Sunday, December 20, 2015

Dead Kids Have No Civil Rights

There are three reasons why this lawsuit will go nowhere:
Kids in foster care have no civil rights

1.  The grandmother gave birth to the parent who murdered her grandchild.  The state will launch a defense that the grandmother had no legal grounds to bring forth the case and, due to poor parenting/neglect or the fact the grandmother has no legal standing to bring forth the suit;

2. Not having read the CPS case or the actual complaint of the grandmother, more than likely the child is now a ward of the state and the grandmother has no legal standing as the bar is set so high to strip a state of immunities that it, nor its contractual arms (the county) may ever be sued; and,

3.  DeShaney v. Winnebago County Department of Social Services.

In the DeShaney v. Winnebago County, SCOTUS rendered its decision to the question:

Does a state's failure to protect an individual against private violence constitute a violation of the Due Process Clause of the Fourteenth Amendment?
"No. The Due Process Clause does not impose a special duty on the State to provide services to the public for protection against private actors if the State did not create those harms. "The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means."

The Rehnquist Court demonstrated a severe lack of awareness in the parens patriae doctrine in DeShaney v. Winnebago County , because, that defendant did in fact violate the Due Process clause to protect the child, as child protection had been placed under Trade and Commerce Law back in 1976, federally funded by CAPTA in 1974, solidifying the basis of the initial argument that it was the inherent right of the state to protect its heir in perpetuity. Therefore, the state violated federal anti-commerce law and the due process contained within of 15 U.S.C. 15 (c), obfuscated within child welfare policies.

I do not lay blame on SCOTUS for its findings as I have only had a few visits to my work. The majority of the time, the justices rely upon the law clerks to do the research. The research in child welfare is supremely poor or extremely biased.

Learn more: BEVERLY TRAN: SCOTUS Errs on Precedent
Stop Medicaid Fraud in Child Welfare 

No one has the ability to hold these state child welfare entities accountable, not even SCOTUS because they are too big to fail.

It is just futile to sue because dead kids have no civil rights, just like the kids in foster care.

Grandma of Ohio girl who died sues child welfare agency
A child welfare agency in Cincinnati didn't report signs of possible abuse to authorities and left a young girl in the custody of her parents, who are now charged in her death, according to a federal lawsuit.

The girl's grandmother, Desena Bradley of Cincinnati, filed the wrongful death and civil rights suit against Hamilton County Job and Family Services this week. She alleges that misconduct by the agency and caseworkers violated 2-year-old Glenara Bates' civil rights and led to the girl's death in March.

She died from starvation and blunt-force injury. Glenara was significantly underweight, and authorities have said she was beaten and had belt and bite marks, among other injuries.

She was in foster care because of abuse and neglect, but caseworkers made an "indefensible decision" to return her to her parents, according to the lawsuit. Bradley alleges that decision was made despite doctors' documentation that the girl had a protruding abdomen and indications of malnutrition, anemia, muscular wasting and other problems several months before her death.

The county agency and its caseworkers failed in their duty to act in the girl's best interests, and because of their actions, "Glenara Bates suffered extreme physical pain, torture, starvation, horrific and ultimately life-ending injuries," the lawsuit claims.

The county prosecutor's office, which would represent the agency, had not seen the lawsuit and had no immediate comment, spokeswoman Julie Wilson said Friday.

Hamilton County JFS confirmed in April that the two workers assigned to Glenara's case had resigned, and it announced other changes including plans to increase training, reduce caseloads and conduct more extensive family assessments.

The new lawsuit also names Glenara's parents, Glen Bates and Andrea Bradley, as defendants. They have pleaded not guilty to aggravated murder and other charges and remain jailed.

Norman Aubin, the attorney representing Glen Bates in the criminal case, said Friday that he was not sure he would represent him in a civil action and had no comment Friday. A message left Friday for Bradley's attorney wasn't immediately returned.

The lawsuit seeks an award of at least $25,000.

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