Child Protective Services – Topic 2 – Detention of your Child(ren)


Detention: The removal of your child(ren) from your care by Child Protective Services

One thing is very important for people to know and that is Child Protective Services DOES NOT HAVE ANY POWER until YOU GIVE IT TO THEM. Otherwise, they can go take a hike.

If you think there is some kind of law that says that YOU HAVE TO TALK TO THEM you are wrong. No county that I know of has such a law. Often, they arrive with the police. This is merely to INTIMIDATE YOU but also to protect them against you flipping out. We are often shielded from news stories about parents who go postal on social workers who threaten to take their child away. I think so no one gets any crazy ideas. However, a few have made into the mainstream. I have heard of people shooting CPS workers in the face and recently a mother hunted down the social worker who terminated her rights and killed her in cold blood. Let’s be honest, that is our initial urge in such a devastating event. Violence is counterproductive because when that mother’s child grows up she will most likely still be in prison and until the day she dies. There is no chance of ever having a close relationship with your child if you have to spend the rest of your life in prison.

As soon as CPS shows up at your door, and you ignorantly agree to speak to them, RECORD EVERYTHING! If they tell you that they are there to remove your child, say “NO!”. OBJECT to everything that is undocumented, lacks witness testimony, that is unreasonable, and make sure you get it recorded. If that day has already passed, you can still RECORD every future conversation with anyone and everyone involved in your case, in person and over the phone. If you think it is illegal to record a conversation that YOU are a party to, I have news for you:

Who must give permission to record a telephone or in-person conversation?

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a “one-party consent” law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a “one-party consent” law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded. Check your state’s law to see if they use the one-party consent law.

Every parent feels that their child will be taken “over their dead body”. Believe me, THAT IS WHAT IT WOULD BE if you decided to stick to that way of thinking. Dead or in jail of course. My husband and I went to jail for taking our son back from THEIR ILLEGAL DETENTION of our son, Donnelly. Of course for some reason, CPS in Riverside County, California, believes that they have a legal right over your child WITHOUT ANY SIGNED COURT ORDERS giving them custody! The police do not require the same from CPS as they do parents when involved in a “legal” custody battle. Us parents need to show the police a duly court stamped CUSTODY ORDER SIGNED BY AN OFFICIAL STATE JUDGE in order to receive their assistance to regain custody and control over your child. CPS can simply say they have custody and sometimes show them a MINUTE ORDER that is NOT SIGNED BY ANY JUDGE (because the “official” they call a “Judge” is merely an ADMINISTRATIVE “HEARING OFFICER”). BE SURE TO RESEARCH THIS IN YOUR COUNTY.

In California, CPS MUST CONSIDER PLACEMENT WITH A FAMILY MEMBER FIRST! This is from the current CA Welfare & Institutions Code:

361.3.  (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative, regardless
of the relative's immigration status. In determining whether
placement with a relative is appropriate, the county social worker
and court shall consider, but shall not be limited to, consideration
of all the following factors:
   (1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
   (2) The wishes of the parent, the relative, and child, if
appropriate.
   (3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
   (4) Placement of siblings and half siblings in the same home,
unless that placement is found to be contrary to the safety and
well-being of any of the siblings, as provided in Section 16002.
   (5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
   (6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for, and to
provide legal permanency for, the child if reunification is
unsuccessful.
   (7) The ability of the relative to do the following:
   (A) Provide a safe, secure, and stable environment for the child.
   (B) Exercise proper and effective care and control of the child.
   (C) Provide a home and the necessities of life for the child.
   (D) Protect the child from his or her parents.
   (E) Facilitate court-ordered reunification efforts with the
parents.
   (F) Facilitate visitation with the child's other relatives.
   (G) Facilitate implementation of all elements of the case plan.
   (H) Provide legal permanence for the child if reunification fails.
   However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
   (I) Arrange for appropriate and safe child care, as necessary.
   (8) The safety of the relative's home. For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
   In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control. The court shall order the parent to
disclose to the county social worker the names, residences, and any
other known identifying information of any maternal or paternal
relatives of the child. This inquiry shall not be construed, however,
to guarantee that the child will be placed with any person so
identified. The county social worker shall initially contact the
relatives given preferential consideration for placement to determine
if they desire the child to be placed with them. Those desiring
placement shall be assessed according to the factors enumerated in
this subdivision. The county social worker shall document these
efforts in the social study prepared pursuant to Section 358.1. The
court shall authorize the county social worker, while assessing these
relatives for the possibility of placement, to disclose to the
relative, as appropriate, the fact that the child is in custody, the
alleged reasons for the custody, and the projected likely date for
the child's return home or placement for adoption or legal
guardianship. However, this investigation shall not be construed as
good cause for continuance of the dispositional hearing conducted
pursuant to Section 358.
   (b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a). Consistent with the legislative intent for children
to be placed immediately with a responsible relative, this section
does not limit the county social worker's ability to place a child in
the home of an appropriate relative or a nonrelative extended family
member pending the consideration of other relatives who have
requested preferential consideration.
   (c) For purposes of this section:
   (1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
   (2) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. However, only the following relatives shall be
given preferential consideration for the placement of the child: an
adult who is a grandparent, aunt, uncle, or sibling.
   (d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements. In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
   (e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
   (f) (1) With respect to a child who satisfies the criteria set
forth in paragraph (2), the department and any licensed adoption
agency may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child's
welfare will be promoted thereby.
   (2) Paragraph (1) shall apply if both of the following conditions
are satisfied:
   (A) The child was previously a dependent of the court.
   (B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent or
parents.
   (3) As used in this subdivision, "relative" includes a member of
the child's birth family and nonrelated extended family members,
regardless of whether the parental rights were terminated, provided
that both of the following are true:
   (A) No appropriate potential caretaker is known to exist from the
child's adoptive family, including nonrelated extended family members
of the adoptive family.
   (B) The child was not the subject of a voluntary relinquishment by
the birth parents pursuant to Section 8700 of the Family Code or
Section 1255.7 of the Health and Safety Code.

All too often, CPS will use a catch phrase to support their kidnapping of your child(ren) such as “the child was at imminent risk” or even the lesser, “the child was at risk”. The “risk” can be as minimal as to not even exist because they can make it up and not have to provide ANY real evidence or ANY real witnesses. In most Juvenile Dependency actions, (which is ACTUALLY JUST A CIVIL OR ADMINISTRATIVE COURT) the mere filing of a Petition along with a Detention Report, regardless of its correctness or truthfulness, constitutes a “prima facie” case which means:

Prima Facie

[Latin, On the first appearance.] A fact presumed to be true unless it is disproved.

In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).

For most civil claims, a plaintiff must present a prima facie case to avoid dismissal ofthe case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. If the plaintiff fails to make a prima facie case,the respondent may move for dismissal or a favorable directed verdict without presenting any evidence to rebut whatever evidence the plaintiff has presented. This is because the burden of persuading a judge or jury always rests with the plaintiff.

Assume that a plaintiff claims that an employer failed to promote her based on hersex. The plaintiff must produce affirmative evidence showing that the employer used illegitimate, discriminatory criteria in making employment decisions that concerned the plaintiff. The employer, as respondent, does not have a burden to produce evidence until the plaintiff has made a prima facie case of Sex Discrimination (TexasDepartment of Community Affairs v. Burdine, 450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed.2d 207 [1981]). The precise amount of evidence that constitutes a prima facie case varies from claim to claim. If the plaintiff does not present a prima facie case with sufficient evidence, the judge may dismiss the case. Or, if the case is being heard by a jury, the judge may direct the jury to return a verdict for the respondent.

Prima facie also refers to specific evidence that, if believed, supports a case or anelement that needs to be proved in the case. The term prima facie evidence is used inboth civil and Criminal Law. For example, if the prosecution in a murder casepresents a videotape showing the defendant screaming death threats at the victim,such evidence may be prima facie evidence of intent to kill, an element that must beproved by the prosecution before the defendant may be convicted of murder. On itsface, the evidence indicates that the defendant intended to kill the victim.

Statutes may specify that certain evidence is prima facie evidence of a certain fact.For example, a duly authenticated copy of a defendant’s criminal record may beconsidered prima facie evidence of the defendant’s prior convictions and may be usedagainst the defendant in court (Colo. Rev. Stat. Ann. § 18-3-412 [West 1996]). A Civil Law example is a statute that makes a duly certified copy or duplicate of a certificateof authority for a fraternal benefit society to transact business prima facie evidencethat the society is legal and legitimate (Colo. Rev. Stat. Ann. § 10-14-603 [West1996]).

Further readings

Herlitz, Georg Nils. 1994. “The Meaning of the Term ‘Prima Facie.'” Louisiana LawReview 55.

Cross-references

Burden of Persuasion.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

prima facie

(pry-mah fay-shah) adj. Latin for “at first look,” or “on its face,” referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a grand jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account, makes it a prima facie case. However, proof that the bank had misprinted the account number on the checks might disprove the prosecution’s apparent “open and shut” case. (See: prima facie case)

Most often, CPS has NO WARRANT AND THEREFORE NO LEGAL GROUNDS TO REMOVE YOUR CHILD! They must state in their PETITION as well as their DETENTION REPORT what the reasons are, and if no warrant, they must state the facts, clearly and concisely, what evidence they had to believe the child(ren) were at imminent risk of being abuse or neglected. Do you know what they say in their detention reports? Things like, “The family has had a prior CPS case therefore, due to someone calling in again then the parents did not benefit from services provided by the Department therefore the child was at risk of abuse or neglect.”!  WTF???

Sometimes it is very difficult for me to write these posts as this kind of shit really disturbs me!

I HIGHLY RECOMMEND THAT YOU DO THE FOLLOWING AT THIS POINT:

  1.  RESEARCH RESEARCH RESEARCH – Look up your state’s laws regarding child welfare, look up and get a copy of your county’s MANUAL OF POLICIES AND PROCEDURES, find out what YOUR ATTORNEY CAN AND SHOULD DO FOR YOU AND WHAT YOUR CHILD’S ATTORNEY CAN AND SHOULD BE DOING FOR YOUR CHILD(REN). Call them on their lack of proper representation, call them, leave messages, quote the laws and policies you look up, write and call their superiors if the attorney is not making proper responses and objections. You can also find help on Facebook page called Families Against Government Abuse: https://www.facebook.com/groups/familesagainstgovernmentabuse/?ref=browser and another called T.E.A.R.S.: https://www.facebook.com/groups/347127752109413/?ref=browser  From there you should find many more groups.

CALLING TO THOSE IN AND AROUND ONTARIO, CALIFORNIA


COME HELP RAISE AWARENESS AND PROTEST AGAINST FORCED ADOPTIONS!

WHERE: Ontario Convention Center 2000 E. Convention Center Way, Ontario, CA 91764

WHEN: Thursday, November 20, 2014 [10:30 am]

WHAT TO BRING: SIGNS, SIGNS AND MORE SIGNS!

If you can’t bring a sign, no worries but if you can, get a posterboard, a black Sharpie and a red Sharpie and write your child’s name on it and say, “My child was stolen by _____ County Child Protective Services” or something or whatever you want to write on it.  Bring your VOICE! 

IMG_4861

INVOLUNTARY/FORCED ADOPTION PEACEFUL PROTEST! Thursday. Nov 20, 2014 the Ontario Convention Center Located at 2000 E. Convention Center Way in Ontario, CALIFORNIA 91764. Children and family services is hosting the event for final adoption. As many of you know a lot of these children are INVOLUNTARY adoptions and many parents want their children! Many families had rights terminated unjustly and without due process in the juvenile courts many of these children end up abused and we must let the world know this is happening and its a kids for cash scheme via our government! Not all the adoptions however we know MANY children are being adopted out without due process and having parental rights terminated unjustly as well as loving fit family members wanting their family are being denied! We must raise awareness and EXPOSE what is happening to our children and families! Lets all of us advertise and sponsor a protest at the convention center. I know WE CAN DO IT! We can keep it peaceful. Lets do this people!!!! this is our spot lets make it a large!!! this is HUGE! “LET’S KEEP THE HEAT ON” LETS JOIN TOGETHER! please only accept invitation if you are going! This is in STATE OF CALIFORNIA CITY OF ONTARIO

PROOF OF WHAT I HAVE BEEN SAYING, COMPARING THE JUVENILE COURT TO A CIRCUS!:

adoptionCircus

Fight CPS and WIN Seminar


LOCATED IN PASADENA, CALIFORNIA


seminar

CLICK ON THE PICTURE TO FIND OUT MORE AND TO REGISTER!

Information About Juvenile Dependency Court (CPS’s “Court”)


What I Know About Room S103

Have you or has anyone in your family been forced to participate in the scheme called Juvenile Dependency Court? If not, here is how it goes at the Southwest Injustice Center located on Auld Road in Murrieta, California:

Social workers from Child Protective Services (DPSS-CPS) illegally confiscate and seize your child(ren). A petition is then filed so they can continue to hold your child hostage. The ransom is your participation in “services” in which they are paid to pretend that you need.  You participate in these “services” until their imaginary clock runs out at which time they terminate your parental rights and sell your child to someone else. They call that “adoption”. 

They used to give children back to their parents but nowadays they get more money from “adoption incentives” which is money from the federal government to “ensure the child a safe and permanent environment”. However, some children may still go home because they need to show that “reunification” is still the “primary goal”. Often, those homes ARE unsafe so when the child does get hurt they can say, “See the reocurrence of maltreatment with the parents? We need more money!” I’m not saying that if your children are returned that your home is unsafe, you may actually have a social worker with pull and a conscience. 

The first “hearing” is called a “Detention Hearing”. You enter the court, get searched and go through a metal detector, then down the hall to S103 and wait outside the rented courtroom with about 10 other families, and wait for the cop to come out and tell you to check in. Your name might be called prior to that to speak to an “attorney” who already knows exactly what the outcome of your case will be because the “judge” (who is on the County’s payroll as a “Hearing Officer”) has already decided what to do. If you are lucky enough to receive a copy of the Detention Report prior to your case being heard, you will find what that outcome is by looking for the page that says, “Recommended Findings and Orders”. The hearing officer simply “adopts” them all without argument from your “attorney”. You will not be advised of what the Petition means, you will not be advised of your rights, your child will not be advised of their rights, your “attorney” will waive all formal readings and will “submit” to the allegations of the Petition. Your children will be “ordered” detained and another hearing will be set. The only things that may be up for discussion are placement and visitation. You must push for placement with family AT THAT FIRST HEARING. Otherwise, good luck getting your child placed with family. You can request placement after that however, they will take their sweet time assessing your family’s home and most likely will come up with some reason not to place your child with your family. Visits will be supervised at the CPS office. You will get to see your kids once or twice a week for an hour or two. Depending on the situation, the visits may increase and/or change location and take place at a foster agency. If your child is a newborn you must request more visits on the grounds that the mother-infant bond must be established. However, if there are any allegations of drug use, your baby will be denied breastmilk. 

You will be “ordered” to participate in CPS’s “services” which include:

Drug Testing – Yes, they consider this a “service” to you! Usually, all parents must take time off of work to drug test (even if there are no allegations of drug use);

Parenting Classes – Everyone is forced to learn the most basic parenting skills using videos from the 1970’s

Substance Abuse Counseling – Beware, even if the allegations do not include drugs, they may come up with something ridiculous such as your breath smelling like alcohol, use a very old DUI or other under the influence charge against you or claim that one of your urine drug tests were “diluted” which they say is a “dirty” test because you purposely drank too much water before testing to cover up using drugs or alcohol;

Anger Management – Even if there has not been any domestic violence they may say that the child overheard an argument once or use your justifiable anger and verbal lashing you or the other parent displayed as they were illegally seizing your child against you;

General Counseling – This is across the board. Beware, if you are angry and the injustice against you they may order a psychoanalysis where they will have paid a psychiatrist to write a scathing report about you and make you take medication hoping to deem you unfit due to a severe psychological disorder thus “placing the child at risk”;

Domestic Violence Awareness – If you or your child admit that ANY incident of violence (as minor as grabbing an arm or slap of any kind) you will be forced to attend a victims class;

Home Visits – Yes, they consider this a “service” to you too. Once a month, a social worker will come to your home. Some workers will schedule this a day in advance or simply come unannounced. If they come unannounced, you do not have to answer the door but only do that if you can pass it off that you really are not home or that you are in the shower, sleeping or have headphones on. If your dog is barking and you tell it to be quiet, the TV is on and you suddenly turn down the volume, the phone rings and you answer it, there are children obviously inside or outside playing, there are several cars out front, the garage door is open, etc, it is not a good idea to ignore them. But, like I said, if you can get away with it, make them come back and/or make an appointment next time;

Bus Passes – Even if you don’t really need one, make them give one to you anyway. You can give it to someone who does need it.

The next hearing is called a “Jurisdictional/Dispositional Hearing”. At this hearing your child will be determined to be a “ward of the state” and they have sole discretion to do whatever they want to your child. HOWEVER, YOU DO HAVE RIGHTS! Download this document called the Dependency Quick Guide: DOGBOOK. It will be your best friend throughout your “case”: **Note: the first two pages are blank, so scroll down to the third page.

https://drive.google.com/file/d/0B_PlDs4d_B_lbjN1NjR6OGZsamM/edit?usp=sharing

BE AWARE THAT THEY DO NOT HAVE EXCLUSIVE AUTHORITY TO MEDICATE YOUR CHILD WITHOUT YOUR CONSENT. BUT THEY MIGHT DO IT ANYWAY! How do they get away with it? By having their hired psychiatrist determine that there is an immediate need to medicate your child. Then they will file an “Application” to ask the hearing officer to approve the doping of your child. The hearing officer “approves” this request 99.9% of the time. You can and should OBJECT TO THIS by filling out the proper forms and filing them with the court. Do not expect your court appointed “lawyer” to do it they will tell you that they are too busy. For California dependency cases here is a link to the forms:

http://www.courts.ca.gov/documents/jv222.pdf

Here is the informational sheet regarding this issue and the court:

http://www.courts.ca.gov/documents/jv219info.pdf

That is all the time I have today, I have to continue to work on my case WHERE I AM SUING THEM! I promise to provide more information from my experience regarding what to expect from this Kidnapping Circus Court.

CircusTent

All of my efforts and posts are dedicated to my son, Donnelly Keaton Burns. I miss you so much I cry everyday, like RIGHT NOW.

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THE TRUTH ABOUT CPS IN AMERICA


Watch this video and you will feel sick about those hired to protect children.

Q & A: Popular Search Questions: How to “beat” CPS: YOU CAN’T


PLEASE CLICK ON THE LINK BELOW TO BE REDIRECTED TO: CPS: CHILD PREDATOR SERVICES which is another donnellyjustice site:

Q & A: Popular Search Questions: How to “beat” CPS: YOU CAN’T.

via Q & A: Popular Search Questions: How to “beat” CPS: YOU CAN’T.

Q & A: What Is “Probable Cause” For CPS to Take Your Child?


Q & A: What Is “Probable Cause” For CPS to Take Your Child?.

via Q & A: What Is "Probable Cause" For CPS to Take Your Child?.

Q & A: How to Pass a Hair Follicle Test in Riverside County, CA


Q & A: How to Pass a Hair Follicle Test in Riverside County, CA.

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