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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 The law that started this, CAPTA, must be repealed.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
December 1, 2009
This is the guestbook for December 2009.
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Is there a Maggie (?) or anyone else who has information on the existence of any Parents or other organized group in New York State seeking to change the Statute under which CPS operates in the Counties of New York State?
IT is evident that many false allegations of Child Abuse and Neglect have occurred in NY State, but has this given rise to any organized resistance to CPS in NY Counties?
Comment by James LIkoudis — December 2, 2009 @ 7:08 am
Hi, Happy December, everyone! It’s going to be rough spending another Christmas without our children.
Comment by Nancy Hey — December 2, 2009 @ 2:07 pm
Hello James,
I am rather new to this game. From what I can ascertain, there was a strong group fighting CPS in NY some years ago but it has since disbanded.
Actually, the laws in NY are pretty solid and provide protection for parents BUT CPS does not follow the law.
A recent bill was passed to make false accusations (knowing making a false accusation) a crime.
Additionally, there is a bill floating around stipulating that parents who are accused of child abuse be informed of their rights (similiar to Miranda). I don’t know if that bill will succeed.
The key is that parents must retain an attorney immediately to fight the removal of the children; with that in hand, they generally prevail. But again, most parents are ignorant of their rights under NY law.
IF you wish to correspond further, please join the message forum.
Comment by MaggieC — December 3, 2009 @ 7:25 am
James, I’m from Oklahoma, and am well aware of how the DHS system works overall in all states. It is a hard fight because automatically we are labeled. We don’t have the government funding, which seems endless, to get the truth out.. that there are innocents families literally being destroyed by DHS/CPS/DCFS, etc. A much greater amount than the records will admit. So, it takes the average family spending money that they don’t have to fight a corrupt system sponsored by the government’s endless supply, which also comes from our pockets through taxes. So, in order to stop this atrocity…..#1 Awareness, get the word out, even if they don’t seem to listen. #2 Never Forget, you are not the only family that was damaged through DHS and it can happen to your children and your grandchildren unless you do something about it. #3 Learn the Whole Truth…DHS is just a part of the corrupted government, and before anyone calls me a “Domestic Terrorist” let them tell me that our government is not corrupt. Greed has taken over family values, as far as our political process is today. So, we have to make a committment in order to change the DHS system. Be prepared to to take the backlash, especially if you are a federal employee. But, most importantly, stand your ground. Stay true to your beliefs and values. The problem is nationwide and some. I know that I didn’t answer your question, but I hope that I gave you something to think about.
Comment by daaronad — December 3, 2009 @ 7:07 pm
Nancy I am to going through another year without my children I still buy my kids stuff but I put it away hoping someday I see then to give them their presents I hope the court system and DHS enjoy their Hoiday with their kids since I can’t enjoyed mine i hope they get coal in their stocking i hope my evil ex-in-laws enjoy christmas with my kids since I can’t have my kids for Christmas.
Comment by Terri Rote — December 5, 2009 @ 10:50 am
James NY state:
2 groups operate out of NYC.
One is http:/www.cwop.org
Other is parentsinaction.net
CWOP’s site is down this am.
Maggie is correct. You need to network on the Message Forums for addtl info.
Read the Lawyers links on the site here.
I do not specifically recall any name from NY state, but Martin Guggenheim of
http://www.nccpr.org
is located at NYU and is an advocate for children and families through:
Nccpr.org
He is on the Board of Directors.
Also check out;
http://www.familyrights.us
AFRA _ American family rights Assn.
Maggie also suggested you sign up for Message Forums where there is a registration period, but Linda usually approves in 48-72 hours.
Maggie is in NY.
Please read AFRA’s suggestions.
NY state also probably has an Ombudsman.
Since NY has so many law schools, I may have placed a link to a NY clinic at
Lawyers who take CPS cases.
Best!
Comment by Fern — December 6, 2009 @ 8:15 am
CWOP is a group of committed families who have gone through the wringer with ACS (CPS in NYC) and who offer aid but, as far as I know, do not lobby for legislation. Ditto for Parents in Action.
There, apparently, was a strong VOCAL (Victims of Child Abuse Laws) group in NY state some years ago but I can’t reach any of them and it seems they have disbanded.
Fern, thanks for the heads up on Guggenheim at NYU. I will try to seek him out.
Comment by MaggieC — December 7, 2009 @ 4:11 pm
I just wanted to say that I, too, know this system now. It’s disgusting. It’s a very long story, but my daughter had injuries WHICH I had a gut instinct happend while she was in a hospital for Bronchiolitis, well, they had sent her home and I knew something was wrong, so I had her be seen at the best hospital in my state. Sure enough, they found the injuries through xray, and immediately my children were taken from me. They said it was us, we have denied cuz we would never harm our children. Since then–this was in October–the beginning, so many injustices have been done. Fabrication for one. Another, is withholding documents and delaying our rights in court as long as possible. Records from my daughters drs and such. First, their lawyer said yes we will sign records over to only the lawyers and drs (drs for our side), well then the judge went on vacation the next day, surprise–dcfs’s lawyer suddenly changed their mind. Because the judge was on vacation we could do nothing for another month–the temporary judge frefused to do anything on the case. I also found out that my daughters injuries were 7 to 10 days old from when they found them. Guess what? It was around the same time I told everyone that I thought something happend–while she was in the hospital.
Theres so much more than this. Not only did a hospital screw up (i know they did, just cant go into too many details here), but now DCF has done whatever they wanted, they wont listen to anything I have to say. It’s been almost 3 months. However, we’re finally doing the “72 hour hearing” 3 months later.
I feel for all those parents suffering right now. I know this system is so flawed it’s sickening. I pray for all of you that are dealing with this.
Comment by Justamom — December 8, 2009 @ 6:59 am
Hello new friends.
About a decade ago I met a man, moved in with him, was regularly abused mentally and physically, then became pregnant and out of fear for my unborn child’s life, left the man.
After my child was born, for years I looked over my shoulder expecting to see the man. When my child was 2, I married a man who took on my child as his own. Since the bio-father was never listed on the birth cert, this was done by my hubby signing an afidavit of paternity.
When my child was about 5, hubby left me high and dry, and he had a lawyer, I didn’t, so he never had to have visitation or pay child support to my child. Try explaining to your 5 year old why the man known as daddy won’t visit anymore.
When my child turned 9, I took my ex hubby to court for visitation and medical coverage for my child. He had more money and a more vicious lawyer. So again, he was not ordered to pay support, and weaseled out of putting the child on his medical insurance. At that point in time, ex hubby threatened me that if I didn’t find bio-dad, then he would.
So earlier this year, I reluctantly found the bio-dad. He was thrilled to find out he had a child (one of four children total for him, from 3 separate women). He was more than willing to play his daddy role, and offered to help in any way he could.
After months of phone calls, supervised visits and pondering, I made the very wrong decision that it would be ok for this man to spend time with my child and for my child to live in his home. He had seemingly changed his ways and was now in a seemingly happy 6 year marriage with 3 other very well behaved and well adjusted children.
I live in Nevada. Bio dad lives in California.
A month ago, bio dad flew off the handle at some “normal for the child’s age” behavior. He beat, humiliated and tortured my child. The next day, my smart child went to a teacher at school. CPS was called immediately.
I found out later that night, from bio dad, that things had gotten out of control. Bio dad made our child sound like a monster, that our child had been hurting siblings, breaking personal items of other family members, not bathing, bullying peers and lying. Then bio dad said he had spanked our child and hosed our child down (because of the no bathing). The hosing seemed extreme, but admittedly, I would have also spanked for the culmination of the child’s offenses.
It wasn’t until CPS called me 2 days later that I found out he had done much more heinous things to our child, and that it was not the first time either!
Long story short, CPS feels that since I “knowingly” put my child in the home of an abuser, I have no right to my child. All contact is supervised. I am ordered to take parenting classes and be in therapy.
In the meantime, since I am in another state, I am dealing with TWO CPS social workers. OH and step dad has decided to step up to the plate NOW because he is afraid he is going to have child support thrown upon him.
In the meantime, my child is in a foster home with a family who is not of our ethnicity with completely different religious beliefs. My child has been in only my home for their entire life, except for the past 4 months with bio dad. My child is scared, devastated and completely alone.
The flip side is that if I had never contacted bio dad, and he had found me (he know I was pregnant when I left him) he could have sued me for custody, stating that I had harbored our child from him! CPS wouldn’t have given a flying #*%! that he has abusive tendencies and I would have had my child taken from me anyway!
OH and now CPS wants to do a background check on the one relative I have living in California who can visit my child. Ummmm, HELLO! Bio dad would have passed the #*%!-ing background check, so WTF is the point in that?
Now we are in limbo, waiting for Nevada and California to communicate. I have a public defender in CA, but now that I have been reading so much about the BS of CPS, I am thinking I need to have local representation as well.
Comment by Angela S. — December 8, 2009 @ 7:18 pm
I am here because I was hired then fired the same day due to the background check. CPS put a neglect and abuse on my record so in my field I can not work there due to this. I had no idea the no contact order was still in effect however CPS took the kids from me and placed with a man who tried to kill me. Now, I am labeled and payed for 800.00 class to be a CNA but now I can not work there. This is so sad for me, what can I do?
Comment by ange — December 9, 2009 @ 3:18 pm
Today was such a heartbreaking day for me. My daughter terminated her parental rights. Now my fight to adopt them begins. I have an attorney helping me with this. The kids have been in fost adopt for 14 months and the foster dad was at the tpr today. The kids are two and four years old. They still have not bonded with the foster mom. Also cps let me keep the kids for thirty days and had no problem with me babysitting thekids. When they were removed from my daughter a second time they said I was not fit due to some very old history with department. Even with a good lawyer I sometimes feel like giving up. Can someone help me to keep fighting?
Comment by lilypearl — December 9, 2009 @ 7:47 pm
Angela, your situation is way too complicated for me to know what to say. If it were me, I’d try to move to the county where the child is being detained. Is that a possibility for you?
Comment by LindaJoMartin — December 10, 2009 @ 8:02 am
Ange, you’ll need to find out the laws for your state. Start here: Review and Expunction of Central Registries and Reporting Records: Summary of State Laws. (This is a PDF file.)
Comment by LindaJoMartin — December 10, 2009 @ 8:12 am
Lilypearl, sounds like you are the children’s only hope for not being permanently separated from their family. I know you are probably tired of the fight, but so long as you can afford the attorney, keep it up. It is tragic for a child to be permanently severed from his family of origin.
Comment by LindaJoMartin — December 10, 2009 @ 8:16 am
I am currently going through a very rough situation. My first child, my daughter was born August 1st of this year at a healthy 9lbs 3.5oz and it was the most amazing day of my life. She was everything I asked for and more. At about a month old I noticed bruising on her back and told her pediatrician about it and they ran a blood test but never called with the results so we figured that maybe she just had sensitive skin or something. The second month of her life there were no bruises seen so we figured she had grown out of it. The beginning of November of this year she started showing up with bruises on her face, I called her peditrican immediately and they said if they go away and do not come back to bring her in on december 2nd for her 4 month appointment and they will do more tests, but if they come back or just do not go away then to take her to the E.R. They went away then they came back in the same spots so and we noticed an unusual soft spot on the back of her head so we took her to the ER around 3pm on saturday november 21st. She also was showing signs of reflux so I was extremely worried. We got her there and immediately they started accusing us of child abuse. I couldn’t see why they thought such things. I asked the resident doctor about the soft spot on the back of her head and she said it was completely normal because their skulls move alot as they grow which was a HUGE relief. They said they wanted to admitt her to run more tests, we agreed and they ran a CT. On the CT they found fractured ribs of different ages and a skull fracture in the same spot that I asked the resident doctor about. (how was I suppose to know something was wrong if the doctor couldn’t even tell?). When I heard this I literally got sick. I couldn’t understand why someone would hurt my child. They brought a genetic doctor in to do a clinical overall to test for brittle bone disease. Which explains everything down to the bruising. My daughter was asleep and he lifted her eye lids quickly to check for blue selera. Long story short they decided she did not show clinical signs of brittle bone disease and that if the DNA test which takes several weeks to get back she does not have it then it has to be child abuse. We talked with so many people in a matter of two days just to get one answer that CPS was taking our daughter until they get the test results of brittle bone disease or someone admits to hurting her. At first CPS said she would be placed in foster care, but my grandmother said we would get an attorney and then they said that she could be placed with a relative an we could see her as long as we were supervised. We signed a safety plan and she was discharged to my aunt. At this point I could not eat, sleep, or even think straight. The detective who is working the case did not contact us until a week later. When he did contact us it was only because I called him first. He told me that CPS was not giving my daughter back until they find out what happened to her. He also went on to tell me “come down here and say you lost your temper, you got a little angry and hurt her but you want to make this right and it will all go away… but do not come down here and lie to me or I’m going to be a prick and your never going to get your daughter back.”. I even offered to take any kind of classes they requested even though I did not do anything of course he refused. He basically said that someone has to confess or else were never getting her back. I couldn’t bare to hear such news so I contacted an attorney which said that is not the case. Involved in the investigation is myself, my fiance, and my grandmother because we all live in the same household. My grandmother has tried to contact the detective and left messages but he has not even made an attempt to contact anyone except for me. We are suppose to go talk to him today but after CPS heard the conversation between me and the detective she advised us to get an attorney instead of going to talk to him. He told us basically that unless we come down there with a confession then he is going to be a prick. At this point we are still waiting for the DNA test to come back and my daughter is still at my aunts house. We are not going to talk to him and we are saving money back to take private lie detector tests with our attorneys to prove our innocence. CPS said that would ease their mind. At this point we are just hoping to clear at least one of our names so one of us can have my daughter. We do not know what to do with ourselves without her around and I refuse to miss watching her take her first steps. She is a very healthy 15lb 4 month old baby girl that means the world to me. Does anyone have any suggestions as to what to do from here on? Or as to how we can prove our innocence?
Comment by Christina — December 10, 2009 @ 10:27 am
Angela, I will repeat what I was told by one lawyer, when I doubted the sincerity of my paid lawyer. I consulted with other lawyers, even though I had already paid for one of the best. She told me “We all are retained by DHS and we have to make a living in this town.” At least she didn’t lie to me and try to take my money. If you can, and you can and must, research the laws of your state. Research DHS regs and protocols in your state. If you are going to spend money on an attorney, look outside the county that DHS has jurisdiction over. Unless you know for a fact that a local attorney has a mission to help families against DHS, you are throwing your money away. Do not waste your money, and, do your research.
Comment by daaronad — December 10, 2009 @ 8:05 pm
Lilypearl, you came to the right place for support. What I can’t give, keep asking. First of all, bonding with a foster parent, etc, “bonding” being the key word leads me to believe that you are buying into the whole scheme, which, of course, you dare not go against or question it. After all, you have much more to lose than do the people who you are trying to reason with. But, that is exactly what you must do. Understand that they are following guidelines, a manual instructed them on how to do their job. It may say that it focuses on the child or family, but it is a list of instructions for them to follow in order for them to check off to say that they are doing what is required of them. Family is nowhere the main priority. Neither is child safety. Can I help you to keep fighting? I hope so. If it’s wrong it is wrong. If you don’t keep fighting, it will continue. We have an obligation to fight and speak out against this type of corruption, otherwise it will be passed on to our grandchrildren, and their children and on and on.
Comment by daaronad — December 10, 2009 @ 8:34 pm
my fiance, my 15 month old son, my 3 month old daughter, and i are all victims of cps workers “saving the children”! we live in muskingum county in ohio. my fiance and i just lost temp. custody of both our babies to cps and foster care on 12/01/09. we love our kids with all our heart and because we dont have the money for a lawyer we are force to sit back and watch as our babies slowly slip out of our reach and into the evil claws of the SYSTEM! the longer our children are in foster care the more worried we get that they will be lost and never brought home where they should be! our kids are our life and the longer we go without them home where they belong the harder it is for us to get up everyday. we are young but our world revolve around our kids and they need their family more than ever right now and cps is doing everything they can to keep them from us! what can we do to make their madness STOP!!! they are getting away with so much! they keep messing with the parents that care about their kids and want to keep them together but cant afford to defend themselves and at the same time letting the abusive and neglective parents get away scott free. if anyone has any idea on what we can do to get our kids back home please, please, let us know. i dont want my kids to be away from home a second longer than they have to be. they have already been gone too long. they should have NEVER left. PLEASE HELP US BRING THEM HOME!!! AND HELP STOP CPS!!!!!
Comment by Amber — December 10, 2009 @ 9:56 pm
Dec. 11, 2009
To all victimized parents:
My heart goes out to you; keep fighting, you are your children’s best chance at a happy future. It is time that we parents join together to let the department of children and families know that their illegal and inhumane practices will not be tolerated any more. Please let me know how we can get started. We need compassionate attorneys who want all our children to live secure and fullfilling lives to guide us through the maze of CPS so that we can change this system from the ground up.
Comment by Francisca Salcedo — December 11, 2009 @ 10:21 am
Christina, write everything that’s happening in a notebook, get a copy of her medical records. I hope you can get a good attorney to represent you. Sounds like you have good family support. Get more feedback on your case on our message board. Read as much as you can on this site and others like it.
Comment by LindaJoMartin — December 11, 2009 @ 7:03 pm
Amber, you’ve done the right thing to look for help on the internet. Read as much as you can on this site and others like it. Be prepared to write your own legal documents and compile documentary evidence in your favor. You can get feedback on your case from the message board here. Have you already signed a guilty plea? If so it is too late for a full trial. If not, you can ask for a full trial to make CPS prove their case against you. If it is too late, remember to do everything on your service plan ordered by the court. NEVER EVER miss an appointment, visitation, or anything, or that will be held against you. Missed visits cause caseworkers to call parents neglectful at the next court hearing. In the FightCPS Document Library you’ll find a visitation report form, a sample affidavit, and a sample “objections and corrections to the report of the social worker”… start keeping a daily notebook on things that happen, especially contacts with the caseworker and all your service plan appointments. Good luck!! I’m glad you found help online before your case got old. Work diligently on this case now and there is hope.
Comment by LindaJoMartin — December 11, 2009 @ 7:24 pm
EVERYONE – I hope you know that when I write a message for someone, like Amber (above), I really mean that information to apply to ANYONE and EVERYONE who may be at the same stage of involvement that she is. My comments would be different if her children had been in care 15 months already.
I apologize to everyone I haven’t given a personal response to. Sometimes I get too busy or too exhausted to write!! For better feedback on your case register at the FightCPS Message Board.
Also please keep in mind that I’m not an attorney and this isn’t “legal advice”… you have to make up your own minds on how to proceed, and hopefully have a good attorney to help you with that. Like I say on the “Disclaimer” page on this site, every case is different and the caseworkers have varying reactions so it is really hard to know if any particular action will make things better or worse. It would be cool if all caseworkers did the same things and had the same opinions and reactions, but they don’t. They’re like loose cannons with lots of ammunition… and you never know in which direction they’ll aim. Often they don’t even follow the laws and regulations.
Speaking of regulations, you should read your state social service regulations. You probably can find a copy at your local county law library.
Comment by LindaJoMartin — December 11, 2009 @ 7:27 pm
LindaJo and Daaronad thank you so much for the encouraging words. I plan to keep up the fight. This is such a good place for people who have to spend yet another holiday without the children they love so much. I will keep everyone posted on what’s going on. Take care and God Bless
Comment by lilypearl — December 11, 2009 @ 9:50 pm
I have had CPS called on me every few months by son’s grandmother, why are there laws that protect people who make false allegations, but none that protect parents who have to deal with the destruction of children and families after the calls are made, for months a a time. I noticed they take kids that need to be left alone and leave kids that need to be taken. The whole system is crooked and broke. I think in order to work for CPS you need to be a parent yourself before you’re allowed to make decisions about someone else and there child.
Comment by Les Mill — December 12, 2009 @ 8:18 am
Les Mill, you asked, “why are there laws that protect people who make false allegations, but none that protect parents” .. I believe the system is intentionally set up for parents to fail, for idiots to be able to make false accusations and get away with it, and for families to be divided and/or destroyed. This is a crime against humanity.
Comment by LindaJoMartin — December 13, 2009 @ 6:28 pm
My boyfriends crazy cousin called CPS on us on November 2 of this year. We talked to CPS on the 3rd. and they gave the crazy cousin temporary custody and told us we would have our son back in 3 weeks. well it is now Dec 14 and we still do not have our son. the case has gone no where CPS does not return our calls finnally we talked to an attorney and we are going to court sometime after Christmas. They got us for neglect just becuase my son weighs 16.5 lbs at 8 months. We got his blood and urine test done and there were no problems. he is developing just fine even above what he should be he is starting to walk and because of all this we have missed his first thanksgiving, first words, first steps and soon to be first Christmas. I am also 19 weeks pregnant and they are threatening to take this baby from me also. we are so devestated and instead of spending the money that we saved up for christmas on our babies and family we are spending it on a lawyer, and parenting classes. They say we starved our son. he has never lost weight when he started crawling at 5 months is when he started having problems gaining like the world says he needs to gain.
Comment by Christina — December 14, 2009 @ 11:03 am
I have a relative of mine that has been fighting an Alcohol addiction for many years (She has a clean record). She is pregnant and CPS (Minnesota) has put her into C.A.R.E. because she drank twice during the pregnancy. CPS is threatening to take the baby upon birth. After all I have reviewed it appears they can not take the baby with out due process.
Since the Baby has not been born a formal CPS proceeding has not been filled, but my relative has been informed she will be served with it once the baby is born (Basically in the delivery room).
My relative has many supportive friends and family and all agree that she is not a threat to the baby and that this is the bottom she needs to keep her on her path to recovery. There are even those who have stepped up to be foster parents and want to work on a path of ensuring that a child is reunited with it’s parent. We all have agreed that if we thought she was a threat that foster care would be the best choice, but THIS IS NOT THE CASE.
After weeks of information flowing in, it seems as if CHP’s has it’s own hidden agenda (Just an opinion). They have demoralized, character assonated, threatened, etc.. her to many extents. As difficult as it may be, she has maintained a positive attitude through all this.
I truly believe that this is her bottom and that she will maintain the path of recovery and be come a good mother. I have seen this a few times in my life where women have had a battle with an addition and children have kept them on the path of recovery.
Is there anyone who has had a similar situation that may be able to shed some light on how to deal with CPS?
Comment by julie — December 14, 2009 @ 11:32 am
Les, if you are in NY, it is now a crime to knowingly report abuse when there is none to CPS.
Comment by MaggieC — December 14, 2009 @ 12:30 pm
Christina, getting a lawyer to take this case to court is the best use of that Christmas money. Don’t regret the way you spent it. Your son needs you more than he needs gifts, and the rest of the family needs to understand you’ve got your priorities straight.
Comment by LindaJoMartin — December 15, 2009 @ 7:05 am
Julie, your relative needs to get a lawyer NOW. Dealing with CPS is a legal matter. They WILL walk into her hospital room and take her baby, and then the CPS hell will start (service plan: counseling, parenting classes, psychological evaluations, drug testing, etc.) … and even after all that she may not get her child back.
If you move on this now you can have a guardianship arrangement in place before the baby is born. Cut CPS off at the pass, so to speak.
Comment by LindaJoMartin — December 15, 2009 @ 7:12 am
I concur with Linda. The best way to keep CPS out of your life is to cut them off at the pass.
It is imperative that you retain qualified legal counsel from the get go.
Comment by MaggieC — December 15, 2009 @ 7:45 am
So today was the so called “goodbye visit” with my grandsons. I don’t look at it as a goodbye visit since I have a lawyer who’s filing a petition for me to adopt them. Here’s the part that really pisses me off. Before the visit there was this little meeting between my mom, my daughter, the caseworker, and this woman from parent options,who is supposedly a neutral third party and me. Well I had my suspicions about the parent options counselor for quite some time and today confirmed it.
Well she started going over the rules of this visit and told my daughter that she should tell the boys that the foster parents are where they need to be and the foster parents are who they need to be with. WTF! She was talking as if my motions with the court didn’t exist! I managed to keep my mouth shut because I didn’t want to jeopardize my visit with my grandkids.
So then my mom and I were directed into another room because they wanted my daughter to visit alone with them and then have my mom and me come in later.because they wanted my daughter to visit with them first.
This room we were told to wait in had a one way mirror hhmmm. I have suspicion that there was someone sitting behind that mirror.
Well I figured what better time to call my lawyer, if they want to watch and listen to everything I do then why not give them something to watch and listen to! Much to my surprise my lawyer answered the phone as opposed to getting her voicemail so this was even better. I asked her specifically about my petition to adopt my grandkids. I really hope there was some one sitting behind that mirror. It’s the one thing about today that actually puts a smile on my face. I am sad that this might possibly have been the last time I will ever see my grandkids but I am not giving up.
Comment by lilypearl — December 16, 2009 @ 7:35 pm
The state of Illinois and DCFS has dismissed my alledged neglect casr WITHOUT PREDJUDICE!
The father’s attorney refiled the custody battle the same day with the same allegations.
I voluntary opened a case for help. So far after 50 days, nothing has been done but paperwork.
Comment by Geri M — December 19, 2009 @ 1:46 am
Geri, a case dismissed without prejudice means it can be brought back to court. Normally not under the same circumstances but it can be brought back.
A case dismissed WITH prejudice is the goal.
Comment by MaggieC — December 21, 2009 @ 5:59 am
I just discovered this website and am happy because it exists, but also sad because reading all the stories and comments is heartbreaking.
I am in Michigan and would love to find out if there is any statewide effort to change CPS laws. From what I have learned, the Binsfeld Legislation is something that turned the tide on parents’ rights in our state and made it much more difficult to get your kids returned to you, even when the plan is reunification.
My 4 youngest children were taken in October, and my husband left the same day and I filed for divorce. The issue is emotionial abuse and control. With him now gone, none of what they wrote about is present or will happen.
I have a court -appointed attorney, and although he is hard to get a hold of, he has been pretty good about doing what I want and/or explaining everything to me. I was a legal secretary before I was married (25 years in November), and so he is someone who I knew of back then, and I can understand the legal aspects of everything. However, what’s legal and what is heresay are two different things, and that’s where I am having trouble.
Our state contracts out the handling of foster care to another agency, Child and Family Services (CFS). The caseworker I have there has been really good and really helpful, and if a judge signed an order, he’d have no trouble returning the kids home. The DHS caseworker, though, who has final say is a whole different story. She is vehemently opposed to reviewing placement at this time and said she won’t return them home (not forever, just now, we have a reunification agreement).
My attorney said all she has to do is cite the original CPS Removal Petition as to why they can’t come home! I am outraged at this because that was 3 months ago, and from before that, and none of those things exist now. Apparently, though, the judge usually rubberstamps whatever DHS says!
I want to fight this, and have requested my attorney to file a Motion for Review Hearing because my 15 year old had a breakdown and spent a week in a adolescent psychiatric unit because he became non-functioning. He has auditory processing disorder and was diagnosed as borderline Apserger’s Syndrome. None of the kids had ever been away from home before and they were home schooled. So, they got put in foster care, not understanding why, and put in public school. He can’t take the changes.
My attorney said that he has to have something to put on the Motion as to why a review needs to be done earlier than the set time of February. So that is still being worked on.
I am just so upset that the DHS caseworker has so much power, regardless of the fact that I have only met her once, she’s never met my kids or seen me with them. The CFS caseworker does all the work, and I don’t believe he’s written anything negative that would give anyone a reason to say the kids need to stay in foster care right now.
It’s also because DHS has their set of policies and procedures, and despite the fact that each case should be looked at individually, I don’t believe they do. They follow the 90 day review, etc. As far as I am concerned, leaving my kids in foster care for their proscribed time isn’t going to make me a better mother! Because my kids will have to change schools again and suffer another trauma, I believe that getting them home as soon as possible and setting up home based services, etc., would be the best thing for all of us, but what do I know? I’m just their mom, and the DHS people obviously know what’s best always!
So, here I am. The first x-mas that my children have been away from me and their 3 older siblings (Yes, that’s 7 kids and all biological and all the same dad. We lost a baby boy to SIDS in 1996, also.)
We have supervised visitation an hour a week, and have 2 hours for the holiday. So I know I’m lucky in a lot of ways because I get to see them and I’m working towards reunification. However, it doesn’t lessen the grief and pain I am feeling for them and myself. I am also very grateful that the foster parents seem to be good people and I have no reason, as of yet, to think that they aren’t taking care of my kids well. Plus, they have been doing this for quite a few years without any issues.
I’m sorry this is so long. If anyone has any comments or suggestions, I would welcome them. Also, and especially, if anyone is involved in any groups trying to get reform in Michigan, I would love to hear about it.
Comment by PattyW — December 22, 2009 @ 3:40 pm
This will be my 9 month olds first Christmas..unfortunately her and her 4 other siblings will spend it with foster parents..in November this year my kids were removed because my husband and I refused the worker entry into our home…we went to the shelter hearing and we were told that since we have had so many reports on us made by the school our children attend that the kids were to remain in state custody but we could have physical custody…we were told to come to the cps office on November 25th the day before thanksgiving to pick up our kids..We were so happy we planned a great thanksgiving for our children…we had everything perfect for their arrival home…when we wnt to pick up our children the cps informed us that were were not going to get our kids because an investigation had been opened up on us for sexual abuse…we learned that the allegations were made that very same day an hour before we came to pick up our kids…my husband and I have never harmed our children in any way we just love them…I am sitting here today a month after we were told of the allegations and we have still not been told exactly what we are being accused of..all we know is what our lawyer has told us…the investigator told us that my autistic child Gabby said something explicit…thats is all we know…our lawyer filed a motion for us to have visitations…we were denied..the judge said that it may be hard on the kids to see their abusers!! tthe cps has until Dec 24th t make a decision on the investigation…our parents have been denied temp custody…they were told that they couldnt petition for custody until the investigation is over…fortunately my husbands parents are able to hire their own lawyer so they will file for custody as soon as they can…I miss my childrens smiling faces and hope that they dont think we have abandoned them…we have had no contact with them at all since the day cps ripped them out of our arms….I wish their was some way all of us hurting parents could be together to comfort one another this Christmas….we all hurt so bad!
Comment by Candace — December 23, 2009 @ 3:26 am
PattyW… it isn’t you. They are just raking in the money for your kids being in foster care and want to keep that income stream. Blame federal laws that give the county their funding. Next time you go to court you can have plenty of documentary evidence and your own declaration of facts. If you have a preponderance of evidence, you should win.
Comment by LindaJoMartin — December 23, 2009 @ 6:39 pm
I am a bit confused at the moment. My twins were removed from me in September of this year. Of course they went off my other case and used it against me. It was still open because of the adoption that was pending for my daughter. On Nov 25 one of my twins went to stay with her dad while the other stayed here in Florida. I didnt know this at the time but the ICPC was still pending. I thought it passed and my social worker had asked me if I was ok with my daughter leaving to see her dad. I said yes since I thought what could me fighting something that passed do. So she goes to stay with her dad. Shes about a few days from being 4 months old meaning a check up and shots right? Wrong. Shes been up there for a month and STILL HASNT SEEN A DOCTOR OR GOT HER SHOTS! Yes the social worker is OK with this. She told me Florida built a reputation to where they dont pay other states back on medical. Now my question is why did they let it go for so long to where she didnt see a doctor? Does it really take a whole month to finally realize hey she hasnt been to a doctor yet? Then heres the dad. He thinks hes all high and mighty and since he has one twin that he can push me around. He as admitted to me that he wont update me on my daughter at all nor give me pictures. His excuse? “Look at the way you have been treating me, do you think I should even update you?” Since when was this about the parents? The social worker knows this and hasnt said anything. Its like they do no wrong and get away with things that they call us on. Im really mad right now. Im tired of getting an “Oh shes doing good” What ever happened to details? Is that so wrong to ask? Im tired of being pushed around on this situation. Im going to bring this up to the judge on my next court date.
Comment by Karina — December 24, 2009 @ 5:56 pm
Patty W:
You really need to register and join the Message Board and Forum here.
There you can network with folks from MI.
There is an atty group in ILLINOIS who might direct you to an active group in MI.
Familydefensecenter.net # on Website.
The atty and their paralegals or office staff might be able to direct you to nearby resources.
Folks have litigated against CPS. As you know from being a legal secretary often the settlements are UNPUBLISHED AND CONFIDENTIAL.
A Mom in Calif was awarded close to 5M v Calif DCFS.
This group was started by a noted Family Law atty who was appalled by the violations committed by DCFS in Illinois.
Other national Websites are:
familyrights.us
Kidjacked.com
Best wishes in your family journey.
F.
Comment by Fern — December 29, 2009 @ 5:29 am
you need to linten to this and we need to get everyone awhere of what americans are facing this is fact and it scared me to death. I hope all of you look at this. Thank you Melinda Bocook http://www.youtube.com/watch?v=I8h4SOwWXdc.
Comment by Melinda Bocook — January 7, 2010 @ 11:34 am
In a way,I hate reading these stories because it breaks my heart and makes me so angry!But the information here has really helped me and others I told about it alot!Just wanted to say I have alot of respect and admiration for what you do here.THANKS!
Comment by stephanie — January 7, 2010 @ 9:51 pm
Thanks, Stephanie! I am always so happy to hear that someone is helped by information found on this site.
Comment by LindaJoMartin — January 8, 2010 @ 12:02 am