Friday, September 28, 2012

Michigan To Be Sued For Child Racketeering

No matter how many times the state administrators of child welfare get called out in a court of law or in the media, they still get a paycheck.  These administrators should be placed on the central registry for covering up all the children in foster care who are raped, tortured, drugged to death, murdered, who have attempted and those who have successfully committed suicide.

Fire them all and dismantle Michigan Children's Institute.  There are no constitutional rights in the child welfare system, it's an organized racket.  Even SCOTUS is about to endoctrinate that foster children have no civil rights;.

Does Michigan registry violate constitutional rights?

(WXYZ) - It’s a list you probably never heard of, but once your name is on it, you can lose your job and reputation. It’s not easy to have your name removed from the list, and a Michigan attorney says the process that adds tens of thousands of new names to the list every year may be unconstitutional.

Not only has this Michigan attorney set forth a valid claim, she is backed up federal case law and my analytical brief.

Continuing along with the building of our constitutional challenge to Michigan's Central Registry, one can be amazed that there is a federal report supporting this Michigan attorney's claims.
National Child Abuse Registry Feasibility Report 2009

What will repulse you the most is the Director of the Michigan Central Registry, Collin Parks is that after the bloody battle one will engage when attempting to decide if he is lying through his teeth or as dumb as a bag of rocks, you will have to prepare to stomach the audacity of the state coming up with their affirmative defenses that the registry is constitutional.  

Please remember, I am An Original Source and I am going call this man on the carpet.

It’s called the Child Abuse and Neglect Central Registry, established and maintained by the State Department of Human Resources. Right now there are more than 350,000 names on the registry. 

Among them, however, are people who insist they have done nothing wrong to warrant their inclusion, and they say they have a great track record of caring for children.

Anyone can be on the Registry.  It is overseen by a group of arrogant imbeciles who were using the it as a, well let's just say a proactive immunity device to shield the state, inclusive of its private contracted agencies and counties, from lawsuits.

Take Debbie and Kevin Turner of Jackson. Years ago they adopted their two-and-a-half year old niece Miranda when it became clear the child’s parents could not care for the little girl. As Miranda grew, so did the evidence of mental illness and defect which included bizarre violent behavior and attacks on animals and adults in the house and at treatment facilities the child was taken to.  

“She’s my niece,” a tearful Debbie told 7 Action News. “ I still care for her.”

But, in the same breath, Debbie admits it hasn’t been easy. “She started hurting dogs. She liked fire. She was cutting Barbie dolls heads off.” Then Debbie added, as Miranda became a teenager, things got worse.  “We called the police at times because Miranda was violent. She always threatened she was going to kill me with a knife. She said I’m going to kill you and burn the house down.”

“That’s when I finally put my foot down and said I wasn’t going to be threatened anymore,” said Kevin Turner. “The fear factor was enough. The stress, the anxiety. Everything.”

Two years ago the Turners made the difficult decision to give Miranda up to the state for treatment and care. That decision got them placed on the central registry.

Let's examine plausible reasons why the decision to put these caregivers on the central registry.  First, you are placed on the registry in less than 24 hours after there is intervention of Child Protective Services.  This is how the billing of Medicaid begins, or should I say the Medicaid fraud in child welfare.

CPS will bring ex-parte action in the court without every letting you know you have a case.  The judge,   or a clerk of the court, or anyone with the rubber stamp of the judge, will automatically, 100% of the time, approve the request and grant authority for CPS to do whatever the worker wishes to do.  This is the first placement order of the judge.  This ex-parte order is so crucial because it determines the funding streams, rather, who is going to pay for the child.  

Here is an actual training presentation from the Michigan Child Welfare Training Institute:
Michigan Title IV E Funding Presentation 5-2008

There is no attorney involved.  The state attorney general, if it is Wayne County, or the counties prosecutor will step in after CPS has creatively generated, opps, I mean filed its investigative findings withthe court.  Whatever entity is legally representing the state, trust and believe they have only looked at the 'creatively generated' court report for the first time when they show up for court that day.  

In Battle Creek, Helen Miller and her husband have been fighting to get their names removed from the registry. “They took every foster kid I had. I had four at the time.” That painful memory is part of a scenario that still puzzles Helen- how a mistake, and a family situation unknown to her and her husband has dominated their lives.

“After 26 years of doing foster care, you’d think you’d want to keep some people around that have changed kids' lives,” Dan says. Helen and Dan Miller run a 90 acre horse farm and training facility outside Battle Creek where they have spent much of the past 26 years helping more than 100 children grow into productive adults. But just one mistake, allowing two teenaged foster children to stay the night with her daughter, got them placed on the central registry.

”She was seeing her ex-husband again,” Helen said of her daughter. There were drugs in the house that she says the ex-husband was dealing on the side while working a blue collar job doing repairs. “We didn’t know about it,” she said. The kids were there when police conducted a drug raid. A DHS investigation followed, and two days later, four children were briefly removed from the Millers home. A judge heard the facts, gave the children back to the couple, but their names remain on the registry, which keeps Helen from doing the job she loves so much.

“I can’t foster, I can’t get a job anywhere, and background check, I can’t get a job,” she says.

Debbie Turner also lost the job she had for 17 years after the state put her on the registry. She worked at a head-start program as a secretary. Once on the registry, you can’t have contact with kids, though Turner says she never had contract with children at her job. “What we did wrong was take a child, and love her and try to make her as our own, with our other children, and it blew up in our face,” she says.

“Across the country there is abundant data that says that these registries are unreliable,” says attorney Elizabeth Warner. “So, it’s of no use to anybody to protect children.” Warner represents Debbie and Helen in an effort to get them off the registry, which she says is very hard to do. According to the state, more than 350,000 people are on the registry, which is intended to protect children from people determined to be abusive or neglectful. Warner says the registry violates people’s constitutional rights because they are not given their day in court to fight the abuse and neglect allegations before a child protective service worker puts them on the registry.

Lest not forget this classic audit from the Michigan Auditor General on the corruption of the system and incompetence of administration of the central registry.
Michigan Audit of Department of Human Services 2004

Warner says “actually, in our constitutional system, they can’t cut off your electricity or welfare benefits without giving you a fair hearing first. But in Michigan, they can put you on the black list of child abusers, and they don’t have to give year a hearing, and that’s written in the law.”

Not until you are put on the registry can you request a hearing to get off the list.

“I’m guilty before I’m proven innocent and I didn’t do anything,” Debbie says.

But, Colin Parks who heads Child Protective Services, which is part of the Department of Human Services, defends how the registry works.

I have not been keeping up with the musical chairs of administration over at DHS but I do remember a piece fecal matter by the name of Steve Yager.  

Steve Yager was a final decision maker on who would get off the central registry.  Here is a quote from one of his decisions of why he would not remove a person from the registry:

"You are denied your request to be removed from the central registry because you were placed on the central registry."

When there is a hearing to remove a name from the central registry, it is recorded.  Here is an actual quote from an administrative law judge in such hearing"

"There are no constitutionalities in this proceeding."

He says everyone is thoroughly investigated before their name is added to it. “It is evidence based,” Parks says. “It’s not a subjective decision. The worker doesn’t arbitrarily make a decision to put somebody on the registry.”

Sometimes the decisions are not just arbitrary, they are also capricious.  It's Michigan's philosophy under the Cotton Doctrine.  Upon exiting the child welfare system through a consent decision of the Michigan Children's Institute Superintendent Bill Johnson, the Cotton Doctrine is used to defend the placement decisions of the state.  One must prove the Superintendent did not whimsically make a decision, albeit the decision was wrong.

Upon entry of the child welfare system, (the central registry) one must prove the decision, albeit wrong, was done whimsically.  The Cotton Doctrine is what Collin Parks is spouting.

As God is my witness, depose me.  Call me to the stand under oath and I will give you copiously preserved state records that will emphatically prove that Collin Parks is utterly incompetent to be in his position and that the state is covering up Medicaid fraud in child welfare.

Asked if the state should first hold a hearing before adding a name to the list, Parks said no, because there isn’t time or resources to do it with more than 80,000 new child abuse and neglect cases under investigation every year. “Out of all of those cases, the expectation that somebody would be able to review those decisions would be a very time consuming task,” he said. “I’m concerned that based on that volume if it would be possible.”

At this time I am asking everyone who reads this to formally request a background on your name to find out if you are on the central registry.  Even though you may never had children or never been around children, do anyway just to see the system implode to demonstrate that the central registry is the cover up for Michigan's child welfare fraud schemes right as the federal case is being filed.  Besides, how would you know if you were never notified?

Attorney Warner plans to sue the state over the central registry in federal court early next month. She wants Michigan to do what other states with registries have done: hold a hearing before a person is added to the list.

There is no such thing as due process in child welfare.  

Get them.  Call me when you need me.  I got more.

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