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CPS Claims Irreparable Harm Done By Beanies4Bekah
I Am Charged With a Class A Misdemeanor for Violating TDPRS' Human Resource Policy
The Signed Order Demanding Site be Removed
On April 22, 1999, at 9 p.m. Sunday evening, we were served with an Emergency Injunction CPS had filed in their attempt to shut down our website. Judge Molder had signed this Emergency Injunction "To Prevent Unauthorized Release of Confidential Information" on April 14th, eight days prior to us receiving notice of its existence.
CPS Motion for Relief requested the court to prevent us
1. "from continuing to display, without prior authorization from Texas Department of Protective & Regulatory Services, a photograph of a child currently in Child Protective Services (CPS) conservatorship on a website entitled "Beanies4Bekah.com"
2. "from continuing to display, without prior authorization from Texas Department of Protective & Regulatory Services, information indicating that a child, identified as "Bekah" is in CPS conservatorship on a website entitled "Beanies4Bekah.com"
any facts relating the CPS investigation of the child, services provided, or placement information.."
4. from any future displays of photos without prior authorization from TDPRS as indicated on a website entitled "Beanies4Bekah.com".
The motion alleged
"that irreparable harm has resulted in the unauthorized release of "Bekah's photo over the internet, as well as release of the unauthorized information that such child is in CPS conservatorship, because such information is to be kept confidential by law.
The Respondent's conduct is completely without right or entitlement in that it is in clear violation of V.T.C.A., Human Resources Code 40.005, entitled Confidentiality of Information subsection (e), which states that "A person commits an offense if the person discloses without authorization confidential information contained in the department's records, papers, files, or communications. An offense under this subsection is a Class A Misdemeanor."
"It is essential that the Court act immediately, prior to notice on the Respondents, ( which means they asked the court to grant emergency relief before notifying me of their allegations ) because this website continues to contain confidential information about a child in CPS conservatorship in clear and direct contravention of the law and contains statements that additional photographs will be added."
I am certainly not a lawyer but the filing of this motion was nothing more than CPS' attempt to use their perceived power to make us shut up. What emergency existed? This website had been up for over a year at this point and had always contained pictures and CPS was fully aware of its existence. Also, when did the general public become legally accountable for CPS' Human Resource Code? I can't even get a copy of it! Surely I am not held libel for it. The above information is typed exactly as it appears in the motion, including spelling errors.
We once believed when we presented the facts to the judge, justice would be served; but the judge refused to hear the testimony of anyone in our camp except for my husband and I. By signing this Emergency Order, which was not given to our attorney for several days and due to the incorrect way it was filed, she didn't know it was a Signed Order until we called the day before we were supposed to be in court. If my dear friend from Tennessee had not hired an attorney to represent us on this issue, Judge Molder and CPS would have been successful in violating our right to speak. Check out CPS' own websites. They give out the child's name, picture, birthdate, and special needs information. Why are they perpetrating "irreparable harm" on these children 24/7? The reality is that CPS wants absolute control over any information of a child in their care...... some B.S. about Confidentiality!
I have faith that
together we can move mountains.
Please follow this link to the letters and addresses for Governor George W. Bush and
others who need to be aware of what is happening to families like ours
and children like Rebekah. This insanity must stop! We must get involved,
for everyone's sake.
Post any comments you may have or your own experiences on
FORUM or send
us an email. This whole experience has opened my eyes to a world
of governmental abuse against children, mothers, fathers, grandparents,
and other individuals who truly care about children.
for your interest and prayers. I have over 200 emails I have saved in a folder
to share with Rebekah someday when she is old enough to comprehend what
happened to her Momma, Da (what she calls my husband), Bubba (Brian),
Misty, and Kira.
We were blessed to be able to share in Rebekah's first year. No matter how bad it may hurt today, if given the choice, I would do it again. There will come a day when Rebekah will learn of our struggle to provide her with the love and opportunities she so desperately deserves. I am just so glad I will not have to explain why I ruined her life and took away the only love she had known. I wish no one would have to, but they will... here, there, or in the air!