The enactment of a ruling that preserves the rights of children and families involved in the Children Protective Services system is critical for the preservation and survival of the African American and Hispanic families in this country. Children Protective Services (CPS) has one of the noblest missions in our country which is to protect children from abuse, neglect and exploitation, yet this government institution has adopted policies and practices which has unjustifiably destroyed most African American and Hispanic families. Regardless of whether these harmful policies and practices are intentional, without legislative intervention, CPS will continue to cause irreversible harm to vulnerable citizens. The CPS system is often unchecked; and consequently, an organizational culture that thrives in discriminatory and intrusive policies and practices has emerged to be the greatest threat to the nation’s “family first” value. I applaud the CPS system for highlighting in recent years the egregious number of disproportionate African American and Hispanic children they removed from homes and placed in foster care, but it has failed to implement an effective and sustainable plan to address institutional racism, cultural relevance factors, misperceptions of risk, serious case mismanagement, case sabotage, high staff turnover, professional misconduct, and poor quantity and quality of work of case workers causing such poor outcomes. It has failed to properly and timely orient children and families of their rights to timely competent legal counsel, to file complaints without fear of retaliation, to an adversarial hearing to challenge the removal of their children, to privacy, to seek services independently of the system, etc. The inequities in the CPS system can be linked to the untimely access to counsel, superficial power, abuse of authority, intimidation and the trampling over of the rights of children and families at every point of the process. The enactment of a ruling similar to the Miranda Rule will require CPS to timely inform children and families of their rights and empower children and families to protect themselves from the CPS system’s failures and underlying racism. Often, we as citizens, turn a deaf ear or blind eye to the all so frequent instances of bullying of CPS as an institution of government because the mission of CPS speaks to our value system and overrides these perceivably incompatible infractions. It is imperative that we charge the CPS system without further delay with a duty to honor the rights of children and families.

CPS is allowed to operate like the KGB in this country. The KGB was well known in the mid to late 1900’s, before the fall of the Soviet Union, to walk in homes in the middle of the night and rip children from the arms of their loving parents without question of civil rights, due process, and justice for all. Although CPS has many success stories which are often captured by the media, they have an alarming number of children and families removed from homes in which the alleged threat would have easily and best been addressed through social services support while the children remain in the home. However, the children are quickly removed from homes without due process, parent are not informed of the hearing dates and times, and are unaware that they have a right to an adversarial hearing to contest the removal of their children. These families are terrified of CPS and operate in fear. It becomes an uphill battle for parents and guardians to have their children returned when in fact the removal from the start was not justifiable under the law or through clinical judgment of a third party qualified professional. Counsel is appointed late and often oblivious to the case at the time of the hearing resulting in incompetent representation at the earliest and most crucial point of the case. These families are the same children and families that engage with other social services systems regularly and are successful without CPS involvement. These families may have a drug using parent in which often the drug use has no imminent risk of harm to the children. These families may have a recently incarcerated parent that CPS disregards completely as having parental rights regardless of the duration of their detainment. Parents may have experienced a sudden loss or change in income or health. Parents may have experienced a barrier to accessing services or lack the proper education to care for a special needs child. These issues are often addressed through the expertise of nurses, counselors, case managers, and social workers every day without CPS involvement. However, CPS receives notification of the break down in the family and exploits it through investigative tactics based in threats, fabrication and intimidation that crush the personal power, spirit, and hopes of children and families who already have pre-existing fears of government. Children and families are not given the empowerment that legislation could bring through a Miranda Rule that would inform them of their rights and allow them to enforce their rights early in the process.

It is a shame that murderers, serial killers, and rapists have more rights in this country than children and families involved in CPS. The Miranda warning statement historically has preserved the rights of a suspect, required a police officer to provide a warning statement to a suspect before performing interrogation, and allowed the challenge by counsel of the admissibility of statements (when the police officer failed to give the warning) in criminal proceedings. Although children and families involved in CPS are family court matters, these cases are rooted in criminal risk. CPS’s investigation practices, policies, and procedures are criminalizing and violate rights of citizens in a democratic society. CPS representatives are entering and searching homes without court orders. CPS representatives are making frequent and harassing calls and home visits that are not supported by law. Children and parents are interrogated about serious charges without properly being informed of their rights to counsel and the information acquired is used in a court of law. Often children and families complain that the documented information used against them in court proceedings is not accurate and the behaviors of CPS when collecting the information are described as threatening and intimidating. Children and families are commanded by CPS representatives to sign forms consenting to the removal of their children without being informed of their right to counsel or an adversarial hearing to contest the removal in a court of law. Life altering and disruptive decisions about children and families are often made under coercion and duress in this country because of the bullying practices of CPS. Children and families are unaware of their rights and the CPS system takes full advantage of their lack of knowing. CPS retaliates against children and families when they attempt to exercise their rights. A ruling enacted to preserve the right to counsel and a requirement that CPS representatives make a warning statement at the point of investigation to children and parents are desperately needed. Children should be allowed to have legal counsel, guardianship, or an adult of their choosing present during an investigation. Parents suspected of child abuse, neglect, or exploitation should be told that they can have legal counsel present at questioning or participation in the investigation process. Children should not be allowed to be removed from a school or public institution for questioning without legal representation, parental or guardian consent or a court order. Children should be asked if they would like to exercise their rights to counsel or have an adult witness. Children and families are not treated with dignity and respect throughout the CPS process. They have no recourse. Often times CPS blurs the lines of the power of the courts and their authority in case handling. CPS is an unconstrained system that acts as if they have the judicial system in their back pockets.

I am asking you to support the enactment of a ruling that requires CPS to make a statement that preserves the rights of children and families in our nation’s CPS systems when performing investigations and rendering services. If the primary aim of CPS is to strengthen, preserve, and reunite families that have real or unsubstantiated risk of abuse, neglect, and exploitation then CPS needs the hands of legislation to require them to not become what they are trying to prevent or change. Being governmental bullies reap poor outcomes for families. Families have been torn apart because of CPS’s abusive ways. Although CPS cases are civil suits in a court of law they have serious implications of criminal risk and nonetheless this system has the potential to do more harm than good to the most delicate fabric of our society, the American family. I ask you to lend a helping hand to make a much needed change.