THE TERRIBLE TRUTH ABOUT CPS AND DCS

Victims of false allegations: Neil (right) and Heidi Howard review with their lawyer Gregory Hession the documents that the Department of Social Services used as a basis to take their children. The documents allege that the Howards had the messiest home one social worker had ever seen — failing to mention that their kitchen was in the midst of being remodeled.

The nightmare started when nine-year-old Tevania Tranberg fainted momentarily for no apparent reason when she and her family were at a Trader Joe’s store near their Brookline, Massachusetts apartment. The father, Steven Bennett, went with Tevania in an ambulance to nearby Children’s Hospital to get her emergency care, and hopefully discover the source of her brief collapse. They were joined shortly by the mother, Heidi Tranberg, and Tevania’s four siblings, including 12-day-old Evanna.

At around 10:00 at night, after seven hours in the hospital and many tests, they discovered that Tevania had a low calcium condition. A resident also did some neurological tests and suggested that the situation was not that serious.

Another resident, Catherine James, M.D., then told the family not to listen to the first resident. Not knowing which doctor to believe, the parents asked for a second opinion. Big mistake. Dr. James snapped that she was going to get a restraining order and turned on her heels to go see the legal department. She returned and explained that her request was denied, and the family asked if they could go. At the family’s request, Dr. James prepared a discharge summary, in which she told the parents to get the child to her pediatrician within 48 hours and to watch for any further signs of problems. They took the paper, waited for a ride for half an hour, and left the hospital about 11:30 p.m. That night.

Unbeknownst to the parents, Dr. James called the Massachusetts Department of Social Services (DSS) immediately after they left. DSS told the police and the court that the parents had “fled the hospital,” based on Dr. James’ report, even though she had told them that they were free to leave. Dr. James later admitted to the court investigator that she had never said the parents “fled” the hospital and that “DSS was wrong.”

The next day, the father immediately obtained an appointment with their pediatrician, and both parents were attentive to Tevania’s condition. Thirty-six hours after they left the hospital, several carloads of armed police removed the children to the police station, where half a dozen DSS agents took them, without a warrant or an explanation. Later, the police log showed that DSS had lied to the police by claiming that there had been “injuries from child abuse,” as well as sexual abuse to the children. There was no mention of low calcium, since that might not have seemed quite as urgent.

Families can no longer feel safe, because a state child protective services agency, often generically referred to as “CPS,” may decide to swoop in and take their children into captivity at any time, for any arbitrary reason. Once the children are in their system, it is difficult or impossible to get them back. It usually does not matter if the condition that led to removal is resolved, because there is money to be made in warehousing children — lots of it.

Before I got involved as counsel, Steve Bennett and Heidi Tranberg’s court-appointed counsels told them to waive a temporary custody hearing.

What the lawyers didn’t tell them was that such a waiver means they have no legal means to get the children home for at least a year, if not two. When I came on the case, the damage was done, and every request to return the children is met with a smug, “They waived their hearing. We have custody.”

The Bennett/Tranberg’s five children, including the 12-day-old baby, have been gone since February 23, 2007, with no return in sight. Some calcium supplements were all the children needed. However, the Massachusetts DSS decided to lock four of the five children under 24-hour armed guard for five weeks in the hospital, all courtesy of the taxpayers. For calcium pills.

These parents are not accused of substance abuse, physical abuse or sexual abuse, or anything which would raise a caution. They live in an expensive, spacious apartment in a swanky Boston suburb, and are self-employed professionals. The children are receiving no benefit from being in DSS custody that would be an improvement over their own home. However, when the parents ask DSS why their children can’t come home, they get no answers, other than the continual refrain, “Because we have custody.”

The parents wake up each morning, sick at heart, wondering how to cope with another day of worry about the well-being of their children and how their children will bear up under the stewardship of parents who are not their own. The experience of these parents is not unusual. When children are taken this way, they are often permanently traumatized.

My experience as a lawyer defending parents against false allegations of abuse has thrust me into a world of arbitrary state power and lies, and parents with crushed hopes. The child protection business generates so much money, and employs so many social workers, therapists, lawyers, and other professionals, that it has to continue to obtain fresh meat every day for its gaping maw in order to feed all those who prey on the system.

In the tiny state of Massachusetts, more than 70,000 calls are made every year to the state child-abuse hot line. Thousands of social workers oversee more than 40,000 cases per year, and the state keeps nearly 10,000 children in custody at any one time. Most of these children are heavily drugged, placed in special education classes, and given therapy. When you add up the cost of all of these services in Massachusetts alone, it amounts to billions of dollars per year, which the state can leverage to obtain prodigious quantities of federal reimbursement.