"Diversity on the bench is critical. As practitioners, you need judges who 'get it!' We need judges who understand what discrimination feels like. We need judges who understand what inequality feels like. We need judges who understand the subtleties of unfair treatment and who are willing to call it out when they see it!" Debbie Wasserman Schultz

Saturday, August 27, 2011

A Mother Challenges the Abuse of Power by LA County Department of Children and Family Services and Dependency Court

Mothering is reciprocal. It is not just something we do for our children. It defines us, and it liberates us. When we can mother in a powerful, creative, and transformative way, we can more easily move between our role as mother and our other roles as women, embracing all of our passions, without believing that being a devoted mother compromises us. When being a mother comes from our strengths and our positive opinions of ourselves rather than from an imposed script, we will easily embody a powerful feminine presence.
Peggy O’Mara publisher, editor and owner of Mothering Magazine.


 You are my son whom I love!!!

The Beginning; HOW THE STORY BEGAN

The birth of my son was the most important event of my life; a gift from Heaven. When I found out I was pregnant, I put so much effort into eating right (mostly organic), avoiding preservatives, sugar, and no dangerous chemicals. I did lots of reading about healthy pregnancy, specific topics such natural birth, reading about healthy parenting styles, vaccinations,  keeping children safe, and I attended several birth and parenting classes.  I was in awe and so excited to know that a life was growing inside me. I also endured a very sick pregnancy, but my sickness did not dampen the excitement of receiving my little bundle of joy. Like any mother to be, I’d wonder about what the color of his hair or eyes would be, what his personality would be like or what sort of things he would like. I would day dream about his first years of life, how hard it would be to drop him off at preschool on the first day, I would wonder what he would be like as a teen or how much I would miss him when he moves away to go to college.

At birth my son had minor feeding difficulties, but he was quite alert, happy and an adorable little boy. The first few months he struggled with his sucking reflexes, for which I was getting help from a lactation consultant and two pediatricians (one holistic). His weight slowed down gradually around seven months he began to fail gross motor milestones. He also presented some sensitivities and symptoms that are common in children/adults with Sensory Processing Disorder. I worked with medical professional to address those issues.

Soon after birth, I found myself in a very conflicting and tough custody battle with my son’s father who has friends and influence in LA County through family members. The conflict with the other parent became enormous as the other parent began to use our son's condition as means of advancing his legal agenda. My son's father accused me of not feeding my son in front of a nutritionist who called DCFS. Social workers showed up at my doorsteps and the witch hunt began.
Soon after meeting the social workers I realized that their intent was not to help my son, but it was to help the father with his personal vendetta agaisnt me. Social workers omitted evidence I presented them in order to clear myself of any wrong doing. I was falsely accused of neglect in Nov 2009 by DCFS. In my quest to defend myself (because I knew I had not neglected my child), I found out that  my son’s symptoms were a result of a medical condition that was not properly diagnosed by DCFS’ nurses, and physicians. Instead my choice to breastfeeding, my holistic approach of medicine and my parenting style (Attachment Parenting, Nonviolent Parenting) were used against me to prove the allegations that I had willfully and intentionally "starved" my child. Although my son was very small, he did not present the signs of malnourishment or starvation. He was healthy over all with significant delay in gross motor functions and speech.
I showed DCFS proof that since my son turned 7 months his weight began to decrease and that I worked with two pediatricians closely to monitor his weight issue. Since most developmental disorders start early in infancy, I knew there was an explanation for my son's symptoms other than I starved him. Instead of looking at the evidence, DCFS social workers began to try to use the evidence of how I helped my son thrive against me - to the point that they accused me of having Munchausen Syndrome by Proxy. This diagnosis was reached without any competent mental professional making an evaluation. This was only the word of social workers who did not have an expertise and/or professional education on mental health to make such diagnosis. Munchausen Syndrome by Proxy, is a mental disorder and form of child abuse in which a parent induces real or apparent symptoms of a disease in a child.

Upon detention, I hired expert medical witnesses (nationally recognized doctors) to address the health issues the county physicians were hiding and purposely manipulating. These experts publicly challenged the LA County's false allegations proving that there is something medically wrong with my child not neglect on my part as stated by DCFS social workers and physicians. The experts diagnosed my child with a neurological condition; Microcephaly cause by possible brain abnormality or a rare syndrome, but they wanted to run tests to confirm the diagnosis. The county's physicians and DCFS workers opposed these test and went  to great length to convince the Court of not granting it.

County physicians denied the need of testing and accused me of further putting my son in harm's way by having experts suggest that my son get an MRI. What was troubling is that children who are diagnosed with any abnormality or disorder usually get an MRI as a medical routine.  Even after detention my son's weight was suboptimal. According to the experts, if my son's weight issues were cause by me, then within six months he would have made great strides, but he wasn't improving. County doctors would lie on their reports to the Court stating that my son was improving when in fact  he was growing at the rate the experts who testified on my behalf said he would. There is evidence that social workers in the case asked medical professionals to change their diagnosis to make me look guilty of starving my son. Such triangulations have resulted in a heartbreaking separation between me and my son whom I love with all my heart. Why should my son be deprived of his mother’s love and care?
Why would DCFS opposed the testing?: The Witch Hunt
DCFS social workers and physicians intentionally fabricated twisted, exaggerated and misrepresented medical evidence and reports during visitations to obtain a court order to make me look unfit, terminate my parental rights, provide no reunification and conclusion that I had MSBP. DCFS opposed proper testing to be done in order to manipulate the proceedings and hide their true motives. They didn’t care to find out what was wrong with my child. There was no reason why my son could not get testing if these tests are standard, reasonable and necessary when a child is diagnosed with a neurological disorder. I realized then that this was not about the well being of my son, but a way of specific people within DCFS to make an example of me for not "rolling over" and keeping quiet, as well as the influence of an interested party gain legal advantage over me.
My case is very complex because the agency had improperly sustained the allegations with the help of a Dependency judge who serves in the LA County Death Review Panel along with the doctors contracted by DCFS who misdiagnosed my child. This judge never disclosed her working relationship with the County's physicians, instead she retaliated against me and the experts for exposing the bias and conflict of interest. 

Civil Rights Violation - A Traumatizing Evil
“Truth is powerful and it prevails.” Sojourner Truth 

Practice of social work by practicing fraudulently, incompetently and violating positions of trust and dependency by committing acts detrimental to a client is deeply damaging, reproachable and quite evil and it should be exposed. 
Disability harassment is a form of discrimination prohibited by Section 504 and Title II of the ADA.  DCFS must abide by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA) which prohibit discrimination on the basis of disability. Section 504 prohibits recipients of federal funds from discriminating on the basis of disability.
Such triangulations mentioned above have resulted in a violation of my civil and constitutional rights by DCFS. Prohibited Disability Harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's disability and when the conduct has the purpose or effect of interfering with the individual's case or receipt of benefits that any other person with the same disability would otherwise receive, creating an intimidating, hostile, or offensive environment during the handling of the case that negatively affects the individual's health due to their disability. Also, acts interfering with one's ability to participate in or benefit from services or an educational program or activity is considered harassment. Such harassment may occur where conduct is directed at the characteristics of a person's disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like.
As a mother who loves her son and who was unjustly separated from him, I have fought with the limited resources at my disposal for my son’s health and for our reunification. County resources have gone into making false charges, misdiagnosis and wrongful removal of my son.  Yet, children who truly need protection are not getting it while other families are unjustly and unnecessarily being torn apart.

The threatening remarks often came with a passive-aggressive behavior intended to punish me for even questioning DCFS's claims. I was exposed to substances that can cause me an allergic reaction and adverse effect to my health to the point I had to be rushed to the ER after a visit with my son. This is one of the many ways how DCFS used my health challenges (disabilities) against me. Having visits with my son all too often were in dirtiest rooms, which was detrimental to my health because it would trigger a series of allergic reactions.  The badgering I received from a social worker after refusing to sign transfer papers that I thought were against the interests of my son, sent me into a "shock" which caused me involuntary shaking and my blood pressure to drop. DCFS would provoke these "shocks" then, the workers would claim that I behaved in an odd way during visits with my son. The badgering was so detrimental to my health that during one visit, I nearly passed out due to my blood pressure dropping to low levels.
Clear evidence showed that I am a mother who is very loving and caring who was only trying to do everything in her power to get her child the medical help he needed.  Instead, DCFS social workers minimized my efforts, bullied me, treat me in an overbearing and intimidating manner to prove their allegations.
After so much complaining to several county entities about the discrimination I was subjected to and fighting with DCFS, I received an admission of the violation of my rights in a letter from DCFS Civil Rights Compliance Section on October 4th 2010, saying that “there is evidence that the Department staff involved in your case subjected you to inappropriate conduct, denied you benefits or services or treated you disparately based on your disability. It is the policy of the Department to treat all people equally, with dignity and respect. We feel that these standards were not met in the processing of your DCFS case.”

I wouldn’t want to see any other parent go through what I’ve been through

Inappropriate practices by DCFS end up wrongfully accusing any parent and removing children from fit homes. The stories of such traumatizing and evil practice by DCFS are numerous. This must be stopped. I have fought DCFS vigorously to defend my rights and the right of my child to appropriate medical care. Due to deep pockets and unlimited resources the County of Los Angeles possess, I have been discriminated and blocked from getting justice. Huge efforts to minimize and manipulate my claims have been made.
 As a result, contact with my child is reduced to very limited time, and only with monitored visits.  I am required to pay for the cost of the monitor - which I am having increasing difficulty finding the resources to do so.  This punishes my child  and I for my alleged transgressions.  My resources have been drained as a result of the litigation involved in this case. I can no longer continue to pay for legal representation and I am left unrepresented as I try to protect my son and defend myself in family law proceedings. These family law proceedings that are aimed to further strain me and deepen the emotional pain from the separation from my child.
Any form of discrimination is vicious, cruel and the misused policies, unethical practices, and questionable procedures employed by DCFS workers, county doctors and judges towards fit parents are a real travesty of justice.
Right to Petition in the United States

The right to petition government for redress of grievances is the right a citizen has to make a complaint to, or seek the assistance of, right to sue one's government, without fear of punishment or reprisals. A discriminated party is constitutionally protected by the First Amendment.
I have embarked on a journey to hold DCFS accountable for violating my civil rights, fabricating false evidence, violating my constitutional rights to Due Process under the Fourth and Fourteenth Amendment. My child and I have been subjected to unnecessary emotional trauma, a painful separation and I have suffered financially due to DCFS illegal practices. No money can never make up for all the pain my son and I have suffered but challenging the County of Los Angeles and the Department of Children and Family Services with a civil rights lawsuit may be the only way to get transparency and change from this agency.

How can you help?
 I have set up a legal fund to maintain competent legal counsel and pay for the monitored visitations


I have begun the steps to challenge the County of Los Angeles and the Department of Children and Family Services in a civil proceeding. I have literally spent all my financial resources fighting these false allegations.
Only justice can help heal the wounds and trauma that so many families have to endure because of these illegal practices. Unfortunately, it is very expensive for families to have access to our broken justice system, so they give up. I have decided to persevere despite my lack of resources.
Currently, I am asking for your help to maintain competent legal counsel. Any donation is welcomed. No amount is to little.

The more families stand up, the harder it becomes for DCFS to hide

Unless fit parents and the public rise up and challenge the County's Supervisors who are allowing these travesties to occur, then it would continue and such practices won't change!
I have met with families who have gone through these very traumatizing experiences and the truth is that this can happen to any family despite your race, socio-economic background, education or fitness. This can happen to anybody!

My Advocacy
The core of my advocacy is aimed to bring a bill to CA just like it was established in the state of Florida that makes it against the law for social workers to lie in Court proceedings. I also advocate for DCFS to stop violating federal law by denying families the implementation of the Reasonable Efforts Act. It is for financial reasons that DCFS does not adhere to federal regulations of providing family maintenance and keeping more families together if reunification is possible. The statistics are alarming of how children are more abused in foster care than left with a family that receives services.


Under the Reasonable Efforts Act, the State must make reasonable efforts to:
  1. maintain the family unit and prevent the unnecessary removal of a child from his or her home, as long as the child’s safety is assured;
  2. effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and
  3. make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible.  45 C.F.R. §1356.21(b). 
 http://jec.unm.edu/resources/benchbooks/child_law/ch_38.htm

Florida legislators passed a law making it a felony for child-welfare workers to falsify records.
In Florida, nearly half of the DCFS employees and contract workers who falsified records in 2007 and 2008 were prosecuted, according to state and court records. Only three states have this law in place. Please note that in these states hearings are OPEN TO THE PUBLIC, so it is harder to cover up these practices.
http://www.ncsl.org/print/cyf/cwlegislation04.pdf


Lina Duval, madre del pequeño Ryan de dos años, perdió la custodia de su hijo en 2009. Según la madre, Ryan fue porque padece de una enfermedad congénita. Según el DCFS fue porque la madre fue negligente. "Si hubiera tenido dinero para pagar un abogado y demostrar que no fue descuido de mi parte que desarrollara esa enfermedad, no me lo hubieran quitado", dijo Duval.
http://www.impre.com/laopinion/noticias/la-california/2010/12/19/madres-piden-que-les-devuelvan-228959-1.html


Community Dialogue: Budget Cuts, Child Welfare & Poverty
DCFS Give Us Back Our Children Panel Los Angeles, December 11, 2010                              ************************************************

Other families are challenging the system

Recently, a mother was awarded $4.9 million dollars after two county social workers lied to a juvenile court commissioner in order to take away the woman’s two daughters. . 
http://taxdollars.ocregister.com/2011/04/21/county-loses-4-9-million-lawsuit-challenge-over-lying-social-workers/81039/

Marshall family in a civil rights lawsuit against the County of Los Angeles and the Department of Children and Family Services reached a $220,000 settlement. http://stopdcfscriminals.blogspot.com/2011/05/la-county-settles-civil-rights-suit.html

Disorder in the Courts: Mothers and Their Allies Take on the Family Court System

http://www.lundybancroft.com/child.html


More stories: Open Battle for Transparency

http://discussions.latimes.com/20/lanews/la-me-0915-death-records-20110915/10

http://www.latimes.com/news/local/la-me-foster-homes-20110712,0,5127877.story

http://www.latimes.com/news/la-mew-child-welfare-chief-quits-mobile,0,7142768.story

http://www.latimes.com/news/la-me-child-welfare-audit-20110801,0,6361570.story?obref=obinsite

http://articles.latimes.com/2010/dec/19/opinion/la-ed-dcfs-20101219

http://witnessla.com/los-angeles-times/2011/admin/la-times-editorial-slams-supervisors-and-own-coverage-re-dcfs/


4 comments:

  1. samething happened to me i got court on November 18 they took both my kids! my bby is 2 and has been away 2 years i was accused of rape and much more after the social worker kept harrassing me and threatning me!

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  2. I was wondering if this woman ever got her son back? such a horrific story. I agree 100% that DHS has way more power than they should. And that some think they are qualified physicians and/or psychologist.

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  3. No, mother has not gotten her son back. She is still not backing down from seeking accountability!!

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  4. No, mother has not gotten her son back. She is still not backing down from seeking accountability!!

    ReplyDelete