According to this NO! But almost all county social service “child protection” agencies across the country and abroad DO REMOVE CHILDREN BASED ON ONE TEST ALONE. Is it LEGAL? The answer is NO IT IS NOT “LEGAL”. Nowhere in the California Welfare & Institutions Codes does it state that they have authority to take possession of a child based on ONE drug test. Often, CPS will remove your child simply for declining to cooperate, if it comes back “diluted” which only means that there was not enough creatiine in your urine so the test was aborted. So, if a person drinks the recommended 8-10 eight ounce glasses of water a day and goes to test before they have eaten and/or digested any portion of food then most likely the test will be considered a “dilute”. That will prompt CPS to suggest and ultimately state as a fact, that you used and purposely drank an exessive amount of water to “fool” the test. What a bunch of bullcrap that is, especially when you do not know these things before hand! I know, I experienced it.
A MOUTH SWAB TEST SHOULD NEVER BE USED TO REMOVE YOUR CHILD BECAUSE THESE TESTS ARE INITIAL TESTS AND THEIR PURPOSE IS TO SAVE MONEY ON LABORATORY TESTS AS THEY CAN QUICKLY SHOW THAT THE SUBJECT DOES NOT HAVE ANY DRUGS DETECTABLE IN THEIR SYSTEM. This includes any “on-the-spot” or “on location” tests such as a “dip stick”. A positive test is NEVER positive until confirmed by a scientifically calibrated testing machine in a certified laboratory. BUT DOES ANYONE IN CHILD PROTECTION OR THE JUVENILE DEPENDENCY COURT EVER ACKNOWLEDGE THESE BASIC DRUG TESTING PRINCIPLES AND REGULATIONS? NO THEY DO NOT. Want to know WHY? Because the “lawyers” for the parents and children DO NOT OBJECT, DO NOT CHALLENGE AND DO NOT CARE about children and families.
TO THE DEFENSE PANEL LAME-O ATTORNEYS: STAND UP FOR WHAT KNOW IS RIGHT, NOT WHAT YOUR HAVE “BOUGHT-IN” TO! DO YOU KNOW WHAT YOU REALLY ARE, NOT DOING THE RIGHT THING? YOU ARE NOTHING BUT A BUNCH OF LAZY SOCIOPATHIC SADISTIC SORCERERS SEIZING YOUNGSTERS FOR SELFISH SECURITY
Often social workers will use mouth swab preliminary drug test kits and they are told to use them as evidence to remove children. They KNOW that they can and will get away with it because they KNOW the parent’s lawyers will NOT object to their use nor will they challenge ANY DRUG TEST WHATSOEVER.
In our second case, I declined to participate in their drug testing as they faked the results more often than not. Twice they tried to “prove” to me that they do not fake tests and came up with two negative hair follicle tests but it is so obvious how they cut-and-pasted the real test document onto their THIRD PARTY COHORT (CDT iNC.) LETTERHEAD like they do for the fake ones. Near the end of our first CPS case, I did not even show up at the collection site to give a hair sample and they still came up with a positive hair follicle test! You can tell how fake this test is by the fact that it does not claim to be positive for amphetamines. It is IMPOSSIBLE for hair to be positive for only methamphetamines because when you consume methamphetamines, it quickly converts to amphetamine metabolites as that is the main ingredient of methamphetamines. Can’t make meth without ephedrine which is what? An amphetamine! Many clinical and case studies have been conducted on this issue and the research documentation available online. If the “lawyers” were actually on your side, they would contest, object and motion to dismiss based on the falsification of documents that CPS social workers commonly submit to the COURT. That, in and of itself, is a FELONY in California!
Both offering and preparing false evidence are obstruction of justice crimes in California. Penal Code 132 PC makes it a felony to knowingly present false written evidence in pretty much any kind of legal proceeding.1 Similarly, Penal Code 134 PC makes it a crime to prepare any false evidence with the intent to use it in a legal proceeding (even if, for whatever reason, the false evidence never actually gets presented in court).2
Offering or preparing false evidence under Penal Code 132 PC or Penal Code 134 PC is a California felony.4 This means that it is possible to be sentenced to as much as three (3) years in California state prison if you are convicted.5
California Penal Code Section 115 PC: Filing A False Document
The statute requires a prosecutor to prove the following elements:
A defendant provided a document for filing, recording or registration with any public office in California
The defendant knew that the document was false or a forgery when he or she filed it AND
The document was one that, if genuine, could be legally filed.
The term “document” has been interpreted broadly by courts and prosecutors. The statute is most frequently used to prosecute the filing of false property deeds in connection with real estate fraud schemes. However, Filing a False Document charges can involve almost any document that can be legally filed in a public office, including bail bonds, probation work referrals, and even fishing records.
Looking to make some quick money, a man forges a copy of a property transfer deed indicating that he purchased a home from his mother and he is now the lawful owner. The man files this forged property deed with the county recorder’s office and then takes out substantial loans against the property. Not only is the man guilty of mortgage fraud, he would also be criminally liable for Filing a False or Forged Document and could be prosecuted for both offenses.
3. Related Offenses
Filing a False Document under Penal Code Section 115 PC is usually associated with other Theft Crimes andWhite Collar Crimes such as Real Estate Fraud and Mortgage Fraud. In fact, prosecutors may prefer to file charges under Penal Code 115 PC because it is a felony level offense that is easier to prove than some of the more complex fraud charges.
Related charges also include:
Forgery – California Penal Code Section 470 PC
Perjury – California Penal Code Section 118 PC
Grand Theft – California Penal Code Section 487 PC
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!