VT Italia: Removed from their Parents, Raped by the Law

Not only the abuses of some responsible with pedophile deviations but also those of the same professionals who gravitate and profit around the communities of minors. A great business before a delicate service: just think that the daily fees fortified by the State range from 69 euros for the lowest ones in Rome to 118 in the Veneto and can even rise to 400 euros if the structure is also therapeutic-health.

The business accounts are soon made: out of 11 Italian macroaires the average of the daily allowances is 95 euros per minor (according to already old tariffs), or 1,900 per day if calculated for twenty guests who make a nice turnover of 693,500 euros l year at the expense of regions. It is enough to note that in Piedmontcommunities for minors increased by 36% in one year (from 183 in 2014 to 249 in 2015), in Umbria by 29% (from 24 to 31) and in Emilia Romagna by 22% (from 371 to 451) for a total of 3352 structures where in 2015 about 22.975 thousand small guests were welcomed. Data already old because there is no centralized national archive: the numbers, in some cases referring to statistics even in 2013, are those of the fact-finding survey on minors “outside the family” prepared by the Bicameral Commission on Childhood and Adolescence until January 2018 in the five-year mandate.

The parliamentary body chaired by the former deputy Michela Vitroria Brambila has highlighted dramatic criticalities such as the brutality of compulsory assignments against which parents have very few legal defense tools, the subjective opinion of the social worker being taken at face value, but he also pointed the finger at the absence of controls in the community, also thanks to the reports of various associations for the protection of minors, including Finlus Liberi, a non-profit organization whose president is the Veronese lawyer Cristina Franceschini.

Thanks to one of his dossiers in 2015, the scandal of honorary judges in obvious conflicts of interest broke out in the national media: psychologists and educators called to sentence on the fate of children, with the authority of magistrates who were partners or consultants in the same reception facilities for which they entrusted the custody, legitimizing the suspicion that they were broad-minded in having custody of the minors to fatten the budgets of the private managers and their consequent “dividends”.

«It has been reported that even some structures, to receive private funding, indicate to the financing private foundation the foreseeable duration, expressing it in years, even if it is not known based on which criterion, and replacing the judge – writes the Commission of deputies and senators who analyzed the world of foster care – just as it happens that the assessment of whether or not the placement in the institution should continue is based on what the managers or operators of the host structures. In such cases one wonders how one can be sure that the managers and operators of the reception facilities report according to the criterion of the subjective right of the child’s interest or there may be the doubt that, in the consideration, in some way, he may assume relief, if not prevalence, of the manager’s data? ».

A question made even more disturbing by the aforementioned conflicts of interest of about 200 honorary judges discovered by Franceschini. A shame so serious as to lead the CSM (Superior Council of the Magistracy)to make reparations by issuing even more restrictive legislation: which, however, risks very little restriction given that it is based on self-certification and not on screening inspections and cross-checks on a national database that does not even exist.

The result is a Dante hell on which it is the Parliament itself that launches to the parents the warning of Alighieri “leave you all hope that you enter”. A scattered “sore city” of “eternal pain” in which the suffering of childhood ends up hidden under a giant carpet of indifference. Where alongside virtuous communities operate lager like Il Forteto capable of producing a devastating social balance of the system you entrust.

The most eloquent rejection comes from the numbers of the parliamentary inquiry: in 2015, out of about 21,035 total guests on the 17th, 2% of minors fled from the communities and 2% had an unknown destination, or, translated by the bureaucrat, it means that 400 children taken into custody by the State would literally disappear into thin air! In this synthesis my logical opinions and furious emotions are overflowed on the surface of the water.

From now on they will only talk about the quotation marks of parliamentary investigations, judicial news reports and the new Joan of Arc who is challenging the social lobbies and the malpractice corruptions to save the children of today who will be tomorrow, honest fathers of family or delinquents, especially because of how and where they will be educated.

In this synthesis my logical opinions and furious emotions are overflowed on the surface of the water. From now on they will only talk about the quotation marks of parliamentary investigations, judicial news reports and the new Joan of Arc who is challenging the social lobbies and the malpractice corruptions to save the children of today who will be tomorrow, honest fathers of family or delinquents, especially because of how and where they will be educated. In this synthesis my logical opinions and furious emotions are overflowed on the surface of the water. From now on they will only talk about the quotation marks of parliamentary investigations, judicial news reports and the new Joan of Arc who is challenging the social lobbies and the malpractice corruptions to save the children of today who will be tomorrow, honest fathers of family or delinquents, especially because of how and where they will be educated.

GROUP SEXUAL VIOLENCES ON DISABLED MINORS

“The agricultural cooperative” Il Forteto “, a recovery community for underprivileged children, located in the municipality of Barberino di Mugello (Florence) , has been at the center of a long legal case for sexual abuse, abuse and pedophilia, which began at the end of the years seventy culminated in 1985 with a first sentence (for aggravated abuse and libidinal deeds) of the co-founders, Rodolfo Fiesoli and Luigi Goffredi– and ended in 2015 with a further sentence (in first instance) to seventeen years of imprisonment of Mr. Fiesoli, sentence reduced to 15 years and 10 months on appeal and in relation to which the Cassation also intervened in 2017 (in the explanatory report it is specified that the Cassation, 3rd section, sentence No. 3346 of 22 December 2017, has made final the conviction of Mr. Fiesoli and, despite having declared some crimes extinguished by prescription, he confirmed the relative civil statutes) ».

Thus begins the parliamentary synthesis annexed to the bill n. 1060 for the establishment of the bicameral committee of inquiry approved by the Chamber of Deputieslast February 27, which then focuses on the further development of the judicial case capable of making the media and parliamentarians cry out to the scandal for the arrest and subsequent release after only 7 months of the main accused after his right-hand man Goffredi avoided imprisonment 6 years thanks to the prescription .

It would require an article of its own to illustrate the legal technicalities for which the 77-year-old Fiesoli faced as a free man the hearing of 26 October 2018 and therefore refers to an exhaustive article by the Messaggero. What matters is that on that date the Court of Appeal of Florence sentenced him to 14 years and 10 monthsas “accused of sexual abuse, even of minors, and ill-treatment of the guests of the cooperative community of host family Vicchio del Mugello (Florence) of which he was the father-master – as reported by the agency Adkronos – La Corte d’Appello it celebrated the new trial after the postponement ordered by the Cassation for a recalculation of Fiesoli’s total penalty resulting from a different evaluation of the “basic” crime, that is the more serious one.

The court sentenced the other defendant, Daniela Tardani, accused of group sexual violence along with Fiesoli to 6 years and 4 months. Other defendants of the trial, members of the Forteto community, have negotiated a two-year sentence “. Not only, therefore, did the “prophet” gain an additional penalty discount, but since the sentence that can be challenged in the Cassation, he will be able to sleep peacefully until the next sentence of the Supreme Court to which he has appealed: so much so that he must now fear the advanced age than Italian justice.

CHILD OF 3 YEARS AMONG THE PEDOPHILES: ITALY CONDEMNED

But it is not these judicial perversions that the Parliamentary Commission of Inquiry will have to deal with: ” Despite the serious charges in 1997, Rodolfo Fiesoli was still the head of the community and, as specified in the report accompanying the bill, the Juvenile Court would continue to entrust minors to the structure (at least 60 until 2009) .

Moreover, just for the treatment suffered by two children entrusted by the Court to the community, Italy was condemned, in July 2000, by the European Court of Human Rights – seized by the mothers to whom the minors had been removed – to pay a a fine of about 150 million lire as compensation for moral damages.

The reference to the ECHR ruling (Scozzari and Giunta c. Italia judgment of 13 July 2000) concerned a story of September 1997, the year in which two children (at the time of 10 and 3 years) – of which the applicants were, respectively the mother and the grandmother – were inserted with judicial provision in the community “Il Forteto”. Two of the main leaders and founders of the community were convicted of sexually abusing three disabled people entrusted to their custody, facts known to internal judges. Before entering the community, the eldest of the two children had been the victim of pedophile violence by a social worker.

The EDU Court found that the two indicted officials had played an “active role” in child custody and concluded that there had been a violation of Article 8 of the Convention (right to respect for private and family life) due, in particular, the uninterrupted reliance of the latter on the community “Il Forteto” ». It is precisely on these very serious anomalies that deputies and senators must shed light to dispel the fog in which the activity of the cooperative, already subject to inspections by the Tuscany Region and the Ministry of Economic Development, has remained enveloped.

The latter, called to assess the administrative-managerial profiles, in August 2013, had requested the commissioner: “request subsequently rejected by the assembly of the cooperative itself”. Still note the Montecitorio document highlighting the audacity never dormant of this private subject suspected of having multiple political coverages from unidentified exponents of the left. How is it possible that such and so many distortions in the custody of minors have occurred even after the crimes verified against the managers? The Brambilla Commission partly answers by revealing the dangerousness of the entrust system to some extent.

“CHILDREN AWAY FROM HOME FROM THOSE WHO SHOULD HELP THEM”

«The lawyer Maria Carsana, president of the Association for the protection of minors and of the victim of violence, with regard to the removal pursuant to article 403 of the civil code, replying to the question asked by some members of the Commission on how many removal orders are subsequently issued validated, stated that, based on his direct experience, all the emergency measures adopted on the basis of the aforementioned provision have always been validated.

This is a fact that should make us think, given that we are dealing with measures issued if there is a suspicion of strong discomfort or in any case of unfitness of families to look after their children. Particularly significant in this regard is that in most cases treated, as a defender of the families involved in these proceedings, these removals are arranged following the request for help from these families, by those in charge of helping them.

Even this figure should make everyone think. Once a family enters the circuit of social-assistance services it is difficult to get out of it, so before advising a family to turn to the state for help, it is good to evaluate all the consequences “. A clear suggestion to parents to think about it not two but seventy times before turning to social workers is not a populist lawyer enemy of the system but the official document XVII bis n. 12 approved on 17 January 2018 by the by those in charge of helping them. Even this figure should make everyone think. Once a family enters the circuit of social-assistance services it is difficult to get out of it, so before advising a family to turn to the state for help, it is good to evaluate all the consequences “.

A clear suggestion to parents to think about it not two but seventy times before turning to social workers is not a populist lawyer enemy of the system but the official document XVII bis n. 12 approved on 17 January 2018 by the by those in charge of helping them. Even this figure should make everyone think. Once a family enters the circuit of social-assistance services it is difficult to get out of it, so before advising a family to turn to the state for help, it is good to evaluate all the consequences “.

A clear suggestion to parents to think about it not two but seventy times before turning to social workers is not a populist lawyer enemy of the system but the official document XVII bis n. 12 approved on 17 January 2018 by the it is good to evaluate all the consequences ». A clear suggestion to parents to think about it not two but seventy times before turning to social workers is not a populist lawyer enemy of the system but the official document XVII bis n. 12 approved on 17 January 2018 by the it is good to evaluate all the consequences ».

A clear suggestion to parents to think about it not two but seventy times before turning to social workers is not a populist lawyer enemy of the system but the official document XVII bis n. 12 approved on 17 January 2018 by theBicameral Commission for Childhood and Adolescence . The body chaired by the former Italian deputy Michela Vittoria Brambilla in a few lines highlights two serious criticalities among the many: all the entrants are proposed by the social workers without contradictory with the family and those of emergency arranged by an honorary judge are almost always validated by the Children’s Courts.

They are in fact the same parliamentarians in their survey on minors “outside the family” to launch heavy “j’accuse” to the system and to its own managers. «Without generalizing, in some cases there are good and prepared operators, albeit too few numerically compared to the cases to be followed, while in others, quite frequent, it happens that the social worker who has to report to the court is not competent or has presumptions of the all personal of the absolutely unencoded concept of parenting ability. Moreover, the lack of definition of this concept implies a multiplicity of interpretations about its actual meaning – writes the Commission – Therefore, in many situations the juvenile courts take at face value these relations,In total, 64% of the contracts are awarded to institutions, family communities or foster families that extend well beyond the 24 months required by law. In fact, except in exceptional cases, the stay outside the family of origin, as prescribed by law, should not exceed this period of time “.

REMOVED FROM THE FAMILIES ESPECIALLY WHY THE POOR

And it is precisely the numbers that establish the failure of the supply chain that starts with social assistance, passes through the honorary judges (go) with their conflicts of interest ( which we will discuss later ) and arrives at the Children’s Courts where the same “go” sit next to the togates.

Out of 19,955 minors entering residential buildings in 2013, only 1,399 were victims of abuse or maltreatment in the family while 7,632 were “removed from the family unit due to economic problems, educational incapacity and psycho-physical problems of the parents”.

“With regard to the protection of minors and parental inadequacy, among the dysfunctions and contradictions present at the regulatory and application level, the excessive recourse to the formula” of parental inadequacy “was reported, which is present in approximately 39% of cases of removal, in the face of cases of mistreatment or abuse, of only 4%. In this regard it was recalled that in Italy most of the removals of minors from their families are based on this assessment, which appears discretionary and arbitrary, but which represents the main criterion of hetero-family foster care – parliamentarians note – There is therefore a generalization of the remedy of the removal to hypotheses that do not constitute a suitable normative presupposition to justify it; all the more, where the motivation, regards a personological or generic evaluation of whether or not they are parents ».

A dispute of inadequacy often a consequence of mere character divergences: «in 100% of the cases the motivation of the removal is found in absolutely generic evaluations and even in certain cases of“ accidents ”on the personal opinions of the interested parties: social-family assistants of origin» . But before which it seems impossible to defend oneself for families. social-family assistants of origin ». But before which it seems impossible to defend oneself for families. social-family assistants of origin ». But before which it seems impossible to defend oneself for families.

FAMILIES WITH VERY FEW POSSIBILITIES OF DEFENSE

«Some of the associations audited by the Commission, including the legal representative of the Social Network Association, Catia Pichierri lawyer, highlighted in particular: the impossibility for parents to defend themselves, since the foster care and / or removal order is issued by the Court, in the council chamber, unheard of; the unreasonableness of the procedural time in the phases following the expulsion, as well as the circumstance that the implementation of the provision is generally left to the same social operator who made the report.

The excessive rapidity in assessing the need for removal was also underlined, as opposed to the excessively long times deemed “necessary” to assess the validity of the reasons on which the provision is based “. That is before the child is thrown into the community, then calmly assesses whether it was appropriate to do so.

And the legal confrontation takes place in an absolutely unfavorable context for parents: «In the course of the proceedings, a temporary guardian must be appointed to represent the child, but in most cases the person in charge of the social service is appointed to protect the child who drew up the expulsion report, with a clear conflict of interest.

As regards the minor’s lawyer, who also has the right to defend himself in the context of the procedure, in general he is appointed by the same temporary guardian who, as mentioned, in many cases is the head of the social service that drafted the report of removal ». An endless spiral in which the end of the skein is governed by the social worker who obviously, having no contradiction, can also influence the minor.

Channel 5 “Love torn”.  It is the three-part miniseries, directed by Simona Izzo and Ricky Tognazzi and interpreted by Sabrina Ferilli and Enzo Decaro , inspired by the book  “Kidnapped by justice”, written by Caterina Guarneri and Maurizio Tortorella with the help of the victim, who narrates the story of Angela Lucanto : 7 years old snatched from her family and locked up in an institution after her father had been accused, unjustly, of abusing her.

ANGELA: “RAPID FROM JUSTICE” FOR A GHOST

Angela Lucanto’s nightmare begins on November 24th 1995 when she is taken to school by carabinieri who take her to an institution in Milan without the knowledge of her mother Raffaella and her father Salvatore : unaware of what happened and desperate for not having found her at the end of the lessons. To trigger a tragedy is a cousin, then 14 years old, who suffered from mental disorders and accused some relatives, including Salvatore, of having sexually molested her, adding that Signor Lucanto had also done it to Angela. It was a drawing of a ghost that led to his father’s arrest: «One of the zealous psychologists who collaborated with the prosecutor with the task of” making the girl talk “, asked her to draw a little ghost and she did – her mother tells – It was interpreted as a phallic symbol and my husband on January 26, 1996 5 am was dragged to San Vittore. We did not understand what was happening, we were certain that in a few hours the misunderstanding would be clarified, instead he remained in the cell two and a half years ».

So far a story of ordinary injustice against an adult, then exonerated from any accusation, while his wife continues to struggle to get her daughter back. He chain himself outside the institution where Angela was but gets the opposite effect because the child was transferred from Milan to Genoa where the nightmare becomes terrible. “I was intolerant to milk and said I couldn’t drink it because I was sick. Then they kept me without eating, with the cup of milk in front of me until I drank it – says the girl who has come of age – If I asked about my parents, I was told that they didn’t look for me and they didn’t even remember me anymore».

The process finally established the truth. Salvatore passed from a sentence of 13 years to acquittal and therefore to the recognition of his innocence in the second degree and in the Cassation. But the adoption procedures continued and Angela was entrusted to a family from Varese who, in order to convince her to change her last name, told her that her parents had died. Parents do not give up: secret agents are improvised and they are informed about the adoptive couple’s movements discovering that they usually go on holiday to Alassio.

Although grown up and become a teenager, they know her on the beach and send her brother forward as her mother says: «Francesco spoke to her for the first time: we feared he didn’t want us anymore, instead he always waited for us. As soon as she entered the house she went straight to look for her things.

Angela was 17 years old and was adopted, she was forbidden to meet us and the magistrates made war on her, but as soon as she turned 18 she returned to us».

An avoidable drama because, as the leaders of the associations and also the parliamentary Commission Infancy stress, the practice of custody which should be of last resort has become a daily practice. “It is clear that if a removal can be replaced by a home care intervention – which is much less expensive – and this road is not traveled, the legislation is not applied in compliance with the principles set in it – the parliamentarians are already stigmatized in the cited document – In this regard it was underlined how in the most serious cases the declaration of adoptability of minors who have a family of origin that wants them back and who risks losing them forever is underway “. Fortunately, sometimes,

The lawyer Cristina Franceschini, president of the non-profit organization Finalmente Liberi,has conducted many battles to take minors out of the communities and return them to desperate parents. And he won them all! Because the system, as already mentioned, is so watery that as soon as it is involved a legal expert enters the castle of automatisms and roofs collapses.

As in the case of the twelve-year-old Luca, now an adult, whose name is obviously fancy to protect his distressed elbow. “Among the bewildering cases that I dealt with in the protection of minors entrusted to the community, there is certainly that of a 12-year-old boy who was included in a therapeutic structure in 2012. The child had verified dyslexia problems and when he could not do his homework due to reading difficulties he had uncontrollable behavior.

This happened only at home but not at school. The parents asked for help from the social services that suggested a voluntary assignment to a community. The family after evaluating the thing and seeing that the son did not want to go there considered that it was not useful. But despite this, its therapeutic reliance was ordered: it was taken with an ambulance also in consideration of its heart problems and subjected to a Tso (Compulsory Health Treatment) aimed at its inclusion in the structure.

Since there are no psychiatric divisions for minors – this, in itself, is a shameful thing – it was therefore held for three days in a department with adult patients “. But despite this, its therapeutic reliance was ordered: it was taken with an ambulance also in consideration of its heart problems and subjected to a Tso (Compulsory Health Treatment) aimed at its inclusion in the structure.

Since there are no psychiatric divisions for minors – this, in itself, is a shameful thing – it was therefore held for three days in a department with adult patients “. But despite this, its therapeutic reliance was ordered: it was taken with an ambulance also in consideration of its heart problems and subjected to a Tso (Compulsory Health Treatment) aimed at its inclusion in the structure. Since there are no psychiatric divisions for minors – this, in itself, is a shameful thing – it was therefore held for three days in a department with adult patients “.

Once the Tso is over, traumatized for life and ultrasound, Luca is taken to the destination facility where he will spend his puberty. «After about two years the parents turned to me because I was interested in the case. I discovered that he was subjected to heavy daily psychotropic treatments, he only ate white pasta and biscuits, he stopped attending school because he was kept sedated and slept practically all day.

So much so that he had gained 20 pounds in a year. I met the child psychiatrist who had treated him and prescribed the drugs administered by the community and asked him how many psychotherapy sessions the boy did, as foreseen in his insertion project. At first he kept quiet.

Then at my insistence he replied: “I think he does it.” The doctor who prescribed a bombing of psychiatric drugs did not even know what his recovery plan was. The parents spent about a thousand euros to buy a PC with a speech synthesis program to remedy their dyslexia problems, so that they could read and study school textbooks.

Despite the fact that the minor cost the State 200 euros a day, they felt that they could take the computer away because the structure did not have sufficient resources to pay a specialized educator. I proposed an alternative plan of educational assistance that was immediately accepted, as happens every time we submit them to the institutions: all the cases that I dealt with as a lawyer could have been solved, and they were resolved, without custody in the community.

I thank Senator Alessandra Mussolini who first met us in 2013 together with fifty families, starting that process of political awareness and then continued by the Bicameral Commission for Childhood and Adolescence chaired by the deputy Michela Brambilla and culminating in the fact-finding survey on Minors ” outside the family ”, to which our dossier on the conflicts of interest of honorary judges also contributed, in which we highlight very serious criticalities in the system and, above all, as we have been supporting for some time, the inefficiency or lack of controls. Suffice it to say that when there was an inspection of the twelve-year-old with dyslexia in the community, those responsible had been warned before, as often happens,

The aforementioned story immediately brings to the fore the question of therapeutic communities which, in addition to having the burdens of education and custody of the others, also have precise responsibilities in the field of health care and, precisely because of these, a per diem is paid for each guest much higher.

It is pending before the Court of Perugia a indictment against the holders of an Umbrian cooperative which, according to the prosecutor’s accusations, would also have exercised health activity, though lacking the necessary authorizations. The owners, husband and wife, were also seized with 6 million euros of illicit earnings according to the judiciary. But since the Cassation had then annulled just such provision of the Court’s magistrate, accepting the defensive theses, specifically with regard to existing qualifications as a therapeutic community, we prefer to wait for the trial results before reporting the matter.

However, according to the lawyer Franceschini, the risk of conflicts of interest between the honorary judges and the reception structures reported in the dossier remains high.

“I don’t think it’s solved. After our dossier, the CSM has issued more stringent filters, providing that honorary judges cannot work in any capacity in the communities and not only as managers, as well as their relatives and cohabitants, but checks are lacking. Even the previous circular that forbade the holding of representative positions in structures for minors had been ignored by honorary judges who were in fact incompatible: therefore the system of self-certifications does not guarantee punctual control and the absence of a dual role, “says the president of Finalmente Liberi.

The crux of the problem is linked to the fact that psychologists or community managers to feed their own private business could infiltrate the category of honorary judges to guarantee themselves a high number of entrustments. As confirmed the discovery of the lawyer of 200 cases of obvious serious incompatibilities. “If incompatibilities are foreseen it is precisely to avoid that there are other interests that are not those of the minor: I don’t think I say anything strange if I assert that the departures from families are indelible traumas, just think of all those adopted who once became adults seek their origins … The ties cannot be broken, if that child has been removed for insufficiently serious reasons, he will never accept to live far away and will grow up with a discomfort that will affect his adult life ».

INSPECTIONS IN THE COMMUNITIES BUT … WITH NOTICE!

The real problem for Franceschini is the over-concentration on the structures. «An initial check is given by the certifications to be able to operate, then they send reports to the juvenile prosecutors every 6 months but it happens that these are also missing. There is no body that checks without warning and without a previous report. They often tell me of inspections with a week’s notice so in time to sort things out better and get the kids out who could tell something.

Family houses are not always so welcoming accommodations with trained staff. Certainly there are virtuous realities but there are also those where children eat badly, are used for cleaning and to take care of very small children and more … Until there will be no checks and punctual reports of the public sums invested, on who has been paid and for what path, with the relative outcome, I think we are far from a true guarantee to protect the child and from an optimization of personal and economic resources.

My association continues with the activity of sensitizing the community through the media, conferences and contacts with both local and national institutions: but it is necessary for a third party to create a database where all the curriculum vitae of the social workers, of the personnel of community and of those who make the honorary judge for cross-checks and serious ».

A conclusion that is in perfect harmony with that of the Brambilla Commission that “on the incompatibilities envisaged for the honorary judges who are members of the first instance courts or the minority sections of the appellate courts, recommends that supervision of this aspect be strengthened” and « considers it absolutely essential to implement the controls on reception facilities by the prosecutor’s offices at the Juvenile Courts, as well as the controls planned at both national and local level.

Furthermore, a specific and more careful control must be carried out on the structures that provide social-health services, in which minors with serious physical or mental problems are accommodated ». We hope that they will hopefully be welcomed by the new Parliamentary Commission on Childhood and Adolescence to solicit ministerial inspections also from those who are in charge of controls: the judiciary. Understandable when he complains of lack of staff, unjustifiable when he is unable to use the Criminal Code to keep a prisoner sentenced to 14 years for group violence against disabled children.Cardinal Richelieu , as recalled by the lawyer Franceschini in his Facebook profile.

Fabio Giuseppe Carlo Carisio