Law for ‘Fair Hearings’ Invoked in Abuse Cases

Growing numbers of Tulare County parents are challenging the handling of alleged child abuse cases by invoking a rarely used federal law that grants them a hearing after children are taken from the home.

A 1981 federal law provides parents with “fair hearings” to determine whether the Child Protective Services Agency followed the rules when separating children from their families.

Only five hearings on child abuse cases have been held statewide. But in the last 90 days, more than 20 have been requested across the state, 18 of them in Tulare County, said Georgia Uremovic, assistant director of American Pro Family, a statewide organization.

“There’s a networking system here among some parents that have learned of this right,” Uremovic said.

Uremovic charged the Department of Social Services and social workers with failing to tell parents of their right to request the hearings.

“State and county workers have not been informing anyone,” Uremovic said. “In fact, they made a conscious decision not to tell anyone. They are telling the feds they are complying, but they’re not.”

The state must comply with all federal laws and regulations to be eligible for federal foster care funds. State and county agencies have declined comment on the charges. The hearings are closed to the public.

County Counsel Lita Blatner said she cannot comment on any aspect of the hearings or even confirm that they took place.

Parents involved in such situations usually complain that foster parents are mistreating their children, that social workers are working against reuniting the family, and that parents have nowhere to turn in a system that acts as its own watchdog, Uremovic said.

Parents objecting to a social worker’s handling of their case can obtain a hearing before an administrative law judge, who is supposed to issue a decision within 90 days. Parents are allowed to subpoena witnesses.

“It’s going to make them (social workers) accountable for their actions,” said Nevin House, whose hearing was a few weeks ago.

House was accused of molesting his 3-year-old daughter in June, 1987, but all charges eventually were dropped. House said he’s bitter about the experience and charges the system with destroying many families for no cause. He has become a crusader for parents’ rights.

Parents whose children were removed from the home can use the hearings to see files that social workers have kept on the family, House said.

“That break of confidentiality is one of the best things we got out of this,” he said.

House contends that charges were written down in his county Child Protective Services file beyond those that the district attorney’s office filed against him. House claims that he wasn’t told about the additional charges.

Although charges were dropped, House said his name remains on a state list of suspected child abusers. House has formally requested to have his name removed from the list and have his files sealed.