by Rebecca Barraza-Aanestad
In 1985 my husband died in San Francisco. His death
was sudden and unexpected. I had three young children
all under the age of seven.
A CPS social worker (Child Protective Services) in
San Francisco visited my home which at that time was a
hotel room. A lot of welfare recipient's were forced
to live in hotel rooms which at that time rented for
about $200.00-$300.00 per month. Property owners of
these big hotels in San Francisco contracted with the
city or county department of social services to rent
out rooms to families with children that were on AFDC
(Aid to Families with Dependent Children), at that
time. I think now it's called TANF or Welfare to Work
Program.
My husband had just passed away and I was grieving
over his death. I allowed my daughter to stay with my
late husbands mother temporarily. Well, his mother
took advantage of my situation. Several weeks later I
heard a knock on my front door and it was a stranger.
She identified herself as Mrs. Wolff with the
Department of Social Services in San Francisco. I
answered the door and told her that my husband had
just passed away and I was grieving and I didn't want
to be disturbed. This CPS social worker absolutely
would not go away. She insisted that I talk with her
after I told her that I did not want to talk to her.
After she wouldn't leave, I finally let her in and
that was a GRAVE MISTAKE, one that I would never
forget the rest of my life! I allowed her into our
hotel room and that was the end of that. All I
remember telling her is that I didn't feel like living
anymore because my husband was dead and she took that
to mean whatever she wanted that to mean and she left
and I guess she went back to her office and typed up a
report (they're experts at typing up their reports
that are full of malice and fraud), that said I was
suicidal and an alcoholic and that my young daughter
and son had psychological damage from living with my
husband and his mother and with that information she
filed a "PETITION" for me to appear in Juvenile
Dependency Court in San Francisco.
I was summoned to appear in Juvenile Dependency Court
on April 1, 1985. I'm positive Mrs. Wolff remembers
me because I can't forget her nor Judge Gargano in
Juvenile Dependency Court in San Francisco.
So, because of my husband's death and my daughter's
removal from my custody in April 1985; this is what
started the nightmare of "CPS" "following" my family
for the past 15 years!! It has been a true
"NIGHTMARE!"
How would the judge himself or herself like it if CPS
took their children away from his or her family?
Or if the Attorney General had his children taken away
by CPS or a California State Assemblywoman had her
children taken away by CPS!? I bet they would get their children back in a
heartbeat
wouldn't they? But, because the average layperson
doesn't have the money or resources or staff to help
them get their children back.....so many families end
up in the "Child Protective Services" that work under
the guise of the "Department of Social Services."
Today the DSS, law enforcement, schools, and the
Juvenile Dependency Court System work together.
They're like intertwined with one another to keep our
children in the system.
The DSS (Department of Social Services), and the
Juvenile Dependency Court System does a disservice to
the women, children, men, grandparent's, and single
parent's that end up in the "CPS" Juvenile Dependency
Court System otherwise known as "The Child Abuse
Industry."
They do a disservice for the following reasons:
A) Parent's cannot afford attorney fees that are
outrageous in order to get their children back.
B) Parent's have to depend upon the Juvenile
Dependency Court Public Defenders who don't even
know what they are doing and if they do they go
along with the CPS social workers and judge's
recommendations just to get you out of court and on
to their next case because their caseload is so
heavy and they themselves have no help!
C) The public defender's are incompetent and fresh
out of law school therefore they have no
experience in the juvenile dependency laws.
D) The Juvenile Dependency Laws are bad and unjust,
like the Welfare and Institutions Code Section
300 (Child Abuse and Neglect law).
E) CPS social worker's are not offering "services"
to the families under the Adoption Assistance and
Child Welfare Act of 1980 (Public Law 96-272);
this piece of legislation was put in place to
"preserve families" not destroy them and our
Juvenile Dependency Court Judges' are not following
these recommendations instead they are terminating
parental rights and adopting our children to other
families that are complete strangers to our
children!
F) CPS and the Courts are ignoring "reasonable
efforts" in reuniting foster children with their
biological parents and, this is in contradiction to
the Child Welfare Act of 1980!
G) CPS is allowed to write reports that are full of
"malice", "fraud", and "hearsay evidence" which
violates parental and children's rights!
Our laws clearly allow these officials to reunite
families with their biological children and to give
these poor and middle class families reunification
services and, they are disobeying the laws and the
Child Welfare Act of 1980. The CPS social workers
write up their reports based upon "hearsay" evidence
and they give their reports to the juvenile dependency
court judges who know nothing about the truth of the matter because how can
a judge really know the truth just by reading some
report based upon what someone else says. It's stupid and ridiculous! They
can't do that and justify themselves. Also, the CPS
social workers are suppose to give parent's their
social reports at least two weeks before they go into
court and I remember back when I used to go to
dependency court, I never received the reports two
weeks in advance like I was suppose to and these
social workers always gave me the reports on the same
day I went to court. I finally figured out why. It's
because they don't want parents to have enough time to
rebuff or attack their reports in order to defend
themselves in dependency court. Over the past 15
years I have spoken with countless parents that
complained to me that they always received their
reports the same day they went to dependency court.
And, when you appear in court and read these reports
that are full of malice and fraud you say to your
public defender or attorney, "Hey, this is false or
this is a lie it didn't happen this way or that way or
this is not what really happened these people are
lieing and your stuck there in the courtroom with out
a defense and your public defender or attorney can't
do a dam thing about it because their stuck between a
rock and a hard place also. So, the entire "child
welfare system" is full of malice and fraud and the
unjust laws allow these social workers to get away
with such tactics. I call them "tactics" because it's
a systematic plan and procedure for promoting a
desired end and, the desired end is to take and keep
your children in the CPS child welfare system. You
see I didn't understand these things until my family
went through the entire "system" over the past 15
years and, it has been a "horrid and demoralizing
nightmare!"
These are just some of the reasons why the current
system does not work. And, you have all the officials
and parent's that will agree with me yet, nobody does
anything about it. They say, "Well, the laws are
already in place what can we do?" It irks me to think
that we live in such a great country with such great
resources and yet nobody wants to change the system!
And, this is what lead me to start a political group
called "Parent's Against Child Abuse" in December of
1989, and later named "Parent's Against The Child
Abuse Industry" around 1994.
I had just gotten my daughter back in the late summer
of 1986, almost one year after she was taken away from
me in 1985. Then a horrible incident took place in
May 1987 and all three of my children were taken away
by CPS in San Jose (Santa Clara County), California.
Little did I know that this second time was going to
be the worst time in my life trying to get my children
back.
And, it was. My juvenile dependency court case
started in San Francisco County then transfered to
Santa Rosa, Sonoma County, and ended up in San Jose,
Santa Clara County. It's a miracle I didn't end up a
paranoid schizophrenic diagnosis. Which leads me to
talk about the "Psychological Evaluations" that the
dependency courts use to determine whether a parent is
"fit" or "unfit" to care for their children or should have
their "parental rights" taken away and dissolved by
law. Can you
imagine having a baby that you really love and you try
your best to raise this child in a healthy way even
though you don't have a lot of money and maybe your
living below the poverty level but you still love and
take care of that baby to the best of your ability
and......some CPS social worker comes along and into
your life and accuses you of abusing and neglecting
your baby for some minor incident or not having enough
money to buy milk or some dam thing and they initiate
dependency court proceedings on you and your husband
for these reasons and then take your baby away based
on the fact that your poor and don't have enough money
to pay for the necessities in life! Our CPS system
should be ashamed of itself for doing this to families
and destroying life and the American Family Unit as a
whole! And, I'm here to tell the whole world what
they really do behind closed doors in those juvenile
dependency court proceedings. We're suppose to be
living in a democratic society not a "communistic"
society but it doesn't make me feel like we are. Take
for instance President Bush's female advisor, what's
her name, his assistant in the White House right now
as we speak, I heard in the news yesterday 4-24-02,
that she is leaving her position at the white house in
order to be with her family and raise her 15 year old
son.....you know why?.....I'll tell you why....because
she doesn't want CPS to get a hold of her son and run
her family through the juvenile dependency courts for
"neglect." How about that one, just another story
that could turn horrid huh?? I'm protected by my
First Amendment Right, free speech. I'm not accusing
her of any wrong doing but the fact of the matter is
if parent's don't take care of their
children.......then they can and will have their
children taken out of their custody. It can even
happen to a judge, lawyer, doctor, dentist,
assemblyman, assemblywoman, or just your average
layperson who makes $5.50 an hour. Nobody is immune
from this corrupt unjust system that feeds their
mouths and gets their paychecks off legally stealing
our children. It's UNJUST and it's CORRUPT.
Now, this leads me to talk about........
HOW I LEARNED TO DO PARALEGAL WORK
After my daughter was returned to my custody in June
1986, (we moved to San Jose in 1985), I enrolled
myself into a junior college, De Anza College, in
Cupertino, California, where they have a wonderful
Paralegal Program and great staff to support the
program. I started studying the laws and the whole
judicial system because by this time I took a great
interest in the way our laws are decided upon.
Our laws are put into place by our California State
Legislators in our State Capitol in Sacramento,
California. A lot that I have learned is through
education and educating myself by reading and studying
our judicial system. That's the only way one educates
himself or herself. Get off your but and do something
about the laws if you don't like them. Change doesn't
come by sitting on your ass and watching TV or going
to the Movies. If people want change they are gonna
have to FIGHT for their RIGHTS. Martin Luther King
Jr., knew this. That's why he
started supporting the civil rights movement. He did
something about it.
So, I enrolled into college and took as many law
classes as I could to better understand our judicial
system and functions. Mind you this was fifteen years
ago. So, over the last 15 years I have been to more
court proceedings than the average layperson. And,
over time there have been changes made in the "CPS
Child Welfare System" but not a whole lot. Which
brings me now to talk about these recent changes in
the last seven years. By the way I never did finish
getting my AA Degree or Paralegal Certificate, but I'm
three classes away from finishing. Will I ever
finish? Only God knows at this time....
Now, I would like to talk about these most recent
changes in the past seven years. On October 16, 1995
Ex-Governor Pete Wilson signed AB 1355 into law in
spite of strong opposition from social workers, law
enforcement, and the medical profession or psychiatric
profession among other groups but, I'm here to say
they didn't win this time! They already have enough
power and so now some of the POWER was restored back
to the PEOPLE by and through this piece of
legislation.
Also, Ex-Governor Pete Wilson wrote in his signature
message of the bill, "The child protection system is
designed to protect children from abusive parents, but
who protects children from the abuses of the system?"
Great going ex-governor Pete Wilson. We "thank you"
and God Bless you and your family even though it's
seven years later! And, most people don't even know
that this law exists. Now, you can sue the hell out
of social workers for "malice" and "fraud" under this
law. Don't forget first you have to file a claim with
your County Board of Supervisors in the county you
live in. The board has the form or the guidelines for
a person to do this and you have to go to their office
and pick it up. I advise all people that have been
abused by this child welfare system to do just that.
It's great advice.
Don't allow these laws in our great country to abuse
your rights nor your childrens rights. That's why we
have a great judicial system in this country. If you
don't like your rights being abused, don't shout,
pout, or scream......just take em to court! Social
workers love to write in their social reports that the
parent yelled at them or cussed at them or became
obnoxious toward them......you don't have to do that
just file your lawsuit against them for "malice" or
"fraud."
So, AB 1355 became law on January 1, 1996. We had
support from groups, parent's, officials, lawyer's,
public defender's, and from the public (those people
that are involved with changing the laws and that have
lost their children through the CPS System). It was
truly a MIRACLE that ex-governor Pete Wilson signed
the bill and it was passed into law. AB 1355 reduces
the unconstitutional absolute CIVIL immunity of social
workers to a qualified immunity similar to that which
protects law enforcement
personnel. And, you better believe that you can sue
social
workers now in State or Federal Court.
I just finished a Federal lawsuit in which I sued a
city of San Jose police officer for violating my civil
rights, unfortunately, the city settled out of court
with me but I sure wanted to take that particular case
to a full blown out trial but, when the federal judge
referred me to the Federal Pro Bono Project here in
Santa Clara County they couldn't find an attorney to
take my case so this is another problem people face
out there in the real world.
It's always hard to find an attorney that is willing
to help in the area of Juvenile Dependency Law. Most
are not well versed in this area of the law. And, the
juvenile dependency court proceedings are so corrupt
to say the least that most of the time social workers
get what they want and that is to remove your children
from your care and control.
So, then the State becomes the "Parent" or "Parens
Patriae" because this allows the State to take control
of the juvenile and act in the "best interest" of
child and when the State can do that well we all know
what happens then. The State can and will put your
child in a sattelite home and then in a foster care
home or place your child up for adoption and then from
there they act up and out so bad that eventually the
child or children run away from the placement that the
courts originally placed them in and this starts the
whole process of the child or children ending up in
the Juvenile Criminal Court System which is in a way
connected to the Juvenile Dependency Court System. I
should KNOW, this is exactly what happened to all
three of my children. I was FURIOUS to say the least!
All three of my children got caught up in the
juvenile criminal system after being in foster care
for over 10 years and none of them graduated from High
School! MAD, I wasn't mad I had the WRATH of GOD
about me!
Also, I want to talk about the most recent case to
date. It is the "Calabretta" family lawsuit. It was
argued and submitted on June 8, 1998 in San Francisco,
California. The Ninth Circuit Court of Appeals ruled
in favor of the Calabretta family on August 26, 1999.
The case is as follows:
Poor magazine has copy of article from Home School
Legal Defense Association.
Which now leads me to talk about the recent lawsuit
my 18 year old filed on behalf of our family. On
April 4, 2002, my youngest son filed in the United
States District Court for the Northern District of
California his lawsuit against the CPS social workers
that violated his Constitutional Rights and committed
torts upon himself, his sister, and his brother. He
is suing the San Francisco Department of Social
Services, CPS social worker Mrs. Wolff; the Santa
Clara County department of Social services, CPS social
worker Priscilla Merek and Richard Wong; and the
Office of the Public Guardian and Conservator's does
1-50; for illegally raiding our home on March 2, 2001,
in San Jose, California. If these people think they
are going to get away with committing torts against my
family I'll have them thinking twice about what they did. We are currently waiting to hear from the United States District Court Federal
Judge at this moment in time.
My children don't want their names exposed as you can
very well understand.
Thank you for doing this important press interview
and I'd like Poor Magazine/News to know that you are
the first to cover this story. God Bless You All!
Rebecca Barraza Aanestad
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