Michigan Dhs, Cps & Foster Care / Violation of Constitutional & Civil Rights, kidnapping
CPS accepts anonymous complaints, illegally violates parent's and children's civil and constitutional rights. They also assume the parent and child are lying during the illegally held interviews. They also claim that the material gathered from these interviews can be turned over to law enforcement to pursue criminal charges against the parent, but claim they do not have to read Miranda Rights to the parents.
I am concerned that CPS feels justified in trumping federal laws during investigations. Parents and children are told that if they refuse to conduct the interview that CPS can take custody to force the interview. CPS also assumes that the parents and children are lying, so they can take "emergency" custody without a court order or evidence to prove the accusations are true!
CPS and the courts do not consider the emotional trauma inflicted on the parents and children when taking children away from the parents; children's emotional well being especially! Mandatory reporters can hide behind the mandatory standing and can make falsified accusations and know they are protected from prosecution. Even if the complaints turn out to be untrue, CPS has no desire to investigate as to why the accusation was made.
CPS even uses previous unsubstantiated complaints as evidence of neglect, even if the investigators believe the complaints to have zero merit. CPS also allows an investigator to sit alone with a child even if the investigator is a middle aged male and the child is a teenage girl. This violates federal sexual harassment laws, but is allowed under state law. This also allows CPS to make claim of statements by the child even if the child never made them, or allows CPS to withhold any statements the child does make from their report.
What can be done when CPS removes a child, but tells you & the court they had no evidence? During a 13 day custody the CPS worker, foster care worker & foster parent all lied to & threatened the child. They also made the child go 17 hours without insulin because they had to follow protocol & knew the child was in danger. Complaints to Lansing went unanswered except to tell the parent several appalling comments- "When CPS shows up the child & parent have no civil or constitutional rights." "We would rather destroy the emotional well being of one child to protect a few." "You should be happy we took your child because that shows how much we care about children." After 13 days the judge ruled CPS had no probable cause & returned my child. Due to current laws CPS can remove a child without evidence or probable cause. They are also allowed to provide false statements, twist the child's & parents words, & make unprovable statements about the parent.
I was told that CPS did a "thorough" investigation into my complaint, but at no time interviewed my daughter or me. All they had to go on were their own files & records. They do not answer to anyone, except themselves in complaints. Even the Office of Children's Ombudsman has never found CPS to be guilty of CPS protocol. Even perjury, threats, knowingly providing inaccurate statements & withholding life saving medications are not in violation of protocol.
December 7, 2007
Diabetic daughter contracts strep throat. This puts her into ketoacidosis. She ends up in Hurley Hospital in Flint. She has memory loss. During this period she is interrogated by hospital staff & a psychologist. They determine a traumatic experience caused the memory loss. An endocrinologist determines the DKA caused memory loss.
December 10, 2007
CPS is called stating this is not my daughter & that she is a kidnap victim. The endocrinologist has her file disproving this, but is not consulted by the hospital staff or CPS. My daughter is untrusting of the CPS worker & tells her so. CPS determines there is no case, but calls my daughter a psychotic ### in front of hospital staff.
My complaints all the way up to Lansing are ignored. Maybe my daughter made the CPS worker mad; causing the comment is what was determined by Lansing.
December 11, 2007
Went to Mott Clinic for the follow up visit after the hospital.
An off duty police officer calls dispatch stating her sister Pam who works at Hurley called to say a father was at the Children's Clinic with his daughter, but this was not his daughter. When dispatch asked for my name, the officer didn't know my name because I was using an alias, but didn't know the alias, either. But without knowing my name, she knew there was an out of state warrant for me for kidnapping & molestation.
CPS was also told that my name on my ID was misspelled. Not sure how a hospital employee can tell if the state misspelled your name on your ID and you failed to notice it!
Was held in a room at the clinic for 4 hours till the police were assured that there were no current or any warrants ever for me.
The Flint IA cleared all officers of wrongdoing, but reorganized the department shortly thereafter for improprieties.
October 8, 2008
CPS showed up to my job saying I was living in my van, which was not true. They had searched a van behind the restaurant prior to entering the restaurant, without a warrant. Turned out my van was parked 1/2 mile away in the employee lot.
Was told to bring my daughter in the next day for an interview. I was forced to sign release of information forms. When I tried to refuse, exercising my rights, I was told that was ok, but my daughter would not be leaving with me. No investigation
May 23, 2009
I was offered a job in Ohio working weekends until June. Instead of pulling my daughter out of school, I had her stay with a couple while I was out of town. My daughter told a couple of her friends that it would be more fun to stay with them rather than our friends. A school counselor was told by a student that my daughter told everyone that I abandoned her & left her homeless. The principal had all the info regarding contacts for me in Ohio & the friend's name & number locally, but tells the counselor to call CPS.
CPS showed up to the school. My daughter was told to go straight to our house after school. She told CPS that she may not even have her key on her as she was not staying there while I was out of town. CPS & the police threatened her if she tried to go to the friend's house they would have to take her. Luckily she had the key. CPS called me from my house & said they needed my permission to inspect the house. I told them to wait till I got back Monday night. They said that would be fine, but my daughter would not be there. I reluctantly allowed them to do this. After my daughter refused to talk to CPS until I was back in town, the CPS worker stood in my front yard & yelled at my daughter "You ain't no ghetto girl! So don't be actin' like you a ghetto girl! Cause you ain't no ghetto girl!" I was called back & told everything looked good & nobody would bother me & I was to go to their office Tuesday to interview & nobody would bother us over the weekend.
May 24, 2009
while our friends were at work, my daughter & her friends went to our house to make lunch & watch movies. There was a knock at the door. My daughter looked through the peep hole & did not recognize the man, so did not answer the door. Next, she heard the man try to open the door. They grabbed knives out of the kitchen drawer. Next, they heard him trying to open the windows & other doors. The hid & saw him peeking in the kitchen window. He proceeded to walk around the entire house & even tried the windows & doors in the other apartment of the duplex.
May 27, 2009
Went to CPS office & did the interview. CPS said they saw no case here. No investigation.
I decided to home school my daughter & followed Ohio law in notifying the local superintendent. He said ok. 6 weeks later CPS & truancy showed up to investigate a claim that my daughter was not being educated anywhere. Turns out, the local administrator was not the contact, but the count superintendent. He failed to tell me that I had to call the county & admitted to CPS & the police that I had contacted him & he was aware she was being home schooled, but said it was not his place to tell me that he was not the contact for home school locally. No investigation.
February 25, 2010
my daughter became ill & was taken to the hospital in DKA. Since we were living on an island, the hospital decided to keep her for a few extra days, as a big snow storm was coming in. The only way on & off the island in the winter is by plane.
March 4, 2010
I received a phone call from CPS that a complaint had been made over a week prior, but did not respond immediately. Even the local police were supposed to follow up the next few days after the complaint, but did not. They saw my daughter & me out for our walk on March 5 & said hi. They reported no concerns. It turns out the school counselor had called in the complaint & made outlandish statements- Home schooling, distrust of the educational system, diabetes out of control. The doctors at the hospital & my daughter's primary doctor both called CPS saying this counselor on many occasions tried to tell them how to do their jobs & had called in complaints when children followed the doctor's policies. The counselor ended up retiring at the end of the school year. No investigation.
the restaurant I was working at in Ohio closed earlier than expected for the season. We decided to return to Michigan for the winter rather than stay in Ohio. Maybe to Michigan permanently. I had several restaurant interviews lined up in Detroit, Redford, Canton, Ypsilanti & Ann Arbor. Since Canton was the central location, we stopped there to use as our base till I found a job. We located a motel that also had apartments. We ended up in a 3 bedroom that rented by the week or month. Instead of sitting in the apartment or in the van while I interviewed, my daughter went to visit a friend near Saginaw. She again became ill & wound up in DKA.
My teenage daughter was visiting her friend for a week or so. She started to complain of a sore throat. Also her insulin cartridge cracked, rendering the insulin useless. I called her doctor to have an emergency cartridge provided, but on the way to the pharmacy she became disoriented and was taken to the hospital in DKA (diabetic ketoacidosis). While in this state she told the ER staff that she had not taken insulin in over a week, didn't know what day it was and that her doctor had told her to stop taking her insulin. While in ketoacidosis, the statements can not be taken seriously. However, the ER staff ignored the last two statements and called CPS to make a complaint. An endocrinologist would confirm that statements in ketoacidosis can not be taken at face value and that a Type I diabetic can not live a week without insulin. The hospital staff refused to do a test for a cold or strep throat, which could very well be the reason the wound up in the hospital to begin with. CPS did not bother to confirm these facts. They also threatened to take immediate custody if my daughter and I chose to exercise 4th and 14th amendment rights and refuse to talk to them without a court order or an impartial witness on my daughter's behalf. My daughter stated that the negligence did not exist, but CPS chose not to provide this statement to the court and also claimed that my daughter lied to protect me, even though CPS had no evidence to that fact. Two days later CPS showed up without a court order and two local police officers in tow to take custody.
CPS also told me that a motel is not an acceptable place to get my daughter back. It was a 3 bedroom apartment in a motel complex that had 8 other apartments. CPS also hoses homeless families in motels.
After 13 days the judge ruled that there was no probable cause and returned my daughter home. I am concerned that if there was no probable cause, why she was taken in the first place.
I filed a complaint with CPS Central Intake at least once a month about the abuses by CPS, the foster care system & the foster home. All were ignored until now & the only complaint that was forwarded on was the foster home.
January 6, 2013
While my daughter was recovering from an auto accident, CPS showed up & said a new complaint had been called in, but repeated word for word the same complaint in September, but the complaint had been changed to molestation. The CPS worker decided not to conduct an investigation.
January 7, 2013
I received a call from Wayne County CPS that said we were living in a motel in Canton & her diabetes was out of control. No investigation. In fact an ex-friend of my daughter is bragging that she called in this report & if my daughter is anywhere near Frankenmuth she will call again, but CPS is not at liberty to have her investigated for a falsified report because they have to protect this person & the integrity of the "anonymous" calling in of reports. CPS would rather protect a falsified complaint & destroy the life & reputation of a good family!
April 29, 2013
CPS called to say that they are investigating the foster home & needs my daughter's statement. My daughter refuses any contact with CPS. I was told that she has to cooperate. Some people are saying if she refuses, CPS can put her in foster care until she agrees; others say they can't remove her. Either way, we are both scared at what CPS can & will do if my daughter doesn't want to talk to them or even if she does talk to them.
CPS also claims to have conducted a thorough investigation, but never interviewed my daughter or me; but only looked over their own files to investigate themselves! They found themselves not to have done anything wrong!
Procurement of an order to seize a child through distortion, misrepresentation, and/or omission in court and is a violation of the fourth amendment. ( Malik v. Arapahoe Cty. Dept. of Social Services. (10th Cir. 1991)
State and Federal laws state “every effort must be made to keep the child in the home (RCW 74.14A.020., RCW 26.44.063, RCW 13.34.060, Finding — 1999 c 17: “The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development.