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An Important Win for Fathers, Children in Nebraska Supreme Court
An Important Win for Fathers, Children in Nebraska Supreme Court
http://www.bloggernews.net/116039 Posted on June 4th, 2008 by Glenn Sacks in Nebraska News Read 224 times. We’ve often discussed anti-father bias in Child Protective Services cases. Fathers are frequently marginalized and deprived of custody of their children when their wives/ex-wives/ex-girlfriends abuse their children. This terrible Nebraska case detailed below is another example. In the case, a mother abused her daughter and child protective services took the girl. There were no accusations of abuse against the father. Nevertheless, they deceived and manipulated the father into relinquishing custody of his daughter. The girl was left fatherless — can anyone guess what’s going to happen to her? Surprise, surprise — without her father, the girl’s life, in the words of the Nebraska Supreme Court, “spun out of control.” She lived the life that so many fatherless girls live — doing drugs, running away from home, getting pregnant at a young age, etc. Justice in these types of cases is rarely done. In this one, justice came, but it came too late. An important finding for fathers The Nebraska Supreme Court said the girl had been “deprived of her right to a relationship with her father.” One attorney noted: “The ruling reinforces the principle that children have a right to a relationship with their parents, as well as parents having rights to their children.” In other words, the Nebraska Supreme Court has agreed with the central argument we put forward — absent parental unfitness, children have a right to a relationship with both their parents. The story is below–thanks to Les Veskrna, MD, Executive Director of the Children’s Rights Council of Nebraska, for sending it. Court says state erred in family meddling BY MARTHA STODDARD Omaha World Herald, 5/24/08 LINCOLN — A child welfare worker who wrongfully talked a Kimball, Neb., man into giving up his daughter for adoption must pay damages to the girl, the Nebraska Supreme Court ruled Friday. The high court agreed with the Kimball County District Court that Kelly Case, a caseworker for the Nebraska Department of Health and Human Services, deprived the girl of her right to a relationship with her father without due process. As a result, the high court said, the girl’s life “spun out of control.” The girl, identified only as Amanda C., began doing drugs, ran away from her grandparents’ home, gave birth to a child out of wedlock and struggled financially. “The evidence shows that the relinquishment that Case wrongfully orchestrated was a substantial factor in Amanda’s downward social spiral,” the Supreme Court said. The high court upheld an award of $150,000 in damages and $64,697 in legal and other costs to Amanda. Case was defended in the matter by the Attorney General’s Office and an HHS attorney. The state likely will pay the award. The ruling reinforces the principle that children have a right to a relationship with their parents, as well as parents having rights to their children, said Monte Neilan of Scottsbluff, Amanda’s attorney. He said the case would help other families who are involved with the child welfare system, because it says state employees cannot simply take people’s children and refuse to be accountable for their actions. “It shows that the law has some teeth,” Neilan said. “It’s a case that I would anticipate would be cited for years to come”… Amanda’s father, Gary Richmond, filed the lawsuit on her behalf in 2004. Richmond had settled a similar case with the state worker less than a year earlier, a lawsuit regarding his relinquishment of parental rights. In that suit, a jury found that Case abused her authority as a state employee by engaging in the unauthorized practice of law. Trial evidence showed that she repeatedly told Richmond he could still visit his daughter if he willingly gave up his parental rights but that he risked losing visitation if a court terminated his rights. Case appealed the jury verdict but agreed to settle before the appeal was heard. In the settlement, she agreed to pay $130,000, including $40,991 in damages. Neilan said the state paid the award for Case. According to Friday’s ruling, Case was assigned to Amanda five years after the state took her from her parents. The girl had been removed at about age 5 because of alleged abuse by her mother. There were no allegations against her father. Yet three years later, the Kimball County attorney filed a petition to terminate Richmond’s parental rights. Richmond signed the relinquishment papers in 1998. He filed his suit in 1999. Neilan said Richmond and Amanda reconnected following the settlement in Richmond’s case and were able to spend time together. He also said Amanda has straightened her life around and has a steady job and a car. But she lost her father for good last year. Richmond, who suffered from heart problems, died at age 62 in October. Glenn Sacks, www.GlennSacks.com An Inconvenient Truth about Child Protective Services, Foster care, and the Child Protection "INDUSTRY" Child Protective Services Does not protect children... It is sickening how many children are subject to abuse, neglect and even killed at the hands of CPS. every parent should read the free handbook from connecticut dcf watch... http://www.connecticutdcfwatch.com Number of Cases per 100,000 children in the US These numbers come from The National Center on Child Abuse and Neglect in Washington. (NCCAN) Recent numbers have increased significantly for CPS Perpetrators of Maltreatment Physical Abuse CPS/Foster care 160, biological Parents 59 Sexual Abuse CPS/Foster care 112, biological Parents 13 Neglect CPS/Foster care 410, biological Parents 241 Medical Neglect CPS/Foster care 14 biological Parents 12 Fatalities CPS/Foster care 6.4, biological Parents 1.5 Imagine that, 6.4 children die at the hands of the very agencies that are supposed to protect them and only 1.5 at the hands of parents per 100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse and kills more children then parents in the United States. If the citizens of this country hold CPS to the same standards that they hold parents too. No judge should ever put another child in the hands of ANY government agency because CPS nationwide is guilty of more harm and death than any human being combined. CPS nationwide is guilty of more human rights violations and deaths of children then the homes from which they were removed. When are the judges going to wake up and see that they are sending children to their death and a life of abuse when children are removed from safe homes based on the mere opinion of a bunch of social workers. THIS IS AMERICA'S HIDDEN HOLOCAUST Currently Child Protective Services violates more constitutionally guaranteed liberties & civil rights on a daily basis then all other agencies combined, Including the National Security agency/Central intelligence agency wiretaping programs… THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES BY: Nancy Schaefer Senator, 50th District of Georgia http://www.senatornancyschaefer.com/...s.php?filter=6 This is Child Protection? By Gregory A. Hession, J.D. http://www.jbs.org/node/4632 Mercenary Motherhood: "Memoirs of a Babystealer." http://www.latimes.com/news/opinion/...nion-rightrail FOSTER CARE IS A 80 PERCENT FAILU. A Brief Analysis of the Casey Family Programs. Northwest Foster Care Alumni Study. By Richard Wexler http://www.nccpr.org/reports/cfpanalysis.doc HOW THE WAR AGAINST CHILD ABUSE BECAME A WAR AGAINST CHILDREN http://www.nccpr.org/issues/1.html Adoption Bonuses: The Money Behind the Madness DSS and affiliates rewarded for breaking up families By Nev Moore Massachusetts News http://www.massnews.com/past_issues/...May/mayds4.htm A recent study has found that 12-18 months after leaving foster ca 30% of the nation’s homeless are former foster children. 27% of the males and 10% of the females had been incarcerated 33% were receiving public assistance 37% had not finished high school 2% receive a college degree 50% were unemployed Children in foster care are three to six times more likely than children not in care to have emotional, behavioral and developmental problems, including conduct disorders, depression, difficulties in school and impaired social relationships. Some experts estimate that about 30% of the children in care have marked or severe emotional problems. Various studies have indicated that children and young people in foster care tend to have limited education and job skills, perform poorly in school compared to children who are not in foster care, lag behind in their education by at least one year, and have lower educational attainment than the general population. *Casey Family Programs National Center for Resource Family Support 80 percent of prison inmates have been through the foster care system. The highest ranking federal official in charge of foster care, Wade Horn of the Department of Health and Human Services, is a former child psychologist who says the foster care system is a giant mess and should just be blown up. http://abcnews.go.com/print?id=2017991 Four rigorous studies have found that at least 30 percent of America’s foster children could be home right now if their parents had decent housing. This study found thousands of children already in foster care who would have done better had child protection agencies not taken them away in the first place. Front-page story in USA Today. http://www.usatoday.com/news/nation/...m?csp=34#Close Read the studies online. Casey "alumni" study: "Improving Family Foster Ca Findings from the Northwest Foster Care Alumni Study," http://www.casey.org/Resources/Publi...lumniStudy.htm MIT study: "Child Protection and Child Outcomes: Measuring the Effects of Foster Care," http://www.mit.edu/~jjdoyle/doyle_fo...arch07_aer.pdf Texas comptroller's "Forgotten Children" reports: www.window.state.tx.us/forgottenchildren The bottom line? - Child Protective Services and the Foster Care system for the most part turns out young adults that are nothing more than walking wreckage... CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAMS.... CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON... BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION... |
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