Saturday, November 6, 2010

SCHLAFLY: Government Trampling on Constitutional Rights of Parents


When the liberals and the feminists, including Hillary Clinton, began saying the "village" should raise the child, most people recognized village as a metaphor for government. We're now seeing how intrusive Big Government Nannyism really is.
State agencies operating under various names such as Child Protective Services (CPS) have been assigned the task of protecting kids from abuse or neglect by any adults, especially by their own parents. A new study casts doubt on the value of CPS.
Child Protective Services, which rushes into action based on anonymous tips, investigated more than three million cases of suspected child abuse in 2007. Researchers examined the records of 595 children nationwide alleged to be at similar high risk for abuse, and tracked them from ages 4 to 8.
The researchers concluded that CPS's intervention did little or nothing to improve the lives of the children, and there was no difference between children in the families CPS investigated or did not investigate.


More than 800,000 people are now listed on California's child abuse index. These listings are very hurtful to individuals since employers consult the list before hiring employees to work with children.
CPS puts people on this list from agency reports that are based on anonymous tips and suspicion, not proof. It's mighty easy for a malicious wife or ex-wife to allege child abuse as part of her game plan to get child custody or increased child support.
The issue in this case is the fact that there are no procedures, no standards, and no criteria for a wrongly accused person to get his name off the child abusers index. The Supreme Court is reviewing the Ninth Circuit ruling that Craig Humphries (whom a court pronounced innocent of all charges) had a "nightmarish encounter" with the California system, and "There is no effective procedure for Humphries to challenge this listing."
In 2006, Congress toyed with a plan to create a national child abuse registry. The plan was abandoned because of the unreliability of state lists and lack of due process. (
The child abuse registry should not be confused with the sex offender registry, which lists only those who have been convicted of sex crimes. The child abuse registry puts men on the list who have never been proven guilty of anything or even charged with a crime, a punishment that is entirely contrary to our legal assumption of being innocent until proven guilty.
Humphries has been trying to clear his name for nine years. Congress should defund these abusive registries and we hope the Supreme Court declares them unconstitutional.