Suggestions for Public Policy

September 12, l998

Velma Hartwig

1534 Mary’s Peak Rd.

Blodgett (Harlan), OR 97326

Phone: (541) 438-4126

There are a number of changes needed to prevent the State from abusing families. General necessities are as follows:

  1. Forced Evaluations: No person will be forced to take an "evaluation" or be subjected to "tests" to prove guilt. The Fifth Amendment of the Constitution protects against self-incrimination. The current practice of having a psychological evaluation is prejudicial; many other forced tests are bogus as well.
  2. Bogus Tests: There are a number of tests being used by SCF, which are without merit. Unfortunately Oregon courts have fallen into the pattern of ordering these tests in cases involving possible child sexual abuse. The most popular one is the Penile Plythsmograph. It has never been subjected to a blind study. Thousands of individuals have been the victims of this "test" and have lost their children. Dr. Jan Bays and some associates have extensively used another popular "theory" in the past. It involved measuring little girls’ hymens and taking pictures with a culpascope. If there were bumps and ridges or small "scars" or if the measurements of the opening were more than so many centimeters, it was proof they had been molested. This theory was destroyed when Dr. John McCann, a well-known expert in his field, did a blind study. He found there was no difference in the appearance of genital tissue between children who had been molested by inappropriate touching and those who had not been. The people who were convicted as a result of this theory are still in jail and no effort has been made to give them a new trial.
  3. Screening: Any person dealing with children, including foster parents, social workers, child care facility employees, etc. should have background checks run for both criminal and driving records to see if there are any serious concerns (such as DUI convictions), or any criminal activity.
  4. Replace SCF with A Family Help Agency: This agency would be responsible for family counseling and referral to other services such as Alcohol and Drug Rehab, Housing Authority, Employment Counseling, Mental Health, etc. The Family Help Agency should offer such services as education for new parents, problem solving, stress management, relief for caretakers, etc. Under no circumstance should this agency interfere with family unity. Oversight could be provided by the County Commissioners or by a citizens’ group appointed by the Commissioners (to be composed of individuals not in any way connected with any agency.) This agency should be operated on a voluntary basis only. No person should be forced to use its services.
  5. Investigation: All investigations of child abuse or neglect should be done by the local law enforcement agency. Law enforcement persons are trained to investigate in a professional manner and hopefully can be relied upon to use that training. In the event the law enforcement agency does not perform its function properly, there are already methods in place to make sure the problem is corrected.

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  6. Removal: There is nothing more damaging to a child than the forced removal from those he loves and trusts. Irreparable harm is being done by SCF at the present time with little or no concern on their part to protect the child from mental anguish. If a child must be removed from his home on a temporary basis because of an emergency, every effort must be made to find a relative or close friend who is willing to take care of the child until a more permanent solution (if necessary) is found. Foster care should be a last resort. A court hearing should be convened within twenty-four hours to determine if this is the only solution available. No child should be removed on a permanent basis unless a jury trial proves the parents are unfit or have committed a crime. In any case, family members should be given first consideration for permanent care.
  7. Foster Care: Foster care must be used only as a last resort. In an emergency where temporary care is needed, a group home in larger cities and heavily populated areas could be used. That would eliminate the "scramble" to find emergency shelter and would assure siblings would not be separated in a time of crisis. In the few extreme cases where there are no relatives or close friends to care for children, foster homes would be used until the child is returned to the family or adopted. Siblings should not be separated. to assure there are no abuses of the system, I would suggest a panel of citizens from the local area – in no way connected with any other agency – to be chosen by the County Commissioners for this purpose.
  8. Adoptions: Adoptions should be under the jurisdiction of the court. Voluntary private adoptions should be handled either through an adoption agency or an attorney. If, however, the parent(s) and a private party wish to make an agreement, the court would review the said agreement to make sure everyone is protected. If a child is removed from his parents by the court, a court appointed investigator should follow through with any needed research to assure the court the child’s best interest is being protected. Family members should always be given first consideration.
  9. Records: A family folder should be kept on every child who enters the "system." This folder should be made available to the child when he reaches twelve years of age and to immediate family members upon request. The folder should contain the names, addresses and social security numbers of all persons who were involved. Everyone should sign a waiver taking full responsibility for their actions - including the judge, foster parents and any other person involved in the removal. In order to protect this information, the folder should be held under the jurisdiction of the court and the family must be made aware of its existence.
  10. Drug and Alcohol Rehab: There is a serious lack of facilities that allow mothers to keep their young children during rehab. This situation creates a reluctance to get the help they need. Therefore, it is essential arrangements be made in more locations to accommodate these children. In no case should children be removed from a mother because she needs help and is willing to get it. If it is not feasible for her to have her children with her, she should receive help in finding a temporary home for them if necessary. She should also be free to make her own arrangements. I’m not sure if Drug and Alcohol Rehab is an independent agency at the present time. If it isn’t, it should be. Since this is a medical problem, oversight should be by the Health Department.
  11. Medical Help for Chronically Ill Children: The current practice of the State is to take custody of children when they need long-time care. This must be stopped!
  12. Videotaped Interviews: All interviews of children must be videotaped. A timing device should be used to prevent tampering

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  13. Fourth Amendment Rights: Citizens must be given jury trials as guaranteed by the Constitution. Juries must be fully informed of their responsibilities and ALL OF THEIR RIGHTS including the right to judge the law as well as the incident.
  14. Multiple cases: "Shredding" cases into eight or ten different court hearings should be illegal. One incident should be tried in one hearing, not used to harass and intimidate the accused. The Court MUST be held responsible for its actions and not allowed to cover up misuse of power.
  15. Immunity: NO ONE SHOULD BE EXEMPT FROM CRIMINAL LIABILITY OR FROM A LAWSUIT WHEN THEY HAVE VIOLATED THE LAW OR A PERSON’S CIVIL RIGHTS. This does not mean state or county employees should be subjected to indiscriminate civil/criminal actions. A thorough investigation must be made of the charges, preferably by a Grand Jury. The Oregon Legislature and Senate Oversight Committees should have the responsibility of assuring these requirements are carried out and should have the authority to call for a Grand Jury investigation when they determine it is necessary.