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!
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.
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:
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.
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.