Authority and Child Protective Custody
by Andre L Noel on Sun, 25-Apr-2004 12:42 PT
Dear (name private),
I sincerely hope this information helps. I have spent time researching this for you and hope that in your research you will be able to share any useful information you find with others in need through my web site.
The web site "Let My Children Go!" is dedicated to increasing awareness, sharing information, and positive constructive communication to help correct the system and help the families and children.
"Let My Children Go!" http://webup.net/net/let-my-children-go/
Social workers must (1)assess the situation then (2)act. Below are links to their (3)rules (Oregon) and their (4)authority as an agency. Some (5)comments at the bottom may help understand the situation.
ASSESSMENT:
Child Safety Assessment and Child Safety Planning (note the whole section and section 4b) http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-ab5.htm
High Risk Case Review http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-b41.htm
Protective Custody Without a Court Order "+www.dhs.state.or.us/policy/childwelfare/manual_1/" http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-i3.htm
"Protective Custody" google search in their manual "+www.dhs.state.or.us/policy/childwelfare/manual_1/" "protective custody" http://www.google.com/search?newwindow=1&safe=off&q=+site:www.dhs.state.or.us+%22%2Bwww.dhs.state.or.us/policy/childwelfare/manual_1/%22+%22protective+custody%22 (You may need to click on [ More results from www.dhs.state.or.us ] in the search results )
search results for their manual sections (this may show more than their index) http://www.google.com/search?newwindow=1&safe=off&q=+site:www.dhs.state.or.us+%22%2Bwww.dhs.state.or.us/policy/childwelfare/manual_1/%22
AUTHORITY:
It is my understanding that the person who took the children is an employee of a corporation in contract with the State to act as agents of the State using the authority given with CAPTA, "Adoption and Safe Families Act of 1997", and other laws.
Authority for Providing Service - SOSCF Policy http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-b11.htm
Oregon Revised Statutes http://www.leg.state.or.us/ors/ http://www.leg.state.or.us/ors/418.html 418.005 Powers of department in connection with child welfare services; rules; advisory committee 418.010 Children not to be taken charge of when parents object 418.015 Custody and care of needy children by department; placement
Public Law 93-247 Child Abuse Prevention and Treatment Act of 1974 (CAPTA) http://www.acf.hhs.gov/programs/cb/laws/capta/
SEC. 106. CAPTA Authority Child "Protection" Child Abuse and Neglect Prevention and Treatment Programs http://www.acf.hhs.gov/programs/cb/laws/capta/capta1.htm#106
SEC. 201. CAPTA Purpose and Authority http://www.acf.hhs.gov/programs/cb/laws/capta/capta2.htm#201
CAPTA State Grants http://www.acf.hhs.gov/programs/cb/programs/capta.htm
Oregon Family Rights (comments on CAPTA) http://www.oregonfamilyrights.com/susanresources/capta.htm
The Impact of CAPTA (note the 'Key Features') http://childabuse.gactr.uga.edu/professional/holmes/cpsreport4.phtml
Public Law 105-89 105th Congress "Adoption and Safe Families Act of 1997" http://www.acf.hhs.gov/programs/cb/laws/public_law/pl105_89.htm Adoption and Safe Families Act of 1997 Resources http://www.ncsl.org/programs/cyf/ASFA97.htm
In multiple cases I have seen solid evidence that the person acting as agent who takes the children VIOLATES agency policy, violates state statutes, violates state constitution, violates US code, violates the United States Constitution, and acts against the United States Supreme Court judgments and opinions. The social workers lied. You must clearly and solidly DOCUMENT EVERYTHING for court of law.
Beware that a 'hearing' is NOT a court of law and if no charges are pressed there is NO defense to return or keep your children in that court room. Common sense brings to mind the legal term "color of law" http://www.oregonfamilyrights.com/intro/fbi/fbi_color_of_law.htm http://www.fbi.gov/hq/cid/civilrights/color.htm
WARNING: Filing a Grievance with the Oregon SCF http://oregonfamilyrights.com/grievance/
There is much talk of reform for these grievious laws and broken system. It is commonly agreed we need laws and organizations for the intended purposes of protecting and helping families and children.
When most people hear of what is actually happening to families without proper cause they do not believe it happens often or they feel overwhelmed and do not take action. Many of those in these situations are appropriately very emotional but let their emotions lash out rather than use their pain to drive change to the laws and accountability of social workers.
Everyone who can needs to communicate far and wide helping share useful information and increase awareness.
(name private) wrote: > A Social Workers Manual of procedures to remove children from homes? If > necessary, what constitutes necessary is the operative word here I am sure. > > My nephew was arrested for sodomy on 2 children under 12 years. Judge > released him into his home with no stipulation about his youger brother. > > I am looking for ORS governing how a Social Worker has authority(she said > power over the Judge) above a Judge and can remove another child from the > home if the accused is back in the home with Judge approval. I know there > is proceedures to follow when it comes to removing the accused child from > the home if the mother does not have her other child go with another > relative to live? > > Both Juvenille worker, the boys attorney, and now the judge(through a letter > to him from the accused's mother) know what has happened, and this woman has > been talked to by the attorney and Juvenille worker. We have not heard a > word from her since. I personally think she knows she crossed a line by > threats to the mother and talking to the accused without representation. > There are 3 of us here that know our rights and are working on this. I > spend a lot of time in the law library and on line researching Supreme Court > rulings on other matters. But on this, I am having a hard time. I believe > Social Workers have authority..............but they exert Power instead. > This is what has happened with my niece and I will be dammed if we will > stand for her Gestapo tatics. I would appreciate it if you could direct me > in the right direction to find her authority. (name private) > > >
