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.
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!
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!:
I hope to keep this list ongoing. If anyone would like to contribute to this list, please comment.
Here are some things I learned about the way Child Protective Service Social Workers and the agency as a whole, operates:
1. Be aware that if any social worker calls you to tell you that they are closing their investigation and you need to bring the child(ren) down to their office to sign some papers THIS IS A TRICK! THEY INTEND TO KIDNAP YOUR CHILD. They do not need a “signature” to close out anything!
2. Often, social workers will try to bluff you claiming that your drug test results were positive just to get you to fess up on yourself. Do not fall for this trick.
3. Social workers are “collaborative partners” with ALL OF THEIR CONTRACTED SERVICE PROVIDERS. Never trust any employee or doctor that CPS has paid to provide you “services”. Those “confidentiality” laws mean nothing when it comes to providing CPS with any and all information about you. They only use these laws against you. You have a right to all the information in your file regardless of where it is.
4. NEVER ADMIT TO THINGS YOU DIDN’T DO. This is where I messed up. I was constantly pressured to “take responsibility for my actions” during our first case. I was threatened to have my children removed if I didn’t say that I had a drug problem. I wish I would have stood my ground and hired an expert witness to testify as to the legitimacy of those drug test documents.
5. Never give the Hearing Officer a dirty look.
6. Never ever believe a social worker. If they say that they are recommending that the case be closed, maybe the paperwork says that but that doesn’t mean that is what they are really telling the Hearing Officer to do. This is just so you don’t give them a hard time when dealing with you for another six months.
7. Always ask the Hearing Officer in court for a copy of the Minute Orders. That way you don’t have to pay for it at the clerk’s office or go through the hassle trying to get one. They can print it out right there in the courtroom and hand it to you. When you get home, make a copy and send it to your lawyer because they are never seem to have a copy of it.
8. If the Hearing Officer orders CPS to do something for you and they do not do it, warn the social worker and their supervisor that you know you can file a document for them to be found in contempt. Give them a deadline of not more than 5 business days to comply with the Minute Order and follow up with a confirmation letter. Send this letter to the social worker, adding a “cc” to their supervisor and the agency Director.
9. Child protection workers are like cops. You have the right to remain silent because if you share your strengths and weaknesses with them they will use it against you to kidnap your children. – Pure Mad Angel
10. After you are threatened with the possibility of never having your children returned and coerced into cooperating with CPS’s “services”, act like you are “benefitting” from them. Pour the sugar on thick and tell them how much you are learning and how grateful you are. Patronize them but don’t make it seem too fake. Be polite and nice to the worker and never argue or yell at them.
11. Prior to every hearing you will receive a copy of the social worker’s report which is submitted to the court. Be firm when it comes to their lies and manipulations. Make sure you write a rebuttal and file it with the court. Make sure that you use the words “I object to..” and “the social worker’s statement is false”. There are different rules in every state as well as the county regarding the deadline to file a response. If you fail to meet this deadline, your statement will not be a part of the official record. Check with the clerk and ask what the deadline for filing this rebuttal (written in the form of a Declaration) with the court and serving it upon all other parties. Do not count on your attorney to serve the other attorneys, have someone 18 years old or older mail it to CPS’s attorney, (County Counsel), the other parent’s attorney and the child(ren)’s attorney (Minors Counsel). You should find these names and addresses in the first few pages of the report that you are rebutting. In essence, failing to object to the lies makes them sort of true as far as the record goes therefore, any appeal based on perjury will be denied.
12. Never invite a social worker or law enforcement into your home. This is if you do not have a current open CPS case. Unfortunately, if you refuse to let social workers in when they do their home visit it will have a very negative effect on your case and could result in the removal of your children. However, if the children are not currently placed in your home, they have no reason to be there unless it is to assess your home for the return of your children.