Family Defense

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In a Mother's Defense Print E-mail

Bernadine L. was trying to get help for her mentally ill foster/adoptive son. Instead, she wound up in a custody battle. The Family Defense Center took her case and is fighting to help her reunite her family and get the services her son needs.

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Mother’s Day should be a time to celebrate and honor the bond between parent and child.

Not every mother will get that chance this year.

The state agency charged with safeguarding children unjustly takes countless numbers of children away from loving parents. With a documented error rate of nearly 75 percent, someone had to step up to defend families that are paying the price for bad policy.

The Family Defense Center, founded in 2005, is the only organization of its kind that provides direct legal services to parents we believe have been unfairly labeled as neglectful or a danger to their children. Most of our clients are mothers who happen to be poor, single, teenaged, abuse victims, or disabled.

This Mother’s Day, honor deserving mothers who won’t get to spend the day with their children with a donation to the Family Defense Center so that we might continue to do this important work.

We pay tribute to Bernadine, who, for all she’s tried to do for her son, should be getting an award for “Mother of the Year.” Bernadine, you have our vote.

(Bernadine and her younger son Rudolph will miss Rico this Mother's Day, since DCFS became Rico's substitute parent due to barbaric forced custody relinquishment policies.)

For Her Son

Bernadine was a licensed foster mother when Rico and his younger brother Rudolph were placed into her home by Ada S. McKinley Community Services, a DCFS contract agency. Rico was only 3 years old. He had been severely abused as a baby and bounced through the homes of several relatives before being placed permanently with Bernadine. A very diligent mother, Bernadine owns a home and works as an accounting clerk, dedicating herself to her children and fervently advocating for their education. When DCFS funds for their care didn’t suffice to get the enrichment services they needed, Bernadine dug into her own pocketbook for tutoring and after-school activities.

Rico’s needs continued to escalate however, as he grew older. Bernadine recalls, “This started at the age of 5. I have sought help for my now 15 year old through agencies, doctors, hospitals, church, mentors, activities, therapy, counseling, medications, residential placements, sport activities.…” But it became apparent that he needed psychiatric care after he made serious threats against his mother, brother and grandmother. Not knowing where to turn for help to keep Rico and get the psychiatric care he needed, in February 2011, Bernadine reluctantly agreed that DCFS should step in to provide residential care for Rico outside her home. She was not told that it is possible to keep custody of Rico and get in-home and out-of-home services for him paid for under Medicaid. She was told by DCFS giving up custody to the state was her only option in order to access necessary care for Rico.

“ I reached out to them (DCFS and the legal system) praying and hoping that they would give my son the medical necessary severe level of that he/we needed to help us remain a family.” Bernadine said. “In return, I received three Division of Child Protection investigations of abuse and neglect (all unfounded), lost custody of my son to DCFS, and I am being traumatized by the legal system. I feel like I am treated as a criminal; as if I am the cause of my son's illnesses when all I have ever done is advocate to get him the help he needs.”

Read more... [In a Mother's Defense]
 
The Family Defense Center's mission is to advocate justice for families in the child welfare system. We advocate for families who need our help the most: families threatened with losing their children to foster care. Nothing is more painful for a child than to be taken from the only parents he or she knows. Yet, child protection systems throughout America frequently remove children from parents as a first resort, not a last resort. Many parents lose custody of their children to state foster care systems primarily because they are poor or because they are victims of abuse themselves. Far too many children in foster care bounce from home to home and are separated from siblings. Any family can be the victim of a false, harrassing, or misguided Hotline call.

Throughout America, families at risk of separation lack legal resources to mount adequate defenses against abuse or neglect charges even when they are innocent.

The Family Defense Center is the first of its kind: a legal advocacy organization that provides high level systemic advocacy and grass-roots activities for families treated unfairly by state child protection agencies. The Family Defense Center defends children who can be safely raised in their own families and helps families preserve their right to raise their own children. The Family Defense Center is a member-supported organization, deriving most of its funding from individual contributions. Please consider making a contribution today to help protect chldren by defending families.

Our Program Areas Are:

  • Direct Legal Services
  • Policy Advocacy
  • Systemic/Civil Rights Litigation
  • Parent Empowerment Program
  • Training/Education/Family Defender Newsletter
  • Pro Bono Legal

* Services are provided in our Direct Legal Services Program, Policy, Advocacy, Systemic/Civil Rights Ligitagation



The Family Defense Center
70 E Lake St, Suite 1100
Chicago, IL 60601

t: 312-251-9800
f: 312-251-9801
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Immigrant Mother, Represented by Family Defense Center Pro Bono Attorney James Sojoodi, Wins Exoneration After DCFS Misunderstandings Led to False Child Abuse Allegations Print E-mail

Rita, a rRita_daughterecent immigrant from Nigeria, was in the bathroom when she heard her 13-month-old daughter Rachel crying.A little later, when she and her husband noticed their daughter was limping, they did what any concerned and good parents would do:  they promptly sought medical attention for their child.

When Rita could not explain exactly how the leg injury occurred, medical staff called the DCFS Hotline.  In the investigation that ensued, DCFS unrealistically expected that Rita should never had let the child out of her sight, and her inability to explain what happened was compounded by a language and cultural barrier. To make matters worse, DCFS never consulted with any expert orthopedist.

Read more... [Immigrant Mother, Represented by Family Defense Center Pro Bono Attorney James Sojoodi, Wins Exoneration After DCFS Misunderstandings Led to False Child Abuse Allegations]
 

Please help us make justice for families a reality. Please make contribution to the Family Defense Center today:

Family Empowerment Program facilitator and FDC active member Toni Hoy has a new book.  Read FDC Executive Director Diane Redleaf's comment in the book jacket below:

Toni Hoy is a child and family advocate par excellence.  Her personal story of the battle to save her family and her son is not just her story: she both beautifully and strategically weaves her own family's heartbreaking experience into the context of the needs of children and families, generally.

Read more...
 

Issue #12 of the Family Defender is here:

Click here to read the full version

 
This letter perfectly expresses what so many of our clients (and thousands of families across the nation) have faced due to wrongful investigations by DCFS and other child welfare agencies.  Even the best of intentions can have serious repercussions!

Read: Dear Neighbors

 
In response to legislation introduced in the wake of the recent Penn State scandal, see the Family Defense Center's Analysis of S. 1877 - the "Speak Up to Protect Every Abused Kid Act" (Click Here) and a listing of Child Abuse Misreporting Cases in the Docket of the Family Defense Center (Click Here).
 

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