NP Rank:
Nicholson v. Scoppetta Class Action Lawsuit Decision
Nicholson Class Action lawsuit
New York, NY - The city's Administration for Children's Services (ACS) has agreed that it will follow the law in child welfare cases involving domestic violence: ACS will not remove children from battered mothers and will not claim that victims of domestic violence are neglectful parents. In settling the class action lawsuit Nicholson v. Scoppetta, the city ends four years of litigation in which it was found to have violated the constitutional rights of battered mothers and their children.
Since June 2002, the city has operated under an order barring ACS from continuing to remove children from victims of domestic violence and from charging them with child neglect. The order will expire on December 31, 2004. Under the terms of the settlement, attorneys for the mothers and the children will monitor ACS through September 2005 and can return to court if the constitutional violations reoccur.
Nicholson received nationwide attention as the first case in the country to challenge as unconstitutional child welfare practices that punish rather than protect domestic violence victims and their children. The lawsuit forced ACS to engage in a widespread revision of its practices in domestic violence cases and,k by conservative estimates protected more than 1000 children from unlawful removal from their mothers. In the wake of Nicholson, the New York legislature amended the law to provide that child welfare agencies throughout the state be meticulously trained on issues of domestic violence.
The case's reach extended beyond domestic violence victims and their children. The case drew attention to the inadequacy of legal representation for poor people, spurring the New York legislature to increase the rates paid to assigned counsel for all indigent litigants in the family and criminal courts to $75 per hour. The attorneys were previously paid as little as $25, leading to a dearth of qualified counsel.
Further, in October, as part of the appeal process, the state's highest court ruled that child welfare agencies throughout the state are prohibited from removing children from any parents, particularly without court order, without considering the harm to the child of removal.
Since the case began, ACS has paid more than $3.5 million in settlements to individual mothers and children.
The plaintiff mothers are represented by the law firm Lansner & Kubitschek and Jill Zuccardy, Esq. of Sanctuary for Families. Center for Battered Women's Legal Services. The children are represented by Legal Aid Society Juvenile Rights Division and Lawyers for Children.
In its January 12, 2004 issue The Nation lists 20 events in its "Good News for Women" report. The Nicholson decision was Number 14. "In New York, the US Court of Appeals for the Second Circuit upheld the 2001 ruling in Nicholson v. Scoppetta that child services can't take away the children of battered women." Nicholson v. Scoppetta, New York Court of Appeals
THE NICHOLSON V SCOPETTA CASE DECISION
In a strongly-worded unanimous decision, New York's highest court ruled today that victims of domestic violence who are beaten in the presence of their children are not neglectful parents. The Court also ruled that a practice of removing children from battered mothers without court order violates state law.
In 2002, a federal judge had ruled in the class action Nicholson v. Scoppetta that the City's Administration for Children's Service had a practice of removing children from battered mothers and charging the mothers with child neglect. Last year a federal appeals court referred the case to the state court for a decision as to whether that practice was unlawful.
The state court's decision has broad implications not only for domestic violence victims but also for all parents involved in the child welfare system. The court explicitly ruled that child protective services should not remove children from their homes without court order except in rare circumstances. The court ruled that judges should not order removal without making a factual inquiry on the need for the removal. Judges considering removal must also determine whether other steps, such as removing the batterer, would eliminate the need for removing the children. Finally, judges must balance the harm to the children from removal in deciding what course to take.
The case of Nicholson v. Scoppetta was filed in federal court in January, 2000, and was later certified as a class action lawsuit on behalf of all mothers who were victims of domestic violence and their children. After a two-month trial including numerous child welfare and domestic violence experts, the federal judge issued a decision in March, 2002, finding that the City had a policy of routinely charging mothers for "engaging in domestic violence," and removing their children, and that such a policy was unconstitutional. Since June, 2002, the City has operated under an order barring the City from continuing to remove children from victims of domestic violence and from charging them with child neglect.
Nicholson v. Scoppetta is the first lawsuit in the country challenging government practices that victimize battered mothers and their children.
The plaintiff mothers are represented by the law firm Lansner & Kubitschek and Jill Zuccardy, Esq. of Sanctuary for Families' Center for Battered Women's Legal Services. Legal Aid Society and Lawyers for Children represent the children in the lawsuit.
Nicholson v. Scoppetta, United States Court of Appeals
The United States Court of Appeals for the Second Circuit issued an important and favorable ruling in Nicholson v. Scoppetta, 2003 WL 22130666 (2d Cir. 2003). The court found that New York City Administration for Children's Services had a policy of charging victims of domestic violence with being neglectful as a result of "exposing" their children to domestic violence and removing their children. The court found that the problem was sufficiently widespread to require judicial intervention. The court also found that such policies could be unconstitutional. The court stated that New York law on the subject was not clear and referred three questions to the New York Court of Appeals in Albany: Whether allowing your child to witness domestic violence against yourself constitutes neglect under New York law; whether the injury, if any, to the child from witnessing the domestic violence constitutes imminent risk allowing ACS to remove the child without court order; and whether allowing the child to witness such domestic violence is sufficient to allow a Family Court order of removal without additional, particularized evidence.
The decision leaves the preliminary injunction in effect and has held the appeal in abeyance pending the determination by the New York Court of Appeals. The court also found that plaintiffs has not waited too long to seek a preliminary injunction. The decision was written by Judge Katzmann and joined by Judge Oakes. Judge Walked dissented. The court did not deal with the assigned counsel payment rate at this time.
The New York Court of Appeals will schedule arguments on the questions, and may accept further briefs on the issue.
"In anticipation of the preliminary injunction ending, we [the Nicholson Review Committee] would like to summarize our major activities related to enforcement and compliance, including the status of the complaints we've received, and provide an assessment of how ACS compliance is proceeding, particularly as this may bear on future actions taken by the court or other parties." Abuse in Foster Care
Foster Children in California and eight other western states will be safer in their foster homes as a result of an appeal argued by Carolyn A. Kubitschek before the United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit en banc ruled that foster children who are placed in dangerous foster care placements can sue the agencies and staff who failed to protect them from harm. The Court overruled its 14-year-old precedent which had given absolute immunity from liability to foster care organizations and staff.
Miller v. Gammie, (July 9, 2003) 335 F.3d 889 (9th Cir. 2003).
Landmark Preservation
The New York City Landmarks Preservation Commission has designated our building, at 325 Broadway, a historical landmark.
Recent Publications
Human Rights, Volume 32, No. 1, Winter 2005
"Holding Foster Care Agencies Responsible for Abuse and Neglect" By Carolyn A. Kubitschek
New York County Lawyer, Winter 2004
"NYCLA Submits Amicus Curiae Brief in Support of McGrath V. Toys 'R' Us, Inc." By Carolyn A. Kubitschek
See Stipulation and Order of Settlement. New York Times Articles
New York Times article, December 18, 2004
"Abuse Victims And the City Settle Lawsuit"
New York Times article, November 28, 2003
"Abused Mothers Keep Children in a Test of Rights and Safety"
New York Times article, September 15, 2002
"City to Settle Over Removal of Children" Other Articles
New York State Law Digest, New York State Bar Association, No. 541, January 2005
"Removing Children from Domestic Violence Setting Based Only on Child's Witnessing Domestic Violence"
Trial Magazine, January 2005
"In New York, Battered Mothers Not Presumed Neglectful"
Youth Law News, October-December 2004, Vol. XXV No. 4i, p. 7
"New York Raises the Bar for Interdisciplinary Practice In Family Violence Cases"
New York County Lawyers Association Article
"Court of Appeals Rules in Favor of Precedent-Setting Case Argued by NYCLA Member"
New York Law Journal, December 20, 2004
"City, Agency Settle Suit Over Children of Battered Mothers"
Pro Bono News, Fall 2004
"Small Law Firm Wins Major Domestic Violence Ruling"
By David J. Lansner
Trial Magazine, October 2003
"Justice for Abused Foster Children"
By Carolyn A. Kubitschek Nicholson Decision is "Good News for Women" http://www.thenation.com/doc.mhtml?i=20040112&s=pollitt
Decision, October 26, 2004
Nicholson v. Scoppetta Webcast of September 8, 2004 - Oral arguments
City's reply brief for New York Court of Appeals
Subclass A's brief for New York Court of Appeals
Subclass B's brief for New York Court of Appeals
City's brief for New York Court of Appeals
Nicholson v. Williams, US Court of Appeals Decision, September, 16 2003, 344 F.3d 154 (2d Cir. 2003) Other Nicholson Documents
Nicholson v. Williams, Decision on Preliminary Injunction, March 18, 2002, 203 F.Supp. 2d 153 (E.D.N.Y. 2002)
Nicholson v. Williams, Preliminary Injunction, January 3, 2002, 181 F.Supp. 2d 182 (E.D.N.Y. 2002)
Nicholson v. Williams, Class Certification Order, August 16, 2001, 202 F.R.D. 377 (E.D.N.Y. 2001)
Nicholson v. Williams, Summary of Decision
Fourth Amended Complaint Class Action
Lansner & Kubitschek would like to thank all those who submitted amicus briefs in Nicholson v. Scoppetta. Nicholson Review Committee
The Nicholson Review Committee Report is now available.




Most RecentMost Recommended Comments (3)
at 08:20 on September 22nd, 2009
i need help im from the uk
at 10:42 on September 22nd, 2009
What exactly do you need help with, Maxine?
at 16:38 on October 4th, 2009
Fleeing domestic abuse in Indiana, means that the Dept of Children, DCS, known as CPS, will take the child from the parent that flees the abuse, to hand deliver the child straight to the abuser, then hand walk the abuser into court to advocate for the abuser. After the abuser bashed in the infant's head, who now has brain trauma, DCS refused medical care, James Payne condoned the facts as being appropriate, and the IMPD refused to do anything, as Marion County, Indiana, prosecutor, Carl Brizzi's office staff, laugh, saying, "Our hands are tied". Though Indiana has commericals on air to "Shatter the Silence", the only thing that is done when a woman flees abuse is to attend the child's funeral, as DCS helps the abuser to finish the abuse to the death of the child, or allows foster parents to abuse to death the child, without any investigations or arrests. Many adoptions done by CPS are those children who where taken by CPS to meet the criteria of age, then 'magic words used, such as failure to thrive, abuse (without evidence & neglect (without specifics), in order to fit the criteria of the federal guidelines and make a profit & re-imbursement of federal funds, which in Indiana, never are audited, as the money comes without evidence of utilization of necessity to actually need to be involved with the child. The Governor of Indiana, Mitch Daniels: After many letters, calls, and walk in visits to the State House, our Governor, Mitch Daniels, refuses to listen and failed to build that "Open door policy" he stated as a promise during his campaign. Indiana Representative, Evan Bayh, stated the “Governor is ultimately responsible for the actions or lack of actions of CPS”. Two employees under Mitch Daniels, were very well aware of what was happening to us and still happening to many others. Neither seem to be concerned. Though, Scott Zarazee, did write 2 years ago, he would look into the concern, but nothing more done or said. The Attorney General, Steve Carter' office response: ..."the Attorney General acts as legal counsel for the State of Indiana . We do not have jurisdiction in issues such as yours." This means, the Attorney General will do nothing to protect the citizens, parents, or children! It is okay for Dept of Children to commit perjury and falsification of court records. It is not about protection, it is about getting children in the system to waste money. Also, this also means, that a large hospital can overdose infants, doctors can refuse a patient the right to choose their own trusted doctor, CPS can allow an overdose of medication to be administered, that is highly neurotoxin and nephrotoxin to a 5 day old infant, and allow the hospital staff to refuse to identify who they were. This is the same response from the Indiana Health Department. “There was not enough documentation in the medical record to make a judgment”. Well, duh, like the staff and doctors are going to document what they did? Furthermore, the response from the Indiana Attorney General is no surprise, as the Attorney Generals Office will always deny claims against CPS, as the Attorney General will protect CPS, regardless of the cries. Unfortunately, citizens believe the falsehood regarding the Attorney General protects Indiana citizens. Quite similar, as citizens also believe the facade that CPS actually “protects” children or “preserves” families! Are we, the citizens of Indiana , so naive that we are simply paying an enormous amount of taxes without concern for any true necessary services to be rendered from our political leaders? We have a federal lawsuit in progress, and the IAG motioned for more time on the case, in order to review. Well, after filing the tort claim, and the IAG 6 months later denied the case, as the IAG stated they had reviewed the case, and James Payne, who also stated he reviewed the case, but condoned the abuse and traumatic brain injury allowed under CPS, I believe the IAG is stalling for time or the IAG simply took the tort claim and trashed it without even looking at the claim, therefore, now needs to really look at the claim they ignored. This, is how the citizens of Indiana are treated. The IAG is very aware of the crimes done by CPS, the deaths of children under state care that never have justice, and the corruption of the courts, that allow parents to be threated to sign over their children or be harassed. defamed, and terrorized. The Attorney General Inspector, David Thomas, response: "" .. Do as you are told ... or loose...” He has known for over 14 years of the CPS crimes done to children, parents, and the mockery of the judicial system, but he ignores the crimes done by CPS. This means, the Attorney General Inspector is aware of the crimes and victimization of innocent citizens and harm to children, but no investigation will take place, citizens have no rights. But, isn't’t investigation his job? He does get paid, right? For what? The Head of Department of Children Services, James Payne, response: ""... I concur with the agency’s action in this matter." This means that even though the CPS workers committed perjury, falsification of court records, and gave an infant to a man, not known to be the father, for him the bash in her head, beat her fragile body, then DCF staff refuse medical treatment, and then the staff to hand walk the abuser into court, and refuse to tell the judge of his cocaine, and THC use, Bi-polar and Manic Depression, multiple arrests for battery, theft, robbery, and more. Even though this agency knew their allegations were all false, they still say they “substantiated” the allegations. By what you may ask. By perjury and falsification of documentation, of the social workers and case managers, employees paid for by the state. Doesn't substantiated mean valid factual evidence? Not when it comes to CPS. They are not held accountable or responsible for the lives of any child. They willingly defamed an innocent mother, kept her new born child from her for 7 months, then CPS acted like nothing happened. This is NOT an isolated case, this is the norm. DCS staff documented my name in their case, without speaking to me. I was slandered & libeled. The judge asked no questions for any proof, just rubber stamped the malicious, wanton, perjury & falsification of the DCS worker's document. DCS worker never got off her butt, just handed the infant to a man without any proof he was even a relative, as it was he that walked into the DCS office specifically asking for that worker. It schemed conspired crime by our state workers. Child Protection Service staff are liars. I believe, that the Chief of Staff for Marion County Prosecutor' office, was slated in for judge by promise of James Payne to allow my family to be victimized and not charge the abusing man for his crimes, and to make multiple false police reports against the victimized mother, and allowed the infant to remain in danger. Lisa Borges, is now a judge. Um. Myron Hockman refused to do anything or allow us to press charges on anything, but he did file and help with a false report for the abuser, and Myron Hockman, laughed at the 911 tape. Stacy Hawk & Linda Majors, did nothing either. The Indiana Ethics Office: "We have received your complaints against FSSA and/or DCS. The Investigator General has already reviewed your complaint and determined that neither the Inspector General nor the Ethics Commission has jurisdiction over this case. Thank you for contacting us,...." This means that there is not one person in the state that will help a parent or child that is victimized by Child Protection Services. Not one. Not your Federal, State, or Local Representative, nor your City Council, Prosecutor, Police, not one person is willing to step in to stop the crimes of CPS toward innocent parents, children, and families as a whole. The Marion County Prosecutors office: " ..... We cannot help ... our hands are tied.....” , REFUSED TO ALLOW THE VICTIM TO FILE AGAINST HER ATTACKER, REFUSED TO ALLOW A PROTECTIVE ORDER TO BE SERVED. This means that regardless of the crimes of the agency, CPS and their affiliates, their crimes go un-punished. They walk about as a god. The former Director of Prevent Child Abuse Indiana, Andie Marshall, response: “……..we advocate for systems that protect and support children. It is not an excuse but the sad reality is that Indiana has for too long allocated too little to meet the growing needs of families and people in stressful situations. We continually work to advocate for changes….. It was about the children under state' care. Not parents. It was the total of children under state' care each year with a 25-30% of the annual total of children under the state' care to die at the hands under the state providers, state fosters, ect…..and has been for over the past decade..." Over the past decade 25-30% of the annual total of children under the state’ care, DIE at the hands under the state!!! Doesn't’t this scare anyone? This means that even though it is known children are seriously abused and killed at the hands of strangers, placed into harms way by the care of this agency, CPS, which is costing Indiana tax payers over 1 billion dollars a year, but they still get paid to cause more harm to our innocent and precious children!!! Why not pump gas into a tank with a large hole in it, the effectiveness would be the same. Attorney General’ lack of concern or lack of action of the harm being done to the citizens by government, Big businesses, and Big political supporters, are worthy to immediately respond to safeguard federal reimbursement funds to profit the state. Dan Burton, our Federal Rep. wrote to tell us that he was too good to worry about issues of the state, as he is at the federal level. So, who is our elected officials to be the stewardship of service too? It is not, the citizens, at least, not in Indiana. NOW I AM IMFORMED THAT ALL THE CLAIMS MADE TO THE ATTORNEY GENERAL WILL BE DENIED BY AN ELECTED OFFICIAL, BUT THE INVESTIGATION IS NOT COMPLETED AND WE HAVE NOT BEEN INFORMED THE CASES WHERE CLOSED AND DENIED. BUT THIS IS THE WAY STEVE CARTER' OFFICE RUNS, IT DENIES AND CLOSES CASES WITHOUT ANY INVESTIGATIONS, AS ONLY TO PROTECT GOVERNMENT, BIG BUSINESSES, AND BIG CAMPAIGN DONATORS, NOT THE PEOPLE!!! The Villages, who locate foster homes for the children CPS snatch from their homes, makes a financial fortune from the corruption of Child Protection Services. The Villages are finding foster homes for children that most likely had safe homes, but due to the ability to make false reports by CPS without any question for validity, children are forced to suffer, parents lives come to an end with a broken heart, destroyed family, publicly defamed, and forced to loose every penny they have or ever will have, in attempt to get back their children. Once children are removed from their parents, by CPS, chances are they are seriously abused or killed before they reach the age of 18 years old. Parents loose parental rights without a fair legal hearing. Hearsay is all that is used. Regardless of the facts, the truth, any and all evidence a parent has, the judge ignores the information, and the hearsay is rubber stamped as valid, false claims are documented as substantiated without evidence, and goodbye children!! Please, please, Don’t laugh, this is a reality. Governor, Mitch Daniels, Attorney Generals Office, Steve Carter, Attorney Generals Investigator, David Thomas, Head of Department of Children, James Payne, Indiana State Police, Marion County Prosecutor, Carl Brizzi, Local Police, and both CPS Attorneys and judges, are all aware of the fraudulent criminal actions of social workers and case managers, of CPS. However, it appears that no one has the integrity or ethical morals to do anything about it. How many babies are stolen all over the state by a government agency, called CPS, that is no more than an agency that claims to "protect", but they make large amounts of money from the tax payers and the federal bonuses and grants? {Human Marketing & Human Trafficking} How many children are alienated from the parents and siblings without true cause? The greatest risk factors for children to be removed from their home has nothing to do with abuse or neglect, as single women, low income, battered and abused, or uneducated, are the targets to loose their children. The Constitution is supposed to protect us. Our elected Politicians are supposed to support the written law, protect the citizens, and both listen and act up the concerns and needs of the people!! How corrupt can a state be? The Federal Government ignores the complaints and request complaints to be re-submitted to the people of the state who are committing the crimes and violations. The rights of citizens are stomped on when CPS states, "Sign this paper or you will never see your child again". Or when a doctor forces un-necessary, very expensive, and very harmful medications, to an infant, with the aide of CPS placing the infant under state care without a court order, just because the mother wants to request her own, well know and trusted Pediatrician, to take over the health care needs of her infant. Many can testify to this bulling tactic. Many children are removed from their parents and siblings, not because they needed to be protected, but because, the state needs children in the system to make a federal re-reimbursement profit. Doesn't this make anyone sick? Does it surprise anyone that none of our government officials believe the issue of children wrongfully removed from their home to be placed into harms way or for the state workers to lie and make a mockery of the courts, is worthy to be dealt with in a more vigorous manner? Indiana ' political official are more concerned for their political party issues, not the citizens!! It is the money, power, control to gain more money, at the expense of family unity and the children’s well-being. How many citizens are being abused by our own government? BILLIONS!! Who can or will investigate? NO ONE IN OUR OWN GOVERNMENT FROM THE GOVERNOR DOWN TO THE POLICE Detective or Investigators! Child Protection Services, walk as a god, with disregard to all laws. For it is written: "Lord, thou hast heard the desire of the humble: thou wilts prepare their heart, thou wilt cause thine ear to hear: To judge the fatherless and the oppressed, that the man of the earth may no more oppress" Psalm 10:17 - 18. Do not the words, "One nation, under God, indefensible, with liberty, and justice for all", mean anything? Does it? What liberty, what justice, what rights in the Constitution, does CPS follow, honor, cherish, or give respect to? NONE! Again, the new age Hitler Dictatorship of CPS is real and stealing the rights of parents to be parents and children to bear the right to have heritage of their own family. What a shame, a criminal act towards all citizens in this state of Indiana , and of the nation!! We do not need more state workers in Indiana . We need state workers that know the difference from truth and fiction, honesty and perjury, and skilled with the ability to assess all situations objectively rather than personally biased values to project their own subjective issues onto the families encountered. We need judges that have the desire to be involved with the families and the issues that can be managed as a family unit, to ask for evidence rather than accepting hearsay, and if the case has no basis, the judge should drop the case immediately! When a young mother fled an abusive man, to protect herself and infant from domestic abuse, CPS made sure the abuser could abuse the infant, and he did, CPS handed the infant to the man without any proof of being the father, allowed he to bash her skull in, now with a traumatic brain injury, but CPS workers refused medical treatment for the infant. Many pleads and begging for help at the Prosecutor’s Office were made, in person many times, phone calls, black and white evidence handed, 911 calls, and letters, to no avail, as Myron Hockman, Community Prosecutor, Linda Majors, Stacy Hawk, Lisa Borges, then Chief of Staff for Prosecutor' Office, refused to care, listen or act. Myron Hockman, laughed at the 911 tape of the mother being battered, and the courts refused to serve a protective order filed by an attorney, 11/08/05. "Shatter the Silence" is ignored by the political figures in the state of Indiana , as women and children are meaningless. (Keep in mind this young woman fled with infant for safety from the abuse of this man that has been in mental institutional care, leaving AMA, ect. and every agency in the state of Indiana ignored the woman's cry for protection, safety, and having her right to be heard. But in Indiana, women and children have no rights, and every agency that is to help the vicitm, only victimized the victim over and over again. What kind of emotional well-being does anyone think this woman could be in??? No where to go, no one to listen, no one in Indiana felt it important enough to lift a finger. From Mitch Daniels, Governor, to Carl Brizzi, Marion Co. Prosecutor.) Is this an isolated case? No, this is the norm, in Indiana. Just what do any government workers do for the people in Indiana ? We pay for what? Victimization, ignored, lied to, terrorized, and oppressed. Why do we even have an election? Campaign promises are lies. Perpetrators of Maltreatment is: Child Protection "Predator" Services CPS commits un-punished crimes against innocent parents and children and destroy families for Federal $$$Funds Physical Abuse – 59 by parents 160 by CPS Sexual Abuse – 13 by parents 112 by CPS Neglect – 241 by parents 410 by CPS Medical Neglect – 12 by parents 14 by CPS Fatalities – 1.5 by parents 6.4 by CPS FACT: Number of Cases per 100,000 children in the United States . These numbers come from The National Center on Child Abuse and Neglect (NCCAN) in Washington . One in four children, under state care WILL die. More children die under state care, CPS, every year, than the total number of deaths of soldiers in any war. We pay for this criminal activity to be performed against our own American children! Human trafficking, a profitable business, and many children are exploited and murdered, for the sake of 'protection'. This is an issue all over the nation!!!! For it is written: "Woe to those who make unjust laws, and those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people." Isaiah 10:1 I had to unfortunately witness how Methodist Hospital, Clarian Health, violated the right of a mother to choose her own well known and trusted doctor, as a Methodist doctor, Beth Barron,MD, who refused to sign off and give the case to the parent's selected doctor, and directed the violation of activity toward the patient, and all other hospital staff refused to allow the patient a Patient Advocate, professionals re-wrote the medical chart, forced the mother to sign a waiver for a second opinion on the legal document of Methodist Hospital as mother was threatened to never see her baby again it she refused to sign, forced the mother to also sign a CHINS paper for CPS, overdosed a 5 day old infant with a highly toxic medications without any rationale, signs or symptoms to pursue to do so, and CPS staff defamed an innocent mother, by perjury, falsification of documentation, and violating their own policies and procedures. CPS continued to hand an infant to a man that bashed in her skull concave, but the CPS workers refused to allow the infant medical care. James Payne, the Director of Child Protection Services, condones the abuse of children under state care. My family' life and belief with NEVER be the same. This is how women and children are treated in Indiana . A lengthy horrific 911 tape of my daughter being attacked in her own car, as the man lounged through the driver' window, I sat paralyzed in the passenger' seat. The prosecutor's office, laughed. Pretend this is your daughter on the 911 tape, you sit in the passenger' seat, you know the man attacking your daughter is high on cocaine, you have in hand a court order to pick up the 10 month old baby girl, who is sitting in the man' back seat of his car, as his car is running, driver door open, parked in the middle of the street, the police refuse to honor the court order, allow the man to leave with the infant, and the prosecutor's office laughs at the 911 tape, and courts refused to serve a protective order. How you would feel? What would you do? Women are seen as play toys in Indiana, & children are to be abused, then sold for the re-imbursement of federal funds & incentives. This agency is never audited for use of funds or the necessity thereof. The state of Indiana, especially, Marion County, allows this to happen to innocent women and children. This is a small amount of torment we have suffered, and nothing was or is done. Women and children mean nothing in Indiana. How can the US help stop the citizens from being harmed in Iraq or teach the leaders in Iraq to care for their citizens, when innocent women and children are being victimized right here in the US, by our own government, and our elected officials ignore the issues? Since the government promoted bonuses to each state for adoptions, more and more children are being "stolen" from their loving and safe homes, CPS workers will commit perjury to use the "Magic Words" just to gain custody of a child without allowing parents due process, to be sold. I can prove the lies & false reports done by DCS. I can also prove that Brizzi' office refused for a protective order and refused us to gain help from the torment we suffered. We were laughed at and patronized. Myron Hockman,community prosecutor made false charges on the victim, the woman, and laughed at the 911 taped of the woman being abused. Protection, safety, or mere pretending to spend tax payers' money with care? When did Indiana become a state of dictatorship? *** Children's Bureau Express Nov 2004 cbexpress.acf.hhs.gov HHS Awards Adoption Bonuses to States On October 14, 2004, U.S. Department of Health and Human Services (HHS) Secretary Tommy G. Thompson announced the awarding of $17,896,000 in adoption bonuses to 31 States and Puerto Rico. The funding comes from the Adoption Incentives Program and is given to States that were successful in increasing the number of adoptions from the public child welfare system over the number of adoptions in 2002. ....The threshold to receive incentives has been reset based on the number of adoptions in FY 2002, making States that reached their highest number of adoptions in the earlier years of the program more likely to qualify for a bonus. ..." (THIS IS WHEN THE MASSIVE AMOUNT OF CHILDREN BEGAN TO BE REMOVED BY MERE FALSE ALLEGATIONS, parents defamed, families destroyed, AND CHILDREN SOLD LIKE CATTLE!) Children, do not have to be abused, raped, or mistreated, or murdered, please, their voices must be heard!!!! Many children are being abused under state care, parents are being defamed, and families are being destroyed, needlessly. This must stop!! Please, help our leaders to see what is happening to the people they have been blessed by God, to serve for His Sake! My heart is full of sorrow, like never felt before, and tears flow without dryness near. Precious, innocent, unborn children, are slaughtered, not be cave men, but be educated professionals, and our leaders, turn their heads of the blood shed. The United States citizens are victimized by the government agency, Child Protection Services and judges, that fail to protect those under their care. May the suffering and blood of every child, parent, and entire families, be on the hands of every politicial figure that has turned away to ignore the suffering of the cries of the US citizens. They all need our prayer for mercy to be given to them. I am a professional woman that has witnessed first hand the lies and crimes of CPS and how there is no where to go for protection of this government agency that walks as a god, but does evil to destroy the innocent. Citizens have no avenue for protection against this government agency that causes more harm than good, and "protection" is the least of the motivation, as money is the controlling factor. Interesting web page of victimized parents who have choosen to speak the truth of the crimes of the US government agency, Child Protection Services, and the violation of Human Rights, and the US Constitution.I will continue to pray for the Hand of God to reveal the truth about the crimes, of Child Protection Services. The truth of what is happening is that CPS violates the rights of all citizens, not held accountable, responsible, or punished, and ignore and fail to 'protect'. Don't let this happen to your family and friends, please. CPS is the largest government agency that has no accoutability or responsibility, no oversight, and able to function in secrecy throughout the nation. This is no more than a business of human trafficking, done so as a mofia organization. Just one testimony for the millions of citizens that is being terrorized by their own county. Didn't the US sign a treaty to up-hold the Human Rights, at the United Nations? Well, they lied about that too! CPS will show graphs and charts, budgets and numbers, but it depends on the audience, as we found that the numbers do not add up, nor can CPS explain the discreprancies. They lie. They are out of control. They answer to no one. Our family will never be the same, and our faith of what true liberty, justice, and democracy, stood for, has been forever stomped to non-existence. We know the truth of how Child Protection Services can easily commit perjury and make a mockery of our justice system. CPS is accountable to no one, not even the children in their graves related to the 'protection' under state care. CPS answers to no one. We will never be the same, for in Indiana, there is no such thing as liberty and justice, only politics and children un-constitutionally kidnapped for federal profit to the state. I stand behind every word I stated. A great website: www.honkforkids.comwww.honkforkids.com/videoindex.htm What Indiana Hoosiers stands for:As two Indiana children sit at the lunch table during school, one child asks another child, "Why is Indiana called the Hoosier State, and what does Hoosier mean?" The other child replied quite quickly, "Oh, that is easy. It is because it is the most used words in Indiana by many. Hoos ier mommy? Hoos ier daddy? Hoos ier sister? Hoos ier brother? Hoos ier grandma and grandpa?" The inquiring child sat quietly, then tearfully responded, "You're right. Do you know Hoos ier mommy?" The other child sadly responded, "No, but I am given an anti-depressant so I don't think about my mommy a lot. I was told my brother was beaten to death by his foster dad, and my sister was in 11 different foster homes, and now, she is homeless." The reality of suffering and devastation endured by Indiana children, as Indiana government officials enjoy the federal incentive bonus packages of financial profit. Children are dying under state care without anyone being held accountable or responsible. The deaths are not even kept a record of under the state's care. Women are ignored for protection, patronized, and children removed from safe homes, only to be an adoption child for the state to make a profit. Child Protection governmental agency is a facade to the human trafficking business, and parents are defamed, as many are mourning the deaths of their children who the state placed under their care. The lies and secrecies of the conspired crimes of Dept of Children, in Indiana. When should Mitch Daniels be held accountable for his campaign promise for an "open door policy" regarding DCS. He refuses to build the door to open. How many more children must die? Indiana CPS will not allow any outside audits of their books, they hide their activity in secrecy, cloak of deception, our media will not cover stories of the crimes done by CPS, and the judges allow CPS to commit perjury, falsification of court documents, and ignore parents who try to tell the truth, to the point of the judge ignoring filing after filing of discorvery, motions of noted endangerment, and medical necessity. Indiana needs the federal government to investigate, but even after reporting the crimes in black & white, nothing is done, but the complaint to be sent back to Indiana, for Indiana to investigate. What protection do children have? The deaths of children under state care are much higher than reported, as CPS even controls the coroner' report. No one questions CPS! This agency is un-constitutional, it has no oversight, they are literally killing our children for the facade of protection, but each state profits from the federal incentive programs, grants, and other funding. The United States is allowing our children to be murdered for the sake of 'protection'. If Governor Daniel's really wants to save money, then he needs to investigate the crimes being done to innocent families and the deaths of children occurring by our governmental agency that has no oversight and never accountable or responsible for the crimes committed and how children are being alienated from their parents by bogus lies! But he is not listening. Who is going to help save our children?