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 The law that started this, CAPTA, must be repealed.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.









Bad Child Protective Services agents deserve to be sued.
Represent Yourself in Court: How to Prepare & Try a Winning Case

By Attorneys Paul Bergman & Sara Berman-Barrett

Child Protective Services is shredding families.
The Shredding of Families

By Dr. Lillian D. Dunsmore and Dr. Richard A. Dunsmore

Child Protective Services from a fosterer's point of view.
Memoirs of a Baby Stealer: Lessons I've Learned As A Foster Mother

By Mary Callahan

Protecting Children from Child Protective Services.
Protecting Children from Child Protective Services

By Alan L. Schwartz

Dark Secrets within Child Protective Services
By Teresa Cunio

Psychologists who work for Child Protective Services.
Whores of the Court

By Margaret A. Hagen

Fiction about Child Protective Services.
Custody of the State

Christian Fiction
By Craig Parshall


Search Now:







Fighting Child Protective Services False Accusations


Fighting Child Protective Services False Accusations
Family Rights v. Child Welfare




April 15, 2009

The Future of the FightCPS Website

I’m grateful that I’ve spent twenty years as an activist exposing America’s sick child welfare system to the light of day.

I’m grateful for the emails and comments I received telling me how much this site has helped. Those testimonials mean a lot to me and always will.

Twenty years ago this month, my fourth child was born in Central California. Before I could leave the hospital a social worker visited my room to talk to me about my history of being battered by my child’s father. Later I learned that while I was there I nearly died, and during that time my child’s father threatened the doctor, so he decided to report us to CPS. I had to leave my baby in the hospital because she was premature, and on the day she was released a social worker picked her up and left a slip of paper on my front porch.

Only a few days later I learned what it was like to go into Juvenile Court to be given a social worker’s report filled with lies. That was the day I realized that our justice system was broken, that social workers could lie and nobody cared - and that they could get away with perjury. That was the day I started learning that our Constitution doesn’t apply in Juvenile Court and that I couldn’t have a jury trial. That was the day I started realizing how ineffective public defenders are for child welfare victims.

Okay - it has been twenty years. I am one of the very lucky ones who fought back, found an activist to help me, and who succeeded in getting my child home again (after eight months of separation.) Lucky me. But I was traumatized to an extreme - not only by my shock at the injustice of the child welfare system, but also by my family’s non-support, my need to cope with being a battered woman, and the end of my relationship with the man who battered me.

Trauma takes a long time to wear off, and twenty years later — honestly, I’m still dealing with it!

When this happened to me I was working as a welfare worker in the same Department of Social Services that contained the CPS agency that attacked and lied about me. I was sickened to learn that my employer allowed these vile social workers in the CPS unit to perjure themselves, violate regulations, and be rude to young, traumatized, suffering parents. My thought was that if they were doing this to me (another DSS employee) WHAT WERE THEY DOING TO ALL THE YOUNG PARENTS WITH LESS EDUCATION AND MONEY THAN ME? I was appalled. Shocked. Disgusted. I wanted to do something to help other parents going through this wretched system of injustice, and from the time my case closed in 1990 until now, I’ve been doing what I could when I could.

My main goal at first was to expose, expose, expose. I wanted the public to know what was going on in the social services department. I was fortunately led to a local weekly paper with a similar goal - to expose local government corruption. I wrote some articles. I contacted some child welfare victims and helped a few of them to file for State Administrative Hearings. I burnt out - and needed to turn my attention to raising my two youngest children - both preschoolers at that time.

Next I started a computer bulletin board service (BBS) via the FidoNet network. Anyone here know about FidoNet? I did that for five years and during that time contacted a few child welfare victims including the woman who wrote Don’ts and Do’s When Falsely Accused… she lived nearby and we got together quite a few times. When her case closed she moved out of state.

The internet got my attention next. I was handicapped by my finances - I was unable to afford a worthy computer for quite a few years. I learned to do some webdesign, and in 2000 started the Child Protection Reform Yahoo Group (which I’ve since given away) and next I created Fight CPS And Win - now simply called FightCPS. I’ve been developing this site since October 2000 - almost nine years.

Here’s the bad news (or maybe it is good news) . . . I’m ready to do something else with my life. I feel my most important goal here has been fulfilled. That goal was to expose the system to the American public. I feel that has been done, and that we’ve reached CRITICAL MASS in that now many people are speaking out about the injustice including wonderful state legislators in Georgia and Washington. Also the news media, especially television news, is speaking out to expose the system. That didn’t happen back when I started my activism, twenty years ago. Back then even child murders in the foster system were not carried in the news media, so I’m excited when I see television news commentators exposing CPS injustice. There are also multiple developing websites to cover this issue on the internet now, many more than when I started, and I see the seeds of greatness in some of them. Very exciting stuff! So I know that when I leave, there will be others to take my place and fill in the gaps. My mission here is complete.

I will always feel as I do about the crazy, unjust, and cruel child welfare system. I have not changed but I have other things to do now. I have no more children under age eighteen. I need to focus on other things in my life now.

I don’t know what will become of FightCPS.Com — and am considering all the options at this point. I won’t leave this month or next, but I’m sure by the end of 2009 I’ll no longer be doing this. Therefore I’m ready to hear from other activists or advocates who feel able to own and maintain this website. This will require someone to move the entire site to another server, so I’m looking for someone with confidence and competency in the web skills arena. It also requires someone with outstanding writing skills.

This site has thousands of links pointing to it. It ranks well in the search engines. For that reason, I don’t want to just dump it. I worked hard to make it rank well so that people in need of help could easily find us. I think it is a valuable site for that reason, and that it would be a shame to just close it down. I really want someone else to take it over, love it, develop it, and leave it on the web as a beacon of hope to whoever goes to Google and types in “child protective services”. It is the only anti-CPS site that shows up in the first page of search results.

Anyhow, if you’re someone who could take on this project and make it work, please contact me. I’m interested in hearing from you. My webmaster email link is at the bottom of this page. Please note that if I don’t know who you are, that’s a problem. I don’t want some government-paid disinformation agent to take over this site and subvert its purpose. Getting the right person for site ownership is more important than any other consideration at this point.

Filed under: Fight CPS Website — LindaJoMartin @ 12:35 pm



May 12, 2008

Filing for a State Administrative Hearing

If you don’t agree with how a CPS caseworker handles your case and can’t get a helpful response from that person’s supervisor, you might get results by filing for a state administrative hearing.

Why file for an administrative hearing?

1. Regulations

Is your CPS caseworker following the state regulations for child protective services caseworkers? Have YOU read those regulations?

If you haven’t read the CPS regulations for your state, start there. See your local county law librarian if you need help finding the regulations. Make a note of every regulation that is being violated in your case. Start a list of issues that could be brought up during an administrative hearing that will decide whether your CPS case is being handled right.

2. Court Orders

Have you been to court? If so, you probably have a court order signed by a judge. Do you know what it says? Everything on that list of things you must do to regain custody of your child NEEDS to be done. That’s the service plan and in order to get your kids back, you MUST do everything in your power to complete the plan before the next court hearing.

There are two things CPS caseworkers might do to mess that up for you.

(a) They may take their time about making referrals for you to get their “services”. For example, your court order may say you must complete counseling. But your CPS caseworker won’t even tell you the name of a counselor you must see. Sometimes caseworkers delay service referrals then go back to court saying you haven’t had enough of their services. Even though they are to blame for you not getting the referrals, the judge will probably agree with them.

(b) Another thing they might do is to refer you to services that aren’t court ordered. For example, you might have a CPS caseworker forcing drug tests on you when they are not a part of the court-ordered service plan.

3. The Children

Do you have a court order that allows freer visitation than your CPS caseworker will permit? Review your court order to see exactly what it says. For example, a court order might not require visitation to be supervised, but the CPS caseworker insists that it should be. In this scenario the CPS caseworker is violating the court order.

Are you worried about injuries on your children in foster care, but find that the CPS caseworkers aren’t willing to move them to a safer environment?

If you feel your CPS caseworker is violating regulations, or trying to delay court ordered services, or referring you to services that are not court ordered, or in any way violating the court order in regards to visitation or any other issue, you may have just cause for filing for an administrative hearing.

How to file

EVERY UNITED STATES AGENCY HAS AN ADMINISTRATIVE HEARING PROCESS FOR AGGRIEVED CLIENTS. THIS INCLUDES CPS AGENCIES. If you run into bureaucrats that say there’s no internal review process like this, they’re wrong, and you’re talking to the wrong person.

Don’t bother asking your CPS caseworker about whether or not you can file for a hearing. Many CPS caseworkers may not know about administrative hearings. Maybe they’ve never had a client file for one. In any case, you don’t need to consult your adversary to file for an administrative hearing. (Also called a state hearing.)

You can use the telephone to contact the hearings department of your state department of human services to file a request for a hearing.

Another thing you can do is go to the front desk of the welfare office. Ask them for a hearing request form, and use it to file for a CPS administrative hearing. Welfare departments are part of social services, and they are used to getting hearing requests.

Be sure to keep a photocopy of your hearing request form.

What this does for you

When you request an administrative hearing, an employee of the state department of human services known as an Administrative Law Judge (ALJ) will review your case. This means that injustices being done to you and your children on the county level will become known to the state department of human services, and all employee decisions will have to be reviewed.

This is likely to frighten and upset your social services caseworker and the caseworker’s supervisor. Is that what you want? Think that over; maybe you do and maybe you don’t.

The CPS caseworker will be called into a hearings room to meet with you and the ALJ. Most likely social services legal staff will have a position paper ready to give to you and the ALJ representing their side of the controversy. They might even have their lawyer there.

BE PREPARED with your own set of legal documents representing and proving your side of the case.

When you go to an administrative hearing you can appoint someone else to represent you. That other person could be an activist, an advocate, a lawyer, or anyone you feel is most competent. Or you can represent yourself.

Look through your state’s social services administrative hearing laws or regulations. You have a right to request that these laws or regulations be sent to you in preparation for your hearing. Or, go to your local county law library for help finding them.

Will your hearing help you?

Most hearings I’ve attended either to represent myself or another person involved with CPS did not have what I would consider a most positive outcome. Many of our requests were denied, but some were granted. Whether denied or granted, these issues were brought to the attention of the state and the CPS caseworkers had to have their actions reviewed.

I believe that many requests weren’t granted because the ALJ didn’t want to agree in a way that would give us grounds to sue the state. This is an INTERNAL agency hearing and you can expect some CYA (cover your a$$) type decisions.

Usually after the hearings, circumstances in the cases changed. This may have been because our hearing requests notified the CPS caseworkers that we were going to fight for our rights, not lay down and get walked on.

Before you file for an administrative hearing, think about whether or not this could have an adverse effect on your case. You don’t want to file just because you’re angry with the system. If you have a genuine issue with the way your CPS case is handled, and the local social services personnel won’t change their erroneous course of action, then the state administrative hearing might be a way to force action and state oversight of a CPS case.

One thing your hearing isn’t likely to do is to force your CPS caseworker to give your child back to you right away. This is not the same as going to a juvenile courtroom and getting a judge there to agree to have your child sent home. The state administrative hearing is only a review to see if a CPS caseworker is going by social services rules to handle your case fairly. Administrative Law Judges can and do force CPS caseworkers to handle cases differently.

If for any reason your requests are not granted, do not be disappointed, but forge ahead by doing everything on your court-ordered service plan and by preparing a home to bring your children back to.

The state administrative hearing does not affect your juvenile court hearing, which is where a judge can decide to send your children home. The state administrative hearing is an internal state review of an agency’s work whereas the juvenile courtroom is an external review hearing presided over by county judges.


Written by Linda Martin for Fight CPS.

Filed under: CPS — Linda @ 8:33 am



June 22, 2007

Site Map for FightCPS

This site map is under construction. I have about six hundred more pages to add. In the meantime if you want to find something on this site, try using the search box on the left side of this page.

About Your CPS Case
Who Will Prepare Your Case?
Your Case Notebook: Is It Up To Date?
Don’ts and Do’s When Falsely Accused

Abuse of Foster Children
Michigan: Another Child Beaten To Death In A Foster Home
Texas: Foster Parent Convicted In Death Of 3-Year-Old Foster Child
Vermont and Ohio: Protecting Children From Abusive Fosterers
Ohio: Child Collecting Foster Adopters Sentenced To Prison
Texas: The System Is Maxed
Washington: Foster Parent Arrested For Abusing A Foster Child For Ten Years; CPS Caseworkers Ignored 15 Reports of Child Abuse!
Baby Bruised in Foster Care: What Will Happen To Sean’s MySpace?
Oregon: Innocent Baby Girl Brain Damaged By Foster Parent Child Abuse
California: Foster Parent Pleads Guilty To Child Molestation
Washington: Spokane Foster Parent Pleads Guilty To Criminal Mistreatment
Texas: Foster Parent And Son Jailed For Sexual Assault Of Foster Children
Florida: Child collector caught with nine abused, imprisoned children and adults adopted from foster care in New York
Michigan: Lawsuit Filed On Behalf Of Foster Children Endangered By DHS Negligence
Missouri: Foster Parent Sentenced to 15 Years For Sexual Abuse of a Young Boy
Connecticut: Foster Parent Neglects Children At Casino

Abusive CPS Employees
Georgia: DCFS Administrator Arrested For Child Cruelty
Indiana: CPS Caseworker Cory Heinzman Convicted of Molestation
Iowa: CPS Social Worker Charged With Perjury during TPR Hearing
Washington: Spokane City Councilman Exposes and Lambasts CPS
Social Workers Needed for child stealing saving
Oklahoma: DHS Director Investigated For Child Neglect
Ohio: CPS Social Worker Fired For Not Following Court Orders

Administrative Hearings
Filing For A State Administrative Hearing

Boycotts
Boycott Wendy’s Restaraunts

CPS - Child Protective Services
Parents: Do You Remember The Fourth Amendment?
What Do They Call CPS In Your State? - 6.5.07
Arizona: “New” CPS Risk Assessment Tool Called “Antiquated”
How Can We Solve The Problem Of CPS False Accusations?
CPS - What Does It Really Mean?
When You’re Dealing With CPS, Where Are Your Friends?
Don’ts and Dos when Falsely Accused of Child Abuse or Neglect
Tell Us About Your Favorite Web Pages For Information on Fighting CPS
Calling CPS

CPS Reform
Connecticut: Flex Funds Can Keep Children At Home

Central Index
Has your name been added to a child abuse list?

Child Detentions
Texas: Pot Smoking Toddlers Sent to Fosterincarceration Facility

Family Destruction
TPR Trial - Day by Day Account at MySpace

Families Reunited
New York: Three-year-old Julia may be returned to parents soon
Jack and Casey He: Tennessee Supreme Court Upholds Parental Rights

Family Stories
Michigan: ‘My Name Is Lisa’

FightCPS Website
Major Site Update/Redesign Coming Soon
CPS Evil Kidnapper
Site Update Almost Done
Amazing What Some People Think I Have Time For!!!
Fight CPS on Web 2.0 Sites: Squidoo and MySpace
Policy On Copying Things Found On This Site - 8.12.07

Foster Parents
Build Suffering People Up, Don’t Tear Them Down

Grandparent Rights
Scotland: Grandparents Want Legal Rights To Contact Grandchildren
Pennsylvania: Non-Abused Child Ripped From Loving Grandparents

Guestbooks
FightCPS Guestbooks

Lawsuits
Possible Class Actions Regarding Psychological Evaluations
Class Action Lawsuit Planned
California Class Action Lawsuit Planned

Lawyers
Lawyers who take CPS defense cases
Make Your Court-Appointed Attorney Work For YOU
Post here if you need a CPS defense lawyer

Legislation
Indian Child Welfare Act - ICWA - Is A Disaster For Many Families
Dangerous Federal Legislation: The Mothers Act HR 20

Legislators
Vote for Family-Friendly Legislators
Contacting Your State Legislator For Help

Media
Stolen Baby Video At YouTube
DVD Review: Snap Decision
New American Magazine: Families Separated By The State
Michigan: WJR Radio Gives Parents Opportunity to Expose CPS
FightCPS Prayer Requests

Protests
DC Rally 2008

Research
Study Concludes That Kids Are Better Off In Troubled Homes Than In Foster Care

Running From CPS
Michigan: Parents Flee With Their Infant To Avoid CPS

Suing CPS and/or CPS Employees
Wisconsin: Federal Decision Against CPS Social Worker
California: Verdict Against CPS for 4.9 Million!
Washington: Children Sue CPS For Allowing Them To Be Abused By Foster Parent
New Federal Court Decision Against San Joaquin County, California CPS Social Worker
Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
California: Former Foster Child, Adoptee, Files Lawsuit Against Los Angeles County

Filed under: CPS — Linda @ 5:03 pm



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Constitution

What to do if CPS agents are investigating you

Write to your legislators about CPS

The Good Advocates List

A review of: Protecting Children From Child Protective Services by Alan L. Schwartz

Solomon's Wisdom

A Call For Change - by Joseph Sarandos

Bounty payments for adoptions - how much is your child worth to CPS?

Get your case file using the Freedom of Information Act and Privacy Act of 1974

The New Freedom - Orwellian "Newspeak" for a program that will force mental health evaluations on everyone. This is NOT "freedom" - this is about taking away your rights and controlling the minds of children and all other U.S. citizens.