by Michael Volpe, The Daily Caller:
An Arizona judge’s order was all it took for a SWAT team to enter a private Chandler home in March, take a child and deliver that child into the custody of the Department of Child Safety (DCS).
The raid is an example of something that has come to be known as “medical kidnapping,” which has raised eyebrows nationally but seems to be especially prevalent in Arizona.
Medical kidnapping is the phenomenon of the state taking children away from their parents and putting them into foster care, “simply because the parents did not agree with a doctor regarding their prescribed medical treatment for the family,” according to the book, “Medical Kidnapping: A Threat to Every American Today.”
Members of the group Arizona DCS Oversight Group (ADOG), a watchdog of Arizona’s DCS, say the SWAT team raid is one of many in which Arizona DCS “legally kidnaps,” or takes children for no good reason.
Worse yet, federal funding streams may be motivating these child renditions.
The most notorious case of alleged medical kidnapping nationally involved Justina Pelletier, who had a rare mitochondrial disease. When doctors at one hospital determined it was psychosomatic, her parents tried to send her to a different hospital. The first hospital called in Massachusetts Department of Child Welfare case workers, and a judge’s order kept Pelletier away from her parents for 16 months.
The most notorious case of medical kidnapping in Arizona was Melissa Diegel.
Diegel was accused of something very similar to Munchhausen by proxy, a condition in which a caregiver makes up, or causes “an illness or injury in a person under his or her care, such as a child, an elderly adult, or a person who has a disability,” according to the University of Michigan School of Medicine.
Except she didn’t have Munchausen, said Sherwyn.
Diegel told The Daily Caller that she has not seen her two children since 2016; she said she has spoken to numerous parents who have had their children taken in similar fashion by Arizona DCS.
The potential to use of Munchausen by proxy as legal leverage may be a national phenomenon. In California, attorney Shawn McMillan has won multiple lawsuits after child welfare in California took children illegally, accusing the mother of Munchausen.
The Funding Streams
Arizona stands out as especially bad when it comes to this sort of child snatching, but the funding streams that incentivize it are a national problem, said Connie Reguli, a Tennessee attorney noted for taking on Child Protective Services (CPS), in an interview with the Caller.
She said the problem started in 1974 with the Child Abuse Prevention and Treatment Act (CAPTA), a brainchild of Walter Mondale, Jimmy Carter’s vice president.
CAPTA is primarily controlled with funds from Social Security Title IV (parts B and E). Social Security Title IV provides grants to states for aid to dependent children. Title IV E provides incentives to place and keep kids in foster homes, while Title IV B provides funds for family reunification.
Reguli said that the problem is that Title IV E incentives dwarf Title IV B, by about an order of magnitude, she said. This creates an incentive to snatch kids.
She said another problem is the Adoption and Safe Families Act (ASFA), which provides extra financial incentives for kids in foster care to then be adopted out.
This amounts to “double dipping,” according to Nancy Schaefer, the former Georgia Republican State Senator who in 2008 produced “The Corrupt Business of CPS.”
“There is funding for foster care then when a child is placed with a new family, then ‘adoption bonus funds’ are available,” Schaefer said. “Tax dollars are being used to keep this gigantic system afloat, yet the victims, parents, grandparents, guardians and especially the children, are charged for the system’s services.”
Both ASFA and the Social Security Title IV funding were introduced during the Presidency of Bill Clinton.
After several high-profile incidents, then Republican Governor Jan Brewer shut down Arizona CPS in 2014.
At the time, Arizona CPS was an agency within Department of Economic Security; Brewer created the Department of Child Safety, with a cabinet level head.
Still, the Arizona foster system reached an all-time high of 19,044 children in 2016, according to Darren DaRonco, a public information officer for Arizona DCS, in correspondence with The Daily Caller.
Martin Lynch, a member of ADOG, estimates that ninety percent of Arizona children in foster care are there unnecessarily.
Things got so bad that a record number of kids were sleeping in Arizona DCS offices, according to a 2015 story.
DaRonco said many things have improved since 2014. There are currently less than 14,000 children in foster care. Backlogs, caseloads, and hold times at the child abuse hotline, were all reduced since 2014.
DaRonco provided eleven improvements since 2014.
No Separation of Powers, No Accountability
Members of ADOG don’t buy the idea that things have improved, describing an incestuous relationship between the judiciary and the legislative branch, partnering with Arizona DCS to snatch kids as they chase ASFA and Title IV funds.
Sherwyn noted that every DCS placement required the rubber stamp of a judicial order.