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Child Protection's Abuse Registry is Unconstitutional and An Abuse of Power Nationwide
Written by Thomas M. Dutkiewicz
Tuesday, 20 March 2007
Hartford, CT - It's undeniable that the Central Registry here in Connecticut as well as all 50 states are unconstitutional and an abuse of power. Most people including the legislators don't know there is absolutely no due process for parents (who are Americans) when your name is put on the Central Registry.
How you get on that list is by a bunch of unlicensed social workers who lack the authority to determine one's guilt decide this without any trial, without the presents of the parent or their attorney and the parent is unable to present evidence or confront the accuser's testimony under the 6th and 14th Amendment. Substantiating neglect or abuse by DCF has nothing to do with proof of abuse and neglect nor is being put on any Registry proof of one guilt.
Just imagine if the police had such a list where you never went to court but they maintained a Registry of alleged criminals and you lost your job based only on allegations. DCF openly admits on their site that those on the Central Registry are only to ALLEGED to be neglectful not that they are neglectful.
Over 90% of the individuals on the Central Registry have never been proven guilty by any jury or judge prior to being placed on there. Imagine that you were placed on the sex offender list without a trial or the ability to present evidence in a court of law. The Central Registry is the unconstitutional version of the Sex Offender List because there is no trial, no due process and no rules of evidence. You are place there by incompetent DCF workers who have no concept on relevant evidence or how to conduct a proper investigation. At least you have the ability to present a case and defend yourself prior to be placing on the Sex Offender List.
When is the legislators going to wake up to see that innocent parents are being put on an unconstitutional Central Registry. This is very harmful and abusive to children and to the entire family. Parents loose good paying jobs like teaching, day care, the medical field in order to buy food and pay bills by the opinion of an unlicensed social worker and must now take a very low paying job due to this unconstitutional process.
The burden is on the State of Connecticut to prove abuse and neglect. DCF wrongly shifts that burden on parents denying them the right of the presumption of innocence. Parents do not have to prove their fit, drug and alcohol free. Troxel
Attached below is a recent ruling by Circuit Court Judge, Richard Callahan ruling that the Central Registry is unlawful and unconstitutional for the very reasons as stated above. If the State of Connecticut is really interested in the well-being of children and the constitutional rights of both child and parents then they need to stop the abuse of parents and children with the unconstitutional Central Registry.
Legislators, attorneys, judges, any parent and DCF workers easily forget they can be place on the unconstitutional Registry by some anonymous tip or fraudulent claim.
Remember, the mere possibility or risk of harm does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. (Hurlman v. Rice, 2nd Cir. 1991) DCF must have a lawful warrant supported by probable cause and imminent "physical" danger.
JEFFERSON CITY, Mo. -- A judge declared Missouri's child abuse registry unconstitutional Thursday, ruling that suspected offenders deserved a court-like hearing before being listed.
The registry is kept secret from the general public, but is used by child care providers and others to screen current and potential employees.
Circuit Judge Richard Callahan concluded that people's reputations and professional careers were damaged when their names were placed in the child abuse registry before a due-process hearing.
The Department of Social Services said it was likely to appeal the case to the Missouri Supreme Court. Callahan suspended the effect of his judgment pending an appeal.
Callahan's ruling stemmed from a 2002 instance of alleged sexual abuse at the Faith House child care facility in St. Louis. Although they were not accused of abuse themselves, founder Mildred Jamison and nurse Betty Dotson were listed on the child abuse registry based on probable cause of neglect.
The decision was upheld by the Department of Social Services' Child Abuse and Neglect Review Board, which holds only informal hearings, not ones following judicial procedures. Decisions by the review panel can be appealed to a judge, but the listing occurred before that happened.
Callahan said it violated constitutional due-process rights to list people on the registry prior to holding a hearing before a neutral decision-maker in which witnesses are under oath, can be cross-
examined and can be compelled to testify.
He also said the hearings must use a tougher-to-prove criterion of "preponderance of the evidence" instead of "probable cause" - a change already made by a 2004 law.
Jamison said Callahan's ruling was "wonderful, because many people don't know what the due process is. Their names go on, and they don't know about the appeals process or any of that."
P.S. Check out our web site for the FREE handbook on parental and children's rights. There is also a manual on Title IV-E dealing with "reasonable efforts".
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