by Candadai Seshachari
That hope is at the heart of Carlton Sherwood's Inquisition. It is also at the heart of the price that the Reverend Sun Myung Moon has paid.
Edwin Schuster admitted there are CPS workers who act inappropriately or make mistakes and need to be better informed. CPS Abuses in Fairfax have increased with over the past few years. All it takes is an unethical Social worker who fabricates Child Abuse charges usually against Fathers in Divorce and Child Custody situations.
"Most of the time, I was taking their kids away for no good reason" --A New York City CPS worker.[1]
All it takes to begin the potential destruction of a family is a call to one of the child protective "hotlines" in every state. The call can be made anonymously, making the hotlines potent tools for harassment. More often, however, false allegations are well-meaning mistakes made by people who have taken the advice of the child savers.
Though state laws generally encourage -- or require -- reports if you have "reasonable cause to suspect" maltreatment, child savers urge us to call in our slightest suspicions about almost any parental behavior. (And that sort of advice is not limited to adults. One group has published a comic book effectively telling children to turn in their parents to "other grown-up friends" if they get a spanking).[2] The hotlines then forward the calls to Child Protective Services (CPS) agencies who send workers to investigate. These workers can go to a child's school or day care center and interrogate them without warning. Such an interrogation can undercut the bonds of trust essential for healthy parent-child relationships and traumatize children for whom the only harm is the harm of the investigation itself.
Workers can search homes and strip-search children without a warrant. Child savers insist such searches are rare. But in the course of defending against a lawsuit, the Illinois Department of Children and Family Services acknowledged how common they really are. In its legal papers, the department said that any effort to restrict strip-searching "would immediately bring the child abuse hotline investigations to a halt."[3] Such a statement can be true only if strip-searching is routine.
Then it is up to the worker to decide if the case will be "substantiated" and the accused will be listed in a state "central register" of suspected child abusers. Workers make these decisions on their own. There is no hearing beforehand, no way for the accused to defend themselves. (In some states, they can try and fight their way out of the register after the fact).
No proof is required to "substantiate" a case. In most states, "substantiated" means only that there is "some credible evidence" of maltreatment, even if there is more evidence of innocence.
And what if parents object to all this? What if they want to defend their children against a strip-search, for example? Technically, in some circumstances, they can say no to a CPS worker (though the worker doesn't have to tell them this -- there is no equivalent of a "Miranda warning"). But if they do say no, the worker can wield the most feared power of all -- the power to remove a child from the home on the spot.
Workers have that power in 29 of America's 55 states and territories. In all but four of the rest, they need merely call the police to do it for them.[4] Parents then must go to court to try and get their children back. In most states, there is supposed to be a hearing in a matter of days, but often it takes far longer before that child's parents get their day in court.[5]
And it is a very short day. Such hearings tend to be five-minute assembly line procedures with a CPS lawyer who does this for a living on one side, and a bewildered, impoverished parent who just met her lawyer five minutes before -- if she has a lawyer at all -- on the other. Children are almost never returned at these hearings. If the children are lucky, they may get to go home after the next hearing in 30 or 90 days. Or maybe they will never go home at all.
And who are the CPS workers who wield this enormous power? In most states, a bachelor's degree in anything and a quickie training course devoted largely to how to fill out forms are the only requirements for the job. Turnover is enormous and caseloads are crushing. And the worker will find little guidance in the law, which is so broad that almost anything can be deemed abuse or, especially, neglect (See Family Preservation Issue Paper 5, Child Abuse and Poverty). Given all that, it's easy to see why so many children are needlessly removed from their homes.
But that is not the only tragedy. Enormous caseloads dominated by false and trivial cases steal workers' time from children in real danger. That's the real reason children sometimes are left in unsafe homes. See Family Preservation Issue Paper 8 .
There is a CPS worker who allegedly told several parents "I have the power of God." Even more frightening than the thought of a worker saying such a thing is the fact that it's true. CPS workers do have the power of God. And rarely is the power of God accompanied by the wisdom of Solomon.
1. Amy Pagnozzi, "HRA Insider: I Took Kids From Parents For No Good Reason," New York Post, February 4, 1991, p.7 Back to Text.
2. Prevent Child Abuse America / Marvel Comics, The Amazing Spider Man, April, 1990, pp.5,6. Back to Text.
3. Defendants' Post-Hearing Memorandum, E.Z. v. Coler, No. 82 C 3976, United States District Court for the Northern District of Illinois, Eastern Division, April 17, 1984, p.23. Back to Text.
4. Lucy Alf Younas, State Child Abuse and Neglect Laws: A Comparative Analysis, 1985 (Washington DC: National Center on Child Abuse and Neglect, 1987) Table 9. Back to Text.
As I sit here and type this commentary about the now deceased Dr. Richard Gardner, I am still in *shock and awe* by his passing. I've been involved in the tangled web of overzealous child protection and contentious custody cases for about 20 years now. And, it was slightly over 20 years ago that one Richard Gardner, M.D., coined the ever-controversial science we all know as PAS (Parental Alienation Syndrome).
Over these past two-plus decades Dr. Gardner endured as many ad hominem and character assassination attacks by left-wing gender feminists as PAS cases he consulted on. He published his rebuttal views to these attacks with integrity and science at his website www.rgardner.com. His work, while spurned by many, slowly goaded other psychologists nationally - Warshak, Ward, Perry, Rand, Cartwright, Darnall, Mart, Kirkpatrick, et al, to publish in this similar vein. Today, Dr. Gardner's work is referenced directly or indirectly in scores of scientific journal articles, books, and monographs.
He did not create a monster, but helped to elucidate an area of law and psychology that few, if any, could put their finger on - this emotional and psychological form of child abuse - characterized by a chronic campaign of deprecation, disparaging, berating, denigration and brainwashing of one parent against the other parent with the children being wielded as ammunition in the middle. He sought to differentiate PA (Parental Alienation) versus PAS, whereby in the latter the children not only start to participate in the denigration campaign, but also start to vilify the targeted and alienated parent. I saw this firsthand in my consultative role in the high-profile Elian Gonzalez case. And, Dr. Gardner, for all the *abuse* he took in being tapped as a hired gun for fathers, anecdotally and empirically proved that PA and PAS were not and are not gender biased entities and that mothers are the recipients of PAS in scores of cases. Dr. Gardner not only testified at Frye Hearings, nationally, laying the predicate and foundation for his hotly contested science to be accepted by judges, but also maintained an invaluable website that listed the states and countries where PAS has passed legal muster.
I was saddened in 1995 when Dr. Gardner's provisions to repeal the Mondale Act (Child Abuse Prevention & Treatment Act), which were disseminated to Congress, did not gain acceptance. I've been saddened that his PAS has met a staunch opponent less far in the American Psychiatric Association by not recognizing same in the DSM-IV or DSM-IV-TR. It is my heartfelt hope they do so when the time comes to publish the DSM-V (I'm told in 2010). Dr. Richard Gardner was a legend before his time. His work will continue to be cited in scientific journal articles and books and in courtrooms around the world. I know I'll be referencing it when I speak on Father's Day at the Million Dads March in Washington, DC. And, there I'll be one step closer to getting it heard by lawmakers up on capitol hill.
God's Speed, Dr. Gardner.
Dean TongIn this Turf War, Kids Are the Prize
By Jeffery M. Leving and Glenn Sacks
Tallahassee Democrat, 6/13/07
In part because of the Alec Baldwin-Kim Basinger custody battle, the controversial concept of Parental Alienation is now being debated extensively in the media. Parental Alienation often arises after a divorce or separation, as one parent turns the children against the other parent, often employing false allegations to do so. Baldwin claims that he is the target parent of PA.
Misguided women’s advocates assert that PA is a myth used by abusive fathers to blame their ex-wives when their children are hostile to them. Recently, Kim Gandy, President of the National Organization for Women, condemned PA as “junk science, junk justice.” NOW, the Family Violence Prevention Fund, and a dozen other women’s groups signed on to a complaint filed against the United States this month with the Inter American Commission on Human Rights. The complaint claims that American courts victimize abused mothers by “frequently awarding child custody to abusers.”
In reality, when domestic violence allegations are made, judges take them very seriously, preferring to "err on the side of caution" even when evidence is lacking. By contrast, fathers who are targets of false accusations and parental alienation can only protect their relationships with their children by financing expensive legal battles.
Despite the controversy, PA is a common phenomenon which has been well-documented and widely supported in the mental health community. For example, a longitudinal study published by the American Bar Association in 2003 followed 700 "high conflict" divorce cases over a 12 year period and found that elements of PA were present in the vast majority of the cases studied.
The pain that alienating mothers (or, in some cases, alienating fathers) visit upon their children would be hard to understate. In a new Psychology Today article devoted to this controversy, Michelle Martin, who was a victim of PA as a child, recalls:
"You were either on my mother's side or against her, and if you were on her side, you had to be against my father. She was so angry at him…you couldn't possibly have a relationship with him if you wanted one with her."
Martin describes her late father as a gentle, caring man who refused to criticize her mother. She says that she was so afraid of losing her mother’s approval that she bought into her alienation campaign against her father, including her mother’s systematic attempts to convince her that her father had been abusive. Martin says:
"I still, to this day, have to live with the mean things I said to him. The letters that I wrote to him. There are things I did purposely to hurt him."
Family law mediators J. Michael Bone, Ph.D. and Michael R. Walsh Esq. explain that in PA situations children fear abandonment, and "live in a state of chronic upset and threat of reprisal.” Bone and Walsh note that when children “express positive approval of the absent parent, the consequences can be very serious...The child is continually being put through various loyalty tests…the alienating parent thus forces the child to choose [between] parents...in direct opposition to a child's emotional well-being.”
Some parental alienators go to extreme or even demented lengths. In the Canadian PA case Rogerson v. Tessaro, the Ontario Court of Appeal found that when the children went to visit their father, the mother “failed to inform him about the children's medications, or to give him their prescription drugs, so that they would return home from visits with him sicker than when they left.”
ABC’s John Stossel, who has covered PA on several occasions in recent weeks, describes one “heartbreaking” case he filmed for his TV show 20/20:
“A divorced father went to see his five kids for what he thought would be a full-day visit. He was entitled to that, under court order, and the court also ordered the mother not to discourage the children from spending time with their father. But she clearly had poisoned his children’s minds against him. The father just stood outside his ex-wife’s house and begged his children, ‘Would you like to go out with me today?’ ‘No,’ said one kid after another. Then the mother ordered the kids back into her house.
“What comes through on the tape is the unbridled satisfaction of the mother and the helplessness of the father.”
Parental Alienation is child abuse. Courts need to do more to protect children from alienation, not dismiss it.