Friday, October 5, 2012

Michigan Immunizes Against Children's Civil Rights

In light of the recent lawsuits against the State of Michigan Department of Human Services horrific failures of its child welfare system, a group of legislators have banned together to protect their buddies'.

There is a reason why Michigan gives Child Protective Services immunity and it comes with a court ruling.

If Michigan does not take immediate proactive steps to create a cloak of immunity for these child social welfare agencies, then the state would become the culprit as being the principal of policy and oversight.

Michigan Children's Institute Superintendent Bill Johnson
deciding the best adoption
placement of a child
If these contractual state arms are severed through legislative immunity, the state is in the clear of civil liabilities if litigation calls upon them as the responsible party because of the Eleventh Amendment automatically makes the state immune as government is assumed to function in good faith.

Proving a child welfare agency was malfeasant is like proving the arbitrary and capricious decision of the Michigan Children's Institute Superintendent Bill Johnson was made whimsically even though it was the wrong decision.

One thing people do not understand is a state, in this instance the contractual child welfare agencies, can be stripped of immunity.  It just will take a lot of time and money which these blatantly obvious special interest legislators know the people do not have.

Granting immunity is a judicial determination.
Even though SCOTUS is entertaining responding to the question whether foster kids have civil rights, Michigan is making sure they do not.

Legislatively stripping the people of the right to due process is just another way the power players in child welfare (who are the ones responsible for all the lawsuits against the state) are attempting to legislate the judicial branch.

I smell the work of Maura Corrigan.
Michigan House Bill 5153 Legislative Analysis To Create Social Services Agency Liability Act for Child Welf...Voting is beautiful, be beautiful ~ vote.©

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