State Sanctioned Abuse in Texas

STATE SANCTIONED CHILD & FAMILY ABUSE #

The following outline addresses some of the areas where Texas has utterly failed to support families and protect children. Our State agencies, OAG, and judiciary has not only failed to protect and strengthen families and children, but has been one of the greatest promotors of familial destruction and Fatherlessness for decades, turning the act of abusing children into a multi-billion dollar a year business in Texas.

The Texas judiciary, Family Code, and State agencies who are tasked with protecting children have utterly failed to follow their mandates. Instead, these bodies have run wild (due to perceived Immunity) and abused tens of thousands of children and families for decades. The frequent and very open violations of Constitutional Rights, Federal and State laws, and the utter lack of any governing body to actually hold these bodies accountable has led to the destruction of the nuclear family, a great increase in Fatherlessness, minor children subjected to gender-modification and pornography in schools, and is simply State sanctioned Child Abuse:

Child Abuse is Defined by the Texas Family Code 261.001(1)(A) and (B) as:

(1) “Abuse” includes the following acts or omissions by a person:

(A) mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

(B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

Specific Areas to Address #

Texas Family Code – Deconstruction and Revision #

1. Rewrite the Family Code to remove all State interference in family structure, unless “provable” crimes can be prosecuted (e.g., abuse, neglect, etc.); this includes DFPS/CPS, the judiciary, etc.
   1. DFPS/CPS and employees loses any and all Immunity for violations of State/Federal law, Civil Rights, etc.
   1. Rewrite the Family Code to make any promotion of gender-modification a Felony offense.
   1. Remove all judicial discretion in Divorce/Custody cases and provide an immutable paradigm that cannot be deviated from, except in extreme cases; judges have no place imposing their personal biases.

Best Interest of the Child – Clearly Define #

1. Is NOT defined by the decades of empirical research from Child Development, but is an amorphous concept that leaves all decisions open to abuse of discretion by the judiciary and State employees, who are absolutely unqualified to address the Best Interest of a Child.
   1. Frequently, what laws/policies that do outline Best Interest (e.g., kinship care, sibling placement, etc.) are simply ignored and openly violated by State actors/employees, with no repercussions.
   1. The decades of data, literature, and body of scientific empirically reviewed research clearly delineate what promotes healthy Child Development, yet is ignored by our current statutes, courts and DFPS.
   1. Best Interest of the Child must be clearly delineated, removing all discretion from unqualified judges and State employees/agencies. They simply have no ability to make such decisions, based upon an utter ignorance (or apathy) of what is in the Best Interest of Children.

Gender and Gender modification #

• It is NEVER in a child’s best interest to have irreversible medical procedures performed that are not medically necessary. Any gender-modification should be completely outlawed, as it has irreversible effects.
  • Any and all promotion and/or facilitation of gender

Schools and ISDs #

• All Schools Districts should be mandated to follow State laws, removing all Immunity for Districts and Employees who in any way promote or provide access to:
  • Critical Race Theory (which needs to be clearly defined) and/or;
  • Sexuality or gender without a Parent’s written consent.

DFPS/CPS #

1. DFPS/CPS overhaul – the corruption is nationally known and has never been addressed. That is why the Federal Court in Corpus Christi has had DFPS/CPS under review since 2016. Remove Immunity.
   1. Require the (decision making) Administration of DFPS/CPS to hold advances degrees in related fields (e.g., Child Development, Family Systems, etc.). As it is now, DFPS/CPS is run by attorneys who have no idea what is healthy for children, and employees often lack even the most basic knowledge, yet will testify in court as “experts”.
   1. The only attorneys working for such agencies should be utilized to make sure laws are adhered to, not making any decisions whatsoever as to the mission or policies of such an organization; they simply are not qualified. Being an attorney should always be an “advisory” position, not one of leadership.

Divorce/Child Custody #

1. Remove all Divorce/Custody disputes from authority of judiciary
   1. Divorce is a set process that will never require a judge nor attorney, except in unusual/exceptional circumstances.
      1. Confirmed prosecutable crimes or other rare circumstances (extreme wealth, serious “fault” reasons for divorce) are the only time a judge would ever be involved.
      1. Rewrite the Family Code as to remove almost ALL discretion in such rare cases; similar to sentencing guidelines in criminal court.
      1.  Judges do not have the ability to deviate from predetermined guidelines, unless a party has been charged and convicted of a crime.
      1. Outside of these extreme/rare cases, a judge shall never hear a case, it is simply a matter of predetermined process.
   1. All couples must complete 6 months of counseling prior to final decree.
   1. Child Custody is always 50/50, in all cases, without “fault”. Unless a party agrees to less, is unable to care for the child (but they will get 50/50 when they become able), or “fault” can be proven, no judges, no discretion, no choice except in extreme cases, and those charged with investigating these circumstances are held criminally/civilly responsible for any incompetence and/or corruption.
      1. Whoever files for divorce automatically gives up right to make Primary decisions, for example:
         1. Primary residence of child, schooling, etc.
         1. Counseling provider
         1. Does not get family home or choice of assets (the reverse of what it is now)
         1. Abandoning marriage is no longer rewarded. You can leave, but you will not get rewarded for destroying a family and causing severe damage to a child.
         1. Again, this is not negotiable, it is simply how it works in all cases without extreme circumstances.
   1. Family Code is written so that it is a Process that never requires an attorney/judge except in extreme cases (e.g., extreme wealth/assets, abuse/neglect, etc.). The path is laid out clearly for anyone who chooses to file for divorce, and there is no alternate path.
      1. This would greatly reduce the costs to the County/State, require less judicial positions, and encourage families to work through problems rather than harming children and adding to the Fatherlessness epidemic.
      1. Severe penalties for false accusations, perjury, presenting false statements, etc., by all parties, including court actors and witnesses. As it stands now, false statements are considered part of “the game” by attorneys and other court actors, utilized in many cases to separate a child form the other party.
      1. Rewrite the standards for “expert witnesses” (which you will never need in most cases), making unethical and incompetent testimony punishable by law. Currently, “professionals” will use their credentials to give biased and unsupported opinions and pass those opinions off as “scientifically supported”, because no one in the courts understands Child Development and simply lacks the ability to see the false statements being presented.
      1. Reduce/restrict all Immunity for all court actors and judiciary.

Child Support #

1. Stop the required “maximization” of Title IV-D funds, which is currently a statute in the Family Code.
   1. Remove all incentives for judges and the State to order child support; it was created to stop fathers from abandoning their families, now it is used to fund the State/County coffers.
      1. Texas collects approximately 2X more Title IV-D funds than Florida and California, and collects almost 20% of ALL funds for the entire country.
      1. These funds are distributed to each county and judges are ordered and monetarily incentivized to order the maximum possible amount of child support, even if the parents do not want child support.

Judiciary #

1. Revoke Absolute Judicial Immunity in Texas; use Heartbeat bill as roadmap. Judges are not immune when violating the State/Federal law in Texas. Rewriting laws will do nothing if Judges continue to abuse discretion and ignore new legislation. As it stands, judges will openly admit to violations of State/Federal law, and nothing will happen to them due to this Immunity.
   1. Revoke Qualified Immunity for ALL court actors (i.e., attorneys, experts, anyone) who violate the law. As it stands, there are almost zero consequences for perjury, false accusations, Color of Law violations, unethical conduct, etc. The SCJC, State Bar, and appeals courts rarely admonish or even recognize the corruption.
   1. Require Video and Audio recording in all court rooms, all hearings, all closed chambers meetings, etc. A judge should never have the ability to conduct any business without there being a recorded record of the event.
   1. Make the penalties for judicial and court actor misconduct a severe penalty (i.e., career ending). Disbarment, impeachment, and revocation of any related licensure should accompany violations of the law. Court actors have abused the system for decades, and will continue to do so without penalties for continued criminal conduct.

State Commission on Judicial Conduct (SCJC) #

1. Make this agency a Full-Time position; currently it is a part-time, governor appointed commission who operates in secret, has no funding, and simply cannot begin to actually investigate anything.
   1. The SCJC has admitted to being unable to afford transcripts to actually investigate allegations, relying upon court actors to verify criminal conduct; this will never happen and is a very open secret.
   1. Give the SCJC powers to subpoena witnesses, audio/video, and act like an actual criminal investigation unit.
   1. Give the SCJC powers to censure, refer for prosecution, and even recommend for impeachment. Make them an actual law enforcement agency whose only job is to root out corruption in the courts.
   1. Fully fund these positions and grant them broad powers to effectively perform their duties.
   1. Enact the same penalties for SCJC employees as those for the courts, to reduce the risk of turning a blind-eye to the corruption. Hold them accountable for doing their duties.
   1. Make the SCJC fully transparent, except in ongoing investigations. All decisions are available to the public as are the rationales; stop the protection of judges who commit criminal acts.

Fatherlessness #

1. An epidemic of broken families and Fatherlessness is occurring in Texas, as it is across this Nation.
   1. APPENDIX B: Family Trauma in Texas specifically addresses this and related issues.

Summary

It is no secret that Texas has repeatedly failed to protect children, and has similarly failed to support the nuclear family. Texas has consistently ranked in the bottom 5 of all 50 States in protecting vulnerable populations, but especially children (e.g., Annie E. Casey Foundation, 2021).

The Family Courts system in Texas is the greatest promotor of Fatherlessness in this State, routinely ignores Federal and State Law, and actively engages in conduct causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning (TFC 261.001). What our “Honorable” judges in this State have done for decades is actually illegal, but their conduct has been ignored for decades. Our State DFPS and CPS are also nationally renowned for corruption, incompetence, and illegal activities; simply ask United States District Judge Janis Graham Jack.

Private Citizens would be criminally charged with felonies for what the State, our local Independent School Districts, and judges are doing on a daily basis, yet somehow when these crimes against children and families are perpetrated by the State, they are no longer criminal. It is time to stop these abuses by any means necessary.