Filing for a State Administrative Hearing
If you don’t agree with how a CPS caseworker handles your case and can’t get a helpful response from that person’s supervisor, you might get results by filing for a state administrative hearing.
Why file for an administrative hearing?
1. Regulations
Is your CPS caseworker following the state regulations for child protective services caseworkers? Have YOU read those regulations?
If you haven’t read the CPS regulations for your state, start there. See your local county law librarian if you need help finding the regulations. Make a note of every regulation that is being violated in your case. Start a list of issues that could be brought up during an administrative hearing that will decide whether your CPS case is being handled right.
2. Court Orders
Have you been to court? If so, you probably have a court order signed by a judge. Do you know what it says? Everything on that list of things you must do to regain custody of your child NEEDS to be done. That’s the service plan and in order to get your kids back, you MUST do everything in your power to complete the plan before the next court hearing.
There are two things CPS caseworkers might do to mess that up for you.
(a) They may take their time about making referrals for you to get their “services”. For example, your court order may say you must complete counseling. But your CPS caseworker won’t even tell you the name of a counselor you must see. Sometimes caseworkers delay service referrals then go back to court saying you haven’t had enough of their services. Even though they are to blame for you not getting the referrals, the judge will probably agree with them.
(b) Another thing they might do is to refer you to services that aren’t court ordered. For example, you might have a CPS caseworker forcing drug tests on you when they are not a part of the court-ordered service plan.
3. The Children
Do you have a court order that allows freer visitation than your CPS caseworker will permit? Review your court order to see exactly what it says. For example, a court order might not require visitation to be supervised, but the CPS caseworker insists that it should be. In this scenario the CPS caseworker is violating the court order.
Are you worried about injuries on your children in foster care, but find that the CPS caseworkers aren’t willing to move them to a safer environment?
If you feel your CPS caseworker is violating regulations, or trying to delay court ordered services, or referring you to services that are not court ordered, or in any way violating the court order in regards to visitation or any other issue, you may have just cause for filing for an administrative hearing.
How to file
EVERY UNITED STATES AGENCY HAS AN ADMINISTRATIVE HEARING PROCESS FOR AGGRIEVED CLIENTS. THIS INCLUDES CPS AGENCIES. If you run into bureaucrats that say there’s no internal review process like this, they’re wrong, and you’re talking to the wrong person.
Don’t bother asking your CPS caseworker about whether or not you can file for a hearing. Many CPS caseworkers may not know about administrative hearings. Maybe they’ve never had a client file for one. In any case, you don’t need to consult your adversary to file for an administrative hearing. (Also called a state hearing.)
You can use the telephone to contact the hearings department of your state department of human services to file a request for a hearing.
Another thing you can do is go to the front desk of the welfare office. Ask them for a hearing request form, and use it to file for a CPS administrative hearing. Welfare departments are part of social services, and they are used to getting hearing requests.
Be sure to keep a photocopy of your hearing request form.
What this does for you
When you request an administrative hearing, an employee of the state department of human services known as an Administrative Law Judge (ALJ) will review your case. This means that injustices being done to you and your children on the county level will become known to the state department of human services, and all employee decisions will have to be reviewed.
This is likely to frighten and upset your social services caseworker and the caseworker’s supervisor. Is that what you want? Think that over; maybe you do and maybe you don’t.
The CPS caseworker will be called into a hearings room to meet with you and the ALJ. Most likely social services legal staff will have a position paper ready to give to you and the ALJ representing their side of the controversy. They might even have their lawyer there.
BE PREPARED with your own set of legal documents representing and proving your side of the case.
When you go to an administrative hearing you can appoint someone else to represent you. That other person could be an activist, an advocate, a lawyer, or anyone you feel is most competent. Or you can represent yourself.
Look through your state’s social services administrative hearing laws or regulations. You have a right to request that these laws or regulations be sent to you in preparation for your hearing. Or, go to your local county law library for help finding them.
Will your hearing help you?
Most hearings I’ve attended either to represent myself or another person involved with CPS did not have what I would consider a most positive outcome. Many of our requests were denied, but some were granted. Whether denied or granted, these issues were brought to the attention of the state and the CPS caseworkers had to have their actions reviewed.
I believe that many requests weren’t granted because the ALJ didn’t want to agree in a way that would give us grounds to sue the state. This is an INTERNAL agency hearing and you can expect some CYA (cover your a$$) type decisions.
Usually after the hearings, circumstances in the cases changed. This may have been because our hearing requests notified the CPS caseworkers that we were going to fight for our rights, not lay down and get walked on.
Before you file for an administrative hearing, think about whether or not this could have an adverse effect on your case. You don’t want to file just because you’re angry with the system. If you have a genuine issue with the way your CPS case is handled, and the local social services personnel won’t change their erroneous course of action, then the state administrative hearing might be a way to force action and state oversight of a CPS case.
One thing your hearing isn’t likely to do is to force your CPS caseworker to give your child back to you right away. This is not the same as going to a juvenile courtroom and getting a judge there to agree to have your child sent home. The state administrative hearing is only a review to see if a CPS caseworker is going by social services rules to handle your case fairly. Administrative Law Judges can and do force CPS caseworkers to handle cases differently.
If for any reason your requests are not granted, do not be disappointed, but forge ahead by doing everything on your court-ordered service plan and by preparing a home to bring your children back to.
The state administrative hearing does not affect your juvenile court hearing, which is where a judge can decide to send your children home. The state administrative hearing is an internal state review of an agency’s work whereas the juvenile courtroom is an external review hearing presided over by county judges.
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Google: “administrative hearing social services california” (replace with your state’s name.)
Also: “administrative hearing form social services california” (replace with your state’s name.)
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Written by Linda Martin for Fight CPS.
Linda,
The above is the most succinct, information-packed, and best piece of writing that you have put forth.
You are a true gem.
Linda, can you please headline new and important Websites. There are some really good sites out there, which folks should be aware of.
Blessings to you on behalf of wounded families and children.
F.
Comment by Fern — May 12, 2008 @ 11:23 am
We are the grandparents of the most adorable little boy and girl and were not even given the chance for kinship custody. When we brought it up, the caseworker kept saying that we did not qualify and “lost” our kinship application on someone’s desk. So we said enough is enough and we went through the CPS Ombudsman and she was able to get CPS to say that they violated their own policy as well as a state law. It involved retraining of all state CPS workers and investigators. We still don’t have the kids back but we are seriously thinking of a law suit when they are back with their mother. We have had some retalitory actions (or so it seems) but my daughters lawyer is privy to this “revelation” and keeping a close eye on it. I don’t wish this on my worst enemy. Thanks for your extensive information on this. Kathy.
Comment by Kathy — May 12, 2008 @ 8:01 pm
KEEP HOPE ALIVE, I AM GLAD 2 HEAR SOMEONE IZ HEARING UR VOICES, MORE PEOPLE NEED 2 MAKE SOME NOISE IN ORDER FOR DA PEOPLE 2 BE HEARD. MAY GOD BE WIT U IN UR FIGHT FOR UR PRECIOS RETURN OF UR FAMILY.
Comment by PERCY ANDERSON — May 12, 2008 @ 9:26 pm
You have all this information for parents. What about foster parents that are treated unfair by CPS.
Comment by Anna — May 13, 2008 @ 9:07 am
Can you help with this?
A young boy soon to be 12 is being forced into staying att Diego Vargas (known for his protection of pedophiles and to Texas Federal Bar Association)and his wife until May 23, 2008 hearing (which is being extremely hurried). To take the boy away from his loving Father and his wife. Only to place him with so called Monique and Ed not even allowing the confirmation of the last name let alone much more info. What seems to match up is that the Monique is the Monique Robertson
TEXAS YOUTH COMMISSION LOCATION: 1111 NORTH LOOP AUSTIN, TX,78756-3199
TYC Treatment Specialist Monique Robertson. (Central Office).Clinical Supervisor-Staff Development Annex
Ed Robertson
General Government (Governor’s Office)
(512) 463-1778
Fax: (512) 463-1975
Agency #: 301
P.O. Box 12428
Austin, TX 78711
State Capitol Bldg.
1100 Congress, Room 2S.1
Austin, TX 78701
Ed Robertson works directly with Gov Rick Perry former Lt Gov for George W Bush.
It appears that Ed and Monique’s last name is Robertson. Because what is happening is equivalent to a slam dunk from ones that have a LOT of power.
And this is a move to retaliate against the father for doing significant Patriotic Work.
Comment by Patricia Johnson-Holm — May 14, 2008 @ 8:03 pm
well i think this whole site is really good thank you linda..i don’t have any kids but what cps did was like we weren’t americans the whole about cps made me agervated and i couldn’t beleive what they really get buy with..our voices are being herd now but we still need to shout loader to the whole country…i have been giving alot of people this site they don’t know they’re rights so i tell them and they tell me thank you and since i have been fighting for other people and helping them fight to i have helped parents bring there kids back home so i thank you for this site it has helped alot of parents who are lost…melinda bocook and god bless everyone that has felt the toursure of losing a child to the cps and there lies..lets keep out candle lite and keep our hearts filled with the power god has given us that is what keeps me going with this is god and people like you….thank you …melinda bocook
Comment by melinda — May 16, 2008 @ 5:07 am
Everybody needs to get together and have a rally downtown DM this summer
Comment by Terri — May 17, 2008 @ 8:39 am
Thank you Linda! This is good information. I have always referred people to your site! It’s all about the good old dollar bill. We need to start circulating our own money and another site I would like to refer others to is Jail4judges. Also see secret rulers of the world which is a book, but you can view the “29″ videos on line on you tube. There are also many whistleblowers out there today. Thanks!
Comment by Deborah — May 29, 2008 @ 7:43 pm
anybody in TN?
Comment by Lisa Smith — May 30, 2008 @ 11:19 am
I would like to know how long do I have to wait before I will hear the result of the administrative hearing? Does anybody know?
I’ve been waiting over 3 months now in Michigan and still nothing. My attorney said that we just have to wait. But how long can the CPS/DHS drag their feet before answering?
Does anybody know what if they deny then what:
if I go to court is it likely for the new judge to change the decision? Or is it just waste of time and money to continue the process to the real court?
Comment by michiganian — March 9, 2009 @ 7:50 am
Tennessee has the most corrupt Children’s Services division in the United States. The case managers are incompetent and if you file a complaint they will do nothing.
Comment by Katina Lee — March 16, 2009 @ 5:41 pm
Colorado is right up there on the corruption scale too. Nationwide, CPS NEEDS INVESTIGATED!
Comment by Susan — April 2, 2009 @ 9:44 pm
does anybody know how long the result of an administrative hearing can take? I’ve been waiting for over 6 months now… no answer, no reply either from the cps when I asked for a result… nothing!
Comment by ex-michigan — June 3, 2009 @ 9:55 am
I’ve never heard of an administrative hearing decision taking that long. I’d get in touch with the state department of social services to find out what happened. Don’t trust CPS workers to give you any useful or accurate information about this. They were your adversaries in the hearing, were they not?
Comment by LindaJoMartin — June 3, 2009 @ 9:47 pm
Can we have an administrative hearing if I believe my children’s, and my 4th and 14th amendment rights are being violated, if the case worker has lied, and I feel she is being bias? What about when the investigator told me “if you don’t sign it, I’ll get a judge to order it!” and by “it” he ment his “safety” plan stealing my kids from me? What if I don’t think he did a proper investigation or used the removal of my children as a first resort not a last? What if I think the my children’s rights and my parental rights are being violated by the caseworker allowing my ex mother in law to take the girls to an eye appoint without first informing me, my kid’s have the 14th amendment right to have their parents mother included present at any and all medical appointments.
Comment by mpo2624 — June 7, 2009 @ 1:22 pm
10TH CIRCUIT 1997 THE FORCED SEPERATION OF A PARENT FROM CHILD, EVEN FOR A SHORT TIME.. REPRESENTS A SERIOUS INFRINGEMENT UPON THE RIGHTS OF BOTH .
TITLE 18, U.S.C. SECTION 242 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW IT IS A CRIME FOR ANY PERSON ACTING UNDER COLOR OF LAW, STATUE, ORDINANCE, REGULATION, OR CUSTOM TO WILLFULLY DEPRIVE OR CAUSE TO BE DEPRIVED FROM ANY PERSON THOSE RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUION AND LAWS OF THE U.S. PUNISHMENT VARIES FROM A FINE OR IMPRISONMENT OF UP TO ONE YEAR, OR BOTH, AND IF BODILY INJURY RESULTS OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE SHALL BE FINED OR IMPRISION UP TO TEN YEARS OR BOTH, AND IF DEATH RESULTS, OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO KILL, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED FOR ANY
> TERM OF ! YEARS OR FOR LIFE, OR BOTH, OR MAY BE SENTENCED TO DEATH
IT IS ILLEGAL AND UNCONSTITUTIONAL PRACTICE TO REMOVE CHILDREN WHICH RESULTS IN PUNISHING THE CHILDREN AND THE NON OFFENDING PARENT. IN A LANDMARK CLASS ACTION SUIT IN THE U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YORK, U.S. DISTRICT JUDGE JACK WEINSEIN RULED ON NICHOLSON V. WILLIAMS. CASE
> NO. 00-CV-2229. THIS SUIT CHALLENGED THE ! PRACTICE OF NEW YORK\’S ADMINISTRATION FOR CHILDRENS SERVICES OF REMOVING THE CHILDREN OF BATTERED MOTHERS SOLEY BECAUSE THE CHILDREN SAW THEIR MOTHERS BEING BEATEN BY HUSBANDS OR BOYFRIENDS. JUDGE WEISTEIN RULED THAT THE PREACTICE IS UNCONSTITUIONAL AND HE ORDERED IT STOPPED
>
> ………………………………………………………………………………………………………………. DOE ET AL, V. HECK ET AL (NO. 01-3648, 2003 US APP. LEXIS 7144) THE U.S. COURT OF APPEALS FOR THE 7TH CIRCUIT RECENTLY RULED THAT CHILD ABUSE INVESTIGATIONS HELD ON PRIVATE PROPERTY UNCONSTITUTIONAL…………………………………………………………………………………………… CPS CAN NOT DO ANYTHING WITH OUT YOUR APPROVAL!!!! DECISION OF THE 7TH CIRCUIT COURT OF APPEALS FOUND THAT THIS PRACTICE, I.E. THE \”NO PRIOR CONSENT\” INTERVIEW OF A CHILD, WILL ORDINARILY CONSTITUTE A \”CLEAR VIOLATION\” OF THE CONSTITUTIONAL RIGHTS OF PARENTS UNDER THE 4TH AND 14TH AMENDMENTS TO THE US CONSTITUITOIN. ACCORDING TO THE COURT, THE INVESTIGATIVE INTERVIEW OF A CHILD CONSTITUTES A \”SEARCH AND SEIZURE\” AND WHEN CONDUCTED ON PRIVATE PROPERTY WITHOUT \”CONSENT, A WARRANT, PROBABLE CAUSE OR E! XIGENT CIRCUMSTANCES,\”
> SUCH AN INTERVIEW IS AN UNREASONABLE SEARCH AND SEIZURE IN VIOLATION OF THE RIGHTS OF THE PARENT, CHILD AND POSSIBLY THE OWNER OF THE PRIVATE PROPERTY.\” THE MERE POSSIBLITY OF DANGER DOES NOT CONSTITUE AN EMERGENCY OR EXIGENT CIRCUMSTANCE THAT WOULD JUSTIFY A FORCED WARRANTLESS ENTRY AND A WARRANTLESS SEIZURE OF A CHILD. (HURLMAN V. RICE, 2ND CIR. 1991) ………………………………………………………………………………………………………………………………. IN CONNETICUT JILL ZUCCARDY, A LAWYER INVOLVED IN THE SUIT AGAINST THE CITY, SAID \”PROGRESS FOR VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN HAD ALREADY BEEN ACHIEVED. THE FEDERAL LAWSUIT, AND YESTERDAYS STATE RULING AMOUNTED TO A WAKE UP CALL FOR CHILD WELFARE AGENCIES ACROSS THE COUNTRY. IT SAYS YOU\’D BETTER LISTEN TO DOMESTIC VIOLENCE AGENCIES OR YOU WILL WIND UP BEING SUED.\”
>
> …………………………………………………………………………………………………………………… OCTOBER 27TH,2004 NEW YORK STATES HIGHEST COURT RULED YESTERDAY THAT CHILD WELFARE AUTHORITIES CANNOT TAKE CHILDREN FROM PARENTS AND PLACE THEM MERELY BECAUSE THEY HAVE BEEN EXPOSED TO DOMESTIC ABUSE IN THE HOME.
These are some caselaws that I have found that are my case. What about mentioning these in an administrative review?
Comment by mpo2624 — June 7, 2009 @ 1:24 pm
mpo, get a copy of your state’s social services regulations. I know in my state, I was supposed to be informed every time my child saw a doctor and I insisted on being there as the regulations stated it was my right. It is common for rights to be violated if you don’t know what they are. Also, if your case has since been through juvenile court, don’t be surprised if social workers state that whatever was done was okay as a judge has approve it now.
Comment by LindaJoMartin — June 8, 2009 @ 10:15 pm
I tried looking this up, and with the help of the members of AFRA we didn’t find where it specifically stated this. They told me that my parental rights and my girl’s children’s rights under the 14th amendment still applies though. I also learned that they are committing fraud by using the states insurance instead the private insurance they were already covered under.
Comment by mpo2624 — June 9, 2009 @ 5:25 pm
I live everyday in terror! What if they come back to take my baby back into custody? What if they never give my older two girls back. I can’t sleep, I scarf everything as if there is no tomorrow, and with out my girls I don’t really care if there’s not a tomorrow. As God is my witness I have never been anything other then a mother to my children, and one stupid fight doesn’t constitute this. This is truely cruel and unusual punishment, and for my only crime being a “victim of domestic violence” and I use quotes because I feel it was just a minor pushing and shoving match that I know other couples have gone into and they have happy healthy relationships, and their children are happy and healthy. My boyfriend is being forced into Batterer’s Education and he says there are a few guys in there that they didn’t take their kid’s from, so why us? Why does my children and our family have to surrer this HELL!? I am just venting obviously and I appreciate having the spot to do it. We have done everything CPS has asked us to do, I have been done with Domestic Violence Counseling since the end of march, He is about half way through a 6 month BE class, and we are in couples counseling. This is all they have asked from us! Why haven’t they given my older two girls back?
Comment by mpo2624 — June 9, 2009 @ 5:31 pm
If you can’t find it specifically stated in the regulations, you can go to the Administrative Hearing for clarification on that issue (being at your child’s doctor appointments.) You could look this up in other states’ regulations to show your request isn’t unreasonable.
Comment by LindaJoMartin — June 10, 2009 @ 5:48 am
It has almost been 2 two since we has seen or talked to our son, who was adopted by the family who filed false allegations. I have been researching everything I can to prove we are innocent and I have been collecting paper documentation that prove a proper investigation was never done, that we made more than just reasonable efforts. We comply with all but 1or 2 of their requirements on service plan. They never had or offered us help with transportation. Vistitation was based on the family members schedule when the responsibility lied on the case worker, they never follow through their part in the service plan. They also delayed services and would not honor our request for a new counselor when our verbally assaulted me at 3rd vistit. She was making everything person. She hated me even before I said a word. The only administrative hearing they told me about was to have records expunged and to have our names removed off central registry. Becuz issues that were amended were never removed from file and they help the judge make his decision. They also have the proof that the allegation made were false, but they still got away using it during trial. They said we never used any of their services yet everytime we’d ask they said they didn’t have the funds. They kept my oldest 17 yr old son out of our lives except for speaker phone calls because they didn’t what us to talk to him about the case yet they talked to him about the case. They never stated one situation where we abuse, neglected or failed to protect our children. It was heresay. Even when we achieve a goal at trial they commented at the evidence fing something wrong with everything. Like my husband got hired in full time at Gm making $23/hour and we got proper housing within time frame and they said we were still unstable. Should I be filing more than just a adminisrtative hearing. We are currently got 57 affidavits out to neighbors of over 5 years, friends, family, 3 witnesses that witness the worker committ fraud to judge just so my brother wouldn’t beable to testify to explain our family dynamics and how no one spoke to them or their children who were abused by the grandma. And she continues to be left alone with our baby Xander who is now 5 years old Especially when it was in the workers notes of interviewing the kids and brother for a home study because my brother was aware my sister would use her probationer badge to get away with more than most people. I found out last month by program director that these notes are as of last month been destroyed even though they contained vital proof for our case. Help me out – anyone?
Comment by AnnetteNelson — June 19, 2009 @ 2:54 am
Annette, it is way too late for an administrative hearing. I’m sorry, but if your children were adopted out there’s little you can do but wait for them to age out. Hopefully they will remember you and come looking for you. If you were to get your children back now it would be a major miracle. You are too late even for an appeal. If I were you I’d put all your evidence into a book and sell it on lulu.com – or put it on a website. Maybe the kids will find it and figure out your side of the story and come back to you.
Comment by LindaJoMartin — June 20, 2009 @ 2:36 pm
I have been fighting the state of TN for almost 6 years to get my 2 youngest children back. We have had 3 THPs that for one reason or another have been disrupted. It started in Hamblen County, Morristown, TN and finally, after 4 years, was able to get the kids and the case moved to Washington County, Johnson City, TN where I have lived for 5 years. I am STILL getting the run-around and my state representative is now involved. Sometimes I feel like giving up…and then I remember the reasons WHY I have been fighting for so long. I have tried to get copies of everything, including court transcripts…and was told by my attorney that juvenile court is closed and that there are NOT any transcripts unless I hire my own court reporter to record the proceedings. I even tried to record it myself with my recorder lying on the table. After court, the judge (Judge Sharon Green) told me to GIVE my recorder to my attorney so that anything pertaining to court could be ERASED. That is totally F**Ked UP!!! I desperately need an attorney who can help me Pro Bono (in helping me get my kids back AND in helping me SUE the state of TN once I do get them back). Sometimes I think we would be better off living in Russia!!!
Comment by Michelle Martin — July 8, 2009 @ 6:23 pm
Is it too late for me to request an administrative hearing? The new county STILL hasn’t had time to read the entire case history and are just now bringing up an issue that was settled in the old court years ago.
Comment by Michelle Martin — July 8, 2009 @ 6:29 pm
Michelle, I can’t advise you on whether you should file for a fair hearing with the new county already. I don’t think it is right to file for things the old county did wrong. I’d wait and see if the new county can do better. But that’s me. I wouldn’t start out by doing something that’s going to upset the new caseworkers.
Comment by LindaJoMartin — July 9, 2009 @ 6:27 am
if anybody from MIchigan is reading, the judgement from the administrative hearing made by the administrative law judge takes about 7 to 8 months.
State department never replied to any written requests.
they can send your copy to an address in which you have never lived or heard of. This means that you will have a limited timeframe to object.
Comment by michiganian — September 21, 2009 @ 2:05 pm
Hello Anyone who can assist me! I just recently got denied for expungement, which took a year and half to go through. I wanted to know can anyone get their names removed from the central registry? I just went to see an attorney and will have to fork out a lot of money to get this expunged. I would just like to know can a name be removed from central registry? PLEASE COMMENT BACK. Thank you
Comment by Elizabeth — October 16, 2009 @ 3:25 pm
Elizabeth, sounds like you will need to go to court on this. Are you sure you’ll need an attorney? It could be something you could do In Pro Per… and ask for a fee waiver if you’re a low income person. To answer your question, yes, people have been successful in having their names removed from the central registry.
Comment by LindaJoMartin — October 17, 2009 @ 7:49 pm
Hello, I am currently in training to be a social worker. I have always wanted to be a social worker working in CPS because I wanted to protect the children that need protecting. I understand that there are probably some “bad” social workers out there, but the majority of us don’t want to take children away from families, it is simply done in order to ensure that the children are safe. We don’t get into this job because we enjoy making people suffer – and both the parents and children suffer when they are taken away. But if that child is in danger, then it is a must, and they cannot be returned to the family until the social workers are sure that it will be safe. Do you think the social workers get anything personal out of taking children away? I can assure you, they don’t… they just want to make sure that the children are safe and that no harm will come to them. They also need to ensure that the place they are returning them too is completely safe because if it is not, and they return the child, you can bet that they could get sued, lose their job or even their license to be a social worker. Either way, social workers aren’t given any credit for the extremely hard job that they do.
I’ll be interested to see if this is posted
Comment by Sara — October 26, 2009 @ 2:01 pm
Sara, the problem is that the federal laws invite corruption. For example, see Drugging Foster Children.
Comment by LindaJoMartin — October 26, 2009 @ 9:52 pm
Sara,
The problem lies on the vague and open to personal interpretation statement: “if the child is in danger”. What does constitute a child in danger? How does a social worker determine that a child is in danger? These definitions unfortunately are interpreted at the social worker’s own discretion, which many times over are erroneous, exaggerated, and extreme in the manner which they address these issues. The problem also lies in the way social workers punish the parents, and by punishing the parents they are also punishing the children, adding yet another layer of abuse in the children’s lives. The problem lies in yet another realm: human rights. Parents are being deprived of their rights to be human, to make a mistake and to learn from it.
Briefly, in my case, my partner and I separated last year, and I moved away for a year. We agreed that our son was going to spend Christmas and Summer vacations with me. Seeing that our son was having problems adjusting to this new situation, I cut my two year training in half and returned to the area where my son resides with his father. His father and I have an arrangement that my son would spend one week with me and one week with his father, for this reason I moved 5 blocks away from my son’s home. I also initiated a family counseling to ease this transition and seek professional help to adjust to our new family arrangement. The counselor was not very helpful, as she took the side of the father in 5 out of 6 sessions we had. My frustrations grew when my son, on the third day of this arrangement, lied to me saying that he was at a friend’s home when he was at his father’s home. His father never let me know that my son was at his house. I was being lied to by both my ex and my son. I went to my ex’s home to retrieve my son, and I caught him there in his lie. I told my ex that he should return home because he had lied to me – he was at a concert with my 18 year old daughter; he did not, and turned off the phone. I left a message saying that I would trash his house if he didn’t come home. Apparently, this last statement was enough to deem my child to be in danger, and for the social worker to label me as “terrorist”.
On our last session at the Southern California Counseling Center (anyone out there, avoid this place at all cost), I called the counselor on her actions, and told that I was being lied to, and told her of the episode where my son lied to me, and also was instructed by his father to call the police. The police came, and heard the entire story, as I told here, to the counselor, and social worker. The police did not take any action because it was obvious that nothing was wrong in that situation. Yet, the counselor and social worker think I am putting my son in danger (?). The social worker tactics was very aggressive, extreme, using of over-generalizations, pushing me to see if I lost my temper, in an attempt to set me up. I felt my rights were grossly violated by both SCCC and the social worker.
Please, Sara, review your definitions of “child in danger” what does it say? Is it vague or well defined? Does it imply or specify situations? The crux of the problem is in the individual interpretation of a grossly vague statement as “child in danger”. And as we know, we are only human, and are moved by subconscious messages (which vary from racism to preconceived ideas and motivations) that affect our decision making. So, please, do not come to me talking of fairness of social workers; to me people who take on this profession has an ulterior motive of getting back at someone in their on past – be it a parent or anyone else who has abuse them. Sorry, I have no sympathy for you.
Comment by Ariane — October 27, 2009 @ 9:34 am
Just one more clarification: I initiated the family counseling voluntarily as an attempt reunify with my children and resolve our differences, and that was never taken into consideration by neither counselor nor social worker.
Comment by Ariane — October 27, 2009 @ 9:42 am
Sara, the social worker said that I had to stay away from my child, and not see him for one month.
Can you tell me what good will that do? How can this month away from my child change anything, when I was having a good progress with him, as he was beginning to warm up to me? As I said to both counselor and social worker, the only way for my child to learn to respect me is for him to be with me. How does separation will help that? And doesn’t my child have the right to be around his mother? I also asked both counselor and social worker how do I change my child’s antagonism towards me? No answers. Can you tell me Sara?
Is it by staying away from him that the antagonism will go away? Why separation? Is this a good procedure? Was my child in danger?
I can tell you that 1. The only way for my child and I to rekindle our relationship is by HAVING A RELATIONSHIP with him. A relationship cannot be develop in absence. 2. Separation is the wrong decision. 3. My child was never in danger. He can tell you that, but he was never asked that question.
I wonder if and how you, Sara, will respond to this one.
Comment by Ariane — October 27, 2009 @ 9:53 am
Should I file?
My 2 children, 3 months & 8 yrs old, have been declared dependant. I have custody. However my boyfriend, father of the baby, is only allowed 2 hours a day visitation & cannot live with us. The reason is that 16 yrs ago at the age of 17 he plead no contest to rape. He maintained his innocense & maxed out his sentence for doing so, serving 10 yrs. He spent his entire life in cps custody & the alleged victims family sued cps for $3,000,000 blaming them for the rape. The complaint called into cps is that he is a registered sex offender, lowest level for 10 yrs from date of release, & that they feel he should not be allowed to be a father. The court has ordered that he must complete a sex offenders treatment program in order to get custody back. The problem is that the therapist testified in court that she will only kick him out for refusing to admit to the crime & to sign an affadavit of admission. They have set my family up to fail. After my children were declared dependant they did not do a background check on the adults I was living with until 11 weeks had passed. They still have not done any home inspection either. I feel that this is only to get back at my boyfriend & that they are not concerned about my childrens well being. After our last court hearing the supervisor asked me if he will now start to cooperate & I told her that’s a decision he must make not me. I told her that he cannot complete the therapy & she knows it because he maintains his innocense. I said I believe he is innocent. She said that was a problem & that he is nothing but a liar & that I should watch out for myself! I honestly believe they are going to start to bully me to turn against him. Granted I am standing seperate from him & complying w everything because I will never choose anyone over my children. But that doesn’t mean that I don’t love him & that I don’t want our family reunited. It only means that I will do anything to keep my kids. If anyone can give me any advice please do. I am miserable. He is a wonderful man & father. His goal everyday is to make me happy. He has helped me through so much & i couldn’t ask for a better partner. Please help our family.
Comment by T. — October 30, 2009 @ 10:18 am
Continued….
Also I would like to point out that as of July there are over 686,000 registered sex offenders in America. That number is expected to rise by 25,000 each year. My question is: of the 686,000 offenders, how many are parents? And if your crime does not or cannot affect your child should cps have the right to be involved? Again my bf’s offense was 16 yrs ago long before he was the 33 yr old first time dad. Cps told me they would have to investigate anyone who is registered and has children. I think that is bogus. They should have seen the registry & the date of offense & realized that there is no connection w the children. I agree that they need to step in if a person has recently offended or offended young children or something. But not EVERYONE. And if that is true that they need to investigate all offenders w children then they need to get to work because sex offenders lives are public. They aren’t hiding from the government so why aren’t they actively seeking out all of them since their info is all over the Internet & gov databases??!
Comment by T. — October 30, 2009 @ 1:18 pm
T – sorry I felt compelled to conceal your name. The caseworkers get on the internet and GOOGLE people’s names and find them here. Protect yourself online. Caseworkers can be vile in court, using statements posted to the internet against you. I have never heard of one of these cases ending with caseworkers and judge kindly agreeing that a parent should be allowed to move back in. I admire your husband for standing firm for his innocence. What good can come from a confession to something that never really happened? He did it once before and it ruined his childhood. My heart totally goes out to you both. Do what you have to do to get your children back, on your own. Be grateful you have custody . . . so many in these cases lose the children. Do NOT violate their instructions about contact with your husband in any way because if you do, that’s when they can take the children. Your husband is the one who needs to contact state legislators, and whoever else he can, regarding the loss of his family over these old charges. Best of luck to both of you!
Comment by LindaJoMartin — October 30, 2009 @ 3:42 pm
If I were to leave him & move away would they leave me & my children alone. I would never choose anyone over my children & I don’t want them growing up with the system always breathing down their necks. They deserve better. If he can’t win & we can’t be a family I can’t subject my children & myself to this emotional torture.
Comment by T — October 30, 2009 @ 4:42 pm
T, nobody can tell you what to do about your marriage. I suggest you go to the message forum for feedback. If you leave town while there’s an open CPS case you’ll just get yourself into more trouble. I suggest staying where you are and working through the case until they close it. Do everything the court asks you to do.
Comment by LindaJoMartin — October 31, 2009 @ 7:54 pm
I am having trouble finding the state regulations for child protective services caseworkers in my state. I live in Minnesota. I am the grandparent of a child in protective custody in Anoka county. I have been lied to, yelled at and had false allegations sent my way when I hired my own attorney…..even my attorney cannot believe what is happening. Where would I turn? I can’t believe that they are allowed to act this way. The judge just agrees because they “know their job better than he does” so there is no accountability and no way for me to even be heard…even though by law I am a party to the action.
Comment by Renee — January 29, 2010 @ 10:57 pm
Renee, have you tried your local county law library?
I’m fairly sure the Minnesota regs are online… at least, they used to be. Now I can’t find them!
You could file for an administrative hearing and demand a copy of the regs to prepare for your hearing.
Comment by LindaJoMartin — January 30, 2010 @ 9:18 pm
Thank you Linda, I will see what I can find.
Comment by Renee — January 31, 2010 @ 10:43 pm
Dear Sara,
Nice to hear that there are good social workers, too (as I hope that you will be). In my case, I met a CPS-agent who just hated foreigners and immigrants. It was enough that I had an accent! It was just an emotional abuse for a child because I spoke with a foreign accent. Great! How can you defend yourself against that?
Comment by nn — March 10, 2010 @ 9:20 am
Also, the result of the administrative hearing took about 7 months. The CPS-office sent the documents to a wrong address (where I had never lived). Therefore, anyone waiting for the reply be careful, because CPS-agents do anything to make sure you will NOT get the answer in time! There is a limited timeframe to reply and go to court….
Comment by nn — March 10, 2010 @ 9:24 am
i am a mother of 4 i have been fighting cps for 2 years to regain custody of my kids i recently had a new baby and they took her from the hospital i did nothing wrong and did everything they had asked me to do and it still wasnt good enough they promised me that they was coming home and it didnt happen ive kept a job for 2 years and i still are without my kids i need all the advice and help i can get on appealing my case please help me i want to be with my kids they are my world they deserve to be with they mother
Comment by randi — April 14, 2010 @ 12:49 pm
Randi, this site gives information for fighting CPS in the court system. Please register at our message board for feedback on your case.
Comment by Linda Martin — April 15, 2010 @ 9:59 am
My stepdaughter is loosing parental rights. Shiawasee county DHS is interprting the law, that clearly states family placement first ( family= grandparents, aunts uncles, ect and adult sibling.) they want to place a 2 year old with his 6mth sibling. ( they say he is meets requirments for family placement) the babies dad was never married to mom, he was just her boyfriend. The are expunging his child abuse record and letting him adopt the 2 year old. Case workers never notified family in 30 days after placing the kids in care, and never tried for family placement.
Comment by Laura — May 1, 2010 @ 8:01 pm
Can Anyone Please Help Me?
I have had my girlfriend and her 3 children living with me for almost 2 1/2 years. My girlfriend had a medical problem that caused her to go to the hospital and we were staying with my parents at the time. My mother wouldn’t let me keep the children there without their mom there and was getting ready to ask them to move out. However, when she went to the hospital my mom told me that I would have to call DCS and have them put the children in foster care. I had no where to go with them and if I took them to a shelter with me DCS would have gotten envolved anyway since I am not the “Biological Mother” just the “other mom”. We had them got them home for their 90 day home trial visit back in Feb. 2010 and then her oldest daughter went to school and told them lies that I was abusing them. They took the children for 11 days then then gave them back to my girlfriend but I had to move out and they put a restraining order on me. My girlfriend and I both told DCS that about 95% of everything said was a lie. Now, I need to know what I can do. There is no physical evidence of abuse just hear say from a 10yr old girl who was mad because she got into trouble over the weekend and is overly jelous and obsessed with her mother. Can anyone help? What Can I do?
Comment by TDF — May 3, 2010 @ 1:59 pm
my kids were taken for my “lack of cooperation” help please
Comment by destry — May 7, 2010 @ 1:21 pm
Destry, the ‘help’ I offer is on this site for everyone to read. See Who Will Help Prepare Your CPS Case?, Legal Document and Information Library, and the FightCPS Message Board Forum for a start.
Comment by Linda Martin — May 8, 2010 @ 8:34 am
I am the Grandmother of a 2 year old boy who was taken a year ago and I have been going down to V.A ever since trying to get Him out, I have followed each thing they asked even tho I have been continually lied too, I got My foster lisence, home studys recomendations, , the worker lies to me puts me off, I keep calling writting I dont let up,..
she wanted to bring Me down twice a month for one hour visits for which I said He will not bond with me on two hours a month, they are supose to help Me with services, but You cannot get them to call back, I am here in V.A now,
the worker told Me when I left the last time, a week and a half ago, that She was going to have a meeting friday for help in Me staying down here for the 6 months of visiting she said I had to do,.. so the day I got back to michigan I booked a flight called emailed was ignored till I was almost on the plane, then was told I had a room till the big meeting on this friday a meeting she told me was to happen on the previous friday,.. I got a email today saying she wtalked to her supervisior and they can help with 400 a month,
and then stated she wouldnt be around tomorrow (friday) so call her supervisior is I had questions,,, sighs
Im down here and now about on the street for the weekend ,..Me and My service dog, I used up the money I had to get down here, she had made it clear she wants the fosterfamily to adopt him,..
and she is trying hard to trip me since there is no other way to do it, Ive complied
I have stated I will do anything,..I will visits anytime anyplace,… and I get a note that says thanks for
I am out of the office tomorrow, so I wanted to touch base with you by email since I was unable to get you by telephone this evening. I did leave a message on your hotel messaging system and also called your cell phone.
My supervisor met with the other supervisors here and also discussed this with our city attorney (who you met at court recently) It was decided that the amount of money that is already approved is what we have to assist you with a hotel stay each month. Right now, we have $400 approved per month to assist you with a hotel stay.
I will be looking into less expensive hotel options such as the Red Carpet Inn or Motel 8, which may allow us to assist you with more stays. While the Department appreciates everything you have done thus far and your willingness to move here temporarily, we are unable to fund hotel stays for an extended period of time.
so here i am….. balls back in my court
they create hardships for people and are Me right now,…
why is it they have soooo much power????
can I ask to see the judge on the case?,
Comment by Machiel Miller — May 13, 2010 @ 7:44 pm
I am going to be writting a book
I am going to call it
” If you only knew, it could happen to You!”
( social services uncovered)
Comment by Machiel Miller — May 13, 2010 @ 7:47 pm
Machiel, start writing your book now! And do file for an administrative hearing, and go see the state legislators.
Comment by Linda Martin — May 14, 2010 @ 7:06 am
My children are 8,5, and 3. Removed 8 months ago for allegations now proved untrue. Completed Service Plan plus extra things cps decided to add with out courts approval. Pre-trial coming up in less than a month, Cps requested an extension on grounds of wanting more time to monitor because they are not ready for trial because the whole case has been blown away and they have NOTHING. They keep goal as reunification even at this point but refuse to start reunification process. Case worker in home every 2 weeks and can find no faults. Caseworker told me that I am right as they are trying to find anything and everything to prove me unsafe and even though they have not over 8 months of children in Foster care, she assures me that they will because it’s there job. Requested attoney to file a writ of mandamus that in my case would return my children and he refused. I fired him months ago only for the judge to court appoint him to me that same day with out an indegency form ever filled out and against my objections of his representation. He lied to me for 4 months about requesting my case files and it’s only getting worse. I don’t know what to do. I’m cleared of all allegations if it goes to trial and cps is postponning trial to search for other options. my 4th and 14th ammendments have been violated and a minumum of 8 family codes. My own attorney working against me and I have no where to turn. I’m praying I can get some feed back from here that may help guide me on what I can do next. Service plan completed and trial time and still no justice for my children and I’m just trying to bring them home when cps already knows the removal was not warranted to begin with and are trying to cover their butt. By doing so they are putting my children and myself through even more unjust suffering.
Comment by Mrs. L. — May 26, 2010 @ 9:09 pm
Like Sara, I am in school to become a social worker. It breaks my heart to see that so many parents think we are so “evil”. Social workers (not case managers, or cps workers) have to go to school and get not only a college degree, but also graduate education. When I graduate with my master’s degree I will have over $60K in school loans. Social workers do NOT make a lot of money, let me tell you. So why do we do it? Most of us simply want to make a positive difference in this world. I have raised children and I know they do not come with instruction manuals. Sometimes parents make mistakes. Sometimes they need help getting back on track. The way I want to work is “Ok, for some reason here I am at your door. You may not like it, and you may think it is unfair, but here I am so let us see how we can work together to make sure your child is safe and taken care of, and if at all possible at home with you.” I KNOW I am not the only social worker who thinks this way. Unfortunately when people have good experiences they go on about living their lives with their children and they do not go out of their way to publicize the outcome of their case. I know there are incompetent people out there in EVERY profession. Just like there are people out there who actually really hurt their children in many horrible ways. If you do not think it is fair for a social worker to assume the worst of you, maybe it also isn’t fair to assume the worst of them. Imagine if you could work together, instead of against one another. . . It can and does happen. My only suggestion is to keep a record of all that is required of you, and all of the things you have done to comply. it is hard for anyone to rule against you if you were asked to do “X, Y, and Z” and you DO “X, Y, and Z”. You WILL run into trouble when you do X and Z but decide that Y isn’t really that important. Good luck to you all.
Comment by Tara — July 26, 2010 @ 10:55 am