Can the police kick in your door to take
your children without a warrant?
YES
- THEY CAN AND
THEY DO!
Meet
the Gilman Family:
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- A Good Name, Good
Career, & Good Home Did Not Protect This Family From The
Government's Clutches...
- clockwise from top: Nathaniel, John, Jane, Alexandra & Samantha
|
Jane and John Gilman are the proud parents of Nathaniel,
Samantha, and Alexandra. Jane left a teaching career to devote her life to her
family. She spends much of her time ferrying her children to ballet,
gymnastics, swimming, wrestling, volleyball, and basketball. John and
Nathaniel are active in Cub Scouts. John is an engineer at a large electronics
manufacturer. Nathaniel, Samantha, and Alex are all at or near the top of
their classes in school. The family attends Calvin Presbyterian Church.
Sunday at dinnertime, I spanked our five year
old daughter Alex with a spoon for repeated, willful disobedience. I realized
immediately I had probably hit her too hard, but had no idea I had bruised
her. I apologized to her, and told her I loved her. She said she loved me and
she was sorry she had disobeyed. As far as we were concerned, that was the end
of it.
On Monday, Alexandra's public school teacher
noticed a bruise, and promptly called the police.
|
- "It happened to us... Life will never be the same." |
About 5:30 pm Monday, my older daughter and I came home to find a Benton County deputy in our drive. He wanted to talk to me about Alex's bruises. I didn't know Alex had bruises. I admitted I had spanked her, but had not intended to bruise her. He asked to see the spoon. I didn't trus him, so I refused. I asked him what was the next course of action. He said, "You don't want to talk to me, you'll find out."
The deputy called a Linn
County Services to Children and Families (SCF) caseworker. With no prior
history by our family, and with no further investigation, the caseworker said,
"Pull the child."
About 6:00 p.m. my son and I were playing the
piano when I saw someone walk up the front walk. Thinking it was SCF coming to
take the children, I rushed them to my bedroom and directed them to stay there
no matter what happened. I had often heard if you let them in, they can take
the children; don't answer the door or talk to them without a lawyer. I sat
down on the stairs and prayed, asking God to direct me as to whether to answer
the door. I heard pounding and shouting at the front door but couldn't make
out the words. Finally I heard them say they would kick the door in if I
didn't answer it. The pounding escalated to kicking, I opened the door before
the deadbolt gave way. I was surprised to see two deputies.
- "Our children are terrified of the police."
One deputy told me to step
outside. I said, "Why?" He said, "YOU'RE UNDER ARREST!" I
asked them to please have a seat and wait five minutes so I could reach my
husband; I couldn't leave my children unsupervised. They grabbed my arms and
twisted them behind my back. I was terribly frightened leaving the children
alone with these violent men. I tried to shake off their grip, asking over and
over that they please let go of me so I could call my husband. They forced me
to the floor, injuring my knees and wrists. I told them I should have a right
to make a phone call. One of the officers said, "You're so good at
knowing your rights, I'll read you your rights."
In desperation, I called my son down. I told him
to call our neighbor, and have her come quickly. She arrived momentarily. I
told her I was being arrested for spanking Alex. The officers stuffed me into
their car and took me to jail. They left our older two children with our
neighbor, but took Alex. Life will never be the same.
- "Our sense of personal security is gone."
The next few
days were a nightmare of the worst kind. While I was being booked on felony
assault charges, Alexandra was placed in a foster home. We had no idea where
she was, nor if we would ever see her again. We were terrified for her safety.
When our attorney called to ask where Alex had
been taken, he was told, "We have no record of an Alexandra Gilman."
It took more than a day for the system to locate
her. We wondered why our other children hadn't been taken. We lived in fear
that it was only a matter of time before deputies or SCF came back for them.
Meanwhile, Alexandra cried to be taken back home to her mommy, and wondered if
she would ever see us again.
During her time in foster care, Alex was not
bathed. She was not hugged. No one bothered to ask if she were on medications
or had allergies. We asked that Alexandra's beloved purple security blanket be
given to her. She never received it. When Alex cried for her family, the
foster mother tried to comfor her by showing her a photo album of children who
had never returned to theirs.
- "Our family suffers flashbacks and nightmares."
After thousands of dollars
in legal expenses and couseling required by SCF, we are a shaken family. Our
home has been violated and is no longer sanctuary for us. We still jump in
fear when there is a knock at the door. Nightmares haunt our sleep. Alexandra
cries easily now and wonders when she will be taken again. Nathaniel and
Samantha are unnaturally somber. A part of their innocence has been forever
ripped from them. This system was set in place to protect children from harm.
In our case, they caused far more harm than a spanking ever could. How many
more families must suffer before necessary changes are made to SCF and Law
Enforcement?
SCF and Law Enforcement were quietly contacted
by representatives of the Gilman family. Both agencies stated their actions
were according to policy. They aren't sorry. They'd do it again.
"The system clearly hates spanking. It wants
spanking eliminated from the face of the earth." - Corvallis family
counselor
"I've seen children who've been removed from their families by SCF for
long periods of time. They're ruined, just ruined. They can't trust their
parents to defend them. They often get bounced from one day care provider to
another. They don't have a home or a family anymore. They've lost the ability
to connect - like they're zombies or something. It's evil, and it's
wrong." - Velma Hartwig, grandmother
"Is there a problem with the state
wrongly prosecuting parents who spank? Yes, absolutely. My office
alone gets ten to twenty cases per year of Criminal Mistreatment 1.
Most of these are loving parents with good families." - top
Portland area criminal defense attorney
Child Protection Reform
P.O. Box 2139
Corvallis, OR 97339
John & Jane Gilman
(541) 757-8570
John and Jane Gilman have put together the following two charts
designed to show you how and why you are at risk and what you can do
to protect yourself, your loved ones, and improve your community:
| Six Reasons Why You Could Be Next |
| • On the basis of a single anonymous phone call, your children can be forcefully and indefinitely removed from school or your home, without a jury trial (Oregon Supreme Court case 775 P.2d 1356, 308 Or.80, Tennyson v. Children's Services Div., 1989 | • Oregon state law (ORS 419b.005) defines child abuse as among other things: "any assault to a child" and "subjecting a child to substantial risk of harm to the child's health or welfare." If you spank your child or let him climb trees, you've met their fuzzy definition of child abuse. |
| • SCF may question your child at school, without your knowledge. Teachers are forbidden from telling parents their children have been questioned, and SCF may prevent any school authority from being present during questioning (ORS 419b.045. Administrative Rule 413-020-0470 | • SCF is never required to consider what your child wants, including desires to see you, to come home, or to stay with grandparents (ORS 419). |
| • SCF may seek invasive sexual examinations for your son or daughter without parental notification or permission (ORS 419b.020). | • SCF caseworkers may act with impunity: they enjoy immunity from criminal and civil prosecution (ORS 30.265). |
| Six Key Public Policy Changes |
| • Mandate SCF to provide a written set of parents' rights, similar to the Miranda Warning. Mandate this be presented to families on first contact with SCF or law enforcement | • Limit ability of caseworkers to hurtfully remove children on first reports, especially for families who have no criminal record. |
| • Institute timely due proces for families when children are forcibly removed. Only a jury should authorize long-term child removal. | • Modify immunity for case workers to encourage careful conduct. |
| • Provide meaningful criminal penalties for public officials who illegally enter a private residence. | • Legalize disciplinary spanking in Oregon. Criminal prosecution should be allowed only after multiple occurances, and after couselling has been offered by SCF. |
originally at-
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