Legal Reform
	The following information pertains to legislation that has already been incorporated into law in California and Minnesota, as well as a list of proposed changes we hope to enact into future legislation.

Current Legislation:

• California law statute, 820.21, limits the immunity of social workers when they lie, perjure themselves, withhold evidence or tamper with evidence.
  
  
• The 1997 Minnesota Designated Parent Law is a law where parents can list a responsible adult who has agreed to care for your child(ren) for up to one year in case of an emergency - this includes legal emergencies and situations. If families complete this form in advance, their children would be legally protected to live with designated family members during a child abuse investigation, rather than in foster care.

Proposed Concerns for Legislation:

Protect Our Families.com representatives met with Congressional representatives and a lobbyist group in Indiana a few years ago. At the time we hoped that change could occur on the federal level. We learned that each state has its own laws which govern their CPS practices. In order to change legislation, each state would need to present proposed legislature. At the current time we do not have the resources to pursue this but certainly would appreciate further help and direction. We hope to one day help incorporate laws to give families rights and reduce the immunity of social workers. We have listed the following categories and points needed to be changed.

Mandatory Reporting Laws (proposed changes)

• Diagnosis by "Child Abuse" doctor should not be allowed as they are predisposed to diagnose abuse and not to consider other pediatric conditions and diseases
   
• Penalties/Repercussions for false, overzealous over reporting by doctors, teachers, etc.
   
• Child suspected for abuse should only be seen by ER doctors certified in trauma training
   
• Require an abuse diagnosis from two ER doctors - doctors are normally more careful in their evaluations when working with peers
   
• Child Abuse nurses should not be able to make diagnosis of abuse or examine your child. Examinations and diagnosis should only be made by trained medical doctors.
   
• Doctors should not be afraid of CPS. Currently, most doctors are inclined to report the slightest injuries just to cover themselves. Doctors should be able to stand by their medical judgement without any thought of fear from CPS.
   
• If a doctor blatantly misses a medical condition and wrongfully assumes abuse, the family should have the right to sue for malpractice.

  Child Protective Services (proposed changes)

• Cannot remove children with little or no evidence
   
• Cannot place both parents on the petition if only one is suspected
   
• No Blackmailing techniques (i.e. If you'll just admit, you'll get your baby back)
   
• Required to complete psych testing to rule out any who were abused in their own personal lives
   
• Reunification is ALWAYS the top goal - no time limit for quantifying this
   
• If one child has injuries, but the other children do not, CPS cannot remove all children
   
• Parental rights cannot be terminated unless found guilty at criminal trial
   
• CPS case must be dismissed and children returned if acquitted at criminal trial
   
• Parent's names removed from Child Abuse Registrar when case is dismissed, unsubstantiated or acquitted
   
• No Confidentiality/Gag order as this blatantly violates freedom of speech
   
• Federal funding should not be based on total number of accusations made
   
• Federal funding should not be based on total number of adoptions made
   
• There must be a Federal CPS Bill of Rights if it continues to be permissible for CPS to deny basic Constitutional rights
   
• Better alternatives for foster care - such as having daily CPS visits in your home or having a CPS worker live with the family
   
• Parents can schedule doctor appointments for their child
   
• In pregnancy of second child, parents decide placement
   
• If parental rights are terminated, adoption goes first to other family members
   
• Foster fees are dismissed if case is dismissed (No foster fees ever)
   
• Request for Appeal to deny County registry of maltreatment by Social Services should allow for a longer window of opportunity, aside from the current fourteen days period.
   
• Appeal Hearing to refute County registry of maltreatment by Social Services should be before a jury of peers
   
• If a Judge grants that the county registry of maltreatment findings were made in error, then the records should be expunged immediately instead of a registered file listing for four years
   
• If a CPS case is dismissed/acquitted, county maltreatment registry records should be expunged immediately.
   
• If Social Services maltreatment records are only part of a county registry then they should not be able to be retroactively added to a national database at a later date in time
   

  Foster Home Placement (proposed changes)

• Parents determine placement - child should go to other family members
   
• Daily visitation required and foster home must be flexible with parent's working schedules
   
• CPS's budget should cover all foster fees providing an incentive to get the child out of foster placement
   
• Foster providers who have placement cannot adopt children. Knowing they can adopt causes the foster providers to be unobjective and provides no motivation to work towards family reunification
   
• Parents have the right to change foster placement if the care is hazardous or unhealthy for their child
   
• Parents have the right to decide if the foster providers may place their child in day care
   

  Court System (proposed changes)

• Burden of proof must be "Beyond a reasonable doubt" NOT "Clear and convincing" or "Preponderance"
   
• Timely Hearings - should all be within 30 days
   
• Timely Trials - should all be within 90 days
   
• Criminal vs. Juvenile court
   
• Parents have access to ALL records: medical, police, CPS, court transcripts, etc.
   
• Advocacy/Higher Court for appeals
   
• Jury required for Juvenile trials
   

  Guardian Ad Litem (proposed changes)

• Guardian ad litem (GAL) should be independent of CPS. It should be illegal for a GAL to strategize in closed, private meetings with CPS
   
• GAL incurs repercussions if he does not perform his duties as ordered by the court
   
• Required to complete psych testing to rule out any who were abused in their own personal lives.
   

  Police (proposed changes)

• Police are required to investigate to find real evidence. If no evidence is found, charges are not allowed and CPS case is dismissed
   
• If criminal charges are dismissed, all criminal records and registered or listed information is immediately expunged

  Recourse Options (proposed changes)

• Removal of all immunities which make it difficult for families to sue
   
• No financial cap limitations on law suits