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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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