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.
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 The law that started this, CAPTA, must be repealed.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.
“The issue is this: by the time they call me, it’s too late, they signed the form. Once they sign the form, the case is over. If there was one thing I could tattoo onto every parent’s arm, it would be this: SIGN NOTHING WITHOUT AN ATTORNEY PRESENT.”
And to that, I’d add: Be sure the attorney is working in your best interest, and not for the county that seeks to oppress you.
If you sign a plea of any type in the juvenile court hearing, you’ll be giving up your right to a trial. Often the court appointed attorneys won’t tell you this. They don’t want a trial because it is a lot more work for the same amount of pay. The caseworkers don’t want a trial because they’d have to *prove* their case rather than just make allegations in their “social worker report” to the court.
If you’ve already made the mistake of signing a plea or stipulation in court, do everything you’re court ordered to do, plus write a declaration explaining your side of the case ***but, write nothing self-incriminatory*** and collect documentary evidence that you’ve completed the court-ordered services, and anything else that you can come up with that proves you’re a good parent. One single mother got ten children returned by the court after she showed the judge photographs of her home with beds ready for all the children. So, get busy on that evidence! You will need to share that with your attorney before court.
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.
If you have been forced to pay child support while your child is in foster care, you’ll want to read about how Greg Smart of San Diego has convinced the county to dismiss their child support case against him.
Her daughter was taken by CPS and apparently placed with a relative. Now CPS has closed the case but won’t give her any paperwork verifying that. She filed an ex-parte motion with the court but the judge said he couldn’t make a ruling so long as there was an open CPS case.
Meanwhile her daughter is with someone else and she has no visitation rights.
Wendie’s question is “When can I see my daughter again?”
Does anyone here have a suggestion for her?
Wendie – let us know if I got the story right, or if the situation is different than what I understood from your comment.
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