Taking Your Child
1
- THE NATURE OF THE PROBLEM This does
not sound very pleasant, but you should know about it. This crisis is
occurring over and over again to families all over America, as well as
in many other Western nations. The
childish words of a kindergarten student are taken out of context; a
social worker is called in, and the child is taken away from its
parents. A
child misbehaves in a store or parking lot, and a parent spanks it. An
alert passerby notifies the authorities--and the child is removed
from the home for months or years. Beware!
The situation is getting serious! so serious that some parents are
moving to isolated locations in the country. A
major U.S. Supreme Court decision occurred on April 25, 1994. On
that date, the high court let stand a U.S. Court of Appeals ruling that
social workers are entitled to absolute immunity from
liability. That means they can do almost anything, without fear
of personal court reprisal against them. They cannot be arrested, they
cannot be tried in a court of law--even if a child dies because of
their actions! Because
of that ruling, social workers can remove children from
parents--without evidence or proof of any abuse to the child. They can
remove children without an explanation, or court order, and cannot be
sued or prosecuted for any unfavorable result that may occur as a result
of their actions! The
ruling, which the Supreme Court let stand, was the Sixth Circuit Court
decision in Hoffman v. Harris, which was keyed to a similar Sixth
Circuit Court decision (Salyer v. Patrick, case (874 F. 2d 374;
1989). That ruling clearly stated that it was made to give social
workers all the power and authority possible, and ensures that they
are not deterred from vigorously performing their jobs as they might if
they feared personal liability (ibid.). Ironically,
in the Hoffman v. Harris case, the father was later exonerated as
having been unjustly treated and falsely accused by the welfare worker!
Ian Hoffman had been arrested and stripped of his right to see his
daughter--solely as a result of a false charge against him, of
child abuse. Yet the social workers, who brought the allegations,
did not question the child nor permit the father an opportunity to reply
to the charge. Do
we now live in Russia? The
fact that Hoffman was later cleared by a jury and awarded permanent
custody of his child,--did not change the outcome of this case. It was
when he sued the social services department and the welfare workers that
the Sixth Circuit Court handed down that decision, immunizing the
welfare workers and their department, a decision which the Supreme Court
let stand. As
a result, social workers will henceforth have even greater discretionary
powers to do as they please with families and their children. And
the basis of their actions will rest upon the personal standards of the
social workers as to what is right and what is wrong. They
can grab children, divide families, and accuse parents of false charges.
In some instances, criminal prosecution of the parents is the outcome. In
this article, we will refer to this agency as the social services
department, or simply as the department. It is city or county
extension of a state department, sometimes called Child Protective
Services. Yet we will find its objectives are to protect the
department. Did
you know it is illegal to teach your child Christianity in the privacy
of your own home? Read this: The
Christian fundamentalists who want the freedom to indoctrinate their
children with religious education do not understand [that] the law that
prevents them from legally teaching their kids prevents someone else
from abusing theirs. That
is legalese for letting you know that instructing your child in the
Bible can be construed by the court as a form of child abuse. Who
wrote those words? None other than Kathryn Collins, the legal counsel
for the Iowa Department of Education. The
university-trained experts, now in charge of the welfare and
social services departments throughout America, consider Bible and
religious instruction to be too narrow for a child's mind. They
presume to have the authority to tell you what you are to teach your
child, and what you may not teach him. It is called indoctrinating
the child with Christian beliefs, and is thought to be something to
be avoided. The
coming of Clinton to Washington, D.C., only aggravated the problem. His
wife, Hillary, wants the state to control the destiny of the child. Bill
does what Hillary wants, and Congress generally tries to enact it into
law. The
Clinton Goals 2000 is one such law. It is now on the
federal statute books, and is being pushed in school districts
throughout the United States. A program called Parents as
Teachers, which is but one facet of Goals 2000, is a
parent training service. When the time comes that it is
implemented in your school district, you will find it requires that the
parents be taught what they are to teach their children at home! Only
politically correct guidelines are acceptable. When the progress of each
child is checked on, and yours is found to have been taught too much
religion, or other myths, then the social workers can be called
in. The
new educational theory is that too much religion places a child at
risk, and can lead to child abuse. The problem is that the
child should be able to start school with an open mind, rather
than one fortified with Biblical principles, standards, and morals. A
computerized tracking system is being developed, to be used with the
Goals 2000 educational projects (including Parents as
Teachers). In this way, every parent can be kept in line, and the
social services departments of America can improve their rate of child
confiscations. Another
improvement is the on-site health clinics in the larger public
grade and high schools. These are staffed by specially-trained health
workers, who watch for certain things. Do the children appear
undernourished? Perhaps they are not getting enough food at home. If so,
the social services department needs to be called. What about the
psycho-social status of the child? Does it have the right moral
constraints? Perhaps the moral standards of the parents do not seem
suitable, and the child needs special counseling. The students need to
be equipped with the best in modernized beliefs and values. By
now, you may be wondering how bad it is going to get. Because the
citizens let the government do whatever it wants, without a public
outcry, the situation will continue to worsen. Listen
to this: An
eight-year-old student was asked, Do your parents ever spank you?
When the boy replied, Yes, the counselors examined the child
closely for bruises, but found none. Then a school official called the
boys father and told him that, if he ever spanked the child again at
home--and they learned about it, the boy would be placed in a foster
home. We
are discussing government agents who have a lot of power and mixed-up
thinking. They target parents, and then take their children. Jio
Saephan fled war-torn Laos and came to America. Settling in San
Francisco, he made the mistake of sending his oldest child, who was of
school age, to the public school. One
day, seven-year-old Vourn was at home and, as his grandmother noted, was
playing recklessly with a kitchen knife. She was frightened enough
that she told his father, Jio, when he came home from work that night.
As was a Laotian custom, as punishment, the father slapped the child on
the back of the hand with a knife. It made a slight bruise. Next to the
bruise was a larger scratch, where the child had recently cut himself
while playing with a steel gate. The
next day at school, a teacher noticed the scratch and asked the child
about it. A report was quickly made to the authorities. Soon after,
social workers came to Jio Saephans home--and took every child in
the home, all four of them. Vourns
five-week-old brother, Seng, who always slept with his mother, died
within a week. As a cover, the social workers dismissed it by
the excuse that it was sudden infant death syndrome. But
the mother had visited the child prior to its death, and noted that its
clothes stank of cigarette smoke. She found it impossible to obtain help
from the social worker, who, she said, yells at me. The
entire story was later reported in the San Francisco Chronicle (Grieving
Laotian Family Mourns Infant, February 19, 1994), and in the San
Jose Mercury News (Infants Death Is Tragedy in East-West
Culture Clash, February 19, 1994). After
the baby died, the mother was not allowed to see it for four days.
Apparently, there was a reason for that for, when she did see the tiny
body of her infant son, the severe bruise on its head was quite
noticeable. The mother believes her child had been dropped. Unwilling
to back down a bit, the social services department decreed that the
father, Jio Saephan, could not see his children unless a caseworker was
present. In order to regain his parental rights, he must attend lengthy
contemporary parenting classes. In those classes, he was told that
he must never again discipline his children in any way (Mercury News
report, referred to above). The
Coalition of Concerned Parents in San Jose called little Sengs
death an indictment on the failure of the whole child protective
services system in the state of California (Justices
Allow Immunity for Social Workers, San Francisco Chronicle, February
19, 1994). A
week after Sengs death, another baby in a different caseload died.
Social workers had refused to give custody of little Jorge Millan to his
grandmother, because her house was too small. During
supervised visits, Jorges family had noticed cuts and bruises on the
baby's head. But, when they reported this to the department, there was
no response. Then, shortly afterward, the foster mother they selected
put a shower hose into his mouth and then into his rectum--and he died
of perforated intestines (Tots Death Cuts Short a Tragic
Life, San Francisco Chronicle, February 27, 1994). The
emerging pattern is that social services departments are quick to punish
the true (biological) parents, while ignoring what others do to those
children. We
have already mentioned the danger of being caught spanking your child in
public. Something on that order happened to a mother in Texas. As a
result, she almost lost her children entirely. The
seemingly unlimited power of child welfare agencies and the caseworkers
they employ has some parents too demoralized and fearful to discipline
unruly kids. That is what the Texas mother told reporters after
undergoing that harrowing experience. You're never able to be the
same with your kids, after you go through an investigation. I've
become paranoid . . and less able to discipline, she added (Dana
Mack, Child Abuse Bureaucracy, a New Parent Trap, Sacramento Bee,
February 20, 1994). Dana
Mack, the Washington Post reporter and author of the syndicated
column (reprinted in the Sacramento Bee), went on to make this
statement: While
39 percent of the over 2.6 million reports of child maltreatment each
year are substantiated [substantiated, that is, testified to by a
witness], only 3 percent of these cases involve injury to a child
requiring any medical attention. Indeed, substantiated cases of child
abuse include incredibly mild transgressions. A Florida couple was
convicted of abuse for restricting a foster child's television
viewing (ibid.). What
have we come to, when the state can take away our children for little or
no reason? Mack
also noted the decision of a recent San Diego County grand jury: The
child protective system has isolated itself to a degree unprecedented
in our system of jurisprudence and ordered liberties. But our lawmakers
have, for the most part, failed to respond to such warnings. Aware of
the enormous media attention given to the subject of child abuse, they
are willing to appear insensitive to the sufferings of children.
By not acting, our elected officials are helping to maintain a system
that has proven unfriendly to family life and ultimately hazardous to
the well-being of American children (ibid.). In
other words, there are no checks and balances--when it comes to social
services. They can do almost anything they want and get away with it. We
began this article by noting that, on April 25, 1994, the Supreme Court
would not interfere with the Sixth Circuit Courts ruling in the 1989 Salyer
v. Patrick case, and the related Hoffman v. Harris case. At
issue was Ian Hoffman's damage suit, which ended at the Supreme Court.
That case clearly shows a shift in the balance of power--from the
parent to the state. The government can now do frightening things to you
and your family through its case workers, and you cannot sue the
social workers who did it. Only
two of the nine justices wanted to hear the cases. (Those two are the
most conservative justices now on the Supreme Court: Clarence Thomas and
Antonin Scalia.) The other seven refused. As a result, police and other
investigators can be sued, if they violate clearly established
rights of citizens. But social workers have total immunity! This
immunity gives them a brazen daring, which they would not otherwise be
able to exercise. Here
is Justice Clarence Thomas written dissent to the Supreme Courts
denial of petition for writ of certiorari in the Hoffman v.
Harris case: The
District Court held that the social workers were absolutely immune from
damage liability for this conduct. Relying on its decision in Salyer
v. Patrick, 874F. 2d 374 (CA6 1989), the court of Appeals affirmed .
. the decision below and other decisions granting absolute immunity to
social workers may be premised more on the notion that absolute immunity
serves important policy concerns than on either historical or functional
analyses. See, e.g., Meyers, 812F. 2d, at 1157. To the extent
they are so based, they are misguided: The federal courts do not have
a license to establish immunities from section 1983 actions in the
interest of what [they] judge to be sound public policy . . We
should address the important threshold question whether social workers
are, under any circumstances, entitled to absolute immunity.
Accordingly, I respectfully dissent. Justice
Clarence Thomas, April 25, 1994. 2
- IF THE CASEWORKER COMES
TO INVESTIGATE Aggressive policies of so-called child protection agencies have resulted in many families being torn apart. Intervention is often based on nothing more than suspicion of potential abuse. A basic problem is that the state believes the children belong to it rather than to the parents or to God. Another problem is that it is secular, university-trained men and women who are licensed as social workers. They cooperate closely with government agents who are practicing psychiatrists and psychologists. These people believe it is their inalienable right to decide what is proper parenting. Yet their opinions and decisions are colored by pseudo-psychology concepts learned in the universities. The
inference is that only those approved by the state are able to raise
children properly. Foster parents have been approved, but biological
parents generally have not. (They are usually not approved until
after they have had their children taken away, and have gone through an
agonizing process trying to get them back.) Because the foster home was
officially approved, to admit failure on the part of the foster home
would be to admit failure on the part of the social services department. There
are instances in which social workers have perjured themselves or
withheld information in court, in order to win a case. Each
decade, the crime and profligacy in the world becomes worse. But, as it
does, the social services keep intensifying their efforts to take
control of private families. We are coming to a time when it is becoming
difficult to avoid these family pirates. A
mere allegation of suspected abuse, mental or physical, can result in a
social services invasion of ones home. The children may be removed
and, if that happens, it may be weeks or months before you are able to
recover them, if at all. In
all of this, keep in mind that parents are assumed guilty and must prove
their innocence, and counseling is generally required for all parents
who come under suspicion. The
charges may arise from spanking the child or even denying its wishes. Anyone
may allege abuse, based on suspicion, simply by calling the social
services office. The home will then be investigated. If it ends with
that, a file will be kept on that family in the district office. They
are now a potential abuser family. That file will be used against
them if another complaint is later called in. If, on a whim, the
caseworker decides to do so, he can remove the children from the home
for an undetermined period of time. The children will be placed in
foster care at an unknown location, sometimes together and sometimes
separately. A court date will be set for fact-finding, usually
within 72 hours. The
caseworker will be busy interviewing neighbors and relatives, to
determine if there are other suspicious aspects. The whole thing will be
blown up, much like an income tax inspection, until everyone in the
neighborhood considers this family to be child abusers. In
all this, the familys privacy will be violated, and, in some
instances (although illegal), the familys
confidential matters will be mentioned by the caseworkers to some
of those being interviewed. This prejudices the neighbors to make
negative comments and opinions, which will then be used against the
parents. Any slight concern is twisted into confirmation that the
parents are abusive. All
this sounds like the midnight entrance of the black-shirted Nazis in
Hitlers Germany in the 1930s, when they forced their way in and
hauled off family memberson a single pretext or none at all. At
the court hearing, the department will present its findings and make
recommendations based upon the opinions of the social worker
investigating the case. The parents must be represented by an attorney
who will attempt, on very short notice, to refute the states
allegations. Keep in mind that the caseworker does not represent the
childs interests, but those of the state. What are the interests of
the state? They are to maintain a good record of convictions, and no
wrongful intrusions. At
times, a Guardian ad Litem (GAL) will be appointed by the court
to represent the childs interests. Although the GAL is not affiliated
with the social services department, but is an independent
investigator,yet, much of the time, he does little other than accept
the position of the statewhich, in turn, consists of the opinions of
a single caseworker. In
some instances, the GAL tries sincerely to help the parents and keep the
family together. But court records indicate that, when that happens, the
court is less likely to appreciate the counsel of the GAL. We have here
a state-operated clique: the caseworker, working with the department of
social services, working with the judge, and often in cahoots with the
GAL too. Although
the department is not really defending the child, yet the court
generally assumes that it is,so the departments request is usually
okayed by the juvenile judge. Is not the caseworker a
professionally-trained person, who, because of university and
psychological training, knows how to come to wise conclusions? At least,
that is the conclusion many judges come to. In
most states, the law specifies that an important objective is to reunite
the family. But the social services department has a different
objective: the winning of as many cases as it can, as if that can prove
to everyone the correctness of its decisions. But winning a case means
separating a familyand taking away one or more of the children. In
addition, state and federal funding to local departments is often
contingent on the number of children which are being boarded in foster
homes. The agencies receive no funds for the families they reunite. But,
in addition to the funds they receive from the state for each
foster-care unit,they frequently charge the parents the cost of that
care! In some instances, these expenses can be tens of thousands of
dollars for several months of separation. But
that is helpful to the best interests of the social services department
also,because then the parents will be too broke to afford an
attorney. When
the parents appear at the hearing, they are generally represented by a
state-appointed attorney. What is that attorney like? He
is generally overworked, running from case to case and, in most
instances, has only been introduced to the parents a few moments before
the hearing begins. He is hardly acquainted with the case, knows next to
nothing about the parents,and yet is now supposed to ably defend
them, their positions, and beliefs in court. At the best, that attorney
is not likely to do very well, especially with a judge generally
prejudiced, in advance, in favor of the department of social services. But
a number of these court-appointed attorneys are often less helpful. They
are useless hirelings, who want the family to admit any and all charges,
so the case can be gotten over as quickly as possible. A client that
denies the allegations is seen as uncooperative and a nuisance. It is
easier for the attorney if the parents just admit they are abusiveand
do whatever the department wants them to do. If
you get an attorney like that, you are very unlikely to win your case!
Such an attorney is worse than useless. What
about the testimony given in the courtroom? Friends of the parents may
support your innocence, but the court tends to look down on it,since
they are not professionals. Frankly, the objective of the
department and that of the judge tend to be the same: Do what the
professionals recommend and, above all, defend the state. The
most favorable aspects in the court case will be the attitude of the
caseworker and whether or not the parents have a good attorney, whose
fee they are paying themselves. Under
such circumstances, should you plead innocent or guilty? (1)
If you plead innocent, and refuse to admit being abusive parents,you
will be considered to be in denial (a handy psychological label to
help the department avoid the truth; in reality, it is the department
which is lying to itself). When
you are found guilty, which is what the court decision generally will
be, you are likely to be required by the court to undergo
psychological therapy to overcome your tendency to abuse your
children. As
long as you continue to maintain your innocence, your therapy will
be considered unsuccessful,and your children will not be
returned to you. This is thought important, since the underlying
objective is not the welfare of the children, but the defense of the
department. You are offered your children back, if you will admit guilt.
That is how it works. (2)
If you plead guilty, you are probably doing so in the hope of
getting your children back sooner. What will happen next? First,
you will be officially designated as abusive, and will probably be
assigned to a period of psychotherapy to straighten you out and reorient
your thinking. One
parent may be induced to plead guilty, under the threat that, otherwise,
the spouse will be charged and indicted. However,
with admission of guilt by either party, there is the possibility that
they may be arrested and charged in a criminal court. The seriousness of
the charge is a factor to be kept in mind. Sometimes
the children will be returned to the home, pending the parents
compliance with the departments orders. But most of the time, the
children will be kept in a foster home for an undetermined time. The
parents may or may not be permitted to visit their children. The
evaluation of the caseworker will decide that, supposedly on the
basis of whether the parents are cooperating with the efforts of the
department to correct their abusive behavior? Once
a file is opened on this family, it can continue for weeks and months.
Even if only one of several children in the family are involved, that
file will remain open until the last child turns eighteen. 3
- HOW TO PROTECT YOURSELF IN ADVANCE 1
- Consider moving to a secluded rural location, not too close to other
homes. In view of all that is taking place in our world today, that is
excellent advice! 2
- It may be best to home school your children. Many of the charges
against parents originate at the local public school, when some childish
comment is notedand then reported by a teacher, counselor, or school
official to the authorities. Private
schools may or may not be safe, either. The church schools and academies
of the denomination, of which the present writer is a member, has
sometimes gone out of its way to be more strictly subservient to the
wishes of government than even the public schools! This attitude of
servile dependency is shown in an overconcern for vaccinations, when
even the public schools will accept waivers based on personal and
religious convictions. In
reality, the responsibility for educating the child does not lie with
the government; it is the responsibility of the parents. We cannot
expect the government to provide the instruction needed to prepare for
Christian living, good citizenship, missionary work, and preparation for
the life to come. In the public schools are to be found ungodly
associates and wrong teachings. The Word of God is forbidden there.
Children are interrogated and then reported to health and social
services agencies. The dangers keep increasing. Christian
schools may or may not be the answer. You, as parents, must be very
carefully and very watchful. The associates in Christian schools are
sometimes not the best. There may be problems with the instruction. The
best solution is to educate your children at home. There are a variety
of educational materials you can use for this purpose. None can know
when home schooling may be stopped, so make use of it while you have it. 3
- Maintain family worship. Fill the minds of your children with the Word
of God. You can never know when they, like Moses and Joseph, may be
taken from you. Jochebed knew that Moses was going to be taken, and she
did all in her power to train him to be a loyal, obedient servant of
God. With the prayerful help of God, how well she succeeded! 4
- If one of your children injures himself, but does not require medical
attention,do not send him to school until the marks or bruises
subside. During that time, only let trusted friends see the child. If
a child-care professional (a teacher, a worker at a child-care center, etc.) becomes suspicious,
the child will be interrogated without the parents being present. If he
is young, he may become frightened and say erroneous things which could
greatly damage the safety of the children and the parents. He
may be asked, How did you get that bruise? His answer, I
dont know, may evoke a response which causes him to fabricate a
different reply when asked again a moment later. And on it goes.
Children try to say that which will please pressuring adults. If his
answer still does not indict his parents, he may be asked the question
again and again until he says something which does. If,
under the pressure of the interrogation and in an attempt to stop it,
the child changes his story, the pressure will increase. If the child
changes his story again,that will be considered proof that
something is up! It is considered a sure sign of abuse. Sound
dangerous? It is. Whether
true or false, what if the child answers, My mommy did it! The
mother will not learn of the charge until she appears in court to answer
the chargeunless the caseworker happens to tell her ahead of time. 4
- WHAT YOU SHOULD DO WHEN THEY COME The
following information could be worth a lot to you and your friends in
coming years. The time may come when the authorities may suddenly come
for one or more of your children. You
should keep this two-part information sheet on file and write us for
copies to send to your friends. Here
are several factors: 1
- It is crucial that you try to be pleasant, self-possessed, calm, and
in command of the situation. 2
- Generally, the holocaust will begin when a caseworker comes to your
home and informs you that reports have been received of allegations of
abuse. Do not expect to be told who stated the allegations, and there is
a good possibility that, prior to the hearing, you may not even be told
what the allegations are. (If
the allegations are extreme enough, the caseworker will be accompanied
by a sheriffs deputy, and will try to force their way inin order
to seize your child or children, but this is less likely.) 3
- They may already have picked up your children, but, if your child is
at home when the doorbell rings, maintain an atmosphere of pleasantness,
but do not allow the caseworker to enter the home, without a warrant and
a police officer being present. 4
- Keep all your children home from that point onward. Otherwise, your
children may be picked up at school, or in transit, by the authorities. 5
- Immediately call an attorney to represent you. (You may also be able
to locate a specializing attorney; more on this below.) It is imperative
that you select one who is sympathetic to parents and those who hold
Christian beliefs. 6
- Explain to the caseworker that you will not speak to him, except in
the presence of your attorney,and henceforth do not speak to him,
except in the presence of your attorney. The
problem here is that, after each conversation (interview), the
caseworker prepares a written report based on his opinion of your words,
your attitude, etc. In the caseworkers notes, which is placed
permanently in your case file, your words, beliefs, and attitude may be
twisted and later used against you. You
should not only have your attorney present at each conversation, but you
would do well to purchase a good AC/battery tape recorder, so you can
make cassette copies as well. 7
- In each interview with the caseworker, do not let him badger or upset
you. Keep prayerfully calm. Do
not say anything that will show you are upset with the caseworker or
what he is trying to do. (Sounds impossible to do, doesnt it? This
person, standing in front of you, comes with a lying report and is
trying to take your children away from you!) The
caseworker is supposedly there to help you and your children, and
you must appear to be appreciative of his efforts to give you that help.
The worse your attitude, the worse it will go against you later. Between
interviews, plead with God for enabling strength to keep going, and to
protect your children. 8
- When the caseworker first appeared at your door, you found it
necessary to obtain a local attorney fast. But, in addition or
instead, try to find an attorney who specializes in child custody cases,
who practices before Juvenile Justice Court, and, hopefully, who is a
Christian. Keep
in mind that many attorneys are not trained to deal in child custody
cases and appear before a Juvenile Justice Court. One
organization which we would recommend is the Rutherford Institute.
It is a Christian, non-profit legal-aid organization, and handles
religious liberty and child custody cases for Christians. For legal help
or seminar information, call 804-978-3888. 9
- In addition to contacting an attorney, there are other people you need
to contact as soon as possible: First,
call all those people whom you think the department is likely to
interview, in order to obtain hearsay and opinions against you. Get
to them before the caseworker does! Warn them about what the social
services department is trying to do. Get
written statements from them, favoring you and your care for your
children. Second,
contact trusted child-care professionals, and get written statements
from them; statements which will confirm your integrity and care for
your children. This would include family physicians, registered nurses,
and any other professionals from which you can obtain written
statements. Third,
contact other friends and ask them to prepare written statements and, if
possible, come and vouch for your integrity at the hearing. Written
statements will be important. They are tangible and solid; while those
who say they will testify, at the hearing, in your behalf may not be
able to do so sometimes because the hearing date has been changed. 10
- At the hearing, continue to be pleasant and calm, in spite of these
wrongful efforts to split your home and take your children. You should
expect that the caseworker will, to defend his position, portray you in
the worst possible manner. He will try to omit those items which are
favorable to you, and emphasize hearsay and opinions negative to you.
Strangely enough, it is the rumors and unfounded opinions which become
seized upon as a type of legal evidence in these child custody
hearings. 11
- Arrange, in advance, for your attorney to challenge every allegation
against you. He should make the caseworker prove every such
statement,and show it is not merely based on suspicion, rumor, or
hearsay. 5
- WHAT IF THE COURT RULES AGAINST YOU? What
should you do if the judge rules against you? You will have to
prayerfully consider what you will do,in fact, you do best to have
decided that before the date of the hearing! Here
are some thoughts: If
the judge rules in favor of the social services department, he will
probably decree that you should receive counseling for a period of time,
and that, when it is completed, you can have your child or children back
again. In most instances, you do best to accept the judges decision
and take that counseling. Remember that he has issued a court decree
which would be difficult to overturn. But
what if the judge should rule that your child/children are to be
permanently taken from you; what then? Several factors would govern
here: Who
would the children be with? Sometimes it is a nice grandmother, but
oftentimes it is some family off the street which had earlier applied to
provide foster care for the state. Will
you have visitation rights? Obviously,
all of this is very serious. Only prayer can help you pass through it. If
you have been careful to appear pleasant, courteous, and calm throughout
the ordeal, you are more likely to receive your child or children back
within a few months. Of
course, the nature of the initial charge will have an important bearing
on this. Were you accused of spanking your child in public? or were you
falsely-accused of threatening to attack him with a knife?
Another
aspect will be the principles you have earlier instilled in your child.
Some children are unruly and rebellious, and quite willing to turn
against their parents. Which brings us to the next section: 6
- PAREPARING AHEAD OF TIME 1 - While
you have the opportunity, lead your children to Christ and a personal
relationship with Him. Teach them the importance of obeying the laws of
God by faith in Jesus. Instill in them the importance of integrity. 2
- Have a thoroughgoing prayer life. Maintain regular family worships.
Let your home be a little Bethel, where you regularly worship God
together. The times in which we live are too serious for anything less
than this. 3
- Do what you can to keep them from becoming worldly. You will be
helping them in this life and for the next, and you will be helping
yourself. Television, with its movies and other assorted junk is enough
to ruin any mind. Why let it remain in your home? Be cautious about
music, playmates, schools, the radio, magazines, and other things. Do
not let the world corrupt your children. Some parents actually invite
the worldly corruption in! They do it by purchasing a television set and
bringing it into the home. 4
- Like Waldensian parents of earlier centuries, also teach them to be
cautious and, in the presence of those outside the home, to be very
careful what they say. Instruct your children never to discuss family
matters with anyone else, unless you are present. To any prodding, they
should only respond, I want my Daddy or Mommy. 5
- Never let your children come under the influence of any child-care
professional, without yourself being present. Keep in mind that all such
professionals, including public school teachers, are required, by law,
to report anything unusual to the authorities. They are required to do
this, regardless of whether they suspect abuse. They can be penalized
with prosecution and fines if they do not do so. America
is becoming a dangerous place in which to live. A place of fear. And
many of the problems discussed in this article apply equally well to
Canada, Australia, and the nations of Europe. 6
- Plan ahead: Find an attorney now who would be able to represent you in
Juvenile Court, if you ever needed his help. This should be an attorney
who would be on immediate call. You may wish to save up some money in
advance for such a crisis. If not neededand we surely hope it is
not,you could later use the money to help your children get through
college or technical school. 7
- Plan in advance which professionals you would call upon to help you
make your defense in court, as previously mentioned. Most anyone with
advanced degrees would be a help, but those who work with children, in
any capacity, would be the best. 8
- Consider ahead of time who you could entrust your children with, in a
time of crisis. The court may allow friends or relatives to care for the
children during the ordeal. (You will not be charged for the childs
foster care, if the providers do not receive payment from the state.) GOING
THROUGH DIFFERENT COURTS If
you were to retain an attorney who is experienced at working in the
federal courts, and who knew how to do it, there is a method which has
been used but rarely, yet with success. A
petition would have to be filed in the Federal District Court, stating
that you and your children have been deprived of the constitutional
right to life, liberty, property, and the pursuit of happiness without
due process. If
the district judge were to rule in your favor, the case would
immediately be over, and social services would have to return your
children. If
the district court ruled against you, your attorney could make an appeal
to the Federal Appellate Court. Should that court decide in your favor,
it would affect many social service departments, and they would have to
change the way they did their work. That would be a very useful
precedent which would help many other hapless victims of social
services. An appellate court decision sets a precedent, which others
could later use to win more freedom from the tyranny of certain
government agencies. To
date, such a case has not yet reached an appellate court. A loss for all
U.S. social services would be great at that level. But
even a win for them, at that level, would provide an opportunity to
carry the matter on up to the U.S. Supreme Court. A loss there, could
mean a gain of several important protections for families throughout the
nation. |