Your Case Notebook – Is It Up To Date?

You all have notebooks, right?

Is your notebook up to date?

A notebook, preferably spiral bound or a legal tablet, is a handy place to keep a running record of everything that happens in your CPS case. The caseworkers are keeping notes on you in the case narratives section of the case file. You should be keeping notes on the caseworkers. You should have a record of every contact that occurs during the course of your CPS case.

What can you put in your case notebook?

How about:

⇒ facts on the case (what really happened)
⇒ notes on every phone call
⇒ notes on every meeting
⇒ notes on every visitation
⇒ contacts with expert witnesses (you NEED them!)
⇒ notes about the court hearings
⇒ notes on anything out of the ordinary that happens
⇒ counseling appointment notes
⇒ notes about the psychological evaluation
⇒ a record of all drug tests and results
⇒ reminders about the date of the next hearing
⇒ visitation notes
⇒ foster parent names and contact information if you have it
⇒ notes on all contacts or attempted contacts with your lawyer
⇒ notes on your daily activities

About this last item – it is helpful to have a running record of where you were and what you were doing at all times in case something happens such as what happened to me during my last CPS court appearance, which was way back in 1990. More than eighteen years ago! I was in court for the six-month hearing and was informed when I got there that my child’s paternal grandmother had accused me of being with her son, which in my case was a bad thing because the case was based on him battering me. I was there to tell the court he was no longer in my life and that my child would be safe with me.

Apparently she claimed that her two youngest children had seen me riding with him on a moped a few days earlier. This was totally untrue but she had the accusers write statements for the court saying they’d seen me with him. The court postponed the hearing for another day and that gave me the opportunity to write a declaration (affidavit) explaining where I’d been at the time the younger sibilings said they’d seen me with their older brother. I also got a supporting declaration from the person I’d actually been with. Fortunately I knew exactly where I’d been at the time, and the court was convinced I was telling the truth.

This is just one example of how an ongoing, frequently updated case notebook could save your family.

This posting is here to remind everyone to keep a case notebook and update it often. If you have any other suggestions about the kinds of things that should or shouldn’t be kept in a case notebook, please add your ideas in the comments section.

On our message board: A list of things to include in your case history

Filed under: Legal Issues — Linda Martin @ 11:36 pm

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Don’t forget copies of documentation letters and reports to the court.

Comment by Sarah T — December 9, 2008 @ 4:53 am

Excellent post. As a retired lawman, many times our notebooks were critical to our court credibility. Some other suggestions regarding this from experience. I represented myself through a 4 yr custody battle & won custody of my daughter, now 24.

1. Every time an entry is made, be sure to include small details: date, time, place, others there. Do it each entry faithfully.

2. Carry a small notebook/pencil (no ink to run out) on your person for notes to add to your journal later.

3. If you use a small recorder, transcribe the recorded details/conversation into the journal, with a note included that you wrote down all you remembered of the conversations as soon as you could. That way no charge of recording without permission.

4. In court, testify from COPIES of the notebook, leaving the original in a locked safe place. If a judge orders you to surrender your journal/notes, you only lose the copies. Same with any photos or other evidence to be used.

5. Be VERY diligent in keeping notes on case workers. At my daughter’s first hearing, I overheard the CPS worker who had testified she wrote the detention report, speak to one of the attorneys in the case. She said she did not know who had written the report, and right then in court was the first time she had even read it. By saying this, she admitted to perjury in court.
I later made use of this fact during mediation with the 4 lawyers, CPS supervisor & a worker to get the kids placed with us temporarily (Gram & Gramp).

6. As I have taught in my college classes, most people put themselves in jail with their mouths by talking too much. Same is true here. CPS is not your friend, so be sure to note every trick they use to get you to say what THEY want you to say. It is all about job security & money for them; the better and more cases they have open, the more $$ they have coming in & assuring a paycheck for them.

Lastly, your notes in the journal can be essential in the case of a civil lawsuit and/or should you be asked to testify in a Grand Jury investigation.

Grand Juries have tremendous power & authority to delve into any aspect of local government operations. Many years ago, a Grand Jury report caused a complete reorganization of the CPS agency in San Diego Co. It all started when a father was wrongly accused of raping his 11 yr old daugher even though the daughter said it wasn’t him. CPS was trying to cover up the police unwillingness to find the real rapist.

Great site. Let’s all work to get more folks involved here.

Comment by Al Ferguson — December 9, 2008 @ 1:03 pm

Are computer documents ok to use? I’ve got a bag full of every court doc, letter, police report, etc, but I’ve also kept files & updates on my pc.

Comment by Susan — December 10, 2008 @ 6:01 am

Dear Parents:

I frequently correspond with CPS in Washington state through E-mails!!! We all do it to friends and family members right? The E-mails can be used againt CPS for it is considered a legal document and they cannot deny the things they tell you and then say something different in court. Do you catch my drift? I cut and paste my and save them for a court hearing. I continually request documents and keep detailed files, but the suggestions I just read were even more detailed than mine. Good Idea!!

Keep fighting!

Debra Braxton

Comment by Debra Braxton — December 11, 2008 @ 1:43 am

To Susan:

Electronic documents are one of the listed requested documents by attornies. I have used everything in my possession and give copies to my attorneys. Scan your precious documents and keep the flash drive in a safe place. I hope this helps.

Comment by Debra Braxton — December 11, 2008 @ 1:47 am

Try to record all contact too. I attended a so called best care plan meeting and informed them there I was. Then when I was recording in access they tried to stop me on the grounds they did not give me consent. At this time she had actually abused my son, and I recorded it. I informed her I had a recording of the meeting where I informed Wendy and Wendy said O.K. They have tried many times to prevent em, and to prevent me taking pictures of injuries, abuse, hidden monitoring devices of theirs etc, to no avail.

Comment by Bonnie Arnold — December 17, 2008 @ 2:45 pm

I have a question for anyone who can answer this…….A Lawyer for DHS/CPS sent my sister’s and my mother and my brother, a court order piece of paper (delivered by a sheriff) It stated on the paper that…..the Sister’s the mother and my brother who had not gotten it yet could NOT filing anything any more in the courts unless they use a lawyer to file the paper work and the lawyer had to be a licensed lawyer in the same state? The reason I asked is because my brother has been doing all his filing him self and my sister and mom have been typing it up and getting it all certified and the courts have been accepting all the paper work. It has gotten them pretty far to say the least. But can a DHS/CPS lawyer file such a thing saying you HAVE to get a lawyer if they are doing it right? Just wondering?

Comment by C NN — January 5, 2009 @ 9:38 am

This is news to me!!!!
In this country, one has the right to represent oneself.

Exactly what is the Order? What does it say exactly?

Comment by MaggieC — January 5, 2009 @ 7:27 pm

Well that is what I thought but here is how it was worded……………

Now on this day of December 29, 2008, this court finds that neither BLANK BLANK, nor any representative on his behalf, may submit any document or materials for filing in the BLANK County Circuit Court’s records to the Circuit Clerk or Probate Clerk, unless such documents have been properly signed by an attorney licensed in the State of Arkansas, or such filing is authorized by a Circuit Court Judge of this judicial district.

IT IS FURTHER ORDERED that should the said, Blank Blank, or any representative on his behalf, attempt to violate this Order, the Circuit Clerk or Probate Clerk is to immediately notify a Circuit Judge of this Court.

IT IS FURTHER ORDERED that the Sheriff of Blank County, Arkansas, shall serve this Order upon the following:

Then it named all 4 people….my two sisters, my mom and my brother (who has been doing all the filing)

Have you ever heard of such an order???????

Comment by C NN — January 6, 2009 @ 5:49 am

It is also very important to keep documentation of each and every visit that you have with your children. I know personally that if the county, the case aides who are supervising your visits and the case worker do not like you then they will not necessarily always document the truth. I started keeping my own version of the visits and then at the end of the visit I would ask the person supervising the visit, “How did the visit go?” She would look at me like I was stupid and would tell me that the visit was great. Then I would respond, “I just wanted to make sure there are no discrepencies…
Never trust any of them, no matter how nice they may act to you. I have put my head in their trap more times than not. Never let your guard down. Even when you get your kids back, don’t ever feel you are done with them. They will always watch you, unfortunately. I am paranoid about them coming back even though I never hurt my kids. I lost them because I was a victim of domestic violence. But they “got a high” off of removing my children, according to a former case worker who was in the court room when the order was given to “remove” them. The word REMOVE sounds so sterile and clean but it’s not always in the best interest of the children.

Peace and best of luck to all.

Comment by Mother of CPS Victims — April 17, 2009 @ 1:29 am

Good point about documenting visitations! There’s a visitation report form in the legal document library here on FightCPS – that can be used to document and to send to the caseworker for confirmation of facts.

Comment by LindaJoMartin — April 17, 2009 @ 1:23 pm

i am so looking for real help?i have 3 boys in Calavaris Couny CA.ages151/2,141/2and 12.i have been trying to get the boys back after loosing them a second time as i violated O.P. against their DAD..and worse i selfmedicated w/drug usage..when i was told the boys were going to be removed the following day?big mistake i know..but this all started when i was arrested driving on a suspended..2 counts childendangerment..and we were homeless?i was scared out of my mind..49yrs old 1st time in jail..unsure what would happen ..i signed my kids into “fostercare”at which time they proceeded to build a case of gen.neglect…in aug2008…my oldest son is autistic..he has been injured in care and on both occations ..not informed by cps…it goes on and on…I AM FIGHTING>>>but i do not know who to go to for help..the P.D. basically has no time to fight my case and always convinces me to SUBMIT…ive asked for INTERSTATE COMPACT..back to owr home in ILLINOIS…cps says it can not be done this way??im tired of fighting alone i wish to be back w/FAMILY and FRIENDS..that cps says in court papers …i do not have…and like 3/4 of the case against me falsely presented to the to retain jurisdiction….ive thought to speak to the news…and thought to get a lawyer…but what i really pray for is a way to be heard with out being looked at as a crazy person?but fact is too i do feel alittle crazy…they took my boys…on incomplete and undetermind [in their words]and the rest is usually…inconclusive???its just a mess…i miss my boys…i just awnt to go back home to my 3 older kids and grandkids???any ideas??

Comment by denisebradigan — July 13, 2009 @ 8:33 pm

Denise, it sounds like they already have a lot of evidence against you and that you’ve been through a lot of traumatic situations. I suggest you do everything on your court orders to the letter. Keep documentation on everything you’re doing to comply with the court ordered services. Get as much as you can in writing so you can provide documentation of your efforts in court. Read this site and work with your attorney to prepare legal documentation to try to prove to the judge that you’re making efforts to get your children back. Have a home for them to come back to. Good luck. For more feedback on your case, try registering at our message board.

Comment by LindaJoMartin — July 13, 2009 @ 10:07 pm

my daughter got taken from me from birth, i made a mistake a took perscription pain meds while i was pregnant. i have done everything cps has asked of me plus more. i even moved into my own apt. so she would have a good place to come home to. the problem is the foster parents want to adopt the baby if she she was freed to adopt. i was so close until i got an unsupervised visit and the next day all of a sudden she had mysterious marks on her. why would i come all this way and do all the ask to do something that stupid. its funny now because in less then a month i go for a meeting for the trial discharge. ifeel like the foster mom is searching for something to just try and keep my baby. THIS IS NOT RIGHT

Comment by Eileen Otis — November 26, 2009 @ 11:08 am

I WAS ATTACKED BY MY SON’S PHYSICIAN AND THEN I WENT TO ER AND MADE A POLICE REPORT ON HER. LATER THAT DAY SHE CALLED DCFS AND SAID I BEAT MY KIDS FROM HEAD TO TOE. WHAT DO I DO ?

Comment by SHANA — December 23, 2009 @ 2:31 pm

DO I NEED TO FILE A CIVIL LAWSUIT OR A BATTERY LAWYER? MY SON WAS A WITNESS TO THIS ASSAULT. HELP!

Comment by SHANA — December 23, 2009 @ 2:33 pm

Shana, I can’t advise you on what to do. You need a lawyer. With a physician making that kind of accusation you’re up against a difficult situation. Please get the best legal help you can now, before this goes any further.

Comment by LindaJoMartin — December 30, 2009 @ 11:52 am

I am having to sign parental rights away. My son needs resourses that the state wont give him if he stays with me. I miss his so much, good by Brandon I love you.

Comment by Ken — April 10, 2010 @ 2:18 pm

I have a beautiful 2 year old little girl who CPS is trying to take away from me cause I was in the hospital cause my anti deppressant I was taking was making me feel worse and I had taken to many. This isnt like me. Now im gonna lose my baby girl and I dont know what to do. I wont be able to make it without her.

Comment by Melissa — April 20, 2010 @ 6:33 am

Melissa, please join us on the message board for feedback on your case. Stay strong and know that you’re not alone… we’re here to help you through this!

Comment by Linda Martin — April 20, 2010 @ 11:29 am

nine years ago my children and i lived in a small town, we had a problem with cps. my daughter now 21s having an issue with cps and due to the past issue in2001 cps will not allow me to have my grandchild??? what is wrong with this picture??? i was proven innocent of all accusations then and now this has destroyed my family!!! is the past ever forgiven when it was their mistake to begin with????

Comment by devastated meme — May 2, 2010 @ 9:51 am

Devastated Meme, you can apply for an administrative hearing to have the state review this decision, and get hold of your state legislators! Tell them about how the laws are being misused. Often when relatives try to get placement the caseworkers move the child from foster care to another relative’s home, but sometimes the original relative gets the child. Worth a try. Anything is better than leaving the child in a foster home.

Comment by Linda Martin — May 2, 2010 @ 10:02 am

I am being eaten alive by cps informants who are falsely accusing me of being a drunk and drug user. I think my husband is sending money to social services but my son and I don’t get a dime. I need to get on the record to refute these liars. What can I do? We have been so traumatized by what these people have done to us.

Comment by Jeanette — May 2, 2010 @ 1:15 pm

I think the suggestion to keep a detailed notebook of your information, phone calls, etc. is a FANTASTIC suggestion. The county I work for even provides a 1.5 hour class about how this can be helpful to you and your case, and gives a binder to help you organize your documents. Just the effort involved would show me the parent is serious about getting their child back or closing their case, and shows a lot of great skills for parenting, such as knowing where they can go when they do need help for medical, dental, community or mental health services, etc. It would help me see that a parent really doesn’t need us around, that even if an emergency came up, they’d know where to go to get help for themselves or their child(ren). And by using that information, it could help keep a potential future report from coming in. Advocating for yourself and your children is important!

Comment by CPS Worker — May 7, 2010 @ 10:10 pm

Hello, my daughter is very ill. The school nurse we believe reported that she may not be getting the proper medical care. We have been to 6 different hospitals and still they cannot find the problem. They are alleging that we are making this up and are trying to prove negligence. We have all of the documentation to support her illness and our attempted treatment of her. They have opened the case and are requiring a psyciatric family evaluation for the next 90 days. Who knows when this will end. Any ideas on how to stop them. They are interviewing my other children as well.

Comment by Rodolfo — May 18, 2010 @ 2:12 pm

a record on what people (and there names) that come to see your childern in foster care and in your home .

Comment by michael — May 22, 2010 @ 6:34 pm

my twin girls was taken from me when me and my girlfriend was at a drug test for work first . it all started when we had a group called CDSA come to the home and check there development . they were suppose to set them up with a development coordinater and a nutritionist . but insted they called cps and told them that our room was messy and there was weapons in the room (witch was a pocket knife) . also said the room was moldy witch its not . they claimed there was an ammo box in the room , witch there is it holds up my bed cause the bar under the bed is broken . the box is empty and has’nt had anything in it sence i last uesed 8 years ago . they tried to say we put our dog on the pourch to keep them out , but our dog was sick and we had put him there to keep an eye on him to see if he got better . my girls are 3 months old and now staying with my aunt & uncle . but CPS keeps comeing up with new stuff every day .

Comment by michael — May 22, 2010 @ 7:08 pm

im soo sick cps took my 3year old and my 7 year old my last court date is aug 28 im doing every thing thay told me i have passed hair folical and all other drug test i want to no if i have done every thing thay have asked and more can thay take away my rihgts and adopt them out i will die with out them

Comment by christy — June 13, 2010 @ 8:35 pm

This is my first time dealing with CPS and boys its a headache. what makes this so sad its not with my own children its with my granddaughter.

Comment by Shunta — July 6, 2010 @ 11:34 am

For anyone interested, I have used my and my son’s experience of 10 years and counting; to have developed an intense documentation system for families of children who are involved in CPS. Weather you are boyfriend and girlfriend, husband and wife, married or single, with a child or children involved with CPS -
this system WILL HELP YOU!!!
I am by no way shape or form selling anything; I am just sharing with you what I have come across as being exceptionally helpful to me numerous times over and has made CPS very angry with me more times than I can recall, and I continue to do so , In other instances it has also proved to help me save my very small family of two (my son and I).

Comment by Jennifer — July 7, 2010 @ 7:38 pm

After just posting that last message, I can see that there is no way for anyone to get ahold of me. So I will add my blog site here shortly……

Comment by Jennifer — July 7, 2010 @ 7:42 pm

Okay. Here is a blog that is a VERY POWERFUL resource. I noticed that it is under a “revamp” at the moment, however it will be back up by midnight tomorrow evening (11:59pm on 7/8/2010). If you know of anyone who has just become or is currently involved in CPS, or perhaps it’s yourself…..do them and yourself a very big favor…..VISIT THIS SITE AND BOOKMARK IT!!!!!
You will come back to it over and over again! Filled With VERY POWERFUL POINTERS & RESOURCES. Read, Communicate, Share and Comment with other familes that are at the mercy of Child Protective Services.
You will be be very happy that you did.

Comment by Jennifer — July 7, 2010 @ 8:27 pm

This site is far better than what I could have offered.

Comment by Jennifer — July 7, 2010 @ 8:44 pm

Hello. Any advice anyone could give me would be highly appreciated. to make long story short, i went to my pastor asking for help with depression id been dealing with. I went to another state for help with depression to a christian retreat center and arranged for my children to be cared for by childrens pastor of my church. However after being in the retreat center for 4 mths the kids were put into states custody because they lost their medical ins. since we were no longer in same home, and now…im jumpin through hoops. they are placed with my ex sis in laws. i get ONE 1 hr visit a week. supervised. I did absolutely nothing wrong. I need some advice please

Comment by Laura — July 19, 2010 @ 7:26 pm

Your Case Notebook – Is It Up To Date?

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