This is a precedent. Hope to see more!
No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused. Even if the social worker doesn’t admit that s/he is at your home to take your children, often times that IS EXACTLY why they are there. It is our experience, over 20+ years, that the majority of CPS social workers develop a cynical view of life and assume that you are UTTERLY GUILTY until YOU PROVE that you are not: the opposite of the way the “justice system” is supposed to operate.
Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with you. Be wary! Do not settle for the vague and general charges called “neglect” or “abuse.” Neglect and abuse are broad categories – not the legally-required “details” of the accusations or charges! You are entitled to know the “details & specifics” of what you are accused of committing.
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! In fact, open your mouth and tell the CPS investigator just enough to “make their case” and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away.
Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Frankly, you are presumed guilty by the majority of CPS and DCFS agents. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission. That mission is most often to find evidence to support what the social worker already believes to be true – that you abused your child just as the neighbor, relative or anonymous tipster claimed.
If you don’t talk to them –just as you are always told to never voluntarily talk with the police if they are accusing you of a crime– you take their power away. They will not be able to use your own admissions, statements, and your very words against you. For example” “Have you ever spanked your toddler?” Do you really think there is a good answer to that question? The majority of CPS and DCFS social workers abhor most any form of parental punishment.
An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned and experienced lawyers when first stepping foot into a Juvenile Dependency courtroom are totally dumb struct as if they stepped into It’s a Small World at Disneyland. Most lawyers –even experienced Family Law attorneys– who are not experienced with CPS/DCFS mistakenly think that it is their job (as it would be in any other court setting) to find out what CPS or DCFS wants and then communicate all the details to their clients. Shockingly, doing exactly that often leads to total disaster and the loss of your children.
Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official with a county badge; exuding the authority of the government; is well-prepared, PRIMED and READY to level accusations of child abuse or neglect against you: most people would be SHOCKED! If you’re human you’d also be scared too. As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizens. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.
What could your reaction possibly be to a surprise home-visit from a government agent? No one appreciates surprise visits by any one! Perhaps the dishes are unwashed; maybe you haven’t cleaned house for a day or two; say that there are a collection of beer bottles on the coffee table from the football game the day before; could be that you’re not dressed in appropriate attire as you would be IF EXPECTING guests… So when you are surprised and ACCUSED TO YOUR FACE of child neglect or child abuse it might be natural that you are shocked, defensive, upset, angry and a little hostile. As Homer Simpson would say: “Do’ah!”
Guess what? An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.
If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing entry will work against you or will ensure that your children are taken away from you HOLD YOUR GROUND. Politely ask to see their warrant or court order to come into your home. It the CPS social worker or investigator claims to have a warrant, insist on seeing it: in fact they owe you a copy! Why? Would a Social worker lie? YES. Police and government agents often suggest they have a warrant or outright lie and claim to have a warrant when they do not. It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally. If the agent says it is an EMERGENCY call their bluff. Insist that they explain how it is an emergency and what constitutes an emergency. Typically, in so-called “emergency situations,” the police and the CPS social workers come together and even then it is not necessarily an emergency but a working relationship that some CPS agents have with associates on the police force.
Do not even open the door to allow the CPS agent look into your home to see your children: they can see something that creates an “emergency situation” even if it is not true.
Be FIRM. You should not waiver nor give in to thinking: “What’s the harm?” There is no compromise here: no exception. If you invite a County CPS investigator or a Los Angeles DCFS social worker into your home, you have just waived your Federally-protected fourth amendment constitutional protection. Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.
This happens every day all over America and even more often in Southern California where CPS and DCFS agents are the most ruthless social workers anywhere. The bar for removal is “whatever it needs to be” as far as the social worker is concerned. A legal prescription in your bathroom cabinet, a beer bottle on the coffee table, a kitchen knife not in the drawer, a broken window, a back door without a deadbolt, a missing smoke detector, a swimming pool without its own secondary safety fence: whatever might be necessary to fill out the paperwork to justify removal. If this particular social worker set out to take your child, allowing them innocently into your house will ensure that your child is taken from you. You now have a year or a lifetime of HELL before you.
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.
Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any concern or suspicion of child abuse or neglect. Obviously go to a doctor whom you trust. If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS. What you may not know is that these doctors are a regular part of the CPS system and they are commonly called as expert-testimony witnesses by CPS as a witness against the parents. They are paid handsomely for their testimony.
If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is always better that your children are taken in by relatives or friends. Are you aware that children placed in foster care are sometimes abused or mistreated by people working the foster care system for a “pay check?” There is the flip side to that where some truly loving foster parents sometimes become smitten with your kids and start their own campaign with the court and petition for adoption! Having your kids in foster care is simply adding one more level of stress and complexity to your plate.
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.
Even if you privately agree that maybe you drink too often or too much that does not mean that you have to incriminate yourself in this investigation. Bite your tongue. Admit NOTHING! Even if you recognize that you have a problem that needs to be addressed this is not your DOCTOR; this is not your PRIEST; this is not your LAWYER. Wrong person! Wrong time! This person is not here to HEP YOU. This person is here to collect evidence to support the accusations made against you and to TAKE YOUR KIDS. Period.
Do not admit guilt. Instead, work with your doctor, pastor or even your private CPS defense attorney to find the professional help you might need need (and professional help that the courts will recognize – no sense paying twice because a treatment program is not court-approved). By NOT ADMITTING GUILT, you can then honestly work on any issues you have and work with the court to keep your kids under your roof or to get your kids returned to you when appropriate.
By mistakenly thinking that admitting guilt to a social worker is justified is often a fast trip to jail – removing many of the options that you need right now to get your life in order. In any potentially-criminal situation NEVER voluntarily do anything until you contact an attorney: preferably a compassionate and understanding attorney who works with parents, kids and the Juvenile Dependency Courts on a daily basis. They will offer you frank advice that will be better than unnecessarily sitting locked behind bars. CPS social workers and investigators are not above lying to you to encourage you to confess or admit to something that you might not even be guilty of – just to get you arrested and your kids in their control.
Re-posting or re-blogging this post is prohibited without express permission from its author, Vincent W. Davis. For permission requests, please contact Sharon Joyce-Burns at: selfhelp_donnellyjustice@live.com and I will forward your request. In the meantime, if you would like to share this post kindly use a direct link to this address. .
THIS POSTING MAY NOT BE COPIED OR REBLOGGED WITHOUT EXPRESS PERMISSION FROM ATTORNEY DAVIS, PLEASE CONTACT SHARON JOYCE-BURNS AT: selfhelp_donnellyjustice@live.com and I will ask Attorney Davis if you can repost or reblog. For now, just use the link to this post if you want to put it on your site. THANK YOU FOR YOUR KIND COOPERATION AND COURTESIES IN THIS MATTER.
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!
Watch this video and understand what is going on in America and Great Britten. This is a long video but full of information on what to do. This is just as relevant in other countries as well as the United States. Lets make this movement so big that the government understands we will defend our children to our death. To leave our child alone. We will not take this any longer.
It is time people stop believing and calling Child Protective Services. It is a fact that children are abused far more often in CPS care. If you call CPS on a family the chance these children will be abused goes up by 80% Watch this video and see where your tax dollars are going.
Sincerely,
Sharon Joyce-Burns
https://drive.google.com/file/d/0B_PlDs4d_B_lbjN1NjR6OGZsamM/edit?usp=sharing
http://www.courts.ca.gov/documents/jv222.pdf
http://www.courts.ca.gov/documents/jv219info.pdf
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.
California Dependency Court Detention Hearing Audit Packet
Thank you to the donnellyjustice reader who advised that the link to this document was broken. I made it so people with the link can VIEW not EDIT so if you can’t download or print it please let us know.
What WONDERFUL People Social Workers Are! I sure do trust all of them to be PROTECTING CHIILDREN!!! NOT!!This makes me sick to my stomach. Watch this and ask yourself, “Do you still think social services cares about the CHILDREN”S SAFETY AND HEALTHY ENVIRONMENT?”
Everyone in the united states needs to watch this video if you have family.
CPS takes children on purpose and by ignorance.
I HAVE BEEN WAITING FOR THIS DAY FOR A VERY LONG TIME. NOW CPS IS GOING TO START COVERING UP ALL THE EVIDENCE AGAINST THEM. ANYONE WITH STRONG EVIDENCE LIKE I HAVE BETTER HIDE IT AND MAKE MANY COPIES. I HAVE ALREADY SENT COPIES OF ALL MY EVIDENCE TO TIM DONNELLY.
DIANNE FEINSTEIN SHOULD BE ASHAMED OF HERSELF PARENTS HAVE BEEN ASKING HER TO DO THIS FOR YEARS AND ALL SHE KEEPS SAYING IS SHE SUPPORTS CPS. I HAVE WRITTEN HER MANY TIMES AND THE SAME ANSWER, WE MUST GET RID OF THESE REPRESENTATIVES WHO DO NOTHING WHEN FAMILIES GET HURT FINALLY AUDIT HEARING GETS APPROVED UNANIMOUSLY
FOR THOSE WHO WANT TO KNOW THE TRUTH: THE UNITED NATIONS FUNDING CPS TO TARGET ALL AMERICAN FAMILIES.
PLEASE DO NOT THINK IT’S A “CONSPIRACY THEORY”. KEEP AN OPEN MIND, TAKE WHAT I AM TELLING YOU TO HEART.
THE EVIDENCE IS THERE, YOU SHOULD BE VERY INTERESTED IN LOOKING SINCE YOU ARE AN AMERICAN AND MOST LIKELY YOU HAVE A FAMILY.
CHILDREN ARE BEING TARGETED BY CPS. LISTEN TO THE ENTIRE MESSAGE PLEASE. WE CAN NOT ALLOW THIS TO CONTINUE. DO NOT BELIEVE THAT ANYONE IN THE COURTROOM WILL HELP YOU IN FACT THEY ARE REALLY AGAINST YOU, EVEN YOUR ATTORNEY. THE JUDGE HAS NO FINANCIAL INTEREST IN YOUR RIGHTS, ALL HE CARES ABOUT IS COUNTY COUNSEL AND WHETHER OR NOT THE PARENT CALLS THE FBI OR NOT. ACT DON’T REACT. PLEASE!
A REAL JUDGE UPHOLDS THE LAW. A REAL JUDGE ENSURES THE PARTIES’ RIGHTS. A REAL JUDGE CARES ABOUT TRUTH, HONESTY, AND CORRECT APPLICATION OF THE LAWS. JUVENILE DEPENDENCY JUDGES, AT LEAST THE ONES I HAVE SEEN LIKE J.M. MONTEROSSO, HAVE BEEN BOUGHT BY CPS. WHEN EVERYONE FINALLY GETS IT, ABOUT WHAT THEY ARE DOING, THESE JUDGES WILL GO DOWN IN HISTORY AS MONSTERS. THE CHILDREN THAT HE ALLOWS CPS TO TAKE THROUGH PERJURY AND FALSIFIED EVIDENCE, ARE 6 TIMES MORE LIKELY TO DIE IN CPS CARE THAN IF THEY WERE LEFT AT HOME. THESE JUDGES KNOW IT. I HAVEN’T SEEN A HINT OF ETHICS OR GOOD CONSCIOUS SINCE HE HAS BEEN ON THE BENCH. TO ALLOW A CHILD TO BE TAKEN INTO AN ENVIRONMENT IN WHICH THEY WILL BE HURT IS OUTRAGEOUS.
REMEMBER, IF CPS OR THE POLICE ARE KNOCKING ON YOUR DOOR, THEY DO NOT HAVE A WARRANT SO THEY HAVE NO REASONABLE CAUSE. DO NOT LET THEM IN. SINCE THEIR BUDGETS HAVE BEEN SEVERELY CUT, THEY ARE RELYING ON FOSTER CARE AND ADOPTION INCENTIVE GRANTS. THIS MEANS THAT THEIR ONE AND ONLY GOAL IS TO ADOPT OUT YOUR CHILD, TO STRANGERS ($$$), SO YOU MAY NEVER SEE YOUR CHILD AGAIN IF YOU OPEN UP THAT DOOR.
This is said to get the children over being home sick. It doesn’t work, it just breaks their hearts. (Fact) A social worker in Temecula Ca. Brags about splitting up children and has done this publicly , just a few weeks ago she covered up a child’s bruises with makeup that the child got in foster care. When the mother attempted to take pictures the worker ended the visit and yanked the mom out of the room in front of the child. We are working on providing this evidence to the grand jury as it is all on film. The evidence of the bragging is so extraordinary it made me absolutely sick to my stomach that there are people like this saying they protect kids.
These judges are so out of touch with reality, they are taking people who trust in him to look out for their rights and with the using of that trust he takes the single most important gift they will ever have in their life time. The investment a parent makes into their child is one of constant effort and thought to raise that little person to become a quality adult. This judge not only steals the child from the parents but steals any chance that child has for a decent life. These judges when they get held accountable for their actions I want to be on the board. There is no excuse to ever hurt a child ever, but these judges actually believe they are more deserving than others or they would be just but that would take some thought for his fellow man and the damage this judge does is permanent and last the rest of every persons life who appears before him. The children I have raised have done well and I tried to raise them well. My son Donnelly better be raise with the same love and kindness that I have raised my other children with. I will hold everyone accountable for that. Donnelly deserves just as much as all his siblings and the same opportunities..
Published on Jul 28, 2012
Vintage Judge Judith Sheindlin as a Family Court Judge
Something about Judge Judy has always reminded me of my own mother. After watching the personal interviews now she’s EXACTLY like my Mom (the NY accent and all). Although she didn’t allow OBJECTIONS from the attorneys due to the caseload, at least she is REAL. I bet she would have noticed a piece of paper with NO NAME, NO ID, NO SPECIMEN NUMBER, NO LABORATORY NAME, NO COLLECTION SITE, NO CHAIN OF CUSTODY FORM, NO CERTIFYING SCIENTIST which claimed to be a valid hair follicle test document!
Vintage 1993 video footage of Judge Judith
Sheindlin as she sets in as a Family Court Judge in the Bronx in New York City. Watch and see how Judith Sheindlin handles the Children’s Aid, Lawyer, Caseworkers and Foster Homes in her court room.
Aired on 60 Minutes back in 1993 before she became Judge Judy TV Start
NO. NO. NO. NO. NO. NO. Did everyone get that? NO!!! DO NOT SPEAK TO CPS IF YOU DO NOT ALREADY HAVE A “CASE”. THEY HAVE NO POWER UNTIL YOU GIVE IT TO THEM. Even if you think you have done nothing wrong and speak to them to “clear up any misunderstandings” THAT WILL BE THE MISTAKE and you WILL BE PUTTING YOUR CHILDREN AT RISK OF IMMINENT HARM. You DO NOT HAVE TO SPEAK TO THEM, BY LAW. Exercise your 4th Amendment RIGHT, CPS is not out to respect it, in fact, they laugh when you are intimidated and think that you HAVE to speak to them or let them in your home. You don’t have to be rude, in fact, kill them with kindness. Tell them how sweet they are for caring so much about your child but that neither you nor your child need their services and to have a nice day. Tell your children to NEVER EVER speak to a CPS worker at school. Make sure that you draft a NON-AUTHORIZATION prohibiting CPS from being able to speak to your child at school. GEt it NOTARIZED and give copies to the school, one to the office clerk, one to your child’s counselor and one to the Principal. Make them sign a Receipt of Non-Authorization so you have proof that they know about it.
AFR
http://familyrights.us/info/law/
FROM ABOVE REFERENCE: Violations of Federal and State Statutes, violations of the California Rules of Civil Procedure, Cal. Rules of Juvenile Court, Superior Court of California, County of Riverside Local Rules, violations of the statutes and regulations required by CAPTA, AFSA, Youkim, SAPT Block Grant, Child Welfare Services Grant (Title IV-B, Subpart 1), PSSF Grant (Title IV-B, Subpart2), Title IV-E, and the SSBG Block Grant.
Blatant disregard for the fundamental rights, privileges and constitutional rights of parents and children. Don’t wait until your children or your friend’s children to be kidnapped by the state, educate yourself and make them do it right!