Family Forum / Parenting / Spanking / June 2006

Bullshit. Not unless it was unexplainable by those means.

Teachers and school administrators probably have the second highest
level of seeing and judging the reasons for injuries next to pediatricians.

And you know I'm not a 100% fan of public schooling so you know I'm not
"coming to their rescue." But simply being fair and honest.

You are a liar, Greegor. A happy dupe of the propagandists. They know
exactly how to use you and your delusions and fantasies.

I notice that in addition to repeating this bullshit as though it has
anything to do with "spanking children" you have also cut and pasted an
attempt to excite racist sentiments.

What difference does the race or ethnicities have to do with the
participants if it was NOT cited as a factor?

Did you mean to do the latter?

If so, why?

0:->

The absence of it does not prove that the CRB is FOR the families.

If you wish to petition them, there is NO formal process, but as I said,
and you've snipped again, nothing is stopping you.

They simply will ignore you though.

Why have you NOT tried?

Do you want ME to look up who to contact here in Iowa for you?

0:->

Get a J-O-B.  Hire a lawyer.

It's the American Way...

Sherman.

CPS, or other agencies do not have any jurisdiction over CRBs. Those
report directly to and under the control of the court.

Not one particular judge, except the supervising judge, or his or her
designate.

If you knew anything you'd celebrate CRBs, as they are a great pain in
the a.s to CPS workers. They know nothing about casework, or social
work, or child protection issues, but they want to run the case. It
takes about a year for a new panel member of CRB to begin, just begin,
to understand how dangerous that can be to the child and the family.

But you keep on with your ignorance, and if you have a moment see if you
can find how many times I've told you this already.

Do you realize just how childish you are?

0:->

http://www.ipt-forensics.com/journal/volume3/j3_4_7.htm

Just one paragraph from 1991

James and Mary Seay of Jacksonville, Florida were visited by H.R.S.
abuse investigators concerning an infant with black eyes whom they
allegedly picked up by the neck and would confine in their bathroom.
Whoever called this complaint to the toll free abuse hotline neglected
to mention that "Princess" was a raccoon.  The Seays explained to CPS
that their children were grown and it was necessary to pick up their
raccoon by the neck to avoid being bitten.  Two days later, an H.R.S.
worker called the Seays offering child abuse counseling to help them
cope with stress.  After repeating that Princess was a raccoon, the
Seays were told that they couldn't be helped if they persisted in their
denial.  They were instructed to attend counseling or charges would be
filed against them.  Upon arrival at the H.R.S. office complex, they
were informed by virology and security personnel that Princess would
have to be killed to check for rabies.  Why else, reasoned H.R.S.
workers, would a raccoon be brought to their offices unless a rabid
bite was suspected.  Finally, James and Mary and Princess convinced
child protection investigators that they were victims of a prank call
to the abuse hotline.  They received an apology for their inconvenience
but were listed in the "unfounded" category of the abuse registry
computer for 30 days as required by Florida law.  Had their ordeal
occurred during the previous year, before statutes were changed,
Princess would have been listed in the "unfounded" category for one
year.

Entire article:

http://www.ipt-forensics.com/journal/volume3/j3_4_7.htm
Volume 3 1991

Florida Abuse Registry Loses in Federal Court      Jeff Whalen*
A federal judge in Tallahassee, Florida ruled last year that the
"indicated-perpetrator unknown" classification of Florida's abuse
registry is unconstitutional.  Judge Maurice Paul granted the motion
for summary judgment because "Florida Statute 415.504 is facially
unconstitutional as it does not provide any procedural safeguard or due
process."  The relevant part of FS 415.504 read: "Any person named in
an indicated report shall not have the right to challenge the
department's classification system through the department or through
administrative hearing" (emphasis supplied by judge).  The ruling
resulted from a lawsuit by the Florida Teaching Profession-National
Education Association (FTP-NEA) in behalf of three educators and the
entire class of 211,000 persons listed on the "indicated" category of
the abuse registry computer.  Judge Paul's October, 1990 ruling opened
the door for 211,000 lawsuits against the Florida Department of Health
and Rehabilitative Services (H.R.S.).  The Florida Legislature, during
the spring, 1991 session, removed the "indicated-perpetrator unknown"
classification from state law books in order to avoid substantial
litigation costs.

Two years and two months after the horror of a false accusation, our
teachers' union lawyer handed over a $25,000 check from the state of
Florida.  My wife's award for damages resulted from an out of court
settlement over wrongdoing by child protection services.  But there has
been no admission of wrongdoing or apology from the perpetrator of a
child abuse industry.  Money cannot change the hell that ambitious,
self-serving bureaucrats have put us through.  Victory in federal court
and the ensuing change of Florida Statutes is small consolation for my
family's two-year nightmare of a false accusation.  Writing this
article is one more example of how my life is still consumed by the
ordeal.

Our success at obtaining justice is the exception rather than the rule
for over half a million Floridians caught up in the abuse registry web.
After joining other victims in our local lobbying and support group,
Citizens for Reform of Child Abuse Laws, Inc. (C.R.C.A.L.), my wife
Nancy and I have come to realize that many people have suffered much
more than we have due to a false accusation.  The founder of
Tallahassee's C.R.C.A.L. has watched her husband's health deteriorate
in prison for four years as the judicial appeals process creeps along.
The scales of justice are cautious concerning the appearance of "being
soft on child abuse."  Two other cases of incarcerated innocents are
apparent within our small group of a few dozen persons in this medium
size community.  Even in cases that are not prosecuted, the emotional
and psychological scarring of individuals and families is difficult to
measure.  Most victims of system abuse hesitate to come forward and
discuss their ordeal.  A common statement by child protection workers,
as shared in our support group discussion sessions, is "we can take
your child(ren) if you don't cooperate" - a powerful disincentive to
question authority. Non-cooperation often means not confessing to
allegations.  Child protection workers call it "denial."

James and Mary Seay of Jacksonville, Florida were visited by H.R.S.
abuse investigators concerning an infant with black eyes whom they
allegedly picked up by the neck and would confine in their bathroom.
Whoever called this complaint to the toll free abuse hotline neglected
to mention that "Princess" was a raccoon.  The Seays explained to CPS
that their children were grown and it was necessary to pick up their
raccoon by the neck to avoid being bitten.  Two days later, an H.R.S.
worker called the Seays offering child abuse counseling to help them
cope with stress.  After repeating that Princess was a raccoon, the
Seays were told that they couldn't be helped if they persisted in their
denial.  They were instructed to attend counseling or charges would be
filed against them.  Upon arrival at the H.R.S. office complex, they
were informed by virology and security personnel that Princess would
have to be killed to check for rabies.  Why else, reasoned H.R.S.
workers, would a raccoon be brought to their offices unless a rabid
bite was suspected.  Finally, James and Mary and Princess convinced
child protection investigators that they were victims of a prank call
to the abuse hotline.  They received an apology for their inconvenience
but were listed in the "unfounded" category of the abuse registry
computer for 30 days as required by Florida law.  Had their ordeal
occurred during the previous year, before statutes were changed,
Princess would have been listed in the "unfounded" category for one
year.

In 1988, H.R.S. centralized its statewide abuse reports with a highly
advertised, anonymous, toll-free hotline and a seven million dollar
computer to classify investigated reports of abuse/neglect.  Florida
Protective Services System (F.P.S.S.) statistics for FY '89-'90 reveal
that nearly 110,000 reports of abuse/neglect were closed during that
period.  Prior to centralization, abuse reports were handled in 11
districts statewide.  Of the three classifications for reports closed
that year, "unfounded" accounted for 57%, "indicated" for 29%, and
"confirmed" for 13%.  The majority of "confirmed" cases were overturned
on appeal or arbitrarily reclassified to indicated due to lack of
evidence.  There was no appeals process afforded to persons listed in
"indicated" reports.

A report of abuse/neglect that was classified "unfounded" maintained
the investigated child's name in the registry computer for one year.
The purpose for keeping unfounded reports was "to track patterns of
abuse," according to child advocates.  A report classified "indicated"
was maintained for seven years in the computer.  Indicated reports were
indexed by the name of the alleged victim and included any other person
named in the investigation, listed alphabetically as "significant
others."  Indicated reports covered the gray area between unfounded and
confirmed reports and were defined in the law books as "when an
investigation determines that some indication of abuse or neglect
exists."  A report classified "confirmed" maintained the name of the
confirmed perpetrator in the computer for 50 years and disqualified
that person from employment with children or the disabled.  A
background check is available to potential employers and is required by
law for certain jobs.

Statutes aimed at confidentiality defined who had access to such
reports.  Depending on classification, reports are accessible to as
many as 12 specified agencies or groups: child protection, law
enforcement, the state attorney. courts, professional regulatory
agencies, various state administrators, hearing officers, bona fide
researchers and potential employers.

A chronic failure by H.R.S. to abide by confidentiality laws
contributed to the successful FTP-NEA lawsuit.  The federal judge's
ruling agreed with that part of the motion which read "such information
(confidential reports) is then 'published,' giving rise to the 'stigma'
attached to being labeled an abuser."  Previous breaches of
confidentiality were so blatant that those legal precedents were
successfully argued to hold H.R.S. Secretary Greg Coler personally
responsible for misuse of registry information and denial of due
process.  The federal judge acknowledged Coler's failure to abide by
several previous orders by state judges to correct abuse registry
violations.  The teachers' union had prevailed in state court several
times at considerable expense, only to be ignored by H.R.S.  The class
action suit in behalf of 211,000 "indicated" citizens and the personal
liability of Secretary Coler was a strategy that finally got the
state's attention. FTP-NEA lawyer Ron Meyer was correct to recognize
the pocket as the most sensitive nerve.

My wife's false accusation was a classic case of CPS bungling and
provided a strong argument for the union lawsuit.  Suggestive
interviews by a CPS investigator produced inconsistent allegations of
an impossible incident from a child who admitted lying and being
coached.  Nevertheless, the case was confirmed against my wife but she
wasn't notified until nine months after her school, county, school
board, and state teacher certification office were all sent the
erroneous report.  Only after the lawsuit was filed did Nancy receive
notice that she was a confirmed perpetrator - H.R.S. "was sorry for
any inconvenience."  The appeals process can begin only after a
confirmed perpetrator receives formal notification and the accompanying
explanation of procedure.  We finally requested an appeal but the case
was overturned upon review and arbitrarily reclassified as "indicated"
by a mid-level bureaucrat.

Arbitrary reclassification from confirmed to indicated, upon appeal,
was a routine procedure by H.R.S. that enhanced department statistics.
By shifting weak confirmed cases to the unappealable indicated
category, a higher percentage of confirmed cases survived appeals and
remained confirmed.  Deputy director of F.P.S.S. George Hinchliffe
bragged that "85% of Florida's confirmed abuse cases stay confirmed,
that's much better than the 50% conviction rate for serious crimes in
1986."  Major Florida newspapers researched and interpreted H.R.S.
statistics quite differently.  The Orlando Sentinel found that 57% of
"confirmed abusers" who took their case to an administrative hearing
officer outside H.R.S. had the finding overturned and their names
ordered expunged from the registry.  Newspapers in Jacksonville and
Fort Lauderdale reported 92% of appealed cases were overturned during a
six month period.  The procedure of reclassifying reports upon appeal
was also a method of dealing with an overwhelming number of appeals by
an overburdened system.

Florida's abuse registry was controversial prior to the issues raised
in federal court.  State legislators were troubled to learn from
constituents that over 60,000 unfounded reports were annually listed
for a year.  The one year retention of unfounded reports was changed to
30 days in June, 1990 after one C.R.C.A.L. family lobbied our local
representative. C.R.C.A.L.'s lobbying efforts have been most successful
when working with rational legislators and pragmatic issues.
Self-proclaimed "child advocates" are often emotionally motivated and
not receptive to suggestions.  Child protection is a sensitive issue
for politicians.  Nobody is for child abuse but we all should want
effective child protection.  But some legislators and self-proclaimed
child advocates cling irrationally to bad laws and help set the stage
for failed child protection services and lawsuits against the system.
One representative argued against reducing unfounded reports from a
year to 30 days because "there would be no way to track the 10% of
unfounded reports that show up again."  The statistic that 10% of
unfounded reports are repeated does not "track patterns of abuse" so
much as it reveals the prevalent and pervasive reporting in Florida -
sometimes malicious.  A news article in the St. Petersburg Times
reported that one in 12 Floridians has been involved in an abuse
investigation.  The doubling of abuse from 1983 to 1987 in Florida does
not reflect an increase in abuse of much as the hysteria surrounding
abuse.

The policy of tracking patterns of abuse by amassing computer lists of
unconfirmed cases hurts both child protection and the falsely accused.
The cycle of child abuse hysteria, over-reporting, unconfirmed cases,
and wasted resources contributes to impossible caseloads, overburdened
caseworkers, sloppy investigations and false accusations while real
abuse is often overlooked and neglected.  One family's painful
experience with a false accusation started with multiple malicious
reports called in by an emotionally disturbed relative.  The reports of
abuse and neglect were closed unfounded but the sheer number of reports
resulted in an "indicated" listing for the whole family of mom, dad and
four kids.  Several years later, the father was falsely accused of
improper touches by three female students at the middle school where he
coached physical education.  One girl later admitted the conspiracy "to
get coach fired" because they received bad grades.  Meanwhile,
investigators pursued the case very aggressively and suspiciously
because of previous unconfirmed reports on the family.  The family was
separated with dad in jail, the youngest daughter was taken from her
school (without family knowledge or permission) for physical exams and
suggestive interviews, and the mom was told by zealous investigators
that her husband was a sick pedophile and until she cooperated, she was
protecting him.  Three months and five hearings later, CPS lost their
case and the family was reunited.  But the office of state attorney had
committed its resources to the sensational, high profile case of a
teacher accused by students and couldn't back off without losing face.
Several more months and $75,000 later, the coach was acquitted of
criminal charges.  "The system works" we are told.

Many people caught up in the abuse registry web are not victims of a
malicious false accusation or prank calls to the abuse hotline.  They
are victims of well-intentioned but not well-thought-out laws and an
unresponsive bureaucracy of overzealous, undertrained workers.  One
C.R.C.A.L. family was investigated and the youngest daughter listed
unfounded for one year after their pediatrician reported "neglect."
The parents were concerned about their daughter's one and a half years
of nearly continual antibiotic therapy for chronic ear infection and
chose not to fill a prescription.  The pediatrician is required by law
to report neglect in such cases.

All of those persons included in the legal definition of "primary
caregiver" (of children) can be prosecuted for not reporting a
suspicion, no matter how slight.  Those required by law to report
suspected abuse or neglect are sometimes faced with the conflict of
which channels to use.  A teacher was scolded by CPS for reporting a
potential problem to the school principal, through the public school's
channel, instead of reporting directly to CPS.  Far reaching laws
combined with our liability conscious society contribute to over
reporting.

Amid the controversy, Florida has moved toward a new and improved CPS
and social services in general.  The legislature has provided more
child protection laws and our new governor is fulfilling his campaign
promise to reorganize H.R.S.  Within a month after the FTP-NEA lawsuit
was filed, legislators created a fourth registry category, "proposed
confirmed," which included a new appeals schedule.  That attempt to
address the due process issue and thus intercept the lawsuit failed due
to the folly of retaining the old "indicated" category.  "Indicated"
was soon to be ruled unconstitutional.  We will be watching to see if
the new appeals procedure can provide the due process that the old
appeals procedure failed to provide.  An executive/legislature mandated
task force has reorganized H.R.S., shifting decision making from the
state capital to 15 district planning bodies.  Even the name "Health
and Rehabilitative Services" has been targeted for a public relations
change.  "Rehabilitative" is considered and inaccurate and
uncomfortable terminology in the social services lingo.  Governor
Chiles has asked Floridians to suggest a new name for H.R.S. in keeping
with his decentralized, grassroots approach.

Many are skeptical that top-down restructuring will improve social
services.  As we pointed out in a C.R.C.A.L. recommendation, the
erroneous theory and method of CPS, employed from the bottom up,
remains unchanged.  CPS interviewers are still trained with axioms like
"err on the side of the child" or "disclosure requires many
(suggestive) interview sessions" or "believe the child no matter what."
A monopoly of professional doctors, psychologists, and therapists
contracted to state services has acquired a vested interest in child
abuse and perpetrates the "quantity not quality" approach to child
protection.  We recommend broadening the pool of state contracted
professionals to achieve objectivity in working with abuse.

Many good bills introduced in the legislature would bring
accountability to CPS but they were voted down for various reasons.  A
bill removing anonymity from allegations and providing for prosecution
of malicious accusations was defeated.  The anonymous, highly
advertised, toll-free abuse hotline is an invitation to mischief and
nobody has ever been held accountable for false reporting in Florida.
Another bill provided compensation for the legal fees incurred by
persons who prevail in their appeals and prove their innocence.  That
bill was defeated because of the prohibitive cost of such compensation,
yet Florida's eight billion dollar social service agency is purportedly
the largest in the nation.

Rational, accurate, effective child protection could save many wasted
resources and reduce the large number of unnecessary appeals at the
same time.  There is much work to do.