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	<title>Comments on: Make Your Court-Appointed Attorney Work For YOU</title>
	<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/</link>
	<description>Family Rights v. Child Welfare</description>
	<pubDate>Thu, 03 Jul 2008 23:09:31 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.1.2</generator>

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		<title>By: Janet Ramsey</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6099</link>
		<author>Janet Ramsey</author>
		<pubDate>Tue, 21 Aug 2007 12:47:40 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6099</guid>
					<description>Questions for Newcomers 

. 

Here is a link on effective documentation: 

http://www.childwelfare.gov/pubs/usermanuals/cps/cpsl.cfm 


Here is an outline for Legal and Judicial issues: 

http://www.childwelfare.gov/pubs/usermanuals/courts/appende.cfm 

.</description>
		<content:encoded><![CDATA[<p>Questions for Newcomers </p>
<p>. </p>
<p>Here is a link on effective documentation: </p>
<p><a href="http://www.childwelfare.gov/pubs/usermanuals/cps/cpsl.cfm">http://www.childwelfare.gov/pubs/usermanuals/cps/cpsl.cfm</a> </p>
<p>Here is an outline for Legal and Judicial issues: </p>
<p><a href="http://www.childwelfare.gov/pubs/usermanuals/courts/appende.cfm">http://www.childwelfare.gov/pubs/usermanuals/courts/appende.cfm</a> </p>
<p>.</p>
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		<title>By: K.</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6111</link>
		<author>K.</author>
		<pubDate>Tue, 21 Aug 2007 18:23:33 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6111</guid>
					<description>In 2005, The ABA drafted a set of ethical guidelines for Parent Attorneys. 

Like all "guidelines", they are suggested, but not often followed. But, it is worth mentioning that the American Bar Association at least acknowledges some of our complaints, and acted accordingly. I happen to know one of the attorneys who helped draft this.

Go to http://www.abanet.org/ and look for Parent Attorney in Cases of Abuse and Neglect.

It runs to 44 pages, but you can print out the highlights and give/e-mail them to your attorney. Hard to come back against something like that.

I have seen letters which include the instruction that the attorney is NOT to talk with CPS without the parent being reuqested to be present. 

I have also seen a demand that if the attorney at any time fails to believe the parent is innocent, the attorney should notify the parent and leave time for a motion to dismiss the attorney.

One more thing. I have seen in a parent's letter that all case workers or GAL who will testify during the hearing be asked to do so under oath.</description>
		<content:encoded><![CDATA[<p>In 2005, The ABA drafted a set of ethical guidelines for Parent Attorneys. </p>
<p>Like all &#8220;guidelines&#8221;, they are suggested, but not often followed. But, it is worth mentioning that the American Bar Association at least acknowledges some of our complaints, and acted accordingly. I happen to know one of the attorneys who helped draft this.</p>
<p>Go to <a href="http://www.abanet.org/">http://www.abanet.org/</a> and look for Parent Attorney in Cases of Abuse and Neglect.</p>
<p>It runs to 44 pages, but you can print out the highlights and give/e-mail them to your attorney. Hard to come back against something like that.</p>
<p>I have seen letters which include the instruction that the attorney is NOT to talk with CPS without the parent being reuqested to be present. </p>
<p>I have also seen a demand that if the attorney at any time fails to believe the parent is innocent, the attorney should notify the parent and leave time for a motion to dismiss the attorney.</p>
<p>One more thing. I have seen in a parent&#8217;s letter that all case workers or GAL who will testify during the hearing be asked to do so under oath.</p>
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		<title>By: fern</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6118</link>
		<author>fern</author>
		<pubDate>Tue, 21 Aug 2007 21:45:48 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6118</guid>
					<description>Thank you Janet and K.

Excellent suggestions.

One phrase that might be needed in our own PARENT GLOSSARY should be

LEAST RESTRICTIVE ENVIRONMENT: Copied from Special Education Federal legislation, this terminology refers to the fact that a child is supposed to placed with family.

Naturally, a known member is far less intimidating to a child.

Linda, may I suggest that we make up a list of our own phrases which should be adhered to by cw.

For example: DELIBERATE INDIFFERENCE---which was cited in Bramm holding where foster children were subjected ( willy-nilly) to random moves.  LItigation was successful based solely on the facts that one little girl was moved 14x in FC.  Also, that cw's routinely and with DELIBERATE INDIFFERENCE MOVED KIDS.

We also need a link to cases which we have annotated with our own understandings of the legal thinking involved.

Thanks!  Great thread!!

I hope folks read the atty recommendations cited.

Best to all.  F.</description>
		<content:encoded><![CDATA[<p>Thank you Janet and K.</p>
<p>Excellent suggestions.</p>
<p>One phrase that might be needed in our own PARENT GLOSSARY should be</p>
<p>LEAST RESTRICTIVE ENVIRONMENT: Copied from Special Education Federal legislation, this terminology refers to the fact that a child is supposed to placed with family.</p>
<p>Naturally, a known member is far less intimidating to a child.</p>
<p>Linda, may I suggest that we make up a list of our own phrases which should be adhered to by cw.</p>
<p>For example: DELIBERATE INDIFFERENCE&#8212;which was cited in Bramm holding where foster children were subjected ( willy-nilly) to random moves.  LItigation was successful based solely on the facts that one little girl was moved 14x in FC.  Also, that cw&#8217;s routinely and with DELIBERATE INDIFFERENCE MOVED KIDS.</p>
<p>We also need a link to cases which we have annotated with our own understandings of the legal thinking involved.</p>
<p>Thanks!  Great thread!!</p>
<p>I hope folks read the atty recommendations cited.</p>
<p>Best to all.  F.</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6124</link>
		<author>Linda</author>
		<pubDate>Wed, 22 Aug 2007 00:20:13 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6124</guid>
					<description>Here's the direct link to the document K told us about:
http://www.abanet.org/child/clp/ParentStds.pdf

Very helpful!!! Thanks K... I'm sure that when followed, these guidelines from the ABA will help families prevail in court more often. I didn't know about this document and am thrilled to see that the ABA has responded to the needs of parents in this way.</description>
		<content:encoded><![CDATA[<p>Here&#8217;s the direct link to the document K told us about:<br />
<a href="http://www.abanet.org/child/clp/ParentStds.pdf">http://www.abanet.org/child/clp/ParentStds.pdf</a></p>
<p>Very helpful!!! Thanks K&#8230; I&#8217;m sure that when followed, these guidelines from the ABA will help families prevail in court more often. I didn&#8217;t know about this document and am thrilled to see that the ABA has responded to the needs of parents in this way.</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6127</link>
		<author>Linda</author>
		<pubDate>Wed, 22 Aug 2007 00:37:15 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6127</guid>
					<description>Janet - great links!! I especially like the one that explains everything that should be in a CPS case file. It will help people itemize what they need, and understand the contents.

And Fern (my old friend - we've been fighting CPS together for a long time now) ... you brought up an important issue with the 'least restrictive environment' for the children. That's something people can ask their attorneys to address in court, in their letters.

I'm so impressed with the responses to this thread. I'm sure these ideas will really help people who are working through CPS cases.</description>
		<content:encoded><![CDATA[<p>Janet - great links!! I especially like the one that explains everything that should be in a CPS case file. It will help people itemize what they need, and understand the contents.</p>
<p>And Fern (my old friend - we&#8217;ve been fighting CPS together for a long time now) &#8230; you brought up an important issue with the &#8216;least restrictive environment&#8217; for the children. That&#8217;s something people can ask their attorneys to address in court, in their letters.</p>
<p>I&#8217;m so impressed with the responses to this thread. I&#8217;m sure these ideas will really help people who are working through CPS cases.</p>
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		<title>By: Ruth</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6128</link>
		<author>Ruth</author>
		<pubDate>Wed, 22 Aug 2007 00:50:48 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6128</guid>
					<description>It was from this site that we learned about doing Declaration of Facts and Omissions and Corrections forms.

Our attorney kept ignoring this issue when we brought it up. This is an important issue to be made clear to the attorney. You have this right and s/he should see to it that you file this vital information.

Fortunately we found out that if you are going to be a witness then you can file this. My husband was going to be a witness in our daughter and granddaughter's hearing. Therefore, we boldly went and filed our forms much to the dismay of the attorney.

Our daughter, with the help of our lawyers para legal, filed her forms.

This is crucial in the beginning of your battle with the courts and cps.

The para legal informed us that cps gets to give their side first which we all know takes months and months before you can present your side. By then it is too late; the judge has made up his/her mind.

These forms let you present your side during the whole process from beginning to end. 

The other reason you need to do this is so that everything is filed in case you want to sue. You cannot bring up any facts if they are not already filed.

We all know not everything gets said in court due to time constraints.</description>
		<content:encoded><![CDATA[<p>It was from this site that we learned about doing Declaration of Facts and Omissions and Corrections forms.</p>
<p>Our attorney kept ignoring this issue when we brought it up. This is an important issue to be made clear to the attorney. You have this right and s/he should see to it that you file this vital information.</p>
<p>Fortunately we found out that if you are going to be a witness then you can file this. My husband was going to be a witness in our daughter and granddaughter&#8217;s hearing. Therefore, we boldly went and filed our forms much to the dismay of the attorney.</p>
<p>Our daughter, with the help of our lawyers para legal, filed her forms.</p>
<p>This is crucial in the beginning of your battle with the courts and cps.</p>
<p>The para legal informed us that cps gets to give their side first which we all know takes months and months before you can present your side. By then it is too late; the judge has made up his/her mind.</p>
<p>These forms let you present your side during the whole process from beginning to end. </p>
<p>The other reason you need to do this is so that everything is filed in case you want to sue. You cannot bring up any facts if they are not already filed.</p>
<p>We all know not everything gets said in court due to time constraints.</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6129</link>
		<author>Linda</author>
		<pubDate>Wed, 22 Aug 2007 01:03:31 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6129</guid>
					<description>Thanks Ruth... I'm glad to hear that the documents here helped your family win that case!! I learned about the Omissions and Corrections form while I was protesting CPS at the Tulare County Courthouse (CA) in 1991. An attorney stopped to talk to me and said he'd filed this for his client. Later the client came to us with all her information and we did a three or four part series on her case in the local weekly newspaper. So you can thank that attorney, I think his name was Stevenson, for this idea.

Anyhow.. that's a great idea, to include in the letter that these forms must be filed.

Think about it everyone (if you haven't already) . . . since the standard of proof in a CPS case is "preponderance of the evidence" . . . if the only "evidence" is a caseworker's report, and the CPS client files nothing, who is more likely to win in court? That's what has happened in a lot of these cases! So to win, you must compile evidence and write legal documents.</description>
		<content:encoded><![CDATA[<p>Thanks Ruth&#8230; I&#8217;m glad to hear that the documents here helped your family win that case!! I learned about the Omissions and Corrections form while I was protesting CPS at the Tulare County Courthouse (CA) in 1991. An attorney stopped to talk to me and said he&#8217;d filed this for his client. Later the client came to us with all her information and we did a three or four part series on her case in the local weekly newspaper. So you can thank that attorney, I think his name was Stevenson, for this idea.</p>
<p>Anyhow.. that&#8217;s a great idea, to include in the letter that these forms must be filed.</p>
<p>Think about it everyone (if you haven&#8217;t already) . . . since the standard of proof in a CPS case is &#8220;preponderance of the evidence&#8221; . . . if the only &#8220;evidence&#8221; is a caseworker&#8217;s report, and the CPS client files nothing, who is more likely to win in court? That&#8217;s what has happened in a lot of these cases! So to win, you must compile evidence and write legal documents.</p>
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		<title>By: Eugene Weixel</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6288</link>
		<author>Eugene Weixel</author>
		<pubDate>Fri, 24 Aug 2007 03:12:20 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6288</guid>
					<description>Thank you for this excellent article. I intend to reproduce it on the website "ACS Must Be Stopped."</description>
		<content:encoded><![CDATA[<p>Thank you for this excellent article. I intend to reproduce it on the website &#8220;ACS Must Be Stopped.&#8221;</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6296</link>
		<author>Linda</author>
		<pubDate>Fri, 24 Aug 2007 04:07:28 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6296</guid>
					<description>Eugene, thank you, and that will be fine. Please include a link back to this page. Also thanks for all the work you're doing to protest ACS failings on your website: &lt;a href="http://acsmustbestopped.blogspot.com/" rel="nofollow"&gt;ACS Must Be Stopped&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>Eugene, thank you, and that will be fine. Please include a link back to this page. Also thanks for all the work you&#8217;re doing to protest ACS failings on your website: <a href="http://acsmustbestopped.blogspot.com/">ACS Must Be Stopped</a>.</p>
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		<title>By: K.</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6298</link>
		<author>K.</author>
		<pubDate>Fri, 24 Aug 2007 04:57:42 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6298</guid>
					<description>Eugene:

Jst to say hi and keep the heat on them up there in NYC. An insider's views such as yours must be seen as treason, but you have my abject respect for the work you are doing.</description>
		<content:encoded><![CDATA[<p>Eugene:</p>
<p>Jst to say hi and keep the heat on them up there in NYC. An insider&#8217;s views such as yours must be seen as treason, but you have my abject respect for the work you are doing.</p>
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		<title>By: alma</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6346</link>
		<author>alma</author>
		<pubDate>Fri, 24 Aug 2007 22:30:41 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6346</guid>
					<description>i need    help whit my cps case</description>
		<content:encoded><![CDATA[<p>i need    help whit my cps case</p>
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		<title>By: K.</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6361</link>
		<author>K.</author>
		<pubDate>Sat, 25 Aug 2007 03:20:38 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6361</guid>
					<description>Alma:

My suggestion is that you join the message forum.</description>
		<content:encoded><![CDATA[<p>Alma:</p>
<p>My suggestion is that you join the message forum.</p>
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		<title>By: kwanie</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6469</link>
		<author>kwanie</author>
		<pubDate>Sun, 26 Aug 2007 15:44:39 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6469</guid>
					<description>this is very well prepared. i wish i would of found this first. thank you so much.</description>
		<content:encoded><![CDATA[<p>this is very well prepared. i wish i would of found this first. thank you so much.</p>
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		<title>By: melony</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6558</link>
		<author>melony</author>
		<pubDate>Mon, 27 Aug 2007 21:20:08 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6558</guid>
					<description>hi like every thing but the part about spinding the tax payers money come on thats one ov the things thay live off ov do you really think thay think about what one person pays an it all adds up to a pay check to thim an taxes comes out ov every one evin thim so all thay are doing is geting there money back if you add it up in taxes so forget about the taxes thay pay i pay every one pays but it does not go to good it goes to those fat asses coplaning there stake is not maid right an thay pay taxes on that meal what dont bring taxes in on an age old debate we all pay we all lose</description>
		<content:encoded><![CDATA[<p>hi like every thing but the part about spinding the tax payers money come on thats one ov the things thay live off ov do you really think thay think about what one person pays an it all adds up to a pay check to thim an taxes comes out ov every one evin thim so all thay are doing is geting there money back if you add it up in taxes so forget about the taxes thay pay i pay every one pays but it does not go to good it goes to those fat asses coplaning there stake is not maid right an thay pay taxes on that meal what dont bring taxes in on an age old debate we all pay we all lose</p>
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		<title>By: melony</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6559</link>
		<author>melony</author>
		<pubDate>Mon, 27 Aug 2007 21:33:23 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-6559</guid>
					<description>oh wait did not alot ov tax money go to help a naboring state in hericane catrina so how could taxes help a native of this state whin there over bugeting us to help some one else so where does eny money go that we pay an why cant we have a say we do pay thats the law kindness is filled with doller bills ov tax payers an right now im not filling to kind i want to say why me but realy why eny body</description>
		<content:encoded><![CDATA[<p>oh wait did not alot ov tax money go to help a naboring state in hericane catrina so how could taxes help a native of this state whin there over bugeting us to help some one else so where does eny money go that we pay an why cant we have a say we do pay thats the law kindness is filled with doller bills ov tax payers an right now im not filling to kind i want to say why me but realy why eny body</p>
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		<title>By: jennifer</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-10654</link>
		<author>jennifer</author>
		<pubDate>Sat, 03 Nov 2007 18:20:45 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-10654</guid>
					<description>i am dealing with cps in 2 states, state #1 is the state i am in, were my exboyfriend/ 2 of my 4 kids father and i went to court in 1998 about childcustody (we have joint cusody except i am mc and have a few more rights then him) after we broke up.
state #2 is were my childs father lives and was convicted for beating my child while she was on a visit, my lawyer is in state #2, my court appointed lawyer ask me if i approve t state #2  haveing juris. and i say no and he hangs up, and will not talk to me about anything else! my court appointed Attorney, D.A.'s office, and the judge are all in state #2 and the only thing they will talk to me about is juris. everytime i say no i do not approve! what can i do or can any one help me solve this problem?</description>
		<content:encoded><![CDATA[<p>i am dealing with cps in 2 states, state #1 is the state i am in, were my exboyfriend/ 2 of my 4 kids father and i went to court in 1998 about childcustody (we have joint cusody except i am mc and have a few more rights then him) after we broke up.<br />
state #2 is were my childs father lives and was convicted for beating my child while she was on a visit, my lawyer is in state #2, my court appointed lawyer ask me if i approve t state #2  haveing juris. and i say no and he hangs up, and will not talk to me about anything else! my court appointed Attorney, D.A.&#8217;s office, and the judge are all in state #2 and the only thing they will talk to me about is juris. everytime i say no i do not approve! what can i do or can any one help me solve this problem?</p>
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		<title>By: MICHELLE MCDANIEL</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-16427</link>
		<author>MICHELLE MCDANIEL</author>
		<pubDate>Wed, 02 Jan 2008 01:52:53 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-16427</guid>
					<description>I AM FIGHTING TO GET MY SON BACK,HE IS 5YEARS OLD,I HAVE DONE ANY AND ALL THERE SERVICES THEY ASKED AND STILL THEY  HAVENT RETURNED HIM,I AM A GRADUATE OF DRUG COURT,I VE BEEN CLEAN ALMOST TWO YEARS,I MADE A MISTAKE BY BELIEVIN MY EX. WAS CLEAN AND SOBER,THEY RAIDED MY HOME ,FOUND THINGS THAT I HAD NO KNOWLEDGE WAS THERE,I WENT AND DID THREE DRUG TESTES IN A WEEK TO PROVE THAT I WAS CLEAN AND SOBER,I AM FEARING THE TIME FRAME THEY GIVE YOU TO PROVE IM A GOOD PARENT,THEY DID NOT PUT MY SON INTO OUR PARENTING CLASS WHEN I HAD US ENROLLED.IT WAS 4 MONTHS LATER,WHAT DO I DO?I HAVE COMPLIED WITH EVERY THING AND THEN SOME AND THEY STILL HAVENT GIVEN MY SON BACK...IF I HAD MONEY TO PAY FOR A PRIVATE ATTORNEY I TRULLY BELEIVE IN MY HEART THAT MY SON WOULD BE HOME WITH ME WHERE HE BELONGS. ANY HELP WOULD BE WELCOME AND GRATEFUL THANK YOU  A HEARTBROKEN MOM. MICHELLE MCDANIEL SPOKANE,WASHINGTON</description>
		<content:encoded><![CDATA[<p>I AM FIGHTING TO GET MY SON BACK,HE IS 5YEARS OLD,I HAVE DONE ANY AND ALL THERE SERVICES THEY ASKED AND STILL THEY  HAVENT RETURNED HIM,I AM A GRADUATE OF DRUG COURT,I VE BEEN CLEAN ALMOST TWO YEARS,I MADE A MISTAKE BY BELIEVIN MY EX. WAS CLEAN AND SOBER,THEY RAIDED MY HOME ,FOUND THINGS THAT I HAD NO KNOWLEDGE WAS THERE,I WENT AND DID THREE DRUG TESTES IN A WEEK TO PROVE THAT I WAS CLEAN AND SOBER,I AM FEARING THE TIME FRAME THEY GIVE YOU TO PROVE IM A GOOD PARENT,THEY DID NOT PUT MY SON INTO OUR PARENTING CLASS WHEN I HAD US ENROLLED.IT WAS 4 MONTHS LATER,WHAT DO I DO?I HAVE COMPLIED WITH EVERY THING AND THEN SOME AND THEY STILL HAVENT GIVEN MY SON BACK&#8230;IF I HAD MONEY TO PAY FOR A PRIVATE ATTORNEY I TRULLY BELEIVE IN MY HEART THAT MY SON WOULD BE HOME WITH ME WHERE HE BELONGS. ANY HELP WOULD BE WELCOME AND GRATEFUL THANK YOU  A HEARTBROKEN MOM. MICHELLE MCDANIEL SPOKANE,WASHINGTON</p>
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		<title>By: MH</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-32886</link>
		<author>MH</author>
		<pubDate>Thu, 10 Apr 2008 00:26:24 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-32886</guid>
					<description>Hi...I hate to burst anyone's bubble, but if you think that the above correspondence will do anything other than put your attorney on the defensive, you're mistaken. I represent many parents and children in state custody proceedings. These are complicated matters, to say the least. This proposed letter assumes that your new court-appointed attorney essentially has no other cases of any significance, which is laughable, as I'm sure you would realize. If you insist on representation to this degree, go borrow 25-35k and buy a few months of an attorney's time and lay out your "demands" to him or her. If you buy a $200 car you should expect perfomance relatively commensurate with your investment; if you drop $40K on a car you expect something altogether different. Why do you think the provision of legal services is any different? Are you that naive?</description>
		<content:encoded><![CDATA[<p>Hi&#8230;I hate to burst anyone&#8217;s bubble, but if you think that the above correspondence will do anything other than put your attorney on the defensive, you&#8217;re mistaken. I represent many parents and children in state custody proceedings. These are complicated matters, to say the least. This proposed letter assumes that your new court-appointed attorney essentially has no other cases of any significance, which is laughable, as I&#8217;m sure you would realize. If you insist on representation to this degree, go borrow 25-35k and buy a few months of an attorney&#8217;s time and lay out your &#8220;demands&#8221; to him or her. If you buy a $200 car you should expect perfomance relatively commensurate with your investment; if you drop $40K on a car you expect something altogether different. Why do you think the provision of legal services is any different? Are you that naive?</p>
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		<title>By: MH</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-32888</link>
		<author>MH</author>
		<pubDate>Thu, 10 Apr 2008 00:33:29 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-32888</guid>
					<description>Oh, and one other little ditty: go to trial on the issue of parental unfitness after refusing to comply with a service plan and watch your kids be adopted. This is evidence of unfitenss in many states. Do what you wish, obviously, but don't blame your lawyer when the crap hits the fan. Your an adult, not a child; effective assistance of counsel does not mean that your lawyer is omniscient, particularly when you are your own worst enemy. Grow up, gang.</description>
		<content:encoded><![CDATA[<p>Oh, and one other little ditty: go to trial on the issue of parental unfitness after refusing to comply with a service plan and watch your kids be adopted. This is evidence of unfitenss in many states. Do what you wish, obviously, but don&#8217;t blame your lawyer when the crap hits the fan. Your an adult, not a child; effective assistance of counsel does not mean that your lawyer is omniscient, particularly when you are your own worst enemy. Grow up, gang.</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-33445</link>
		<author>Linda</author>
		<pubDate>Sun, 13 Apr 2008 15:05:35 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-33445</guid>
					<description>MH - everyone has the right to proper (aggressive) representation regardless of how impoverished they may be. The fact that you think they don't have that right shows what kind of attorney you are. The letter is INTENDED to put bad lawyers on the defensive and make them THINK that &lt;i&gt;maybe they could be sued if they don't do the right thing&lt;/i&gt;.

Anyone who has ever been to juvenile court with a do-nothing public defender will know exactly what I mean.</description>
		<content:encoded><![CDATA[<p>MH - everyone has the right to proper (aggressive) representation regardless of how impoverished they may be. The fact that you think they don&#8217;t have that right shows what kind of attorney you are. The letter is INTENDED to put bad lawyers on the defensive and make them THINK that <i>maybe they could be sued if they don&#8217;t do the right thing</i>.</p>
<p>Anyone who has ever been to juvenile court with a do-nothing public defender will know exactly what I mean.</p>
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		<title>By: Linda</title>
		<link>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-33447</link>
		<author>Linda</author>
		<pubDate>Sun, 13 Apr 2008 15:12:55 +0000</pubDate>
		<guid>http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/#comment-33447</guid>
					<description>About "refusing to comply with a service plan" - I do not recommend that parents refuse to comply. What I recommend is that their LAWYERS should bring issues about the plan to the judge's attention and let him know when certain aspects of the service plan are inappropriate, unnecessary, and a waste of taxpayer money. As a LAWYER, that is YOUR DUTY. &lt;i&gt;You are supposed to represent your client&lt;/i&gt;, not the county that's making money hand over fist with social security reimbursements by demanding unnecessary "services".</description>
		<content:encoded><![CDATA[<p>About &#8220;refusing to comply with a service plan&#8221; - I do not recommend that parents refuse to comply. What I recommend is that their LAWYERS should bring issues about the plan to the judge&#8217;s attention and let him know when certain aspects of the service plan are inappropriate, unnecessary, and a waste of taxpayer money. As a LAWYER, that is YOUR DUTY. <i>You are supposed to represent your client</i>, not the county that&#8217;s making money hand over fist with social security reimbursements by demanding unnecessary &#8220;services&#8221;.</p>
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