Arizona: CPS Social Workers, Attorney, and Law Enforcement Agents Must Face a Jury Over Coerced Forced Entry
Two child protective services social workers, an attorney, and five law enforcement officers were sued in 2006 for coercing an Arizona homeschool family to allow unlawful entry into their home, in violation of the Fourth Amendment of the US Constitution. The lawsuit is ongoing; this week a judge denied the state’s motion for summary judgment, so now it will be up to a jury to decide whether entry into the Loudermilk home was coerced and unconstitutional.
It started when someone phoned an anonymous tip to a child protective services hotline stating that the new home wasn’t fit for children to live in. Six weeks later two CPS social workers showed up at the door to investigate with two sheriff’s deputies. Entry was denied, and more law enforcement officers arrived on the scene. The family was told their children would be removed if they didn’t allow entry.
They were on the phone with Home School Legal Defense Association (HSLDA) attorney Thomas Schmidt, who advised them to refuse entry. HSLDA wrote, “After an escalating confrontation at the front door that lasted 40 minutes, the social workers, backed by no fewer than four deputies, threatened to take the Loudermilks’ children into custody and place them in foster care if the Loudermilks continued to deny them entry into their home.” (Source)
Assistant Attorney General Julie Rhodes was also on the phone, and she repeated the threat to the HSLDA attorney. Big Mistake, Julie!!!
Under duress, the illegal, unconstitutional entry was allowed. Within five minutes the CPS social workers realized they’d received a false tip, and left. They were probably unwilling to continue with the case because they didn’t want to bother with victimizing parents who had an attorney on the phone! Too much work!
The Loudermilk family consented to the lawsuit filed on their behalf by HSLDA attorneys.
HSLDA has a track record of helping homeschooling families (who have purchased memberships) with CPS related legal problems. In 1995 a similar case was heard in the Federal Court of Appeals, Calabretta v. Floyd. This landmark case ruled that in the 9th Circuit (US Western states) social workers cannot violate the Fourth Amendment. This was already binding case law in Arizona and other Western states when the Arizona caseworkers coerced their way into the Loudermilk home on March 9, 2005.
How many other people does this still happen to? Probably thousands – who are unaware of the laws, and who don’t have a homeschooling attorney to call on the phone. This practice of coercion is totally illegal, immoral, and a violation of a standing court order in Arizona, California, and other Western states.
Here are the rulings from Calabretta v. Floyd as found on the HSLDA website: (1) “…unless there is evidence of an emergency, a social worker and police officer investigating a report of child abuse must have a warrant…” and (2) “…reasonable expectation of privacy of individuals in their homes includes the interests of both parents and children in not having government officials coerce entry in violation of the Fourth Amendment and humiliate parents in front of the children.”
Apparently child protective services social workers in Arizona forgot Calabretta v. Floyd, or perhaps this constitutional violation and coercion technique is still standard operating procedure in many of our counties. Perhaps it is time for these lawless, immoral and/or forgetful government agents to get their hands slapped again.
Source: Judge says threats to confiscate children may be coercion; Homeschool family’s case against sheriff’s office, social services advanced by Bob Unruh, published April 4, 2010 at the World Net Daily website.
Similar Posts:
- Arizona: CPS Social Workers, Attorney, and Law Enforcement Agents Must Face a Jury Over Coerced Forced Entry
- Parents: Do You Remember The Fourth Amendment?
- Arizona: “New” CPS Risk Assessment Tool Called “Antiquated”
- UN Convention on the Rights of the Child – A Threat to Parental Rights
- CPS Social Workers Should Have Psychological Evaluations
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Comments (82)
I hope the state gets slapped with hefty punative damages for the blatant disregard of the US Constitution. I also hope each person that was involved in this mess that conspired to deprive this family of their rights will also be found PERSONALLY liable and be made to pay mucho restitution. The only way these lawless gov’t employees of ours will learn is when it hurts the most for them – and that means hitting them in their pocketbook.
I think that each person involved also should be demoted down to burger flippers at the local greasy spoon. When you have people that display this much disregard to the rights of the individual and use the position of their office (whether elected or not) to wield abusive power, it’s time they found other employment and never in a position of authority like this again.
Comment by Panda — April 5, 2010 @ 7:21 am
Bless HSLDA. They do indeed provide confidence and legal protection for their members to stand up to the unjust tactics of CPS and other law enforcement officials. What is especially tragic is how often OTHER innocent families are targeted unfairly and suffer because they are unaware that they do have defensible rights under the law. Once a child has been sucked into “the system”, upholding those rights for both the parent and the child becomes incredibly difficult.
How desperately we need strong voices to remind those in positions of power that they, too, must ultimately answer to the law. We need attorneys and judges who refuse to bend to perverting the law. We need to see a return to righteous and god-fearing judgment. My prayers go out for this homeschool family as they stand up to have their constitutional rights upheld.
Comment by Linda — April 5, 2010 @ 7:49 am
I agree that social worker and guardians at litum should be held liable on wrongdoing in spliting up a family or even to go it into a home without complete truth to pull a child from the parents. This is in Minnesota, in Anoka County. Has anyone in this area gone through this?
Comment by Holly — April 5, 2010 @ 9:24 pm
This family wanted my daughter and they called and accused me of way worst than this family was accused of, Thank heavens CPS got to the bottom of this. I could have lost her and hate to think of what might of happened to her. its not a big deal to open the door knowing the diffrence of right and wrong. Children need to be protected and there is not enough protection.
Comment by D. A. — April 6, 2010 @ 3:00 pm
cps came to my door with four cops and when i wouldnt open my door they said that they were going to kick it dow n and then charge me with child endangerment this all happend because they had asked me to do a ua but never gave me a time that i had to do it by I had just gotten my baby back on tues and fri they came and took her again
Comment by summer — April 6, 2010 @ 6:58 pm
I agree that all children should be pertected but sometimes the ones who should be pertecting them are the ones who are hurting them wether its a social worker or a parent ect.abuse comes i many ways . And being taken away from loving parents is one of them Dont you agree?
Comment by summer — April 6, 2010 @ 7:07 pm
Summer, yes, absolutely… CPS is the worst child abuser there is because they traumatize so many children for life by taking them from loving and innocent parents.
Comment by Linda Martin — April 7, 2010 @ 12:38 am
CPS is a demonic plague that needs to be stopped in there tracks. They do not deserve to take kids from good parents. Nobody is perfect but taking kids illegally & fraudulent isn’t the way to go in a civil society. CPS acts like the Nazis taking away Jews!
Comment by Ralph — April 7, 2010 @ 6:57 pm
Ralph, Anne Frank’s family went into hiding because government agents were looking for her teenage sister, to kidnap and imprison her.
Comment by Linda Martin — April 7, 2010 @ 9:10 pm
Follow up on Colleen Piccone and her successful lawsuit v ACS (NY)
Read this story. Note that Ms Piccone’s parents were awarded 38K in the illegal search of the home.
This would also be an atty to consult in NYC.
http://www.nydailynews.com/ny_local/2010/02/09/20…
Fact pattern similar. ACS and Law Enforcement must abide by the Constitution.
KEYWORDS; CHILD PROTECTIVE, FOURTH AMENDMENT, POLICE POWER, NEW YORK, ARIZONA, DHS, CPS, COERCION, WARRANTS
Comment by Fern — April 8, 2010 @ 7:51 am
This is exactly what happened to us 4 years ago! Right here in AZ! They used 4 cops, without a warrant, and 2 social workers. We refused entry repeatedly!!!! They threatened everything possible, but in the end, we stood our ground.
They went to the 3 different schools a few days later, and took every one of them and hid them out refusing to tell us where they were, or even if they were safe. That is, they would tell us where they were IF we would sign an agreement of neglect.
NOT!!!!!!!!!!
Needless to say, we have a lawsuit still in progress and we are using that old case file as a precident finding. IT IS WORKING GREAT!!!
Comment by Cheryl — April 8, 2010 @ 9:42 am
Glad to hear it Cheryl!! Hearing about lawsuits against abusive CPS workers makes my day.
Comment by Linda Martin — April 8, 2010 @ 10:12 am
I would like to talk about this my name is Doris , I myself has been cps custody when I was 13 years old, some my family members lost their children like me and my children has been removed for me more than once I need help .
I would like to have another federal investigation done in this state,I’m tired to having my family targeted ,It’s not just me my other family as well. Tucson ,az
Comment by Doris — April 8, 2010 @ 12:19 pm
Doris,
I hate to be the bearer of bad news, but the social worker mentality of AZ is: If you yourself were abused, you will become the abuser as an adult.
Even if your were not abused, if they thought so then, you will always be their adult target, along with family members.
One SW said it best on a vist with 2 of the kids. I was present, too. He said, we have spent 4 years trying to find a reason to take the kids, and have had nothing until now. Though it was also bogus (the reason they used), it shows that they do “target” certain families for destruction. If not true, then WHY would they spend 4 years watching them without interaction of any kind? Because therre was no abuse or neglect, that’s why. Nothing they could support in court, anyhow. And they couldn’t support the last reason either! It was determined 1 1/2 yrs later, that the cause was “unfounded”, and case closed.
But during that time, 1 child, 14 yrs old, became pregnant at the hands of foster dad, and we fought to terminate as she was in poor health to carry a baby among other things. That foster dad was never charged either! They took his foster license and promised he would never be eligible for care again. BIG DEAL!!!
If that had been a real parent, it would have been rape, molesting a child or something to take the child away and terminate parental rights.
Back on track, the social worker wanted her to have the baby, and then TAKE THE BABY AS SOON AS BIRTH OCCURED!!!! Then adopt it out and terminate rights. WHY? Because IF she was forced to have it, they would get money for it.
Now this really prooves what we are saying here. It is not about family…never was….it is strictly about MONEY!!!!!!!!
Comment by Cheryl — April 9, 2010 @ 7:12 am
I should also say, I DO NOT support any parent who would sexually assult thier daughter. They deserve to lose their rights and go to prison.
My point above was, how amazing it is that a foster dad can get away with limited slaps on the hand, but a parent is treated as the criminal they are. Both are criminals and should be treated as such…equally!
Also, if the child was in emotional pain from the rape, pregnancy and possible termination of a fetus now… how would she handle going thru the entire pregnancy KNOWING they intend on ripping that baby right from her hands upon birth?
Oh, but THAT was okay in thier book.
Evil!!!!!!!!!!!!
Comment by Cheryl — April 9, 2010 @ 7:18 am
Cheryl, did you talk to the DA about pressing charges against that fosterer? Seems like a case that would be easy enough to prove!
Comment by Linda Martin — April 9, 2010 @ 12:29 pm
Linda Martin-
Yes, we spoke to the DA, the police in that county…you name it. They all had an “arrangement” that loss of future child care priveleges was more than enough, since the fosters’ would be losing all future income and would have to get typical jobs like the rest of us in the working world.
Honestly, this is NOT the first time of heard of such a thing with state-paid rapists! I just never thought it would happen to us.
I never thought ANY of this would happen to us.
Famous last words, huh?
Comment by Cheryl — April 12, 2010 @ 7:14 am
Linda-
At the very least, this whole rape issue just added more fuel to our fire in court. Needless to say, that charge stood up sucessfully on it’s own merit immediately and by itself.
The other 5 charges of CPS neglect and incompetance took another year to make it thru the Federal courts. In the end, we merely had to change the “language” of 4 paragraphs and those were accepted as written.
I just rec’d word Friday that all 6 counts are ordered to mediation for a possible settlement. They want to get this thing done with ASAP, to save trial fees, juror fees, court fees, appeals after appeals fees etc. The judge does not feel this case should drag on and on for years to come at the taxpayers expense.
Gee, ya think?
Comment by Cheryl — April 12, 2010 @ 7:20 am
I had the same thing happen to me here in GA, and I can’t find an attorney that is not affraid to take on CPS. My case was a little different, CPS came after 45 days of the call and came with the police to remove my husband or tehy would take the children, They never once told us why or what, I appealed, cried out for help, demand they stopp, sent letters to region, the State and now last week, almost 4 months later, the State calls and tell me SORRY you can not appeal, wrong person, there is no file against you. They violated every right, cursed me in front of my kids, went to tje kids schools doing interviews, involved my whole (very small)community. Told me I was an unfit mom and they were watching me. Only to say sorry our error???? SOmeone please help
Comment by Laura — April 14, 2010 @ 3:15 pm
Cheryl
Can I ask who your lawyer is?
Comment by Nancy — April 21, 2010 @ 12:33 pm
Nancy,
In looking thru this months blog, I do not see that your name exsists.
Please, give me a brief synopsis of who you are and why you are here.
Plz understand, I do not give out any traceable info thru this blog, and then again ONLY to people I can be sure of.
Thanks
Comment by Cheryl — April 22, 2010 @ 7:07 am
Nancy,
I have finishsed reviewing the April Guest Book and the April Attorney Needed blogs. I dod not see you listed at all in either.
Plz annouce your intentions on this site.
Comment by Cheryl — April 22, 2010 @ 7:13 am
I am a custodial parent of my 10 year old ” gift from God.” 16 days ago CPS and two officers appeared at my door, demanding entrance on accusations of pot use. I denied entrance until threatened with removal of my son. After hours of searching and a call for a canine unit they discovered .87 of a gram of pot on my floor and took my son. Two days later I consented to a hair, urine, and saliva drug tests. All tests came back negative but still no return of my son! I have been ordered to substance abuse classes and further investigation. I live in MI please someone point me to some help. I have an attorney but seems to be powerless against the CPS machine. Not a bad dad that wants his son home. Thanks in advance.
Comment by Patrick — April 23, 2010 @ 4:08 pm
Patrick, there are several good MI attorneys. See the lawyers page for listings…
Comment by Linda Martin — April 23, 2010 @ 4:21 pm
Texas Family Code 264.404 mandates certain persons to serve on the board of directors of the local CAC, including the District Attorney. It just doesn’t pass the “sniff test” for ethical behavior and gives the appearance of a conflict of interest.
Anne
here is texas they have it all sewed up even their laws are unethical and unconstitutional
Comment by anne — May 2, 2010 @ 9:16 pm
The Abuse Freedom Live Show is
HOSTED BY JANE OF ABUSE FREEDOM UNITED AND JOSIE, CO-HOST of
http:www.abusefreedom.com http://www.modelfamily.org and http://nfps.us
OPEN LINES LATER IN THE SHOW FOR COMMENTS AND QUESTIONS
· CALL IN NUMBER(646) 595-2134 begin_of_the_skype_highlighting (646) 595-2134 end_of_the_skype_highlighting
You can subscribe to this show on ipod touch or your iphone
Go to http://blogtalkradio.com/abusefreedomlive
If you are an advocate, group or organization advocating on behalf of family preservation and would like to be on our show contactJane at
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786-288-7034 begin_of_the_skype_highlighting 786-288-7034 end_of_the_skype_highlighting and leave a message!
Also josie is in FLA and can help the Lady with the local CPS !
Comment by anne — May 2, 2010 @ 9:21 pm
I thought we had the right to refuse entry, but the agent told my wife they would come back and take the kids so she let them in. We’ve had to ender 6+ months of CPS. I just refused entery to an agent on Monday and yesterday(Tuesday) they came back with police. They are now trying to take our kids.
Comment by Rob — May 12, 2010 @ 6:54 pm
I feel bad for all the parents out there. Please keep your head held high and don’t let them push you down like I let them. God bless you all
Comment by nicole — May 13, 2010 @ 1:05 am
After 2 yrs of reporting child acting out, obviously sexually abused by Dad (child visits) or caretakers Dad hires,and DCF/CPI did nothing, Grandma threatened to file complaint against them for neglect of case (since child made to visit Dad). Hour after complaint they picked child up from mom and claimed child was coached(mental anguish) as if taken from loving safe home is not “anguish”. It is a cover up for their neglect and we think child will now, for sure, not talk so he can get home(5 yrs old) It is a nightmare. No investigation, no concern for child or family and so far will not place w/relative–further indication of cover up. Have expensive atty but haven’t much faith in attys. This is KIDNAPPING. worry cycle will start again after we get him home!! Why isn’t gov’t doing something about legal kidnapping? HELP! Sen. and congressman don’t care. No one seems to care! They play ugly games w/mom. No one seems to care about the sexual abuse and it is OBVIOUS! No coaching was done–only told him not to keep secrets Dad tells him to keep and difference between good and bad touching–and Mom is the criminal for that?!
Comment by margaret — May 17, 2010 @ 9:19 pm
I had an annonymus call (because I owed someone money) on me and CPS came over immediately and had my apartment manager open the door while I wasn’t home. CPS started calling family and friends from my phone book in my apartment. 5 hours later they were making threats that if I don’t stop avoiding them they will remove my kids on that alone. Is not contacting CPS within 5 hours considered “avoiding them” when I wasn’t home when they illegally raided my apartment? That was the first encounter with CPS. The first step was them poppin in and taking it upon themselves to just walk in and search. No cops, just them. I’m furious even still after this bogus claim has been closed. I was violated and burglarised.
Comment by Rick — May 27, 2010 @ 7:43 am
In Tucson, CPS workers pick a parent for returning their children by pulling a decision from a hat (most likely the mad hatter’s.) They are giving a man of violence (33 verifiable cases of assault with bodily harm) a five year old and possibly an eight yr old.
Comment by Pat — May 30, 2010 @ 5:48 pm
i am faceing a false sexual abuse case from a divorce and custody battle the acusser is my now 17 yr old daughter ( 13 yrs old when it allegidally happened ) and it came into play when my ex was faceing 180 days for contempt ( ex not following visitation orders for 6 months)another false alligation that stems from the first one on my present girl friend,she knows this is not true she started going to court with me for support in june of 2008 and has not missed a court date since.we have lived together since may 2008
Comment by buddy — June 8, 2010 @ 12:21 pm
My daughter (18) just had a baby boy April 30 2010 and the hospital found pot in the baby’s stool. CPS came in and took the baby I the grandfather was taking care of her 2yr old son . I”ve had johnny (her son) from day one I brought him home from the hospital. My wife and I have taken care of him ever since. Monday May 1 2010 CPS came and said our house was unfit and gave us till Thursday to get it clean or they would take johnny. Tuesday they came back and walk in never knock and took johnny and said we was unfit. My house was dirty and dishes wasn’t washed for a couple of days but wasn’t unfit they lied and I can’t get any help from anybody to tell me what to do Jan 2009 I had a ulcer burst on my liver and I died luckily they brought me back and in may of 2009 I had a third of my liver removed and in Dec. my wife had constructive surgery done on her foot had to stay in bed for 8 weeks so the house was in a mess now it’s clean and they still want talk to us about my grandson and it is killing me I can’t sleep cause I know they are messing up his life and they are giving him med’s to come him down and it’s not write.
I’ve had been arrested two times for meth. they knew about that and I told them I was clean and agreed to take a piss test but when it came time I couldn’t and neither could my wife. My wife has never taken any kind of drug but we was dirty in there book. We agreed to do the hair trick but result are not back yet. I told them that it would not be a problem I would move out of the house just get my grandsons back to family where they are loved and well cared for. I’m 64 and disable but I have no problem taking care of them.
Comment by john — June 13, 2010 @ 2:24 am
me an my wife had are kids taking because the 2 yr old got out of the house for 2 min.the neabor called the police.me an my wife had to get 2 separet lawyers because they said it was a conflict of interest ,after paying over 10,000 of lawyer fees we finally got our kids back after a year.i had to borrow money cus im on disability.to add insult to injury the state of mi.says i owe 38,000 for one kid an 17,000 for the other,an they put it under child suport law. the there so crooked it aint funny they belong in prison in my book.the cps agent who took my kids crystel maggon is about 21 years old.god will get them back im sure.lol
Comment by joe — June 30, 2010 @ 4:26 pm
after losing my kids for no good reason,the state says i owe them over 50.000 for child suport.i got my kids back an im on disabilty.how do they exspect me to pay?
Comment by joe — June 30, 2010 @ 4:30 pm
How can I find an attorney that will sue the state for forcing there way in. They took my 5 kids and then they keep on changing the “rules” for getting they back.
Comment by Rob — July 27, 2010 @ 11:27 pm
I am a grandmother who has never violated the law, middle-class, MIS degree, professional, employed. CPS has constantly promoted for child isolation from family, separation from mother when there was NO abuse or neglect by the mother, I’ve witnessed CPS violate rights of the child, my daughter’s rights, and my own grandparents’ rights. Lawyers out there, you need to wake up and take these cases. We need to lobby WA. CPS definitely needs reform. The most unjust and frightful court system imaginable. Child’s attorney, court appointed, does not represent child; does not meet ethics standards. I am reporting her to the AZ Bar. Caseworkers make assessments, fabrications, not qualified to make. The well-researched psycho-social needs of the pre-school child, such as those in Attachment Theory, are totally ignored in this system. Separation of family does HARM to the children, these are the innocent victims of CPS.
Comment by D in SV — August 6, 2010 @ 9:50 am
D in SV – there’s a grandparents message board area in our forum: http://forum.fightcps.com … hope to see you there!
Comment by Linda Martin — August 6, 2010 @ 12:49 pm
I have a granddughter that I held De Facto Parent Status through the court in CA, that was adopted out by a social worker by taking the case to a judge/court that was unfamliar with the case. I now have another grandchild from the same set of parents that I am raising and am in the process of adopting. After speaking to the department (CPS) supervisor about the previous case, which has been reopened due to the new child I now have, in the system, the supervisor of the present social worker is telling me that what was done to my granddaughter was illegal.
He suggested I get an attorney because CPS cannot undo an illegal adoption that they processed.
I have not been able to find and attorney who will take the case. The one I did find wanted too much money. So I guess there is justice for children of grandparents with money and no justice for those who cannot afford an attorney. I can’t believe this happens in he U.S.A.
I ache for my granddaughter every day and hope that maybe with the new law: HB2419 I will be able to see her again. New law is to ensure sibling connections of children who have been adopted out separately.
Hope springs eternal. I cannot even begin to imagine the emotional damage that my child has endured. I would not be surprised if she ended up worse than if she had been left with the parents. I hold a Master’s in Education and am presently retired.
Comment by Maria in AZ — August 18, 2010 @ 8:10 am
Arizonan, first you need to know that if your parental rights were terminated before, they can take your new child for no reason at all whatsoever, and not provide reunification services. So, I’m not posting your message and concealing your name or the circumstances of your case. Please forgive me, but I need to try to protect your family from another intrusion.
CPS workers are corrupt and manipulating in most states; Arizona is one of the worst, judging from the number of times I’ve heard complaints about it. It is the federal laws that have encouraged states to destroy families.
If your child is with a family member, you can take comfort in knowing that it wasn’t adoption to a stranger. Many parents never see their children again and don’t know what has become of them.
Best ideas for avoiding CPS in the future: stay off government programs, move out of state if possible, and have an attorney on call in case you are ever approached by CPS agents again. The #1 best way to keep a CPS case from starting is to have an attorney involved from the beginning of the investigation.
Comment by Linda Martin — August 24, 2010 @ 1:57 pm
So here’s my question: Why is it that people can get away with filing a faulse report to CPS, but not to any other government agency??
I have personally had CPS called on my FAULSELY twice in 3 years by people who were trying to “get back at me” or “get rid of me”.
The first time I was threatened by the CPS agent and her “shadow” that if I didn’t keep my house 100% clean all the time that they would take my son away and that they were going to “watch” me. (this just so happened to be in Arizona)
And then when we moved to Colorado, I had CPS faulsly called on my again, only this time it wasn’t just a CPS agent. It was an agent and 2 sherriffs deputies. At the time we were in a hotel room while waiting for our apartment to be ready. We were TOLD to wait outside while one sherriff deputy stayed inside with the CPS agent while she “talked” to our then 3 year old son.
After she “talked” with him she told us that my husband was not allowed to have his medication out in the hotel room and that she would “keep in touch”. She called me 3 times after that within a month. After that I heard nothing from her about the case being closed or anything.
So, my question is this: WHY are these people allowed to get away with embarrassing me infront of my own family, my son and complete strangers by calling in a faulse claim to CPS, but they get arrested and jail time if they call in a faulse claim to other government agencies?? I really want an answer.
Comment by Tanya — August 25, 2010 @ 9:22 pm
Tanya, the penalties for false reports are different in every state.
Here’s where you can find information on this: State Statutes
Choose your state, then find “Penalties for Failure to Report and False Reporting of Child Abuse and Neglect” in the first section of the list.
As to why most people get away with false reporting – it is probably because the government set it up that way so that more people would make reports, more people would be traumatized, and more families could be destroyed. There has been a secret agenda for many years to destroy families in America. See 1963 Communist Goals. Check #40 and #41 on the list.
Strong families are the foundation for a strong nation. They didn’t want our nation strong. They have accomplished nearly everything on the list. The country has been taken over by foreign interests.
Comment by Linda Martin — August 26, 2010 @ 9:57 am
Linda- Thank you so very much for the info!
Comment by Tanya — August 26, 2010 @ 10:40 am
Well, not that I know that in both Colorado and Arizona it is agenst the law to knowingly call CPS or any goverment agency, is there anything that can be done, or is it to late?
I didn’t see anything on the site that stated what to do if this should happen to you. Also, why wouldn’t we be told this by at least the sherriff’s deputies?
Just so many questions.
Comment by Tanya — August 26, 2010 @ 10:54 am
Tanya, it is only against the law if there’s a knowingly false allegation. In both states you mention, false reports are a misdemeanor and should be reported to law enforcement and the district attorney’s office. In CO apparently you’re also entitled to sue. Bear in mind that you need to be able to prove your information.
Comment by Linda Martin — August 28, 2010 @ 10:13 am
Do any of you lovely people know where I can go about obtaining a FEDERAL Lawyer In Denver, CO? This is for my case…Any help would be appreciated!! Thank you so much!!
Comment by Misty — August 29, 2010 @ 4:38 pm
Misty, you can go to the federal court house and look through their online database for cases filed against the department of social services. Find out what lawyers filed them and contact them. If they can’t help you, ask them for referrals to another attorney who might be willing to.
Comment by Linda Martin — August 30, 2010 @ 7:24 am
I am currently involved in a dependancy case with Child Protective Services. In the beginning, they requested I have a hair follicle test done. I did and the results came back negative, as I knew they would. That was on April 27, 2010. I also submitted to a urinalysis on May 11, 2010, which was also negative. I was sent to SEABHS to do a drug screening which shows that I don’t have a substance abuse issue. Our case was transferred from the CPS investigator to the CPS case manager. The court orders and case plan do not request that I continue to be tested or that I enroll in Arizona Families First, the substance abuse program through SEABHS. The case manager has referred me twice now to do another hair follicle test. I called the Governor’s office and spoke with Ezra, the Governor’s liason to CPS. He informed me that the case manager cannot ask me to do something the court has not ordered. Therefore, I have not had another hair follicle test done yet. My refusal to participate in further testing led to the case manager sending a referral to SEABHS enrolling me into the substance abuse program. I have met with Teresa who runs the program at SEABHS and she doesn’t feel I need to be in the program. She is trying to contact the CPS case manager to find out why she referred me to the program. I am insulted that I am being treated like a drug addict when there are zero indications that I am using any substances, legal or not. The case manager does not have any probable cause nor reasonable suspicions to continue to treat me like I am on drugs.
I am looking for an attorney that would like to file a civil suit against the case manager and CPS on the grounds that they are violating my Civil/Constitutional Rights.
Comment by ~M~ — September 21, 2010 @ 12:36 pm
CPS IS A RING OF LEGALIZED KIDNAPPERS EVERY PARENT NEEDS TO TALK TO ANYONE WHO WILL LISTEN. Write letters, talk to the media, do whatever it takes…start a petition online!!!! I live in Morris County Texas and am fighting for my children as we speak
Comment by tara — September 27, 2010 @ 11:40 am
I have a hearing for Dependancy comming up, I will fight DCF! I did nothing wrong, my husband brought this down on our family involving my 12 year old in an alleged DUI here in FL. I still have my kids ( all 3). DCF has tried to get me to set up a case plan but I told them no and that is why I am being dragged to court. For alleged failure to protect my kids from their father. All I know is I am a fighter and I will not give up, I am innocent and will never give in!
Comment by Heidi — September 28, 2010 @ 6:58 am
Heidi, I’d do the same thing (say no to caseplans) but of course that does often make the caseworker want to take it to court. I hope you have a good lawyer at your side. Remember, if you sign paperwork at court it means you’re giving up your right to a TRIAL – which would be your only opportunity to present your evidence and force the caseworker to present hers.
Comment by Linda Martin — September 28, 2010 @ 8:42 am
My daughter was falsely accused of child abuse; My daughter and her boyfriend did all that was asked of them from the case worker to prove thier innocence…The case is now closed, because they were innocence. Now how can we press charges against the person who made the false accusations call? Because we know who made call; this person knew there was no abuse going on whatsoever..would appreciate some adivce.
Comment by Angry Grandma — November 2, 2010 @ 10:06 pm
Angry Grandma, start by looking up your state law on abuse of the mandatory reporter law. Here’s the link: Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws.
Comment by Linda Martin — November 3, 2010 @ 10:51 pm
the same thing for me need information can you contact me? thank you!
Comment by misty — November 4, 2010 @ 1:36 pm
We are foster parents in Arizona and having problems with CPS. We filed a complaint against our foster child’s CPS caseworker for not attending to the child’s needs during a crisis situation and for refusing treatment and now the caseworker is retaliating against us. She is trying to remove the child from us stating safety concerns, but CPS wont tell us what those concerns are. It doesn’t even matter to CPS that 2 days ago we had a foster care review board meeting and the commended us on the great job we are doing with our foster child. They did say however they where disappointed in how the CPS caseworker is not following through on any care that is needed. We are at a loss right now as what to do. We are trying to fight a system that is completely messed up. We don’t know what to do or who to turn to to help us out of this situation.
Comment by Fred — November 5, 2010 @ 6:15 pm
Misty, who do you need to contact you? If you need feedback on a CPS case you can register at our forum: http://forum.fightcps.com
Comment by Linda Martin — November 6, 2010 @ 9:28 am
Fred, here’s a good site for falsely accused foster parents: http://nfpcar.org/
Comment by Linda Martin — November 6, 2010 @ 9:36 am
hi my name is april harrison im from salt lake city utah and i have 2 young kids that were taken from me 2 years ago because someone that i barely even knew called cps on me and said i was neglecting my kids and they were removed from my home and the cps worker i had at first was working for me but he was taken off my case and they gave me another worker and she did not help me at all she was against me from day one its like nothin i did was good enough i feel i was treated unfairly because i was a single mom and i did everything the court told me and still i lost my kids the cps worker coerced me into signing my rights over and they were adopted under the assumption it would be an open adoption and it has not been that way at all i would like and advice i can get right now this situation has tore my life apart for the last 2 years if you have any advice please let me know thank you
Comment by april harrison — November 6, 2010 @ 5:53 pm
April, please register at our message board. http://forum.fightcps.com — someone on the board brought forth some information recently about reversing terminations of parental rights. I don’t know if it can be fixed but perhaps this is something you should know about.
Comment by Linda Martin — November 7, 2010 @ 4:05 pm
CPS hates me :) The cops here are terrified of my HUGE 110-lb German Shepherd guard dog. He was body slamming into our door so hard while barking & snarling furiously that the police officers ran away to the street. The door looked like it was gonna break.
We have refused entry and threatened to sue.
Cops occupied our property all day for two days, detectives shadowed us for a while, CPS lied repeatedly to my family, they threatened me at work, and tried to trick me into signing away HIPPAA rights.
I have been through several malicious investigations in three years, and still have the babies in custody. They apologized to my family, but not to me. I will forever hate them for terrorizing my family and I.
I still feel like I have a target on my back, even though the investigations have “ended.”
Peace out.
Comment by monster — November 23, 2010 @ 10:46 pm
OH MY GOD I cant read anymore. who do these .. think they are? YOU all are forgeting about the main law of the land, that judges are just holding back hoping we all figure it out,because the judges are kind of over powered too by this satanic force that is your right its money….. Theye took my kids too and my little boy was only 8 . and he was finally back home with me at 17 yrs old and he is now 22 and still lives with me and i will tell you all what IF I n
knew then what i know now from all those years , GO GET YOUR KIDS if you did nothing wrong and GOD knows it then you take back your kids THE judges then have to make the warrent because you are making noice.the liers dont like that THE FEDERAL LAW IS THAT NOTHING BUT A JUDGES WARRENT CAN PENETRATE THE FAMILY BOND. NOTHING Thats whats wrong is they just overpowered people. if you dont feel safe going back home then you take them and go to a church. if they dont help you call me. 402-601-3486 I know you all think this is the weirdest comment but these stories are breaking my heart, and making me cry, and making me mad. So its on,like donkykong. What do we do #1 Take back our kids… THE WHOLE WORLD NEEDS TO TAKE BACK THE KIDS. #2 We take the system to federal court and make a Family Care Review Bourd and we get people like Steve Wilkos to help us . take your kids to him he will make everyone do a lie detector test. He wont let nobody abuse a kid and that means the fools with power.
and lies the only reason it is so out of control like this is because weve let them win for too long now they are cocky. And they dont have the power to keep your kids I promise you. if you dont stand firm with GOD and take back your kidsthat he gave you then they will ruine your life. ands GOD hates injustice and so do i because i know , that they faulse report and have faulse hearings i know the fed gov pays the agency responsible for placement $4500 per kid and the state workers then pay $600- or so per kid to foster people alittle more if the foster people are willing to faulse report and lie on the family and even worst yet lie about the kids. AND FOR THAT ALONE THEY WILL ALWAYS BE DEVIL PEOPLE IN DARKNESS AND WILL FACE GOD FOR EACH AND EVERY SOUL THEY DAMAGE. THATS A FACT … so they pay out 600 to fost. people and maybe 300 voucher to the kid for clothes and probably thats it because they use medicare or ruine our credid with overdue medical bills then they open a child support case on us because they call the 600 a loss. What a joke….. thhey are. They dont have the power to keep your kids and if you did take them back and go somewhere safe untill the court hearing then i promise you the judges will start getting stronger too and start going off on the fools who want to wast money and his time youll see . I hope this hasnt hurt anybody but this is what i see . and i know its time to change the system and all i need is a lawyer to advise me and i can do this. i will take the social workers power away forever if i have a little help. these are terible stories and nowonder GOD wants to use my mouth to do somthing about it. we can all try together. UNITED WE STAND DEVIDED WE FALL yhey know that and they use it. Please make a plan to take back your kidsGOD bless you all
Comment by carolyn — December 16, 2010 @ 4:00 am
Linda Jo-
It just occured to me…..with all the hoopla going on about “arnassge” Wikileaks…..I wonder if that could be an “in” for this type of Govn’t interferance???? He has used wikileaks to put USA in harms way of foreign countries using the Freedom of Speech… but that same freedom could be applied here.
They may go for it if enough people come to them. They are out to get the Federal Govn’t after all.
What better way to make some serious noise AND bring the subject to the attention of absolutley every citizen in America?
Comment by Cheryl — December 17, 2010 @ 12:24 pm
Cheryl, I think a lot of people believe that the Wikileaks situation is a setup for more government restrictions on our lives. We’ll just have to wait and see what happens. If they plan to restrict us I don’t suppose there’s anything I could do about it. Honestly, I try not to read the news these days except to keep an eye on CPS stories. If anything really important happens, someone will tell me.
Comment by Linda Martin — December 19, 2010 @ 12:17 am
ive been fighten cps 4 3 years now n 2 month they r take n me to court to terminate my rites i ve heard that the case worker get 4 000 dollers 4 each child they termenate is this true and how can i stop them dont want another court appt attor all he did was agree with the state need help now times running out kids r gett n older and want cps out of ther life to help me please
Comment by michelle — December 19, 2010 @ 12:49 pm
Michelle, the caseworkers don’t get bonus money for terminating parental rights but the state might… they get money if they increase adoptions out of foster care each year, meaning they need more kids all the time to get the bonus money – which is about 4000 per child, or more for special needs children. It is a scam, and of course the caseworkers are pressured to get more kids and make them free for adoption because that’s what the states want.
You’re welcome to join us on the FightCPS forum for feedback on your case: http://forum.fightcps.com … You will have to prepare for court, request a trial, and don’t back down and get coerced into signing papers.
Comment by Linda Martin — December 19, 2010 @ 1:05 pm
Linda, could you clarify your last comment please? Are you saying that the social worker personally receives $4000 per adoption? Or does the local CPS agency get the money? And if so, what do they do with it? I’m sure there must be a financial incentive behind all this, but I’m still new to the system so I haven’t connected all the dots yet.
Comment by A Mother's Heart — December 26, 2010 @ 3:57 pm
A Mother’s Heart: The law (ASFA- the Adoptions and Safe Families Act of 1997) gives a per-child adoption bonus to the states when they exceed the number of adoptions they had in a prior year, thus, they need more adoptions out of foster care every year in order to keep getting these bonuses. Definitely a child-mill money machine for the states.
Comment by Linda Martin — December 26, 2010 @ 6:12 pm
I have seen many cases of CPS unlawfully removing children from homes. Two major cases involved illegal entry, bogus threats, changing caseplans, lying to the court, fabricated “evidence,” and extreme bias by judges.
One case involved a useless, but not abusive, father and an uneducated mother, who together agreed to accept help from CPS is learning “how to better parent their children.” The parents did all that was required, requirements changed daily, lies were reported, and this matter ended with terminated parental rights and 7 children adopted out.
The other ended with triplets returned to their mother, because she learned how to work the system, had at least minimal attorney involvement, and a small amount of money. Her son was born w/ mental development issues, which his mother dealt with appropriately, and she had succeeded in raising his abilities to close to those of his own age. Now, due to the medications CPS utilized to “control” the boy for a year, he has regressed and is a complete mess. All 3 children wake with nightmares from the abuse they endured from foster care. Thankfully, their mother has the ability to care for them and patiently work through their pain and suffering.
In 40 years of legal work, I have yet to see CPS remove children from bad homes, though I have witnessed CPS removing children often from good homes. There is nothing wrong w/ the intent to remove abused children from bad parents. The problem is that social workers at CPS have taken on the persona of judge and jury, and often God, as have many police officers and judges, so that the truth is no longer presented to the court.
Family court time in the state of CO was at one time reduced to 4 hours per week, and backed up more than a year. CPS judges believe they have heared every story in the book, every lie to be told, and that every parent is a liar. They believe only the CPS representatives, even after these same people have been proven in law suits to have lied and fabricated evidence in case after case in the past.
Comment by B. MacD — February 13, 2011 @ 3:57 pm
CAN A CPS WORKER TELL A FAMILY MEMBER THEY HAVE TO LEAVE THEIR HOME, IF THEY RECEIVED A REPORTE THE PERSON SMOKES DRUGS?
Comment by BARBARA — April 5, 2011 @ 5:06 pm
This is ridiculous. Its always better to be safe than sorry when it comes to children. If the parents had nothing to hide why not just allow the walkthrough then go about their day. I understand their rights were violated but seriously people, if calls had been made, no one investigated and the kids were harmed then everyone would be screaming cps didnt do its job. Cut them some slack. I wonder what the parents were busy hiding while denying entry. As a child abuse survivor and a mother, I think it’s negligent and irresponsible for a worker to walk away from a home without doing everything in their power, and then some to check on those kids. I cant tell you how many times my parent got away with severe abuses to my siblings and I in the exact same way. Think about the kids and not the parents’ indignation, I wish someone would have done the same for us.
Comment by Kristy jacobs — April 8, 2011 @ 5:53 am
Barbara, they can and do tell people to leave the home. If you don’t do what they say, they usually take you to court to get a court order and then they may take the kids.
Comment by Linda Martin — April 9, 2011 @ 11:40 am
Kristy, when it happens to you, if you want to let them into your home, go ahead. But the US Constitution gave us the right to privacy in our homes, and a lot of people value that.
Comment by Linda Martin — April 9, 2011 @ 11:50 am
I found this site after readin about the tragic case of 13 year old Andriana in mi.where cps called law inforcement to kidnap this child from a loving caring mother.Through the years i have read about cps and foster care and am outraged over the sexual abuse and violence fostercare children are subjected to. Can one imagine a child taken away and put into fostercare or a home where they will be raped and unloved just because a house was a little messy? I have friends who were the best..most loving parents who had messy houses.Thank goodness their children were not taken away yet how many have for that simple reason. We are being diluged with horror stories of children stolen and the trama they go through. I have had enough of these horror stories and its time we all stood up and called..write..flood cps with mail that we are not going to tolerate their immoral and outrageous behavior any longer. I am writing the michigan cps over the latest outrage..the little 13 girl who caught a sexually transmitted disease while in the care of cps. Please let your outrage be heard.
Comment by hanna — May 6, 2011 @ 8:35 am
We are in need of an attorney that will work with low income. We are trying to adpot our niece and nephew who are in CPS custody in Tucson,AZ. The social worker is lying to us..emails to prove…and going to fight our approved home study. Anyone with ideas or can help please email me @ saranvecchia-at-gmail.com
Comment by Sara — May 26, 2011 @ 10:21 am
Hi,i recently had a dcf worker come here and try to give me a drug test. I refused. But, before that, she was looking through my bathroom cabinets. Her name is Nicole Negron of Lee County,FL. Is she allowed to do this?
Comment by Amandaq — October 21, 2011 @ 6:07 am
Amandaq – you have a right to privacy in your home according to the fourth amendment of the US Constitution. Look that up! Government agents cannot enter your home unless you invite them in, or unless they get a search warrant based on probable cause.
Comment by Linda Martin — October 21, 2011 @ 7:59 am
This was done to me also in San Antonio Tx they were not allowed to come into my house and the cop pushed me out of the way and went in the house while another cps worker came in and took my baby. I cant wait to sue them!
Comment by Laura — November 5, 2011 @ 7:29 am
B MacD, please provide contact info, my friend would like to speak with you, email is fine. Thank you,
She has been under twenty-four hour surveillance for several years, and district attorney/judge apparently renewed mulitple warrants to enter (while family was not home?). They were caught entering home, and a sheriff’s report was made, but the sheriff said “if you don’t know the person’s name climbing in your doggy door, how can we take a report?” Our sheets and clothes were cut up, sleep deprivation, character assassination, workplace harassment- has crossed state lines!~ need help, is it too late?
Comment by kacy — December 12, 2011 @ 4:17 am
Recently, a CPS investigator showed up at my home unannounced and when my spouse answered the door our dogs were inside ready to protect my family from a “stranger”. My spouse asked the CPS person to “wait a minute I have put the dogs up”. The CPS worker opened our door and tried to enter our home. When the door opened one of my dogs bit the CPS worker.
Is what the CPS worker violating any laws by opening my door and entering our home uninvited? We have animal control officers who can verify the “event” based on the CPS workers statements to animal control.
Today, the CPS worker has changed their story and is now trying to say that my dog ran out of our home and bit her while she was on our front porch.
CPS was verbally cautioned, months before this event occurred , to not come in our home uninvited because our dogs will bite.
I am interested in your comments regarding my aforementioned comments.
Comment by AC — March 3, 2012 @ 1:55 pm
AC, it is common for CPS workers to lie, at least, that’s my experience. This sounds like a law enforcement issue. I hope you have a good lawyer and that the original statement to animal control can be verified.
Comment by Linda Martin — March 6, 2012 @ 3:35 pm
I am thankful for information like this. I work with families who have had children removed and I know that many have been victims. It is a terrible tragedy that we are breaking up families like this. In the two counties where I have worked poor families are the primary targets for losing custody. I have heard the same stories from parents over and over and no once has a worker provided any rights to a family when entering for the initial interview. A system that was meant to protect our children has failed miserably and landed thousands in foster care. Thank you for providing resources and info. I will pass it along.
Comment by Jackie — March 25, 2012 @ 7:09 pm
I NEED HELP CPS TOOK MY 3 GRANDCHILDREN FROM MY DAUGHTER AFTER JUMPING THROUGH HOOPS AND DOING WHAT CPS WANTED ME TO DO THEY LET THE KIDS COME LIVE WITH ME SO FOR THE LAST 15 MONTHS WE WORKED AT A GOAL FOR ME TO ADOPT THEM EVERYTHING WAS SET IN PLACE WE ARE IN THE ADOPTION PROCESS WITH CPS THEN CPS COMES INTO MY HOME 3 DAYS AGO AND TAKES MY KIDS FROM ME THEY WON’T GIVE ME ANY ANSWERS TO WHY THEN I FOUND OUT THAT A VINDICTIVE FAMILY MEMBER WHO WAS MAD AT ME MADE 48 PHONE CALLS TO CPS AND THAT IS WHY THEY TOOK THEM I’VE NEVER HAD ONE REPORT AGAINST ME IN THE PAST 15 MONTHS BUT CPS WON’T EVEN GIVE ME A CHANCE TO DEFEND MYSELF AGAINST WHAT WAS REPORTED TO THEM I LIVE IN ARIZONA AND I HAVE NEVER HAD TO DEAL WITH CPS BEFORE CAN ANYONE PLEASE HELP ME
Comment by DENEEN — April 26, 2012 @ 6:26 pm