Restoration of Rights

Family advocates are presenting evidence to state and federal representatives and urging that a congressional investigation be called toward the end of revamping the laws governing child protective agencies and child welfare.

High on the list for reform are state codes which provide for automatic termination of parental rights. These generally assume parents are guilty until proven innocent, and place the burden on parents to prove they are fit to raise their children — as opposed to the state to prove that they are not.

“It is a fantastic breach of due process of the law,” said attorney Michael Humiston, who refers to Utah law which allows the state Division of Child and Family Services (DCFS) to terminate parental rights merely because parents have failed to comply with a DCFS “treatment plan.” The state neither has to prove a child is in danger from the parents, nor show the parents are incapable. “When children are removed from homes, parents are often effectively charged with child abuse,” he said. “Yet they are given none of the due process protections given to other persons accused of crimes.”

Further, state employees involved in removing children from homes and caring for them once in state custody enjoy immunity from prosecution. Eliminating such immunity is a key step in righting the wrongs, according to Shell and Brown.

“Each individual worker has to be held accountable for what they do to the children and the family — for their action or for the lack of action they take that is harmful,” Shell said.

Until such reforms are widely adopted, the rights of countless more families like the Chaplins, Castillos and Rodriguezes will disintegrate in a system being abused by those who do not have the best interests of children at heart.

| Previous | Glossary of Scientology Terms | Contents | Next |
| Your view on this Scientology Website | Scientology Related Sites | Bookstore | Church of Scientology Freedom Magazine |

editor@freedommag.org

© 2000-2008 Church of Scientology International. All Rights Reserved.
Trademark Information