Revised April, 2010.

Here are some of my recommendations. Keep in mind that I am not an attorney and this is not legal advice — so consider the source. Get an attorney if at all possible, and discuss these things with him/her. Your attorney will understand local procedures better than I possibly could.

Stay Calm

As you deal with the interview remember to be polite. Child protective services workers have copped an attitude and gone after hostile and terrified parents, thinking they must have something to hide. Treat the social services caseworkers respectfully, but don’t give them any information, or leads to more information.

They may need to see your children in order to close the case, and they will probably want to talk to both parents. Don’t be afraid. Do whatever needs to be done in order to get the case closed.

The less said, the better. Child protective services social workers usually show up at your door with little to no evidence. If they are acting on an anonymous tip, they have NOTHING. They cannot get a court order on an anonymous tip. The only thing they can use against you is information you give them.

Record and Document Everything

Check your state recording laws. Print out a copy of your state’s law, and put it in a file folder entitled “Child Welfare Agents” near your front door. Have a tape recorder and blank tape or video campera handy in the house at all times. If a child protective services social worker shows up at your door, be prepared to tape the interview. You can, at that time, show them that you have a copy of the law. Don’t be coerced not to tape — this is your legal right if your state law says it is. Video tape is better than audio tape, if you can afford to do that instead.

Furthermore, you must document everything that happens in writing! Take notes. An English activist recommends you write down every word and insist that the worker must wait until the words are properly recorded. You have the right.

Keep a spiral-bound notebook on hand and use it to document every contact with child protective services or child protective services appointed “service providers”. Don’t back down on this! Prepare in advance, and stand firm against CPS agents! After each contact, write a letter (some recommend having such a letter notarized) detailing what occurred, and request that the social worker confirm or deny the facts as you understand them within ten days of receipt of your letter. If no letter disputing the facts is received, then your statement of facts will be automatically confirmed. This form of documentation can later be used as evidence in your favor in juvenile court. See: Your Case Notebook – Is It Up To Date?

Don’t Invite The CPS Worker Inside

You are under no obligation to let a child protective services social worker into your house. Under the basic law of our land, the United States Constitution, Amendment Four, you have the right to privacy in your home. No government agent of any type is allowed to enter your home without your permission. We know of many cases where entry was coerced by statements such as “let me in or I’ll take your kids”. Do not give in! Do not give up your Constitutional Rights! Stand firm on this! If your rights are not honored, you can sue them later, but it is so much better to force them to honor your rights now. Check out Forced Entry Lawsuit.

The only exception would be if the child protective services agent shows up with a law enforcement officer bearing a search warrant. Usually that doesn’t happen — and I will tell you why. The child protective services agent is there at your door to gather evidence. Usually he doesn’t have enough real evidence to detain your child right away and there is not enough “probable cause” to obtain a search warrant. Typically, he will be just working on a phoned-in tip from someone who wants to retaliate against you for something. If you talk a lot, your words will be twisted in such a way as to be used against you in court. Also if you allow this person into your home, he will most likely find something there to complain about and use against you in court. A sink with 8 dishes needing washing can show up in his report as “a sink full of dirty dishes and a filthy kitchen” which of course would serve to make you look bad to a judge. Therefore, just don’t let these people into your home. You have no idea what an issue a child protective services social worker can make out of a pile of laundry sitting next to your washing machine!

If the complaint the child protective services social worker is there to investigate is that your house is dirty, you can go inside, take a few digital photos, and then go back outside to show her the house is just fine. Or, you can tell her that without a court order there will be no entry into your private home thanks to the Fourth Amendment of the US Constitution. If she’s working with only an anonymous tip, she will not be able to get a court order. If instead, she has credible evidence, she may be able to get one.

Say As Little As Possible

Of course, when you first see child protective services social workers on your doorstep, you want these people to go away and close their case. This will make you want to tell them things to clarify that you are not a danger to your children. Be careful what you say. As any activist will tell you, anything you say can be twisted and used against you!

For example, I thought it was good that my spouse and I were already involved in therapy and a 12-Step group for adult children of alcoholics. However this statement was used against me. It was used as evidence that I had problems and needed “services”. The fact that I was already taking care of my own needs and didn’t need a court order to do these things didn’t help.

Another thing you really shouldn’t tell CPS agents is whether you were once in state custody. When you tell them you were a foster child, first of all they know there’s a file out there with your name in it from which they can pull documents to use as “evidence” against you. In my case, most of the paperwork in our thick file was pulled from my spouse’s very thick state custody file. They claimed they had evidence that he was violent from the time he was in kindergarten and they were prepared to use that juvenile file against us, even though he had never harmed our child. Second, if you tell them you were a foster child, it marks you as a victim and makes them think you can be victimized more. Former foster children have their children detained at a rate much higher than most, so just be on the safe side and don’t mention that fact if it pertains to you. It really is none of their business. You should not open your mouth to help them make a case against you.

It is also not wise to tell them something like, “I am not an abuser – I should know what that is – I was abused as a child.” What this says to them is that you were abused therefore you are likely to be an abuser. Believe me, no matter what terrible situation you went through as a child, it is better not to mention that to a social worker. They will not feel so sorry for you that they will just go away. No, it doesn’t work that way. They are looking for bad things to say about you to pad their caseworker report when they present it to a judge.

Yet another thing you shouldn’t say is whether your child was detained in the past. A history of child protective services interference in your family tells a caseworker you are on their hit list. If you have ever had a child taken from you by Termination of Parental Rights (TPR) move to another state or better yet, out of the country, and keep it a secret! There is a 1996 law (ASFA – the Adoptions and Safe Families Act) that gives the child protective services agents the right to take away all future children if you ever had a TPR in the past. If this law is used against you, there will be no reunification plan, no “reasonable efforts” to keep your family together, and most likely no visitation.

Another thing to beware of: they may ask you for referrals to people to help prove your fitness to parent. For example, I was asked for my ex-husband’s phone number. Thinking he would give me a good referral, I complied. As it turned out, he was told that making a statement against me would help him keep custody of our children. The most damaging “evidence” they got against me were false statements signed by this ex-husband and his girlfriend, who had only met me briefly once and had never been in my home! This woman had the gall to make a twelve page false statement typed on legal paper regarding my parenting abilities! She called it an “affidavit” but did not sign it under penalty of perjury, and for good reason! Therefore I advise that you NOT give them “leads” to your friends, family, ex-spouses, therapists, doctors, etc. They are just looking for “evidence” against you and they are experts at coercing this sort of evidence from people who know you. Make them find their own evidence — don’t help them find or make contacts!

So, if CPS agents are at your door, stand firm and say as little as you possibly can! If you feel they are making a case against you anyhow, get an attorney to help you through an interview in your attorney’s office.

Don’t Trust CPS Social Workers

In other words, know the enemy. Know who child protective services workers are. I used to work with child protective services workers in the Dept. of Public Social Services, Visalia, California, so I think I’m in a position to tell you what these government agents are like, though I’ve never been one. (I was a welfare eligibility worker.) The typical child protective services social worker is there for one reason: to have a job to pay his/her bills. This worker cannot afford to lose the job, so s/he will do whatever the supervisor says in order to maintain employment.

Now, if this child protective services social worker is put into a unit assigned to go investigate referrals and to make decisions regarding detainment of children, then naturally this person would be suspect if s/he never detained a kid! In order to maintain employment, this child protective services social worker will have to take a certain number of children into custody… therefore when they are at your home, they are thinking to themselves, “what can I find out about this family to build a case aimed at taking their kid?” They must have a case to take into court, and they are there, looking for evidence.

Even if they seem nice and harmless, remember, this is how child protective services makes money. To keep their jobs, they must take away children from their families. They are wolves in sheep’s clothing. They come to your door saying, “I’m just here to help.” The next thing you know, your children are in state custody and you are in court trying to prove your innocence. Remember, even if you like the person, behind every pleasant personality is a need to keep the child protective services social worker job. Behind every seemingly nice caseworker there is a more experienced child protective services supervisor who may tell your caseworker to “find something” to use to detain your child. You would not believe some of the idiotic allegations I have seen in caseworker reports… but if they can get a judge to rubber stamp their side of the story, they can get away with keeping your children in state custody. Don’t trust these people!

Service Plans

You need to understand that child protective services funding is closely tied in with “service providers”. It is likely that the social worker will offer some kind of deal, saying you can keep your kid if you agree to “services” like psychological testing, drug testing, therapy, etc. What this offer really means is that they don’t have enough evidence to take your child into their custody, but if you will just go to their “service providers” they may get the “evidence” they need through these “service provider” reports.

Say, for example, you are accused of drug use. They want you to go to a drug testing service to prove your innocence. You say, “Okay, I’m not a drug user, I’ll go”. But then you find yourself facing false-positive results … or if you miss an appointment, you are told that will count as a positive drug test. Your life is being severely interfered with because you have to go to scheduled appointments, miss work, make special child care arrangements, etc. Believe me, all this is not a “service” to you, no matter what they call it! It is only a way for child protective services social workers to try to get “evidence” against you so they can take your children away.

What I recommend based on what I’d do in similar circumstances: Do NOT sign their plans. Do NOT admit to anything. Force them to PROVE their cases in court, in a FULL TRIAL. Don’t accept just a hearing where you are coerced to sign guilty to the charges. They will try every trick in the book to get you to agree to their sick “service plans”. Stand firm and just say “no” when they ask you to sign your legal rights away.

Just Say “NO” To Private Interviews With Your Child

The CPS agents will want to talk to your child alone. Just say “NO”. Tell the agents that your child has the right to have an attorney present, and that if he insists on an interview then you and the attorney will be present and the interview will be recorded, preferably on videotape. Of course, if your child is attending a public school, you probably won’t get a chance to say “no”. What would happen is that the social worker would go to the school and, behind your back, get permission to talk with your children from the school employees. You can tell the school ahead of time (in writing) that you don’t permit such interviews, or anything other than basic education activities, however you cannot trust school employees to go by your wishes. It might help to ask your attorney to write a letter to the school forbidding interviews with CPS workers. Keep in mind that the public schools are one of the major sources of CPS referrals. I have heard that caseworkers complain that public school employees actually want more child detentions than CPS agents do!

My advice is not to trust the schools, and to homeschool if possible. I am a big homeschooling advocate because I believe it is best for kids, and one of these days I will write a page about that too… but in the meantime, just keep in mind that it is hard to say “no” to interviews if your child’s school will say “yes”.

Already the government puts child protective services social workers into public schools to look for target children. Eventually this may be the case in every public school. I think this is a good place for me to mention that I support the separation of school and state. Please check it out.

Be sure your children know that they have the right to say, “I don’t want to be interviewed without my parents and an attorney and a tape recorder present.” Child protective services social workers will not tell your child that s/he has the right to say that. If there is still time, you must be the one to train your child how to deal with government agents. Be sure your child knows the consequences of child protective services interviews. If anyone is detained, it is the child. If they say the wrong thing, they can be taken into custody and removed, possibly permanently, from parents, siblings, friends, their home town, their pets, and everything else they hold dear in life! They will be traumatized by that separation, and probably put on harmful adult psychotropic drugs to deal with the separation. See: Drugging Foster Children.

If they complain too much about being incarcerated in state custody homes, they may be put into mental hospitals, or placed in restraints, which are known to be deadly. “Teach your children well,” as the old song goes. We live in perilous times. We owe it to our children to help them learn to deal with government agents that may harm them. Remember, children are eight to ten times more at risk of abuse in foster and group homes, so we are not over-reacting in teaching our children these self-protective measures.

Advance Preparation

I’ve suggested that you keep the following things on hand: a tape recorder, blank tape, video camera, spiral-bound notebook, and a file folder marked “Child Welfare Agents”. If you have time to prepare for a visit before it happens, you are very lucky. Most people don’t take the threat of government interference in their lives seriously — until after it happens to them.

To prepare, I suggest the following items be printed out from the internet and placed in your folder: your state and federal laws regarding child welfare services; court cases that insure your rights; the Bill of Rights, newspaper articles and statistics showing that children are not safe in state custody homes. Be prepared to show these things to the social worker that comes to your door, and question them about the wisdom of taking children into state custody where they are eight to ten times more at risk of abuse.

If they want to take your kids, question them about the “reasonable efforts” requirement to keep families together, and about what “pre-placement preventative services” they are offering. If they want your child, ask about what “imminent danger” exists. Let them know that you know the laws!

For example, if they claim something happened on Monday to your child but they show up on Friday afternoon to pick your child up, you should be telling these social workers that obviously no “imminent danger” exists or they would have acted on the report right away! If you don’t stand firm and point out their mistakes, they will walk all over you and violate their own laws in many different ways. Yes, your child still might be detained, but if you show them you know their laws and can speak their lingo, they will think twice before choosing you as a new client.

In addition to the paperwork detailed above, keep on hand in this “Child Welfare Agents” file your pediatrician’s doctor reports showing that your child is healthy. Every time your child sees a physician, request in writing that the full report be sent to you. You should not give these reports to a CPS agent, but you can let him know you have evidence showing that you are a good parent, not an abuser. Flash the papers before his/her face, don’t hand them over to be read… these are your own valuable documents and you don’t need to share or tell the worker who the child’s doctor is. Let the worker find evidence on his/her own. Don’t help a CPS agent try to build a case against you.

The point of having this folder is to let the social worker know that you know the laws and you are prepared to defend yourself! You are not going to share your “evidence” with a social worker. They have no right to it unless the case goes to court, and then you share it with your attorney only – or if you’re representing yourself, you can enter items like pediatrician reports into the court records as evidence.

Coercion

Be prepared to face coercion, even from your own court appointed attorney. Just like many others, I too was told by my county attorney that I could take my child home that day if I would just sign guilty to the charges, and I was so desperate to get my baby, I signed. Thousands of us have done that. Believe me, it is better to say “No – I want a full trial – you must prove your charges!” If you give in to the coercion, you will be jumping through their “service plan” hoops for months to come. If you go through with a trial, there’s a possibility you will win your freedom from this government interference in your family’s life.

If you go through a trial, and your child is adjudged a state ward, and you are court-ordered to complete a “service plan” or “reunification plan,” then of course you should do your best to complete every part of it before the next court hearing. This plan will most likely include psychological testing and counseling — that is a standard waste of taxpayer money. If the social workers want to court order you to anything that does not apply to your case, you should insist that your attorney fight this requirement in court. For example, if they want you to go to drug testing despite the fact that you are not a drug user and they have no evidence that you might be, then fight it! After the court hearing, if social workers try to force you into “services” that are not in the court-ordered plan you can refuse to cooperate. You are only required to do things that the judge has ordered. You should document all such illegal requests for additional services that haven’t been required by a judge. You can request a state administrative hearing from the state social services department to discuss these requests with an Administrative Law Judge.

Likewise you may find that child protective services social workers are trying to delay setting up services that are court ordered. You must document your repeated requests for such services and the excuses the child protective services social workers give for delaying the start of such services. Child protective services agents have been known to delay services so that your case will last longer. If your child is in state custody for 15 months, your parental rights can be terminated on that basis alone. Your goal will be to get your child returned at the next court hearing, so don’t allow delays!

Here’s the link to an article I wrote about child welfare investigations and your rights:
Investigations v. Rights

What Others Recommend

• Ten Tips When the Social Worker is at Your Door – from a former law enforcement agent in Ohio. Great information!
• I Need Help Fighting CPS Now – good advice at the site of the American Family Rights Association.
• Taking Over Your Case – defending yourself Sui Juris in juvenile court… great article with practical advice.
• Your Constitutional Rights: Use Them Or Lose Them – learn more about your Constitutional Rights before its too late!
• Responding to a Visit from Children’s Protective Services – by Linda J. Conrad, an attorney who works with the HomeSchool Association of California.
• If You’re the Subject of a DCYF Investigation – attorney Paula Werme’s advice on what to do when a child welfare investigation begins.
• Parents victimized by children’s protective services – good notes on cases built on unconstitutional religious prejudices.
• What To Do If DSS Comes to Your Door – suggestions from a Massachusetts attorney, Gregory A. Hession.
• Dont’s and Do’s When Falsely Accused – this was written by a friend of mine back in 1995.
• Save Your Children – click on “When they knock” for some good information.
• Answering the CPS (Child Protective Services) Questions – suggestions from a Virginia homeschooling site.

This week I received email with links to a series of news articles written by Barbara Hollingsworth about CPS injustice. She’s looking for cases in and around Washington DC, to profile them in future news articles.

Here are her article links:

Victims claim CPS officials guilty of ‘ruthless behavior – examples of CPS injustice from around the USA.

Is it child protection or legal kidnapping? – how CPS works, and how innocent parents can be accused of wrongdoing.

Bureaucrats running down the clock against parents – this is about ASFA, the Orwellian law passed in 1996 that allows CPS to terminate parental rights after keeping a child in foster care for only 15 months. This has encouraged the CPS tactic of delaying reunifications until the time limit is reached so they can adopt out children even if the parents are adequate and have done everything required. This law also gives states bonus money for each child adopted out.

ASFA = “The Adoptions and Safe Families Act” – ostensibly written to keep children from having to live in long term foster care, by encouraging adoptions. In practice it has encouraged states to rip apart young families to get the babies because they are most easily adopted out. Older “hard to adopt” children are featured on meat-market type websites where people can look through to see if they want any featured children. The states get thousands of dollars for each adoption, from the federal treasury. “Child collectors”… aka Adopters… get thousands of dollars in adoption subsidy payments. Social workers get jobs since they are the front-line in taking children from their families. It is a win-win situation for everyone except parents and children who are used, abused, and traumatized for life by this pathetic rush for money by greedy systemites.

I know many of you don’t use drugs and this post doesn’t apply to you. This article is an appeal to people who think they can use drugs and be parents at the same time.

You never know how CPS agents will handle drug use. Sometimes they ignore it. Usually they’ll remove a child from the home even for suspected drug use. Sometimes drug-addicted parents can go through rehabilitation and get their children back. Sometimes they go through rehabilitation and still don’t get their children back. I find that the only consistent thing about CPS cases is that they are inconsistent.

If you are a parent and think it is okay to use drugs, even “just marijuana” – please consider this. Suppose that God is looking down on us and compassionately thinks marijuana use is okay. Suppose He put the plant here to be enjoyed, and in His sight you are not doing a bad thing.

However all around you there are people who think marijuana use is not okay. They are trained to report your drug use to CPS, and CPS agents are trained to consider your drug use as a form of child neglect. They think that if you’re using drugs of any kind, even just marijuana, you are not able to concentrate on watching your children. They think you spend your money on drugs rather than on your children. So you are on their list of people to take children away from.

In this scenario, it doesn’t matter what God thinks of you if the CPS worker is here on earth to take children away, and chooses yours.

I’m not saying that I think God approves of drugs. I’m just saying that if you think it is okay, then that’s your decision, for yourself. But once you have children to take care of, you’re responsible for them and if you know that CPS agents are looking for drug users to take children away from, you’re risking your children’s well-being and your own, because being in a CPS case is one of the most devastating things you can go through in life.

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Another type of drug use is that of CPS victim parents who are terribly depressed, confused, traumatized, lost without their children, and miserable. The temptation to turn to drugs during the course of a CPS case is very common. I know of way too many parents who could have had their children back, but instead went out and smoked marijuana during the course of the case… and somehow their CPS agent social workers found out and told the judge. Those children were adopted out to strangers.

Please don’t let this happen to you! If you’re a CPS victim parent, don’t give in to the temptation to use drugs no matter how miserable and depressed you are. This is the worst time ever to start using drugs of any kind, including cigarettes. Don’t do anything the CPS agents can use against you. It simply isn’t worth it.

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While I’m on the subject of drugs – let me tell you how I feel about CPS cases where the parents have lost their children due to drug use. First of all, I feel that drug use while parenting is foolhardy given the current laws in which children are taken away for that reason. But when a parent for some reason doesn’t realize that and doesn’t quit for the well-being of their children, if their children are taken, I do feel some sympathy for them. I want all parents to quit using drugs so they can keep their children. I want parents with children in CPS custody to rehabilitate themselves. I want families to be reunited.

No matter what, I believe it is wrong to adopt out the children of the living. I feel better about legal guardianships than I do about adoptions. I believe it is wrong to tell children to call someone else “Mom” or “Dad”… to tell them they have new “parents”. I believe that children have one set of parents and to tell them someone else took their place is like telling them it is okay to lie about who their real parents are.

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If you’re a parent, don’t use drugs unless a doctor prescribes them. If your doctor prescribes medical marijuana, find out if CPS workers in your state take children from medical marijuana users before deciding to use it. If you’re not a parent, I have nothing to say about whether you’re using drugs or not. Everyone makes their own decisions and I’m a “live and let live” kind of person. But when you have children at home – your first responsibility is to them. Doing something that could get them taken away from you by CPS is not a good idea.

I have owned this site for more than seven years. Before that I did what I could as an anti-CPS activist for ten years, including writing scathing articles about CPS that were published in newspapers. I’ve been publicly known as an activist in this field for about 18 years now, and even though I’ve had my own children living in my home all that time, they were never removed from my custody again.

I want to tell you why.

The main reason why my children were never removed from my home again is that I lived an impeccably straight and upright kind of existence. I lived for my children. I didn’t use drugs, didn’t drink to excess, didn’t do anything that could be construed as abusive. The other reason why my children were never removed from my home was that I was extremely lucky. As most of you know, if a CPS agent really wants to take your child, they can make things up, twist the truth to make you look wicked, or any number of tricks. I was disturbed that a local CPS agent came to my door several times during the last seven years, but despite his apparent interest in me due to my outspoken opinions and this website, he never had a reason to detain my children.

All I am asking, with this article, is to PLEASE not give CPS workers any reasons to take or keep your children. Drugs, whether good or bad, are a reason, so please turn away from the drug using lifestyle if that is how you’ve been living. Cure yourself with that wonderful, amazing will-power deep within you. It is right there in your heart, right next to your love for your children. Cure yourself and be free, and know that you’re doing the right thing for yourself and for your kids.

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Written by Linda Martin for Fight CPS.

I really don’t like to read stories like this.

Last Friday a couple felt compelled to leave a hospital in Michigan with their newborn infant because CPS social workers in Saginaw asked Lucas County CPS social workers to interview them.

If I remember right, CPS in Michigan is called FIA – the Family Independence Agency – or have they changed their name again?

My feelings are always so divided when I read about things like this. I scanned the article for clues to what led this couple to make this life-changing decision.

The results so far: The couple and baby are on the run. CPS now has legal custody of the baby according to a Toledo police sergeant, William Wauford, though before they left CPS had tried to get a court order and failed. And there are warrants out for the arrest of Fredrick and Margaret Badenhoop.

Why my feelings are divided:

I never advise parents to run with their children because I know, over the years, that in most cases where this happened, the parents were apprehended and the children ended up in foster homes anyhow. Plus I have a policy of never advising a parent to do something illegal, or something that would get them in worse trouble with the law. I believe that staying firm and fighting CPS in a court of law is a better choice. But this may be one of those cases where it wouldn’t have worked to do so. At the end of the article it says, “Child Protective Services had taken at least one other child from Margaret Badenhoop.”

According to a law passed in 1996, the Adoptions and Safe Families Act (ASFA), if anyone has had their rights to another child terminated, CPS can take future babies without benefits of any kind of service plan or visitations. This can lead to incredibly cruel and heartrending scenes in hospitals where CPS worker have walked in and pulled infants from the arms of loving mothers, for no reason except that another child was already taken.

I swear I cannot help but hate social workers who allow themselves to be the agents of such cruelty. Why on earth would anyone want the bad karma associated with someone who would do such a deed?

I don’t know what the issues are with the Badenhoops, or what their motivation was, but I do know that their problems are severe and they need all the prayers we can give them and their child.

I really, really don’t like it when things like this happen. My heart hurts so much for the people involved.

Source: Parents take their baby, flee hospital, face charges by Lania Coleman for The Saginaw News published on July 23, 2007.

This lawsuit dated May 31, 2007 is against the Los Angeles County Department of Social Services. It alleges fraud, violation of kinship care rights, and loss of family love and support. It was filed by a former foster child and adoptive child.

Thanks to the person who sent this via email.

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LAW FIRM, APC
Attorneys for Plaintiff: ELIZABETH J. BRUCE AKA ELIZABETH J. ALLDRIDGE

ELIZABETH J. BRUCE AKA ELIZABETH J. ALLDRIDGE,

Plaintiff,

vs.

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES, and DOES 1 through 20, Inclusive,

Defendants,

CASE NO.

TO ALL PARTIES HEREIN AND THEIR COUNSEL OF RECORD

Plaintiff, ELIZABETH J. BRUCE, aka, ELIZABETH J. ALLDRIDGE, alleges as follows:

1. Plaintiff, ELIZABETH J. BRUCE, aka, ELIZABETH J. ALLDRIDGE (Date of Birth: April 17, 1972) is currently a resident of Clark County, Nevada, who lawfully changed her last name on March 8, 2007, from Alldridge to Bruce as part of her divorce decree. At all times pertinent hereto Plaintiff was a dependent of the Juvenile Court, County of Los Angeles, pursuant to Welfare & Institutions Code §300(b) (and all predecessor statutes) and related California Regulations, subject to the control and authority of the County of Los Angeles Department of Public Social Services and related divisions or departments, including but not limited to what was known as the Department of Adoptions (hereinafter referred to as “Defendant DPSS”), throughout all proceeds related to or stemming from Plaintiff’s foster care and adoption.

2. Defendant DPSS was at all times pertinent hereto a department of a public entity created and existing under the laws of the State of California, with authority over children such as plaintiff.

3. The true and complete names of DOES 1 through 20 whether individual, corporate, associate, or otherwise are unknown to plaintiff who therefore sues said defendants by such fictitious names. At this time plaintiff does not have knowledge of all aspects of the claims set forth herein. Plaintiff will seek leave of Court to amend this Complaint to identify each Doe defendant’s name and capacity when same have been ascertained.

4. At all times herein mentioned, each defendant was acting through authorized employees or other agents, and was the agent, authorized representative, employee, or otherwise acting on behalf of each of the remaining defendants. In doing the things hereinafter mentioned, each defendant was acting within the course and scope of his or her employment, representation, and authority with the knowledge and consent of each remaining defendant.

5. The conduct of each defendant as alleged herein combined, cooperated, and contributed to the conduct of each other defendant such as to cause the herein described incidents, injuries, and events.

6. Plaintiff’s first suspension of any claim against Defendant DPSS occurred in late February 2006 or most likely in early March 2006 during a face to face meeting with Ms. Betty Anderson, a former aid of Assemblyperson Karen Bass, 47th Assembly District. Plaintiff sought Ms. Anderson’s assistance to acquire her Los Angeles County Department of Social Services records related to her foster care and eventual adoption. Plaintiff sought these records as part of her effort to find her biological mother (her biological father Donald Bruce died on February 26, 1974), and to acquire all available medical information related to both biological parents not only for herself, but more particularly for her children (her eldest son has suffered his entire life from Hydrocephalus.) During Plaintiff’s meeting with Ms. Betty Anderson, the Court records she was able to acquire from the Los Angeles County Juvenile Court concerning her adoption (all prior attempts to acquire DPSS social worker records were refused and/or denied) were discussed and reviewed. Ms. Betty Anderson pointed out to Plaintiff that it appeared the 1975 signature of her biological mother relinquishing all custody and control of Plaintiff when compared to signatures from Plaintiff’s biological mother’s criminal records appeared to be the signatures of different individuals. At this moment Plaintiff for the first time suspected that there may have been some violation of Defendant DPSS’s duties. Up until this meeting with Ms. Betty Anderson, Plaintiff was not looking for and had no suspicion or knowledge whatsoever of any type of a claim or injury related to any conduct of Defendant DPSS, as her motivation for acquiring records from Defendant DPSS was to find her mother and to find out all potential medical information she could.

7. On August 22, 2006, Plaintiff timely served by mail a Governmental Claim for Damages to Person or Property on Defendant DPSS pursuant to Government Code §911.2 (Exhibit A attached hereto). Defendant DPSS denied this claim in writing by mail on December 1, 2006. This suit is being filed within six (6) months of Defendant DPSS rejection of Plaintiff’s claim.

8. Plaintiff is the biological daughter of Brenda Joan Allen and Donald MacKenzie Bruce. In or about July 1973 Defendant DPSS initiated proceedings under Welfare and Institutions Code §300 et seq. (or their predecessor statutes), and eventually acquired physical and legal custody of Plaintiff. Defendant DPSS was under a mandatory duty to acquire either a Court ruling of involuntary relinquishment of custody by Plaintiff’s biological mother or acquire the signature of Plaintiff’s biological mother on a “RELINQUISHMENT (Out of County)” County of Los Angeles Department of Adoptions form before placing Plaintiff up for adoption. Defendant DPSS acquired neither. Plaintiff alleges on information and belief Defendant DPSS falsified, forged, or otherwise misrepresented the signature of Plaintiff’s biological mother Brenda Joan Allen on August 26, 1975, on a “Relinquishment (Out of County)” form in violation of its mandatory duties order to expedite adoption.

9. On September 26, 1975, Plaintiff was placed in the home of Harold Augustus Barlow and Carole Leah Barlow, potential adoptive parents pursuant to a Notice of Adoption. This placement by Defendant DPSS and eventual adoption of Plaintiff by the same adopting parents was in further violation of Defendant DPSS’s mandatory duties in that she was first required to be placed with family members of Plaintiff, who had priority rights to physical and legal custody of Plaintiff over her eventual adoptive parents. Plaintiff’s family was ready, able and willing to assume all physical and legal custody of Plaintiff, to provide for her in all aspects and to provide her with a loving home. Said family members of Plaintiff included, but were not limited to, her paternal grandmother and grandfather who sent Defendant DPSS and others letters repeatedly offering and in all aspects indicating their willingness to take care of their granddaughter in a loving home.

10. As a direct and proximate result of Defendant DPSS’s breach of the foregoing mandatory duties, Plaintiff was placed in foster care of Defendant DPSS and eventually given up for adoption to Harold Augustus Barlow and Carole Leah Barlow. Harold Augustus Barlow died before Plaintiff turned four (4) years of age, and throughout the remaining years of her minority Plaintiff was neglected, abused, and generally ignored by her only remaining foster mother Carole Leah Barlow. As a further direct and proximate result of Defendant DPSS’s breach of the foregoing mandatory duties, Plaintiff suffered personal injury, the loss of care, comfort, love and society of her biological family, suffered severe emotional and personal distress, and continues to suffer personal injury and distress associated with the loss of so many years of family love and support in addition to continuing to suffer the consequences of her life as an unwanted adoptive child.

11. The damages sought herein are in excess of the minimal jurisdictional limits of this Court.

WHEREFORE Plaintiff prays for judgment against Defendant DPSS, and DOES 1 through 20, as follows:

1. General damages in excess of the jurisdictional limits of this Court;

2. All medical, incidental expenses, and special damages according to proof;

3. Loss of earnings and earning capacity according to proof;

4. Costs of suit;

5. Pre-judgment and post-judgment interest; and

6. For such other and further relief as the Court may deem just and proper.

DATED: May 31, 2007 LAW FIRM, APC

BY: ____________________________