationship.
HT to Carrien
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Comments
I agree, what's going on with the separation of those Texas families is frightening.
Posted by: Julana | May 18, 2008 10:47 AM
As a foster and adoptive mother, I wanted to say that although I agree it is heartbreaking to see families torn apart and separated while in the foster care system; it is more heartbreaking to see very young girls being indoctrinated into polygamy and giving birth at such young ages. Babies having babies. It was also noted that there were signs of abuse to the children noted by the CPS agency. I pray for these children to be reunited with their siblings and mothers while also being released from the bondage of a polygamous lifestyle.
Posted by: Karen | May 18, 2008 3:13 PM
Barbara,
Thank you for your comments. I couldn't agree more. I am writing this in the hopes of reaching parents who want to protect their families against unwarranted State government intrusion.
"The overwhelming majority of families are FAR from the cult aspects surrounding the FLDS case. Yet few parents/families realize that they DO NOT have the legal protection they think they do. And it is getting worse. In fact, parents are the most regulated class of people.
What most parents do not realize is that all it takes is an anonymous phone call by a vindictive person to have CPS descend on your house. Kids have been taken away on such minor grounds as dishes in the sink or a broken refrigerator. CPS has a financial incentive to remove kids from their parents and place them in foster care.
What's more, all it takes is for a vindictive nonparent person to file a petition at the courthouse for custody, or unsupervised visitation with your kids. What parents do not realize is the family courts operate as a service department and are inherently anti-parent. Just fill out a form, get a court date, and you can be pretty sure they will walk out of the courtroom with something, usually the kids. Once ensnared in the legal system, it will not make a difference how good a parent you are. And if you are a single parent, it is 100% likely that the court will give your kids to the petitioner or that they will win court-ordered unsupervised visits. The court will say, "your parental rights are not being terminated, but the petitioner is being awarded custody in the best interest of the child". You not only lose your kids, but all of your money in legal fees in the process. Then the "winner" turns around and sues you for child support. AND they can also get money from KinshipCare programs. Sounds crazy? It is unfortunately very real and happens routinely. It all comes down to money and control.
The culprit is the State government and its abuse of parens patriea doctrine. Essentially, the State considers all children as "its" children. Parents have 100% of the responsibility, financial, etc, but the State holds title to them. So we create/birth/love/care for our children, but lease them from the State. This is the perspective of State government.
"Intact" families fare slightly better than single parents. Due only to our marital status, State governments have made legal targets of single-parent families. It is single parent families who suffer the most from discriminatory state custody and third party (noncustodial, nonparent)visitation laws. The State, in its hubrous, has determined that any event that causes a parent to fall into the "single parent" bracket is considered a "disruptive" event and justifies its right to break down the proverbial front door of our home to "protect" our children's "best interests" (against the parents), and court order nonparent custody and visitation even when there is no abuse/neglect/parental unfitness found. For no other reason than we are single parents. That is called discrimination.
There is nothing in the US Constitution that gives State government such broad, sweeping powers over our families. It certainly does not give the States the right to abuse its limited powers, either. In fact, the Constitution and the Bill of Rights were designed to protect us AGAINST an overbearing government, to limit government in our lives, and to guarantee us our rights, privileges and immunities. Equal protection under the law does not mean, except if you are a single parent. The 14th amendment is very clear,"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;(notice the semi-colon)" When States trample on the legitmate authority and inalienable rights of parents, they violate the Constition, which they are and the courts are sworn to uphold. The courts ignore the mounds of pro-parent caselaw and the US Supreme Courts rulings, too.
The solution? Do your own research. Check my statements. Google Troxel v. Granville. Then write your State reps and demand the State and courts respect the legitimate(no abuse/neglect/unfitness) authority of FIT parents, married and single. Demand the States uphold the US Constituion and the Bill of Rights. Get a State Constitutional Amendment for Right to Privacy. Demand CPS agencies have greater accountability/transparency. Demand repeal of third party visitation statutes. Demand preservation of the right to homeschool. And yes, organize parent's rights groups and get politically active, hold rallies. If you do not fight for your parental rights, you will lose them.
Posted by: Fit Parent | June 2, 2008 5:06 AM
Here it is folks. The ultimate in a family lawyer's dream. Why have just one or two parents? Why not allow multiple people to SUE YOU for control of YOUR children? Anyone having an "interest" in your child's welfare, any child-care provider, can petition the court for parental rights over your child. And it won't have anything to do with your fitness as a parent, or your marital status. Why shouldn't noncustodial, nonparents, be conferred by the state as a legal parent to your child, just for the asking? A version of this already exists for single parents. GUESS WHAT? Your next on the lawyer "hit" list. Of course, all in the interests of the "child's best interests". Each year we get closer to the truly nightmarish vision of the family portrayed in George Orwell's novel, "1984". These very issues are discussed among lawyer and judicial committees, seminars, conferences. People who do not care about you or your family are making policy decisions that will have a devastating impact on your family, emotionally, legally, and financially.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1012333
So all we will be left with is a right to bear children, not to raise them.
This is just one of many articles written by lawyers to advance the opportunities to profit from contentious family litigation. Everyone needs to contact their state reps/senators NOW and demand adherence to the traditional family values, protection of the fit parent/child relationship, including the right to the "care, control, and custody" of our children! If we do not act, we will lose the meaning of "parents" and "family"!
Posted by: Karen | June 19, 2008 2:02 PM
I disagree with "Fit to Parent". I'm a parent to bio., foster and adoptive children and have been involved in fostering for 5 years. CPS does not take children into custody on a whim. There is an investigation to determine if the child is the victim of neglect or abuse. I have fostered several children and the agency worked diligently with the bioparents to restore custody as soon as possible. There is NO financial incentives for CPS to remove children. They PAY subsides to foster parents to provide for the foster child. They obviously do not have that obligation once the child returns home. Termination of parental rights is a last resort for CPS after they work with families (sometimes for years) to reunite children with biofamily. I have seen children returned to "less than desirable" conditions with parents that had done the minimum on their caseplans. CPS is audited by the state to make sure they are using their time and resources effectivly...this is determined by how many familes are sucessfully reunited. I have also been a single parent, and know many other single parents...none that were randomly investigated by CPS or had children removed. If a call is made an intake worker determines upon investigation if there is a valid complaint. Although there are mistakes or exceptions to every rule, CPS isn't removing children for friviolus reasons when there are many children who legimately need protection. As far as kinship placement, there is a very small subsidy payment available for people caring for relatives children, and yes if the parent has lost custody (but keeps up with visitation) there is the expectation of child support.The subsidy is only available if the parent fails to pay the child support.IF the bioparents can prove to the court that they have made changes over an extended period of time that allow them to properly parent, they can petition to regain custody. The notion that the government is out to remove children on a whim is a little "over the top" in my opinion.
Posted by: Karen | June 20, 2008 12:49 PM
