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 The law that started this, CAPTA, must be repealed.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.
|
Fighting Child Protective Services False Accusations
December 1, 2009
Wendie posted a comment here yesterday…
Her daughter was taken by CPS and apparently placed with a relative. Now CPS has closed the case but won’t give her any paperwork verifying that. She filed an ex-parte motion with the court but the judge said he couldn’t make a ruling so long as there was an open CPS case.
Meanwhile her daughter is with someone else and she has no visitation rights.
Wendie’s question is “When can I see my daughter again?”
Does anyone here have a suggestion for her?
Wendie - let us know if I got the story right, or if the situation is different than what I understood from your comment.
RSS feed for comments on this post.
Please do not leave LONG comments. We don't need to know your last name, the details of your case, or the names of the social workers or judges. Do not leave any self-incriminatory statements on this blog. Please read the privacy policy before posting. All comments are approved before posting as of 2010. Excessively long comments or comments in all-caps will not be approved.
Privacy Policy - please read before posting anything to this site. (Link opens in another window or tab.)
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email the webmaster and it will be done. However we here at fightcps.com hope you prefer that our researchers continue to benefit from access to your work.
Broken Links: Because many old news articles are taken offline you will find broken links in the archives of this weblog. There's nothing we can do to prevent this problem.
|
Wendie, do you have custody papers? Does the relative who has your daughter have custody papers? Can you just go over there with a deputy and your custody paperwork to retrieve her?
Comment by LindaJoMartin — December 1, 2009 @ 7:01 am
She can write CPS a demand for her file under the 1974 Act (can’t remember what it is called specifcally). A demand for a copy of her entire CPS file, which this Act in 1974 grants her.
THen she can see for herself IF the case is really closed or not. That would GIVE her the closure document, which will say unfounded or substainsiated.
If substansiated and open, she can then write a demand for hearing. If Unfounded, she can then take it and a deputy to her relatives home and demand the return of the child.
If the case is closed with no termination of parental rights, then the relative would be a kidnapper if they refuse to return the child immediately.
This is one instance where the deputy has to protect the parent and not CPS or the foster’s.
Comment by Cheryl — December 1, 2009 @ 7:26 am
I do have custody papers showing I have FULL LEGAL & PHYSICAL custody. I went over with a deputy yesterday and the relative showed the CPS paperwork stating my daughter was in her care. The deputy said if I could show proof(letterhead) from CPS stating the case was closed then my custody papers would be sufficient for me to pick up my daughter. The relative has enrolled her in a new school near her house(because she does not have a car) this is outrageous!My daughter is very confused and doesn’t understand why she cannot come home.
Comment by Wendie — December 1, 2009 @ 9:50 am
Don’t just “talk” demanding things. Document, document, document. If you are pro-per you have an even greater advantage in this area. You ask them (cps) for the RA’s email, the ARA, the SCSW, and of course the CSW. Email from the bottom up, with an accompanying phone call to ensure that they are not on ‘vacation’, stating the timeline of when you need to hear back from them (3 business days etc) once the people from the bottom ie Childrens Social Worker does not contact you, that is your green light to go further.
Now…after you have went through all the proper chanels in that office, it’s time to move quick to the (simultaneously) obudsmans office, your state assembly member (your district), county supervisor, the Governors office, and your senators offices….please don’t be afraid to talk to these people (any of them) they are just people like us, except they are in a position to possibly help.
Everything MUST BE in WRITINg. I made the mistake of running just my mouth with no documentation to back up what I was saying.
Even If you have an attny, you still email that attorney so you can show exactly how you were represented to the bar association.
If you need to contact me feel free, Linda has my info.
You’ll be alright, keep praying….
Comment by Trina — December 2, 2009 @ 6:34 am
Does your daughter have a Gaurdian Etlightem (sp?) Most if not all children in CPS care have one… basically this person is a liason to the courts (volunteer) that advocates for your child only not anyone else in the case. In most states they work out of the CASA office. If she does have one you may be able to get info through the CASA worker. Like the other person stated already you have the right as one of your legal rights to request (1974 ACT) ALL your records pertaining to this case. Also did you have a lawyer working on your behalf they may also be able to get those records for you
Comment by lisa — December 2, 2009 @ 7:53 am
The Freedom of Information Act of 1974….I thought of it finally.
You can use this to get a letter from CPS immediately that says the case is closed. Make sure they date it, as they convientiently try to make your live as miserable as possible.
Just make sure you go to the exact office that has the file in your city.
Make an appointment; get a name, ect.
Then walk in to that appointment as declare “under the Freedom of Information Act, I want a copy of my case file; I will accept a letter on CPS letterhead right now, that states the case is closed, in lieu of the whole file right now.
Comment by Cheryl — December 2, 2009 @ 8:12 am
When you make the verbal declaration, back it up with a properly typed out written request, stating your are using The Freedom of Information Act, as your basis for the request.
Stick to only this Act and do not let them side track you onto other subjects, as they will do. Just keep repeating the ACT.
It has worked for others pretty well. They would much rather give you one peice of paper and get rid of you than have to release ALL that file for you to see.
Comment by Cheryl — December 2, 2009 @ 8:15 am
I am praying for you please keep me and Noa in your prayers.
Comment by Marianne — December 3, 2009 @ 9:24 pm
Wendie
I work for CPS and might be able to provide some understanding. When your children were removed you were given a court date correct? What has happened since. Tell me about your court dates and what they were (ex preliminary hearing, pretrial, trial, review, etc.)
Also poster above, it is Guardian Ad Litem. The GAL is an attorney assigned to represent the best interest of the attorney. A CASA is a volunteer. Just a heads up.
Mike
Comment by Mike — December 4, 2009 @ 6:36 am
I FINALLY picked up a letter from CPS stating my case was closed. However, in meantime Judge in Family Law gave tekporary custody to her father. Her father has history w/ CPS in another County for abusing my daughter. Her father is the one who made false allegations against me. Now I have been collecting documentation to show Judge to get custody back of my daughter.
Comment by Wendie — December 4, 2009 @ 5:27 pm
MIKE,
No, I was not provided with a hearing. The allegations are false, and I have proof. They released my daughter to her father, and closed the case. They stalled me for a week and a half though. This is awful. I would never had believed this could happen until now : / I think I will be okay when I go back to Family law to show the allegations were unfounded. Just alot of needless drama for my daughter in the meantime
Comment by Wendie — December 4, 2009 @ 5:32 pm
MIKE,
email me @ wenndie3[@]yahoo.com
Comment by Wendie — December 4, 2009 @ 5:34 pm
My Ex boyfriend, who lost custody of his two boys, used the FIOA and many threats of lawsuits to obtain his CPS record, EVEN THOUGH HE DOES NOT HAVE CUSTODY. But when I used the same letter, talked to the same people, they keep telling me I do not have access to my CPS record because I do not have custody….??? and in family court the judge says he’s basing his ruling on “cps recommendations”…when I ask what are the recommendations based on, he said, “I don’t know that, that’s in a sealed envelop and is confidential.”
So, let me get this straight, only the person with custody and the mediator (who used to be head investigator of CPS) is allowed to see my records? How can this possibly be legal?
Does anyone know the answer? help!
Phoebe
Comment by Phoebe — December 5, 2009 @ 12:40 pm
Phoebe, you may have to file a motion. Have you got an attorney to help you? Even a court appointed attorney will sometimes go after the records.
Comment by LindaJoMartin — December 6, 2009 @ 7:13 am
hey I’ve been in a fight and current against children services in springfield ohio.
we went to these people for help
medicaid to pay my daughter medical bills and her medical treatment do to vaccines putting my daughter into cardiac arrest. Make a long story short they been in our lives four yrs and took my children away on false pretense. We are a Bible believing christian family. But I won’t bow down to this system. is there anyway we can sue this agency. please help email me at themoyerfamily[@]hotmail.com
Comment by joel moyer — December 13, 2009 @ 4:40 pm
Joel, yes, you can sue. A lot of people sue in federal court on violation of constitutional rights. Go see a constitutional law attorney.
Comment by LindaJoMartin — December 13, 2009 @ 7:12 pm
I would be very careful about any one claiming they work for CPS and whos name happens to be Mike. This is the first name of the CPS investigator who kidnapped my children from me, and he is corrupt to the core! Just an FYI, listening to the advice already given especially by Cheryl will get you where you need to be. I am not an attorney. My prayeres are with you!
Comment by Diane — December 20, 2009 @ 3:36 pm
Hi Wendie,
My name is Lisa. I was wondering if they had paperwork to pick them up. The court should have ordered them to provide papers. My children were taken a year ago . They took them because my youngest daughter, 8 months old at the time, fell and got hurt in my mothers care. She took her to the Dr. and he sent her to nd I have been doing everything that they asked of me and they are still adopting my children out without any further investigation. If they actually think that my baby girl was beat on purpose, then why have they not made this a big investigation and got some answers somehow, instead of ruining my three girls lives and they have no proof that she was hurt on purpose. I just had a new born and they took her two days ago and I have done nothing wrong. Please I need help from anyone that has any information on anyone that I could get in touch with. Our lives depend on it. E-mail me at pooveylilmama[@]yahoo.com All comments are welcome. I have no where to turn and I am hoping this would be a good way to get in touch with everyone, so please once again and God Bless You!!
Comment by lisa p — December 22, 2009 @ 6:54 pm
wendy, im no expert, and i am in a similair situation. but now my family member has messed up and she is being investigated. do you still have your parental rights? if you do you need to get the hell off the drugs and figure it out. my daughter was adopted out to my cousin. now she is dirty and i am clean! if they take her from my cousin i wont see her until she is 18.
Comment by tamera — December 24, 2009 @ 8:17 pm
wendy my exdaughter in law has guardianship of my 15 year old son my case was closed in july2008. in august 2009 my ex daughter in law filed a petiton with the court after i told her i was fileing a petiton to regain custody.her petiton was to move out of state the judge heard her petiton first and said my petiton would have to be heard another date and gave my ex daughter in law permisson to move to ohio.I asked the judge for a vistation order. and she asked my ex daughter in law if she needs one and she said no. my son is 3000 miles away and and im not getting any visits and there is nothing i can do to change it. I feel your pain.
Comment by patricia cleary — January 22, 2010 @ 10:41 pm
Patricia, if possible I’d move to where your son lives. Then what could she do to keep him from you?
Comment by LindaJoMartin — January 23, 2010 @ 3:11 am