How to Write a Declaration of Facts to Submit to the Court
When parents appear in Juvenile Court they are handed a report written by a CPS social worker. It states the county’s side of the court case.
Who writes a similar report explaining the parents’ side of the case to the judge?
Usually, nobody.
Legal documents explaining the parents’ side aren’t written because they have court-appointed attorneys that in general, often don’t care enough to take the time to produce legal documents. Many of these attorneys receive a flat fee per case so there’s no financial motivation for providing an aggressive defense for the parents.
Most often, court appointed attorneys in Juvenile Court simply guide the parents through the hearings and advise them to sign a plea or stipulation of some kind, which implicates them as being guilty. If the parents sign (most do because their court-appointed attorneys are advising it) there will be no trial – no opportunity for them to protest their innocence or defend themselves. Without a trial there’s never going to be a time when the CPS social worker has to prove the county’s case.
So what should CPS victim-parents do to counteract the problem of having a court-appointed attorney who won’t aggressively defend them?
A few years ago I advised parents to write a letter to their attorneys to let them know what is expected of them. Get this on paper and keep a copy. If the attorney refuses to at least attempt to provide an adequate defense you’ll have proof that you requested one, and can sue in civil court for legal malpractice. Let’s hope your attorney problem never gets to that point.
Now I’ll explain what you can do to start the process off right – and that is to write your own legal document to give to the attorney. This document is called a “declaration of facts” and will state your side of the case. You can request that your attorney present this to the court so the judge will read it prior to making any decisions.
Your attorney is bound to have some opinion on this. Work it out with him or her and keep in mind that though the court-appointed attorneys usually don’t want to do the work to produce legal documents in your defense, they may have excellent advice regarding what you’ve written. They usually are not intentionally against you, but simply don’t want to do a lot of work on your case for the small fee they receive.
When writing your declaration of facts, keep two things in mind:
1. NEVER write any self-incriminating statements into your declaration as this can be used against you. You’re trying to prove your innocence, and not give evidence to prove your guilt.
2. Keep it as brief as possible. The judge is far more likely to read it happily and thoroughly if your sentences are short and to the point, and if no unnecessary information is included. Brevity is golden when writing court documents. You want the judge to like you, not hate you because your statement was too long. Focus in on the most important issues and leave out everything else.
Here is a simple format for your declaration of facts, which should be double-spaced.
…
Name:
Address:
Phone:
Email:
Declaration of Facts
I, ______________________________, state:
(Your Name)
1. I am the mother/father of three children: (Names of kids.)
2. This declaration is being written (state reason for writing the declaration of facts – for example, “in support of a motion to return children to mother” or, “to explain my side of the case to the court”.
3. This is in reference to (Case Name, Case Number, Date Filed and the name of the court.)
4. (Just state facts one at a time… I’ll give some examples.) On June 2, 2002 I let my children go to school as usual and while they were there a CPS employee interviewed them without letting me know first.
5. There were no witnesses to this interview and to my knowledge no recording was made.
6. My children were detained by the CPS employee and I was not notified by the school so by 4:30 when they didn’t come home from school I was worried about them and called the school to find out if they knew anything.
7. At first nobody wanted to tell me where my kids were and the phone was handed to three different people. Finally the principal got on the line and told me that CPS took my three kids because my son, Johnny, had a bruise on his arm and said I did it.
8. The bruise happened because he climbed the apple tree and then got scared and couldn’t get down. I climbed up there and grabbed him and had to lower him down by his arm and that’s how he got bruised.
9. By the time I got off the phone with the principal of the school, it was only a few minutes before five PM so I called CPS but only got a recording and nobody would answer. It was Friday and I couldn’t get through to them all weekend and even went to the office twice but it was closed. That was why I didn’t check on them for two days – not because I didn’t care which is what the worker, Judy Jones, made it sound like in court on Wednesday.
10. I haven’t seen my children in three weeks because they say I’m a danger to them. This is not true. In fact most of what they say about me is not true which is why I’m contesting the charges and asking for a full trial to make them try to prove their untrue statements.
11. The CPS employees I talk to on the phone are extremely rude to me. They are Judy Jones and her supervisor, Mr. Smith. Judy Jones said very sarcastically: “You should never have had kids if you were going to hurt them. People like you make me sick.” This woman, Judy Jones, won’t believe this happened in the apple tree.
12. I am requesting a court order for the return of my children immediately.
[NOTE: This last part should state the exact words used, just change the date and place to match your circumstance.]
Executed January, 1, 2003 Town, State
I declare under penalty of perjury that the foregoing is true and correct.
_________________________________
(Your Name)
For more information on how to write a declaration, check out this PDF file from Washington Law Help: How to Write a Declaration in a Family Law Case.
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Comments (39)
Nice, can I use it for three upcoming temporary custody cases I am advocating for? Two out of the three are mentally disabled, and unable to understand exactly why CPS has their children, and the third one is a brother who’s children’s mother was incarcerated recently, and she turned temporary custody over to my mother. We have major concerns as to what happens when the six months of Temp Custody are complete.
Comment by Cherie Nishke — December 22, 2010 @ 10:52 pm
Good advice. But here’s what I did & eventually I won: Get a “real” Family Law attorney who will take your statements & put them in “legal paper” format. Have the court-appointed attorney File-Stamp it into the Court Clerk’s office. This will be your 1st declaration in Court serving as a rebuttal against CPS perjury. Don’t expect your court-appointed attorney to write one for you — he won’t.
Comment by Joseph B. Chevalier — December 23, 2010 @ 9:16 am
Cherie, yes, you can use a Declaration of Facts for those hearings. Everything should go through their lawyers.
Comment by Linda Martin — December 23, 2010 @ 10:00 am
Joseph, when I did my Declaration of Facts I used legal paper I bought from a stationary store. Each line should be double spaced and numbers indented ten spaces, if you want it to look official. The most important thing is to get the words on paper… in a form the judge is most likely to pay attention to.
Comment by Linda Martin — December 23, 2010 @ 10:01 am
how incredibly unfair and outright otherworldy (seriously!) this all is! Judy Jones and Mr. Smith should be full of understanding and heartfelt sympathy for the families and the little kids for only then they could see clearly the truth and separate their own bloodthirsty egotism from their actions. They are monsters,they have become monsters.They all operate in a hypnotic state,drunk on power they substitute for emotions they don’t themselves posses. Those who’s hearts can’t be turned are eased out of the cabal,the weaker ones,the sick ones, stay and get absorbed into the Borg. If you find this to be the truth,tell everybody ,anybody will listen if you are sincere and feel love in your heart.The information about existence of this Website (fightcps.com) should be a mandatory information presented to each accused parent prior to the Detention hearing.I don’t even remember how many hundreds of people I have told about it in the last 4 years. I have never met a saint in my life but I know of one.
Comment by Milos Leubner — December 23, 2010 @ 10:37 pm
This is exactly what my son needs right now after being railroaded and hammered. He is fighting back and is preparing for an appeal. Thank you!
Comment by Annette — December 24, 2010 @ 8:28 am
needed this 2 yrs ago! too late now for me but great for everyone else who can use this right NOW…!
Comment by weRstillNotfree — December 24, 2010 @ 10:20 am
I am a Parent Advocate helping families navigate the Child Welfare System in New York. Often parents want to know what they can do to file a complaint against a who they feel are abusing their power. Inappropriate comments, not allowing the facts to determine the decision concerning visitation and overriding recommendations by the social worker planning with the family. Often siding with Child Protection.
Comment by Sandra Killett — December 26, 2010 @ 11:58 am
I need help in getting my son back. Long story short he tested positive for meth in meconium. They took him away december 22 and I go to court tomorrow dec 27th for a detention hearing. I admit I made some dumb decisions but I used months before giving birth and did not think it would be in his system as I only used a few times back in July/aug. I then got into a drug program and completed that successfully in september. I dont no were to begin as cps has turned my world upside down. I do love my son and we just want him back home with his mother and father. I live in indiana and I am going to ask the judge to return him to me tomorrow in court but Im not getting any good vibes with that being said. No one thinks he will be returned to me for months which is probably what will happen. I am torn and need some advice. Please help me asap ..thank you so much. I dont need bashing as I feel small enough right about now!
Comment by brittney — December 26, 2010 @ 6:27 pm
I am writing a declaration of facts on a referral of neglect against me regarding my 2 yo.
How do I find out what their abreviations mean, i.e. OV, UK, XX, UH, AP, NO, ans UH.
Obviously MO is mother and FA is father. Any help? thanks
Comment by Becky — December 26, 2010 @ 7:44 pm
Thank you and my clients thank you. I am an advocate for the Seriously Mentally Ill/ Homeless community in Maricopa County, I am also a peer working in the behavioral health field, time after time CPS has ignored the rights of our community, and given the parents little choice in the matter, even after they secure housing.
Comment by Cherie Nishke — December 26, 2010 @ 7:45 pm
…of course it will be submitted to their attorney’s. Everything is to go through their attorney’s first…
Comment by Cherie Nishke — December 26, 2010 @ 7:47 pm
Brittney, you can get feedback on your case in our message forum. Please use a fake name to register there: http://forum.fightcps.com … I am a few days behind on answering messages but I do read every post there these days.
Comment by Linda Martin — December 27, 2010 @ 10:58 am
Becky, where are you seeing those abbreviations? Are they in a sentence you could give us for context? Maybe the message board is a better place to help on this: http://forum.fightcps.com
Comment by Linda Martin — December 27, 2010 @ 11:00 am
Thanks, Cherie… I’m so glad you’re able to help the people in your county.
Comment by Linda Martin — December 27, 2010 @ 11:01 am
Ms. Sandra Killet, I see you are a parent advocate here in NY. I need some help with my case. My 16 yo daughter accused me of abuse. The lawyer hasn’t helped at all & I would like to appeal the decision of neglect decided on December 13, 2010 I feel discriminated by the judge. And am trying to get help 911.
Comment by Helen — December 27, 2010 @ 6:50 pm
to all the heartbroken parents and children, I hope we all get relief from this corrupt gov. run cps devil soon . never ever give up hope and pray. all information on what to do is greatly appreciated thank you!
Comment by vicki — December 28, 2010 @ 9:25 am
My 4 month old was removed after having a colic episode in which I contacted her pediatrician hysterically crying of concern for my daughter. I was being asked if I was hitting her and I became obnoxious and nasty and responded ” yeah stupid I might throw her out the window” don’t you see I am calling for help. This comment has taken me thru 3 weeks of pure hell were ACS placed my baby in foster care, hospitalized me in Jacobi psych unit over night, making me jump hoops to try and get my newborn returned to me. They broke our bond all checkups on baby re: neglect, NEGATIVE vaccination all up to date. Single mom managing with my baby being treated for post partum depression and this is being used against me. This is assistance that I found myself at 8 months of pregnancy due to anxiety, concern towards financial woes & my new addition. All I have to do NOW is parenting classes and follow their routine. However, I been suffering away from my child, she is a newborn baby and I was separated from her punished by the system cause I called for help! In the thought of “imminent risk” to no proof I barely get to see my daughter, since the foster mom work schedule conflicts with mine. I am in therapy and I had to have a psychological evaluation by a court assigned psychiatrist to determine if I am harmful to my newborn. If there is no sign of abuse is this legal? Keeping my newborn away under suspicions is legal? ACS at one point made comments about a Mongolian spot baby has on her buttocks / birth marks on head and they claimed needing to have the baby fully examined, I agree to verify I was not beating my 4 month and it all turned out to be birth marks, so what now? Court date on the 11 th of January 2011. so unfair baby fist Christmas and new year, her first months of life without me. I need my baby back.
Comment by Irene — December 30, 2010 @ 3:08 am
Irene, and anyone else needing feedback… please join our message board forum: http://forum.fightcps.com
Comment by Linda Martin — December 30, 2010 @ 11:13 am
“8. The bruise happened because he climbed the apple tree and then got scared and couldn’t get down. I climbed up there and grabbed him and had to lower him down by his arm and that’s how he got bruised.”
This appears to be an admission of neglect: you weren’t watching him. Then you lowered him by only one arm, which is abuse. (I know it’s just an example)
Anything and everything you say will be used against you. In many states the policy is to get as many children as possible entangled in the CPS system. They get funding for each child (“case” to them – they don’t care about the child) they can grab.
It has gotten to the point that every parent and every child needs to have their own attorney on tap. Unfortunately, the parents and children who are most likely to need legal assistance are those least able to afford to pay. Those who are able to pay for their own lawyer are generally not as much at risk.
A cell phone with a camcorder in it is also very useful. We had a CPS agent at the door who, when she saw our camcorder, called her supervisor and said, “They’ve got a camcorder!” She left in moments. My wife was already on her cell phone with our lawyer, so perhaps the two were daunting. Funny – she had shortly before said, “What do you have to hide?” in response to my refusal to submit to an interview until our lawyer was present.
Comment by Mac — January 1, 2011 @ 5:34 am
Thanks for your feedback, Mac. You’re right, it could be used against the parent… CPS workers will try anything to get their cases through court. Lying and misinterpretation of facts is a specialty of theirs, it appears.
Comment by Linda Martin — January 2, 2011 @ 12:55 pm
I have been trying to help my son and daughter-in-law, with my grandson of 6 months old. My son and his wife have been to 3 court hearings already, have almost completed with complying with their CPS social worker service plan, they just have some issues with the CPS social worker that seems like she doesn’t want them to get their baby back. I have read the email that I received from FightCPS, and I would like to know if their are more documents that might help my son with his case to give to his attorney.
thank you
Brenda N.
Comment by Brenda — January 4, 2011 @ 7:14 pm
Thank You for this information. I will use this format.
My granddaughter who is 17 now has been in the system for about 6 years. I have just been given the chance to take 3rd party custody of her but CPS is jacking me around. I’ve had continued contact with her the whole time she’s been in their care. In fact CPS has even allowed me to take her places and we’ve bought her clothing for her as her caregivers did not, we’ve bought her personal items as her caregivers would not, we just recently bought her a car and have it on our insurance policy which none of her caregivers would. Heck we’ve even bought her hygene products when her caregivers wouldn’t.
Comment by Kay — January 4, 2011 @ 8:43 pm
the cps system is so broken to the point that they are some heartless people working,its all about funding and destroying family
Comment by kameshia — January 5, 2011 @ 6:46 am
Brenda, it sounds like your son is headed for a TPR hearing. He can request a full trial, and take in his declaration and evidence. You can attach documentary evidence as “exhibits” to the declaration by referring to them within the statements in the declaration. He can also respond point by point to the social worker’s report in a document called “Objections and Corrections to the Report of the Social Worker”. See the Legal Document and Information Library for a link to a sample of that.
One more thing – if he can find any expert witnesses to testify on his behalf in a TPR trial that would help. Also, if the attorney is not helping that should be mentioned in court, so if there has to be an appeal it will be on record that the court appointed attorney was incompetent or unhelpful.
When they go for TPR they usually try to convince parents to sign away parental rights, often with promises of post-adoption contact. These promises are not legal and rarely fulfilled. This is just a way social workers and lawyers try to avoid the hassle of a TPR trial. Without the trial there’s no hope for the parents.
Comment by Linda Martin — January 6, 2011 @ 12:48 pm
I am a single mother of 2 girls who where taken from me due to me having MS and was in a wheelchair for a month.
I’ve been in contact with some state reps and a senator who seem to want to help. I’m trying to gather stories to take to Olimpia with me. The Ombudsman’s office is no help. But the more complaints they get the better. Please feel free to contact me with any information you think will help all of us. kriswarren0-at-gmail.com
Comment by Kris — January 7, 2011 @ 2:44 pm
Kris – contact http://www.washingtonfamiliesunitied.net
Comment by Linda Martin — January 10, 2011 @ 2:31 pm
Me and my wife are in our forties and had our first child on 9/7/10, 24 weeks pre-mature. She was taken out of hospital care by CPS. I intent to fight this all the way. I also intend to start a fund raising to support a board of attorneys to go after them and try to shut CPS down. More info on this will be posted here in the near future.
Comment by Ross — January 17, 2011 @ 12:37 am
I am wondering how to right a letter to the state senitor? I am going on 3 years now, on second court appt. attorney, and I still am not allowed to have a visit w/ my son. Soon as I get close to what they tell me, they push something else on me. My son wants to come home, and wants a visit, He told me on the phone.
Well because I told case worker that, I am not allowed to speak to my son no more, not allowed to send any packages, and when I do I have to send it to the case worker. I am not allowed to put “I miss you, or I love you” on any letter are cards I send. They have been lying so much to me. I sent a letter to the judge, it was sent back stating- “the judge will not read your letter, you need your attorney”. Well my letter stated my attorney will not help me, I think he is in Cha-hoots w/ the case workers..
I’m in Louisiana, is there any help/advice you can give me. Please someone, I proved to be a great mom! Because I cry, I am crazy the caseworker states! I just miss my son, and he shouldn’t be going thru this.
Comment by michelle — January 17, 2011 @ 4:34 am
Michelle, it is true you’re not supposed to write a letter to the judge – that is called ex-parte communication. All parties must be notified of all communications, so a court document is the correct place to state your case. The documents you create should be submitted through your attorney. Please read this site; it would help you quite a bit. Read Make Your Court Appointed Lawyer Work for YOU but do not copy my letter. Make up your own letter about YOUR case to send to your attorney along with your Declaration of Facts. If your attorney will not help you then stand in court and tell the judge that your attorney isn’t providing an adequate defense and isn’t capable of doing the job.
Comment by Linda Martin — January 17, 2011 @ 3:27 pm
I spent hours preparing my Declaration of Facts and when I was done it was good. I gave it to my Public Pretender who practically glanced and gave it right back to me.
My Declaration did not make it to the judge, and was pretty much ignored completely in court.
Help?
these cps workers are lying and trying to terminate my rights. i have literally done every thing they have asked. the foster caregiver wants to keep my baby so badly. 15 months into it and i still dont have unsupervised visits. Please, someone, help. i am dying inside and about to lose my 15 month old daughter. email: nottuvthisworld-at-aim.com
Southern CA
Comment by Alexandra — January 30, 2011 @ 5:28 pm
Alexandra, if your declaration is ignored by your attorney you can do one of these things:
1. File it in the case yourself at the county clerk’s office, though it is better to get an attorney’s blessing on it first.
2. Send it to your attorney with a cover letter demanding that he read it and give it to the court unless he can come up with some very convincing reason why it might hurt your case.
3. Stand up in court and tell the judge your attorney isn’t willing to give you an adequate defense and that you’re entitled to better representation.
Comment by Linda Martin — February 1, 2011 @ 2:15 pm
Thanks for all your information
im preparing a letter for my daughter right now to petition the courts.
her ex husbands wife decided to call cps on her and now for a year they have been in her life and children are in home (wards of the state) just a plea….. please dont ever call cps if a child is healthy , happy , clothed and fed. over a dirty house is what got them involved and now we are fighting daily to keep her 3 children.
CSP IS A NIGHTMARE!!!
Comment by patty — March 28, 2011 @ 5:52 am
Can I submit the Declaration of Facts after the depedancy hearing at my reveiw?
Comment by Sheri — May 12, 2011 @ 5:27 pm
Sheri, yes… I would submit a new one at every review. Also, any time a social worker submits a court report you can respond to it with Objections and Corrections.
Comment by Linda Martin — May 13, 2011 @ 6:02 am
I did write before about my twin grandsons that were taken Oct.5th and out of FEAR we were never shown the order to do so. The judge signed the order after 79 hrs. and didn’t see it for 3 wks. CPS lied saying an investegation was done and the babies needed to be removed. There was never anyone at my house except to take the babies.We can’t find 1 attorney that will stand up to CPS from Ozark to St.Louis,MO.. I hade a visit 1 time since 10/5 and the father hasn’t had any. 12/22 is another hearing and even though I have been approved for foster care kinship, the case worker told me Fri. She will NOT recommend the boys to come back even though my son moved out 45 mins.away on 10/5th I asked her why and she said she is going for a permanent placement. Please Help ? These LIL GUYS are getting thinner and thinner. they are Special Needs Children. Please?
Comment by Lucia (grandmother) — November 27, 2011 @ 2:33 pm
i tested dirty for meth a year ago and my termination hearing is in a month. ive done everything they have asked except having stable housing due to various set backs. i live everyday for my babies and i need advice quick
Comment by morgan — December 11, 2011 @ 12:55 pm
Iam a peternal grandmother,i called cps after an alledged accident while my grandson was in girlfriends care,cps went to talk to father and gfriend then went to mothers house and told her not to let me alone w grandson.no one ever talkd to me.in court i wasent there because attorney said it wasent about me, i got ordered visual supervision.now i called cps again when signes of abuse were on my grandson,the griend is not allowed to be alone with him.now cps says i have to go through the courts supervised visitation if i want to see my grandson,my son used the system in retailiation for me calling cps.ive never met or talked to any cps workers other then when i made the report.what do i do.
Comment by jrenee — December 14, 2011 @ 3:32 pm
Jrenee, quit calling CPS. They will only make things worse for the entire family. I guess you know that now.
Comment by Linda Martin — December 15, 2011 @ 1:24 am