Another Texas CPS Failure

It may be a matter of "he said, she said" but the facts are that twin two-year-old sisters were horribly abused by one or more of their adult caregivers.
Calista Torres had bruises covering her forehead, stomach, back, inner thighs, knees, face, and bottom. A CAT scan revealed an acute and chronic hemorrhage to her head. Callista’s sister, Raquel Torres had healing fractures to her right forearm and a spiral fracture to the tibia of her left leg. Callista’s injuries required surgery to relieve the swelling in her brain.
Kirk Seevers who is charged with injuring to his 2-year-old stepdaughters is now pointing the finger at his wife, Brandy Lynn Seevers who’s facing the same charges. Brandy and her husband have been questioned twice by both Corpus Christi police and Child Protective Services. Brandy is sticking to her story.
Brandy told police she heard a "thump" from the baby room. When she went to check it out, she found her daughter, Callista, "unconscious, shaking on the floor and her eyes were back in her head."
Kirk’s original story was that he saw Callista on the floor "breathing deep and wheezing." When asked about the bruises covering Callista’s body, Brandy said that she "had not dropped any children" and Callista "bruised both her legs after getting them stuck in the corner of of the baby bed."
While Brandy and Kirk’s stories were slightly different, neither admitted to causing the injuries. However, in the second interview, Kirk’s story completely changed. When asked who injured Callista, he said Brandy caused the injury. They were potty training the twins, and he watched Brandy pick Callista up in a rough manner. Then he saw Callista’s head hit the door frame of the bedroom, and described the force as enough to move her head backwards. When he went to check on Callista and saw her lying on the floor, he picked her up, and then took her to his wife. Brandy took the child to the hospital.
Kirk also said that he had witnessed Brandy assault the children in the past.
At the hospital, Brandy told the investigator that her daughters would not behave and were defiant. She went on to say that she felt helpless when the "girls would look at me with that face! I hate that face!"
Brandy was questioned after Kirk changed his story, and only minor details were different from her original story. She continued to deny injuring her twin daughters.
Brandy Seevers was convicted of abusing her seven-year-old daughter back in 2005 and is still on probation for that felony charge. She had received counseling and taken anger management classes following the 2005 abuse case and was cleared by Child Protective Services to take care of the twins. Kirk Seevers has a clean criminal record, and has never been part of a Child Protective Services investigation. The twins real father, Xavier Torres, has filed a lawsuit, asking for full custody of the girls. He and his ex-wife, Brandy Seevers share custody.

Looks like Brandy's little courses and counselling mandated by CPS failed miserably, eh? My bet is it was her who did this, what's your bet?

Update

Update

1-28-2007
Well, the girls came for their first visit back with us and they were in terrible shape after only 10 days with the parents. Go Figure! We spent the entire weekend getting them well, clean and fed properly before having to take them back for more. We had to fill their prescriptions since the "parents" didn't bother.
I have sent in an application to join Bikers Against Child Abuse. I can't just set here and watch children continually abused by their abusers and the system any longer. BACA will protect abused children and support them throughout their ordeal(s) so I want to be a part of their organization and do my part.

Why This Blog?

Why This Blog?

March of 2005 our grandchildren were, more or less, dumped on us by their biological father. He was going to give them to the state because he and the children's mother were both arrested for family violence and both were drug abusers.
Shortly after taking in the children we learned they had been abused. As time passed, we learned of medical neglect, more physical abuse, educational neglect and found both to be severly malnourished. Had we not gotten them in to the doctor right away, the youngest may not have lived another month! It took months to get them healthy again. In the meantime, we filed for custody of the children to protect them from any further abuse/neglect.
CPS, in it's zeal to "reunify" ignored many of the facts concerning the abuse/neglect of the children and made a complete mess of their investigation(s). No one at CPS listened to the now 7 year old as she told of her mother trying to choke her to death and also trying to drown her in a creek. They didn't listen to her telling about not having food to eat, or the baby eating dog feces off the floor. They didn't listen when told the father threw lit cigarettes at the kids when he was angry or high. CPS didn't listen when told that the father kicked the kids in the back if they got in front of the TV. They didn't listen when medical records showed how malnourished the kids were and how ill the baby was because of it. There is so much more that it would take several pages to print everything that was done to the children.
As time went by, we had our day in court and won only a temporary victory for the children. Because of "reunification" and CPS lack of proper investigative techniques, Granny received Joint Custody of the children. I say a temporay victory because the court ordered the so-called parents (who were not even married, in fact the mother was still married to another man and abandoned another child who the other grandparents have had for 10 years), to complete some classes, ordered the mother to get a divorce and ordered that the parents must stay together for one year. If the parents completed all the orders, they get the children back and Granny retains Joint Custody, but without the superior rights she had.
There was no prosecution for what the parents had done because the DA was simply too lazy to do his job.
Now, one year after the court orders, the parents hurriedly completed their courses with only 3 days left requiring us to give the children back to them to be re-abused or worse. You see, even though the parents did their little courses, they have made no changes in lifestyle and have constantly hurt the children during visits. They have been reported numerous times for yet more abuse by third parties, but because of the court orders, CPS has had it's hands tied, or simply refused to do anything about the reports.
If I sound angry, I am! These agencies and courts that are supposed to protect children simply do not do their jobs thanks in part to Title 42 U.S.C..
When these innocent children were abused/neglected nothing was done to protect them by any agency! We had to do it all ourselves for nearly 2 years now only to have to put them right back into a situation that will surely get them hurt or worse. Most disparaging is the fact that we can't do anyting about it but wait for it to happen, and it will happen. We know exactly what the parents are, and they will not conform to society norms, have no respect for the law, and will most likely return to their drug lifestyle since they have done it for over 10 years.

Title 42 U.S.C. must be changed! Parents must be held accountable for their actions when they abuse/neglect their own children. The children should not ever be placed back into a situation that is dangerous because of "reunification mandates". Forced classes don't change the parents. There is plenty of documentation that proves this. So, Who is Watching the Children? It sure isn't big brother or the agencies charged with protecting them.

Remember this.... 4 children die in America each day because of abuse/neglect, and many of them were in the Child Protective system and returned to their abusers!

Want to do something about this? Write or call your Senators/Congressmen (women) and tell them to revamp the volumous Title 42 U.S.C. and really do something to Protect the Children. Make parents pay for their crimes when they abuse/neglect their children, not spank their hands and tell them no-no.

Talk about Contradictions...

Here are some suggestions for preventing child abuse (with the contradictions)
1. Understand your children; Have reasonable expectations and be reasonable if the child falls short. Contradiction: CPS will have parents attend "parenting classes" that have been proven useless in most cases. If the parent(s) don't have the natural skills to raise children, a class certainly won't help them.
2. Keep children healthy (denying food, sleep or medical care is abuse by neglect) Contradiction: CPS will often "educate" abusive, neglectful parents and return the children anyway without prosecuting the parents for their misdeeds.
3. Get help with Alcohol/Drug abuse problems. Contradiction: Children should not be in that environment in the first place. Only 1 in 100 meth users are actually able to stay off the dope for one year. Most drug abusers will turn to alcohol anyway, after all, it's legal! CPS will put the children back with the dope using parents if they take courses/counseling and pass a few drug screens. Again, no prosecution.
4. Watch your words. Contradiction: It does little good once the dirty deeds are done, and if CPS is involved they usually have been. Abusive parents "put down the kids all the time". CPS tells parents that is a no-no, but who watches the parents to make sure they abide???
5. Parents, Control yourself: Contradiction; Have you ever seen a drug addict "control him/herself ??? Not Hardly !!
6. Take a Time Out for yourself. Contradiction; Abusive parents take a time-out ??? Ain't happening in the real world ! We all know they act first, then try to cover it up !
7. Make the home a violence free zone. Contradiction; It is unrealistic to assume an abusive parent is going to do this, especially if they are substance abusers. The children are usually subjected to mommy and daddy fighting, drinking, watching violent shows on TV, and of course end up getting beat because mommy and daddy have to take out their frustrations on someone after their fighting is over. Then it's Shhhhh....don't tell anyone or you'll get more of the same !

All of the above suggestions (source, Child Magazine) are good and well in a perfect world, but we don't live in a perfect world and state agencies are all to quick to put at-risk children right back with abusive/neglectful parents in the name of "family preservation"! All too often this has disastrous results for the children, many of whom end up re-abused or worse! And once again, WHO WATCHES THE CHILDREN !

Fact; 85 % of state agencies call substance abuse the most cited problem in reports of maltreatment !
Fact; Violence between parents often leads to violence against the children in the home !
Fact; Poverty is a cause of abuse ! Of course, if you are doing drugs, it's kind of hard to keep a good job !
Fact; Parental capacity and skills, or lack thereof, can overwhelm parents ! It's kind of hard to have any capacity or skills when the parent relies on illicit drugs or alcohol just to make it through a day !

An Indepth Look at what Constitutes Child Abuse and Neglect

What is Child Abuse and Neglect?
Year Published: 2004

How is Child Abuse and Neglect Defined in Federal Law?
Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:

Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
An act or failure to act which presents an imminent risk of serious harm.

What Are the Major Types of Child Abuse and Neglect?

Within the minimum standards set by CAPTA, each State is responsible for providing its own definitions of child abuse and neglect 1. Most States recognize four major types of maltreatment: neglect, physical abuse, sexual abuse, and emotional abuse. Although any of the forms of child maltreatment may be found separately, they often occur in combination.
The examples provided below are for general informational purposes only. Not all States' definitions will include all of the examples listed below, and individual States' definitions may cover additional situations not mentioned here.

Neglect is failure to provide for a child's basic needs. Neglect may be:

Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)

Medical (e.g., failure to provide necessary medical or mental health treatment)2

Educational (e.g., failure to educate a child or attend to special education needs)

Emotional (e.g., inattention to a child's emotional needs, failure to provide psychological care, or permitting the child to use alcohol or other drugs)
These situations do not always mean a child is neglected. Sometimes cultural values, the standards of care in the community, and poverty may be contributing factors, indicating the family is in need of information or assistance. When a family fails to use information and resources, and the child's health or safety is at risk, then child welfare intervention may be required.

Physical Abuse is physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.
Sexual Abuse includes activities by a parent or caretaker such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.3

Emotional Abuse is a pattern of behavior that impairs a child's emotional development or sense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance. Emotional abuse is often difficult to prove and, therefore, CPS may not be able to intervene without evidence of harm to the child. Emotional abuse is almost always present when other forms are identified.

Resources
Child Maltreatment 2001: Summary of Key FindingsSummarizes national child abuse statistics regarding investigations of child abuse and neglect, victims of maltreatment, perpetrators, fatalities, and services.
How Does the Child Welfare System Work?A brief overview of the purposes and functions of the child welfare system from a national perspective.
Legal Issues and LawsInformation about legal aspects of child abuse and neglect from the National Clearinghouse on Child Abuse and Neglect Information.
Recognizing Child Abuse and Neglect: Signs and SymptomsLists general signs that may signal the presence of child abuse or neglect, as well as signs associated with specific types of abuse.

1 See Definitions of Child Abuse and Neglect, from the National Clearinghouse on Child Abuse and Neglect State Statutes Series. back2 Withholding of medically indicated treatment is defined by CAPTA as "the failure to respond to the infant's life threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) that in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions." CAPTA does note a few exceptions, including infants who are "chronically and irreversibly comatose"; situations when providing treatment would not save the infant's life but merely prolong dying; or when "the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane." back3Sexual abuse is defined by CAPTA as "the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children."

This material may be freely reproduced and distributed. However, when doing so, please credit the National Clearinghouse on Child Abuse and Neglect Information.
A Service of the Children's Bureau, Administration for Children and Families,U.S. Department of Health and Human Services
For more information, contact:National Clearinghouse on Child Abuse and Neglect Information330 C Street, SWWashington, DC 20447Phone: (800) 394-3366 or (703) 385-7565Fax: (703) 385-3206

Child Deaths and Influence of Substance Abuse Statistics

Each day in the United States, more than 3 children die as a result of child abuse in the home.
In 2000, an estimated 1,200 children died of abuse and neglect—an average of more than 3 children per day. (Victims known to child protective services agencies, which track abuse and neglect in the home.) 1
Most of the children who die are younger than six years of age.
Of these fatalities, 85 percent were under the age of six; 44 percent of the children were under the age of one. 1
More children (age four and younger) die from child abuse and neglect than any other single, leading cause of death for infants and young children.
This includes falls, choking on food, suffocation, drowning, residential fires, and motor vehicle accidents. 2
INFLUENCE OF SUBSTANCE ABUSE
Nearly one-half of substantiated cases of child neglect and abuse are associated with parental alcohol or drug abuse. 7
It is estimated that one in every four children in the United States (28 million) are living in a household with an alcoholic adult. 8

SOURCES:
1 U.S. Department of Health and Human Services, Children’s Bureau. National Child Abuse and Neglect Data System (NCANDS). Summary of Key Findings from Calendar Year 2000 (Washington, D.C.: April, 2002). Online summary of findings: www.acf.dhhs.gov/programs/cb/publications/index.htm
2 A Nation’s Shame: Fatal Child Abuse and Neglect in the United States (Published April 1995, U.S. Department of Health and Human Services, Advisory Board on Child Abuse and Neglect). Based upon figures from the National Safety Council and the Centers for Disease Control and Prevention.
7Child Welfare League of America: Alcohol and Other Drug Survey of State Child Welfare Agencies. Washington, D.C.: Child Welfare League of America, 1998.
8 Grant, B.: Estimates of U.S. Children Exposed to Alcohol Abuse and Dependence in the Family. American Journal of Public Health January 2000; 90:112, Washington.

Moments in America Regarding Children

Moments in America Regarding Children
Every 13 seconds a public school student is corporally punished. Every 23 seconds a baby is born to an unmarried mother. Every 35 seconds a child is confirmed as abused or neglected. Every 36 seconds a baby is born into poverty. Every 37 seconds a baby is born to a mother who is not a high school graduate. Every 42 seconds a baby is born without health insurance. Every minute a baby is born to a teen mother. Every 2 minutes a baby is born at low birth weight. Every 19 minutes a baby dies before his first birthday. Every 6 hours a child is killed by abuse or neglect.
Child Abuse and Neglect Statistics:
Texas Statistics for Fiscal Year 2004--
The number of children who died from abuse or neglect totaled 204.Child Protective Services received 206,978 reports of child abuse and neglect. There were 138,587 investigations of child abuse and neglect by CPS and 50,529 were confirmed victims.

From Justice For Children

From Justice For Children---News Release

Oprah Magazine Features Justice for Children and Founder Randy Burton

The November 2006 issue of Oprah Magazine article entitled “Please Daddy, No” described the dark and troubling hidden world of child abuse in America . (This magazine is available at your local newsstand through the middle of November.)
It also gave a stark view of the reasons why organizations such as Justice for Children are needed. JFC directly assisted in the rescue of four of the children mentioned in the article.

In the revealing and sometime shocking article by Jan Goodwin, the writer explains the strange paradox of a child protection and judicial system that allows abusers to commit repeated acts of violence upon those they are deemed to protect, punishes the accusers by removing the threatened child from their custody, and insulates the perpetrator from criminal liability under the protective umbrella of a “family” their abusive acts have already destroyed.

On page 350 of the magazine, under the headline: “Is Your Child In Danger,” Justice for Children is cited as the recommended refuge for victims and their protectors, and our website and phone number are listed for those needing help. Elsewhere on that page Justice for Children founder Randy Burton is quoted as saying that the judicial system is often subject to apparent bias, and that often apparently perverse custody rulings exhibit “a classic case of cronyism.”

Please check out the entire article at your convenience and share it with friends who are interested in learning more about the work done by Justice for Children .

Who's Watching the Children

Training

Are you aware that anyone with a Bachelors degree and 16 hours of in-house training can be hired by CPS in Texas as a caseworker?. That degree can be in almost any field resulting in caseworkers that have virtually NO experience being asssigned to cases of alleged abuse/neglect. Texas has very few caseworkers, or investigators, with any criminal investigative background. Since CPS sees itself as THE agency in charge where child abuse/neglect is alleged, law enforcement agencies are reluctant to help because they do not receive the financial incentives that CPS does. There is also a very serious lack of communication between CPS and Law Enforcement until a child dies.

Who's Watching the Children?

Child protection in the USA is a dismal failure. So, who is really watching the children? The agencies charged with protecting children from abuse and neglect often return the children back to their abusers in the name of "family preservation". These same agencies often create a "swinging door" if you will, that has resulted in countless, needless child deaths. While many reports of abuse are false, there are many more that are real. The agencies charged with protecting the children, investigating the alleged abuses, and making a determination "in the best interest of the child" often fail miserably due to a lack of training, a lack of investigative or law enforcement background, and case overloads.
Here we will discuss the problems, talk about what changes should be made to the "system", and much more.