The Civil Child Welfare Act
- van: Light in the Window Foundation of Virginia
- ontvanger: Esteemed members of the Commonwealth of Virginia State Legislature
For more information on how YOU can help,
go to http://lightinthewindow.com/
HOUSE BILL NO. [number] %uFFFD
Offered [DATE]
Prefiled [DATE]
A BILL to enact civil remedies for children from abusive households to seek alternate placement
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Patron--[Legislator's Name Here]
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WHEREAS;
The risks of being taken into custody by the Department of Social Services often deters children from reporting abuse or neglect.
AND WHEREAS;
The overburdened Department of Social Services, in many cases, finds itself unable to render assistance in a desirable manner to children whom are victims of abuse.
AND WHEREAS;
These abuse victims often find themselves emotionally damaged and unable to cope with the care and placement offered by the Department of Social Services, even more so than the abusive situation from which they effort to escape.
AND WHEREAS;
Law enforcement finds themselves hindered by the aforementioned factors in being able to get reliable testimony and disclosure from such child victims of abuse, thus, hindering their ability to prosecute the abusers.
AND WHEREAS;
Children are often able to provide better solutions for their own needs than the Department of Social Services can offer.
AND WHEREAS;
The current system provides very little right and credibility for the child to have any real say in his or her own placement.
AND WHEREAS;
Private citizens take incredible risk becoming involved in situations such as this, thus making them unwilling to assist the child, or report the abuse themselves.
AND WHEREAS;
Many attorneys are willing to represent children in need PRO BONO in cases such as the aforementioned,
AND WHEREAS;
Certain charitable organizations provide referrals TO such attorneys in cases such as the aforementioned.
THEREFOR;
An alternative method of dealing with such instances must be provided by the legislature in order to focus on the best interests of the child, instead of the narrow focus of Criminal Justice and The System. Furthermore, the child MUST have a voice and complete knowledge of his or her own fate in determining his or her future.
BE IT ENACTED by the General Assembly, the following:
1. Any child, being of the perception that his or her current living situation, be it with family, or in the custody of the Commonwealth of Virginia, is of great detriment to his or her health, physical well being, prospects of a good education, or psychological well being, shall have the right to seek relief from such a situation in CIVIL court. The child shall have the right to retain the services of an attorney of his or her own choice, and bring civil action against his caretaker(s), and direct said attorney to vet the alternate placement of that child's choice.
2. It shall not be required that the Department of Social Services be in ANY WAY involved in such a proceeding. In addition, it shall not be required that a complaint of abuse or neglect be filed, or deemed founded in order to bring such civil litigation.
3. In the determination of the adjudication of such civil matters as this, the jurist is directed to consider all evidence brought forth in such litigation by the child, and his or her witnesses, within the rules of evidence as established in the Commonwealth of Virginia. In addition, the jurist will make any decision to such a matter based on the preponderance of evidence brought forth in the case, instead of the criminal standard of%uFFFD "reasonable doubt".
4. The child's attorney shall, before submitting an alternate placement to the court for approval, shall obtain a signature from the proposed caregiver on a form allowing him or her to check said caregiver's criminal background, and submit said form to The Virginia State Police, and obtain said record before offering said alternative placement to the court. In addition, the child's attorney shall check the proposed caregiver's name against both the Virginia AND National Sex offender registry, and submit said result to the court along with the criminal records query. The court will then deem said placement as eligible, and in the event of a judgment for the plaintiff (the child), shall place said child in the permanent custody of the provided alternative placement as deemed desirable by the child and his or her attorney. Social Services shall NOT be required to do a home investigation, or background check on any alternative placement in such a proceeding. %uFFFD
5. In the event that the proposed alternative caregiver, or any resident of his or her home, appears on either sex offender registry, said caregiver shall not be eligible for consideration as an alternate placement for the child.
6. In the event that the proposed caregiver has been convicted of ANY crime, other than a sex offense, the court shall determine the fitness of such a placement based on the court's own discretion and judgment.
7. The court shall NOT consider a lack of alternative placement as a reason to rule against the petitioner in such litigation. In such an event, the child, and the child's attorney, upon a favorable judgment, shall be given an ample amount of time to seek OTHER alternative placement prior to an order of removal by the court.
8. In the event that no alternative placement can be found, the court shall, at the child's request, either place the child in the care of the Department of Social Services, or allow the child even more time to locate and suitable alternative placement.
9. It shall be the right of ANY child in the care or custody of the Commonwealth of Virginia Department of Social Services to bring such action at his or her own volition. Any such child, under this legislation, has the right to make contact with, or seek out the services of, an attorney or referral agency to represent his or her interests in such a case. It shall be deemed UNLAWFUL for any person or agency to inhibit or, otherwise, prevent any child from making such contact, or having PRIVATE meetings with his or her attorney. Violation of this basic right shall be deemed a CLASS 1 MISDEMEANOR.
10. The court shall, at the request of the Commonwealth's Attorney, make available to the Commonwealth any and all transcripts of proceedings brought in such a case, for use in prosecuting cases of abuse or neglect. Such transcripts shall remain under seal while in possession of the Commonwealth except for use at trial and discovery.
11. The court, if it determines that the CURRENT placement of the child is a danger to the child, or his or her alternative placement, shall issue an order of protection against any and all parties or agencies it deems a danger to the child or such alternative placement. This order shall be renewed by the court, upon expiration, until which time the child reaches the age of eighteen, or the court determines that the threat no longer exists.
12. Such action shall be the exclusive jurisdiction of the Circuit Court. Such action shall not be the jurisdiction of Juvenile and Domestic Relations Court, or the General District court of any locale.
13. Caregivers, or proposed caregivers named in such a civil litigation as this shall be indemnified from any and all civil or criminal prosecution which stems from such a litigation as this.
14. All records of such proceedings shall be SEALED to protect the privacy of the child, his or her alternative caregivers, and his current caregivers.
15. All proceedings in such a matter as this shall take place in CLOSED session.
16. The child's attorney, shall be granted access to any and all sealed documentation, records, notes, audio recordings, visual recordings, medical records, or any documentation whatsoever regarding the child's previous care or interaction with Juvenile and Domestic Relations Courts, care facilities,%uFFFD%uFFFD or any division of%uFFFD the Department of Social Services. Such documentation in any form shall be admissible as evidence in such a preceding as the aforementioned. In the event that any such record is omitted by any person or representative of said agency, that person or representative shall be guilty of a CLASS 1 MISDEMEANOR.
17. It shall be deemed UNLAWFUL for any child to bring such litigation falsely, or make false statements to bring such litigation. Bringing such a case, or causing such a case to be brought before the court under false pretense shall be deemed a Class 1 misdemeanor.
18. The Child's attorney shall have the right to subpoena witnesses from the Department of Social Services, Law enforcement, and any and all care facilities which have cared for said child.
19. In the event that the alternative caregiver finds him or herself in need of financial assistance in order to care for the child, and was not in such a position at the time of the civil proceeding, such assistance will have to be applied for under the current system of Social Services as any other parent would be required. In such a proceeding as this, it shall be assumed that the alternative caregiver is able to care for the child, financially speaking. No financial assistance from the state shall be within the jurisdiction of the court under this proceeding to order.
20. Any and all referral agencies providing legal assistance to children shall have to right to submit their name and contact information to the Department of Social Services, and, upon such a submission, said information shall be made available to EVERY child in the care of the Department of Social Services, any residential care facility under the bailiwick of the Department of Social Services, or IMMEDIATELY to any child who requests assistance of the Department of Social Services.
21. No limitations shall be placed upon such a proceeding that renders the proceeding invalid, based upon the age of the petitioning child. The court shall judge the voracity of the child's assertion and testimony on a case by case basis, and must only determine that the child has the intelligence to make such an assertion, and that the child is able to understand the gravity of the situation before him or her, and the consequences thereof.
go to http://lightinthewindow.com/
HOUSE BILL NO. [number] %uFFFD
Offered [DATE]
Prefiled [DATE]
A BILL to enact civil remedies for children from abusive households to seek alternate placement
----------
Patron--[Legislator's Name Here]
----------
WHEREAS;
The risks of being taken into custody by the Department of Social Services often deters children from reporting abuse or neglect.
AND WHEREAS;
The overburdened Department of Social Services, in many cases, finds itself unable to render assistance in a desirable manner to children whom are victims of abuse.
AND WHEREAS;
These abuse victims often find themselves emotionally damaged and unable to cope with the care and placement offered by the Department of Social Services, even more so than the abusive situation from which they effort to escape.
AND WHEREAS;
Law enforcement finds themselves hindered by the aforementioned factors in being able to get reliable testimony and disclosure from such child victims of abuse, thus, hindering their ability to prosecute the abusers.
AND WHEREAS;
Children are often able to provide better solutions for their own needs than the Department of Social Services can offer.
AND WHEREAS;
The current system provides very little right and credibility for the child to have any real say in his or her own placement.
AND WHEREAS;
Private citizens take incredible risk becoming involved in situations such as this, thus making them unwilling to assist the child, or report the abuse themselves.
AND WHEREAS;
Many attorneys are willing to represent children in need PRO BONO in cases such as the aforementioned,
AND WHEREAS;
Certain charitable organizations provide referrals TO such attorneys in cases such as the aforementioned.
THEREFOR;
An alternative method of dealing with such instances must be provided by the legislature in order to focus on the best interests of the child, instead of the narrow focus of Criminal Justice and The System. Furthermore, the child MUST have a voice and complete knowledge of his or her own fate in determining his or her future.
BE IT ENACTED by the General Assembly, the following:
1. Any child, being of the perception that his or her current living situation, be it with family, or in the custody of the Commonwealth of Virginia, is of great detriment to his or her health, physical well being, prospects of a good education, or psychological well being, shall have the right to seek relief from such a situation in CIVIL court. The child shall have the right to retain the services of an attorney of his or her own choice, and bring civil action against his caretaker(s), and direct said attorney to vet the alternate placement of that child's choice.
2. It shall not be required that the Department of Social Services be in ANY WAY involved in such a proceeding. In addition, it shall not be required that a complaint of abuse or neglect be filed, or deemed founded in order to bring such civil litigation.
3. In the determination of the adjudication of such civil matters as this, the jurist is directed to consider all evidence brought forth in such litigation by the child, and his or her witnesses, within the rules of evidence as established in the Commonwealth of Virginia. In addition, the jurist will make any decision to such a matter based on the preponderance of evidence brought forth in the case, instead of the criminal standard of%uFFFD "reasonable doubt".
4. The child's attorney shall, before submitting an alternate placement to the court for approval, shall obtain a signature from the proposed caregiver on a form allowing him or her to check said caregiver's criminal background, and submit said form to The Virginia State Police, and obtain said record before offering said alternative placement to the court. In addition, the child's attorney shall check the proposed caregiver's name against both the Virginia AND National Sex offender registry, and submit said result to the court along with the criminal records query. The court will then deem said placement as eligible, and in the event of a judgment for the plaintiff (the child), shall place said child in the permanent custody of the provided alternative placement as deemed desirable by the child and his or her attorney. Social Services shall NOT be required to do a home investigation, or background check on any alternative placement in such a proceeding. %uFFFD
5. In the event that the proposed alternative caregiver, or any resident of his or her home, appears on either sex offender registry, said caregiver shall not be eligible for consideration as an alternate placement for the child.
6. In the event that the proposed caregiver has been convicted of ANY crime, other than a sex offense, the court shall determine the fitness of such a placement based on the court's own discretion and judgment.
7. The court shall NOT consider a lack of alternative placement as a reason to rule against the petitioner in such litigation. In such an event, the child, and the child's attorney, upon a favorable judgment, shall be given an ample amount of time to seek OTHER alternative placement prior to an order of removal by the court.
8. In the event that no alternative placement can be found, the court shall, at the child's request, either place the child in the care of the Department of Social Services, or allow the child even more time to locate and suitable alternative placement.
9. It shall be the right of ANY child in the care or custody of the Commonwealth of Virginia Department of Social Services to bring such action at his or her own volition. Any such child, under this legislation, has the right to make contact with, or seek out the services of, an attorney or referral agency to represent his or her interests in such a case. It shall be deemed UNLAWFUL for any person or agency to inhibit or, otherwise, prevent any child from making such contact, or having PRIVATE meetings with his or her attorney. Violation of this basic right shall be deemed a CLASS 1 MISDEMEANOR.
10. The court shall, at the request of the Commonwealth's Attorney, make available to the Commonwealth any and all transcripts of proceedings brought in such a case, for use in prosecuting cases of abuse or neglect. Such transcripts shall remain under seal while in possession of the Commonwealth except for use at trial and discovery.
11. The court, if it determines that the CURRENT placement of the child is a danger to the child, or his or her alternative placement, shall issue an order of protection against any and all parties or agencies it deems a danger to the child or such alternative placement. This order shall be renewed by the court, upon expiration, until which time the child reaches the age of eighteen, or the court determines that the threat no longer exists.
12. Such action shall be the exclusive jurisdiction of the Circuit Court. Such action shall not be the jurisdiction of Juvenile and Domestic Relations Court, or the General District court of any locale.
13. Caregivers, or proposed caregivers named in such a civil litigation as this shall be indemnified from any and all civil or criminal prosecution which stems from such a litigation as this.
14. All records of such proceedings shall be SEALED to protect the privacy of the child, his or her alternative caregivers, and his current caregivers.
15. All proceedings in such a matter as this shall take place in CLOSED session.
16. The child's attorney, shall be granted access to any and all sealed documentation, records, notes, audio recordings, visual recordings, medical records, or any documentation whatsoever regarding the child's previous care or interaction with Juvenile and Domestic Relations Courts, care facilities,%uFFFD%uFFFD or any division of%uFFFD the Department of Social Services. Such documentation in any form shall be admissible as evidence in such a preceding as the aforementioned. In the event that any such record is omitted by any person or representative of said agency, that person or representative shall be guilty of a CLASS 1 MISDEMEANOR.
17. It shall be deemed UNLAWFUL for any child to bring such litigation falsely, or make false statements to bring such litigation. Bringing such a case, or causing such a case to be brought before the court under false pretense shall be deemed a Class 1 misdemeanor.
18. The Child's attorney shall have the right to subpoena witnesses from the Department of Social Services, Law enforcement, and any and all care facilities which have cared for said child.
19. In the event that the alternative caregiver finds him or herself in need of financial assistance in order to care for the child, and was not in such a position at the time of the civil proceeding, such assistance will have to be applied for under the current system of Social Services as any other parent would be required. In such a proceeding as this, it shall be assumed that the alternative caregiver is able to care for the child, financially speaking. No financial assistance from the state shall be within the jurisdiction of the court under this proceeding to order.
20. Any and all referral agencies providing legal assistance to children shall have to right to submit their name and contact information to the Department of Social Services, and, upon such a submission, said information shall be made available to EVERY child in the care of the Department of Social Services, any residential care facility under the bailiwick of the Department of Social Services, or IMMEDIATELY to any child who requests assistance of the Department of Social Services.
21. No limitations shall be placed upon such a proceeding that renders the proceeding invalid, based upon the age of the petitioning child. The court shall judge the voracity of the child's assertion and testimony on a case by case basis, and must only determine that the child has the intelligence to make such an assertion, and that the child is able to understand the gravity of the situation before him or her, and the consequences thereof.
We, the Registered Voters of Virginia ask that this legislation be brought to the floor of the legislature, passed into law in its current form, and signed by the Governor into law.
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