Help With Your CPS Case – The Best Advice We Can Give

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. 

SAMPLE OBJECTIONS TO REMOVAL ORDER

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!

THE PROPER WAY TO DEAL WITH CHILD PROTECTIVE SERVICES AT YOUR DOOR!!

A Canon A Day for Judges Astray-Day 4

I skipped the weekend because I doubt that Judges would check out donnellyjustice.me on their day off!

Should You Talk to CPS?

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. 

Once again, if CPS wants to talk to you, do not open your door, talk to them through the window or crack open the door and give them a note telling them that you are not aware of any criminal investigations so they have no reasonable cause to be there. Tell them if any criminal charges are filed to let your attorney know immediately and give the CPS workers the name of the most prestigious criminal attorney in your area.  When they leave, go ahead and give that guy (or woman) a call and see if they give free consultations over the phone. Most attorneys do. Just tell them that CPS came to your door and you told them that you don’t speak to social workers and if any criminal charges are filed that you told CPS to contact him (attorney). Most likely, if you have not abused your child, they will send you a letter in about a week or so letting you know that they closed their investigation. Hopefully, you have those Non-Authorizations at the school and have educated your children to not speak to social workers, or the school nurse, teacher, counselor, or even the principal IF THEY are asking questions about home OR YOU or anything that could be misrepresented against your

 

 

family. 

There are times when 

 

CPS appears to be reasonable and normal. However, do not be fooled, this is their way of keeping up the illusion that they are “public servants”. Some people they encounter must still believe that they do good. Another trick they use is the one where a home is clearly a hazard yet they leave the children there. You’ve seen plenty of those cases, CPS is constantly being sued for “failing to act” despite receiving numerous prior referrals, and a child dies because they didn’t remove them. THIS is so they can claim that they are still “needed in the community because so many children are dying at the hands of parents!”  Someone I know has known a social worker for a long time who was aware of an incident where that worker was told to place 3 children back into a home known for manufacturing methamphetamine. The worker was distraught about doing this but she felt that she had to even though the Department knew something was going to happen to those children. She returned the children on Friday and they were all dead by Monday morning. That case received a lot of attention and the Department was able to use it to get more funding. Coincidence? Me thinks not. These are very wicked people pretending to be saviors. 

And I’M THE BAD GUY. SAY GOODNIGHT TO THE BAD GUY.