This information has been assembled to help equip those attending [and those who will influence the outcome of] the hearing on June 9, 2005 in an effort to protect the greater society. You must look closely at the problems surrounding Dept. of Children's Services [DCS] to discover that the real problem has nothing to do with how funding is related to outcomes for children. It is your moral duty to find a solution to this Nationwide dilemma which has been plaguing America for decades.

On March 13, 2004 U.S. Congressman Joe Baca gave the victims of DCS a voice and sent 163 evidence books to Washington. The people need to know what our elected officials have done to protect us and our Posterity since receiving the documents proving the ministerial ineffectiveness of DCS.

Victorville, CA ~ Daily Press: "United States Accuses 14 Nations of allowing Modern Day Slavery" reads: U.S. criticizes 14 other nations of not doing enough to stop the modern day slave trade (prostitution, child sex rings, and forced laborers) involving 800,000 annually. Condolezza Rice stated, "The U.S. has a particular duty to fight this scourge because trafficking in persons is an affront to the principles of human dignity and liberty upon which this nation was founded. U.S. spends $96 million to help other countries combat trafficking." The U.S. is not included on the list although R. Miller said the country is far from immune...and includes the U.S.
~ June 4, 2005

American children and their families are the victims I speak of. Children are routinely seized by DCS agents who blatantly violate Laws in place to protect the familial bond which include the California and U.S. Constitutions! DCS hides their practices under the confidentiality clause, which was designed to protect families receiving public assistance from embarrassment, not hide their devious practices. DCS is a Government sanctioned agency that receives federal and state funding in advance for obtaining children, which clearly makes this a problem for each branch of Government.

I agree with Congressmen Herger who believes there should be better outcomes for the safety and well being of our children. However, even after thousands of complaints from victims of abuse under color of law by DCS, our elected officials continue to look for a solution in the wrong place.

Congresswoman Nancy L. Johnson shared the reasonable solution of frontloading the money to help keep the family in tact. This would not only save the government billions of dollars, it would effectively spare the greater society a whole generation of shattered children and adults who have no confidence whatsoever for those in authority.

The problem is multi-faceted and although they appear to be complex, these issues are simple to correct. Cross references from legal authorities have been used to substantiate the current immoral practices and motives used to obtain, detain and adopt our children without Due Process which include: California Benchguide [CAB] 100 Juvenile Dependency Initial or Detention Hearing ~ revised 2003; Welfare and Institutions Code [WIC]; California Rules of Court [CRC]; CA Dept. of Social Services Manual ~ Child Welfare Services Program [CWS]; Family Code [FC]; National Association of Social Workers ~ Code of Ethics [NASW]

Removal of a child: Federal Law mandates there must be a court order or voluntary surrender. Cathy Cimbalo [San Bernardino Director of DCS] states her social workers must have the agreement of a police officer and a court order. When I offered to show the court order during the unjust removal of our grandchildren, Deputy Porter stated "I don't care what papers you have, we're taking the children!" Out of thousands of 'removals', no victim has ever seen a court order and they have not voluntarily surrendered their child! In fact, many have been arrested for verbally trying to dissuade the police officer during the unjust removal of their children! CWS 361(b) no dependent child shall be taken from his parents/guardian where he resides unless the juvenile court finds clear and convincing evidence of: (1) substantial danger; no reasonable means child can be protected without removing him; WIC 300(e) [child has suffered severe physical abuse] shall constitute prima facie evidence minor can not be safely left in custody of parent/guardian with whom the minor resided at the time of injury. Most children have no injuries, which is proven during the medical exam performed after removal. This exculpatory evidence is deliberately withheld, and is punishable pursuant to Government Code 820.21 which strips away supposed immunity! CAB ~ 100.9 Initiating the Hearing ~ If the social worker determines that the child is to be detained, a petition must be filed with the Juvenile Court [JC] clerk, who must set the matter for hearing on the detention hearing calendar...WIC 311(a) Filing petition for retention of custody ...Confrontation by and cross-examination of witnesses [Due Process] Most [if not all] parents/guardians do not contest due to threat ["if you contest termination of guardianship, your children will be separated, adopted out and you'll never see them again!"], duress and coercion; CRC 1442(b) ~ Time limit on custody, filing petition ~ A detained child must be released within 48 hours...if no petition has been filed. The contents of the petition are prescribed by WIC sect. 332 ~ A petition to commence proceedings...to declare a child a ward or a dependent child of the court shall be verified...and CRC 1407 ~ The petition shall be verified and may be dismissed without prejudice if not verified. An unverified petition may be dismissed without prejudice. The laws are in place, but they are constantly violated! An internal review is DCS' only watch dog, as they claim confidentiality prohibits 'outside' review.

Perverse financial incentive: WIC 319(c) If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parent's or guardian's home is contrary to the child's welfare at the initial petition hearing or order the release of the child from custody. CAB JUDICIAL TIP: Failure to make this finding [contrary to the child's welfare] may cause permanent loss of federal funding for foster care. Herein lies the problem: financial incentive; empires being built off the backs of our children of tender years!

Prima Facie Evidence: Most Americans still trust the Justice System even though millions of its victims exist. CRC 1445(a) Requirements for detention ~ (1) a prima facie [Latin for: at first view] showing has been made that the child is described by WIC 300 [child abuse, neglect, etc], (2) One or more of the grounds for detention in CRC 1446 is found; CRC 1446(a) Grounds for detention ~ There is a substantial danger to the child's physical health, or the child is seriously emotionally damaged and removal is the only way to protect the child. DCS agents have created "emergencies" believing they will never be forced to prove the petition's allegations. Most court reports and verbage are almost identical in all cases.

Furthering the destruction of the familial bond without Due Process is demonstrated in: CRC 1447 Detention hearings; prima facie hearings (d) [Hearing for further evidence; prima facie case ~ If the court orders the child detained, and the child, a parent, a guardian or counsel requests that evidence of the prima facie case be presented, the court shall set a...hearing within three court days to consider evidence of the prima facie case, or set a jurisdiction hearing within 10 court days. If at the hearing petitioner fails to establish the prima facie case, the child shall be released from custody. WIC 321 If the minor, a parent or guardian or the minor's attorney...requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence...if [it] is not established, the minor shall be released from detention. Most victims do not have a clue these laws exist until it is too late and although Cathy Cimbalo continues to say "we must trust the justice system" and that her "460 'professionals' only do what the court says", we have found this to be a deadly combination. Social worker's libelous reports are not challenged and are 'found to be true' at the next hearing, we are rarely allowed to speak in court and our public defenders do not defend our rights!

In 2004, the Federal Government provided more than $7 billion in dedicated funds for child protection. The bulk of these funds [almost $5 billion] supported children who had been removed from their homes. All this money spent to "protect" those in foster/adopt/group homes where far too many children have been killed or tortured, proves that more money is not the solution. Maybe it's time to try a new approach. Carefully consider what you have read. Our right to fair and honest government, government accountability to the people, and redress has thus far been denied. More importantly, our God given inalienable rights have been violated!

You must invoke the power to open DCS files for the sake of investigating the current immoral and illegal practices [full Thesis available connecting the above Legal references]. We the people nominate expert family advocate Bill Tower and Jane Flickinger at Pacific Justice Institute as overseers of this Commission.

We have sought redress from the proper chain of command and found no remedy. San Bernardino [S.B.] County Board of Supervisors were duly noticed regarding DCS practices of non-compliance to State and Federal mandates; were informed that DCS' ministerial ineffectiveness is causing irreparable damage to the greater society; and Chairman Dennis Hansberger publicly stated 'his hands are tied'. S.B. Grand Jury received 13 official complaints against DCS via certified mail in 2004 and replied, "After a thorough review [of complaints, evidence], we have decided not to investigate." S.B. Assistant District Attorney Mike Risley was given copies of these complaints, but no remedy or acknowledgement has been given to date.

In conclusion, I must remind you that the U.S. has a particular duty to fight this scourge. Trafficking in persons is an affront to the principles of human dignity and liberty upon which this nation was founded. The following questions remain unanswered: How will this Government offer a gentle return of our children when the mask is torn off these "child protectors"? How many more Logan Marr's will have to die or be tortured while in the State's care before DCS is completely reformed and held accountable? June 9th is our granddaughter Rainya's 7th birthday and almost 2 years since we've seen our beautiful grandchildren...today is a great day to start protecting your constituents!

Thank you for your quick resolve in stopping this egregious silent epidemic that is now shouting for remedy. Your response, nomination of BillTower and Jane Flickinger to oversee the investigation of DCS and its inter-related service practitioners, and an outline of remedy will be expected within 20 days of this communiqué. We are not just a few disgruntled people, we are millions that are growing weary. We will not be comforted for the unjust loss of our Posterity. You must assure the people that our Nation's officials are going to stop this modern day domestic terrorism and pledge to restore democracy in our own backyard.