|
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 The law that started this, CAPTA, must be repealed.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.
|
Fighting Child Protective Services False Accusations
January 7, 2010
People who need CPS defense lawyers can post their information here…
Please post on the most recent page of lawyer requests.
Please read before posting:
If you have a court appointed attorney, read:
Make Your Court-Appointed Attorney Work For YOU
Check out this page:
Lawyers who take CPS defense cases – but do NOT post there unless you’re a lawyer accepting CPS cases, or someone recommending a CPS defense lawyer.
RSS feed for comments on this post.
Sorry, the comment form is closed at this time.
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.
|
Hi there my name is Jennifer.
I need some help with a custody battle with my 2yr old daughter Kaitlyn.
I filed for more of a parent child realionship and had a social study I have the report. I do see my daughter on the first and three saturday of the mnth for 6hrs and they live in temple texas there are to agree with me on where we can meet and they tell me if i want to see my daughter i will come there cause there not paying for me to see my daughter.That no courts or judge or cop will make them.
the only holiday i get with her is Dec 23 for 6hrs had to do it at the park not allow at there home. I do also have pictures of my daughter with burn marks and all, the social worker has those as well and they didnt corpated with the social study lady she call the shafers to set appoinment to bring Kaitlyn to dallas and The Shafer’s set a good time and they never show up or called to say there where runing late.So they were a no call no show, I have done everything i was to do, Yes i do pay child support and buy my daughter things as well. This a lil of what i go through with these people.
Then three mnth later the people where my daughter is staying put in for ternaiton and to adopted her claiming she is her grandparents
and they are not kin to me at all.Cps is the one who removed her and place her with the Shafer’s and they are a family friend of my x husband who is in prison for sexual abuse to a child and i have no idea why they would place my daughter there its not making any sence to me and in one year i can file to get my daughter back,then i found out in the report from social study people that the shafer were turn in for neglet in 2000 for allowing there children outside with a sexoffender unattened and why in the hell did cps but my daughter there knowing this and short after placing her in the home of the shafer then they close it i see why now. I want my daughter out of there now
Comment by Jennifer — January 8, 2010 @ 5:48 am
Need WA state Attorneys who have a heart to fight for children. Sexual abuse was named and claimed in court. Corruption is for sure going on. Why would the children be placed at risk???
Comment by KARI MCDONALD 509-488-5193 — January 8, 2010 @ 9:14 am
hi my name is kristin, i won a cps case charging me for neglect because of my former boyfriend/father of 3 year old. i also have a seven year old from a previous relationship. he beat me in front of my children and that was considered neglect even though i got an order of protection and kicked him out and had no contact they took my children and placed them with my mom for a year while my case was going on , in the end i was proven not guilty of all charges and the father was found guilty of all charges and recieved 6 months in jail, my seven year old is no longer on the case the three year old is still on the case because of ongoing investigation through cps through the father but they keep harassing me, showing up at my house all the time, never checking for food or childs wellbeing only wanting to know what i am doing , going to my seven year old’s school questioning her weekly even though she was dismissed from the case. I have called everyone i can , im only 26 years old , i dont know what to do , they dont care about my childs well-being it seems like they only want to take them away again even though they both are happy and well taken care of , i only have the support of my family and friends can someone please help me! sincerely, in need of help (lilmommy11483[@]yahoo.com) kristin.
Comment by kristin — January 8, 2010 @ 10:20 am
I am a 26 year old nursing student starting my senior year on Monday. I live in San Antonio, TX. A couple of weeks ago my ex boyfriend and son’s father got enraged because he was endangering my son’s life when he had him for visitation and I said I’d take legal action to get supervised visits until our son was old enough where I felt he could speak for himself he has also been on the brink of melting down due to my current relationship of almost 2 years now. Well out of anger he called cps and made wild allegations about me, my boyfriend, my sister, and my parents. Cps came to investigate and my boyfriend and I passed our drug tests and background and children are medically taken care of etc…my younger sister passed her drug test and moved out of the home with her daughter because my parents who are both professionals with clean records home owners upstanding citizens etc admitted that on occasion with their friends they smoke marijuana, never here, never around the kids and I didn’t even know. So cps closed my sisters case, but called me today to tell me that even though my boyfriend and I and the kids medical records and everything checked out that because of my parents we have to find a place to move to by Monday and they would hate to ‘put me through what I’d have to go through if I couldn’t’ so with my boyfriend having been laid off and hasn’t been able to find a job paying well enough to support us all outside of my parents home and me being a full time nursing student we are stuck between a rock and a hard place. My kids have a great life here, their own rooms, their own bathroom, a large backyard full of toys, all the cartoon channels, all the things kids could want or need is provided here and we face having to possibly move into a shelter?? The guy from cps said to call his boss and she could explain what would happen to me if I couldn’t find a place to live but she won’t answer or return my calls. Its friday at 1:08PM I was informed of this at 11am this morning and I have until monday to move?? I have no lawyer and I at least need legal advice here. Can they take my kids if I can’t move?? Is there any options? What is happening?
Comment by Crystal — January 8, 2010 @ 11:11 am
I need an attorney in South Florida who will help me sue CPS for the hell they put my family through the past year.
Comment by Abraham — January 8, 2010 @ 7:22 pm
Jennifer, check the lawyers page as there are some Texas lawyers listed there.
Comment by LindaJoMartin — January 8, 2010 @ 7:51 pm
Yes, Crystal, it would be best to move. So sorry this is happening to you. Do you have a friend you can move in with? Maybe a temporary shelter? Another relative? If they drop the case you’ll be so very lucky and it is great that they are giving you the opportunity to move rather than just ripping your kids away for something you didn’t do. Sounds like they like you and want you to keep your kids, but they’ll be forced to take action if you don’t. Even renting a small trailer at a trailer park would work temporarily.
Comment by LindaJoMartin — January 8, 2010 @ 8:05 pm
Kristin, stay calm and cheerful around the caseworkers. Act like you’re happy to see them even if you hate their guts, for now. They are probably just keeping watch to make sure you don’t reunite with the abuser. Many women do!! So they’re checking. You’re very lucky to have your kids at home. Many children are taken away permanently. They must like you or you wouldn’t have your kids home today.
Comment by LindaJoMartin — January 8, 2010 @ 8:08 pm
My daughter made an outcry to her school counselor that her father sexually abused her. She was living with me at the time. He had two of my children that he had taken from me and managed to temp orders to keep. CPS refused to remove those children from his home, yet found me guilty of negligent supervision for allowing my children to visit my husband after knowing he had molested two other daughters (because my lawyer said I had to!). My husband made stink about a boy I took into my home after his parents threw him out of his and made wild accusations about the boy using drugs and me using drugs and other things. CPS is buying into my abusive husband’s lies! I got a court to award me custody of the two children in my husband’s home and they threatened me with removal because I had an unsafe environment in my home. A week later my daughter that made the outcry against her father got in a fight with me, refused to go to school, hit me several times, cursed at me and I slapped her. She threatened me with CPS and I took her younger brother to school. She called CPS and told them that I slapped her repeatedly and refused to let her call them….even though there was this boy in the house that would have beat the crap out of me if I would have hurt her like that! They removed all 3 of my children that day on an “emergency removal.” I still don’t see the emergency. The court refuses to give my children back and has set a court date four months from when the children were taken!!!!
Comment by Valeri — January 8, 2010 @ 10:51 pm
Crystal,
I soooo feel your pain. Get out of there, hon. You don’t want to deal with CPS if you don’t have to. Get into a shelter over the weekend and seek subsidized housing or somethng. The shelter may be able to help you. CPS should help you, just depends on the type of people you are dealing with. The stated policy is to keep families together….unfortunately it doesn’t work that way for some of us.
Comment by Valeri — January 8, 2010 @ 11:06 pm
i am the mother of 3 i reside in maine
my family was spilt up about 3 weeks ago
because they braw beat my husband till they got what they wanted to here
i have told them he gave the confession under duress and they say no he didn’t
well he has a stress anixety disorder with depression. he was at the police station 5 hours
we need a lawyer to help us keep him from going to jail for something he did not do
or any help at all cause they have decided to think that we are just going to do what they want without a court order
so if anyone know of a lawyer that will take payments and can help please send them to my email chiandalimitchell[@]yahoo.com thanks
Comment by alicia — January 10, 2010 @ 10:16 am
My name is Dakota. I need a lawyer in WA who can help with my CPS case. I am 17 years old, and will be 18 in march. I have a 5 month old, 6 months on January 21st, daughter named Janelle. She recently had gotten broken blood vessles in her eyes, she’s had them before at birth and once from crying when she had caught my cold, but they had never been this bad before. She’s become much more mobile in the past few weeks, and has a jumper that she regularly plays in. In just the past 2 weeks she had shown 3 bruises on her face (1 on her forehead was from her learning to sit up, and then leaning until she hit the carpet she was sitting on, she didnt cry, just rolled over and laughed. We think the other two were from the toys on her jumper but are unsure) and she has a bruise on her chest, which we thought was from when she rolled on to her stomch with the binky clip still attached to her shirt, it was the same size and about the same shape so I wasnt terribly worried. But when we took her to the doctor, my doctor who I’ve had since I was like 4 decided we should go to Children’s Hospital where they determined that she had rib fractures. We have no idea how she could have gotten them and were very scared. They first told me a couple fractures, then 7, then someone else told me 9, and the detective told me 10. They never let me see the x rays, and when requested by me never gave me the results to the blood work. A visiting nurse that works for the state has visited, by my request, every month since her birth and has never seen anything indicating abuse. I have a camera FULL of pictures of bathtime, time in just her diaper, playtime, tummy time, of her since she was born with no bruises at all. I have several friends, and family, and friends parents willing to testify that I am a great mom. I have NEVER hurt my daughter and I just want to know what is going on. She’s never been out of my sight, unless with my parents. She’s never had any signs of being in any pain at all. She does have a couple of symptoms of Osteogenesis Imperfecta, that I found online on their foundation website. I dont know if that could be it, or if the jumper has been injuring her, I just want to know whats wrong, and all the doctor’s ever did after finding the rib fractures was accuse me of hurting my daughter. She’s in protective custody, but I’m trying to have her moved to my friend’s sister’s who is a registered foster parent, or to my boyfriend’s parents. He is not her biological father, but he will refer to her as his baby, he loves her more than anything. I havent talked to her biological father since december 08′. I need help, immediately. The hearing is on Wenesday, January 13th. PLEASE HELP!! email- freezipink-at-yahoo.com.
Comment by Dakota — January 11, 2010 @ 12:22 pm
I am Ada and I live in Murfreesboro, TN. On Christmas Eve CPS came to our door saying that bogus allegations were made of drug use and Abuse in the home. Since we did not know our rights we did not submit to drug tests on the spot. We asked them to give us a court ordered drug test. They said they had to put our child in a safe place, which at the time was my mother’s house an hr away. I was also arrested that day for Domestic Assault which was dismissed today due to me not even touching by baby’s father. I pushed a chair in to get by and was charged with assault just because they wanted to get me out of the picture so they could take my child. My six month old has never been abused or neglected and has the best of everything. There is no drug use or abuse in the home and since the allegations were made we have passed two drug tests. I have still not gotten my child back and the allegations have been proven inaccurate. I cannot afford a lawyer and would like to find someone to evaluate my case and stand up for me in court. I am outraged by the system and my son needs to come back home ASAP. It is detrimental to his development to be away from his mother for an extended amount of time. A mother knows what is best for her child. And I have done no wrong!
Comment by Ada — January 11, 2010 @ 5:14 pm
My name is Jason. I live in Nebraska, I am 28 years old and have a son age 5 months with my girlfriend. On January 2, she became angry and started yelling at me to leave but would not get out of my way. When I pushed her aside she called the police who gave me a verbal warning to leave for the night so we could both cool down. The following Thursday CPS workers showed up at our house to conduct an “investigation” into my son’s well being. During the investigation I was forced to sign an agreement to seek counseling for being an abuser or they’d take him away. I didn’t know my rights at the time and figured this was the best thing to do. I was worried, and wanted it to be over. Since then my girlfriend asked me to leave and called the CPS worker who told me if I did not leave in 15 minutes the case worker would call the police and tell them I was beating my girlfriend. I left to avoid any possible charges, again figuring it was best for my child. Since then the CPS has involved two more case workers who are becoming more and more aggressive and threatening. I am getting three different stories from three different case workers who contradict each other at every turn. I have also been threatened that if I don’t agree they will make up a charge to get my son from us. They have also moved a case worker into my house 24/7 for his well being. I don’t have the money to pay for a lawyer, but they have told me they are taking me to court and I need some one to represent me. Any help would be appreciated. If you need to or want to contact me please email me at carpet_mark[@]yahoo.com
Comment by Jason — January 12, 2010 @ 9:39 am
I live in Honolulu, HI. I return to court to discuss paternity and status of the case in March. I need an attorney who does this for Lo-Bono or Pro-Bono. I can not afford a retainer and the fact that I have a job, I don’t qualify for a court appointed attorney. I am the perpatrator. I hurt my child and turned myself in.
Comment by Tracy — January 12, 2010 @ 11:23 am
my sisters 5 children are in foster care they live in indiana. i am trying to get custody of the kids but they wont give them to me because i live in illinios i really dont want the kids to have to be in foster but i have no way of going about geting them can some one please help me?
Comment by Tieonna — January 13, 2010 @ 11:07 am
i need an attorney in texas that is brave enough to help me sue cps for the pain and suffering that i have endured when i was in foster care and also for the suffering that i still face today as well as the fact that due to their negligence i cant join the mililtary or get a serious job or career and not to mention no one takes me seriously now.. can someone help me??? is there an attorney brave enough to help me face cps???
[Webmaster note: email me if you're an attorney wanting to take on this case - webmaster at fightcps.com]
Comment by michael salonga — January 13, 2010 @ 1:41 pm
My grandchildren have been in CPS custody since Oct 2008 and it seems that CPS is deliberately keeping them from their family. i need to know what our options are.
Comment by Theresa Richardson — January 13, 2010 @ 8:39 pm
I had my grandniece for 4 years since she was a newborn. Her mother, my niece wanted me to adopt her daughter. She was pressured into signing away her parental rights by CPS who had already taken the father’s rights in courts, where they falsely promised that this was the only way her daughter would be with me.
Last August 2009, CPS came and suddenly took away this little one from me without her even getting to say goodbye. They are charging me with neglect and maltreatment even though this child had been in a childcare center specializing in abuse for 3 of those 4 years by CPS insistence, and the center even recommended I adopt her in a letter to the adoption Team. The CASA is completely useless as she simply rubber stamps everything that the State does without question, even when she knew there were times CPS was endangering the child. As a matter of fact the CASA also wrtoe a letter of recommendation.
I have not seen this little one since she was taken without even being able to say goodbye, they have found no abuse with her or my grand duaghter whatsoever. The same allegations made against my son and the mother of my granddaughter were considered unfounded because they have more rights, that I did not.
At this time I am working on appeals with administrative hearings and am being scheduled for the first one soon. Because of their false allegations, which will stick to me for the rest of my life, the work I used to do as a preschool teacher is also no longer an option thanks to these false allegations.
There is much more to tell that would be too long here. I can do a lot of the work myself for the appeals, but I am lost where to begin with the Discovery and writing the affidavits and serving them and what legal strategy I should take that would be the best way to go.
There is a complaint I filed with the Health and Human Services Office of the Inspector General here: http://docs.google.com/Doc?docid=0Ac5_f9nK7D_jZGY2Z25uazdfMTUyZzliNno2Z3c&hl=en . I do warn you the document is long because it entails the documentation of over 25 years of abuse by CPS, which left my chidlren and and now this little one devastated thanks to the decisions made by CPS. They were never taken from me or abused, but this did not stop the terrible damage done to them thanks to these decisions.
Along with returning this child to the only mother she has ever known, I want these people to be held accountable for their lies and the cruel way they treat little children and the devastating consequences that resulted already, much less that they are continuing with this next generation.. I need to clear my name as I am ionnocent of their allegations and yet because I am “just” a relative, I have no way to defend myself, it is like a witch hunt where these hysterical people can simply point the finger and then everything is fact from then on
Thank you so much for your time.
Cat in Seattle, WA .
Comment by Cat In Seattle — January 13, 2010 @ 10:25 pm
Tieonna, the caseworkers would need to do an interstate transfer, and apparently it is a pain in the neck to many of them and they avoid doing it. So… get your home inspected by the local CPS agency and hope they’ll get behind the request to transfer the children. You can get an attorney. Also you and your sister can request a state administrative hearing on this matter in the county where they’re being held. I think your sister would need to make the request but you could attend the hearing to talk to the Administrative Law Judge. Move fast… for the children’s sake.
Comment by LindaJoMartin — January 14, 2010 @ 12:13 am
Theresa, read as much as you can on this site and you’ll hopefully come up with some ideas that will help in your case. You didn’t mention what state you’re in.
Comment by LindaJoMartin — January 14, 2010 @ 12:26 am
Cat, I hope you’re able to find a lawyer to represent you. Have you contacted WA Senator Pam Roach? She has a blog that exposes CPS in that state.
[Webmaster note: email me if you're an attorney able to help Cat with her case - webmaster at fightcps.com]
Comment by LindaJoMartin — January 14, 2010 @ 12:42 am
My name is Glenn, and my wife and I have been married for almost 20 years. We have three children, 21, 18, and 2. Twice in the last year we tried to get my oldest son into treatment for heroin addiction, but he was denied both times. He came to us in December and said he had a way to get clean and could he come home to do it. Of course we agreed. He obtained some Suboxone from someone, which is a drug used to treat heroin addiction by reducing the withdrawl symptoms. Some how he dropped a piece of one and my two year old ingested it. We immediately rushed him to the hospital, told the doctors what had happened and what he had ingested. (that is a whole other story). Due to the nature of the incident cps was called, and they sent the local (LYING SCUMBAG) police to our home. My wife let them in to take photos as we felt we had nothing to hide, (DON’T EVER LET THEM IN WITHOUT A WARRANT!!). The caseworker used 15 yr old unfounded reports and the lies of the Cosmopolis police to say that our two year old would be in imminent danger if returned to our home, and on New Years eve kidnapped our son from the hospital room. Apparently all the information obtained in 2006 by cps when we attempted to get custody of our niece (who was a ward of the state in Colorado), including personal references, recommendations from social workers in Colorado and even the case worker here in Washington, were not even looked at by the case worker who made the recommendation to take our son. We obtained a lawyer who was given a 3 inch stack of paperwork minutes before our first hearing, contrary to state law, which didn’t give him enough time to properly present any type of defense. I don’t think he handled it properly, but not being a lawyer, and not even having had a chance to look at the RCW’s, I was unaware at the time that this was even against the laws of the state. I am concerned about the long term damage being done to our son, and to my whole family by this kangaroo court, and it sickens me to find out that these people who profess to have the best interests of the child in mind can do this type of thing with impunity. I will fire my current lawyer, who I get the feeling is just one of the “good ol’ boys”, if I can find someone who will represent me with my child’s best interest at heart. Please help! I can pay!
Comment by Glenn and Gretchen Lee — January 14, 2010 @ 7:54 am
I NEED HELP AND AN ATTORNEY MAY MAKE $1 MILLION
Comment by Susan — January 14, 2010 @ 8:01 pm
PROBLEMS POSTING….
As you can see I said that an attorney if willing to assist may make a million dollars or more, and no this is no joke.
I am stuck in a neither world of attorneys all in it together with the help of a second “expert:” witness who my attorney exhusband paid $280,000 to lie about me in court. I am in “family connections” which is a sick joke since it takes place in a filthy floor of the court house and my brilllinat daughter 6 yrs old is NO RELATION to my ex husband. 20 years ago being homo/bi was negative, now no one cares, but he married me young i was 18 he 26 b/c as he later put it he needed a wife and a son to put on his desk. long story short we never had sex, lived apart often, went to counseling, he is homo/bi and my son who is his child made multiple sexual compliants against him, one night he ran out of the bathroom naked screaming daddy hurt my weiner touching it again, i called the cops, they came out, the next night they sent a special detective, after the intervew the cop told me he wanted to speak with me privately, he told me”i know what you said, he said and your son said but if you dont’ have him out of the house tomorrow i am arresting you for allowing your son to be molested-he was 5 at the time in 2000″ my ex moved out to my parents home.
The same cop, many pay grades later lied on the stand and said ” i would never have said that it is unethical” at 11 in 2007 my son said, mommmy i can’t take it anymore, daddy takes me to his boyfriends, smokes drugs passes out and makes out and i have nothing to do and there are guns all over, my son took me to the house, it is filled with felons and no children, they even have a camera facing the door and street to see if cops are coming, during the divorce b/c i am on pain management my ex accused me of having problems with my meds, the judge said both of you take a test–my ex atty husband is a drug user hanging out with convicted felons–he passed knowing the court date, i passed as well, i then screamed across the hall infront of every ad litem, dcf worker, cops, everyone, Lets take a hair follicle test to show the last months, he spoke with his atty who screamed back infront of all these people who supposdedly care about kids “I AM NOT READY TO COMMIT TO THAT AT THIS TIME” DUH AND DUH HE WOULD HAVE FAILED.
The ad litem paid by dcf sexually harrassed me all the time and has a weird almost sexual relationship with my ex. long story short the judge gave me my kids, from months of stress i fainted, got a concoscion and was hospitalized with a seizure for a week during that time he put in a request for my kids b/c he told me, i want the house, i need both for that–my daughter 4 at that time NEVER KNEW him at all, he would say, get your kid away from me, he hates her, abuses and neglects her, i have pics, video, statements, none matters b/c the very people to care about kids want to keep their jobs and dont’ care at all about kids. My ex hired an expert phys. to say he was better, the guy took 10k from him and then said after testing all us except my daughter, she was never part or mentioned in the divorce and he bio family loves/wants her, my son hasn’t been able to call me in 3 years! b/c his atty dad won’t let him use the phone, long story short, the psy. said, man, you are screwed up , i won’t lie for you.
He shopped and shopped for another and 4 hours north and for $180k yes 180,000. he found a woman psy to lie for him, the judge btw falls asleep in court, and is beyond stupid, but this woman wrote 1. he is more likely to share, etc. he did none, i see my daughter not even related or known to him only once per week for 3 years, my son NEVER my son is now 14 spinning out of control b/c i was a single mother with my kids since my son was 5 until my ex wanted the divorce. i don’t have a case worker b/c there is NO CASE agaist me, this female psychiartrist makes all her income as a paid whore/expert witness and now ALL of her bs has been proven wrong. Since there is no case against me, i am trapped in the system and spent my parents life savings fighting him earlier.
I don’t know waht to do and then i see that guy in Brasil where the child was being cared for, my little girl said in front of family connections/dcf and cop there, john knocked out both my teeth, she has so many bruises, stories, its not his kid, but no one cares and since it is civil and i am trapped without any case worker b/c i did nothing wrong, i have no representation. This psy. whore should be sued for malpractice for millions–she lied to make money and her written statements are now evidenced as 100% wrong as my son went from catholic, oh, neither child is allowed to practice religion, education, nothing. please help. thank you
Comment by Susan — January 14, 2010 @ 8:24 pm
Glenn and Gretchen, if you have your older children move out will it make it easier for you to convince the court to let your little one return home?
Comment by LindaJoMartin — January 14, 2010 @ 9:48 pm
I have been trying to get my daughters cps report. cps caseworker and austin have told me to just ask i have requested three times still no report. My ex and her family who have my daughter is all on drugs etc. cps investigated several times over at the home and neever notified me of the results or what action or treatment was taken and have failed to give me the report has a Father and parent of a 18 month old little girl i believe i have that god given right to know my daughters case history etc. please help me find out how to get her file.
Comment by noah washington — January 15, 2010 @ 9:12 am
this is noah again if you know how i can get her file would you please and what i can do about the case worker who delayed my request please email me at magjohns4[@]aol.com
Comment by noah washington — January 15, 2010 @ 9:14 am
Hi everyone my name is Markeshia.My son was brutaly ripped from my arms at the age of 10 months by 2 MALE police officers and a MALE social worker.All this happened when I was 17 years old.My son has been placed in a foster home I have kept in contact with the foster mother who later became his adoptive mother.She decided that she didn’t want him any more and terminated her rights to him.He is now in another foster home pending adoption.I am afraid that he will do something that these people don’t like and will be put back into the system again.I want to have my rights reinstated back to me so my son can come home.I have delt with this for over 13 years while DHS continues to come to my home with lie after lie trying to get their hands on my 3 girls that I now have.If anyone out ther can tell me where to go to get help them please send me and email.My email address is markeshiazimmerman-at-yahoo.com.Thank you ang may God be with you during your fight.
Comment by Markesha — January 15, 2010 @ 6:42 pm
Noah, did you request the file in writing? Did you mention your state’s Privacy Act? There’s an article near the bottom of the left-hand column about requesting through the Privacy Act. If you do that right and they turn you down then you can take it to court.
They probably won’t want to give you any information they consider private concerning your ex, so it could be you’re not going to get the whole file.
Comment by LindaJoMartin — January 15, 2010 @ 8:15 pm
Markesha, I’ve heard of cases where the terminations were reversed years later. It is rare but it does occasionally happen, so I’m wishing you good luck on figuring out how to do this. I’m feeling so sad for your dear son!
Comment by LindaJoMartin — January 15, 2010 @ 8:17 pm
I have not been served by CPS. I visited CPS when I received a notice on my door that I was referred to them for abuse/neglect of my 6 year old.
I went to their office with my 14 year old. They gave me the option of voluntary placement of my kids with family or them going to foster care via court order.
I was assigned a case worker and sevices to perform.
I moved to a new county and my case was transferred. I was to have 12 therapy and parenting sessions, 26 weeks of intensive outpatient therapy and a psych eval. I got half of the therapy and parenting sessions done. I moved and was assigned another case worker agaiin.
I asked about doing the rehab all at once (24/7) rather than the 6 months. I asked for that about 3 months ago. I keep getting a new case worker or no answers. My ex now has custody of my son by default, stating I have a history of abuse and neglect (do not). I need the case closed and the parent-child relationship order he filed for, reversed. This is killing me.
Comment by Christy — January 16, 2010 @ 6:45 pm
Christy, good luck getting this painful situation resolved! Learn as much as you can about fighting CPS in court, from this site and others like it. Be your own best advocate.
Comment by LindaJoMartin — January 17, 2010 @ 1:10 am
they took my kids from me because of something my ex said they let me leave the state with my 2 older girls but would not let me have my twins i need help in the worst way i dont have alot of money or time to get them back and wolworth county in wisconsin will not work with me at all all i want are my 4 little girls please someone help me a little
Comment by roy durham — January 17, 2010 @ 1:19 pm
I am the paternal grandparent. Need Atty. in RENO, NV. to rescue my grand daughter from emergency shelter. Son and daughter in law in jail accused of “child neglect”. They were home in their apt. with their daughter. Son has case manager through mental health services and SHE IS A MANDATED REPORTER – the case mgr. told ME there was nothing to report. I believe my son and his wife may be victims of false reporting by a mentally ill adult who lives in the same building. MAIN concern – getting my grand daughter home with family
Comment by Michelle — January 17, 2010 @ 1:46 pm
Roy, do you have a court appointed attorney? Have you written an affidavit on your own behalf? Good luck with your case…
Comment by LindaJoMartin — January 18, 2010 @ 2:33 am
Attorneys, if you want to contact any of the people above, if there’s no contact information in the post, please email me: webmaster at fightcps.com
Comment by LindaJoMartin — January 18, 2010 @ 2:35 am
Michelle, your local law library probably has a copy of the social services regulations. In them you can find your state’s kinship care law and copy it. Show it to the caseworker. Request that the regs be followed. If they don’t approve this for you, then your son can file for a state administrative hearing at which you can present your case to an administrative law judge; they’re supposed to make sure all regulations are followed.
Comment by LindaJoMartin — January 18, 2010 @ 2:39 am
Hi
My husband and I need an attorney, we have been dealing with CPS and their false accusations for almost 6yrs. They have separated my children and refuse to allow them to stay with family. All of this started over housing issues, We were living in a hotel. After they removed our babies, the lies started. I know what they are to doing to my family has to be illegal, but we cant afford to defend ourselves. Please Help!!!
Comment by Felicia — January 18, 2010 @ 7:50 am
Felicia, this site has resources for people to learn to help themselves by learning to write legal documents, and to use other techniques, to become their own best advocates. Take a look around at this site and others like it. If you’ve been involved with CPS for six years I’m guessing that you’ve had legal representation from (probably) public defenders or other court appointed attorneys who did not represent you as well as they should have. When you’ve got such an attorney you need to work with that person to make sure he or she will represent you to the best of their ability. You didn’t leave any indication of what state or area you’re in. Please read the articles at the links in the message above. I wish you the best of luck in protecting your children from the child ‘protectors’.
Comment by LindaJoMartin — January 18, 2010 @ 7:58 pm
I expect you to be 100% aware of what is happening with my case at all times, and to inform me immediately of any changes.
I expect you to obtain and share with me a complete copy of the case file including all case narratives.
I expect you to help me compile substantial evidence to prove my innocence in this case by preponderance of the evidence.
I expect you to produce legal paperwork including a complete response to all caseworker reports, declarations supporting my side of the case, and other documents as needed, and to present those documents to the judge or juvenile court referee who hears our case.
I expect you to do everything you can to prevent my name from being included on the central index, blacklisting people from working with children. I am innocent and my name should not be included on that list.
Comment by KimD/S. — January 18, 2010 @ 8:10 pm
How is it that a DCFS indicated report can be unfounded one minute and founded the next, in addition, after a director’s decision expunging all allegations has been made how can the affected children remain in custody of the court and DCFS and lastly, how is it that these two parties are allowing one of the children to be in the care and custody of a convicted child abuser, who upon a decision made by a previous court is to not have any child under the age of 18; including her own, in her care?
How is it that an Assistant States Attorney has the power and authority to conceal information and misconstrue the facts pertaining to the case when they had knowledge of the facts; first hand, prior to this courts date? How is it that a neglect/abuse investigator and caseworkers have the power and authority to falsify, mislead and control a court with nothing more than neglect of law and the orders it makes? In that court, how is one to find justice when the administrator thereof refers to one as a perpetrator in open court? Not only that, but what is one to do when their appointed defender ignores and threatens them when they question what is going on?
Who is accountable, who is responsible and what can be done when a family suffers in their control?
Comment by KimD/S. — January 18, 2010 @ 8:11 pm
I need a lawyer to get my six month old back. I took her to the ER to be checked out because I suspected she was sexually abused at the babysitter. Unfortunately, it turned out I was right, but crazy of all crazies, CPS believe I did this. I need a lawyer pronto! Is this world crazy or something? Please I miss my baby. I gave them a sample of discharge I had taken when changing my baby. Somehow THAT disappeared. it seems that money does indeed run the world because I have no money and this is what happened! Please help. I called the FBI but they said they cant do anything. I am still waiting for Oprah and Al sharpton to reply. I need my baby. She is in the care of her father. Please help.
Rosann
Comment by Rosann Hamilton — January 19, 2010 @ 7:59 am
My Children Are Being Abused In C.P.S. Foster Care
*Please Forward This To As Many People As Possible*
Is there any one out there who can help us in any way? Please our time is up Feb. 10th, it’s probably too late and putting it to God and the Universe is our last hope.
Summer Borboa
1675 9th Street
Firebaugh, Calif. 93622
Phone (928) 916-1918
TO WHOM IT MAY CONCERN:
My name is Summer Borboa, and I am writing you this letter today regarding my 3yr old son Shawn and my 2yr old daughter Trina. They are currently placed in foster care thru C.P.S.
There has been times I would go to visit my babies and my son would have bruises on his head, choke marks around his throat. When asked what happened he replied mom did it and pointed to the foster mom. I would call my worker down to see him and she would assure me she will make a report. Later when I would ask her about it all she would say was there was never anything filled, so there is nothing to tell. Another time I went to see him he had two black eyes (pic. enclosed) again when asked what happened he replied mom did it and pointed to the foster mom. Again I called my worker down, and she said Summer he’s a two year old it happens. Another incident when I went to see my babies my son had lice so bad his head was bleeding.
Now my daughter, when she was about a year old she was hospitalized with staff. No one contacted me. So when I found out (on the 3rd day) I contacted my worker to let her know Trina is allergic to sulfa drugs which is the drug used for treating staff. So on top of being hospitalized with a staff infection she was being pumped full of an antibiotic she was allergic to. All my worker could say to me was it slipped my mind to call you and tell you what, do you want me to say. And to top it off Trina sleeps in a room in bed alone with a grown man, who brags about sleeping in bed with her.
I completed a 3 month inpatient drug program and numerous other classes that C.P.S. has asked of me. Still my reunification services got denied, and my court appointed attorney has done nothing to try to help me get my children back. When it was time for my trial he didn’t tell me I could have anyone come testify on my behalf. When I asked him he said it was not important to have any witnesses. I also asked him to help me fill out my appeal papers, which he refused. When I did file my appeal he called left a message on my voice mail saying how dare I file papers without asking him, what do I think I’m doing filing for an appeal. I recently asked him to drop himself as my attorney and he refused.
My next court date is set for February 10, 2010 and I have no idea what to do. If there is any way anyone could possibly please help me, or have any advice it would be greatly appreciated.
I would like to thank you for taking the time out of your very busy schedule to review my letter.
Thank You,
Summer Borboa
Annette Traylor-Smart
1675 9th Street
Firebaugh, Calif. 93622
(928) 916-1918
To Whom It May Concern:
Growing up in a family of police officers we put our faith in justice and a court appointed attorney.
I’ve had my daughter calling me after C.P.S. visits with her babies because her 3yr old son Jun-Jun (Shawn) had hand prints on his throat and bruises on his head and ears. Another time both his eyes were black (pics. enclosed). When Jun-Jun was asked what happened, he pointed to the foster mom and said “mom did it“. One other time she called me because Jun-Jun had lice so bad his head was bleeding. On 01/13/2010 at a visit Jun-Jun showed his mom a cut on his leg and when she asked him what happened he told her, “mom (the foster mom) put me in bath of cold water and I don’t want cold water and was trying to get out of the bath and I got ouhie“.
On 08/28/2009 I had a grown man brag to me about sleeping in bed alone with my 2yr old grand daughter and how he used to sleep with the last little girl they had too. While the foster mom is bragging to me about the 5 bedroom 2 story house she had built with the money she gets from babies, and how she is close personal friends with Arnold Schwarzenegger. We called the attorney and everyone at C.P.S. that we could get to listen. Not only did the attorney do nothing neither did the social workers.
C.P.S. weaned the children from their mother and hen did a bonding study. Her attorney has done nothing to help her. The Judge went as far as telling my daughter and giving her the form to file for an appeal for her family reunification services. Her attorney refused to help her fill the forms out and file them. When She filed the appeal on her own he called saying how dare she file an appeal. (Which was later denied because we didn’t know what we were doing and he refused to help).
My daughter has done various classes that C.P.S. has asked of her. But they are giving my grandchildren to these foster parents forever and we will not be allowed to see them again.
C.P.S. has covered up physical abuse and wants to let the people that are abusing my grandchildren adopt them. I cannot believe this case with C.P.S. two children, a mother, and a family has come to this.
We are asking if there is anyone that can please help us to please contact us as soon as possible.
Thank You,
Annette Traylor-Smart
Comment by summerborboa@msn.com — January 19, 2010 @ 10:47 am
Kim, Thanks for contributing your questions and issues to this thread… it gives us a lot to consider when writing to an attorney!
Comment by LindaJoMartin — January 19, 2010 @ 11:47 pm
Rosann: (1) Do you have a court appointed attorney? (2) What state are you in?
Comment by LindaJoMartin — January 19, 2010 @ 11:48 pm
I’m writing to you because I’m in search of as much help as I can get. MY four week old son was taken by Child Protective Services after I took him to the emergency room to be looked at due to spontaneous bruising. They have backed my husband and me into a corner and are trying to force us into admitting to hurting our baby. We know we did nothing wrong. I need help getting the word out that CPS is taking babies from innocent people. I know I am not the only person this has happened to. This is a form of human trafficking within our own country. I need help getting my baby back. He has been diagnosed with hypo ischemia encephalopathy, something I know am sure he was born with, but was never acknowledged by the hospital where I had him. My baby may have long term brain damage and my husband and I cannot be there to love and support him.
Comment by M.C. — January 20, 2010 @ 9:42 am
CPS is trying to take my son away based on accusations of child abuse. i need all the help i can get.
Comment by M.C. — January 20, 2010 @ 9:44 am
I need a attorney in North Dakota to go against CPS. I am in the air-force and they will not get involved.
Comment by Elizabeth — January 20, 2010 @ 4:30 pm
Mona, what state are you in? I can forward any messages to you (from attorneys, hopefully, who might want to talk to you.)
Comment by LindaJoMartin — January 20, 2010 @ 11:18 pm
Elizabeth – I rarely hear from anyone in North Dakota… I hope you can get a good attorney. You might want to check the courthouse case database to see if there are any attorneys suing social services, and contact them. Often if you get an attorney from outside your county it is better, since attorneys inside the county are probably going to be professional buddies with all other attorneys/judges/juvenile court referees, etc..
Comment by LindaJoMartin — January 20, 2010 @ 11:21 pm
Looking for a lawyer in Iowa to help me sue DHS because they violated my constitutional rights by entering my home after I asked them to schedule a better time. They are now threatening to take away my children because the dog had knocked over the trash.
Comment by Cherilyn — January 21, 2010 @ 5:31 pm
I NEED AN ATTORNEY.CPS HAS VIOLATED MY RIGHTS AND IS ABUSING THERE PRECEIVED POWER.PARENTS YOU DO HAVE RIGHTS.IF YOU DONT KNOW THEM THEY WILL DECEIVE YOU IN ORDER TO MAKE A CASE AGAINST YOU.
Comment by sandra — January 21, 2010 @ 10:28 pm
I LIVE IN OHIO.I NEED AN ATTORNEY OUTSIDE WARREN COUNTY.
Comment by sandra — January 21, 2010 @ 10:32 pm
Looking for a lawyer in Florida to help me with DCF. They are investigating us saying that our baby had head injury. never had bruise, bump, black and blue. Baby is LOVED. Bone scans, xrays, eye exams and my 4 month old is FINE. Now they are investigating us still coming to out house doing counseling sessions. please help me.
Comment by kristin — January 22, 2010 @ 8:36 am
I am still looking for a lawyer in either San Antonio or Austin. I want my children back as soon as possible and any legal remedies available to me. The DFPS made my family do a psych eval counseling. Most of the family is begging off because of work, school, etc. I was already in counselling, and they harrassed me to go to their counselor and didn’t get the necessary paperwork to her. This whole process has been unnecessary harrassment. ANd they find it inconvenient to let me have time with my children.
Comment by Valeri — January 22, 2010 @ 5:18 pm
Kristin – I’ve never heard of counseling sessions in the home! Is this with a therapist? …or just a caseworker?
Comment by LindaJoMartin — January 23, 2010 @ 3:06 am
Valeri, do you document your visitations? There’s a form in the FightCPS document library for recording information about visitations (whether you get them or not.)
Comment by LindaJoMartin — January 23, 2010 @ 3:07 am
Cps has forced my wife and kids into a shelter based on a psychological profile of me. For that reason and no other. Its horrible. Now my youngest is having severe behavior problems because of it. pls help someone!!!!
Comment by Ronald — January 23, 2010 @ 8:45 am
Ronald, that was what bothered me most about my own case (which was many years ago – in 1989)… that my daughter was taken not because of anything that happened, but because something MIGHT POSSIBLY happen. (!) That’s not how I ever expected CPS to work!
Please join us on the message board for more feedback on your case. Keep in mind that you can register with a fake name and keep your location secret…
Comment by LindaJoMartin — January 23, 2010 @ 4:11 pm
Hi! I am legally deaf. CYF refuses to make ANY reasonable accomodation for my disability. I have asked many, many times for an in person meetings. Requests ignored. Office refuses to provide me with a TTY number for them or other service providers we are working with. I am in Pittsburgh. Most of our issues are related to my disabilities with hearing and speech. Thanks, Joy
Comment by JoyDore — January 23, 2010 @ 5:30 pm
two years ago i went into cps looking for help because i was going to be homless and didnt want my 2 boys to be bounced around from place to place, unfortunatly my boyfriend was with me, he is on the 10 year registry for a sex offence, the women i talked to reconized him from the second we went in, she was on his case befor hand between him and the consentual girl he was convicted for. so they ended up taking my boys into custody and puting them into fostercare, ive had an open case for two years now we have a son togeather that they have opend a case with my third son. they took my other two boys away and are keeping me and my boyfriend under supervised contact with our son and he is not allowed to even see my other two boys unless he gets an evaluation. my boyfriend isnt even allowed to spend the night with his own son because he is on the registry, i feel like this case is open because the fact they want to make money off of us, hes not a threat to small childeren it was a girl that was 15 years old she knew what was right and what was wrong just like he knew what the consaquences were. im trying to get my case closed if anyone could help me find the laws about sex offenders, im really confused about everything
Comment by Terri — January 23, 2010 @ 7:20 pm
Terri, I’m sorry to say this but unless you leave your boyfriend it is unlikely you’ll ever get your children back. Hard decision to make, I know. In fact, since it has been two years, it might already be too late. In any case, take a look at this law site: http://www.accused.com – that’s a California site. They may know of an attorney in your state that can help you. They used to have a nationwide referral on their site; I’m not sure if they still do.
Comment by LindaJoMartin — January 24, 2010 @ 4:06 am
need an attorney to help us fight dhs, we are the grandparents.We live in texas and child is in oregon. They violated federal law by not contacting us among many other violations and conflicts of interest going on in very small town. Placed newborn in home with 4 other children, one is in jail for drugs at this time, and another one is on probation.I am afraid to post much about the case on here. caseworker has relative ties to law enforcement and more. Both parents have agreed they want us to be the ones to take the baby, but it has fallen on deaf ears.They was told they have no rights as to where the child is placed nor do we have any rights because we are out of state.Please someone help us!
Comment by Vickie — January 24, 2010 @ 8:44 pm
Vickie, try contacting the people at http://www.oregonfamilyrights.com …
Comment by LindaJoMartin — January 24, 2010 @ 10:34 pm
Need Attorney in HAWAII willing to help us fight CPS. Our 4 children were taken away from us for two weeks. The allegations were false and misunderstood. CPS worker put us off repeatedly and did not return phone calls. She had the nerve to rip our lives apart and take two 3-day weekends in a row. What ever happened to “innocent till proven guilty”? My husband was guilty until proven innocent. Who gave these people the right to take kids away from perfectly happy, loving homes? The damage is done, our family will never be the same.
Comment by Cathy — January 25, 2010 @ 1:47 pm
Cathy, I’ve heard of a case here in CA where the children were taken for only ONE NIGHT. They sued and got a settlement of about 70 thousand dollars. I hope you can get someone to take your case.
Lawyers – as always, if you want to contact someone here who didn’t leave contact information – just email me at webmaster at fightcps.com.
Comment by LindaJoMartin — January 26, 2010 @ 3:13 am
Hello – I am a 43-year-old Grandmother with custody of my 33-month old granddaughter. I have been raising her since she was born and was awarded custody of her when she was 10 months old. Because of behaviors she has at this age, which are not normal 2-year-old behaviors, a local psychiatrist placed her on antipsychotic medication – just to help her sleep. The medication doesn’t work GREAT, but enough that the two of us can get SOME sleep. I went through the exact same thing with her mother when she was this age, and only at age 2, I’m already exhausted. I get little to no help from friends or family, and I have contacted every agency in my area begging for help. I keep getting told “we can’t help you;she’s too young”. Services aren’t available for children until they reach about the age of 5. I was given the number to a local Crisis Nursery, where they agreed to keep her for at least a week, and then we would re-evaluate additional time needed to give me a much-needed mental and physical break. I called the nursery several times after this to speak with the social worker, but every time she was gone. I left messages, but calls were not returned. Then I called again last Friday and was told she was out of the office. Now I would have to wait until Monday. I called as soon as I had a break at work on Monday (yesterday) to a)give them my new cell phone number because I had to change it over the weekend and b) to make arrangements to pick my granddaughter up after work. That is when I was told that because they could not get in touch with me (what happened to the messages not returned LAST week?) they called CPS and that she was now in CPS custody. This whole thing has ballooned to unimagineable proportions in just one day, and they have set up a meeting for tomorrow morning where THEY will decide if I can take her home at that point. I need help….FAST! I need representation at this meeting, and I will pay! PLEASE someone contact me ASAP!
Kimberly 480.406.8112 (I don’t care that my number is on here)
Comment by Kimberly S. — January 26, 2010 @ 8:21 am
August 08 my husband abused me and my 3 children. I got a protection order against him. My son’s father went to court with my husband in Oklahoma and lied to the Judge to get emergency custody of my son sep 08. Since then I have been fighting in court to keep my 2 girls. I had CPS called on me several times in Minnesota. I moved to Iowa august 09 and the protection order ran up oct 09. In Nov a cps worker came to my home in Iowa and threatened to take my girls. I found out that my 15 year old had been talking to her step father who talked her into calling cps. She lied to them and said I was abusing the children and using drugs. I also had a court hearing in Minnesota during all of this for my divorce. My 15 year old ran away to my son’s house and showed up in court for the divorce and lied to the Judge. He gave my 6 year old to her abusive father because of what my 15 year old and cps in iowa were saying. The 15 year old ended up going to Oklahoma with her step father and he got guardianship of her. Cps in iowa found me guilty of neglect for failure to provide proper supervision of my children and I am in appeals with this. It is set for March 30th 2010. I need help bad. I have two court cases in Oklahoma, one in Minnesota, and the cps stuff in Iowa. I have never abused my children nor do I use drugs…There is a lot more to this story but it would take me two day’s to write it all. I have tons of paper work to disprove everything as well as all of my court papers…I have money for a retainer. m-j-b-b-p-i-n-k-3-3-at-y-a-h-o-o-d-o-t-c-o-m-
Comment by Millie — January 26, 2010 @ 12:39 pm
Kimberly, you might want to write a declaration stating that you made multiple calls and that the crisis nursery failed to respond to them!! There’s a sample declaration in our legal document library.
I don’t know any lawyers in AZ. I hope you find someone fast!! That’s the best way to discourage them from continuing a case.
Comment by LindaJoMartin — January 26, 2010 @ 10:15 pm
Millie, that sounds like a very complicated situation! Perhaps you could start by writing an affidavit explaining the facts from your point of view. You can find a sample affidavit in our legal document library. Remember, when you’re writing this legal document, keep it as short as possible so it is more likely to be read.
Comment by LindaJoMartin — January 26, 2010 @ 10:26 pm
My sister started dating a man a couple yrs ago and after one year they got married…She was unaware of his past with the CPS or his mental unstability…After a while she realized there was something not right about this man and wanted to leave..(by this point she found out she was pregnant with his child) …After we talked she decided to have him leave and she was going to move back up here so that i could help her with her 8yr old Kayla (from a prevous marriage) and the new baby that was on the way..After She told him to move out he went to the police station and made accusations against my niece..that she hung cats, drawned a dog…poked him with needles and hit him. CPS was notified and showed up at my sisters…she notified them that he was mentally unstable and she asked him to move out and that she was moving up north to be with her family. The caseworker said that was fine she could move up north just to let her know the address and phone number…I talked yo the case worker and gave her both my phone number and address and our dads…She was up her with me for 5mths and keep in contact with the new caseworker up here…the only thing he asked for was to have Kayla evaluated by a doctor..which my sister did right away…After 4 visits the doctor said that he didnt need to see her anymore…that was in september…At the end of December we had not heard from the CPS since septerber after doctor eval…my sister decided to return to Texas for the birth of her child so that the father could be present at the birth and then return to Indiana….Since my sister had a mth before baby was due when she returned to Texas and enrolled her 8yr old Kayla in school…On the first day of school CPS stole Kayla and is now trying to terminate my sisters rights on grounds that Kayla would be a danger to the baby. (the baby that is not even born yet!) I went down there and hired a lawyer for her and stayed for the first hearing…the judge did not want the eval from the Indiana doctor and ordered a new eval and my sister sister to have an eval also….After the first week in foster care my sister was able to talk to my niece on the phone…the foster care giver said she could talk to Kayla nightly…Kayla has not been eating, crys everyday for her mom and would not sleep…she is now starting to stutter when spoken to…The foster care giver got mad at my sister and said she could only talk to my niece twice a week because the foster care giver wanted Kayla to call her mom out of respect and Kayla didnt want to and found it confusing why she had to call this lady mom and not by her name and my sister tryed to speak to her about it. How could this be in the best interest of the child when it is causing her so much emotional damage? No one wants to go up against the CPS and even our lawyer just stood there and shoke, like a nervous wreck, and just keep repeating that she had the eval. done in Indiana….What can she do? Who can she contact? This is a loving child that was put in the system by lies and twisted truths…The caseworker even stated that she could take the unborn child when he was born if she wanted to…..How can they have so much power that they can destroy families and threaten people with the loss of there children?
Comment by safeKayla — January 27, 2010 @ 11:24 am
I am comorted to find that my suspicions about ocs are true. my daughter has been the system since summer 2008 because I self reported substance abuse. I participated in a theraputic court which was very stressful and I had a relapse after 11mos. I know of other moms who have relasped more than once and were given a second chance. There is a termination filed. Im coming close to 5mos sober. I put myself in treatment again. Here the deal though my mother has physicall custody and lives 45 miles away. I am very blessed i get to see my daughter and is with family and is willing to do legal guardianship yet cps worker says its too hard because shes so young it would require clearance from the capital. my atty from public advocacy doubts ill win, and say Im stuck between a rock & a hard place reliquish or fight. I also suspect racial discrimination and discrimination based on a mental health diagnosis. I’ve always been honest and cooperative. but if you mess up. they turned vicious. I understand the need to prove stability over time. but to pit the family my mother agaisht each other if we go to trail. and only consider adoption is distressing even though its my mother, it still hurts because its stil my parental rights.
Comment by yvonne — January 27, 2010 @ 7:18 pm
ps. I am in Alaska and appreciate any help finding an atty to fight cps
Comment by yvonne — January 27, 2010 @ 7:44 pm
people who need dependency lawyers or civil rights lawyers search for police misconduct or civil rights attorneys , wwwavvocom is the best resource try wwwavvodotcom
dot=. is not a w is 2 v v
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 8:23 pm
people in california who want to sue countys i am sure a few of this attorneys will help out good bless people we need to settle a meating everyone and start protesting infront of this agencys in each town your being harrased by it seems that this agencys if you dont agree to their accusations they try to push the cops for arrest against you and also try to push more allegations against your other children but stay strong and dont SIGN ANYTHING! OR GIVE STATEMENTS TO THEM! THEY DO this by duress! they call,call,call your house to get statements its all hearsay shesay evidence they get to win the case so tell them i am not going to give anystatement stop calling me, if its not about your visitations with your child dont chat with this people all they do is try to get you to say things so they can win in court the less you say the less ammunition they have against you,. they will try to push legal action with the cops against you usally they start by the end of the month on 22,all the way till the month ends they have till the first to file the reports with thecourts so they have to do whatever they can to get you to say things its called getting statements by duress what they do, do googlesearch attorneys put maybe DCFS orCPS Misconduct lawsuit against city! and you will see the cases and attorneys who already suing this goverment agencys as the new law csw have limited inmunity and you can sue them starting this year
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 8:29 pm
this attorneys are the angels against the demons of CPS and DCFS they might be able to help you or refer you to an attorney near your area this attorneys are what the country needs defending peoples rights against this agencys
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: http://www.mcmillan-law.com
Donnie R. Cox, Esq. and Dennis B. Atchley, Esq.
Law Office of Donnie R. Cox
402 North Nevada Street, Oceanside, CA 92054-2025
Ph: (760) 400-0263; Fax: (760) 400-0269
Paul W. Leehey, Esq.
Law Office of Paul W. Leehey
205 West Alvarado Street, Fallbrook, California 92028
Ph: (760) 723-0711; Fax: (760) 723-6533
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 9:24 pm
they specialized in civil rights 4th and 14 th and they have already sue the department of children and family services ! stay strong people this guys are angels sent from god to help you against CPS and DCFS lies and evil doing to destroying you and your family its time to fight and not give up!
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 9:26 pm
go see this website
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 9:36 pm
attorney for dependency in los angeles area
Comment by FIGHTCPSALLTHEWAY — January 27, 2010 @ 9:37 pm
safeKayla,
If your sister is in touch with the father who she already told CPS was mentally unstable they will try to take the kids because they don’t believe your sister is strong enough to keep the children away from him. If your sister wants her kids she’ll have to stay away from him.
Your sister can sign a guardianship agreement for you to get that infant . . . for you to get the child and keep it in your state, but she should probably not have the baby there where the social workers can walk into the hospital room and take it before you can take custody. Social workers often don’t honor kinship care rights for relatives.
There are guardianship papers in the message board… and this is possibly the only way to keep the baby out of a CPS worker’s hands. They take babies at birth from the hospitals all the time.
After the birth your sister should stay in the county where her daughter is (or nearby) and make sure NEVER to miss a visitation, and she must do EVERYTHING on the court ordered ’service plan’… and read this site and others like it to learn how to work on the case herself. She must be stronger than ever before… and learn the law and compile evidence in her favor.
I hope this helps!
Comment by LindaJoMartin — January 28, 2010 @ 3:11 am
FightCPS All the Way… do you mean this site? … http://www.avvo.com/
Comment by LindaJoMartin — January 28, 2010 @ 3:22 am
the court appointed attorneys in spokane washington have worked with cps against my daughter to place my grandaughter in foster care and now are recommending her to be put on drugs for anxiety and sucidal tendecies niether of which my daughters has. I am starting to fear for her life
Comment by lance baier — January 28, 2010 @ 9:01 am
any way to sue these people these attorneys that work with cps instead of defending their clients contact me at lance_baier[@]yahoo.com
Comment by lance baier — January 28, 2010 @ 9:08 am
Lance, if your daughter doesn’t need these drugs she could get a second opinion then request another court hearing to let a judge decide if she has to take the meds. I definitely would not want to take meds for these conditions!!! In my opinion most pharmaceutical medications are poison, especially if a person doesn’t really need them.
Comment by LindaJoMartin — January 29, 2010 @ 6:37 am
I need to find a lawyer as soon as I can. DHS took my children from me about 2 hours ago. I have no paperwork. They say we violated our safety plan because I allowed my husband to have visits with the children. This is not true! They said he could have visits, as long as he was not left alone with them. They then clarified that by saying that he could have visits as long as a representative of DHS was present. We signed a new safety plan agreeing to DHS supervised visits and an hour later my kids were gone. I went to the courthouse to see if I can get a court appointed lawyer since I cant afford one. They told me they couldn’t give me one because they had no CHINA paperwork against me. What can I do??? I am breastfeeding! This is an unfounded case against me! It is only founded against my husband! I did nothing wrong! I am in Eastern Iowa. Muscatine to be exact. Thank you!
Comment by Cherilyn — January 29, 2010 @ 12:10 pm
From: Michael Gallo (gallom99@yahoo.com)
PLEASE HELP ME EXPOSE THESE PEOPLE!!!
ANOTHER STATE STEALING BABIES!!!
I believe that if not stopped it has come to the fact that illegal government and judicial activities may mean that I will never see my babies again!!!
I am a US citizen and have been accused (by gov. agencies and court) of being a “constitutionalist”.
I have never had a criminal record other than traffic fines.
I have never had any record of drug use or abuse other than the one that was fabricated by the CPS agency.
I have the necessary documents to back up all I say.
I have served my Nation faithfully in the Navy, the last 2 years of service was working for the Navy Seals. I feel as if I have been raped, and have been warned by CPS that they intend to continue to ruin my life, the life of my sons and my sons’ mother.
Over a year ago Spokane County, Wa. State took custody of my baby utilizing altered medical records. Since then we have given birth to another son and Stevens County Wa. has taken him by using falsified lab reports and has a dirty judge, (who I believe is currently under investigation) to do their dirty illegal and immoral deeds.
My request of you is to have an investigative reporter contact me to expose this atrocity! My family is not the only one in Spo9kane and Stevens County suffering from the horror that has been imposed by government power trippers. Both Counties are under investigation for questionable activities.
I have been in complete compliance with everything the court has ordered me to do in order to have my sons returned. Stevens, and Spokane Counties have utilized false, and altered— (admitted to in court by the lab tech) lab results.
There is so much more behind baby stealing in this County, both CPS and CASA it is too much to enumerate here.
The Colville, Stevens County CPS case-worker informed me today Jan 29, 2010 that THEY INTEND TO SEND MY OLDEST SON TO TEXAS ON Feb 13, 2010. The only thing they have backing them is 2 false UA”S that the head lab tech admitted to altering with a letter (in court), and the judge stood on those false positives to keep my boys away from me.
ALL of the CPS employees who have been to my home and observed the home setting say that all is great and nothing is wrong,….but “we have 2 positive UA”S from the first part of Sept and the first part of Oct. They didn’t remove my babies until the end of Oct. AND I was not informed of those “positives” until the day before they took my babies. By law they were to give me 24 hour notice from the test date so I could have independent testing done to refute their findings.
My request of you is that you would have an investigative reporter to interview me and see first had through court documents and hosp. records that this is a baby stealing project that has been going on for quite some time.
I am un-employed because I couldn’t work my regular job and comply with their “services” at the same time. They have me at a dis-advantage because of the lack of funding for me to fight it properly. I have been appointed an attorney (court appointed and paid for by the dept.)who refuses to file for the necessary court proceedings to stop this.
Anxiously Awaiting Your Response
Michael Gallo
Comment by Michael Gallo — January 29, 2010 @ 9:22 pm
Hi, in 2006, my brother ceased living. During his life he had given my parents temporary custody during some of the times he was out of state on a job. The mother did not see the child or attempt any type of visitation for more than 12 years. After my brother passed away, I moved in with my parents to help them raise her. Both parents were elderly and were fighting bills to keep their home. 9/15/08 I lost my job, since then I’ve been helping around the house with other things while looking for another job. Around Thanksgiving, the foster parent of the child’s step-sister started coming around with the step-sister. Soon after, contact was made with the mother. We didn’t try to stop contact with the mother, in fact we encouraged because we understood that children need to know their mother. We were even in agreeance that the mother could come visit anytime she wanted, so long as it was supervised (the mother has a checkered past). A custody battle is now taking place due to this (they have a lawyer for the case). However, on Jan. 5, 201, an accusation of child molestation was made on me. I have no way of knowing who made the accusation, I have my suspicions though. Because of that, the child was taken out of the home until I can find another place to live. I have nowhere else to live. Everyone I know is having financial problems and can’t afford room and board for me, even with the things I can provide them with. Either that or they have children and because of this case, I can’t be around them unsupervised. It is now Jan. 30 and nothing has been stated about the case, but it’s still being held over my head, despite the fact that the victim has denied the claim and hundreds of other people would vouch for me. Some have already done so. In my opinion, this is cruel and unusual punishment (C&UP) for someone that has not been convicted of a crime, C&UP for the child and the same for the ones that have raised the child and should rightfully continue doing so. On Jan. 5 DFACS (CPS) took the child out of the home without a warrant and with the understanding that the grandparents could visit anytime the child was at the temporary home. Even the temporary care giver agreed. It was also known that the child had to take medication prescribed by a psychologist or psychiatrist and that her prescription was almost out. On one day the pharmacist had not spoken to the doc to refill the prescription and gave a small amount to tide over until the full thing could be filled. They took that to the home she was at and visited for a while. There were no problems at that time. On Friday there was no call from the child. This was unusual. Saturday every attempt to reach the child had came up null. Law enforcement were asked to check on the child and refused. DFACS were asked to check on the child and were too busy to do so. The case worker did say my parents could take the medication one hour before they left. When they arrived, we were all put in jail on grounds of criminal tresspassing. The care giver stated that DFACS had told her not to allow my parents to visit. To me, it seems as if the care giver is in league with DFACS and is attempting to get foster care rights to the child. I’m at wits end on this. I don’t know why the investigation on me is still going with almost a month into the investigation and the supposed victim has denied the claim without me prodding them to do so. I don’t understand why the child isn’t back in the home with the ones that really love her. Any advice or consultation would be greatly appreciated.
Comment by Steve — January 30, 2010 @ 6:19 pm
attorneys in texas that do family law
Thomas Albert Greenwald
6900 North Dallas Parkway
Suite 400
Plano, TX 75024
Office: 214-771-8958
Neal, Ashmore & Killebrew
401 E. Corporate Drive
Suite 200
Lewisville, TX 75057
Office: 972-436-8000
The Price Law Firm
307 West 7th Street, Suite 1905
Fort Worth, TX 76102
817-338-4633
in arizona attorneys
Judith Morse
7220 N 16th St Ste D
Phoenix, AZ 85020
Office: 602-277-6900
Peter G. Schmerl, P.C.
105 E Speedway Blvd
Tucson, AZ 85705
Office: 520-325-6450
in california
George I. Kita Attorney
18000 Studebaker Rd. Suite 700
Cerritos, CA 90703
Office: 562-453-3116
Office: 562-453-3116
Law Office of Alec Rose
1410 2nd Street
Suite 302
Santa Monica, CA 90401
310-877-5398
Comment by CpsCorruption — January 30, 2010 @ 6:58 pm
civil rights attorneys
Alison Holcomb
705 2nd Ave Ste 300
Seattle, WA 98104
Office: 206-624-2184
Giskan Solotaroff Anderson & Stewart LLP
11 Broadway
New York, NY 10004
Office: 646-708-9004
Howard Friedman, P.C.
90 Canal Street, 5th Floor
Boston, MA 02114
617-742-4100
Leonard
One Exeter Plaza
12th Floor
Boston, MA 02116
Office: 617-880-7100
Muslima Lewis
4500 Biscayne Blvd.
Suite 340
Miami, FL 33137
786-363-2700
Joun Law Office
420 Harvard Street
Brookline, MA 02446
617-304-6186
Kiesewetter Wise Kaplan Prather, PLC
3725 Champion Hills Dr #3000
Memphis, TN 38125
901-795-6695
IF THIS CPS AGENCYS ARE HARRASING YOU AND YOUR CIVIL RIGHTS ARE BEING VIOLATED DO SOMETHING ABOUT IT! YOU WANT CHANGE! THIS IS HOW TO GET CHANGE YOU NEED TO STAY STRONG AND WITH GOD ALWAYS.
Comment by CpsCorruption — January 30, 2010 @ 7:16 pm
NOW PEOPLE YOU WANT CHANGE GO TO YOUR STATE GOVERNOR WEBSITE AND WRITE HIM AN EMAIL YOU CAN DO THAT PEOPLE! STOP BEING SO DAMM IGNORANT! TELL THEM ABOUT CPS AND WHAT THEY ARE DOING TO YOU AND TRUST ME THIS YEAR OUR VOICES WILL BE HEARD AS I AM A LION AND I WILL PROTECT MY CUBS!
Comment by CpsCorruption — January 30, 2010 @ 7:19 pm
just google this information go to your main state website for example texas gov
or arizona gov
or new mexico gov
then find out who your governor is or you can call your city and request the website of your state governor office or website of your state and you can contact your governor usally they have it on their main website it says contact us and you can email them or call them people dont be scared or ignorant he is not going to read the email him self hes people will read it and tell him about it! trust me they do reply! bring this issue to all this states that we are in about CPS being corrupted and what they are doing to your familys and they will bring it to the federal court and senate thats how we gonna changed this system that is crazy stealing our children.
Comment by CpsCorruption — January 30, 2010 @ 7:23 pm
Cherilyn, when you go to court they will probably give you a court appointed attorney at that time. If you’re not guilty of anything then perhaps you will refuse to sign any guilty pleas, and ask for a full trial? Something you might want to discuss with the court appointed attorney, but s/he will probably try to coerce you into signing something instead of getting a trial.
Comment by LindaJoMartin — January 30, 2010 @ 8:54 pm
Michael, we don’t have any investigative reporters to send to you! Have you contacted all local news media? Did you contact Washington Senator Pam Roach who is sympathetic to child welfare injustices? Have you seen this group: Washington Families United?
Comment by LindaJoMartin — January 30, 2010 @ 9:01 pm
I agree with LindaJoMartin! Dont sign any case plan! figure this much ! if you sign anything it means your guilty and its a form of probation for them! of course its not the same probation that people in criminal court go trough but cps own probation ! so they can violate you when ever they want if you dont do what they want and steal your children for years! so run your chances tell the PUBLIC DEFENDERS! who just wanna finish the case that same day! NO and just go to trial perhaps you might want to set it for adjudatory hearing first then trial! by then you might want to hire a real attorney as the Public Defender would only do as much as he can the same day he sees you! best of wishes people and stay strong! your children will be returned to you as my lord says! THE CHILDREN OF THE LORD WILL RETURN TO THE CIRCLE OF GOD! HAVE FAITH IN HIM! AS HE PROMISES LIFE WITH OUT CHAOS AND WITH OUT PAIN!! HE IS MY STRENGHT HE IS MY LORD! I SHALL STAY STRONG AS EVERYONE HEARS MY ROAR!! YOUR A LION! OR LIONESS AND THOSE ARE YOUR CUBS! THEY WANT !! FIGHT FOR THEM AS IF IT WAS THE LAST TIME YOU WOULD SEE THEM AGAIN!! BECAUSE IF YOU DONT FIGHT IT MIGHT BE THE LAST TIME YOU SEE THEM AGAIN!YOU NEED GOD IN YOUR SIDE TO WIN!! YOU CANT DO IT BY YOUR SELF! CLOSE YOUR EYES RIGHT THIS MOMMENT! AND TELL HIM ! WHATS IN YOUR HEART ! BELIEVE IN HIM AS HE BELIVES IN YOU!! PROMISE HIM YOU AND YOUR CHILDREN AND HE WILL RETURN THEM TO YOU!!
IF YOUR NOT WITH HIM AND YOUR DOING THINGS THAT ARE WRONG THEN STOP DOING THEM BE STRONG AND TELL THE DEVIL TO LEAVE YOUR BODY <YOUR MIND< AND THAT YOU DO NOT FEAR HIM AS YOUR LORD JESUS CHRIST ! IS STRONGER AND THE ONLY GOD YOU BELIVE IN ! HE WILL LEAVE YOU AS DEMONS ARE NOT STRONGER THEN YOU AND ME! BECAUSE YOU AND I ! ARE CHILDREN OF GOD AND HE WILL PROTECT YOU AND ME!
Comment by CpsCorruption — January 31, 2010 @ 4:03 am
What is Constitutional Law?
Constitutional law encompasses any law or right that originates from the United States Constitution. Constitutional law is most often associated with fundamental rights like equal protection, the right to bear arms, freedom of religion, and the right to free speech. The U.S. Supreme Court is the absolute and final authority on all constitutional law issues.
Constitutional Rights
The following are important constitutional rights:
?Equal Protection – The 14th amendment to the Constitution provides that “no state shall deny to any person within its jurisdiction the equal protection of the laws.” Consequently, state governments and their agencies are prohibited from discriminating against any individual on the basis of classifications such as race, sex, or religion.
?Right To Bear Arms – The Second amendment grants the people “the right to keep and bear arms.” Probably no other constitutional right is more hotly debated. The Supreme Court has yet to clarify what the Second Amendment exactly means. At the moment, debates continue as to whether the government can implement gun control laws and whether ownership and possession of a firearm is a constitutionally guaranteed right.
?Freedom of Religion – The First Amendment provides some of the most basic and fundamental rights guaranteed to people in the United States. Of these fundamental rights, many consider the right to freedom of religious choice paramount. The First Amendment explicitly prohibits the intersection of church and state. Today, school sponsored prayer is one of the most controversial topics invoking the freedom of religion clause.
?Freedom of Speech – Another fundamental right guaranteed under the First Amendment is the right to freedom of speech and press. Both the federal and state governments are prohibited from limiting an individual’s rights to expression. Today, government sponsored censorship is a controversial topic in constitutional law.
Do I Need a Constitutional Law Attorney?
If you feel that your constitutionally guaranteed rights have been compromised, you should contact a constitutional law attorney. Speaking with the proper attorney experienced in constitutional law will inform you of your rights as well as preserve any possible legal remedies you may have.
Comment by CpsCorruption — January 31, 2010 @ 4:07 am
Probably no other public agency leaves victims and advocates more perplexed than Child Protective Services. On the one hand, people think of CPS with appreciation as they envision a selfless agency rescuing innocent children from horrific conditions. Indeed, CPS workers across the country do this routinely. The gratitude is deserved.
At the same time, the agency seems to be perpetually marred by a steady drumbeat of nightmare stories about CPS emanating from the very families CPS is supposed to serve. This text deals with just one of these problems; the CPS practice of removing or threatening to remove children from the nonviolent, non-offending parent in cases of family violence. This guide explains why this happens with such frequency, how to help prevent it from happening in your case, and what to do about it if you’re already caught in its grip. (Since the non-offending, nonviolent parent in these cases is usually the mother, we often refer to this parent as ‘the mother’, though there are certainly cases where the non-offending parent is the father.)
The Situation as it Usually Unfolds
In brief, the particular problem we cover usually unfolds like this. A mother herself seeks help from CPS or becomes involved with CPS through someone else’s report of suspected child abuse. Her child has been physically or sexually abused by a family member, usually by a male family member, or there are concerns the child is living in a home where there is domestic violence. At first, the mother naturally anticipates that CPS will try to help her and her child, and try to punish and stop the perpetrator. So these mothers are stunned when suddenly the CPS/juvenile court system turns its sights on her, even though everyone agrees she didn’t perpetrate the abuse or violence.
Suddenly she is the one under investigation, and the perpetrator is seeming to be all but ignored. And worse, CPS is threatening to take her child from her, or has already done so without warning or notice, and is threatening to keep the child, right at the time that mother and child need each other most. She feels the system turn hostile toward her. Did she, the non-offending parent, protect the child from the violent parent? Did she protect the child from molestation? Did she protect the child from being exposed to domestic violence in the home? Well, no, obviously she did not, or could not, or, in the case of molestation, often didn’t know about it.
Instead of being treated more as a co-victim of a violent perpetrator, with help and guidance provided according to the mother’s expressed needs, she is treated more as a co-perpetrator, with CPS establishing mandated controls over virtually any which aspect of her life CPS chooses, all under threat of losing her child. In addition to court dates at which it is her behavior that’s in question, CPS gives her a mandated, often overwhelming set of programs and goals she must comply with to the satisfaction of the CPS/juvenile court system, in order to – maybe – get the child back – and maybe not. She is also held accountable for maintaining a cooperative attitude throughout, even though she is, in fact, in a profoundly adversarial relationship with CPS (which is why she’s given an attorney at court time). At the same time, she begins to realize that the CPS/juvenile court system isn’t pushing to hold the perpetrator accountable for his violence, nor is CPS even invested with the power to do so.
Most mothers say they would rather be threatened with jail than to be threatened with the loss of her child. Yet as invasive, terrifying, and awesome as this governmental threat is, virtually all the decisions as to her fitness, compliance, and fate are being decided at the lowest judicial standard of evidence, 51% of the evidence, the ‘preponderance of the evidence’ standard. This is a far cry from the ‘beyond a reasonable doubt’ standard the government must reach before sentencing someone to jail for even the briefest time.
The level of proof against her that CPS is required to put forth is so minimal that it provides the mother little protection against any abusive, prejudiced, or discriminatory exercise of power by CPS. The low evidence burden on CPS also makes it nearly impossible for the mother to defend herself, especially against such vague accusations as ‘failure to protect’, or that ’she knew or should have known’, things which don’t even constitute a crime in the criminal system. And to top off the injustices, an all too common requirement on her must-do list is that she and/or the child must partake in family conferencing or a family reunification plan in which one or both must meet, mediate, or co-counsel with the perpetrator – the very same perpetrator from whom the mother has been accused of ‘failure to protect’ the child.
The Dawn of Recognition
Unfortunately, such stories are not the result of occasional human errors that are bound to occur in any public agency. They are, instead, inevitable and frequent outcomes stemming from the flawed founding premises and the weak legal underpinnings of the CPS/juvenile court system. The structure of the system drives toward these injustices no matter how well intentioned individual CPS workers may be. Nor is this to say that children should never be removed from the non-offending parent. There are circumstances in which they should. The problem is that the system is so arbitrary, sexist, secret, and outdated, that it tends toward abusive or mistaken results.
In the last decade, there has been growing recognition and discussion of the CPS problem as it pertains to the non-offending parent. In 1999, the National Council of Juvenile and Family Court Judges put together the Greenbook Initiative, a set of 67 recommendations aimed at remedying precisely this set of problems. But though the Greenbook gives long overdue recognition to the issue, the recommendations don’t call for installing any firm checks on the system, as will be discussed in more detail in a later section.
And in 2004, in New York state, there was a landmark settlement in a class action lawsuit against that state’s child welfare agencies. The lawsuit, Nicholson v. Scoppetta, had been brought by mothers who had their children removed for no other reason than that the mothers, victims of domestic violence, had failed to protect their children from ‘exposure’ to the domestic violence. The 2004 lawsuit agreement and an earlier injunction prohibited child welfare agencies from using this reason alone to remove children from non-offending parents.
Though the lawsuit put CPS agencies around the country on notice of their wrongdoing and harm done in these cases, to date it has brought only modest change in practice. The vague laws and weak evidence standards governing CPS means that CPS workers need only adjust the language used in their justification for removing a child, offer the usual scant proof, and many juvenile courts continue removing children in these situations as before.
Perhaps the brightest spot on the horizon is the year 2005 resolution passed by the National Council of Juvenile and Family Court Judges in support of presumptively open hearings with discretion of courts to close. Since their founding, most CPS/juvenile court proceedings have been operating in secret, completely off the public record. This secrecy has mushroomed the system’s tendency toward abuse. The judges’ 2005 resolution in support of open hearings is not yet law, but it’s a promising step. It’s highly unlikely any of the system’s abuses will be corrected until this essential public airing and public scrutiny of the system’s proceedings is firmly set into law and practice.
The Oppressive Swath of Danger and Damage
The harm of the widespread CPS practice of removing or threatening to remove children from non-offending parents extends far beyond the dangers and injustices to individual mothers and children. The harm extends to nearly every poor, immigrant, or minority race mother who is trying to deal with family violence. Most have heard first hand stories of CPS removing children from other mothers in their neighborhoods. As a result, they become reluctant to seek help for their own situations for fear that the same thing might happen to them.
Though we include a fair amount of information about the structure and history of CPS, the purpose of this guide isn’t to do policy analysis nor to make recommendations for change. The purpose of this guide is to give family violence victims, advocates, and mandated reporters information and tips that can help you, as best as possible, to understand and avoid the pitfalls and abuses of the CPS/Juvenile Court system as they pertain to the non-offending parent.
Comment by CpsCorruption — January 31, 2010 @ 4:17 am
We start here because so many counselors, teachers, doctors, and other mandated reporters, many of whom are already sympathetic to the problems mothers experience with CPS, say there’s nothing they can do about it. They believe their state laws require that whenever they suspect child abuse, they must make a report to CPS. But that’s not, in fact, what the law in California and many other states says at all.
As you can see clearly in the California law printed here, the law gives mandated reporters a choice of institutions to which they can report. You can make your report to police, sheriffs, probation departments, or child welfare agencies. In fact, in California and many other states we’re familiar with, the mandated reporting laws put child welfare agencies last on the list of options.
Here is the section of the California State Mandated Reporter Law that pertains to whom one should report.
California Penal Code Section 11165.9
11165.9. Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.
One obvious question after reading this law is why are so many mandated reporters taught incorrectly that they must report to CPS when the law in many states so clearly gives mandated reporters a choice. The reasons will become clearer in the section on the history of child protection. But in brief, CPS agencies were established back in the late 1960’s and 1970’s at a time when a strong national consensus had developed that children shouldn’t suffer abuse in the home. However, it was also a time when family violence was not yet viewed as criminal, and perpetrators were not held accountable. CPS powers and functions were shaped to reflect that ambivalent constellation of beliefs. And today, despite advances, there is still strong societal resistance to holding family violence perpetrators accountable. And there’s a corresponding tendency to channel intrafamilial child abuse cases into CPS where policies and powers are set to detain the child and not the perpetrator.
But the main point we want to underscore here is that mandated reporters in many states can choose not to report to CPS. You have other options, and often those other options will be much more beneficial for both the mother and the child.
NOTE 1: Finding the Text of Your State’s Mandated Reporting Law – Most states have their full legal codes on the Internet in searchable form. Go to your state’s legal codes page. In most states, the mandated reporting laws will be in your state’s Penal Code. Search ‘child abuse mandated reporter’ or similar term.
NOTE 2: Cross Reporting – In California and in many other states the child abuse mandated reporting laws require ‘cross-reporting’ between agencies. This means that the agency which receives the initial report must immediately send copies of the report to other designated agencies. So if CPS receives the initial report, CPS must immediately send a copy of the report to the relevant police agency and to the District Attorney’s office, and visa versa. This cross-reporting requirement has little effect on the problems we’re trying to outline here because in general practice the agency that first receives the report is the agency which takes primary responsibility for handling the case.
2. CPS Does Not Have the Power to Open a Criminal Case Against the Perpetrator, Nor Do They Have the Power of Arrest. CPS agencies are not law enforcement agencies. They are social service agencies. This explains why CPS does not take action against the perpetrators of the violence.
Child Protective Services do not have the power to open a criminal case against perpetrators of child abuse. They do not have the power to do criminal investigations of child abuse, nor the power of arrest. Nor does the juvenile court system that corresponds to CPS cases seek to prosecute the perpetrators, nor are these courts invested with the power to do so.
CPS workers are not law enforcement officers, they are social service workers. Child Protective Services are a branch of your state social services department. They are not part of your justice department nor of your local law enforcement agencies.
Understanding this is key to understanding why the CPS/juvenile court system does not hold perpetrators accountable for violent acts against a child, nor does it seek to gather evidence for prosecution, nor to punish the perpetrators for what they’ve done. The CPS/juvenile court system was never intended nor empowered to do so.
So, if your daughter was raped by her stepfather, for example, CPS will not investigate his crime, will not seek to punish him, nor in any way hold him accountable. Likewise, if your husband is violent with you and CPS is looking into the status of the children, CPS has no power to hold the perpetrator accountable for his violence.
NOTE 1: The CPS ‘Investigation’ – One of the things that creates confusion on this issue is that CPS and others use the word investigation to describe the CPS process of looking into the child abuse matter. But these are not criminal investigations where evidence is gathered to determine ‘beyond a reasonable doubt’ who committed a particular crime, and how, so that the perpetrator can be brought to justice.
A CPS ‘investigation’ can be better understood as a social narrative report on the status of a child and the child’s family. To be sure, the CPS report centers around the issue of the suspected abuse. But once CPS determines it’s ‘more likely than not’ that the abuse occurred, that satisfies CPS inquiry into the incidents themselves.
Different from a criminal investigation, the main purpose of the CPS report is to determine whether or not the child needs to be protected from future abuse, and if so, what needs to be done to protect the child from future abuse. As such, CPS reports focus in on detailing the family histories of the parents, the psychosocial and economic conditions of the home, the relationships between the family members, the school and educational status of family members, as well as covering the alleged abuse. All of these things, except for the abuse, would be completely irrelevant in a criminal investigation.
NOTE 2: Juvenile Court Powers in CPS cases – In many states, juvenile courts do now have the power to order perpetrators into counseling, and in some states have the power to order the abuser out of the home. These decisions, however, are rendered with the purpose of protecting a child from future abuse, and not with the purpose of holding the perpetrator accountable.
3. The CPS/juvenile court System Has Only One Significant Power, the Power to Remove Children from their Parents.
Although CPS does not have law enforcement powers, unlike most other social service agencies, CPS does have one awesome power, the power to take custody and remove children from the home. The stated purpose of this power is to protect the child from future abuse. The stated purpose is not to punish anyone, though obviously for parents and children who love each other this forced removal can be the worst punishment of all.
The lack of law enforcement powers explains why CPS does not take action against perpetrators. The power to remove children explains why CPS so quickly turns its sights on the non-offending parent.
Once CPS decides that abuse of a child or violence in the home has probably taken place, the CPS worker must then decide how best to protect the child from future abuse. Since it’s usually obvious that the child should not be immediately returned to the perpetrator of the violence, CPS quickly turns to the question of whether or not the child should stay with the non-offending parent. That’s how and why CPS becomes so fixated on ‘investigating’ the nonviolent parent. Did the mother protect the child from the abuse? Did she know, or should she have known, that the child was being molested? Did the mother protect the child from living in a home with domestic violence? Will she protect the child in the future?
No matter how you look at it, the circumstances of these situations can almost always be construed to indicate that the mother didn’t protect, and that she knew or should have known. After all, goes the thinking, she’s the mother and she’s living in the same home.
NOTE 1: CPS does have other options than to remove the child. In fact, federal and state law governing CPS requires that CPS pursue family preservation as well as child safety, and that CPS first make “reasonable efforts” to establish a service plan for the family to follow so the child can stay in the home, or return to the home.
But even if CPS is making a good faith effort to abide by these policies, it doesn’t alter the adversarial (oppositional) nature of the relationship with CPS in which the mother finds herself. Even if CPS has not taken the child and lays out a program for the mother to follow so the child can stay in the home, the mother knows full well what this means. ‘You do this program or we take your child’. The mother knows this doesn’t feel like help. It feels terrifying, hostile, and punitive. Especially so as her must-do-list is often hugely overwhelming since so many of the mothers are poor and acutely stressed. And even more hostile as the mother begins to see how prone the CPS exercise of power is to be arbitrary, prejudiced, and with shifting input and goals, the frequency of which is partly explained by the following.
4. At best, CPS/juvenile court Decisions are Made on the Lowest Judicial Standard of Evidence, the ‘Preponderance of the Evidence’ Standard, i.e. 51% of the Evidence. The void of evidence and rigor in the CPS/juvenile court system leaves the decision making process wide open to the virtually unchecked influence of mistakes, bias, discrimination, prejudice, vengeance, hearsay, junk science, nonsense, and arbitrariness of all kinds. (The one exception to this is that a final termination of parental rights usually requires a ‘clear and convincing’ standard of evidence, which is still a much lower standard than the ‘beyond a reasonable doubt’ standard of the criminal system.)
When CPS seeks to establish the abuse, remove a child for up to 18 months, establish mandated service plans, determine visitation, etc., CPS must go into juvenile court to get these decisions authorized by the court. At first this may seem to provide the kind of oversight on CPS decisions that would make the process just, equitable, and safe from abuses. But read on.
First, the body of law governing the CPS/juvenile court system is so vague and open ended that virtually any and all decisions made by these bodies falls within the scope of the laws.
Second, at best, CPS and juvenile courts makes these decisions based on the ‘preponderance of evidence’ standard. This is the lowest judicial standard of evidence. The preponderance of the evidence standard is 51% of the evidence. It’s sometimes called the ‘more likely than not’ standard. What this means is that all CPS needs to support a decision is evidence on their side, the CPS side, which is just a sliver more than the evidence on your side. This is a far cry from the ‘beyond a reasonable doubt’ standard criminal officials must establish before they can convict someone of a crime, even a misdemeanor.
Example of Preponderance of the Evidence: The mother tells CPS she didn’t know that the stepfather was sexually molesting the daughter because the stepfather always did it while she (the mother) was watching television in another room. The CPS worker tells the court that the fact the mother was in the same house watching television while the stepfather molested the child is a good indication that the mother should have known what the stepfather was doing. Given the sloppiness of the ‘preponderance of the evidence’ standard, all the judge has to do is lean ever so slightly to the social worker’s argument, and the judge can issue a finding that the mother ‘knew or should have known’, and then based on this finding grant the CPS petition to detain the child. Which is exactly what happened in this case.
Many lawyers themselves are so scornful of the flimsy evidence standard of the CPS system they call it “a crap shoot”, or the “anything goes” standard. The problem for the mother goes beyond the fact that CPS doesn’t need much evidence against her. It also means that whatever opinion a CPS worker may have of you, the worker can usually support that opinion in court simply by fishing through the extensive family details the worker has gathered and then selecting out the one or two tidbits that favor the opinion.
Add to this the huge initial mistake many women make of thinking of CPS as their advocate or friend or counselor. They pour their hearts out to the worker, giving the worker a whole ocean of intimate information in which to fish for evidence against them.
Yes, it’s true that with all this latitude, the CPS system can actually do things right and put its full resources into helping the mother and child to get safely on their feet together. And indeed, there are plenty of cases where this is exactly what happens. But there are a number of things that makes the system tend toward abusive responses. One of these is the cardinal truth of any power. Unchecked power always tends towards abuses of that power. And the power of CPS is hugely unchecked. And worse yet, as is discussed later, it is exercised in secret.
A second thing that tends the system toward abusive and prejudicial responses is the class of the mothers themselves, and the heaping social prejudices that already prevail against them. The mothers who come to the attention of CPS are most often poor, or immigrant, or minority race, and themselves are the direct or secondary victims of family violence. The harsh realities of their lives are chaotic, frantic, and generally incomprehensible to people who don’t live them. There is so much prejudice, stereotypes, ignorance, and blame against these women floating in society that the middle class social service system is primed from the start to blame these mothers, or at the very least, to believe it’s the mothers that need to be fixed.
NOTE 1: Lessons from the Native American Community. Prior to the passage of the federal Indian Child Welfare Act of 1978, child welfare/juvenile court systems were removing up to 25% of the children from many Indian tribes, then terminating Indian parental rights, and adopting the children out to non-Indian families. Non-Indian social workers and judges were using rampant prejudicial and racist notions to justify these removals. In particular, CPS/juvenile courts were judging many traditional Indian child rearing practices to be abusive, in and of themselves. Native American peoples’ were losing so many of their children to this process, many tribes labeled these child welfare policies as genocidal.
The Indian tribes crafted the Indian Child Welfare Act with the aim of stopping this systematic removal of their children. In so doing, the Indians keenly understood how the use of the ‘preponderance of evidence’ standard gave free reign to the prejudices, racism, and arbitrary factors that were being used to justify taking their children. They understood that the more oppressed a person is the more they need a high standard of evidence to protect them from governmental abuse. So, among other things, the Indian Child Welfare Act requires that CPS/juvenile courts must use the stricter ‘clear and convincing’ standard of evidence before the state can put an Indian child in temporary foster care, and must use the even stricter ‘beyond a reasonable doubt’ standard of evidence before the court can order termination of Indian parental rights. The act also requires that at any termination hearing, there must be expert witness testimony on Indian culture and child rearing.
We feel strongly that these same protections should be extended to all who come before CPS, since most all of these families are members of historically oppressed groups.
5. The Flimsy ‘Preponderance of the Evidence’ Standard is Bad Enough, But Things are Actually Much Worse. Increasingly, the CPS/juvenile court systems are handing off their fact finding and decision making responsibilities to mediators, evaluators, and even to CASA volunteers, all of whom operate on NO standard of evidence at all.
There’s no doubt that the juvenile courts have become increasingly stressed over the last few decades as victims of family violence have emerged to seek help for their plights. But instead of adding resources to properly meet the need, the CPS/juvenile court system, like the family court system, has handed off more and more of its fact finding and decision making responsibilities to a whole phalanx of psychologists, mediators, evaluators, and even to volunteers.
These are court janitors, really, brought aboard to mop up the judicial mess made by women and children who have found a way to make their needs and outrage heard. When a case becomes complicated or contentious, or is just more work than the judge wants to handle, the judge simply turns the case over to one of these evaluators to look into the case and come back to the judge with a set of recommendations. In nearly all cases, juvenile court judges blindly rubber stamp these recommendations with no further ado.
What is absolutely critical to understand is that once handed off to these evaluators, you have been ushered out the court’s back door, outside the rule of court law, and completely unprotected by rules of evidence. These evaluators operate under NO standard of evidence. NO rules of admissibility. NO legal protections at all. Hearsay, psychobabble, prejudice, lies, gossip, it all comes in. And it’s often all against you because the perpetrators are usually expert manipulators and liars, and, in addition, they have likely already poisoned the social relationships around you. This is why it’s the non-offending parent who most needs strict rules of evidence for protection, and is most hurt by their absence.
NOTE 1 – CASA Volunteers – But it gets even worse. Many juvenile courts across the country are now handing off official fact finding and decision making responsibilities in these cases to CASA volunteers, people who are only required to have 30 hours training. And the juvenile courts are usually assigning these volunteers to the most egregious and complex cases of child abuse.
The public has been thoroughly wooed to the feel good idea of having CASA volunteers to ‘protect the interests of the child’ in these cases. Indeed, there is great benefit for the child to be assigned a special person to talk to and even to advocate for the child through this process.
The whole CASA program would be just fine if it ended there. But juvenile courts routinely swear these volunteers in as official court fact finders (investigators), as representatives of the child’s stated interests, as representatives of the child’s best interests, and, as formulators of recommendations to the court as to the best disposition of the child. A recent national study, the Packard Foundation funded Caliber Study, finds that juvenile court judges adopt ALL the recommendations of the CASA volunteers in over 60% of cases.
This is a complete mockery and travesty of any and all notions of justice, and is particularly contemptful of mother’s and children’s rights. For so many reasons. But just for one, imagine if your surgeon sought out and took the recommendation of whether to amputate your leg from a volunteer with 30 hours training. You would be outraged! And you would never deal with this surgeon again. Yet this is exactly what juvenile court judges across the country are doing on the question of whether or not to remove the child from the mother, in the most complex and egregious of cases. They are turning over their fact finding, evaluation, and decision making responsibilities by swearing in persons with 30 hours training to act in any or all these official capacities.
The courts say they are doing this because they want to be sure to hear the children’s voices. But you only have to think for a moment to realize what the courts are really doing is avoiding the costs of a professional investigator, expert, or professional representation that is minimally needed to guarantee even minimal judicial standards for children.
And these courts have the nerve to accuse the mothers of failure to protect!
6. Both the Federal and State Welfare Law Governing the CPS/Juvenile court System are Full of Vague, Non-mandatory Language, a Fact Which Further Promotes the ‘Anything Goes’ Atmosphere of CPS Proceedings. In addition, these laws almost always refer to the parents as an undifferentiated single unit, “the parents’, a fact which puts a legal lock on viewing the non-offending parent with as much culpability as the abusive parent. Only recently has the legal language begun to recognize the existence of the ‘non-offending parent’ as separate or unique from the offending parent.
As you read through the federal and state law governing child protective services you can see features of the law that further help explain the frequent arbitrary and biased actions of these agencies. Here are just two.
Federal and state welfare law governing child protective services are vague, nonspecific, and use mostly non-mandatory language. For example, federal law ‘encourages’ child welfare agencies to provide their materials in languages other than English. It does not mandate that they do so. As such, many, if not most, non-English speaking mothers receive their CPS reports, their service plans, and notices in English only. Another example is that welfare law states a ‘preference’ for family reunification, and says social workers shall make ‘reasonable efforts’ to provide services that allow the family to stay together.
This kind of language in the law leaves so much wiggle room that virtually anything the system decides will fall within the law, a fact which further magnifies the difficulties for a non-offending parent trying to defend herself or appeal these decisions.
A second feature that runs throughout child welfare law is that it constantly refers to ‘the parents’ as an undifferentiated entity. There’s very infrequent distinction in child welfare law between the offending and non-offending parent. In fact, if you were an alien from outer space reading this law, it would be a while before it even dawned on you that “the parents” are two separate human beings. This dubious framework stems from the archaic patriarchal view of marriage of not very long ago that the two become one and the one is the man.
Naturally, this constant reference to “the parents” helps cement the system’s huge blind spot to a woman’s predicament when her partner is abusive. Clearly, the law can’t see her more as a victim of the abuser, if the legal language lumps her in with the abuser. If the father is a domestic violence perpetrator, the mother, too, is automatically “engaging in domestic violence”, which is precisely the language the system has used to justify taking the children from mothers who are victims of domestic violence. Legal recognition and distinctions between the offending and non-offending parent are coming at a snail’s pace.
7. The CPS/Juvenile Court System Operates in Secrecy Off the Public Record. This secrecy fans the flames of the system’s other tendencies to abuse.
The reason that CPS/Juvenile Court findings, proceedings, mandates, and actions take place off the public record is ostensibly to protect the privacy of the child and family in what is viewed as a private family matter. But one certainly must ask, who really has been more protected by this secrecy, the CPS system or the families it serves?
Nothing fans the flames of governmental abuse like governmental secrecy. Secret files, secret evidence, secret accusations, secret proceedings are a sure fire formula for allowing abuses to thrive and expand throughout the system. Since its inception, CPS/juvenile court activities have been off the public record with the exception of only a few states. The involved parents are informed. But, to date, neither the public nor any public watchdog has been allowed scrutiny or oversight of the handling of these cases.
Fortunately, it looks like there is the possibility this may change. In 2005, The National Council of Juvenile and Family Court Judges voted approval of presumptively open hearings with discretion of courts to close. This isn’t yet law, but it’s a big step in that direction. As part of the resolution the judges wrote the following,
“Open court proceedings will increase public awareness of the critical problems faced by juvenile and family courts and by child welfare agencies in matters involving child protection, may enhance accountability in the conduct of these proceedings by lifting the veil of secrecy which surrounds them, and may ultimately increase public confidence in the work of the judges of the nation’s juvenile and family courts.”
We would probably word this a little differently, ‘Open court proceedings will increase public awareness of the critical problems faced by children and non-offending parents in matters involving child protection,…..’
8. Most all CPS/juvenile court Systems deal ONLY with Intra familial Child Abuse. This schism between the way society deals with child abuse perpetrated by a family member versus child abuse perpetrated by an ‘outsider’ points out a staggering hypocrisy in the rhetoric about treating child abuse seriously. Behind the rhetoric is a child welfare and police system that in reality works hand in hand to let most child abusers walk free.
Many people are very surprised when they call CPS to report a child abuse case perpetrated by a neighbor, a priest, a stranger, or by any one outside the family. CPS tells the caller they don’t handle these cases. They only respond to cases in which the perpetrator is a family member. So in most cases in which the perpetrator is not a family member, CPS tells the caller they’ll need to report to police.
Another thing that may surprise you is that if you call police to report a case of child abuse perpetrated by a family member, police will often tell you should report the case to CPS. Granted police could take the report if they wanted to, and they should take the report. But police themselves are all too often on the same philosophical page as CPS. They too often believe that when fathers ‘grow their own victim’, the fathers shouldn’t be held accountable like other offenders.
And another thing. Even if police do take a report of sexual abuse perpetrated by a family member, chances are very good that the perpetrator, even if convicted, will get off lightly compared to an outside-the-family perpetrator. California law, like the law in many states, maintains gaping legal loopholes where, prosecutors can, and frequently do, charge intra familial child sex abuse under different codes which allow the family offenders much lighter sentences. In addition, the law allows convicted intra familial child sex offenders to be given probation, different from outsider child sex offenders who must go to prison. And the law allows convicted intra familial child sex offenders to stay off the state’s public registered sex offenders lists, also unlike ‘outside’. (For a good discussion of the legal loopholes for fathers and other family members who sexually molest their children see Child Sexual Abuse and the State by Ruby Andrew at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=904100)
There isn’t a civic leader out there that doesn’t publicly rage to the heavens about what monsters child molesters are, and how these ‘animals’ should be strung up at the crack of dawn. But, remember, the overwhelming majority of all child sex abuse is perpetrated by family members. What this means is that, in reality, we have a system that publicly beats its chest over the small percentage of child molesters who attack someone else’s child, while by legal slight of hand that same system lets the vast majority of child molesters go free. Not by accident, but by legal and institutional design. What’s perhaps most telling is that, at least in California, these legal loopholes for intra familial perpetrators have been widened over recent years, rather than tightened.
Or to put it another way, the more women and children have made demands on the system to stop family violence, the more the system has created ways to look good while paving the perpetrator’s escape. The patriarchy with all its bluff and bluster to the contrary, still supports the notion that a man’s home is his castle, and that his children are his to do with as he pleases. Unfortunately, CPS, with its hold-no-perpetrators-accountable system, is a vital part of the machinery for perpetuating these archaic and oppressive beliefs.
Comment by CpsCorruption — January 31, 2010 @ 4:20 am
Remember, the CPS/juvenile court system operates on the ‘preponderance of the evidence’ standard, 51% of the evidence, the lowest judicial standard of evidence. This means that all CPS has to do is present to the court 1% more evidence on their side than you present on your side, and CPS wins. So once CPS makes an accusation against you, it is extremely difficult for you to defend yourself, and very easy for CPS to railroad the case against you.)
THIS MEAN SHUT UP AND STOP GIVING STATEMENTS TO THIS DEMONS CPS AGENCYS
Comment by CpsCorruption — January 31, 2010 @ 4:47 am
I need a defense attorney against cps
Comment by Alice — January 31, 2010 @ 9:48 pm
I am a Grandpa calling for HELP !
My daughter is married to a great man.Loving,caregiver,great father,great husband,Christian man, all that a father asked for his daughter to have.They have three children, 3yr old and,3 month old twins (boy & girl). We all have juggled our schedules to help take care of the kids, they are a hand full. Anybody who has any knowlege of taking care of newborns,and a 3 yr old all at the same time can understand the stress. Just recently it was my son-in laws turn to watch the twins for alittle while. The 3-yr old was with me & Grandma,My daughter was at work.Well, the twins were having a melt down , There is no sub for mothers milk.( breast fed babies)
There isn’t much you can do but rock-em,talk-em,walk-em,pacifier no-good.
But sometimes they settle down with a ride in the car, but what a hassle with two babies,cring they’re sweet heads off,and 15 degrees outside. So my Son-law decided to leave them in their car seats and rock them on the floor.”no-good”,Then here comes a migrane head-ace.Feeling pretty stressed he called my daughter asking her to come home now,or call my wife to come asap. Knowing what is happening we all started heading for the house.While waiting for help to arrive,he decided pick-up the car seats and sway them gently back and forth. Works great. the boy settles down he takes the pacifier and goes to sleep.The girl “no luck”,Still crying
and screaming. My Son-law continued to rock and sway,,,,, lost a grip on the handle of the car seat and dropped her still strapped inside, right side up from about 24 inches off the floor. still crying. My daughter gets home and checks the babies, then checks on my son-in law who is now almost incapable of standing up.
Dizzey with migrane,High blood pressure,and concern for the baby. My wife and I arrived with the 3 yr old just about when my daughter arrived. She asked us to check out the babies whiie she attended to her husband. The babies were fine, but my son-in law needed to go to the med center to get something to help with his Migrane/Hypertension.We were with the kids while they were gone.When they came home all three kids were asleep. They asked “how is
the baby?” I was the one rocking her and i said,” just fine”. My daughter said that the babies where scheduled to see the doctor the next day anyway,because the they have been snotty nosed and cranky.Asked me if i could go along and help since everybody else has to work. NO problem.Doctor looked at all three kids and said they are good and since they were here she decided to give them their shots. Then went home.During the night the baby girl gets really cranky and wasn’t holding anything down. so my daughter & son-in law decided to take her to the
Hospital to get checked out, leaving the boy & 3 yr old with Grandma & Grandpa. During the process at the Hospital of checking in and dicussing
symptoms with the doctors the incedent of the dropping came up. Since that moment on everything in our lives has been pure HELL.
CPS got envolved.They even called the police. A Detective came into the room were we were all gathered around the bed with my 3-month old grand daughter and started to intimadate my daughter & son-in law
with all kinds of threats, and saying that they need to start talking.Later a CPS agent wanted to look at the 3-yr old. Asked him alot of questions like….” What happens to you when you are bad?” My GranDson say’s ” I go to time-out, but .. when I’m really bad sometimes my Mommy & Daddy paddles my bottom”. The next day they asked to bring in the other twin
to the Hospital because they wanted to give the baby a full physical. Both the baby & the 3-yr old are in perfect health. Later that day CPS sent a social worker with papers for my Daughter & son-in law to sign. Saying that something is suspcious and recommend that the husband is not allowed to be alone with kids with out any supervision, and if they did not sign and agree with this that they were at risk of having the kids removed into foster care!. We were all shocked,floored,scared,confussed,
and asking what the hell is going on here.My Daughter & Son-inlaw crying and holding each other asked what to do? We all talked and decided to comply and not to make them unhappy and to coroporate. We do not want to lose our babies. Later that evening the CPS agent called and said” After thinking about it. They do not want the husband to sleep at the house. He could still see the kids but, only with supervision”.
That just melted our souls.
My daughter and my Son-inlaw both work,They’r employer’s have worked out schedules with them so that they could care for their kids. Me and my wife have worked out a schedule so that we could help. They said that they will be notified of court date that they would have to attend. Meanwhile
my Daughter might have to quit her job so that she can stay home to take care of the kids.My Son-inlaw can’t be alone with them, My wife a I can only take off now & then to help.They are a young couple with alot of debt.
living from pay check to check like everybody else. They stand a good chance of losing everthing. But they will still have they’re babies, might have to move in with us, but we do what we have to do. WHAT A NIGHTMARE, PLEASE WAKE US UP!
WE need an Attorney that knows CPS. in Indiana.
Family in need !
Grandpa T
Comment by Bill Thetford — January 31, 2010 @ 10:50 pm