The Family Preservation Foundation, Inc. (FPF), is a not-for-profit, 501(c)(3) public interest legal aid organization dedicated to the idea of rescuing children from unwarranted forced parental separation, family preservation, family first ideology, and restoring the respect for children’s rights on the constitutionality of the preservation of the family unit.
Our number one priority is to keep children out of the failing foster care system and with their families whenever possible!
FPF desires to defend and preserve the individual rights and liberties guaranteed to children and parents in this country by the Constitution and laws of the United States as it relates Child Protection Services and Foster Care. Nonpartisan, the FPF works through litigation, advocacy, publicity efforts, and education and it has over 8,500 members. The FPF provides legal assistance in Child Protection Services and Foster Care cases when it considers civil liberties to be at risk. Legal support from the FPF can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation. Furthermore, FPF desires to ensure that no person is denied their right to equal justice because of poverty by providing pro bono legal services from local trial courts all the way to the United States Supreme Court for all children.
Currently most states do not provide attorneys to children; In the states that do, Minnesota being one of them, the child must be over 10 years old. The child would get a state-provided public defender, but this attorney has no reason to advocate for the constitutional rights of the child and reunification of the child with their parents, because the longer the case stays open, the more money they get paid. FPF seeks to fill this gap.
What is utterly unbelievable, and the most astonishing thing that we have learned by far, is a thief who steals a pack of chewing gum is legally entitled to evidentiary hearings, a jury trial, and has more rights than a child being placed in a foster home and removed from their parents forever. This is OUTRAGEOUS!
PHASE 1, Minnesota (The Way Forward)
Knowing the enormous financial burden that lay ahead, the founder, Dwight Mitchell, set up a non-profit, tax exempt organization to gather donations from people of good will and foundational grants to support the defense of children and parents, which had to proceed pro bono, due to the incredible legal costs that the families were unable to afford. Thus, the Family Preservation Foundation was born. Over the course of the last 12 months, 3,080 man-hours and $300,000 of private funding has gone into establishing this effort, opening offices, and making this dream a reality. FPF has rescued numerous from Child Protection Services and Foster Care thus far, and returned them to their parents.
FPF will inform the public and litigate cutting-edge cases including:
- Establish 1-800-CPSHELP crisis removal call center.
- Establish offices in multiple counties to coordinate child attorney efforts and legal aid clinics.
- Providing Pro Bono legal services to children and families involved with Child Protection Services and the foster care system.
- Providing Pro Se Legal Guides and Packets.
- Protecting the Fourth and Fourteenth Amendment rights of our most vulnerable citizens children, and their parents through litigation.
- Assisting the court by identifying unconstitutional standards thereby lowering the number of new children unnecessarily entering the foster care system.
- Being not an enemy, but a friend of the government by only seeking governmental excellence.
- Getting rid of any "bad apples" so that the social workers who truly wish to do good can succeed.
- Actively investigating and exposing corrupt CPS social workers.
- Advocating to the Minnesota Legislature for jury trials relating to all matters relating child dependency.
- Seeking, per Christian-inspired values, to restore respect for “Family First” and biological relatives using secular legal tools to compel reunification.
- Lobbying Minnesota Legislature and the Governor Congress regarding the ineffectiveness of the current Child Protection and Foster Care system, the waste of tax payer money in the last 10-years, and the need for a complete overhaul and reengineering of the existing system.
- Running legal rights awareness campaigns relating to children and their parents.
Phase II - Nationwide Litigation Strategy - Start Date (TBD)
Our national strategy is based on stopping the travesty of state child protection agencies legally kidnapping children under unconstitutional laws.
The nationwide litigation strategy against the 50 states’ child protection systems is focused, simple and will require resources to fund. The strategy is straightforward. The U.S. Supreme Court needs to declare that it is unconstitutional that any of the 50 states have statutes terminating parental rights, temporarily or permanently, which do not require that the child be substantially harmed or threatened by harm. Instead, the 50 states have unconstitutional statutes regulating parental manners, conduct, etc. The strategy is simple. We need to argue to the U.S. Supreme Court that it is unconstitutional for the state governments to take a child from a parent, even temporarily, unless it is to prevent a substantial harm to the child or threat of substantial harm to child. Because this nationwide legal strategy is so defined and specific, we have been able to define a budget to accomplish the goals of implementing the nationwide legal strategy and presenting these claims to the U.S. Supreme Court. (A separate fundraising campaign will be established to foster this effort.)
In collaboration with the nationwide litigation strategy, we have a lobbying strategy. We will be lobbying Congress to amend current federal funding laws to prohibit federal funds to be used by state agencies who are operating under unconstitutional statutes. Our political message is “No federal funds should be used until state laws are amended to reflect the constitutional standard that no child shall be taken unless substantial harm or threat of substantial harm is being prevented.”
So, when we win in the U.S. Supreme case we bring and Congress enacts the amendments we seek, it will be the end of state agencies legally kidnapping children under state laws which do not require the state to show a prevention of substantial harm prior to taking a child away from a parent. Our victories will be a victory for children, their families and America!
Furthermore, Family Preservation Foundation desires to provide Trauma and PTSD therapy free of charge to children and families due to the horrors of prolonged separation which often threatens critical bonds of attachment and increases the risk of a host of negative, long-term effects on children’s mental and physical health. When the government reunifies a family, they do not provide any post-separation therapy to the children or their families.