Specific policies we advocate for:
*Children should not be removed from homes until the parents have had an opportunity to respond to the complaints against them.
*Since the most abusive homes are broken homes, foster homes and group homes, children should be removed from families only when families provide a level of care worse than foster homes.
*Childrens Aid workers should stop omitting facts favorable to families in court filings.
*Childrens Aid should abide by it's agreements with parents.
*Diagnosis by "Child Abuse" doctor should not be allowed as they are predisposed to diagnose abuse and not to consider other pediatric conditions and diseases
*Penalties/Repercussions for false, overzealous over reporting by doctors, teachers, etc.
*Child suspected for abuse should only be seen by ER doctors certified in trauma training
*Require an abuse diagnosis from two ER doctors - doctors are normally more careful in their evaluations when working with peers
*Child Abuse nurses should not be able to make diagnosis of abuse or examine your child. Examinations and diagnosis should only be made by trained medical doctors.
*Doctors should not be afraid of the CAS. Currently, most doctors are inclined to report the slightest injuries just to cover themselves. Doctors should be able to stand by their medical judgment without any thought of fear from CAS.
*If a doctor blatantly misses a medical condition and wrongfully assumes abuse, the family should have the right to sue for malpractice.
Children's Aid Societies (Proposed Changes)
*Cannot remove children with little or no evidence
*Cannot place both parents on the petition if only one is suspected
*Not be aloud to use Blackmailing techniques (i.e. If you'll just admit, you'll get your baby back)
*Required to complete psych testing to rule out the possibilities of anyone else having been abused in their own personal lives
*Reunification is ALWAYS the top goal - no time limit should be placed for quantifying for this
*If one child has injuries, but the other children do not, CAS cannot remove all children
*Parental rights cannot be terminated unless found guilty at family court/criminal trial
*CAS cases must be dismissed and children returned if acquitted at criminal trial level
*Parent's names removed from Child Abuse Registry when case is dismissed,
unsubstantiated or acquitted
*No Confidentiality/Gag order as this blatantly violates freedom of speech
*Federal funding should not be based on total number of accusations made
*Federal funding should not be based on total number of adoptions made
*There must be a Federal CAS Bill of Rights if it continues to be permissible for CAS to deny basic Constitutional rights
*Better alternatives for foster care - such as having daily CAS visits in your home
*Parents can schedule doctor appointments for their child
*In pregnancy of second child, parents should be allowed to decide placement with another family member
*If parental rights are terminated, adoption goes first to other family members
Foster Home Placement (proposed changes)
*Parents should be allowed to determine placement - child should go to other family members
*Daily visitation required and foster home must be flexible with parent's working
schedules
*CAS's budget should cover all foster fees providing an incentive to get the child out of foster placement
*Foster parents who have placement cannot adopt children. Knowing they can adopt causes the foster parents to be un objective and provides no motivation to work towards family reunification
*Parents have the right to change foster placement if the care is hazardous or unhealthy for their child
Court System (proposed changes)
*Burden of proof must be "Beyond a reasonable doubt" NOT "Clear and convincing" or "Preponderance"
*Timely Hearings - should all be within 30 days
*Timely Trials - should all be within 90 days
* Parents have access to ALL records: medical, police, CAS, court transcripts, etc.
*Advocacy/Higher Court for appeals
*Jury required for Juvenile trials
Guardian Ad Litem (proposed changes)
*Guardian ad litem (GAL) should be independent of CAS. It should be illegal for a GAL to strategize in closed, private meetings with CAS
*GAL incurs repercussions if he or she does not perform the duties as ordered by the court
*Required to complete psych testing to rule out anyone who were possibly abused in their own personal lives.
Police (proposed changes)
*Police are required to investigate to find real evidence. If no evidence is found, charges are not allowed and CAS case is dismissed
If criminal charges are dismissed, all criminal records and registered or listed information is immediately expunged
Recourse Options (proposed changes)
*Removal of all immunities which make it difficult for families to sue
*No financial cap limitations on law suits
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