Illegal child removals prompts local intervention against DCF

A local Judge is allowing the Department of Children and Families (DCF) to remove children without judicial oversight, according to a local non-profit organization.

Parent alleges official misconduct against Judge

STUART, FLORIDA - 11/21/02 -- A local Judge is allowing the Department of Children and Families (DCF) to remove children without judicial oversight, according to a local non-profit organization.

"DCF is removing children at a record rate and the court is allowing this behavior to continue," says Desere Clabo-Vandevender, Executive Director of Families Best Interest, an organization that provides family preservation services to at-risk families.

When a parent took her case to a higher court, seeking relief and oversight, the circuit court refused to rule sent the case to the same Judge that allowed the illegal child removal, according to the organization.

"This is nothing more than court-sanctioned kidnapping and families don't stand a chance, with no due process," says Clabo-Vandevender. "this parent attempted to protect her children and the court turned a blind eye. This is good ol' southern lawyering at its finest"

Florida mandates that if children are removed from their homes for prospective abuse, neglect or abandonment, that the court must review the removal to make sure that there is probable cause that the children are abused or neglected. The courts must give the parents an opportunity to defend themselves against the allegations.

" My boys were forcibly taken 3 months ago from DCF without a warrant, allegations, any paperwork, no hearing and no court order. I want my children back, they have a right to be home with me and their dad. I should at least have the opportunity to defend myself and prove that I didn't neglect my children" says Mary Evans , a local parent, seeking to have her two sons returned, " they have kidnapped my children and the court won't even allow me to talk. I filed a Writ of Habeas Corpus in the Circuit Court and he refused to do his job and issue the writ and make the Department and the other Judge explain why they still have my children, and why my children are being abused in foster care"

Miraculously, once Evans filed a complaint against the Judge, "orders" started appearing in the record.

"The nature of a writ of habeas corpus is to bring oversight to the lower court when it fails to comply with the law. Reassigning this case to the lower court is the equivalent of asking the court to evaluate itself, " says Barnes "And that is just plain wrong!"

Habeas corpus is a remedy allowed under the federal constitution to challenge the detainment of a human being, whether in jail or state funded detainment, like foster care.

Mary Evans filed a writ of habeas corpus on November 19, 2002 because there was no shelter care order to detain her children and Judge Fennelly refused to hear her concerns.

"I love my children... Christmas is coming...they need to be home" says Evans

However, Circuit Court Judge Bryan refused to hear Evans plea and reassigned the writ to Judge Fennelly.

"Now they are just trying to cover up their mistakes, my kids are still in care and they are still being abused, one has caught herpes while in care, will they be the next Rilya Wilson? These paper and orders didn't appear until after I started making complaints to the Judicial Qualifications Commission and seeking the help of another court, " says Evans

Parents of Florida's children have been coming out in droves complaining of inappropriate actions by the Department of Children and Families. The disappearance of 5 year old Rilya Wilson has brought much concern as to the Department's ability to properly train and supervise its employees and to care for the children under their supervision.

"An agency that has demonstrated such incompetence must have appropriate court oversight," said Barnes. "It's alarming when the courts seem to allow this out-of-control agency to operated unchecked."

"Parents will find the numbers reported by their own government alarming," said Cheryl Barnes, Director of CPS Watch, Inc., an organization that monitors child welfare agencies. "The public is under the impression that children are removed from their families only in cases of severe and life-threatening abuse or neglect."

Families Best Interest, Inc has formed an alliance with CPS Watch, who monitors state child welfare agencies across the nation by compiling and analyzing statistics states report to the federal government.

"Removing children without proper court orders is no less a crime than stranger abduction." states Barnes.

The watchdog group says that Florida removes children at a rate many times higher than the rest of the nation.

"It's disturbing to learn that the Juvenile court is allowing this out of control agency to operate unchecked. And worse, the court that is supposed to be checking the Juvenile court doesn't want to do their job either."

Barnes said that statistics show that once children are placed into Florida's foster care system they are much less likely to be returned home than in other states.

"Due process of law is the heart of our Constitution. America is a country that ensure families the right to live together peacefully without undue governmental interference."

The agency says the data DCF provides the National Child Abuse and Neglect Data System shows that many children the agency itself determines have not been either neglected or abused are still removed from their homes.

"Removal of a child from his parents and siblings without due process of law is child abuse," Barnes said. "DCF would do well to borrow from the century-old physician's tenet, 'at first, do no harm."

Barnes says her organization may consider filing a brief in Amicus Curiae to assist the mother in assuring her due process rights are met.

"These children must be returned, there is no excuse for such a blatant disregard for the law. Florida law provides no penalty to DCF workers who remove children without cause" states Clabo-Vandevender, " and Judges have absolute immunity even when they blatantly disobey the law. Our foster care system and caseworkers wouldn't be nearly as bogged down, if the court's were properly overseeing these removals and determining whether removal was truly appropriate to begin with"

A local law firm in Stuart, Mannikko and Baris , has filed suit against the DCF alleging similar violations.

The Office of Inspector General is currently investigating child removals in Martin County. Attorney Sally Savage represents the DCF in Martin County.

"Ms. Savage's response implies that it is not necessary to have a shelter hearing in the event the department wanted to remove a child from a non-licensed or relative placement. This is very concerning." states Paul Flounlacker, assistant General Counsel for the Office of Inspector General's office, " failing to provide the court with information not favorable to the department's position creates an appearance of impropriety, and violates the department's duty of candor to the court. I recommend that a Quality Assurance Review be done in this district to ensure that hearings are occurring appropriately"

This statement was made by Mr. Flounlacker more than one month after the Department removed the Evans children.

"The department knows that children are being wrongfully removed in this districtand has taken no action to ensure that it stops, nor has anyone reviewed this case for policy adherence" says Clabo-Vandevender

"It is time DCF unveils the secrecy and comes clean with the citizen's it serves," Barnes said. "Florida is ready for the truth."

RESOURCES:
Florida Child Welfare Statistics - http://www.cpswatch.com/stats/states/FL.htm