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Child Protective Services laws and agencies are abusive to families and children. This site provides support and information to parents falsely accused of child abuse by Child Protective Services.
FightCPS does not advocate or condone violence or illiegal activities of any kind.
FightCPS is intended to help people learn enough about the law to be able to successfully defend themselves and their families against false accusations using legal documents and strategies that put parents in a stronger position when they go back to court.
For more information, see the FAQ.
Child Protective Services, CPS, has devastated and destroyed hundreds of thousands of families in America during the last thirty years leaving a trail of broken hearts, broken dreams, and shattered childhoods.
Rather than helping families, government agents have used unconstitutional laws in Juvenile Court to rip children away from their loving parents, break asunder God-given, natural, parent-child bonds, and adopt the children of the grieving out to others who profit financially with large monthly adoption subsidy payments.
Child Protective Services must be stopped! The law that started this, CAPTA, must be repealed. We must work tirelessly to inform the public of this very dangerous travesty of justice. We must keep faith knowing that if there is a God, there is an answer and a way to end this heartache.
Child Protective Services Agents - please come to your senses! Family destruction on false or trivial grounds is wrong, reprehensible, and inhumane.
Fosterers - be aware that for the money you get you are holding much-loved children away from their grieving families while the parents are forced to perform a service plan that is anything but a service to them. I call this hostage holding for the government. This is not kindness - to help misguided government agents destroy family relationships and break loving bonds.
CPS workers and fosterers - I ask that you now let the children of the innocent return to their homes where they are truly valued, adored, and loved by the parents God gave them.
Family rights are God-given rights. And they should not be ignored or postponed. Every moment these loving parents and children spend separated from one another is a torment beyond what anyone should ever have to bear.
It is unworthy of human dignity to allow this terrorism and torture of families to go on without saying something, speaking out, and trying to make a change.
Site mission: To provide information and support for families attacked by Child Protective Services and child welfare agents, especially those families facing false or trivial accusations of child abuse or neglect; and for researchers working to protect natural family rights.
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Fighting Child Protective Services False Accusations
November 1, 2009
This is the guestbook for November 2009.
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Hi, I am the oldest brother out of 4 i am 21. I have been with my family for my whole 21 years and NEVER have i ever been mistreated by my family. On Nov 3rd i was called from work with my younger brother (being 17) telling me people were taking my sister away. When i rushed home i found my mother uncontrollably crying because a doctor that my sister saw once put in her medical records that she believed that my mother had Munchhausen by proxy. I have helped my mother and father as much as i can with everything because my father had a brain injury and my mom has to take care of Everything in this house as well. I am so shocked at the situation because my sister was born with epilepsy i personally have seen her have seizures and even her schools she has been to has seen them. I don’t know what to do i am trying everything i can to get my sister back, they even said they were going to come back for my two brothers (17 and 12)….As i have grown up my mother has ALWAYS put herself before us, she has NEVER mistreated us and this makes me disgusted at the system because this has torn us apart so badly and i myself am scared for my sister…i cannot even fathom what she is feeling. I am begging for help because i don’t know what to do, i would do anything i wish i could interject and talk to a judge because i have been here my whole life. I will stop ranting, but like i said this is a plea for help. Thank you
-Westley
Comment by Westley Louie — November 4, 2009 @ 10:41 am
Westley, you are a perfect son and brother because you care so much about what your family is enduring. The case will have to be fought in court with legal documents and evidence. You can help by writing a statement called a declaration stating that you have personal knowledge that your sister has seizures, and that your parents are good and capable parents that don’t make things up to get attention from doctors. You can find a sample declaration in my legal document library. Creating one of those would be a good start. Also let your parents know they can fight the charges and get a trial instead of pleading guilty. It is the only way their evidence will be taken into consideration early in the case. They can also write “Objections and Corrections to the Report of the Social Worker” after they get a copy of the caseworker’s court report. There’s a sample of that in the legal document library here at FightCPS.
Comment by LindaJoMartin — November 4, 2009 @ 7:44 pm
I am a grandmother of three little girls who have been in CPS “prison” for over a year and a half. They were all placed in state custody starting with the two youngest here with me and the oldest with her other grandma. For about five months then I had all three but with trumped up charges of inadequate supervision they were all taken away on Sept. 8, 2008. They remain in fostercare today and the parents have just a few short hours a week visitation. In August the oldest was so unruly that she was separated from her little sisters and put in a home by herself. Each time we visit it is so hard to let them go and at least one or two have tears when they have to leave.
I want to know what we, as a family, can do to stop this abuse and get these girls back where they belong with family who knows them and truly loves them.
Please help!!!
LeAnn
Comment by LeAnn — November 5, 2009 @ 7:11 am
Thank you very much for your comment, we are going through the first step to get a lawyer, but we have been told we need to have one for each parent (mother and father) and one for my sister. Here where i live in California we have been told there isn’t many lawyers that do this…Thank you for your very generous comment.
Comment by Westley Louie — November 5, 2009 @ 10:22 am
LeAnn, you see the comment I wrote right above yours… that is my best advice. Start writing your own legal documents. Check the law library of the site… there’s also a form you can use to document what happens during each of your visitations. The Juvenile Court rules on PREPONDERANCE OF THE EVIDENCE so you need to take in lots of evidence and documentation to represent your side of the case. Good luck, and stay in touch!
Comment by LindaJoMartin — November 5, 2009 @ 1:01 pm
Westley – check the lawyers page of this site – there are lots of lawyers in CA that care about CPS cases: http://fightcps.com/2007/08/10/lawyers-who-take-cps-defense-cases/
Comment by LindaJoMartin — November 5, 2009 @ 1:02 pm
Westley, join the message forum.
Yes, Family Law is a nightmare and the courts will ask for attys for each and every person involved.
I might be able to help; I am not an atty; I am a paralegal, however, in NYC.
The best thing you can do-for all of you to do is to stand together. Stand together. CPS will try to break you apart. Do not let that happen.
Please join the message forum. I and others wil lhelp in any way we can.
You are a good son.
Comment by MaggieC — November 5, 2009 @ 4:23 pm
I was at an appeal hearing which was granted because of devious tactics employed by the case worker and supervisors. My parents insisted upon attending. Of course, they were excluded from the hearing but were invited to be interrogated by the CPS staff. Naturally they were asked leading questions and were confused beyond belief. My father, a korean veteran commented after, “I fought for our country to protect the rights of third world citizens and so did you, as a Viet Nam Vet. Why aren’t we allowed to fight the third world of CPS here in our own country? They’re abusing our families and children, why ? I couldn’t answer him, I don’t know why it’s legal to make us victims
Comment by D J Montez — November 5, 2009 @ 5:54 pm
My friend has an apt tomorrow for a homevisit by CPS because they suspect child abuse because her 8yr old son told his teacher that his mom had punched him in the chest when he didnt obey her the previous nite. Reality is she slapped him on his shoulder and sent him to his room but since he said HIT that caused the teacher to contact authorities. My friend isnt worried because she knows she wouldnt ever hurt or abuse him. This is her first time in this situation and was wondering what this home visit consists of and what they do during this visit. I also have read alot of negative things re: CPS and how they make you seem like an abusive parent even though you are not. Also I have read alot about not allowing them into your home for any reason because once you do you are DOOMED even though you know you are innocent of any wrong doing. Does anyone have any advice on what I can tell her or expect or should I tell her to not answer the door? Im confused now. WOW! I would hate to be in hers or anyone elses similar situation. They seem like bad guys instead of good guys. Any advice or comments would be super greatly appreciated. The appt is setup for 11am tomorrow and she is homealone at that time because her son is in school. Again thanks for the help. She lives in the Dallas area and is a single mom. The dad lives out of state and she has no contact with him in case this makes a difference.
TxMommy
Comment by TxMommy — November 5, 2009 @ 5:58 pm
Hi,
Now, they are trying to tell my friend that if they even suspect her of recording the visits with her children, they will cease them. Something smells really dirty here. I don’t like it. If anyone knows something, please let me know. In the meantime, I’m doing my own research for certain. I hate CPS all the more now.
Comment by Reina Brown — November 5, 2009 @ 6:29 pm
Linda, i just saw your above comment. i’m going to check out the legal library now. The fact that they have threatened my friend with her children for wanting to record her visits is wrong and needs to be documented.
Comment by Reina Brown — November 5, 2009 @ 6:31 pm
TXMommy – nobody can tell your friend what to do because every case is different, every caseworker brings his/her own subjective judgment and reactions. All I can say is what I’d do in the situation. I’d say no to letting them in my house without a warrant because my fourth amendment rights are important to me. But to close the case the caseworker will need to interview the child and parents. Here’s my page on what to do (in my opinion). Most important, I wouldn’t give them leads like phone numbers to family members, etc… because they will try to get people to make statements against the parents. Instead I’d give them the phone number of an attorney. Having a private attorney really helps to get cases closed early on.
Comment by LindaJoMartin — November 5, 2009 @ 7:19 pm
I think this is a nice place, and yes i will go on the forums. I just cannot believe this, it honestly feels like a T.v show that you wanna say, “this is all not happening”. My dad is a disabled Vet, and my mom is also disabled because Kaiser cut the nerves in her throat from a tonsillectomy so im trying to scrape all of the money together that i have saved up…only about $8,000 and ive been told i need 10,000 as a down payment. Well court is tomorrow morning ill keep updating.
Comment by Westley Louie — November 5, 2009 @ 9:43 pm
LindaJoMartin thanks for your advice and I will pass it on to my friend. So now that they are scheduled to come by her house at 11am what should she do at this point when they show up? Can she call and cancel the appt or what steps should she take? any advice or opinions? how does she go about proving her innocence and getting this case closed? I believe she had mentioned that someone had already questioned her son at school yesterday, Im not sure if it was a teacher, counselor or CPS agent. Is a social worker and CPS agent the same thing? Gosh! this is crazy! What to do what do? I dont know…
Comment by TxMommy — November 5, 2009 @ 9:59 pm
TxMommy, if they already questioned her son at school and didn’t detain him, that’s good news… it means that there’s no Immediate Danger. What I’d do … I’d keep the appointment but not invite them indoors. They may just need to interview her as something they MUST do before they can close a case. If she decides not to let them indoors, she can just say, “Do you have a warrant? If not, I have a Fourth Amendment right to privacy in my home.” These investigations are emotionally disturbing, even traumatic . . . but you have to go through the torment to get the case closed. Hopefully that will happen. If they want her to sign something in my opinion, it is best to take the paperwork and say “I’ll ask my attorney to look at this before I decide whether or not I want to sign.” I wish your friend the best of luck. There’s just no way to predict what is the best thing to do, what will work out for the best, or what the caseworkers will decide. Sorry I can’t help more, but the truth is that a lot of what is wrong with CPS is that there’s no hard and fast rules on what to expect.
Comment by LindaJoMartin — November 6, 2009 @ 4:40 am
Hi,
I have a question for anyone who is willing to answer. When my friend’s children were taken away, she had a shelter care hearing three days later. She asked for a continuency, as she was not fully prepared. Her continued hearing is coming up on the twelfth of this month.
I saw a document in the legal library that can be used to demand a jury trial. When is the proper time to bring this up to her pointless, and yes i say pointless, court appointed lawyer because my friend and i have not found a private lawyer to represent her, and the appointed lawyer has done minimal it seems, as my friend and I are writing up all the documents and doing all the work. If she could get a jury trial instead of a hearing, that would be awesome.
My friend’s case that is going on currently is my first real case when I had to actually fight the system long and hard like this, as other friends I’ve helped had it pretty easy. Thankfully, the social workers in those other cases were not corrupt and crooked, the cases were closed, and everything was excused. This, however, is the first time I have ever had to fight the system face to face like this, and it is, in deed, a learning process.
While I’m glad I can actually do something now–I’ve witnessed CPS hurting friends of mine growing up, and I myself was a victim of CPS, but because I was a child, there was little I could do but to sit back, take the crap because i was helpless, and watch friends of mine get abused and bounced from one foster home to another and in some cases get ignored when they reported severe parental abuse–but it is so trying, and there is a lot that one has to educate oneself about in such a short period of time. I could not imagine if it were my own children in this predicament. God bless all of you parents who are going through this. My heart and my prayers go out to all of you.
I’m stressed out, worrying about my friend and doing research, writing out documents since I’m an English major preparing to go for a Civil Rights law degree, and staying up long hours, and this isn’t even my own personal case. I can just only imagine what all you parents are feeling. All i can say is to just keep your head up, stand strong, fight the fine fight, and don’t give up. CPS wants us to be fearful and give up, but that is not what we will do. We will work tirelessly to bring home the children, and then we will work tirelessly to inform everyone we can about the corruptnesses and the injustices of CPS.
Comment by Reina Brown — November 6, 2009 @ 8:58 am
Westley was your sister ever seen by any other Doctors? If so you should talk to them or have a lawyer do it. What I’m thinking is if you could find a Doctor to refute what the other Doctor said about your mom having munchausen by proxy it could help your case. You are a very good son and big brother.
Comment by lilypearl — November 6, 2009 @ 10:58 am
So today was court…it was hard to go to and listen to these “Allegations” of Fictitious by proxy against my mother. Hired a private lawyer but he was a “no show” so we had two public defenders helping us (by the way if i might add were very kind). They both explained to us that what they are doing is WRONG and they are going to help us as best as possible. We were even told that they way they conducted this was all WRONG, there was a documented of i believe 17 cops that raided the house with 2 social workers (the social worker BTW also sounded very nice and polite but im going to listen to you guys and take her as the plaintiffs of this case) at which the social worker even told me that the police (county) that did that was very wrong. I think the most upsetting out of this as well is that they put my sister in some Psych eval. and my sister called me crying saying that they are telling her how bad my mom is and that she has done wrong (at which i dont think they should be trying to brain wash my sister) Anyways….ive already been told the County has done wrong by what they did, and the lawyers say this is all “Bogus”. Like i said though im going to keep updating, and we are gonna fight.
Comment by Westley Louie — November 6, 2009 @ 12:28 pm
Westley:
Are you by chance Indian? Namely, Omak Tribe, Arrow Lakes Colvile tribe or whatnot? If any, do you have Native Blood in you? If so, I can help you. If we can prove your family of Native Origins, they can’t touch your siblings. Specially if we get them back ont he home Res. I know just where that is,a nd most of the Louies there. Let me know. This can be blown, and it can be blown hugely. Let’s see what we can do about saving your family and keeping it together.
Comment by Mary A BakerMary A Baker — November 6, 2009 @ 1:12 pm
Reina – about the request for jury trial – I’m sorry but I have no idea when or how to use it. I’m not a working paralegal – I just had classes and got a paralegal degree about twenty years ago. Since then I’ve been a webmaster working out of my home in the mountains nearly 100 miles from the nearest law office.
If at all possible I would hire a private attorney for a consultation once a month. I’d look for one who has sued CPS in the past using the county courthouse database, and then offer that person $100 just to talk for however long $100 would be good for… the purpose being to give suggestions only, on how to proceed.
Comment by LindaJoMartin — November 6, 2009 @ 3:07 pm
Westley, the social workers always try to act like very nice people. That is how they get information out of people, by being buddy-buddy. They then use that information, twist it to sound like something bad, and use it against the parents in court documents. They cannot be trusted no matter how nice they are. My suggestion is to be nice back but inside to keep in mind these people are wolves in sheep’s clothing. If they are not recommending to the court to let the child go home, they are wolves, looking for justifications to keep the children imprisoned.
Comment by LindaJoMartin — November 6, 2009 @ 3:29 pm
lilypearl, to answer you My friends and I all got together to help my mom ready what she was accused of and then highlight everything, then my mom has all medical records from kaiser ever since she was born (before we left kaiser my mom wanted all of her medical records just in case) Everything my mom was accused of so far has been false. These “doctors” that called CPS has only seen my sister ONCE this wasn’t even the primary care physician (which was brought up why her documentation wasn’t in court or why her Facts weren’t put in) so everything her primary care physicians notes say is AGAINST what these new doctors are saying.
Mary A BakerMary A Baker, to answer your question i know the judge asked us today if we were of Indian decent but no im sorry we are not. I’m half Chinese (my father was from Hong Kong) and half British (my mom was from England) Thank you very much for your comment though! it helps to see all of these supporters and a community that is so active to help people.
LindaJoMartin, and to answer yours I know i am trying very hard to keep that in mind. My sister was ordered by the judge to bring her back home, but my mom had to temporarily move out. the social workers side kept objecting to it. Now with my sister home though she keeps telling me of how the doctor who accused my mom was telling her horrible things about my mom that wasn’t true and also they had the FOSTER parents telling my sister this. I think this is some of the most offend full things is to do this to a child. Especially my family. I go to meet my fathers lawyer on Tuesday so i will be back! thank you everyone for your support in this very stressful time!
Comment by Westley Louie — November 6, 2009 @ 4:43 pm
Please help, I’m desperate!
My case first opened in March, with a worker who did not care for me at all. I am a blind mother with unusual circumstances, raising two adorable children, Three-year-old Annelina and Two year old Trystan. At the time, my mother in law threatened me that she was going to have my children taken away because I wouldn’t use my “influence”, over my partner Adrian to make him not want to be a man any longer. She wanted to dress A up and accessorize her adopted “daughter”. When A was a child and he stated he wanted to be a man, they slapped him. He is seriously not liking talking to them any longer.
In March, Adrian had to undergo surgery to keep himself from dying because he was bleeding internally. My inlaws were supposed to watch my children so I could go and be with him, but my mother in law came in and made me go home because i was blind and needed to take care of my hcildren. She told me on the way home that she was going to have CPS take my children from me. She said that i didn’t deserve them. And then she and ehr husband went into Adrian’s hospital room where they remained until Adrian had them removed.
But two days into his recovery, I had CPS at my door. My children had slept in late, and had wet diapers. Full, to be exact, and a messy room. SO I was accused of neglect. THis is the third case where I was accused of neglect, simply because I am blind. I get calls because my vaccuum breaks and i can’t vaccuum until it gets fixed, my children spill their breakfast and or my cat’s litter box is open. No pictures were taken besides on that first day, and I have already won a case prior to this one. At that time, they tried to make me sign over my child, and I would not. I got her back after three days.
I was sent to Voluntary services because my children’s shelves were messed up, and they had knocked over their little bookshelf. Voluntary placed me with a group of Home Support Specialists, who came in and taught me some tricks of the trade concerning house cleaning. I had to undergo eighty hours in one month with the lady. She suspected my children were behind in their skills, so she recommended parenting classes. They also mandated that though we were stay at home parents, we should put our children into day care five hours a day, five days a week. They said that if I did not do so, I would lose them. I did so.
CPS began coming to my house every week,a nd on laundry days especially. As far as I knew, no reports were going in, no problems. But on October nineteenth, they called me at four-thirty and told me that my children had been taken into custody, and that i was not to go and get them from Day care. I was terrified, and asked where they were taking my children. They said that they had taken them at two PM, ten minutes after I had dropped them off after feeding them macaroni and Hot Dogs. They said they’d been there for two hours until they could find fostercare for them, and then gave me a court date of that thursday. Three days to prepare, and no lawyer. THey also said they could not tell me why they had removed my children, nor could they tell me where the children had been taken. They promised me they’d send me documents that very day telling me why they had taken the children from Day Care.
I did not receive the petitions or the summons petition until the following day. My worker had gone out of own that monday, so she was not there when the children were taken, though she had spent her friday preparing them. I got those petitions, one for Annelina, my three year old, and one for Trystan my two and a half year old. They said the exact same thing, both. Annelina’s had Trystan’s name in it and Trystan’s had Annelina’s. It was a copy and paste job, twce to pace each name n the top. i found that inthose dcuments, ther were lis, twistdeentand fabrcionsto make me and y partner look like a omonster. Ihad undergone a Psychological evaluion with Adrian on June twenty-Second, and had only just received our results back the sixteenth of October, three days before our children were removed.
On the twenty-second, I was given a lawyer to represent me. Adrian was denied one, as he has not adopted the children. Three hours later, my attorney decided it was prudent to show up. We spoke in a private room, and she asked for a continuence. We were originally given two weeks, but the lawyer asked for three. The children were kept in Foster care, even though there really was no need. But one of the largest complaints is that I supposedly have Border Line Personality disorder, as well as Schitzotypal personality disorder, and PTSD. My rates ont he abuse levels were almost clinical whatever that means, and I lacked foresight and my family was dysfunctional, which means that I am unable to raise my children because supposedly I woulnd’t know what a family is supposed to be. I have never harmed my children, nor forgotten to play with them. THey are fed, clothed, educated and loved beyond anything else. The worst I have ever done is to spank my children when they do something that could get them hurt, such as going into my room where my knives are kept, or to get into the sinks past the safety locks.
I was given visitations twice a week after that. On the first visitation, my daughter punched me in the face when I didn’t move fast enough for her. My son had a runny nose. At the end, there were tears in my son’s eyes, and my daughter swore she had two mommies and two daddies. The foster parents are having my children call them “Mommy and Daddy”. And on the second, my daughter said she didn’t love me and didn’t want me. My son was still sick. The third, my son was tired and they would not let him sleep. The fourth visitation was yesterday. My daughter had to go to the bathroom several times, and at the end, she hid from Mama in the corner. I called her for five minutes, and every blind parent I know told me that when their children hid from them, they got a spanking or a tap on the back of the head. WHen I found my daughter after calling to her for five minutes, I took two fingers and tapped the back of her ehad. The worker immediately came in and accused me of slapping her. When I said I had flicked her, she said no, I had slapped her. THen she made me appologize to my daughter who’s feeling I had hurt, and left the room. Ten minutes later, she came back into the room and grilled me about how I needed to understand whyslapping was not appropriate for my three year old, who is to be four in ten days. I only flicked her.
I am also accused of recording my CPS workers, when I bring a recorder in to document my visits with the children. On Tuesday the third of November, they illegally searched me to see if I had a recorder, then I was made to leave it outside. And on thursday November Fifth, I was told that if they even suspected me of recording at any time, they would deny me visits with the children. I don’t know what to do. Not even my attorney, who the state provided, is helpful. SHe doesn’t even seem to like me. WHat should I do? Can anyone help me?
Comment by Mary A Baker — November 6, 2009 @ 6:27 pm
Linda,,
I tried to call the lawyers in Mary’s state, which is Washington, last week with her on threeway. One was not able to represent her because they do not go out to her area, and the other is booked for a month.
Today, something interesting happened. Her court appointed lawyer yelled at her for ten minutes, stating that she can choose if she wanted me to contribute information to my friend’s case or not. This lawyer also stated that she will not be speaking to me unless I come to her office, and I’m all the way on the east coast! I spoke to the lawyer’s assistant, and I was told to email any motions and declarations that I had. After my revisions, I plan on it for sure.
I’m very angry to the point that my blood is boiling. The last time I checked, that lawyer can receive declarations from me without seeing me face to face. She is also to include any evidence that will defend my friend’s inocence in her court file. She is not to pick and choose. That is so illegal!!!!!!!!!! Furthermore, she is to be representing my friend to the best of her ability, and if she does not, she can incur a practice lawsuit. i will be sure to inform her of what her duties are supposed to be. I will send a letter to both her and her assistant, containing my declarations, and I will certainly be documenting the phone call that I received from my friend, such as what was said, the time of call, and the solution that came from it. I’m now documenting everything. She needs to be on our side, not the side of hwo is supplying her paycheck. That lawyer better watch out because I have half to mind to report her to the Barr Association right now. I’m not doing anything tonight because I need to sleep on things and calm down. i’d hate to make the wrong move. I’m going to do research, get other opinions, and make my moves very strategically.
Is it possible if I could pay a family lawyer in my state–Maryland–to talk to me and give me some direction? I’m not sure if that will be permissible because my friend I are in two different states; nonetheless, since I’d be talking to a lawyer, the lawyer and I could work together and research whatever possible to make sure my friend has a fair fight. Truthfully, I’m so sick of her being wrong, and I’m sick of CPS. I could not do anything to them when i was small, but now I’m grown, and I’m back with a vengence! Even though it is too late to contact the committee in Washington DC about the law that started all this mess in the first place, I’m still going to lead a lot of people against them until CPS and the laws that allow them to exist are all overthrown! Ug! I’m so mad!!!!!!!!!!!!!!!
Comment by Reina Brown — November 6, 2009 @ 6:46 pm
Reina,
You might weant to contact Senator Pam Roach’s office in WA state -
She is fighting CPS there on behalf of fit families.
Her office might be able to steer you in a good direction, lawyer and advocacy wise.
Comment by MaggieC — November 7, 2009 @ 6:34 pm
http://www.deseretnews.com/article/705341584/Foster-mom-charged-with-sex-abuse.html
Yet another wonderful foster parent that cps hired to “protect” children.
Comment by lilypearl — November 7, 2009 @ 7:39 pm
CPS does not “PROTECT” children. They destroy them in many more ways than one. I wonder if children in the system are used in clinical trials to test new drugs? Hmmmmmmm. Makes me wonder…
Comment by Reina Brown — November 7, 2009 @ 10:47 pm
Well, Pam Roach has been contacted. I really like her. From what I saw on her blog, she really is a champion of justice! Something tells me that she will really help us. i really feel good about her. I respect anyone who fights for justice.
Comment by Reina Brown — November 7, 2009 @ 11:18 pm
November 8, 2009
Greetings All,
I am a survivor (if that’s what you want to call it) of CPS devastation from the state of New York. I have come to Fight CPS.com in order to find support, share stories and overall, try to make this despicable organization disappear. After seven and a half years of a living nightmare, out of the two beautiful children I gave birth to, only one remains with me and my youngest has fallen victim to the system in New York from that damned statute of ’15 out of 22 months in care’, my parental rights were terminated by the Rensselaer Family Court in Troy, NY. The story is long and extremely painful to talk about and I am currently in intensive therapy for the PTSD and emotional damage that came as a result. BUT. I have decided to fight fire with fire. I am currently in school to receive my master’s degree in social work to become a Legal and Family Advocate to help those trapped in the vicious cycle in the world of CPS. To reach out to families who need guidance and direction from someone who has lived the experience and will do everything in my power to keep what happened to me and countless others from happening to anyone I can help. I will use my ‘discovery’ talents and research degrees to stop these life altering, blood thirsty maggots from destroying the lives of my clients. What better way to continue to fight after all of the damage CPS has done to my family. Oh, and by the way…….the abusive parent in my case (no, it was not me) got away scot-free with only 2 counts of disorderly conduct and a $200.00 fine for beating my youngest child to the point of inflicting brain damage and I forgot to mention that my baby boy was autistic. Nice, huh? Maybe I will come to a point where I can share my story from the beginning but right now, all I can say is that on April 9, 2002, my entire existence came to a screeching halt and the nightmare began. I will be talking again soon.
Your newest member,
djzmommy
Comment by djzmommy — November 8, 2009 @ 1:09 am
This is a letter that I wrote to be submitted to the court. My mom said that one can write a character reference letter on one’s behalf and submit it to be presented to the judge without being on the witness stand, as people submit such letters all the time. So, here is my contribution. Please look over it and tell me what you think. I’m going to be adding stuff to it before submitting it, and I’m open to suggestions. This is just a draft and not a finished product. I’m open to any criticism. Thanks so much for your time.
To whom this may concern:
I am a good friend of Mary Bakers, and I’m writing to vouch for her good character. She is a wonderful mother, a spectacular friend, and one who is honest at what she does. It pains me greatly to see petitions full of slander written against her that defame her character and paint her to be a hideous monster. The objective of this letter is to refute the claims made in these petitions, challenge the inconsistencies that are found in these three documents, and point out any other major discrepancies, as well as give recommendations as to what I strongly feel should happen.
In the year of 2005, Mary Baker was contacted by Child Protective Services. While she thought that the claims made against her were a grave mistake, she allowed the social worker to come into her house and talked with her because she felt she had nothing to hide. All along, she was unaware of her Constitutional rights that are in place to protect her and her children. Mary let the social worker into her house without a search warrant and talking with her without knowing about her Fifth Amendment Right against self-incrimination (And her Miranda Rights) and how FRAUDULENT, MENDACIOUS, and under-handed the social worker had been in FABRICATING a FALSE ALLEGATION from a BOGUS “report”.
The social worker, on numerous occasions, went through her house, inspecting every inch of it, such as by going through the cabinets, the fridge, the drawers, as well as in every single room. No place was safe from the social worker’s prying eyes. These numerous visits later led to her children being snatched from her loving care, where children belong, and they now reside in an unfamiliar setting, away from people who love them, and are possibly suffering from the traumatic effects of being torn from the loving arms of mommy. This is a travesty of justice and a fate that any small child should never have to endure, especially if the parents are not at fault. Now that some background has been given in regarding to this situation, I’m moving onto refuting and challenging the claims that are outlined in these documents.
I first will begin by stating that it is quite obvious that these three documents were an attempt to create evidence against her that did not exist in a frenzied fashion. A great majority of the text in these petitions is fabricated. The documents are littered with errors, and have an extremely unprofessional appearance. A trained and literate person can look through them, and it will not take long at all for this to become obvious. Secondly, these documents appear to be a major copy and paste job, as all of the documents literally say the same exact thing with the exceptions that some text was omitted in certain places, and bits and pieces of text was added in other places to make the document appear as though it was something entirely different and relevant to the emergency, when it appears that blocks of text were taken and splotched all over the place in an effort to try to provide false proof, which I do know that is against the law, and the social workers, as well as those who participate along with them in conjuring up such bogus evidence, can suffer severely under the penalties of perjury. These documents were prepared in a very sloppy fashion to say the very least.
One claim that I have a problem with can be found in all three petitions, since it appears to be a major rushed and copy and paste job is that “Homebuilder’s therapist and PRIDE staff have observed that Ms. Baker uses punitive, too harsh of discipline with the children for age-appropriate behaviors. This social worker has observed Ms. Baker spanking Annelina for going into her parents’ room and after Annelina began throwing a tantrum, she spanked her a second time and put her in her room. Adrian did not intervene during the incident. During the interaction, social worker told Adrian Trystan was emptying the contents of the vacuum canister on the floor. Adrian did not respond and social worker cleaned the vacuum debris. Ms. Baker put Trystan in his bed and closed the door. Annelina continued screaming in her room. Ms. Baker stated, “Mommy’s had enough,” and put the baby gate in the hallway.”
In regards to spanking, the law in Washington States “Physical discipline is not unlawful if reasonable and moderate and inflicted by parent /teacher/guardian for restraint or correction. Presumed unreasonable if the following are used to correct/ restrain: — Throwing, kicking, burning, cutting, striking with a closed fist, shaking a child under 3, interfering with breathing, threatening with a deadly weapon, any other act likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. [Statute says this list is illustrative and not exclusive]. Age, size, condition of child, and location of injury are all factors in determining “reasonable” and “moderate.” § 9A.16.100. [Criminal Code]
While it is age appropriate for toddlers to get into things when they are not supposed to, and while it is perfectly age appropriate for a child to throw tantrums, it is the parent’s responsibility to teach the child that these are not acceptable behaviors. The child must learn to respect the boundaries of others, such as by not going into a parents room when they are not wanted there or screaming to the top of the lungs to get his or her way. Common sense tells us that if age appropriate behaviors that are undesirable are not addressed when they are small, then these will become bigger problems later on in life. Because it is the parent’s responsibility to teach and train her children to behave like respectable citizens, the parent has to do whatever necessary within reason to deal with the offenses. Mary, in this instance, chose to use spanking. Mary did not engage in “Throwing, kicking, burning, cutting, striking with a closed fist, shaking a child under 3, interfering with breathing, threatening with a deadly weapon, any other act likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. No marks were left on her children, and the children were not scarred or traumatized. At worse, they had their feelings hurt and learned how to better behave themselves like decent human beings, not like animals. I can’t understand why the bit about her spanking her child was included in the petitions as a basis for removal of her children, since she just spanked her children for misbehavior. She did not violate the law regarding physical discipline in any way.
There is also nothing wrong with putting children in their room when they misbehave, and there is nothing wrong with using baby gates to keep them from leaving a certain area of the house, such as to keep them in their room at night or to allow mommy a breather. It is much better than the alternative, which is mommy losing her patience and then harming the children. Mary, in this instance, knew when enough was enough, sent the children into time out in their room so they could learn that what they did was not acceptable, and that was the end of it. There is nothing wrong with this. It is not harsh in the least bit. Parents are human, and if they are overwhelmed, they are entitled to banish the child to his room for a few minutes to collect thoughts and to have a breather. Many parents do this, and it has never brutally traumatized a child. Furthermore, this behavior is a demonstration of responsibility on the part of the parent, as she knew she was becoming overwhelmed, thus sending her children to her room until the situation calmed down. Children at the age of two and three are capable of learning good from bad and right from wrong, and this leads to an inconsistency that I see in these documents. First, it is stated that “Ms. Isaman reported that Ms. Baker would put up a gate in the children’s room to allow them to sleep in.” Yet, there are other parts of the documents that state that Mary and Adrian do not provide a safe environment with enough supervision for the children. This to me seems contradictory.
As far as a parent using a baby gate to keep their children in their room at night, that is perfectly fine also. Realistically, parents cannot watch their children twenty-four/seven and need to sleep in order for them to get the energy that they need to recharge and be prepared to start the day all over again with the children. Because of this, parents must do whatever possible to insure the safety of their children and keep them from things that may harm them or worse, keep them from wondering from the house in the middle of the night. I’ve known many a parent to gate off their children’s rooms at night because the children were too young to keep out of trouble and stay away from harmful situations. Parents have also locked their children in their rooms at night to keep them safe, hence the reason that child proof locks are made to go on the inside of the doorknobs, so as to keep the child from gripping his hand around the doorknob and opening the door to go out of his room and get into trouble during the night. As harsh as it may seem, it is sometimes necessary, especially if the child is a sensory seeker or is curious and spirited.
Furthermore, I remember on more than one occasion when Mary said that the children would open the door and wonder outside. This was before the chain lock was installed. Because there was a risk of her children wondering outdoors at night, and because she is not able to keep an eye on the children when she is asleep, she gated off the children’s room to keep this from occurring.
There are a number of times throughout all three of the documents where deplorable living conditions were mentioned, and there was mention of severe diaper rashes. I want to know if there is any substantial proof that such conditions and situations actually exist, such as photos or videos that may support these claims. Also, please keep in mind that if someone does have a messy house, this does not mean that they are abusive or neglectful parents. Plenty of children have been raised in messy homes and have turned out fine. Not everyone has time to keep their houses spick and span.
Furthermore, I want to state that anyone wearing diapers will at some point develop diaper rash, and sometimes, the diaper rash can become severe. It is inevitable that such a thing will happen when one wears diapers. One needs to take into consideration that there are many factors that cause a rash in the diaper area, such as sensitive skin, a reaction to the chemicals of the diapers, and sickness, just to name a few factors that might cause such an occurrence. Furthermore, please be mindful that depending on these factors, the rash in the diaper area can become quite severe, such as if a person has severely sensitive skin that cannot be subject to even five minutes of contact with waste or chemicals in the diaper when the urine turns the diaper’s contents into absorbent gel on becoming wet. I’m one hundred percent incontinent, both bladder and bowel, due to medical conditions, and I get horrific diaper rashes a few times a month. Because of this, my medical supply place that supplies me with my diapers and other incontinence supplies gives me a tube of institutional grade diaper rash ointment to ease pain and keep the rashes under control. I’ve also considered switching to cloth diapers, thinking that the reoccurrence of my severe rashes are due to the chemicals in the diapers that become actively in contact with the skin while wet. I do not get rash because of abuse or neglect, as I’m in charge of my care.
Concerning the flea and other infestations with bugs, it is fitting to remember that Mary and her family live in an apartment complex. Thus, they will not have full control of any infestations that may come about. Mary has tried to take matters into her own hands by purchasing spray to combat fleas and ants, as she has told me numerous times that her complex does not spray for bugs on a routine basis; however, please remember that she can only do but so much. Then, the matter is out of her hands. There is proof of this receipt, and the CPS agency does have a copy of it, along with all of the receipts for everything else that she has purchased to show that she is being a proactive parent. Both the CPS agency and Mary have copies of all expenditures.
Another thing that I have a problem with is the psychological evaluations that were done on Adrian and Mary. First, we will take a look at Adrian’s evaluation.
“Dr. Guastadisegni reports Adrian Baker’s psychological testing indicates a distressed profile suggestive of substantial mental health problems and reports she needs in-depth and ongoing psychotherapy. He reports that Adrian Baker is emotionally distressed and has issues with underlying depression, PTSD, and Gender Identity Disorder. Dr. Guastadisegni recommends mental health treatment be the primary focus of Adrian’s service plan and recommends medication for her mood disorder and individual therapy. Dr. Guastadisegni expressed significant concerns with Adrian’s Child Abuse Potential Inventory and noted risk factors consistent with individuals who have been known to abuse a child. In summary, Dr. Guastadisegni states, “This is not simply a couple that is coping with blindness, this is a couple that has not only blindness in each individual parent, but each parent has fairly significant mental health issues. Thus, I feel the history of 10 referrals to the agency reflects the concerns that have been present, and undoubtedly continue to be present.”
The fact that Gender Identity Disorder was even brought up as being a reason why Adrian would not be an adequate parent is not only ludicrous, this right here shows that there is a desperateness to use whatever possible to defame Adrian’s character and use whatever possible to see to it that the children are not going to remain in their care. Whether or not a person is gay or straight or wishing to change genders is not contingent upon whether or not that person can parent properly. Now, we border a discrimination case.
I’m not going to dispute that Adrian does have times when he becomes severely angry; however, I can say that he has never hurt those children out of anger. If Adrian feels that he is becoming angry with the children, he calls Mary in for assistance, and the both of them work as a team.
Then, we look at the statements regarding the psychological evaluation that was done on Mary. The statement begins with, “Ms. Baker and Adrian Baker’s untreated mental health conditions present significant threats to their parenting abilities. Ms. Baker reported a previous diagnosis of post traumatic stress disorder (PTSD), but refuses services, stating “I become the therapist’s therapist.” Ms. Baker and Adrian Baker completed psychological evaluations on 06/22/09 with Dr. Guastadisegni. Ms. Baker was diagnosed with some schizotypal personality characteristics, borderline personality traits and noted that emotionally, Ms. Baker does appear to have underlying issues of PTSD and depression.”
I first of all want to state that anyone who is at risk of losing a child would, no doubt, be depressed. The sadness is beyond what one can imagine, unless it has happened to them. It is something that innocent parents should never have to experience, but sadly, some do, and it is heart wrenching. Think about how run down the parent would be after trying time and again to please the social workers, as well as others in the system because a parent will do anything to keep their children, but parents are human, and eventually, they will become beaten down. Of course, when this happens, it is a perfect time to have a psychological evaluation done because the parents are at a vulnerable point, thus can have all sorts of mental diagnosis thrown upon them.
Second of all, Mary does not suffer from a diagnosis of schizotypal personality characteristics, borderline personality traits, as I’ve looked at the criteria for such a diagnosis in the DSM-IV-TR, and she does not meet the criteria. If one wants to be really technical, it is fitting to say that most of us would have at least one or two traits or characteristics of these disorders, but it does not mean that we would be diagnosed as actually having the disorders. The criteria for both disorders read as follows:
Borderline Personality Disorder
Individuals with this Cluster B Personality Disorder behave impulsively and their relationships, self-image, and emotions are unstable.
Diagnostic criteria for 301.83 Borderline Personality Disorder
A pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked impulsivity beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following:
(1) frantic efforts to avoid real or imagined abandonment.
Note: Do not include suicidal or self-mutilating behavior covered in Criterion 5. (I’ve never seen Mary do this in all the time that we’ve been friends. She has never tried to latch onto me in fear of me abandoning her. She does not at all come off desperate in this regard. As a matter of fact, if somebody severely wrongs her to the point of no return, and if there is no chance in salvaging the relationship between family, friend, or other person, she has no qualms about letting them go, and she can do this quite healthily.)
(2) a pattern of unstable and intense interpersonal relationships characterized by alternating between extremes of idealization and devaluation (During the time that I’ve been friends with Mary, I’ve not seen this surface at all.)
(3) identity disturbance: markedly and persistently unstable self-image or sense of self (I’ve not seen this at all.)
(4) impulsivity in at least two areas that are potentially self-damaging (e.g., spending, sex, Substance Abuse, reckless driving, binge eating).
Note: Do not include suicidal or self-mutilating behavior covered in Criterion 5. (Which one of us is free from bad habits? We all have a vice of some kind that could potentially damage us. Take smoking for example.)
(5) recurrent suicidal behavior, gestures, or threats, or self-mutilating behavior (Mary has never ever talked about taking her life, and she does not engage in behaviors of self mutilation.)
(6) affective instability due to a marked reactivity of mood (e.g., intense episodic dysphoria, irritability, or anxiety usually lasting a few hours and only rarely more than a few days) (Mary has displayed intense anxiety; however, rather than coming and going, lasting for short bursts of time as the diagnostic criteria states, it has been persistent, as she fears for her children.)
(7) chronic feelings of emptiness (From what I know, this is not true about Mary. She has never told me that her life is empty or unfulfilled. To me, she seems to have it together really well.)
(8) inappropriate, intense anger or difficulty controlling anger (e.g., frequent displays of temper, constant anger, recurrent physical fights) (Mary does not engage in physical fights often, to my knowledge. She does not get angry beyond the normal threshold. It is human nature to become angry, and some have a better hold on it than others. I do not feel that Mary’s anger is so out of control to the point of harming her children.)
(9) transient, stress-related paranoid ideation or severe dissociative symptoms) I can attest that Mary is, indeed, very stressed out because of this whole situation. She was upset and stressed before her children were snatched because she was always being watched, and she did express fear of losing her children a couple months before her children were removed.)
I do not see even three of the diagnostic criteria in Mary for this disorder. Sure, one can just say that a person has traits, but don’t we all in some way or another. Just because a person may have a trait or two or fit one or two of the diagnostic criteria on the list does not make them a candidate for suffering from the disorder.
Schizotypal Personality Disorder
Individuals with this Cluster A Personality Disorder, like individuals with schizoid personalities have little capacity for close relationships but they are also eccentric in their behaviors, perceptions, and thinking. (Mary and I have had a very close friendship from the time that we met. I talk to Mary just about anything. I personally can say that I feel very close to her. If she had this disorder, I could not speak in such a way about our friendship because there would not be one, if she possesses little ability to form close bonds and relationships with others.)
Diagnostic criteria for 301.22 Schizotypal Personality Disorder
(cautionary statement)
A. A pervasive pattern of social and interpersonal deficits marked by acute discomfort with, and reduced capacity for, close relationships as well as by cognitive or perceptual distortions and eccentricities of behavior, beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following: (Mary does not seem uncomfortable with close and personal relationships. As a matter of fact, she desires them.)
(1) ideas of reference (excluding delusions of reference)
(2) odd beliefs or magical thinking that influences behavior and is inconsistent with subcultural norms (e.g., superstitiousness, belief in clairvoyance, telepathy, or “sixth sense”; in children and adolescents, bizarre fantasies or preoccupations) (There are a number of people who believe in the paranormal, and there are a number of people who believe in superstition; however, this does not make them out to be mental. And how in the world can one define another’s beliefs as being normal? There are many versions of normal, and these depend upon the group in which one associates.)
(3) unusual perceptual experiences, including bodily illusions
(4) odd thinking and speech (e.g., vague, circumstantial, metaphorical, overelaborate, or stereotyped)
(5) suspiciousness or paranoid ideation
(6) inappropriate or constricted affect
(7) behavior or appearance that is odd, eccentric, or peculiar
(8) lack of close friends or confidants other than first-degree relatives (I’m a close friend to Mary, and I’m not a first degree relative.)
(9) excessive social anxiety that does not diminish with familiarity and tends to be associated with paranoid fears rather than negative judgments about self (I’ve never seen this in Mary in the time I’ve known her. And we talk quite regularly. Our conversations are very normal.)
B. Does not occur exclusively during the course of Schizophrenia, a Mood Disorder With Psychotic Features, another Psychotic Disorder, or a Pervasive Developmental Disorder.
Note: If criteria are met prior to the onset of Schizophrenia, add “Premorbid,” e.g., “Schizotypal Personality Disorder (Premorbid).”
Mary is a very unique and eccentric person who prizes individuality. Contrary to the diagnostic criteria that state that a person with this particular disorder has little capacity to form close relationships and bond, Mary bonds with people who matter to her. My friendship with her is one way that shows that she is, indeed, capable of bonding and forming close relationships.
The reports go on to further state that “Ms. Baker completed the Child Abuse Potential Inventory and produced an abuse score close to reaching clinical significance. She had high elevations on the Distress Scale, and reached clinical significance on the Problems with Family Scale, and the Problems from Others Scale. Dr. Guastadisegni states these are important issues needing to be addressed. The findings would suggest Ms. Baker has a history of interpersonal difficulties in which family interactions have been strained and dysfunctional, thus it places her at a higher risk in terms of better understanding normal and adaptive parenting skills and how to relate to people in family and social relationships. Dr. Guastadisegni states Ms. Baker needs individual parent training focused on understanding the needs of her children and how to better interact and deal with managing those needs.”
I have a serious problem with what was stated here for a number of reasons:
1. When a mother is dizzy with fear that she could possibly lose her children and is constantly fighting the system, that mother would be under a great deal of distress. One would think it to be seriously abnormal if a mother was completely relaxed and calm while going through such a procedure, especially if the procedure has gone on for three, long and grueling years. Of course, this is a perfect time to do a psychological evaluation because the mother is so upset that she cannot think straight, thus this gives the psychologist something to use against her, should CPS and the doctor want to doctor up the evaluation to make it fit the mold they think it should to call for a more speedy and easier removal of the children, while all along, severe distress on the part of the mother in such a case as this is entirely normal. This is why Mary would score high on the distress scale.
2. Another issue I have with the above statement is that it is being said that Mary is an incompetent mother because she has strained family ties and belongs to a dysfunctional family. Please note that there are a number of people who grow up in dysfunctional families or have been moved to more than twenty foster homes, not having any family ties or good and secure attachment at all; however, these are also good parents that strive to give their children what they never had—a strong bond, love, and attachment. Think of the children who grew up not receiving any affection but later turning around and showering their children with loads of affection, so they will never lack in this regard. This is what Mary is doing with her children. She showers those children with lots of love. She plays games with them. She talks to them. She does crafts with them. She bakes cookies with them. She takes them to toy stores. She has joined playgroups. She tells them bedtime stories. She is their comfort when they are afraid. She shows no lack of ability to form attachments with those children in any way, shape, or form.
3. Mary does not have problems with interpersonal relationships. As a matter of fact, she is a trusted and loyal friend to me, and I’ve never, ever seen such problems in her. Sure, we will have normal disagreements from time to time, and that is going to happen in any friendship, but it is nothing serious enough to slap her with a diagnosis of a serious mental disorder that would cause her to be a serious social misfit or prohibit her ability to provide for her children’s needs.
Another very troubling statement in this report that concerns me greatly and screams loud and clear that the doctor has a lack of understanding concerning blind people and their capabilities is “Dr. Guastadisegni states Ms. Baker lacks insight into some of the functional limitations that she has with regards to blindness and parenting. He notes that the couple struggled to be willing to use supportive resources, as they view them as an invasion of their rights and privacy. In observing the two parents with the children, Dr. Guastadisegni states it is extremely challenging for them to meet the children’s basic needs. Ms. Baker wants to be an independent parenting resource, however Dr. Guastadisegni reports it is essential for her to work with a parenting mentor. Dr. Guastadisegni reports Ms. Baker is “not forward thinking and is lacking in insight with regards to how to best meet the children’s needs.” He states “the fact that Ms. Baker and Adrian Baker are resistant to acknowledging that they need assistance and being intent on mastering all of the parenting responsibilities on their own is consistent with poor insight and judgment of their part, and that is a big concern.”
What I want to point out is that there is a such thing as acknowledging that assistance is needed, and there is a such thing as politely refusing the assistance due to the fact that, though Adrian and Mary are both blind, they do not need the help that this doctor claims that they need because they are capable of parenting without special assistance. The Patient Bill of Rights states that if a person is fully competent and able to provide reasoning for why treatment would be refused, then there is a right to refusal. Regarding this, the Patient Bill of Rights states:
All patients should be guaranteed the following freedoms:
“To seek consultation with the physician(s) of their choice;
“To contract with their physician(s) on mutually agreeable terms;
“To be treated confidentially, with access to their records limited to those involved in their care or designated by the patient;
“To use their own resources to purchase the care of their choice;
“To refuse medical treatment even if it is recommended by their physician(s);
“To be informed about their medical condition, the risks and benefits of treatment and appropriate alternatives;
“To refuse third-party interference in their medical care, and to be confident that their actions in seeking or declining medical care will not result in third-party-imposed penalties for patients or physicians;
“To receive full disclosure of their insurance plan in plain language, including:
“CONTRACTS: A copy of the contract between the physician and health care plan, and between the patient or employer and the plan;
“INCENTIVES: Whether participating physicians are offered financial incentives to reduce treatment or ration care;
“COST: The full cost of the plan, including copayments, coinsurance, and deductibles;
“COVERAGE: Benefits covered and excluded, including availability and location of 24-hour emergency care;
“QUALIFICATIONS: A roster and qualifications of participating physicians;
“APPROVAL PROCEDURES: Authorization procedures for services, whether doctors need approval of a committee or any other individual, and who decides what is medically necessary;
“REFERRALS: Procedures for consulting a specialist, and who must authorize the referral;
“APPEALS: Grievance procedures for claim or treatment denials;
“GAG RULE: Whether physicians are subject to a gag rule, preventing criticism of the plan.”– Association of American Physicians and Surgeons
Despite the fact they are blind, Adrian and Mary are still given Autonomy over their medical decisions. We must not be too quick to forget that there is also informed consent. Adrian and Mary were advised of their options. Based on the information that they received, they chose to deny the assistance because they know that they are just fine caring for the children on their own, and I am a witness that can attest that their blindness is not a hindrance of their ability to function like every other parent. What worries me is that a doctor, who is unfamiliar with blindness and who seems very ignorant about it, which I gather from the statements within these petitions, thus could claim that Mary and Adrian are incapable of parenting effectively for the reason that their blindness somehow hinders them for properly caring for the children’s needs. This is not the first time that a professional, who is very unknowledgeable about the capabilities of the blind would make such claims. Please understand that just because a person has a degree in a certain field does not make them an expert on the blind, how they live, and how they function from day to day. Only a person who has experience working with the blind, has been trained in this area, or is blind themselves will be equip to make such claims as to whether or not Mary and Adrian are lacking in insight and are ill equip parents, as they will not be ignorant about what a blind person is capable of doing. There are millions of parents who are blind and have successfully raised children who are stable and contributing adults to society. If the doctor had any knowledge about this, he’d not make such ignorant statements. Such statements are a violation not only of the ADA but also of the law that has been enacted to protect handicap parents, and blindness is included in this law. I will expound more on this below.
While we are on the topic of blindness being a severe hindrance to Mary and Adrian’s ability to parent which, in the eyes of the doctor, as well as the social worker who wrote this report since this was included in the petition as being one of the factors that created the emergency removal of the children, I should advise you that Washington has a state law that protects the rights of parents who are handicap, stating the following:
“(1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child’s health, welfare, or safety.
“(2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.
“(3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent’s or child’s blindness, deafness, developmental disability, or other handicap.”–RCWs > Title 26 > Chapter 26.44 > Section 26.44.015
The fact that this was brought up at all is grounds for discrimination, as well as a nice settlement case, because first of all, the claims of this doctor concerning the blind are not true—there will be footage supplied of Mary performing all of the activities of daily living to refute the claims made by this doctor that her blindness put limitations on her as a parent. We are working on coordinating someone to do the filming now. Second of all, there are also a number of other people who can attest to her level of independence.
Mary’s children have been wrongfully and unlawfully removed from her physical custody without Constitutional DUE PROCESS, or even the pretext of Reasonable Efforts having been offered AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1), which removal meets the definition of KIDNAPPING according to18 USC Sec.1203 and are being held-
“…in order to compel a third person …. to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so…”
Mary Baker’s CPS worker coerced her into signing a “voluntary” Service Plan, which she had no part or input in creating. The CPS worker threatened her by stating that if she did not sign the “voluntary” service plan that her children would be TPR’ed. Which according to Amanda C., by and through Gary Richmond, natural parent and next friend, appellee, v. Kelly Case, appellant.__N.W.2d__ Filed May 23, 2008. No. S-06-1097 is unauthorized practice of law and acting under the color of law.
In this case, “The mother voluntarily consented to the court’s jurisdiction over her children, voluntarily transferred their custody to the division and never challenged the circumstances of their removal. Accordingly, she cannot now challenge whether an ‘emergency’ existed to justify removal of the children under (the statute in question) and this court need not address such a challenge.”
I am therefore establishing ON THE RECORD that I strongly challenge that there was an emergency situation that warranted for the removal of Mary’s children, and most certainly urges Mary to withdraw her “voluntary” surrender of the custody of her children.
Further, the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT in Smith et al. v. Williams-Ash No. 06-4638, Decided and Filed: March 26, 2008 said-
“We do not doubt that the Smiths, as any parents likely would, resented the safety plan from the beginning. But mere displeasure and frustration fails to negate their consent. Rather than remind Williams-Ash of what she already knew—that they disliked the plan—the Smiths needed to explicitly withdraw the consent they explicitly gave, thus requiring Children’s Services to either return the children or file a formal complaint against them. In light of their admitted failure to do so, the Smiths were not entitled to a hearing.”
For this reason, I hereby urge my friend, Mary Baker, to rescind any and all signatures to “voluntary” service plans or any other “agreement”. I also urge that people have a heart and a conscience and see to it that these children are returned home where they belong and that the cased is closed for good. Mary Baker is completely innocent and loves her children very much.
Warm regards,
Reina Brown
Comment by Reina Brown — November 8, 2009 @ 4:03 am
TxMommy, by now your friend’s appointment has come and gone. I hope you were able to check out the link in Linda’s post about what to expect. Every situation is different. When I had my battle with CPS, I made the mistake of giving a lot of information they might not have asked for. They took what I told them, twisted it around, and opened a case on me. I didn’t get a lawyer because I didn’t think I needed one. Big, big mistake. That’s the one thing I have always regretted. Please keep us posted on how things are going with your friend.
Comment by Judy — November 8, 2009 @ 9:58 am
It’s sad that a person can find any “comfort” in reading these horrific stories, but at least people here know that the “unbelievable” happens every day. Sometimes there is comfort in knowing that you are not alone. I was involved in a nasty 2.5 year divorce (that she filed for) that involved two precious little girls. There were no accusations of abuse, adultery, drug or alcohol abuse, injury, neglect, etc… There were no restraining orders, police reports, medical reports, CPS reports, etc… There was only a child custody evaluation that recommended minimizing my parenting time because I couldn’t physically communicate with my Ex because of what the evaluator, Dr. Edward J Connor, deemed to be my “severe ADHD.” There was no mention of any concerns about the children’s well being when in my care. I was never accused of starting any arguments conflict with my Ex. I never became a “danger” until I requested a copy of the case file from the child custody evaluation and also discovered that the psychologist who had been operating in the Indiana family court system for some time, was not licensed by the state of Indiana. Dr. Connor’s contract said I was entitled to the case file yet he stated that he would not release the file to me because I was not a attorney. The first judge in my case stated he was not going to undertake ordering the release of the case file because he was unaware of Kentucky law (Dr. Connor was licensed in KY). The first judge recused himself after participating in ex-parte communication with Dr. Connor. The second judge, James Humphrey, refused to order to release the case file because he “thought” I might release confidential information. Judge James Humphrey denied my motion for a GAL to represent the children. During the course of the 2.5 year divorce, I cared for my 3 and 5 year old daughters nearly half the time. There were no restraining orders or modifications of parenting time. Nearly 3 months after the final hearing, Judge James Humphrey terminated my parenting time with my daughters without warning. Dr. Connor’s report made no mention that I presented any kind of threat to the children or their mother. Judge Humphrey wrote, “According to Dr. Connor’s testimony, Husband’s writings are similar to those of people who have committed horrendous crimes against their families.” None of these alleged writings were submitted to court and I was forbidden to see the case file. Prior to the August 18, 2009 orders, my little girls had not been away from either parent for more than 4 days. I haven’t seen them since then.
I encourage people to be diligent and fight for the rights of your families and children. This evil is worse than any terrorist because this terror is being brought by the people who are supposed to be protecting families. For more information on my story, go to Dan Brewington’s Blog. I am not a lawyer, counselor, etc…, just a passionate father reaching out. Feel free to contact me with any questions.
Comment by Dan Brewington — November 9, 2009 @ 5:07 am
If you are innocent, never stipulate or sign ANYTHING!!! Thanks to other advocate websites, I stuck by the truth, and although I still have way to go, I know I did the right thing. Besides, if God is with you, who against you.
On another note, what do any of you think about the State Attorney canceling the “accused” deposition, after using it as an intimidation tool. Also, lawyer-types showing up at your home but not providing identification to your family when you are not to be found? How about if these type of things occur right before your trial/hearing (which you know in your heart they don’t have any evidence to provide good reason for removal of your chlid.) Thanks for any feedback. Prayers to all of our children, because they are the ones that are suffering beyond imagination and being brainwashed by demons.
Comment by SpiritsonFire — November 9, 2009 @ 5:18 pm
I don’t know if I can post this here but if not it will be delete.
Is there anyone in the state of az that has had trouble with CPS? Please let me know email me kaisers97[at]hotmail.com
Comment by manytears — November 10, 2009 @ 12:12 pm
2 years ago i finally escaped a 6 year abusive relationship..but not before my son was removed due to this man’s wrath. i complied with the caseplan that cps gave me form the very beginning and made steps towards independence, yet they removed my daughter 9 months after my son. still i continued to strive forward, listening to a social worker, guardian ad litem, public defender..believing they would see the positive changes i have made and return my children to me. instead they continued to change their rules, discounted my progress, lied in court, lied to me, ignored positive professional input regarding my parenting skills, terminated my parental rights, limited my contact with my son & cut off my contact with my daughter..how can they get away with it????
Comment by michele — November 11, 2009 @ 10:20 pm
mindless, incomprehensible, and downright cruel!!
Comment by michele — November 11, 2009 @ 10:21 pm
I have a question. I would like someone to find out that I did not report them to CPS. They have been told there is no way to find out who did. Does this mean that there is no way to find out who didn’t?
Comment by luv2teach — November 13, 2009 @ 6:07 am
Hi again, I posted here in Sept. Our 7 year old autistic son was removed and has been in foster care for 7 months. It seems so surreal…we continue to fight but everything has been worn down, our existence, our morale, our goals, our expectations….we are educators and creative intuitive parents..our lawyer told us we know more about the disorder and how to lovingly deal with its’ effects then most professionals with mental health backgrounds. I am shocked at how CPS can twist and turn facts to their liking…they are Nazi mentality in its’ purest form, but because we have a clear conscience about the case we will win. The latest “memorandum” to the judge consists of ramblings, dichotomies, exaggerations, and really, really horrible grammar.(gotta have some humor inserted here). I simply do not understand how any person in charge can take this stuff seriously…oh yes….the kickbacks from the state….please.. everyone realize that each child is “up for grabs”, as it were. These foster home facilitators will do anything to get a stipend from the state for a child adopted out….senseless, cruel and a downright violation of human rights…it angers me that trivial circumstances can spawn such an outroar to take a child away as a possible commodity while people in other countries go about their rituals(like in the jungles of Brazil for example…) without interference…one person posted here that a private attorney will be your godsend….DO IT…YOUR CHILD IS WORTH GIVING UP EVERYTHING YOU HAVE FOR…YOU MIGHT SAY I DON’T HAVE ANYTHING TO PAY THEM BUT DIG DEEP AND YOU WILL FIND RESOURCES>>>FIGHT THESE CPS PEOPLE TOOTH AND NAIL…but also take my advice on this….kiss up to the social workers and tell them what they want to hear, try to make progress on their demands even if it hurts…it will go a long way I promise…anyway, we are in the “family reunification process”, we were from the beginning and they never threatened to take away parental rights thank God but we are keeping our guard up with our private attorney…paid her $1500 so far and now trying to get the unsupervised visitations established so our son can spend XMAS in his loving home here. BTW the reason he was taken was a “farm situation” with sheep running amuck eating the weeds so we wouldn’t have to pay a weedwacking specialist and me being prescribed pain pills for fibromyalgia….no prior trouble, no “weird” circumstances, parents are teachers, studied abroad, multi-lingual, and pretty savvy about life. I will keep praying for all of you and engaging in what I was born to do which is performing arts(opera, musical theater and teaching children). Namaste…
Comment by Marianna and David — November 14, 2009 @ 4:29 pm
This is sort of OTT, but I am curious about one thing. Doesn’t the downturn in the economy and mass cutting of jobs mean that the least productive jobs will eventually be cut? Social work falls into that category. The government beast will starve itself until only the necessary and useful parts remain…..like law enforcement, engineers, etc.
Comment by Cecilia — November 14, 2009 @ 10:51 pm
Hello I am looking for any advice about how to handle bruises on my son. He is in public school special ed for a speech delay and is unable to communicate what happened when he gets hurt. He has always been an easy bruiser and when he went to school with bruises, CPS was called and he was taken into custody the next day. We went through a nightmare but the DA finally dropped the charges because it was found that he has a bleeding disorder characterized by easy bruising. We are starting to get back to a normal life again but the problem is that he still gets bruises easily and most recently in a “high risk” area from dropping his weight and falling down on his face in a parking lot. I don’t want to send him to school and risk having someone call CPS and go through this nightmare again. On the other hand, the speech therapy that he gets from school is what will help him eventually be able to communicate what happened when he gets bruises and I’m not sure what to do. The school knows of his bleeding disorder so should I just talk to his teacher about his bruises or keep him home every time he has them?
Comment by Edell — November 16, 2009 @ 5:25 pm
luv2teach,
In order to have someone find out that you did not report them to CPS, CPS would need to disclose who did report them. Unless a report is a false allegation, the report will be protected by law. Even so, the accused would have to petition the court of law for release of the report and the judge would be the only one to release the name of the false reporter.
Comment by Jessica — November 17, 2009 @ 6:53 pm
Another idea for Edell, is to homeschool. Just find out your state’s homeschool laws and abide by them.
Comment by LindaJoMartin — November 19, 2009 @ 6:31 pm
I am a former foster youth and I am twenty years old. I will make this as short and painless as possible. I was physicaly abused in foster care and when I tried to report the abuse they shoved pills down my throat to get me to “shut up and quit complaining”, their words exactly. My brothers were seperated from me because they were trying to report the abuse also. CPS are trying to say my brothers were trying to parent me. I think my brothers had every right to interfere when I’m leteraly pissed on while asleep. Thrown around by the throat across rooms. and then medicated to get me to shut up about it. I’v even tried telling the police. I missed out on 7 years of education because of this medication that I was forced to take to cope with abuses taking place.
I was slave labored 12 hours a day 6 days a week. I ran away when I was fifteen. The most recent drug I was on was paxil. I must have collected at least 20,000 dollars in medical bills while sleeping in ally ways ending up in hospitals every few weeks from alcohol poisoning. Suicide attempts almost succeeding. Waking up in jail every week about not knowing how I got their. For three years after leaving foster care. They would tell me services don’t exist I can’t get voluntary services. no such funding exist to help me get into school.
Finaly about a year ago, the last time I was in jail for blacking out and getting into trouble. My court appointed attorney had to threaten Child welfare so that I could get services. They even tried turning him down untill he threatend them.
When I initialy tried requesting my records they gave me a very small portion of my records and said they could not find the rest. I recently just sent a FOIA request, but we’ll see how well that goes.
I was deprived of my Life, Liberty, equal protection of laws. I was tortured and will have to live the rest of my life knowing that its a neverending Political War in my head between those that are fortunate and those that arn’t such as myself.
I’ve tried just about everything I can and I have an obsession with building a case and It won’t go away. no matter how many times I box my work up and lock it away in a closit It keeps haunting me and I just pull it out the next week. I have a strong argument with Primary scources, Secondary scources,
Statute of limitations gives me up to 6 years after the age of 18 to file a caset. I should not have to have the word Victim written on my forehead in perminant marker anymore. I would like it to instead say free atlast.
If there is an attorney out there who will help me get money for college or anything please contact me.
Comment by Justin Snegirev — November 19, 2009 @ 9:22 pm
Please help me in June of 04 I was living with my ex he was heavy into using drugs. I pissed off my sitter so she called cps. I was told to take my daughter out of town. I went to my moms where my sister slapped my daughter at the time she was 2 years I then left to another sisters house where I was told I had 2 weeks to leave so my ex picked us up and put us in a motel room. During my stay at my sisters house my daughter emptied a bottle of liquid motrin on the counter some one filed neglectful medical reports on me. While I was at the motel my ex and his dad came to take me grocery shopping. When we came back to the room the police were there they had called the worker and she said since my child was around her father they had to remove her. She was placed in a shelter for 3 weeks and then placed with my exs mother. This was October of 04. They informed me if I completed everything that my girl would be back home. I completed everything in 6 months and nothing. I got pregnant with another child in April of 05 and the worker said the judge may not give her back that I had to choose between my unborn child and my then 4 year old daughter. They closed the case August of 05. Precisely 1 month EARLY before the 12 months were over.My daughter is now nearly 8 years old still living with my exs family. My ex is still using drugs and being allowed to see my child on a regular basis. As for me I only see her 3 times a year. I am now married raising our 5 children together however our family will never be complete with out my little angel. Please if any one knows a lawyer in the san antonio texas area that can help please contact me. Also please keep us in your prayers
Comment by Candace Corona — November 20, 2009 @ 12:26 pm
Justin, what state are you in?
Comment by LindaJoMartin — November 20, 2009 @ 6:41 pm
Justin, In a way that no-one should be welcomed….welcome to adulthood in the DHS system.
Comment by daaronad — November 20, 2009 @ 8:40 pm
Justin, I will forward. The stuff that happened to you shouldn’t have happened. But, it did. You did encourage it by acting out and against what you did not believe what was appropriate while you were in the system.That is all on record. And, I would bet that the facts are maybe 50% accurate, as on record. If you have a chance of filing a suit, take your time, and learn from others mistakes. The system has a safety net against tort suits. Do your research and do not waste money on an attorney that has no intent on helping you. But, most importantly, do not ever forget. Do your best to prevent others from going through the same or similar hardship that you have.
Comment by daaronad — November 20, 2009 @ 8:52 pm
Justin, to recap, I know how the system works. They lie, coerce, and don’t give a damn about family’s values. It takes people like you and me and others, who have had enough of being told how to raise their children, to make a real change in the system.
Comment by daaronad — November 20, 2009 @ 8:57 pm
Linda,
I am in Portland, OR. I’ve tried juvenille rights project and they refered me to a malpractice attorney who denied me and told me statute of limitations requires me to file anainst a government agency within 2 years. But I looked up the same statute on westlaw and realized he didn’t even read the whole statute. About half way throught the statute it says if I was under the age of 18 when the insident took place I could file up to 6 years after the age of eighteen.
Comment by Justin Snegirev — November 20, 2009 @ 11:48 pm
Justin, contact the people at http://www.oregonfamilyrights.com … also Leonard Henderson who does the website at http://www.familyrights.us – he is in Oregon … Good Luck!!!
Comment by LindaJoMartin — November 21, 2009 @ 9:44 pm
This probably isnt the place to say it, but I wont be with the Family for thanksgiving because i am stuck with my sister who was TAKEN from my parents by CPS. But i still think that everybody even though this is going, should also care for themselves. Because i told my Parents this, i know your children would probably want the same. Please have a Happy Thanksgiving, and DO NOT give up the fight.
Cheers!
-Wes
Comment by Westley Louie — November 25, 2009 @ 11:48 am