This Fight CPS Legal Document & Information Library has been created within our FightCPS Message Board Forum. In order for the links to work you must be (1) registered, and (2) logged in.

This library contains forms and information on legal procedures. I will add more links as I find them.

Remember:

(1) Do not give CPS any self-incriminatory information on affidavits, declarations, or other legal documents.

(2) All information found at FightCPS is used at your own risk. If possible, consult an attorney for help.

(3) These are just sample documents and links to information. You will need to draft your own documents using whatever details are pertinent to your case.

(4) There’s a lot more information on the message board than I’ve linked to on this page. You can start a search for more legal document information here: Alphabetical Index.

(5) If we don’t have what you need, maybe we can find it, or draft a sample for you. The message board is the place to ask for help finding a legal document sample. You can also request feedback on your case.

Declarations

Sample Declaration

Objections and Corrections to the Report of the Social Worker

Appeals – Declarations

Sample Appellant Brief

Briefs

Appellant Brief – Sample

Legal Briefs in Child Welfare

Civil Rights

Petition For Removal of Case to Federal Court

Indian Child Welfare Act

ICWA is a disaster for many families

Class Action Lawsuits

Class Action Lawsuits – News and Links to Sample Documents

Judicial Opinions

How To Read A Judicial Opinion

Appeal re: Motion to File a Belated Appeal After TPR

Non-custodial parents’ rights

The county is not immune from federal civil rights lawsuits

Judicial Opinions on Appeals From Termination of Parental Rights (TPR) Hearings

What constitutes ‘Imminent Danger’?

Kinship Care

How to Get Grandparent Custody

Lawyers

The Agenda of Court Appointed Attorneys

Motions

Motion Bank

Motion For A New Trial

Motion To Strike

Sample Court Form For Motions

Motion to Suppress Anticipated Hearsay Testimony

Notice of Intent to Sue

Notice of Intent to Sue

Objections

Essential Objections Checklist

Request for Case File

Request for Production of Documents

Suing – False Reports

Suing Those Who Make False Reports to CPS

Writ of Habeus Corpus

How to Write a Writ of Habeus Corpus

…

Two child protective services social workers, an attorney, and five law enforcement officers were sued in 2006 for coercing an Arizona homeschool family to allow unlawful entry into their home, in violation of the Fourth Amendment of the US Constitution. The lawsuit is ongoing; this week a judge denied the state’s motion for summary judgment, so now it will be up to a jury to decide whether entry into the Loudermilk home was coerced and unconstitutional.

It started when someone phoned an anonymous tip to a child protective services hotline stating that the new home wasn’t fit for children to live in. Six weeks later two CPS social workers showed up at the door to investigate with two sheriff’s deputies. Entry was denied, and more law enforcement officers arrived on the scene. The family was told their children would be removed if they didn’t allow entry.

They were on the phone with Home School Legal Defense Association (HSLDA) attorney Thomas Schmidt, who advised them to refuse entry. HSLDA wrote, “After an escalating confrontation at the front door that lasted 40 minutes, the social workers, backed by no fewer than four deputies, threatened to take the Loudermilks’ children into custody and place them in foster care if the Loudermilks continued to deny them entry into their home.” (Source)

Assistant Attorney General Julie Rhodes was also on the phone, and she repeated the threat to the HSLDA attorney. Big Mistake, Julie!!!

Under duress, the illegal, unconstitutional entry was allowed. Within five minutes the CPS social workers realized they’d received a false tip, and left. They were probably unwilling to continue with the case because they didn’t want to bother with victimizing parents who had an attorney on the phone! Too much work!

The Loudermilk family consented to the lawsuit filed on their behalf by HSLDA attorneys.

HSLDA has a track record of helping homeschooling families (who have purchased memberships) with CPS related legal problems. In 1995 a similar case was heard in the Federal Court of Appeals, Calabretta v. Floyd. This landmark case ruled that in the 9th Circuit (US Western states) social workers cannot violate the Fourth Amendment. This was already binding case law in Arizona and other Western states when the Arizona caseworkers coerced their way into the Loudermilk home on March 9, 2005.

How many other people does this still happen to? Probably thousands – who are unaware of the laws, and who don’t have a homeschooling attorney to call on the phone. This practice of coercion is totally illegal, immoral, and a violation of a standing court order in Arizona, California, and other Western states.

Here are the rulings from Calabretta v. Floyd as found on the HSLDA website: (1) “…unless there is evidence of an emergency, a social worker and police officer investigating a report of child abuse must have a warrant…” and (2) “…reasonable expectation of privacy of individuals in their homes includes the interests of both parents and children in not having government officials coerce entry in violation of the Fourth Amendment and humiliate parents in front of the children.”

Apparently child protective services social workers in Arizona forgot Calabretta v. Floyd, or perhaps this constitutional violation and coercion technique is still standard operating procedure in many of our counties. Perhaps it is time for these lawless, immoral and/or forgetful government agents to get their hands slapped again.

Source: Judge says threats to confiscate children may be coercion; Homeschool family’s case against sheriff’s office, social services advanced by Bob Unruh, published April 4, 2010 at the World Net Daily website.

California residents:

I received this in email this morning, and reviewed the letter. You may be able to help parents undergoing termination of parental rights hearings:

If you are a California resident, please email me at:
aleo966 at yahoo.com

A Petition for Review is being sent to the CA Supreme Court. This is part of a legal process and therefore they are required to read it. It is not an online petition. If they grant this review there could be new case law that will help anyone in dependency proceedings in California or anyone who enters it in the future.

You will be asked to sign a letter which I will email to you. You must provide your name and address below the signature. The letter will be mailed to the CA Supreme Court and 5 copies will go to: the Appeals court, the superior court, county counsel, and others.

This letter must be signed and mailed in the next 30 days or so. The sooner you respond to me the better. I cannot post this letter online because I don’t want just anyone to send it or rewrite it. That could cause more harm than good.

So please email me ASAP and I will forward you the letter.

Thanks,
aleo966 at yahoo.com

Received today from Greg Smart:

Hi everyone,

I want to find people who can join me in a peaceful demonstration in front of the Court of Appeals on Wed 2.25,09 at 7:45am – we need to be there before the judges get there.

I would even go so far as to ask you folks to demonstrate with me on Thurs, and Fri as well of that week to make our point clear.

Please inform others who would be interested.

I ask that anyone willing to do this, bring their own signs and confirm by emailing me back, as I need to know how many if any will show up. Email: cpsvictim@gmail.com

The address is 925 N. Spurgeon street, Santa Ana 92701,The courthouse looks like a big house, the street is easy to miss. When you goon Santa Ana Blvd. it is only about 0.7 miles (check mapquest), and if you hit Main street, you have gone too far. Turn right on Spurgeon and it is on the right hand side – looks like a house with a flag. The judges will have to see us because there is no other access to the bldg.

I suggest signs that refer to parental rights, such as:

“Parental rights termination in CA are unconstitutional”

“We will take this up to the US supreme court”

“let our children go”

“DCFS are crooked”

“Dependency proceedings are a joke”

“The Courts are affirming the kidnapping”

etc.

Thanks for you help.

–
Greg Smart
Co-Founder
No more Family InJustice
(858) 568-5576
cpsvictim@gmail.com

This was originally posted here.

By aleo966 at yahoo.com:

I would like to organize a rally similar to the one on Nov 25. I am in Los Angeles. We should target the Appeals courts.

Here are 2 locations I propose for a rally:
Ronald Reagan State Building
300 So. Spring St. 2nd Floor
Los Angeles, CA 90013

and

925 N. Spurgeon Street
Santa Ana, California 92701-3724

I need to get feedback regarding who can attend during the month of January and which dates. We should try to rally there daily.

In 2003, most of Albertsons and Vons Employees demonstrated daily for months in front of their local stores and refused to go back to work. They were fighting for higher wages and their pension funds. They were only fighting over money, and not for their children’s lives, and yet they were willing to stand out for hours in the cold and give up their jobs until they got what they wanted. And they did!

I can’t imagine why the people who are complaining all over the internet and on this site are not out there with a sign in front of the court houses, the State Capitol or even the Judicial Council.

We should organize this to attract media attention and do it all over the country.

Anyone interested for Los Angeles and Orange County, please email me at aleo966@yahoo.com. Include the dates in JAN 2009 you can attend and whether LA or OC location and how many of you will be there.

You should make your own banners.
Suggestions are welcome.

I would like to have daily demonstrations from Jan 15 til at least Jan 31. Others should organize their own rallies around the same time.

Complaining on this site will get you nowhere, so pick yourself up and go out and do something!