Arizona child-welfare agency scraps secret recordings
Arizona's child-welfare agency says it's tossing out a new policy allowing for secret recordings of adults suspected of child abuse.
I really have no idea why Arizona would scrap such a secretive policy. I mean, child welfare has no civil rights and one is prosecuted by social workers, devoid of legal representation, without any opportunity to confront one's accuser, based upon predictive modeling of predicting one's future behavior which can and will be used in a court of law. This was their best guarantee money maker of billing Medicaid for those Targeted Case Management Services and to bring in a new crop of kids for human trafficking and parents to become cheap labor.
I really have no idea why Arizona would scrap such a secretive policy. I mean, child welfare has no civil rights and one is prosecuted by social workers, devoid of legal representation, without any opportunity to confront one's accuser, based upon predictive modeling of predicting one's future behavior which can and will be used in a court of law. This was their best guarantee money maker of billing Medicaid for those Targeted Case Management Services and to bring in a new crop of kids for human trafficking and parents to become cheap labor.
The move comes after 12 News raised questions about the policy with the Department of Public Safety.
See, you guys over at 12 News just had to go and bust up a violation of due process hustle.
See, you guys over at 12 News just had to go and bust up a violation of due process hustle.
Family law attorney Gregg Woodnick had brought the policy to our attention.
Now, I am bringing this to the attention of any law attorney, who should get with me to construct a massive class action, before the Congress strips this ability from the people. Seriously.
Now, I am bringing this to the attention of any law attorney, who should get with me to construct a massive class action, before the Congress strips this ability from the people. Seriously.
DCS is "essentially performing polygraphs on people unwittingly," he said.
This is more than just polygraphs being conducted "unwittingly". This is about a pattern of practice in civil rights violations and human trafficking. This is about the filing of false claims to the federal government. Who do you think "unwittingly" financed this polygraphic intrusion of privacy? Medicaid.
This is more than just polygraphs being conducted "unwittingly". This is about a pattern of practice in civil rights violations and human trafficking. This is about the filing of false claims to the federal government. Who do you think "unwittingly" financed this polygraphic intrusion of privacy? Medicaid.
Jennifer Kupiszewski, an attorney and former assistant attorney general, said the DCS policy was "shocking."
It is not a shock. It is an industry. You have attorneys who are not particularly swift with legal acumen as they actually defend cases where one is considered "guilty until proven innocent" and have never, ever, publicly spoken out about the lack or parallel jurisprudence with traditional court.
"You have an agency that is conducting covert interviews and they may have their children," she said.
This "covert interview" process is just another technique to acquire the child for billing purposes.
"How do you trust that agency to work with you, to take care of your children?"
You do not trust that agency, or any other child welfare agency. The entire goal of the agency is sustainability, you know, keeping the paychecks coming and the doors open.
It is not a shock. It is an industry. You have attorneys who are not particularly swift with legal acumen as they actually defend cases where one is considered "guilty until proven innocent" and have never, ever, publicly spoken out about the lack or parallel jurisprudence with traditional court.
"You have an agency that is conducting covert interviews and they may have their children," she said.
This "covert interview" process is just another technique to acquire the child for billing purposes.
"How do you trust that agency to work with you, to take care of your children?"
You do not trust that agency, or any other child welfare agency. The entire goal of the agency is sustainability, you know, keeping the paychecks coming and the doors open.
Woodnick, a family law attorney for 17 years, inadvertently discovered the three-month-old DCS policy, approved two days before last Christmas.
The policy allows investigators in DCS' Office of Child Welfare Investigations to covertly use a computer voice stress analyzer in certain situations.
DCS Director Greg McKay is a former Phoenix cop who headed OCWI five years ago.
Promotional videos for the CVSA say it is "non-invasive, easy to learn, quick to use." Advocates say it's more accurate than a polygraph.
But there is little research on the effectiveness of computer voice analysis.
One independent study found the lie detector was "no better than flipping a coin."
After 12 News notified DCS we were doing a story on the secret recordings, an agency spokeswoman, Cynthia Weiss, said the policy was being "rescinded":
"We have been looking at this policy and intend to rescind the portion of the policy relative to covert use of a CVSA exam. Although conducting 'covert' CVSA's was initially discussed and entered into the CVSA policy, it was later decided that covert CVSA's would not be conducted."
Weiss said no secret recordings had been made yet.
Riiiiiiiiiight. (winky winky). You know damn well they have been doing this for some time until some social worker "legal genius" (trademark pending) came up with the idea to actually get a state administrator to codify it into policy.
Riiiiiiiiiight. (winky winky). You know damn well they have been doing this for some time until some social worker "legal genius" (trademark pending) came up with the idea to actually get a state administrator to codify it into policy.
"That’s not what they’re supposed to be doing," Kupiszewski said.
Yes, it is and you have been doing this since human trafficking was made more fashionably billable under CAPTA and ASFA. Please, spare me with your ignorance, Kupiszewski. Learn your industry.
Yes, it is and you have been doing this since human trafficking was made more fashionably billable under CAPTA and ASFA. Please, spare me with your ignorance, Kupiszewski. Learn your industry.
"I can hear it when I talk to families. They say they feel bullied or threatened, and they definitely have expressed that they felt like DCS is not honest with them during the investigation process. This would indicate that maybe there is some merit to those claims."
Many of these Child Protective Service workers are products of the child ,welfare system and are only doing what was done to them. They can do whatever they want because they are the ones who generate reports to the court, of which you have no right to challenge any of the conjured evidence they generate before or after the court hearing.
It does not matter because it takes a judicial determination to turn the federal funding spigot of a child welfare case, for, without these cases, people would be out of a job, become poor and be automatically, per state statutes, prosecuted for the crime of "failing to provide for the necessary needs of their own child".
By the way, in the State of Arizona, child welfare court proceedings are closed to the public because it is a secret.
For some strange reason, like taking down a policy when you know you have been busted, I could not secure the policy pdf from the state website, so, here is the link, and, below, is the text, because I like to preserve the annals of history.
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Many of these Child Protective Service workers are products of the child ,welfare system and are only doing what was done to them. They can do whatever they want because they are the ones who generate reports to the court, of which you have no right to challenge any of the conjured evidence they generate before or after the court hearing.
It does not matter because it takes a judicial determination to turn the federal funding spigot of a child welfare case, for, without these cases, people would be out of a job, become poor and be automatically, per state statutes, prosecuted for the crime of "failing to provide for the necessary needs of their own child".
By the way, in the State of Arizona, child welfare court proceedings are closed to the public because it is a secret.
For some strange reason, like taking down a policy when you know you have been busted, I could not secure the policy pdf from the state website, so, here is the link, and, below, is the text, because I like to preserve the annals of history.
Arizona Department of Child Safety TITLE: OCWI Computer Voice Stress Analysis I. POLICY NUMBER: DCS 13-01 RESPONSIBLE AREA: Office of Child Welfare Investigations EFFECTIVE DATE: 12/23/16 REVISION: 0 POLICY STATEMENT This policy supports the Department's commitment to maintain the highest professional standards and to use available technology to support its mission of ensuring child safety. II. APPLICABILITY This policy applies to all OCWI staff conducting investigations. It addresses the use of the investigative tool, of an OCWI conducted CSVA examination. III. AUTHORITY A.R.S. § 8-453 Powers and duties. A.R.S. § 8-456 Investigative function; training; criminal offenses; definition A.R.S. § 8-471 Office of child welfare investigations; training; responsibilities; annual report A.R.S. § 8-802 Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification IV. DEFINITIONS Audio Analysis: The CVSA Examiner's analysis of the recorded responses of the recorded interview. Cold Read: A review by a second C V S A E x a m i n e r (who is not familiar with the details of the case) who reads the chart of an interview based strictly on the assessment of the charts that were generated from the initial interview. Computer Voice Stress Analyzer (CVSA): An instrument to detect, measure, and chart the stress in a person’s voice following a pre-formatted questionnaire.
Covert Interview: A structured interview by the CVSA Examiner or investigator designed to capture a response to preformatted questions. The interview is conducted without prior knowledge or consent of the subject of the examination.
Department: or DCS: The Arizona Department of Child Safety.
CVSA Examiner: An OCWI investigator who has successfully completed training and been certified in the use of CVSA.
OCWI: The Department's Office of Child Welfare Investigations.
Overt Interview: A live, structured interview by a CVSA Examiner. The interview is conducted with the prior knowledge and consent of the subject of the investigation.
Subject of the Examination: The person who will be examined by the CVSA Examiner.
V. POLICY
This policy provides staff conducting OCWI investigations with standards and procedures for requesting and conducting CVSA interviews in OCWI investigations.
A. Use of a CSVA examination in an OCWI Investigation.
1.
2.
B. The OCWI Investigator shall use the CVSA results primarily to:
a. Verify, corroborate, or refute statements;
b.Obtain additional investigative leads; and
c. Narrow or focus investigations.
The OCWI Investigator shall not use the CVSA results as the final determinant in an investigation, or as a substitute for other sound investigation techniques.
Eligibility for a CVSA Interview
1.Interviews shall be conducted at the discretion of the CVSA Examiner, in accordance with Department policy and State and Federal law.
2. The CVSA Examiner shall not conduct a CVSA interview on any person who the CVSA Examiner believes to be physically or emotionally unsuitable for testing. This may include, but is not limited to:
a. Persons with heart conditions;
b. Women who are pregnant; and
c. Individuals taking certain types of medication that may interfere with the test results.
3. The CVSA Examiner may seek guidance concerning eligibility from medical or psychological professionals as authorized by the Department. The CVSA Examiner may request the person being interviewed to obtain a medical certificate from an appropriate health care provider in order to help determine eligibility.
4. Persons who are eligible for CVSA interview:
5.C.a. Any individual who is 18 years of age or older, who knows right from wrong;
b.
A child under 18 years of age:
i. Who knows right from wrong;
ii.Who has parental or legal guardian consent prior to theCVSA interview; and
iii. The consent is in writing and in the possession of the CVSA Examiner prior to the beginning of the interview.
Persons who are not eligible for CVSA interview:
a. Any person who has been forced or coerced.
b. Any person who has been indicted by a Grand Jury or formally charged for the crime in which the CVSA is being requested.
c. Any person previously administered an interview (CVSA, polygraph or similar truth verification testing), except under special circumstances and with the approval of the CVSA Examiner, OCWI management, and law enforcement.
d. Any person who has a mental or behavioral health disability or who is impaired by drugs or alcohol to the extent that the CVSA Examiner believes the interview should not, at present, be conducted.
Conduct of a CSVA Interview
1. Overt Interviews
a. The CVSA Examiner shall prepare all questions used in the interview.
b.The CVSA Examiner shall conduct the overt interview using approved CVSA Protocols;
c. The CVSA Examiner has the discretion to authorize other persons to be inside the observation room or the interview room during overt interviews.
2. Covert Interviews
a.
D.
E.
A covert CVSA will only be conducted in the following scenarios
i. The individual is the subject of a criminal conduc investigation and is refusing to meet with the Department in person; and
ii. If the individual has not already declined to participate in a CVSA.
b. The CVSA Examiner shall conduct the covert interview using approved CVSA Protocols.
c. Notice to or consent by the subject of the interview is not required for Covert CVSA interviews.
d. Eligibility questions are not required to be used in cover CVSA interviews.
e. The CVSA Examiner has the discretion to authorize other persons to be inside the interview room during covert interviews.
f. The OCWI Chief, or any Designees, approves or disapproves the request for a CVSA Interview in advance, based on available resources.
CVSA Records
1. Each CVSA Examiner shall maintain a log of all interviews conducted.
2. CVSA records shall be maintained in accordance with State records retention laws.
CVSA Equipment: OCWI shall maintain the Department's CVSA equipment to ensure its availability and accuracy of results.
F. Responsibilities of the CVSA Examiner
1. The CVSA Examiner shall refrain from any interview that may compromise the CVSA Examiner's integrity; for example:
a. The CVSA Examiner shall not conduct a CVSA interview on the CVSA Examiner's own investigative cases.
b. Only fully trained CVSA Examiners shall conduct CVSA interviews.
c. The CVSA Examiner shall keep all relevant certifications current, and, with the support of the agency, shall maintain proficiency in the use of CVSA equipment and interview techniques.
2.G.
VI. Only the CVSA Examiner shall make entries in CHILDS or reports related to CVSA results determinations.
Responsibilities of the OCWI Investigation.
1. When arranging interviews, the OCWI Investigator shall not explain to the subject of an investigation the procedures that will be used in the CVSA interview.
2. OCWI Investigators who are not CVSA Examiners shall not interpret or otherwise make any determination concerning the results of a CVSA in a report or in case notes.
3. The OCWI Investigator shall not interview the subject on the same day of the CVSA interview prior to the completion of the CVSA interview.
PROCEDURES: These procedures establish the process for an OCWI Investigator to request and conduct a CVSA interview during an investigation.
A.
B. Requesting the CVSA Interview.
1. An OCWI administered CVSA interview may be requested by an OCWI Investigator assigned to an OCWI Investigation.
2. An OCWI administered CVSA interview may be requested when:
a. The assigned DCS investigation includes at least one Criminal Conduct allegation, except as provided for in VI.(B)(3);
b. The subject of the examination is eligible under the Eligibility for a CSVA Interview criteria in section V.(B)(4); and
c. After collaboration and clearance from law enforcement.
Approval of the request for a CSVA interview
1. The request for an OCWI CVSA interview must be approved by the OCWI Chief or designee.
2. The OCWI Chief or designee has the discretion to deny the request for any reason, including lack of resources.
3.C. Arranging the Examination
1. The requesting OCWI Investigator contacts an OCWI CVSA Examiner.
2. The OCWI investigator and the CVSA Examiner review the case to determine whether a CVSA is appropriate for a person(s) in an OCWI investigation.
3. If a CVSA is deemed appropriate they determine which:
4.D. The OCWI Chief or designee may authorize, subject to available resources, the use of an OCWI administered CVSA interview on any DCS case for investigative or non-investigative purposes.
a. Subject(s) will be interviewed; and
b. Type of examination to conduct for each subject.
The OCWI Investigator works with the CVSA Examiner to arrange a date and time for each interview.
Preparing for the CVSA Interview
The OCWI Investigator provides the CVSA Examiner with pertinent information concerning the investigation.
E.1. If the subject of the examination requires an interpreter, the OCWI Investigator arranges for an interpreter or translator as determined by the CVSA Examiner.
2. The OCWI Investigator meets with the assigned CVSA Examiner:
a. The CVSA Examiner reviews available information pertaining to the investigation and if necessary, requests additional information from the OCWI Investigator;
b. The OCWI Investigator provides clarifying or elaborating information as the CVSA Examiner may deem necessary.
c. The CVSA Examiner develops the questions for the interview.
Conducting Overt CVSA Interviews
1. Should the subject of the examination be late for, or cancel, the appointment, the OCWI Investigator shall immediately notify the CVSA Examiner.
2.The CVSA Examiner shall determine the subject of the examination's health, medical history and/or use of medications as necessary to assess his/her ability to undergo the interview.
F.
G.
VII.
3. The CVSA Examiner shall obtain consent from the subject of the examination, and the consent is documented on the Consent to Computer Voice Stress Analyzer Examination Consent Form (DCS-1221A).
4. Consent for the CVSA may be obtained over the phone.
5. The DCS 1221A shall be kept in the case file.
Conducting Covert CVSA Interviews
1. The OCWI Investigator shall not inform the subject of the examination.
2. The CVSA Examiner shall not obtain consent from the subject of the examination. A DCS-1221A is not completed.
3. The CVSA Examiner shall not ask the subject of the examination eligibility or control questions.
Interpreting the CVSA Interview Results
1. The CVSA Examiner shall review the CVSA examination chart.
2. The CVSA Examiner shall reach one of the following two conclusions:
a. No Deception Indicated (NDI); or
b. Deception Indicated (DI).
3. The CVSA Examiner shall solicit a cold read by a second CVSA examiner.
4. The second CVSA Examiner independently shall read the chart and render an opinion.
5. The original CVSA Examiner shall render a final report.
6. The original CVSA Examiner shall enter the information into CHILDS.
7. The original CVSA Examiner shall store all related data according to policy.
8. The original CVSA Examiner shall provide the OCWI Investigator with the final report.
9. A copy of the report shall be kept in the DCS file according to the Department’s record retention schedule.
FORMS INDEX
Consent to Computer Voice Stress Analyzer Examination (DCS-1221A)
DCS 13-01 OCWI Computer Voice Stress Analysis
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