Who Will Prepare Your Case?
This is something I wrote and posted long ago; it has been linked on the right-side column for several years. I’m bringing it to the blog section of the site now because I’ve been getting a lot of comments and emails saying “Please someone, do something to help me!” I think these people need this message. Plus, I want to bring all those old articles into the blog, so expect to see a lot of old material crop up here in the coming months. - ljm
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The caseworkers almost always go to court working against you. At court the judge can and often does rule in favor of the families and against the social meddlers.
Be dignified around caseworkers - do not lose your temper. Do not let them see you in fear. Do not bother trying to kiss up to the caseworker. Do not try to give them more evidence of how good you are. Your evidence is to be shared with your lawyer and presented in court to the judge or juvenile court referee. If you give evidence to a caseworker you’ll find out everything you say can be twisted and used against you. This is a LEGAL case. Caseworkers are not nice friendly do-gooders trying to help you.
Caseworkers are your adversaries, though they are very deceptive and pretend to be your friend so they can get more evidence against you. What they do is practice sick deception for family destruction. They spend their days preparing a case against YOU.
To win in juvenile court and get a judge to rule in your favor, you must be able to present “a preponderance of the evidence”. That’s the standard of proof needed in juvenile court. To come up with a preponderance of the evidence, you must give the court more documentation & evidence than the other side.
Listen, very few of us are ever gifted with a good lawyer. We won (those of us who did) through our own hard work. We gathered the evidence. We documented things in writing and on tape. We typed up our own legal documents. We learned how to do it because we had to, for the wellbeing of our children trapped in the inhumane child “welfare” system.
If you feel you can’t type your own legal documents, then find a typist or paralegal to do it for you at a lot less than an attorney charges.
You can give your compiled legal documents and evidence to your attorney for review. Be sure to do it a few weeks before court so there’s time for the attorney to look it over and file it at the county clerk’s office for you. If the attorney won’t talk to you send the documents via certified mail along with a letter demanding his time and response on the documents so you’ll be prepared for court. You deserve fair representation - be sure your attorney knows you’re aware of the law.
If it’s too late for that - prepare legal documents anyway. The judge may accept them in court. Be sure you have plenty of copies for the judge, your attorney, the child’s attorney and the CPS attorney. You may have to ask for a continuance while your attorney deals with your compiled legal documents and evidence.
Use online resources, and help from friends, but mainly - it’s up to YOU.
PREPARE for court.
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Written by Linda Martin for Fight CPS.
That is the best advice you can give. Anything you want the Court to know you better put it in writing, words are forgotten and twisted any way. Once you get started its not so hard
Comment by Lisa Smith — May 29, 2008 @ 9:43 pm
I really appreciate reading your advice. I have had CPS in my life for years, when I lived in the state I grew up in, in the two other previous states and now in California. My mom called on me a lot..most were unfounded but instead of helping me, I had to place my daughter with a friend and lost her in court to that friend! CPS was allowed to testify in that hearing even though CPS didn’t take my child from me! Now it seems I may lose my 4 daughters(14,12,8, and 6 months). The worker acted like my friend and when I told her a few things she asked me she wrote them down..then wrote all other states I have lived in for their records, and told her supervisor I lied and didn’t tell her everything! I had signed up for voluntary extra services as I thought I needed the help…but did the worst thing possible as now the worker claims she had to request longer voluntary services and that opened up the need for a court investigator. I am being told that this person will review all my past CPS records, ask me questions about things and decide wether my kids are removed or if I can keep them with me while doing what the court wants me to do. My charges are neglect and well actually I don’t know what else. I was in an abuse shelter earlier this year do to my husband and had my baby girl, I didnt have insurance and wasn’t given Medi-Cal..so her shots were late, up til her 6 month shots. I tried to get insurance..also had no money to go by bus to the clinic and waited for weeks for the bus pass the worker promised me. She really set me up to fail on top of my actual mistakes. I am talking to a lawyer(I got my stimulis check so all that may be going there instead of for my kids new school clothes). This is really horrible. I suffer from depression and am now back on my med. However also now worker wants me to get a psychological eval(I had one three years ago..she said oh no, we need one from at most a year ago). I really fear I may lose my kids. The worker also read to me what another state said..a lot of lies. I was never hospitalized numerous times for my mental health, I never lost my kids in court to CPS(her supervisor said AZ records said I did). I cannot believe these people can lie and take my kids like this. My kids are old enough(except the baby)and voice their opinion to me, they have all three said they don’t want to be taken away. It will kill me if I lose my kids, they are my life. How can they just say whatever they want and not have to prove a thing. I have never been in jail, don’t drink or do drugs. I am a Nurse and take care of the Elderly. I am not a perfect mother as I am learning(I had no parental role models growing up). My husband is in the Navy so maybe something they can do to help. I am gonna go see the Navy legal Aid Monday. I have been crying even and now it is 12:30am. I am in shock and terririfed. My husband is away at Sea near Iraq for 6 months…so I don’t even have any support to help me get through this. I heard today the 400 kids from the TX compound have been ordered to be returned, I don’t get it. I have done nothing so wrong that I should lose my kids. Sorry for going on and on but I feel like I am lost. I feel like I am in a nightmare and I want to wake up so badly. Thanks.
Comment by Noel — May 30, 2008 @ 12:29 am
My ex-wife submitted three referrals against me, all DENIEDsince our divorce in 2004. The county tells me I have no right of due process, a writ, or 5th amendment rights and any avenues to expunge the record unless it is a Cat II or higher. The best CPS can do is state untruthfully, “I don’t Cooperate.” I requested a detailed account with an explanation to qualify the term ‘Doesn’t Cooperate” They respond, the worker is no longer employed and that is good enough to use against me in my ex-wifes FOURTH attempt to file a referral. FOC has never taken away my custody rights until now, and it is based on the Three previous Non-substantiated reports, in which I had no due process, no writ and apparently no 5th amendment rights. Does anyone have infomation on how to challange CPS on Cat. III, IV and V cases other than “Objections and Corrections” statement?
Comment by R.Schmidt — June 5, 2008 @ 2:52 pm