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May-12-2007 12:40printcomments

Child Welfare Bill To Protect Families Passes House

“Under this bill DHS cannot charge a family like this for child support if they’ve completed an assessment and found the allegations against the parents are unfounded,” State Representative Jerry Krummel

Child holding hand of adult
Salem-News.com

(SALEM, Ore.) - “House Bill 2553 prevents the state from punishing parents who have done nothing wrong except try to protect and provide for their children,” said State Representative Jerry Krummel (R-Wilsonville) on the House Floor today as he presented the measure. HB 2553 was adopted 54-0 with 6 members excused.

The bill prohibits the state from collecting money from families to pay back the cost of foster care if the Department of Human Services determines “the report of abuse is unfounded.” In other words if your children are taken into state custody because you’ve been accused of abusing them, but you’re never charged with wrongdoing, then the state cannot require you to cover the room and board while your children are in foster care.

HB 2553 stems from the case of a family in Gaston which is part of Representative Krummel’s legislative district.

A 10-month old girl and 2-year old boy were taken from the parents after the little girl was treated at a local hospital for a red sore on her leg. The doctors who examined the child determined it was an infection and treated it with antibiotics.

Caseworkers, who received pictures of the sore, decided it was a burn and cause for removing the children from the home. “Keep in mind, there were never any criminal charges filed. In the eyes of the state, they were guilty before proven innocent,” noted Krummel.

After hiring a lawyer and fighting the state, the kids were returned home eight months later. Shortly after, the state began garnishing half of the father’s income to cover the foster care expenses. Krummel pointed out “you should not be able to rip a family apart on a false accusation of abuse and then once they get their kids back you destroy them again by taking away half their income to pay for the foster care expenses.”

Representative Krummel explained child abuse is a serious problem in Oregon* and “if parents were abusing their children they should be forced to pay the state back.” However, the current system imposes a form of double jeopardy on innocent people. First they’re punished by losing their children, then by losing the ability to put a roof over their heads and food on the table.

“Under this bill DHS cannot charge a family like this for child support if they’ve completed an assessment and found the allegations against the parents are unfounded,” said Krummel. He hopes the legislation will also pass in the Senate and become law so other families don’t have to be subjected to the same problems as the Gaston family.

*According to the latest DHS report, more than 11,000 children are abused in Oregon every year.




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Grandma Betty May 27, 2007 4:46 pm (Pacific time)

I was randomly given a drug test at my home after three years that I seeked help for my daughter from DYFS. I came out positive. DYFS took advantage that I was at work and went to the house accompanied by the police to remove my grandson. On top of that they told my daughters that I use coke and that was why the baby was being removed. Now I have to hear my daughter call me a cokehead and so forth. DYFS told me that I could not get custody of my grandson back or any other grandchild that I might have in the near future and I probably won't be able to care for my folks when they get old due to this. All I did was look into my daughters purse to look for something and some residue stuck to my finger I tasted what it was not knowing that a few hours later DYFS was going to test me. They used a gas chromatology test which detects the smallest trace of any drug tested. What are the chances of that happening. Well it happened to me because DYFS was supposed to give me a check for relative care that the judge had ordered months before. My grandson was placed with a family member after about a month. He came back with black and blues, diarrhea, asthma and a very much traumatized. This is all in the best interest of the child. Now I have to go to Aan Intensive drug and alcohol program and my grandson might be adopted by my family member who didn't even give her own grandchild a chance of being born. I took excellent care of my grandson for 22 months without any child support from his father or money from DYFS. How ironic...


Curmudgeon May 12, 2007 1:32 pm (Pacific time)

What I find really disturbing about this is that the state has been doing it for years. Why has it taken so long for someone to try to correct something so wrong? But even this falls short. The family should also be reimbursed for the attorney fees they incurred. There are too many ways in which the state can financially impact or destroy a family unjustly. Then just walk away.

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