Thursday, November 30, 2006

Federal Funding: Kidnapping & Death of Our Own Children

1/2 Million American Children in State Custody on any given day, a revenue feeding frenzy of abuse for billions in Federal Funding. This web of corruption runs deep: psychiatrists, drug companies, shelters, judges, attorneys, caseworkers, and the huge lobbying group that secures the billions in federal funding, The Child Welfare League of America. It can happen to you.
THE STATE collects Federal Funding, (See 42 USC §670-679b) in the hundreds of thousands of dollars and more per state (17 Trillion in 2004 total), from the United States Government – PUBLIC MONIES - in the form of Title IV (Parts B & E) funding, mandated to be used primarily for reunification purposes (42 USC §671) and for the care of minors of which it has temporary custody of, Medicare payments, adoption subsidies, as well as collecting other additional grants/payments.
The federal law on child abuse and neglect is found primarily in Title IV-B&E of the Social Security Act. Title IV-B&E offer funds to the states variously for family preservation and support services, child welfare services, state administrative costs in administering child welfare programs, foster care payments, and adoption subsidies. Federal money, under the legislation passed by Congress over the past 25 years, is available only if the state meets eligibility requirements. Similarly, these funds can be withdrawn if requirements are not met. This never happens due to the corruption of the system and its many players.
This child welfare “practice” was first introduced under the 1974 Walter Mondale CAPTA (Child Abuse Prevention and Treatment Act, P.L. 93-247, 88 Stat. 4, 42 USC §5101-5107), the legislation that began feeding federal funding (Social Security Act Title IV-B) into THE STATE(s)’ monstrous, self-perpetuating child welfare agencies and their numerous contractors.
This apparent revenue-feeding frenzy of THE STATE(s) was further embellished in 1980 with the Adoption Assistance and Child Welfare Act, P.L. 96-272, 94 Stat. 500, 42 U.S.C. §670-676 (and amending §620-628) through Title-E of the Social Security Act. These federal foster care reimbursements (revenues to the STATES) are usually channeled through the Title IV-B&E sections of the Social Security Act, but include other sources as well. Mandated to be used to PREVENT REMOVAL and KEEP FAMILIES TOGETHER, but then they miss out on the HUGE adoption subsidies and payments to all the state contractors, and there are many.
--VIOLATION OF CFR SECTION 1356.21(d) Documentation of Judicial Determinations (Must be supported by explicit evidence): (1) The judicial determinations regarding contrary to the welfare, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and so stated in the court order. (2) Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations. (3) Court orders that reference State law to substantiate judicial determinations are NOT acceptable, even if State law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the child’s welfare or that removal can only be ordered after reasonable efforts have been made. --VIOLATION OF PUBLIC LAW 96-272: Judicial determinations are required to be explicit, made on a case-by-case basis, and so stated in the court order. The basis for this policy can be found in the legislative history of the Federal foster care program. The Senate report on the bill that became Public Law 96-272 characterized the required judicial determinations as “…important safeguard(s) against inappropriate agency action…” and made clear that such requirements were not to become “…a mere pro forma exercise in paper shuffling to obtain Federal Funding…” (S. Rept. No. 336, 96th Congress, 2d Session. 16, 1980) “We concluded, based on our review of States’ documentation of judicial determinations over the past years that, in many instances, these important safeguards had become precisely what congress was concerned that they not become.” Federal Law on Child Welfare