Wednesday, March 31, 2010

Preserving family saves agency money

BUTLER COUNTY CHILDREN SERVICES
Perserving family saves agency money
For each dollar spent keeping troubled families together, county saves $4.36 in foster placement costs.


By Josh Sweigart

Staff Writer

Saturday, December 27, 2008

HAMILTON — For every dollar spent keeping troubled families together, Butler County Children Services saves $4.36 in foster placement costs, according to Children Services Director Michael Fox.

Tuesday, March 30, 2010

Kansas To Add Qui Tam Provisions?

The following is from Kansas Rep Mike Kiegerl who is the Chair of the Children's Issues Committee and what he sent to his constituents including his comments on foster care malfeasance. Kiegerl wrote the following:

"""KID'S ISSUES

I am frustrated that no meaningful legislation has been passed to
correct the mismanagement, malfeasance, and waste of money by SRS. My
committee has fully documented abuse and financial irregularities in
this agency. The interest by the Governor and legislative leadership
is not great enough to make the necessary changes this session. The
idea seems to be that a new Governor and a new Secretary will be in
office in January and then we will act. There are a couple of small
measures in the pipeline still, but certainly not what needs to be
done. We’ll go to bat next session."""

There is already legislation on the books in Kansas. Use it.

Monday, March 29, 2010

Baby LK Report March 28, 2010

Baby LK recaps the week in the child welfare industry.

Sunday, March 28, 2010

Media Silents Senator Schaeffer

CLARKESVILLE, Ga. - Former state Sen. Nancy Schaefer and her husband were found dead in their home in north Georgia and it is being investigating it as a possible murder-suicide, authorities said Friday.

Six GBI agents were at the home investigating at the request of the Habersham County Sheriff's department, GBI spokesman John Bankhead said.

The preliminary investigation is looking at the case as a murder-suicide, but he did not have further details.

Schaefer, 73, was a Republican who represented a north Georgia district for two terms. She was a prominent conservative known as a vocal opponent of abortion and same-sex marriage.

State Rep. Rick Austin announced Schaefer's death to a packed House chamber Friday night and led lawmakers in a moment of silence.

"Nancy Schaefer was a great lady, and she served Georgia and her constituents with honor and grace," Austin, a Republican from Demorest, said.

State Sen. Don Thomas told The Atlanta Journal-Constitution he knew the couple well and that he believed Bruce Schaefer was suffering from cancer.
Deaths of Former Ga. Lawmaker, Husband Probed as Murder-Suicide

AP

Former Georgia state Sen. Nancy Schaefer and her husband were found dead in their home in north Georgia and it is being investigating it as a possible murder-suicide.

"In those moments, you are not at your complete sanity," said Thomas, a physician and Republican from Dalton. "Some people figure the best way is to end it for both of you. They were married for so long. Loved each other so much. When you see somebody that you love so much, every now and then, you think the best way out of it is to go and be with the Lord."

Schaefer moved to Turnerville after more than three decades in Atlanta, where she was a former candidate for mayor. She was also GOP nominee for lieutenant governor in 1994.

In 1986, Schaefer founded a nonprofit foundation, Family Concerns Inc., which focused on opposition to abortion and the display of the Ten Commandments in public buildings.

What is even more of a tragedy, the media did not mention the work of what she was most popular for: exposing the fraud in child welfare.

Former Senator Schaefer was one of the first elected officials that was willing to take on the issue of fraud and the harms in child welfare, long before Children's Rights and long before the DHHS OIG began running audits on the states.

Unfortunately, her battle cries were drowned out with the apparent contradictions of her arguments.

In one voice, she would proclaim the sanctity of marriage is the only viable environment for children to be raised, then in the same breath she would aver against the existence of a certain group of humans (the LBGT community), yet in her second voice, she continued to challenge the legitimacy of the child welfare industry that supported and concurred with her first voices.

She will always be considered as a pioneer in the field of child policy and shall continue to be an international inspiration to those who aspire to master the discipline.

Friday, March 26, 2010

FBI investigating corruption in child welfare?

PUBLIC CORRUPTION
Why It’s Our #1 Criminal Priority...in every area except the child welfare industry.


03/26/10      Stop Child Welfare Fraud



Public Corruption

Public corruption is a breach of trust by federal, state, or local officials—often with the help of private sector accomplices. It’s also the FBI’s top criminal investigative priority. To explain why the Bureau takes public corruption so seriously and how we investigate, we talked with Special Agent Patrick Bohrer, assistant section chief of our Public Corruption/Civil Rights program at FBI Headquarters.
Question: Why is public corruption so high on the FBI’s list of investigative priorities?
Answer: Because of its impact. Corrupt public officials undermine our country’s national security, our overall safety, the public trust, and confidence in the U.S. government, wasting billions of dollars along the way. This corruption can tarnish virtually every aspect of society. For example, a border official might take a bribe, knowingly or unknowingly letting in a truck containing weapons of mass destruction. Or corrupt state legislators could cast deciding votes on a bill providing funding or other benefits to a company for the wrong reasons. Or at the local level, a building inspector might be paid to overlook some bad wiring, which could cause a deadly fire down the road.
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Q: Can you describe the kinds of public corruption that the FBI investigates?
A: It really runs the gamut. Bribery is the most common. But there’s also extortion, embezzlement, racketeering, kickbacks, and money laundering, as well as wire, mail, bank, and tax fraud. Right now, based on our intelligence on emerging trends, we are focused specifically on several major issues: corruption along our national borders; corrupt officials who take advantage of natural disasters or economic crises to divert some of the government’s aid into their own pockets; and a myriad of officials who may personally benefit from the economic stimulus funding.

Special Agent Patrick Bohrer, FBI Public Corruption/Civil Rights Section
Special Agent Patrick Bohrer
Q: Where do you find this corruption?
A:
Just about everywhere—at the federal, state, and local levels throughout the country. And I should point out, the vast majority of our country’s public officials are honest and work hard to improve the lives of the American people. But a small number make decisions for the wrong reasons—usually, to line their own pockets or those of friends and family. These people can be found—and have been found—in legislatures, courts, city halls, law enforcement departments, school and zoning boards, government agencies of all kinds (including those that regulate elections and transportation), and even companies that do business with government.
Q: How does the FBI investigate public corruption?
A: We’re in a unique position to investigate allegations of public corruption. Our lawful use of sophisticated investigative tools and methods—like undercover operations, court-authorized electronic surveillance, and informants—often gives us a front-row seat to witness the actual exchange of bribe money or a backroom handshake that seals an illegal deal…and enough evidence to send the culprits to prison. But we have plenty of help. We often work in conjunction with the inspector general offices from various federal agencies, as well as with our state and local partners. And we depend greatly on assistance from the public. So let me end by saying, if anyone out there has any information about potential wrongdoing by a public official, please submit a tip online or contact your local FBI field office. Your help really makes a difference.

Click the links and report child welfare fraud.

Handshake Public No Bid Contracts in New York

This is done all over the country and is done on a regular basis in the child welfare industry.

No bids, no bids, no bids.

Department Of Homeless Services Paid Out Millions Of Dollars On Handshake Deals
March 26, 2010
by New York RealEstateRama

Category: News || Homeless & Crisis Assistance | No Comments

NEW YORK, NY - March 25, 2010 - (RealEstateRama) — The Department of Homeless Services (DHS) paid out millions of dollars ($152.7 million in FY08) to non-contracted service providers based on an “honor system” of unwritten agreements, invented rates and duplicate clients lists, according to an audit initiated under former Comptroller William C. Thompson, Jr. and just completed by Comptroller John C. Liu.

“Who would go into business on an ‘honor system’?” Comptroller Liu said. “This current ‘honor system’ engaged between the agency andservice providers is simply bad business practice. The City of New York is getting the raw end of this deal: poor management and no accountability. How a city cares for its most vulnerable speaks volumes about its people, and we’re better than what we show ourselves to be today. Entering into contracts with all providers is the first step to ensure full delivery of services and the most bang for the City’s buck.”

Chief among the findings during the period of the audit:

* FAILURE TO CONTRACT - DHS failed to contract with all providers of shelter and social services and to properly process payments through the City’s Financial Management System (FMS) as mandated by the New York City Administrative Code and the City Charter. Instead, DHS operated using unwritten, “handshake agreements” and paid providers from an agency bank account. DHS made payments totaling $152.7 million to 107 non-contracted (of 154 total)service providers. In February 2008, DHS did not have contracts with more than 53 percent of its units that house homeless families.
* LACK OF INTERNAL CONTROLS AND MONITORING OF SERVICE PROVIDERS - DHS failed to monitor service providers to ensure accurate recording and reporting of client-lodging days. Instead, when calculating payments, DHS relied on an “honor system” and on unchecked client-lodging days logged and reported by the service provider. Theaudit found duplicate payments of $25,918 and unsupported payments of $23,866.
* UNJUSTIFIED PAYMENTS - DHS paid $953,635 to Tilden Hall Family Residence using duplicate lists of clients and service dates and invented rates as “data” to support and justify the payments. Rates vary widely between $810 and $4,836 per family per month.
* LACK OF SAFE AND SANITARY CONDITIONS - DHS failed to monitor service providers, leaving individuals and families in hazardous, unsanitary and substandard conditions wrought with open violations.
* PROVIDERS DID NOT TRANSITION CLIENTS TO PERMANENT HOUSING IN A TIMELY MANNER - 62 percent of clients at Pilgrim Icahn resided in transitional housing for more than the nine month average, costing DHS $4.3 million (one client remained for over six years, costing DHS $234,397). 22 percent of clients at Aladdin Hotel resided beyond the nine month average stay, costing DHS $1.4 million (one client remained for over four years, costing DHS $118,933).

“The City is cutting proven programs that help to prevent homelessness, while at the same time spending taxpayer dollars to shelter New Yorkers in unsafe, over-priced hotel rooms that do not effectively reduce homelessness,” said Public Advocate BILL DE BLASIO. “It is time to end this irresponsible practice and implement practical policies that will help prevent homelessness and move more people from shelter to stable, permanent housing.”

“As homelessness increases and New Yorkers struggle to make ends meet, it is now more important than ever to be watchful of agency performance and efficiency,” said Councilmember YDANIS RODRIGUEZ, member of the City Council General Welfare Committee. “There are disturbing inequities going on within DHS, and they must shape up if it is to provide real and valuable services to those who are being hit hardest by the recession.”

“Just because you’re homeless doesn’t mean you should live a life without dignity, said MARY BROSNAHAN, Executive Director of the Coalition for the Homeless. “Our most vulnerable neighbors need to be helped back on their feet and moved into permanent housing, not relegated to squalor.”

“These findings are disconcerting on many levels,” said JUDITH GOLDINER, Supervising Attorney, Law Reform Unit, Legal Aid Society. “DHS must provide livable, clean space for the City’s increasing homeless population. By failing to adequately monitor providers, DHS has shortchanged the city’s homeless, and taxpayers throughout the city. Such waste is unacceptable in any climate, and it is even more harmful during a time of economic strife.”
Previous audits and letters by the Comptroller’s Office in June 1998, October 2003, June 2007 and June 2008 had also cited DHS for its failure to contract formally with providers for shelter andsocial services.

The recommendations made by Comptroller Liu to DHS include:

* Enter into contracts with all providers of shelter and social services that delineate services to be provided, establish performance standards, and provide termination clauses and remedies.
* Immediately institute a sound and effective system of internal controls and monitor providers to ensure that they accurately record and report client-lodging days. These controls should include, but not be limited to, conducting random, periodic inspections of client sign-in logs.
* Pay providers only for shelter and social services and calculate provider payments based on accurate client-lodging data and mutually-agreed-upon daily rates.
* Conduct unannounced periodic site inspections and interviews with clients and staff.
* Work with providers that consistently fail to meet placement targets to improve their performance.

Comptroller Liu credited Deputy Comptroller for Audit H. Tina Kim and her team in the Bureau of Audit for presenting the findings and recommendations. The full March 2010 audit report is available at http://comptroller.nyc.gov/bureaus/audit/audits_2010/03-25-10_FK09-069A.shtm.

What You Will Not See In Child Abuse Prevention Month

April is National Child Abuse Prevention Month. Get ready for the propaganda to fly.

That's right, you will hear nothing about the abuses of children in care. You will not even hear about the flimsy excuses used to remove the children. Nothing will be said about the termination of parental rights that were based of fraudulently generated reports nor will you hear that a child was adopted out because a parent could not access medical resources.

You will see absolutely no statistics on the number of children who will attempt and who do commit suicide. You will hear nothing about the children who are reunited with the family to live a life of horror dealing with the post traumatic stress of being herded from on placement to another.

You will also not see any statistics on the children who age out the system and how they face a life of homelessness, prostitution and drug addiction. You also will not see any statistics on how many children in the foster care system are children of foster children as the state will remove a child from a ward of the state.

You will not hear about the sexual abuse and physical abuse in the residential institutions and juvenile facilities.

You will not hear how poverty is considered as abuse and neglect, which is why the numbers are so high in Michigan. I have found that there is just about a perfect statistical correlation with the monthly rates of unemployment and children entering foster care.

You well not see any information on Michigan Children's Institute (MCI) and the number of children harmed under the legal guardianship of the Superintendent of MCI who has no legal authority.

You will not see any dollar amount of fraud, waste and abuse nor will you see any reference to lawsuits, settlements, violation of settlements or Auditor General reports finding questionable and improper costs.

Any state failing to provide for the necessary needs of society is a perpetrator of child abuse. Poverty is not a crime.

The time has come to admit that there needs to be a change and do something about it.

Michigan Child Abuse Prevention Month Complete Toolkit 2010                                                            

Thursday, March 25, 2010

Tea Baggers and Coffee Grinders find common ground

Tea Baggers and Coffee Grinders find common ground.

I would like to introduce my new blog called, Tea Baggers and Coffee Grinders.

Both extreme political factions fail to stand up and admit, the child welfare industry, is riddled with fraud, waste and abuse.

Both Tea Baggers and Coffee Grinders refuse to do anything about it.

In my book, they are one in the same.

I created Tea Baggers and Coffee Grindersto challenge the veracity and legitimacy of the child abuse and neglect propaganda campaign that kicks off next month. 

Pay attention, not once will you hear of the abuse and neglect of children in the foster care system nor will you hear of the billions of dollars of fraud.  You will only hear it from an original source.

Wednesday, March 24, 2010

Truth Is Always Uncomfortable in Child Welfare

Abuse of 'baby-snatcher' social workers finds an outlet online

Social workers involved in sensitive child protection cases are being targeted as angry families vent their fury on blogs

Rachel Williams
The Guardian, Wednesday 24 March 2010


The hounding of social workers by the press for being "baby-snatchers" if they take children into care is a predictable story. But now such persecution has taken a new twist with online campaigns by families protesting about child protection intervention.

A proliferation of blogs and pages on social networking sites have sprung up. In one example, a Suffolk family claim they were forced to give up their child for adoption, with no evidence of abuse. They went to Spain before the birth of their second child, who is now in the care of Spanish foster carers acting on information from Suffolk social workers.

In some cases, the blogs make for uncomfortable reading. Social workers and managers are named and vilified, accusations are hurled at councils, and court injunctions banning the identification of the families and children are flouted...more

The truth is always uncomfortable.

The following is my comment:

I would like to thank Rachel Williams for demonstrating the lack of sophistication in the core of the egregious matters surrounding the child protective services industry, and that is the lack of accountability and transparency.

Interestingly enough, criticizing the United States Constitutional First Amendment Rights of free speech is the first indication that due process and equal treatment under the law is not instituted within the British child protection system.

The reason people have resorted to the internet to voice their situations is because they are not allowed to be heard under the child protection standards of the United Kingdom.

Interestingly enough, Ms. Williams makes vague references to powerful informational repositories such as Legally Kidnapped. She is absolutely correct to see how alarming the stories are being reported in the media of what goes on behind the scenes of child welfare.

Ms. Williams continues her tack of being correct when she makes the statement that social workers are being vilified online. The internet is not the proper jurisdiction to publicly try a case, but, unfortunately, it is the only opportunity a family has to cry for help as there is no oversight.

One assumption that must be immediately challenge is the comment that "these" online groups in the U.S. are presenting false information.

Madame Williams, I invite you and any of your colleagues to challenge my authority, if you can find any person qualified. We will do academic publications.

My position is that social workers are not bad people and do not come to a family with malfeasance or malicious intent, as this is what they were instructed to do through false educational theories and arcane policies of taking and not giving.

I call these theories and models false because the misdeeds and errors are never reported nor incorporated in overall statistics. This is why the online groups came into existence.

Give resources to the families to keep the children in place before situations lead to removals. Give the people the opportunity to speak.

What is there to fear?

I may not be able to speak upon the councils of the U.K. at this time, but whatever I publish on the U.S. child welfare industry, I present with finding of fact and conclusion of law, which is something you have failed to do in this article.

Beverly Tran
An Original Source

For daily global news on the child protection industry, visit Legally Kidnapped

Michigan Hides Investigative Reports

This was sent to me.

I am posting it because there are other people who are having issues with the lack of transparency and accountability in Michigan's child welfare industry.

It is the norm for the Bureau of Children and Adult Licensing (BCAL) to do an investigative report on a contracted and licensed child placing agency.

It is the norm to publish the investigative findings.

It is the norm to take down the investigative findings as soon as possible if violations were found to be substantiated.

It is also the norm when one does a FOIA to play hide-and-seek and never produce the reports.

Think of it this way: Would you hang your dirty laundry on a clothes line in your front yard?

I must recognize there there are truly dedicated investigators in BCAL, but even they are constrained by administration and a lack of resources to fully execute their responsibilities of compliance for these child placing agencies.

If some were to be contractually debarred and shut down, it would leave a county without any alternative option to provide for children who really need care because the state functions on a policy of approving no-bid contracts, violating the terms of federal funding agreements and abusing the federal-state relationship.

I do not have all the details on the situation with AAI, yet, but something reminds me of a dear friend of mine.

We are trying to get the word out that AAI (Adoption Associates, Inc.) is still imposing fee increases for 2010, that there are several dissatisfied waiting parents (a friend just filed a grievance against AAI due to being passed over when promised their match would be processed chronologically), and that other frustrated/disgusted parents should post their comments and contact us via:

http://adoptionassociatescomplaints.blogspot.com/2010/03/adoption-associates-inc-complaints.html.

And, apparently AAI continues to retain Varnum Riddering into pressuring DHS/BCAL into restricting public access to all investigative reports into AAI.

We would like all Michigan parents experiencing/who have experienced problems with AAI to send an e-mail to: imc49504@yahoo.com.

Thanks for any suggestions/help you can provide.

Tuesday, March 23, 2010

Baby LK's Top 10 Lawsuits

Baby LK shares his top 10 list of favorite Child Welfare Industry lawsuits.



Oh, that Baby LK!

And here is the complete bibliography of all the articles used in the making of this video.

Number 10

* Jacksonville girl wins $788,421 in abuse suit
* Florida Department of Law Enforcement - Sexual Offender / Predator Flyer
* State Files Lawsuit to Avoid Paying Settlement in Molestation Case

Number 9

* Suit against OCY reinstated
* Parents and CYS settle on lawsuit

Number 8

* Innocent children lost in parents' dysfunction
* UPDATE: Christopher Payne Sentenced To Death
* Mother of two young victims takes stand in ex-husband’s murder trial
* Mom Of Murdered Children Gets $1 Million

Number 7

* Child of rape now 9, yet DCF settlement held up
* A bill to be entitled: An act for the relief of Pierreisna Archille;
* Settlements and Verdicts

Number 6

* Ohio children forced to sleep in cages by adoptive parents will share $1.2M settlement
* Michael and Sharen Gravelle Convicted of Caging Kids
* Parents of Caged Children Want Them Back

Number 5

* Ignoring boy's plight costs state $1.5 million

Number 4

* DSHS settles foster-care case for $2 million

Number 3

* Carole Ann DeLeon
* DeLeon legal claims mount
* Boy died of thirst: a pattern of abuse emerges
* 2 doctors, DSHS sued in death of 7-year-old
* Plea deal for mother in death by dehydration of boy, 7
* Foster mother whose son starved to be released from prison
* Carole DeLeon leaves prison early

Number 2

* Tacoma, Seattle settle foster father abuse lawsuit

Number 1

* Money for brain-injured girl advances

Michigan Babysits Fraud and Waste

Please keep in mind while reading this article that a home child care provider is paid $2.25 an hour.

Child care agency still receives payments after being defunded by Michigan legislature

Lawmakers question funding to Michigan
Home Based Child Care Council

By Christopher Behnan • DAILY PRESS & ARGUS
March 22, 2010

Payments to the Michigan Home Based Child Care Council, which serves as an intermediary between the department and a controversial union for home-based care providers, were eliminated in the 2010 budget the Legislature adopted in November.

But state officials notified lawmakers that a $200,000 contract with the council remains in effect and is being funded from alternative sources in the DHS budget.

State Rep. John Proos, R-St. Joseph, said at a news conference last week that the DHS needs to be more transparent and accountable.

"We don't yet know what their purpose is. I can't tell what they do," Proos said of the council...more

But wait, it gets better.

See, behind the scenes you have the reason why the union was formed. See, the Auditor General did an audit. If you are a fan of my work, you should know what the audit found.

$23 million in fraud.*

AFSME comes in to protect the right of home child care providers to make sure they keep working, at the rate of $2.25 an hour (before union dues). 

All I know is that I see hundreds of thousands of dollars being wasted by the state on top of the millions in fraud, all because Michigan refuses to care for its future citizens.

Normally, I would upload the audit report but Michigan has started the nasty little habit of locking its PDFs when they do not come out the way they want them to. Keep checking back, it will be unlocked and uploaded shortly.

Monday, March 22, 2010

Original Parents

Normally, I try to refrain from posting emotionally charged pieces because they are biased against the child welfare system as a whole, calling for moritoria with pitch forks and torches.

But, this was such a well-written piece, I thought it only appropriate to honor the pending celebration of child abuse and neglect propaganda month.

I dedicate this to original parents, a term I prefer to apply to the individuals who cared for children before they were removed and placed in the child welfare system.


"The word 'parents' means nothing to me" a friend observed. "Anyone who takes care of a child could be called 'parents'." How different this sounded from what I'd learned at home from my -- you guessed it -- parents. They were proud of being parents and they never would have questioned what the word "parents" meant. To be a parent implied a special relationship with a child that was born to you. It was not to be taken lightly. "Chairman Mao separated children and their parents in China and turned the children against their parents," my parents told us kids. The implication was that it was harmful and just plain wrong to separate parents and their children. It was against nature and against God.

So how has it happened that today people in the United States don't even know what the word "parent" means and feel it is not much different from the term "teacher" or "babysitter"? What about the other language that families use? Does the word "son" mean anything? The word "mother"? What about "grandfather" or "ancestor"?

How did it come about that in the United States, children of parents who have not been proven to be abusive are being removed from their homes and put into foster care? Not only might the forced separation itself be considered abusive, but by some estimates a child cared for by a non-related person is ten times more likely to be abused than a child in a natural family.

When foster or adoptive care providers abuse a child, even if there is proof the child is rarely removed from their care. In a recent example the true family of a girl named Kayla Allen tried to bring attention to the fact that she was being abused. Her grandmother risked her own freedom by kidnapping her granddaughter to prevent the abuse. There are police reports and pictures of numerous bruises all over Kayla's body. Kayla was returned to the abusive home and was later adopted by the woman whom she identified as abusing her. She finally made it out of that home in Onslow County, North Carolina Aug 24, 2003 dead at the age of 7 after being forced to drink pesticide. Her grandmother, who had promised Kayla never to let her be abused again, committed suicide.

People who foster or adopt a child are rarely referred to as unrelated care givers; Instead, they are called "parents". Maybe that's why so many people think that people who are paid to care for a child are entitled to care for, neglect or abuse the child any way they please. The real parents and family are relegated to the role of ex's even while their parental rights are still intact, by use of the demeaning terms "birth parents" or "biological parents". Prospective adopters are called "parents" before the rights of the real parents have even been terminated. The courts and even the media, which is supposed to be unbiased, frequently use this terminology which is so obviously slanted against the natural family.

One solution to foster care abuse that is promoted is to expand the undermanned "system". What about not removing children from their homes on the basis of poverty or of unsubstantiated reports of abuse in the first place?

Foster care and adoption is big business. There are monetary incentives at both the federal and state levels to get children in the system and to get them adopted. Adopters might be considered the new "welfare queens": They get far more in monthly subsidies, Medicaid, tax credits, social security benefits, training, counseling, clothing allowances and other benefits than natural families would ever be entitled to right up until the child is 18 (22 if the child stays in school). And adopters don't have to show a need.

Despite the health and safety risks, social workers are eager to remove children from their families and to sever the relationship between family members, especially to obtain young "adoptable" children from homes that don't have the means to hire a good lawyer.

A mother who requested she not be identified wrote: "The DHS workers have been bothering me since I brought the baby home from the hospital. First phone calls, then visits wanting to see how things are going, wanting me to sign releases for my medical records because my health is a 'concern' to them with children so young. They tell me placing the children with families might be best for them since right now I am not able to work because of my operation. I had an operation I wasn't like told I am something contagious or anything!"

Some people say that because of the likelihood of abuse in foster care, the children in foster care need to be provided a permanent situation right away. For permanency, there is the 00004000 option of helping the family resolve issues if there are any and then returning the children to their parents or some other relative. If there truly is no family member to care for them, a friend might be willing to become a permanent guardian and be kind enough to allow the child to keep her identity and keep the memory of her family alive for her.

But, as a result of monetary incentives, permanency now means designating children "orphans" in the interest of finding them adopters. When adopters can't be found, the "orphans" stay on in foster care.

Social workers and the legal system delay returning children to their parents so they can make the argument that the family bond has been lost. Even when a parent is proven fit in every other way, the courts still do not consider that this bond, if lost at all, might quickly be regained simply by allowing family members to spend time together.

Told that if they only love this child enough, they will be the only "parents" he/she will ever need or want, adopters frequently minimize the child's very real loss or even make disparaging remarks about his/her natural family. If a child doesn't agree to being adopted, there are psychologists available to convince him that he does want to be adopted. Even law guardians, who are supposed to protect the child's interest in court, are being trained to convince kids they want to be adopted. Children learn to "play the game". Sometimes they make a few extra bucks appearing on commercials or at conventions promoting adoption.

Despite all the promotion, older child adoptions are exceedingly rare, and when they do occur, they frequently fail, with the child returned to foster care or emancipated before age 18. Even children adopted at younger ages may be emancipated early. Thirty-four-year-old Teresa Tryon, who was adopted at 4 years old wrote: "I was emancipated at the age of 15. My adopters basically forgot I existed and I left home at 13 and when they found me at 15 I was already in my own apartment and job."

On a message board for so-called "Orphans", someone wrote: "Isn't it amazing how many of us have spent the time in the system just waiting until we were old enough to return to our families?"

The words "mother", "father", "parents" and "family" used to have meaning in our society. Chairman Mao would be impressed if he saw how language is used to separate families in the United States today. Next time you see a news report about a "birth" father, mother or grandmother going to court to keep their child, try thinking of them as the real father, mother or grandmother. Think of the prospective adopters as people who are actively trying to tear family apart. If parents are not proven to be unfit, there is no reason to take their children.

Laurie Frisch

Marion, IA

"Protecting the Rights of Mothers and Natural Families"

Author Information

Laurie Frisch

Monday, March 22nd, 2010

The emotions you feel at this very moment is what keeps me in this battle to end fraud in child welfare.

Thank you Laurie.

Baby LK Report March 21, 2010

Baby LK recaps the week in news for the child welfare industry.

New York Shreds Evidence of Fraud

Here is another classic example of child welfare fraud and the extent that administrations will go to cover it up.

The purpose of shredding is to destroy all opportunity to examine evidence of fraudulent billing. If there are no records, then it is impossible to substantiate fraud:

Fraudulent child abuse accusations.

Kiddy Kickbacks

Embezzlement

Phantom services

Double billing

False statistics

And all this fraudulent activity is provided for through university training, funded by Social Security and nationally advocated by elected officials.

NY denied thousands accused of child abuse the chance to clear their name
By John O'Brien / The Post-Standard
March 22, 2010, 6:00AM

Syracuse, NY - The state Office of Children and Family Services in 2004 had a backlog of requests for hearings from people accused of mistreating children.

Three women had recently sued the agency over the delays that were costing them jobs working with kids because they couldn’t get their names cleared.

The agency had a solution to the thousands of pending written requests that would come under scrutiny by the lawsuit, according to sworn testimony from state workers: Shred.

For a month in 2004, the workers were under orders to take carts of the requests for name-clearing hearings and shred them after hours in their Albany offices, according to the testimony. They shredded about a thousand a day for a month, one OCFS worker testified.

The revelation came in a proposed settlement of a class-action lawsuit last month that could affect 25,000 people across the state who are listed in a statewide database as reported child abusers. Under the settlement, anyone who requested a hearing on child abuse or maltreatment charges but never got it regained the right to the hearing.

Employers such as day care centers check the database to see if a job applicant was ever accused of child abuse. Those accused could request a hearing with OCFS to clear their names. More than half of those challenges result in the accused person being cleared, according to Thomas Hoffman, a lawyer for the three women who sued the state over the lengthy delays.

Those women claimed they lost opportunities for jobs working with children because the state took up to two years to give them a name-clearing hearing. By then, the potential employer had filled the job opening.

Four years after the suit was filed, a whistleblower who works for OCFS called Hoffman, he said. She told him how the agency was getting rid of the written requests for hearings, then marking the case “waived” or “withdrawn” on the database, court papers said. The state never told the accused. To the inquiring employer, it would appear that the person had given up on their request for a hearing, and the child abuse accusation stood.

The backlog of hearing requests was much longer than two years — some requests had been sitting around for seven years, court papers said.

The whistleblower came forward in February 2009. Hoffman then took testimony of 18 or 19 OCFS workers about the handling of the requests for hearings, he said.

In some cases, workers called the prospective employers with whom the accused person had applied for a job, according to the workers’ testimony. If the employer was no longer interested, the state workers were told to mark the file “waived,” according to the testimony of six OCFS workers. The accused person was never notified in those cases. The written requests were shredded or thrown in the garbage, at least three of the workers testified.

If the whistleblower hadn’t come forward about the shredded cases, Hoffman would never have known the extent of the backlog, he said.

Cathy Dufty, a clerical worker in the office, testified that supervisor David Peters ordered her to gather a bunch of temp workers and start shredding.

“I would go down to his office about 3:30 and I would take the cart back, and it would be, ‘These are to be shredded, and these over here are to be refiled,’” Dufty testified last year.

Peters was then the director of the statewide Central Register of Child Abuse and Maltreatment. He has since retired. In his deposition for the lawsuit, Peters denied that his agency did anything improper, Hoffman said. Peters could not be reached for comment.

The assistant state attorney general who represented the state in the lawsuit, Robert Kraft, refused to comment. A spokeswoman for OCFS, Pat Cantiello, said no one from the agency could comment because the settlement has not yet been approved by a federal judge.

The whistleblower, who still works for OCFS, also would not comment.

Under the proposed settlement, the state would have to send notices to the 25,000 people on the central register whose requests for hearings were ignored between 2003 and 2007. U.S. District Judge Shira Scheindlin will hold a hearing in April in Manhattan, then decide whether to approve the settlement.

As part of the settlement, the state agreed to stop the practice of calling potential employers to see if they still wanted to hire the person accused of child abuse. The state agreed that the accused person has a right to a hearing whether the employer is interested or not, Hoffman said.

The settlement only applies to people who requested a hearing and never got one. It doesn’t affect anyone who never requested a hearing or who withdrew his or her hearing request.

Once the settlement is approved, Hoffman will submit a bill for legal services to the court. The state will pay those costs, but will not pay damages under the proposed settlement. Anyone who might be affected should check Hoffman’s Web site on the case: registryclassaction.com.

The state gets about 350,000 inquiries a year from prospective employers, including child care centers, foster care agencies, juvenile detention centers and other employers who work with children. The register is accessible only to employers who are required to check a job applicant’s background.

’’The employer doesn’t know why you’re on the list,” Hoffman said. “You could be a pedophile or it could be something benign.”

John O’Brien can be reached at jobrien@syracuse.com or 470-2187.

© 2010 syracuse.com. All rights reserved.

Tuesday, March 16, 2010

Baby LK Report March 14, 2010

Baby LK recaps the child welfare industry newsweek.

Wednesday, March 10, 2010

Texas Orders Agency To Stop Medicaid Fraud

A Texas Court orders child protective services to end fraud, waste and abuse of Targeted Case Management Medicaid funds. The state agency is appealing.

President Calls for Medicaid Fraud Bounty Hunters

It looks like since the States Medicaid Fraud Control Units will not do anything about Medicaid fraud, then the people will.

An action such as this eliminates any conflict of interests in dealing with States Attorneys General going after Medicaid fraud in child welfare.


Obama Using 'Bounty Hunters' to Root Out Fraud



Filed at 11:14 p.m. ET
WASHINGTON (AP) -- President Barack Obama said Tuesday he'll bring in high-tech bounty hunters to help root out health care fraud, grabbing a populist idea with bipartisan backing in his final push to overhaul the system.

Waste and fraud are pervasive problems for Medicare and Medicaid, the giant government health insurance programs for seniors and low-income people. Improper payments -- in the wrong amounts, to the wrong person or for the wrong reason -- totaled an estimated $54 billion in 2009.

The bounty hunters in this case would be private auditors armed with sophisticated computer programs to scan Medicare and Medicaid billing data for patterns of bogus claims. The auditors would get to keep part of any funds they recover for the government.

SPECIAL NOTE TO THE STATE OF MICHIGAN LEGISLATURE:

Beverly Tran's State of Michigan proposed bill to amend 2003 PA 1, entitled "AUDITS AND EXAMINATIONS" (MCL...

SPECIAL NOTE TO HIGH-TECH BOUNTY HUNTERS:  
I'm ready, are you?

South Carolina Stops Medicaid Fraud

Every state has a revenue-maximizing scheme, it just takes an Attorney General to step up to the plate and stop it.

Medicaid fraud case swallows millions

By John Monk
McClatchy Newspapers

The case involving the theft of $5 million in Medicaid money at the S.C. Department of Social Services has swollen to encompass enough alleged criminals - an estimated 350 at last count - to populate a small town.

"It's the biggest one I remember us prosecuting," said Acting U.S. Attorney for South Carolina Kevin McDonald...more

People with information on the case can call Assistant U.S. Attorney Debbie Barbier at 803-929-3000.

Michigan Child Proactive Services

It was a busy day in Michigan's media because Kevin is coming out with his report card, and it does not look pretty to the media.

First, you had the Detroit News come out with its take: Report: State falls short on court ordered child reforms

In my own devious spirit, I decided to spice up the discussions.

Child Proactive Services

There have been significant strides in shifting the philosophy of the state's child welfare services from taking to giving.

Michigan has recently made several proposed changes to its Medicaid policy in dealing with families.

Unfortunately, there are far too many times the only way a child, and even a family, may access medical resources is through the entry into foster care.

The proposed Medicaid policy changes will immediately reduce caseloads of the workers by reducing the need for child removals and providing much needed proactive care.

The Department of Human Services is to begin maintaining electronic health records in child welfare.

The creation and maintenance of a complaint database for children abused in foster care must be extended allow the ability for members of families to file complaints, also.

It must be kept in mind that these proposed initiatives will take some years to implement as the concepts of transparency and accountability may be too controversial for some state power players.

There are still major systemic deficiencies in the administration of child welfare, but those shall be addressed in a different venue.

That "venue" I refer to is federal court, but I though I would stir up the pot with a dash of conservative/liberal controversy regarding welfare and social assistance, as child welfare is, of course,is an entitlement program of socialized medicine.

See, there are those on the "anti-socialism-brigade" who claim that all entitlement programs should end, yet are the staunchest supporters for child protective services, an entitlement program.

Then, on the other side of the spectrum, we have the "uber-liberals" who believe poverty is a validated reason for taking a child and placing them in foster care to be adopted out to live with the fairy tale rich family in the suburbs as they hold more fundraising events to tell the public that everything is wonderful.

Then, the plot begins to thicken as the Detroit News removes my comment from the article section and the Free Press locks in with its slant:

Report: State foster care improving, but still lags

By ROBIN ERB
FREE PRESS STAFF WRITER

Under a federal court order, Michigan made “significant” progress in overhauling its child welfare system — reducing caseloads for foster care workers, taking fewer children from homes, and relying less on institutionalized care during a six-month period in 2009, according to an independent, court-appointed monitor.

But thousands of youngsters continue to linger in the system, and many "age out" without health care or permanent homes, according to the 159-page report by monitor Kevin Ryan, of the New Jersey-based Public Catalyst Group...more

But wait, Children's Rights has entered the media spin room.

Michigan Reforms Stall and Too Many Children Remain Stranded in Foster Care; Stable Leadership Needed Immediately
09 Mar 2010 / Posted by Children's Rights

DETROIT, MI — After making some initial progress in a comprehensive child welfare reform effort required under a federal court order secured by Children’s Rights, a new progress report shows Michigan has still not found safe, permanent families for thousands of children stranded in foster care, and is at risk of backsliding further unless the state immediately stabilizes its management team and structure.

Ineffective planning and an unfortunate absence of stable leadership have stalled efforts to provide permanent homes for large numbers of children who have been stranded for years in foster care — allowing far too many children to languish and age out of care without a place to call home, according to the report (PDF), issued today by independent experts appointed by the court to monitor the reforms...more

If anyone had any sense, all that had to be done is to bring child abuse and neglect charges against the legal guardian of Michigan's children who have been allowed to suffer in foster care only to face a challenging future after they are kicked out and abandoned at the age of 18 years.

It is time someone called Child Protective Services and Terminate Michigan's Parental Rights.

Sunday, March 7, 2010

Baby LK Report March 7, 2010

Baby LK recaps the week in the child welfare industry.

Friday, March 5, 2010

National Medicaid Fraud Strategies Released

Even though the testimony of U.S. Department of Health and Human Services Inspector General to the House Appropriations Committee on Labor, Health and Human Services, Education, and Related Agencies, March 4, 2010 on the activities to combat Medicare and Medicaid fraud are vitally important, the testimony of the Deputy Director proved to be even more revealing.

Operations of the Health Care Fraud Enforcement Task Force, H.E.A.T. will be expanding to 13 new locations to stop the unbelievable levels of health care fraud across the nation.

Various federal statutes and work with the States Medicaid Fraud Control Units (MFCU) will now be used to go after the fraudfeasors. Let's sit back and see if the MFCUs will touch child welfare fraud. Stay tuned.

Testimony of DHHS Deputy Inspector General March 4, 2010

Thursday, March 4, 2010

Philidelphia Child Dies Due To Health Care Fraud

Four Danieal Kelly social-service workers found guilty

By Nathan Gorenstein

INQUIRER STAFF WRITER

Two administrators and two caseworkers from a city-funded social service agency were convicted today of health care fraud and conspiracy charges stemming from the death of Danieal Kelly, the 14-year-old with cerebral palsy who died of bedsores and malnutrition at her mother's apartment.


It took the horrific death of a helpless child for the feds to finally stand up and do something about "health care fraud" (a.k.a. Medicaid fraud) in child welfare.

Medicaid fraud happens every day. The differences are most children survive the torture and most privatized agencies get away with the false claims.

Michigan Joint Custody Bill Fails Fitness Test

From the State Bar of Michigan

Joint Legal and Physical Custody Initiative: Reader Comment
A reader offers more policy arguments to the State Bar's objections to mandatory joint and physical custody (see Language of Petition to Amend the Child Custody Act to Create Rebuttable Presumption of Joint Physical Custody Approved ). Beverly Tran, a policy analyst, writes on her own blog:

Not only would the child protection standards of "fitness" have to be relied upon, but also the services and authorities to make these determinations. This would result in an unnecessary financial burden upon the state to provide the determination of fitness services as well and the responsibility to provide services to address whatever issues have placed the parent in a position of questionable fitness.
When it is determined by the courts that a parent is "unfit", according to current probate procedures, the state is mandated to monitor and supervise the parent-child relationship and possesses the authority to initiate termination of parental rights.
The judicial ability to make determinations would be transferred to the identified authorities who would make the determinations of fitness, and that usurps the powers of the court.

DTE and Children Went through the Whole

DTE: Illegal power hookup resumed hours before fatal fire

By AMBER HUNT AND TAMMY STABLES BATTAGLIA
FREE PRESS STAFF WRITERS

Within hours of
DTE Energy cutting off service to the home because it had been hooked up illegally for months, two locks that had been placed by the utility on the electric meter box had been cut off — and power was restored.

The Detroit Fire Department is investigating whether that second illegal hookup led to the Tuesday deaths of three children – Travion Young, 5, Salena, 3, and Fantasia, 4 – after a blaze tore through the two-story home.

Very sad.

What saddened me the most were the comments left on this story.

There were those who blamed the big monster DTE and there were those who blamed the welfare queen.

I blame the tragic deaths of these three children on Michigan Lawmakers.

In Michigan, particularly Detroit, times are economically challenging, to say the least. Social resources are virtually gone. There is very little affordable, decent housing, so many times, a person will take what they can get and make the most of it, particularly when they have children.

Parents tend to do whatever they must to care and provide for their children, even if it means an illegal hook up, because if they do not, those are grounds for removal of the children and have them placed into foster care.

DTE did what it is suppose to do as a business. It did not receive payment of services and, justly, terminated services.

There was a loophole in the law.

Popular belief is that there is law on the books of Michigan that says the energy companies cannot turn off utilities in the winter. That is not the case.

There are two eligibility criteria:

(1) You must be considered an "eligible senior citizen customer";

(2) You must be able to pay 7% of the estimated annual bill within 14 days of shut off.


Children fell through the loophole and through the social safety net to die.

There are more resources, advocacy and protection for senior than children in a family.

Notice, that I make the statement, "children in a family" because that would deem foster care, a welfare program, which is many times more costly to the public than helping with utilities and housing. I read the comments and cringed that people would condemn a person for being poor.

Each child removed costs taxpayers in the range of $10,000 to $150,000 a year, and many times much more depending on the classification of the case. I did not calculate staff, Medicaid services, courts, administration, training, buildings, fraud, waste and abuse. That would triple the numbers.

A monthly gas bill during the winter in Detroit is about $500. You do the math.

The lawmakers of Michigan need to obviate. This means to provide for the future. Michigan is going through a series of policy changes in Medicaid that would do just that. Perhaps the resources this family needed to prevent the deaths of these children.

The people need to redirect their outrage toward Michigan lawmakers and demand investments in resources for a profitable return of its future citizens.

The whole policy system allowed DTE and children to go though, with no consideration of the future.

Monday, March 1, 2010

Michigan Shared Parenting Duplicates Services

The State Bar of Michigan has clearly identified the key component of HB 4564 that would create burdens in the execution of applying the presumption of joint custody.

There is no legal definition of "unfit" and "fit" contained within this bill and would leave the court to import existing state standards under child protection law., MCL 722.622 et seq. Not only would the child protection standards of "fitness" have to be relied upon, but also the services and authorities to make these determinations. This would result in an unnecessary financial burden upon the state to provide the determination of fitness services as well and the responsibility to provide services to address whatever issues have placed the parent in a position of questionable fitness.

When it is determined by the courts that a parent is "unfit", according to current probate procedures, the state is mandated to monitor and supervise the parent-child relationship and possesses the authority to initiate termination of parental rights.

The judicial ability to make determinations would be transferred to the identified authorities who would make the determinations of fitness, and that usurps the powers of the court.

I oppose HB 4564 on the grounds of its negative fiscal impact and lack of clarity on the statutory definition of "fitness".

Joint custody is a wonderful concept but the realities make it not so.

Joint custody would alleviate the burdens of child support but would increase the financial responsibilities of both parties to provide and maintain housing and its amenities. This is what I call a duplication of services.

Duplication of services, for each parent to maintain and provide separate households may be feasible for those who are financially secure, but what about the individuals who are barely making ends meet?

Michigan currently views economic hardship as a standard of "unfitness", so I am concerned that poverty will be used as grounds for determining custody of the child in these domestic cases, the same way it is used in Child Protection proceedings. This is a duplication of services on the part of the state, because, now, services must be put in place to allow equal treatment under the law in the determination of the domestic custody.

What concerns me the most of this bill is, at any time, a party may make allegations that a parent is unfit. These allegations would be filed with the local Child Protective Services Office, weighting the powers of the state to intercede in the judicial decision of custody. At this point, if there is an allegation of "unfitness" there could be a subsequent case opened in child protection proceedings, thus, transferring the case outside the jurisdictional venue of a custody proceeding.

The idea is novel but immature. Until there is clarification whether this will be a Child Protection issue, I would recommend the bill be sent back into committee for further evaluation.

CASA Retaliates

This was a response from Rebecca L. Grossman of the National Court Appointed Special Advocates for posting the Baby LK report.

I believe it was removed from the facebook posting because, Child Abuse Propaganda Machines do not like publicity that challenges their current funding structures. 


It more than likely was removed as retaliation for, let's just call them "previous encounters."

Hello Beverly. While we very much appreciate your support of National CASA we are going to have to take down your last posting due to our public posting policy which I will include in this email Thank you for your understanding.




Thank you to all of our FB page visitors--especially those of you who use CASAforChildren.org and this Facebook page as a way to deepen your connection to other people engaged in the important work of finding safe, permanent homes for abused and neglected children. We have committed to expanding our communication with members of the CASA community by posting news and responding as quickly as we can to questions raised here.


We truly appreciate your comments and insights. We are a community that values mutual respect and civility. Disagreements, debates, and discussions are to be expected -- that's often how we learn from each other. It’s important that we engage in these conversations in a way that is respectful and positive.


Please treat each other with respect. Name-calling and offensive or foul language just isn't acceptable. We want a free and open discussion, but we will delete posts that are overly disruptive to the community.


Also, never post your personal contact information here. If you need to reach us, call our main number at 1-800-628-3233 or use the online forms at CASAforChildren.org. Sharing contact information is neither safe nor wise. We’re committed to taking every step to protect everyone’s privacy. Help us with that.


Finally, advertising or solicitation is not the purpose of our page. Posts including advertising or promoting a specific Web site, event, or organization may be deleted.


Online tools can help us expand the CASA movement. We encourage all of our supporters to be involved. Let's treat each other with dignity and respect and build a strong and effective online community to make a difference in the lives of abused and neglected children.

Now, here is the 2008 CASA Annual Report. No where in this publication will you find any reference to ending fraud, waste and abuse in child welfare.

As a matter of fact, you will find no reference to the number of children who are being removed from homes on the basis of poverty or lack of medical coverage.

Quite frankly, you will see not a whisper of the abuses and deaths of children in the child welfare system.

CASA Annual Report 2008

There are only two reasons I prefer to publish a document in its entirety because, in the event I have omitted something or, perhaps, have interpreted the information improperly, the source is right at one's fingertips.

The second reason is because I am a fan of accountability and transparency. It is the responsibility of the citizen to protect and serve. I call this my civic duty to call out bullshit, and I do it extremely well.

CASA is  publicly funded entity; therefore, this is a public document.

CASA 990 2008

Out of the $12 million in expenses, not one penny went to ending Medicaid fraud in child welfare.

CASA, the ones with direct knowledge of these child welfare cases, does absolutely nothing but allow the status quo to grow with such a ferocity that we have federal agencies scrambling to find out why.

If you suspect fraud in child welfare, report it because CASA sure as hell will not.

Absolutely Omnipotent

More powerful than a federal Judge, more powers than the Governor, more authority than the Attorney General, look, up in the sky!

Is it God?  No.

It's the Michigan Children's Institute Superintendent!  He is absolutely omnipotent.


 
THE MICHIGAN CHILDREN’S INSTITUTE SUPERINTENDENT’S DECISION TO DENY CONSENT TO A BLOOD RELATIVE’S ADOPTION PETITION IS NOT ‘ARBITRARY AND CAPRICIOUS’ IF THERE ARE GOOD REASONS TO GRANT CONSENT AND GOOD REASONS TO DENY CONSENT TO THE RELATIVE’S PETITION.  IT IS THE ABSENCE OF ANY GOOD REASON TO WITHHOLD CONSENT, NOT THE PRESENCE OF GOOD REASONS TO GRANT IT, THAT INDICATES THE SUPERINTENDENT WAS ACTING IN AN ‘ARBITRARY AND CAPRICIOUS’ MANNER  By Judge Thomas E. Nelson In re Fenner-Bailey, (Unpublished #279990), 3/13/08

Domestic Relations Review Return to Calhoun County Courts Home Page
This case involves an appeal of the trial court’s ruling that the Michigan Children’s Institute Superintendent’s decision to withhold consent to appellants’ petition for adoption of their blood relative was not “arbitrary and capricious”.

The child involved had been living with the foster parents who were given the MCI Superintendent’s consent to adopt for over ½ of her 4 years of life.  She had formed a strong psychological bond with the foster parents, whom she referred to as mom and dad.  The appellants maintain that they had a similar bond with the child.  However, that does not undermine the child’s attachment with the foster parents.  Psychological attachment is not a zero sum game.

The relatives also challenged the child’s long-term therapist’s conclusions regarding the bond between the foster parents and the prospective adoptee.  They suggested that the therapist never observed the child and foster parents interact.  However, the Court of Appeals indicated that the trial court was correct in relying on the therapist who interacted with the child professionally for a significant portion of her life and at the time the relevant proceedings and placement were occurring.

The appellants also argue that the MCI Superintendent’s decision was arbitrary and capricious and did not follow the Department of Human Services’ policy manual to give preferential treatment or first choice to relatives seeking to adopt. The appellants offered no legal authority to support that argument. Furthermore, the appellants were originally given custody of the child, but they requested she be placed with the foster parents in order to promote the transition to a permanent home.

Bottom line, the Court of Appeals held that “if there are good reasons to grant consent and good reasons to withhold it, it cannot be said that the decision to withhold consent was arbitrary and capricious”.  It is the absence of any good reason to withhold consent, not the presence of good reasons to grant it, that indicates that the representative was acting in an arbitrary and capricious manner”.
Domestic Relations Review
Return to Calhoun County Courts Home Page


Last updated 4-2-08
Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov

And the court never said anything about the decision being right and wrong.

The reason the appellants could not prove the Superintendent did not follow the policy manual is because the policy manual does not exist.

FOIA Michigan Children's Institute Production of Documents

Pepsi Refresh Project

Need a bit of start up money to do community work?

Why not apply to the Pepsi Refresh Project.

Each month Pepsi will give away up to 10 grants a month, up to $250,000 for community projects.  Only 1000 a month are accepted and submissions are accepted on the 1st of every month @ 6:00 a.m. EST.

Make sure you have a good title for your project as that is how the votes will be cast.