THE FIRST THING TO UNDERSTAND IS THIS: Child Protective Services DOES NOT REALLY CARE ABOUT THE CHILDREN! Now you know why they do the mean things they do.
THE SECOND THING TO UNDERSTAND IS: CPS only cares about FUNDING. This is what drives them to do ANYTHING.
My top ten list of advice and information:
1. STAY CALM AND COLLECTED. When you yell, argue, and/or make threats of any kind, they have the ammunition to accuse you of being violent and/or claim that the children would not be safe in a “volatile environment”. Always be polite and courteous to everyone who has anything to do with your case. Yelling and arguing only incites them to make up more crap about you and an excuse to refuse to return your children. When I say be polite and courteous, I mean play it up big by saying things like, “Thank you so much for your help and concern with the welfare of my family. I really appreciate everything that the Department is doing for us. We strive to become better parents, regardless of how. We are learning a lot and are dedicated to completing our case plan.” YOU DO NOT HAVE TO MEAN IT! I know how you really feel about them. This is normal. Heck, if I said all the things I thought about social workers, well, I would have a lot of problems to deal with. That is all I will say. My mom always used to say, “Kill them with kindness.” Best advice she ever gave me yet, in this situation, I understand how difficult it is to do. However, it is well worth the efforts as this has a great deal to do with if and when they return your child(ren). This is not a guarantee but it is very important that your social worker LIKES YOU.
2. Stop fighting them. UNDERSTAND THAT YOU CAN NOT BEAT THEM IN COURT – EVER! What I mean by that is this: The case will not be dismissed for lack of evidence. It will NOT be dismissed once you prove your innocence. It just will not happen so let’s move on. [ALTHOUGH IT IS POSSIBLE IF A BRAVE LAWYER OR GROUP OF LAWYERS HAS ENOUGH YOU-KNOW-WHAT TO PRESENT A DEFENSE THAT EXPOSES THE ABUNDANT CODES, STATUTES AND REGULATORY ACTS WHICH ARE VIOLATED IN EVERY CASE. If every parent hired a private attorney or if there was a program through the BAR Association where pro bono services were provided to defendants in Juvenile Dependency cases, the court cohorts would not be able to collaborate and collect our kids for cash!] However, there is a lawyer named Vincent Davis who has been educating and preparing parents and guardians for court.
When I say stop fighting them, I do not mean that you shouldn’t get objections on the record. This is extremely important for appeal. So, file a Declaration or Objections to the Detention or similar document that clearly objects to the false allegations, the fabricated evidence and the perjury the social worker has made and submitted to the court in the form of written testimony (the Detention Report and or any other report the county has filed).There are things you can prove with providing your “attorney” proof of in the form of documents and testimony. This may alleviate requirements of some of their case plan programs but it will not get your case dismissed.
Once you get your children back and the case CLOSED, you can and should sue them. But check your local and state rules regarding claims against a government agency. You may have to file an administrative complaint FIRST. A Federal 42 U.S.C. Section 1983 complaint for violating your 14th Amendment rights and your child’s 4th Amendment rights is a good way to go however, it is not the only way.
3. .Complete the case plan without complaining or arguing. If you don’t feel you should have to go to any Domestic Violence classes, you need to tell your lawyer to negotiate that requirement if there has been no domestic violence. YOU CAN BARGAIN WITH CPS but you must get it approved by a CPS supervisor and/or the Court.
4. GET EVERY PROMISE IN WRITING. Whether it is to place your children with family, increase your visits, close your case early, or to relieve you from drug testing, write up a promise agreement and have them sign it.
5. RECORD AND DIARY EVERYTHING. Al;ways make sure to get names, dates and times or every communication with CPS and your lawyer. This will be particularly beneficial when you sue them as well as be able to politely disagree with social workers when they tell you something different that they told you previously.
6. NEVER MISS A VISIT WITH YOUR CHILDREN. EVEN IF YOU HAVE TO START WALKING THE NIGHT BEFORE, GET THERE SOMEHOW. IF YOU MISS A VISIT THEY COULD TAKE YOUR VISITS AWAY BY SAYING THAT YOU HAVE NO INTEREST IN VISITING.
7. If you do need to complain, do it in writing and send copies to those in higher positions. DO NOT BE AFRAID TO WRITE TO THE DEPARTMENT’S DIRECTOR! This will ALWAYS GET THEIR ATTENTION and most times your complaint is duly acknowledged and something is corrected.
8. IF THE ALLEGATIONS WERE EVEN SLIGHTLY TRUE, STOP THE BEHAVIOR PERMANENTLY. If they said you were doing drugs, STOP USING DRUGS! If they said there was domestic violence and it is true, EITHER FIGURE OUT A WAY TO GET ALONG OR SEPARATE. When you can’t prove you were not on drugs or that there was no domestic violence, the quickest way to get the children returned is to separate immediately and make sure that CPS has NO KNOWLEDGE OR SUSPICIONS THAT YOU BOTH ARE COMMUNICATING. That means do not talk on the phone, do not email, do not meet them in public places during the day. Make sure when you do talk or see one another that you are not followed. Take extra precautions to ensure that whatever actions you have taken to convince CPS that the children are or will be “safe” stays that way according to them. WHAT THEY DO NOT KNOW WILL NOT HURT YOU. Also, do not tell anyone anything different than what you tell CPS.
9. Always file an appeal regardless of what your “attorney” says. You never know what the appellate court will be able to argue. However, you MUST GET OBJECTIONS ON THE RECORD!
10. ,MAKE FRIENDS WITH THE FOSTER MOTHER/FATHER. This can prove to be your most valuable ally.
CLICK ON THE PICTURE TO BE DIRECTED TO MY GOOGLE DRIVE. YOU CAN DOWNLOAD IT.
Now, this was timely filed in LA Childrens’ Court and properly served to all parties. The attorney for the parent who filed it PULLED IT OUT OF THE RECORD, CLAIMING THAT THE PARENT COULDN’T FILE THINGS WITHOUT HIS KNOWLEDGE. IT WAS FILED BEFORE HE BECAME ATTORNEY OF RECORD. AND HOW IN GOD’S NAME COULD A FILING JUST BE TAKEN OUT OF THE CLERK’S FILE? SHOWS YOU RIGHT THERE THEY DO WHATEVER THEY WANT I BELIEVE THIS DOCUMENT WAS A VERY SERIOUS THREAT TO THE DEPARTMENT AND EVERYONE IN THE COURT, SINCE THEY ARE ALL ON CPS’S SIDE. WE ARE GOING TO TRY TO GET IT FILED AGAIN, MAYBE I SHOULD JUST PUT THE LAWYER’S NAME AT THE TOP AND MAKE IT LOOK LIKE HE PREPARED IT, I BET THAT WOULD REALLY GET HIM IN TROUBLE! AND ME AS WELL SO I WON’T ACTUALLY DO THAT. IF ANYONE HAS ANY IDEAS, LET ME KNOW. THIS CASE IS SOMETHING OFF THE CHARTS, SIMILAR TO THE IN RE: DF.
SO, IF YOU PREPARE OBJECTIONS BEWARE THAT IT WILL BE VERY DIFFICULT TO FILE IT. I WILL KEEP EVERYONE APPRISED REGARDING THE FILING OF THIS DOCUMENT. WISH US LUCK!
This will stop the judges from volunteering to work for CPS and paid to remove children. Open up the courts to public oversight. This will happen in Riverside county even if these Judges don’t like the pay cut
DEMANDING AN AUDIT OF RIVERSIDE COUNTY CHILD PROTECTIVE SERVICES AND COUNTY COUNSEL.
I WILL STOP AT NOTHING UNTIL THESE CRIMINALS ARE IN JAIL LIKE JUDGE MONTEROSSO AND THE COUNTY COUNSEL WHO COLLUDED WITH HIM TO TAKE CHILDREN FROM GOOD PARENTS. THESE PEOPLE DON’T CARE ABOUT CHILDREN.
ANYONE WHO GOES INTO A RIVERSIDE COUNTY COURT HOUSE MUST HAVE A RECORDING DEVICE ON YOU BECAUSE THE TRANSCRIPT WILL BE DOCTORED AS WITH MY CASE BUT I HAVE THE PROOF AND ATTORNEYS WILL NOT TAKE THE CASE BECAUSE CPS WILL TARGET THEIR FAMILY OR THE JUDGE WILL HAVE THE ATTORNEY DISBARRED IF THE ATTORNEY WINS OR DOESN’T FOLLOW THE CORRUPT WAYS OF THE COURT. I HAVE THIS STATEMENT FROM AN ATTORNEY WHO HAS BEEN TOLD THIS VERY THREAT. WITH THAT HELD OVER YOUR HEAD AS AN ATTORNEY WHAT WOULD YOU DO? QUITE OR BE CORRUPT? THIS IS THE KIND OF COURT SYSTEM WE DEAL WITH TODAY. JUDGES WHO HAVE NO FAMILY VALUES AND PUT THEMSELVES OVER TOP OF THE AVERAGE MAN, WHEN THEY ARE LESS OF A MAN FOR NOT DOING THE RIGHT THING FOR A DEFENCELESS FAMILY.
THIS COUNTY OF RIVERSIDE MUST BE INVESTIGATED. THE REPORTING AGENCY CDT IS CORRUPT AS WELL I HAVE HAD CDT GIVE DIFFERENT TEAT RESULTS THAN LAB TEST WITHIN MIN, OF EACH OTHER. ONE I PAID FOR AND THE OTHER CPS PAID FOR. I DID THIS TO EVERY TEST CPS HAD ME TAKE AND THE TEST HAVE SUCH DAMAGING INFORMATION ABOUT CPS AND THE REPORTING AGENCY THEY USE.
Part 3 of a series explaining what happened to our family. This is a remade version which excludes certain information about others which may have been too personal to have published. Our apologies for that. Also, more information and evidence is included in this version. Stay tuned for Part 4 COMING SOON@!
IF YOUR CASE IS SIMILAR TO THIS, MAKE SURE YOU MAKE YOUR ATTORNEY REFER TO THIS CASE AND IF THEY DON’T ASK FOR A MARSDENS HEARING AND RELIEVE YOUR ATTORNEY, JUST MAKE SURE YOU GET THIS IN THE TRANSCRIPT – PAST DRUG USE DOES NOT CONSTITUTE RISK AND REFER THE COURT TO THIS CASE:
Case Name:In re Destiny S. , District: 2 DCA , Division: 1 , Case #: B239393 Opinion Date: 10/31/2012 , DAR #: 15121 Case Holding: Juvenile court’s order declaring minor dependent was unsupported by a specific defined risk of harm. The 11-year-old minor Destiny was placed with her mother on voluntary maintenance because she was regularly tardy to school and mother had a history of methamphetamine and marijuana abuse. When mother tested positive for those substances, CPS removed Destiny and filed a petition. The evidence showed that Destiny was a healthy, happy, well-cared-for pre-teen. She no longer had problems with tardiness. Nonetheless, the court removed Destiny, finding that she was at risk of harm because mother was in denial as to her drug habit, and Destiny had a previous history of lateness to school. The appellate court reversed the juvenile court orders. No evidence suggested that Destiny was at risk of imminent physical harm because of her mother’s drug use. Further, mother had tested clean for three months prior to the hearing. The evidence did not support the court’s finding that there was a risk of serious physical harm from parental neglect.