corruption

CAPTA: The Child Abuse Law Which Could Destroy Your Reputation

CREDIT TO MERCOLA.COM

There are a number of local parents that have contacted Crescent City Times.com about things that scare the living daylights out of us and that is about accusations that our local Child Protective Services abusing their directives and legally kidnapping children in our community.

Here’s a copy of Dr. Mercola’s 2011 article.  Things have not gotten better since then:

Child abuse is a horrific act, no matter how you define it.

That’s why we have so many laws, and public and private agencies, set up specifically with the charge to protect children and maintain their safety. It’s exactly why so much funding is directed toward this goal.

But did you know that the money funneled to states and child protective services actually encourages them to accuse you of child abuse and even murder, and to take your children, even if you’re not guilty, and even though they have absolutely no proof that you harmed your child?

The Legal Abduction of Children

Horrendous as it sounds, it’s true: child abuse has become a business – an industry of sorts – that actually pays states to legally abduct your children and put them up for adoption!

Even more unbelievable is that, instead of pumping the money back into child protective service programs, some states actually are putting it into their general funds to help balance their budgets.

A number of groups have tried to reform this shady practice, but it was a California politician who caught media attention this past summer, when he said that, if elected, he would expose how local governments were amassing billions of dollars in annual reimbursements, in exchange for what amounted to legal abduction of children.

“Most people are not aware of how much profit many of these services provide the county,” John Van Doorn told a San Diego newspaper. “These profits are hard to ignore and even more difficult to pass up.

Counties can bring in thousands of dollars in excess revenue for each child in foster care, Van Doorn said – which means they have more incentive to remove children from their families than to keep families intact. “As such … our county government is a major factor in the dismantling of families and/or destruction of children’s lives,” he said.

He then cited San Diego CPS for “egregious behaviors” that included accusing parents of child abuse without any evidence.

The ugly truth is that San Diego isn’t the only community where false accusations of child abuse occur. Across the nation, the practice has become so blatant that some of the leading experts on child abuse and foster care have started to cry “foul.”

About the Child Abuse Prevention and Treatment Act (CAPTA)

The Child Abuse Prevention and Treatment Act (CAPTA) is the federal law on which almost all state and local legislation and funding for child protective services are based. Enacted in 1988, CAPTA directs the U.S. Health and Human Services’ Administration for Children & Families to provide grants to communities for child abuse prevention programs.

As a federal mandate, CAPTA mandates states to implement child abuse laws on their own, so they can align themselves for the massive funding and grants that go along with the law.

In theory as the years went by, if the goal for this law – to reduce child abuse in this country – had been successful, then today we should need less funding for these programs, not more. Success also should have resulted in fewer children in foster care and even fewer being put up for adoption.

But in reality, the opposite happened. Instead of less children in foster care, the numbers went up for nine years after CAPTA was passed. And, layers and layers of state and federal government programs and agencies whose funding depends solely on child abuse occurring were created.

In 1999 foster care numbers started dropping – but only because of new laws that encouraged states to move children out of foster care and into adoptive homes.

Of course, that legislation came with funding too, giving CPS a new avenue for making more money and creating more jobs and more programs. The tragedy is what Van Doorn pointed out in his campaign: the financial incentives for rooting out child abuse actually encourage agencies to make false accusations against parents, and to tear families apart for something that did not occur.

How this Law Actually has Increased Child Abuse Reports

What happened in San Diego is not an anomaly, nor is it new. In 1991, the bi-partisan National Commission on Children had already figured out that children were being taken from their families “prematurely or unnecessarily” because federal formulas give states “a strong financial incentive” to do so rather than provide services to keep families together.”1

As a result, the federal government and a number of states created legislation that was supposed to keep more families together. But as the National Coalition for Child Protection Reform (NCCPR) reports, those efforts only disrupted more families, and encouraged more adoptions.

Again, the reason is financial: the new laws give “bounties to states of up to $8,000 or more per child  for every adoption they finalize over a baseline number,” NCCPR reports. And again, all the help goes to foster and adoptive parents. “About the only parents the federal government won’t help indefinitely are birth parents,” NCCPR found.

But the injustices don’t stop there, because in order to get that money, states have to have children to take away and place – and therein lies the incentive to falsely accuse parents of harming their children and to forcibly remove children even when there is no evidence to do so.

“CPS nationally are doing a job they’ve never been trained to do,” says Kim Hart, a trial strategist and facilitator who has been assisting attorneys in defending persons accused of child abuse for more than 18 years. They’re investigating people who have never been charged, and calling them child abusers, and taking kids away, and they get paid to do it.

This mechanism is bigger than what most people know. It goes all the way back to the 1980s with legislation that told states they had to develop registries with mandatory child abuse reporting.”

The money that follows a child abuse accusation and subsequent placement of the so-called endangered children into foster care or adoption is the real catalyst for the epidemic of child abuse accusations, Hart said.

“And there is no incentive for any physician or anybody involved to be intellectually honest about this because the law also gives them immunity if they’re wrong,” she said.

“So what happens is that the minute CPS is involved – or the second the EMTs are called (for example, in sudden infant death or alleged shaken baby cases), parents are already labeled as child abusers.”

How are States Spending this Extra Money?

According to NCCPR, in FY 2010 the federal government is expected to spend at least $7 more on foster care and $4 more on adoption for every dollar spent to prevent foster care or speed reunification. This is based on President Obama’s $4.681 billion foster care budget for FY2010 – an increase of $21 million over FY2009. The number represents a decrease of 4,300 children a month in foster care.

But this decrease is based on “placement of children in more permanent settings.” In other words, states are gettingmore money to take care of fewer children by placing more of them in adoptive homes.

The law also increases incentives for adoption by paying out $1,000 to $8,000 extra for certain types of children who are placed for adoption.

The twist is that states are not required to put this money back in to keeping families intact or even for preventing child abuse. Instead, by law, they can use it for non-child-related things, such as delivering meals to senior citizens or for transportation services, or a range of other home-based services!

In San Diego, Van Doorn couldn’t get a direct answer when he demanded that city officials tell him where their $4,000 per adopted child was going. But a look at any state’s budget – from Minnesota to Florida to Connecticut and back to California – can tell you that local governments and states are cutting back or flat-lining children’s services and using these extra federal dollars to balance their budgets .

Not Enough Abused Children? Change the Definition of Child Abuse

This certainly is a convoluted way to stop child abuse, if for no other reason than it’s a form of child abuse to tear families apart and take children away from parents who are accused of doing something they didn’t do. It also doesn’t explain one of the newer definitions of child abuse that came along after CAPTA was enacted, Shaken Baby Syndrome (SBS).

Reliable statistics on SBS do not exist, but according to the National Shaken Baby Coalition (NSBC), as many as 1,500 babies a year are shaken by their parents, and either severely injured or killed.

While the numbers may not seem exceedingly large, they still add another arena in which CPS can seize children from their parents, and place them in adoptive homes – and claim the booty that the federal government gives them for doing this.

On the Backs of Children, an Industry Based on Child Abuse has Arisen

In San Diego, CPS proudly announced that due to their efforts, child abuse reports had gone down. But again, Van Doorn busted them – the numbers went down, he said, because the public had begun to catch on to the county’s recent court cases they’d lost in conjunction with false child abuse allegations.

When you apply this same thinking to the national statistics, it makes you wonder how many other states and local municipalities are dealing with false allegations.

The truth is staggering, according to Hart, and is so prevalent that countless blogs have popped up addressing the problem, as well as entire websites devoted to helping people who’ve been falsely accused of child abuse.

Shaken Baby Syndrome has become an industry in itself, according to Dr. Edward Yazbak, a physician who has devoted the past 10 years to studying the issue and testifying as an expert witness on behalf of parents he believes are innocent of this crime.

“This is an inverted pyramid,” Yazbak says. “It’s an idea that has been added to and added to, but does not stand to science.

This shaken baby business has come out of nowhere and become an epidemic, and it’s the other side that’s making money – the child protective services, the funding, the grants that all these people get.

It’s obviously a very popular and passionate thing with them. But they’re literally convicting people before they’re even accused. It’s the only crime in the world like this, and many of these parents are perfectly innocent.”

A short Internet search can show you what Dr. Yazbak is talking about. Hundreds of private adoption agencies around the nation are totally dependent on public welfare services supplying them with children – and funds – to keep their “businesses” going.

Likewise, hundreds of state, county and community agencies and governmental jobs are dependent on the same thing – legally abducting children to pay for the programs that have sprung up in the name of protecting children.

Again, the numbers tell the story:

In 1990, two years after CAPTA was created, nearly 2.6 million children nationwide were reported as abused and/or neglected, and referred for investigation.  Despite the law, six years later, in 1996, 3 million children were reportedly abused, and under CPS “investigations.” Today the number varies, depending on how federal authorities define child abuse. Under one definition, statistics show that the numbers have dropped by nearly a third.

But with a “more inclusive” definition, the numbers have stayed the same at about 3 million – or about 1 in every 25 children. In a 2010 report to Congress, the Administration on Children & Families explained how the numbers figure in the face of other data showing a decline in child abuse.

But no matter how you interpret them, or whether the numbers have the stayed the same or dropped, the Congressional report doesn’t explain why the President and Congress have continued to inflate budgets with more money to take children away from their families.

So what can you or I do about it?

According to Hart, this is an issue that can’t be fixed with a single article or a few phone calls. It’s a national problem that’s gone on for decades, that needs local and federal pushes to change the laws that made these injustices possible.

Coincidentally, CAPTA is up for renewal in 2011, with billions more of your money proposed for the kinds of child abuse “prevention” that I’ve talked about here.

In an effort to change this, I encourage you to study the links I’ve included in this article, and then contact your legislators and ask them to take a closer look at the monster that CAPTA has created.

While sunsetting the law or stopping its funding is probably only a dream, Hart believes it’s possible that with enough pressure, you can lobby to have the “immunity” clause removed from this, so that at the very least, agencies who falsely accuse parents of child abuse can’t do so without being held responsible.

References:

1 National Commission on Children, Beyond Rhetoric: A New American Agenda for Children and Families, (Washington, DC: May, 1991) p.290.

8 Responses to CAPTA: The Child Abuse Law Which Could Destroy Your Reputation

  1. Tammy Carr Reply

    November 12, 2017 at 4:38 pm

    This just made me cry so hard because I was part of this scam. Del Norte, California took my two boys away made up lies to keep them and destroyed my family, my boys childhood dreams, and my youngest light became darkness. They both came back my oldest once replied at 9 yrs. old “I’ll be home before I turn 18 yrs. old” he was going to graduate high school at age 16 yrs. old so CPS (Carol Kays) held him back so he gave up in school yet still made it home by 17 yrs. old by being kicked out of every group home they sent him too. My youngest was adoptable so yeah never got him back. First family tied him to beds at night, locked him in closets in the day time and made him have sex with the sister they adopted with him while video taping. The second home, let me see him because she said she’d read my report and noticed I only neglected not abused him (A dream/prayer come true). He ended up being abused just as bad in her home, yet she fed on his deepest fears to keep him shut up as they do all children they adopt out of the system. I got him back bruised, leery, mentally, emotionally & spiritually bankrupt to the point he only felt shameful of himself and doubted his every move. I miss him. He recently was supposedly murdered by another girl taken away too.

  2. Henry Reply

    September 22, 2017 at 10:49 pm

    Dr. Roy illegally diagnoses healthy people as mentally ill if Rural Human Services are involved
    He uses 14 day holds on anyone who speaks out against Tina, Susan or Bill.
    The police are in on it and enjoy the extra power that Dr Roy gives them and use
    false allegations to arrest and take to mental health so they can be injected with haldol
    which can cause immediate death and heart attacks severe tightening of the throat
    to stop a whistle blower and causes psychotic episodes and muscle weakness renal failure.
    Also vision and breathing problems and COMA.

  3. Hammy the clown Reply

    May 13, 2017 at 4:58 pm

    Petition the President to end the foster care program and start centers that are managed like a nursing home or rehab and take away incentives and watch it go out of business.

  4. denise devoir Reply

    September 12, 2015 at 10:01 am

    My husbands ex got his kids taken from her, but instead of CPS bringing kids to the father, CPS took kids to temporary foster homes, phoning him 5 days later to tell him he has court in an hour and “we assigned you an attorney.” Never has he been given a chance to prove he can raise his kids. He has no long history of drug abuse or of any type of charges, he has a clean record, but still having trouble with surti said JUDGE. What this Judge is doing is using our past on us today, and by the way the courts won’t hear anything we have to say, tells me he has had it personally….please NEEDING HELP IN DEL-NORTE!

  5. scott devoir Reply

    September 7, 2015 at 7:20 pm

    Well here we go… I’m another Del Norte County resident that is currently under the guillotine and I’m the non-offending parent.

    I made my mistake in 2008… mouth swabs were taken my …baby girl was supposedly dirty for meth hair follicals from the same day showed clean not a trace of anything to have all of this in the first report handed to me by CPS themselves for good practice we will call her s w slithers CPS. Anyway my wife and I went through 3 years of reunification plans, completed every program and was released. 15 Months early have been clean and out of trouble since to present day. My x gets the kids, takes my 10 year old son test way over the adult rec limit for meth in the first report it surfaces that my x held my 8 year old baby girl down by the throat and punched her in the head body n legs on several different occasions. This is in the CPS report and no charges have been filed and I wasn’t notified for 5 days of anything. Well s w slithers kid-jacked my kid.

    I listened to it unfold on the police scanner. My constitutional and civil rights have been and are currently being violated at the hands of our Senior Judge. What I have told here is only the beginning. Of this surrealistic nightmare the last go around in courtroom even the CPS lawyer said there’s no evidence supporting the need. The judge said he will because I said how is that fair or impartial. Look up judge and judgement in Websters dictionary. The explanations there must have excluded Del Norte County Superior Courts. Thanx for letting me share n God Bless

  6. (anonymous) Reply

    September 6, 2015 at 1:46 pm

    I know from experience and study that CPS comes in, on maybe 1 complaint, snatches the children away from their parents without investigating the truth. If they can not find anything, they make things up and persuade, bribe, put stuff in the children’s heads, and scare the children that they have been abused and their parents do not love them, with the help of CASA Workers, counselors, their own Psychologist that they hired, the Adoption Agency, and the court.

    The court is just as corrupt, They allowed 1 Judge, (Follett) to make the decision to adopt children off without a Jury, witnesses, true evidence, the parents own evaluator, or Due Process. The parents cannot read anything in time or defend themselves and even if they comply with all of their demands, taking all of their classes and doing everything they ask and more, for the so called reunification process to get their children back, they still do not get their children back, because it is the CPS’s intention to adopt out the children for the money.

    The foster and potential adoptive parents also do the same, and coax the children for the big time money they are getting per child. In this county (Del Norte, CA), the foster and adopted parents get $1300 per child and the CPS gets more. If the children try to speak out that they were forced to lie they put them in a group home or mental hospital and drug them up so they can’t speak out and just say they are bad or Mentally unstable and say they can’t speak in court. They will still get their money and the child can not speak out. And they will bribe and or scare them half to death and make them hate their parents. Because of the trauma they mentally and emotionally change from the happy children they once were and they blame the parents. It should all be truly investigated and stopped.

    The parents should also get a true fair trial. There are plenty of children out there who really do need to have a good home, but because they care, not for the money. They should not snatch children from loving homes for money and power and they especially should never separate the siblings because they are suffering. They need support from each other and they are being ripped apart from each other and their parents. The children are being traumatized and so are the parents. Everything they say the parents are doing, they are the ones doing it and no one can prove it because they do not have cameras on them or in the visitation or interview rooms. Even if they do have cameras, they are known to tamper with the evidence. By law they should have cameras and not be allowed to tamper with them.

  7. Wesley Nunn Reply

    August 30, 2015 at 10:51 pm

    Isn’t Dr. Tod Roy part of this system locally??? The guy gives me the creeps.

    • (anonymous) Reply

      September 6, 2015 at 1:22 pm

      Dr. Tod Roy is paid to lie for Del Norte County CPS and say that the parents are unfit to take care of their children and the children are psychologically damaged by the parents. They also get more money if the children have so called mental problems. So does the foster and adoptive parents and they all lie to the children and are the ones that cause them to have “mental or psychological problems.”

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