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.)
For more information, see this posting in our forum: Types of Hearings – [you must be registered for the forum to see the postings there]
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Written by Linda Martin for Fight CPS.
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Comments (113)
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 approved 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
@Tara. You’re living in a fantasy world. I wonder if you even bothered to read the aformentioned stories detailing the gross injustices done to families by CPS. You claim abuse by CPS is rare. Truth be told it’s the norm.
These CPS workers are deceitful, dishonest, biased, unreasonable/irrational and borderline Nazi’s. I never in my life ever thought I’d see the day that a government agency would have the power to override our US Constitution. CPS has flipped what used to be “innocent until proven guilty” to “guilty until/if you can prove your innocence”. Simple hearsay and unfounded allegations are deemed by CPS as fact. SMH.
My poor baby girl (age 7) died July 3rd, 2010 from asthma related problems. Guess how CPS “helped”.
They helped by going after my ex and accusing her of drug use and negligent homicide. She took both a urine test and a hair follicle test. The urine test came back ‘positive’ but yet the hair follicle test came back negative. And though the hair follicle test is way more accurate than the urine test (which was a false positive due to the consumption of Zantac), the CPS worker is still informing her that the urine test is positive and overrides the hair follicle test. WTF!?
Dishonesty is the norm for CPS, they are a terrorist organization.
(look up the definition)
So take your rubbish elsewhere.
You’re apologetic-styled rhetoric is a slap in the face to the innocent victims of CPS.
PS. Hate to see you willingly chose to enter into such a devious group.
Doesn’t say much about your ‘intelligence’, eh?
Comment by jrose — August 7, 2010 @ 6:05 am
@Tara. Furthermore, CPS is has now taken away her other child (age 3) because of allegations of so-called neglect. So the way CPS is ‘helping’ is to take away a good mother’s only child she has left for unwarranted accusations.
So me and my ex have lost our precious daughter, she’s now about to lose all rights to her only child she has left, and, to make it worse, they (CPS) are now going after my ex’s husband in order to make her choose between her son and her husband.
I often wonder how much blood is on CPS hands. Meaning, how many people have even resorted to suicide because of the unfair actions taken by CPS.
You claim to have the childrens best interest in mind, but yet, do everything in your power to destroy the family altogether.
Comment by jrose — August 7, 2010 @ 6:27 am
This information was very helpful. I only hope it works. I have been working with DHS for right at a year doing what they asked now they have told me my fiance or myself have to move out, or i give up my rights of my son to his father and only see him for a few hours during the day. They are doing this because there was only one incident where (because of DHS involvement) we got into an argument and it became physical. I have court papers stating my custody arrangement and DHS knows of them and are going against them. Any extra advice would be helpful.
Comment by Brittany — August 16, 2010 @ 6:10 am
Brittany, sorry to have to say this, but if you had a physical altercation, you might as well do what they demand, and separate. The caseworkers take a very dim view of spousal violence (and even verbal arguments) even if the children aren’t involved. Domestic violence between adults is a MAJOR reason why children are taken into CPS custody and kept there forever.
I know this is the hardest thing you will ever have to do, but if you want your children, you need to do it.
Comment by Linda Martin — August 16, 2010 @ 10:10 am
my daughters children were taken for ‘failure to protect’. After some months and continued victimization by the abusive father of her children she broke free and has rebuilt herself. She has now complied with all required services and is presently going above and beyond by getting training and support groups for to address the special needs of some of her children. CPS is moving toward guardianship for 2 of the 4 children in the home of the abusers parent. The abuser now has more access to his children than the mother/victim in the case. The 3 and 4 year old childrren regularly report physical abuse by their caregivers but CPS states they cannot do anything without marks on the childrens bodies. My daughter gets visits with the children 2X week with the case manager as supervisor in my daughters home. Increasingly the manager is comfortable in my daughters home and freely roams about, etc. This makes me very uncomfortable. This case is fast approaching 2 years old and we cannot progress to even unsupervised visits. Her therapist came to a planning meeting and spoke out in support of her. At this point he complains of no directives by the bureau in theraoy objectives, he states his objectives are met and he wouldlike some not forthcoming direction. A vague allegation was made re my daughter cannot ‘handle’ all her children. I see this as ridiculus and a stall to unsupervised visits which we need to progress to to meet the goal of getting the children home. At present we are tryingt o get a meet with supervisor to discuss this cannot handle situation 1 on 1 with the manager and her supervisor with specifics discussed instead of all this constant vagueness. Help, this just drags on and on and the other two childrens caregiver my ex is a tired grandfather who wants those children home, 10 and 9 yrs old. There seems no end to it. This is the famous Milwaukee CPS.
Comment by jena — August 19, 2010 @ 4:56 am
Jena, this sounds like an opportunity for a state administrative hearing. You could get an administrative law judge from the state department of social services to review the local caseworker’s handling of the case.
Comment by Linda Martin — August 19, 2010 @ 8:34 am
I agree with jrose’s comments that CPS caseworkers are borderline Nazis. They are out of control across the nation. The families they tear apart are mostly undereducated and low income who cannot fight back. I’m sickened by what I’ve learned about CPS abuse and the “laws” that give them unchecked authority, nobody is holding them accountable.
Comment by karen — August 22, 2010 @ 12:29 am
F_ _ _ the system!!!!! There out to get everybody any way they can!!! Just avoid them any way u can its the only way to fight back. Protect ur rights to the fullest and get as much knowledge about the situtation as possible. Don’t trust no one!!! U againts the world!!!
Comment by victim — August 28, 2010 @ 8:37 am
I have a biological niece who was born drug exposed and my wife and I were in the hospital during here birth. My sister named the baby after me. CPS became immediately involved and we expressed interest from the onset. We visited the baby in the neanatal care each day. My sister had signed notorized consents for us to take control and custody of the child but despite all of our efforts the baby was taken without notice and put into foster care. We were told at this point that we had to involve ourselves in a STARS foster class in which they would send paper work, they later refused. To make a long story short we gave all requested information from tax returns to criminal and medical reports. We complied with all that was asked of us, we also upgraded our home to include an exclusive bedroom for my niece and have attended all court dates and complied with all visitation requirements. Our home, our records, references have all checked out with flying colors and high reccomendations. After one year abs 9 months later and over 3000.00 dollars spent CPS have discountinued our visitation with my niece and the courts have remained opposingly passive in the matter sideing with the CPA- making no specific reason why my niece cannot be in her family. We are also currently raising her brother and have raised him since he was 2 years old he is now 8 – we gave legal guardianship of him awarded through the courts. He has been debarred through the entire process as we have. I pray every night, God knows our sorrow- and our need for answers.
Comment by John Osborne — September 5, 2010 @ 2:32 pm
John, I think the state administrative hearing process would have helped a lot at the beginning; I’m not sure about now as so much time has elapsed. You could still try it. Leave no stone unturned.
Comment by Linda Martin — September 6, 2010 @ 10:15 am
My niece who has terminal brain cancer just had her 13yr old son removed from her home due to false allegations made by the son. He was using drugs and running away and basically decided to “get even” with her and that he has. He is not living with a foster family but instead “he” requested to live with his mothers cousin (very wealthy). Not once did CPS contact his grandfather, great grandfather, aunts, uncles… no one. We have been living with his bad behavior for over a year now and have a lot of information that you would think CPS would be interested in hearing. I always thought their goal was to reunite families but was I ever wrong. The family he is living with now screens all the phone calls so that no one else can talk to him, it is like he has just fallen off the earth. It is such a nightmare of burocracy and she only has about 9 mos to live. I don’t think she has the time to fight CPS, she is in the state of Washington.
Comment by Kaleen — September 13, 2010 @ 9:04 pm
I am a grandmother was has been denied temporary custody because case worker does`nt like my hostile (unfriendly attitude) she even falsified a court order to ensure I was denied. I`ve been looking for an attorney to help bring this women to justice. It seems they too are above the law, (CPS) does anyone know an attorney willing to battle the state of washington?
Comment by denise — October 6, 2010 @ 3:28 pm
2 years ago, my daughter and her husband had a baby. Just because she had lost previous children to a screwed up system in another state, which we adopted to keep the family together because we were given no other option, she was reported to NY CPS and they tried to take him. They were unsuccessful. Last week, they had their second child and CPS was called again. They took the kids into “respite” care and are investigating. We can’t find a lawyer to take the case and the clock is ticking. How can we get them to stop this? They have said they will release the kids to their father, but only if my daughter moves out of the house during the investigation. The baby was a month early so they did a drug test on her and it came back positive for cocaine. She is diabetic and we learned that insulin can cause a false-positive result like this. They sent out another test that we are waiting for the results on. It seems somebody rushed to judgement on this and instead of waiting for the results, CPS used this a reason to “steal” my grandchildren from their loving parents. Her husband just came back from a tour in Iraq a few months ago. Haven’t they been through enough? What can they do? Can someone help us find the help they need to get through this? He is scheduled to be stationed in another state by March, 2011. How can we expedite this? Is it possible?
Comment by Val — October 22, 2010 @ 1:52 am
Val, does your daughter have an attorney to help her? She can move out and let her husband take care of the kids if that’s what he wants to do but it sounds like a hardship if he’s still in the military. Are you gathering documentary evidence of the false positive and … do you have an expert witness to testify? If they sign a guilty plea they give up the right to a trial.
Comment by Linda Martin — October 22, 2010 @ 3:20 pm
Linda, thanks so much for you website, taking all of the time to help people is such a wonderful thing to do, they don’t care about are children, if they were there children going through this that would be different.
Comment by wendy Hager — October 23, 2010 @ 9:38 pm
Thanks, Wendy.
Comment by Linda Martin — October 24, 2010 @ 8:33 am
I would like to know how to file for a administative hearing in CO State.
I am a special respondent in my grandsons case and I am a certified foster adoptive parent in another State
Comment by patty — October 24, 2010 @ 10:00 am
Patty, contact the state department of social services in the state you need to file in, and ask to talk to the hearings department.
Comment by Linda Martin — October 24, 2010 @ 11:36 am
i live in ca. my youngest, is currently with her adopted father who almost 3 yrs ago abused he causing her to be taken from the home. my attorney isnt doing anything he is court appointed and they are treating the adopted dad as gold! theres still continued abuse, my daughter is ten and since july this yr shes gained over 40 lbs and has a cholesterol level of 214! i need someone in cali to help me stop this!! case is still open so what can i do? please, any one help me???they are killing my daughter very slowly!
Comment by bessie — November 14, 2010 @ 1:28 pm
Bessie, you can register at our message board for feedback on your case.
Comment by Linda Martin — November 15, 2010 @ 3:16 pm
Has anyone ever been to the FBI to file a complaint?
Comment by Diando — December 2, 2010 @ 12:09 pm
Diando, a few years ago people were talking about reporting CPS to the FBI. I’m not sure if anyone did.
Comment by Linda Martin — December 2, 2010 @ 1:20 pm
Thank you very much for your advice. I do have one question they have not served me anything I have not been in front of a judge it is just word of mouth. They told the people not to let me see them or talk to them. I never got anything on paper.
Comment by Debbie — December 17, 2010 @ 4:55 am
Debbie, you still have a right to a state hearing which is in-house done by the state department of social services, not through juvenile court.
Comment by Linda Martin — December 17, 2010 @ 12:40 pm
Linda -
I need to know if the 4th Amendment will work for my case. In a nutshell, my two minor children were taken in July 09. I read your website and I have a judicial review on 12/23 to terminate parental rights. At first I was going on getting that petition dismissed with all the half-truths and flat out lies in the petition (I never realized I could speak up in court – but I knew my lawyer was crap.) Anyway- your site reminded me of what my (at the time) 20 year old autistic son said (I wasn’t there when they arrived) .. he said he came back from a walk and the investigator was there with the cops and animal control. They wouldn’t let him back into the house AND they threatened to arrest him if he didn’t let them in so he did. That IS coercion. And I also violates the 4th Amendment, right? What do I say if the judge refuses to dismiss the case with that?
Vicki (sorry if it’s too long. I just found your site and can’t find your email yet.)
Comment by Vicki — December 21, 2010 @ 6:58 am
Sara and Tara, I wish you could understand how very abusive CPs is at its core. This is supposed to be a country where individual freedoms predominate, and where no honest man or woman need fear the government. It is simply not the Constitutional role of government to decide whether someone’s house is too dirty, whether the children are playing outside too late at night, or whether a mild case of depression or a reading disorder disqualifies a loving parent from ever bringing a newborn home from the hospital. What a sad and horrible irony, that in the quest to prevent harm to children, CPS actually inflicts horrific emotional and economic harm on children and their parents. If a crime has been committed against a child, then it should be a matter for law enforcement, not social workers. CPS takes children away from good parents for things that don’t even approach the level of a crime. I’m sorry, but this is the hard reality, no matter how much you may try to idealize or excuse it.
Comment by A Mother's Heart — December 22, 2010 @ 4:58 pm
Vicki, don’t just talk to the judge, instead put your story into writing – a declaration of facts will become a part of the court’s records.
I don’t think that at this point a 4th amendment violation would stop your case from TPR, but you could still sue the people who did that, in federal court.
For TPR: (1) Don’t be coerced into signing away your rights with a promise that you’ll still get to see your kids. Most of the open adoption agreements are not based in law and adoptive parents don’t honor them.
(2) Request a trial; bring legal documents like the declaration of facts, Objections and Corrections to the Report of the Social Worker, and as many expert witnesses as you can find to testify on your behalf.
Comment by Linda Martin — December 23, 2010 @ 9:44 am
what can i do if cps is delaying services to the point where they are trying to get my rights terminated…i was not even notified that they changed their goal from re unification to termination and adoption…the judge even said cps wasnt doing their job but she didnt make them change the goal back to re unification
Comment by christy — January 1, 2011 @ 3:12 pm
Christy, please join us on our message board for feedback on your case: http://forum.fightcps.com …
An administrative hearing is a good idea to compel the social worker to provide court ordered services. Unfortunately it also is another three or more months down the drain at a time when you don’t have much time left. I’m not saying don’t file… but maybe we can come up with additional ideas for you.
Comment by Linda Martin — January 2, 2011 @ 12:58 pm
I have been involved wth dcps for over 11 years by I believe to be the father of my son devin. To make a long story short, My son was taught to use the system to get his way. lost custody of my son n may of 2010, They released my son to his dad n canada who was thrown out of the country, had a drug problem,He has always slandered my name to devin. This last incident took place in Montreal, after my son went to canada he was placed in a locked facility for acting out. His father wasnt honoring my monitered calls and i still had legal custody and wouldnt give me any info on my sons whereabouts. 3 months into devin being there.His dad couldnt deal with him didnt want to deal with him and upon me returning back to la from a visit devins dad insisted i take him to la with me so i did. child protective services got invoklved on a non detainable case. Over the last 4 months i have tried to get my son the help he needs. He was not interested in coopereating with me so childprotective servces gave me a choice to send devin back to montreal where he is not a citizen or place him in a group home and i suggested devin go home for a vist to dad and come back to la and get reassesed for the pheonix house in la. My socialworker lied to me and said no. There is so much more to this story. My son has been in montreal for 2 weeks and we never went to court and he wants to come back here. He is 14 years old and is crying out for help. Please help us.
thank you
Karleen
Comment by karleen — January 2, 2011 @ 11:47 pm
Karleen, this sounds like a complex situation and I honestly don’t understand it well enough to suggest anything at this time. I hope you have a good attorney to help you. Having an attorney is the best way to deal with CPS whether you’re going to court or not. If you would like to register at our message board and explain more you’re welcome to. http://forum.fightcps.com
Comment by Linda Martin — January 6, 2011 @ 12:05 pm
jrose- From recent research, the number of suicides caused from CPS/DHR is becoming a widespread epidemic. Unfortunately, my brother-in-law took his life just 2 days after opening his front door & allowing a social worker into his home. The social worker had told both him and my sister, (whom was only 3 months pregnant at the time) that DHR would take the baby into their custody, as soon as it was born. All over false allegations that were never proven to be true. My brother-in-law was extremely excited that he was going to be a father. He has just completed everything necessary to join the Navy. The day he died the Recruiter was scheduled to take him to Montgomery to be sworn in. My brother-in-law had just endured some very hard times. He had recently lost his Mother very suddenly, & was still stuggling to cope with the loss of his Grandmother. Immediately following the visit with the social worker he did attempt suicide. My sister rushed him to the hospital, however the Doctor that treated him told both him and my sister that there was nothing he could do. Sadly, the next day my brother-in-law succeeded at taking his life. He was 21 years old, and has a beautiful baby girl who is now 2 and looks just like him. I went to that same hospital 2 weeks after his death. I spoke with the nurse that had taken care of him the night of the suicide attempt. She told me something that will always haunt me. He was crying and telling her about how happy he had been, & how much he had accomplished, to make a good life for the baby, my sister & him. He told her that all of his happiness suddenly vanished the instant the social worker told him that DHR would take the baby from the hospital immediately after it was born. He told the nurse that he no longer had anything to live for, & asked her to pray for him. The nurse also told me that what he said to her would stick with her for the rest of her life. I believe with all my heart that if the American People come together, someone out there will listen. It might require some work, but I am up for the challenge. These people need to be put back in their place. They have been given the power and authority to play God. Oneday they will all have to answer to the Good Lord,and I pray every night that God has MERCY on their souls! GOD BLESS EVERYONE!
Comment by Jennifer — January 7, 2011 @ 10:09 am
Jennifer, there are a lot of people out here who care for your family and about what happened to your brother-in-law. Thank you for sharing your family’s story with us.
Comment by Linda Martin — January 9, 2011 @ 2:23 pm
I would like to know if any one knows of a support system in Seattle Washington for natural parents and their families to seek help on fighting for there fundamental rights to raise their own loved one? Regardless of CPS false allegations and their ways to investigate in a improper way for example cps filed two 3-day “temporary custody of child” but beings the newborn baby was in hospital due to birth defects that were no way related to drugs or alcohol, CPS filed a 30-day hold on baby. Then when it was time for baby to be discharged from hospital to go home with Mommy and Daddy CPS sent baby home with a foster parent. My point is the mother and father cared for their newborn baby and was monitered by hospital nurses, doctors, social workers, and other parents for nearly 2 months. That should be enough proof to prove unfounded abuse and neglect that CPS was allegedly accusing this family for.
Any feed back on this comment would be appreciated.
Comment by Rhonda — January 23, 2011 @ 8:47 pm
Rhonda, contact http://www.washingtonfamiliesunited.net
Also, Senator Pam Roach: http://pamroachreport.blogspot.com
Comment by Linda Martin — January 24, 2011 @ 10:36 am
There is one road block that I would warn people against that was not mentioned here.
In my home state(Pa.) I did file for a state admisnatrive hearing prior to my children being declared dependent(based on risk alone). They sent me back an order to show. There ground were lack of jurisdiction because since I filed the children were declared dependent. I was not appealing or raisng the any issues about depency in the Admin. court which the law states you can’t do. Of course the Judge accpeted the motion.
My original motion specifically raised issues about the policies and procedures within the counties system.
By the time my motion to show cause was due I moved out of state, (a month after I motioned the court to end dependency and was denied) the CPS case was closed, dependency dismissed a month later. But they still referred the case to my new state 5 days before my home states CPS motioned the court for termination of dependency. The cause was all services were successfully completed that caused the dependency. The new state received the referral investigated and closed the case,
In the mean time my oldest visited her grandparents back in the home state. Our child continued counseling. The grandparents informed the new therapist of past events. The therapist questioned the child about abuse. The child discussed past events that were ALREADY investigated. That therapist reported it. A referral was sent to the new state even after two investigations! This time however in the new state what was reported is considered a crime the case is closed. I’m looking into ways the home state can stop referring cases for the same allegations which always end up unfounded. We are also suing the home state for giving the courts false information which lead to the dependency as well as one of our children being sexually abused in foster care which lead to all the children’s return to us.
Comment by Lisa — March 13, 2011 @ 3:46 pm
I would like to note the risks were stated as this: parent/child conflict, and ongoing adult domestic violence. This report was given by a police officer I called because my oldest child was being physical with me and siblings which I had made report against for improper conduct 2 months previously. There never was any adult domestic violence in my home and I refused the voluntary services which included drug testing, mental health services, parenting classes, and I refused to place my child in a residential treatment facility until further testing was done to determine that was what was needed.
Through there Drs. they diagnosed many things. For me I became very ill from prescribed medication as well as the stress and emotional upsets of my children being taken and my child being sexually abused. When I moved I git very good Drs. and all the diagnoses and meds were not even needed. I weighed 97 lbs, had severe vitamin deficiencies which was affecting my physical and mental health. Since moving I am back up to my weight, no meds. and am being followed by very good private Drs. As well as my child. She was recently diagnosed with severe depression w/psychotic tendencies, and adjustment disorder . She was diagnosed and began treatment @ one of the top 5 psychiatric hospitals known in the world(bite that CPS). She also was declared that she is in need of special education. This could have been found sooner if CPS would have stopped deferring for 2 years. We all still are in therapy for what we have gone thorough and might be for the rest of our lives! But things are better but you always have that fear, even in therapy!
Comment by Lisa — March 13, 2011 @ 4:08 pm
Administrative hearings? CPS will force you to accept one whether or not you ask for it! The same woman who will conduct an administrative hearing for my daughter, was the same woman who sent her a harrassing letter stating that if my daughter would not ask for a hearing, she would have one for her without her presence! My daughter is going through this, even though a month earlier she was found to have no role and the case was closed. I’ve realised that CPS does not abide by their own rules/regulations, the US Constitution, the Declaration of Independance, nor any federal or state law……..they are running amok and having kangaroo courts with people who make up their own rules,etc… this needs to stop. Innocent people are getting hurt and the guilty ones are going free, which is the case with my daughter. Unfortunately….racial discrimination has also occurred, which is just so sad, it has not died off in Texas. If you don’t have thousands of dollars, or can find a really good, honest lawyer, be ready to start bending over!
Comment by Elizabeth — May 15, 2011 @ 10:56 pm
Elizabeth, the administrative hearings are conducted by administrative law judges provided by the state department of social services. These are not the same as juvenile court hearings.
Comment by Linda Martin — May 16, 2011 @ 10:04 am
How or who do I go thru to get an order done on my case. It’s 3 years and they are lying to my son and me. I never had a visit. They are all in cha-hoots together. My so-call attorney even doesn’t want to help me. I even sent him that letter from this site to him. Nothing is helping..
Comment by michelle — May 18, 2011 @ 3:13 am
Michelle, you never had a visit with your son, or nobody ever visited you? In three years? Usually after three years a case is over. Please join our message board for feedback, and explain more of what’s going on … thanks! You will probably have to do your own motion if your lawyer won’t help. Explain to the judge that your lawyer is no help at all.
Comment by Linda Martin — May 18, 2011 @ 9:42 am
Hi Linda, unfortunately, this is not an actual formal state administrative review/hearing that is held by state and with a judge. This is a phone administrative review hearing that my daughter is being forced into, and will be done by the same CPS worker who sent her the harrassing letter. This same person will also be the one to decide. How do we know that she is a CPS worker, her recorded phone messages that she left at our home and it’s not everyday you get a call from a state judge. Like this person stated on the letter that she also sent her, my daughter will receive a hearing with or without her presence or without ever asking for one.
Now are there laws/rules of standing/procedures against what my daughter was told, you betcha! You must ask for one in writing, and you also have the option of having a formal one. Most don’t understand there is a HUGE difference whether or not you ask for an informal or formal administrative review/hearing. Never accept an informal one!
You have to understand that CPS never uses any kind of constitutional law, state or federal regulations. The power they receive can only come from one of two sources: the people they are harrassing are the ones to give it to them or they are making up their own personal rules as they go along, which can only be biased.
I’m some what familair with contract law, so I view any letters from CPS in a different manner than most would. Many things we do in life are based on our signature. Most times it’s brings us happiness, and many times we give it the power for others to use against us, even when we are innocent and have become a victim. The reason CPS has been hounding my daughter is just unbelievable and I wish it could be shared here. Let’s just say someone else failed to do their daycare duty when the child was in their care, but since my daughter and her co-worker usually have the identical twin child in their room, these two girls are getting charged with neglect! The teacher responsible that day, they didn’t report her. So, yeah, there’s some definite mess going on there…..politics! The innocent will continue to suffer unless someone is willing to take a stand for them. My daughter cannot afford much for a lawyer, and even though she qualifies for free or low cost legal aid, they don’t deal with anything that has to do with CPS. Sad isn’t it.
Thanks again, Elizabeth
Comment by Elizabeth — May 18, 2011 @ 11:21 am
Sounds like a complex case, Elizabeth. So your daughter isn’t the parent of the child, but CPS is still reviewing the matter. So sorry she’s been falsely accused. I know what that feels like!
Comment by Linda Martin — May 19, 2011 @ 1:56 pm
What do I do when I’ve been involved with CPS for four months,I want to move back home. And they keep telling me they have yet to hear back from Juvenile courts. In the end everything I accepted to because I thought would benefit my daughter is in fact hurting us.
Comment by Amber — July 23, 2011 @ 12:29 am
I applied as child careworker, but did not get a clearance due to a child neglect case in 1992 did all their requirements to obtain custody of my kids, do u know if there any statutory time, i had a administrative hearing waiting on a decision do you think its possible that the judge may overturn this decision based on the time frame and my kids were return back in my custody and was until they turned 18 they are now adults. CPS worker says they are their indefinitly so what the point of a hearing?
Comment by Eva — September 24, 2011 @ 7:03 am
Never new i had a child neglect case until I applied for a child careworker & didnt get clearance its been 20yrs, due to a past drug problem my daughter was born addictive, threw the hospital cps was involved after meeting with the social worker they gave me goals to complete I done them& completed them my kids were put back in my custody & currently still involved in my rehab, had a administrative hearing do any one no if the Judge can overturn this decision & also I applied as a childcareworker also at a girls group home & got clearance, but applied for anothet group thats when the neglect was found states they over look it, how will this affect my job I am at now because of the 1st clearance a bad decision will put me & my six yrs old in hardship because if the judge denies it I can lose my job what can I do!!
Comment by Eva — September 24, 2011 @ 9:29 am
It has long been said that Caseworkers who remove children from their homes are being given Bonuses for the removal of children. It is also said that Children placed for Adoption (and Termination of Parental Rights also known as TPR) bring the caseworkers additional Bonuses. This practice is morally unethical and must be stopped immediately. HERE IS THE ANSWER TO THE CASE WORKER THAT STATED WHAT DO THE CASEWORKERS GET WHEN THEY KIDNAP YOUR CHILDREN. VERY MUCH YA’LL GET! TOO MUCH!
Comment by Marilyn — September 26, 2011 @ 5:34 am
Eva, regarding your listing in the “central index” the laws for getting off the list are different in every state. Check this site: Review and Expunction of Central Registries and Reporting Records: Summary of State Laws.
Comment by Linda Martin — September 26, 2011 @ 1:12 pm
My husband is a sex offender from a plea bargain during a case in the late 90s. He did all his requirements and is on registry for life. We’ve had open cases before because we have 3 children together. They always closed “unfounded”. We just moved to PA and a case opened but they immediately made my husband leave the household, take a 350 out of pocket psych exam, made me take one, and after all this (3 months have passed), he is still not allowed to come back until he takes a polygraph and him and I take counseling. We never had to do anything like this in the state where the conviction occurred and I don’t know if they are overstepping their bounds. Please help us.
Comment by Maria — December 21, 2011 @ 11:50 pm
Maria, in most states that is standard procedure. If you let your children back into your life on any level they can use that as evidence and rip the children out of your home. Beware!
Comment by Linda Martin — December 22, 2011 @ 4:09 pm
The kids are still with me, its my husband who they made leave. What can I do? I don’t want to move back where the conviction was.
Comment by Maria — December 22, 2011 @ 5:36 pm
Maria, there’s not much you can do… but you should have an attorney. The caseworkers already have all the evidence they need to justify to themselves what they’ve done. They will keep you under surveillance to be sure you’re not contacting your husband. You can get feedback on your case from our message board.
Comment by Linda Martin — December 22, 2011 @ 5:48 pm
please i need help badly…cps took my kids under stupid stuff for ex-putting my 4 month old in a walker…and put them into a foster home with 10 kids who dont have time to deal with my 3 kids who all have disabilites…..especially when there is family availible to take them asap…570-418-1438
Comment by tara — March 1, 2012 @ 12:56 pm
My six daughters where taken away and cps is lying about what was said they are trying to force my wife to say that i beat her and the girls and they have done no investigation there have never been any incedents bruses or any abuse whats so ever they are taking the word of my 14 year old who is pisset off at me cause i wont let her have a boyfreind. I HAVE NEVER BEAT ANY OF MY KIDS OR WIFE, my wife would kill me if i ever did what can i do!!??
Comment by alexcarranzajr — April 23, 2012 @ 9:56 am
I had 2 of my 3 sons taken from me plus my 7yo daughter. Cps lied about my own story and added extra accusations about the fathers involved. How can u trust a system that is based on lies??! They took all my children statimg it was because of bipolar depression and abusive men. I got meds for my depress and men out of my life yet they refused to give my children back. I did an appealq…it did nothing. Now I have no children and I’m old with no one to take care of me. I.hate cps with a Passion. They are a legal baby market. They will steal your child for an imagined reason. They are part of the sissentigration
Comment by jessie meredith — May 15, 2012 @ 12:49 pm
…part of the disintegration of the American family. They are evil and need a stay of checks and balances. Who died and left Cps king of kings???!
Comment by jessie meredith — May 15, 2012 @ 12:53 pm
Is there any legal recourse I can take against a state that takes my
3 sons and daughter to leave me old and alone???
Comment by jessie meredith — May 15, 2012 @ 12:58 pm
Cps violates the constitutional value innocent until proven guilty and perverts it into guilty until proven innocent.
Comment by jessie meredith — May 15, 2012 @ 1:26 pm
Jessie, if a lot of time has gone by there’s not much possibility you can sue, because of the statute of limitations. But you can check with a local lawyer to find out. Many lawyers still will give a short free consultation.
I’m very sorry to hear you’ve lost your children. If they’re older now, could you find them on Facebook? Many parents are finding their children there.
Comment by Linda Martin — May 15, 2012 @ 10:34 pm