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.

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Written by Linda Martin for Fight CPS.

If you’re a single parent, you must see this site. This is a fairly new website advocating for single parents. Site owner Tiffani Howard has applied for non-profit status for One Out of Many, and is actively working to improve the lives of single parents and their children. She has a lot to say about CPS injustice and parental alienation.

I’m particularly encouraged to see this promising site because for years now I’ve been saying that my site is not enough. I am one dedicated person, but this problem of CPS injustice is huge, and victims of false accusations by CPS social workers need lots of help - more than just one person can provide. I want to see as many new websites about CPS as people can make. I want this issue to be prominent all over the internet.

Thanks, Tiffani, for making such a beautiful site, and for working to help single parents who are victimized by CPS.

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Written by Linda Martin for Fight CPS.

I just got an email from Cindy (last name withheld) who subscribed by email to this site’s blog postings. She read my last post - the one about parents and drugs, and had this question, “…Don’t you think it is time that we mandate random drug screening for all CPS workers and contractors?”

That’s so true, Cindy. It is LONG past time. And I believe we can do something about this.

CPS caseworkers and social workers DO need to be tested for drugs. They also need psychological testing. They need to be screened for past legal offenses. They also need to be licensed.

Who agrees with that?

So here’s what we can do. Let’s go to work writing letters to our state legislators asking them to introduce legislation requiring that all CPS employees having any contact with children be investigated for past legal problems, psychologically tested, drug tested regularly, and licensed.

Let’s tell our state legislators that we’ve been victims of bad social workers who should be screened out if they have psychological or drug problems. Any social worker or caseworker that lies in a report to the court is obviously mentally unstable. These people should be weeded out of the social services jobs, just as we wouldn’t want unstable people getting law enforcement jobs.

Tell your state legislators to read the comments on the guestbook pages here on Fight CPS so they can see what a huge problem false accusations are. Nobody tells it better than the hundreds of people who come to this site due to victimization by bad social services agents.

Any suggestions or comments on this writing campaign are welcome.

If you write a letter to your state legislators, you’re welcome to post a copy of it here in the comments section.

Keep it brief and to the point. Your legislators are more likely to read a short letter than one that is many pages long.

LET’S KEEP THE HEAT ON THEM until something is done about this travesty of unstable and incompetent social services caseworkers. Only our state legislators can help us on this one. I’ll remember to bring it up from time to time and hope that many of you will get positive responses from your state legislators that you can share with us.

Is there anyone here capable of drafting sample legislation that we can send to our legislators for consideration? If so, email me at the webmaster link at the bottom of this page.

To find out who your state legislators are, see the Write To Your Legislators page here at Fight CPS. And remember, we’re targeting STATE legislators, not federal.

Write letters - hand written letters will be fine, or type them. Don’t send emails as they are too easily deleted.

Thanks to everyone who takes part in this letter writing campaign.

P.S. - THANKS, CINDY, for the great idea!

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Written by Linda Martin for Fight CPS.

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.

This is the guestbook for May 2008. You’re welcome to tell us about yourself and why you’re here.

This is the place for Fight CPS prayer requests during May 2008. Click the “comments” link below to make a request for prayer.

People who need CPS defense lawyers can post their information here.

Please keep it brief - no more than 500 words.

If you post an email address to be contacted, please post it in this format:
“yourname - at - yourdomain.com” . . . this will prevent spammers from stealing your email address and innundating you with unwanted emails.

Please note: This does not guarantee that anyone will ever contact you. Lawyers are free to scan the postings to this page, and if they are interested in representing you, can contact you directly. This website doesn’t have the manpower to match people with lawyers, and there’s no money here for paying lawyers for you. Also please remember that most lawyers are not interested in doing pro-bono work. You will probably need to agree to some kind of payment obligation to get an attorney to work for you.

I was reading through the comments this morning and noticed Cheryl wrote, “The stress that CPS has caused us is insurmountable.”

That brings back terrifying memories for me, and I’m sure all of you are experiencing the same thing. CPS workers find a family suffering through a difficult time, then figuratively KICK THEM WHILE THEY’RE DOWN, causing an overwhelming amount of added stress, only by this time we should be calling it TRAUMA.

CPS takes a family with a slight instability, then pours on the pain, takes the children, traumatizing them, perhaps for LIFE, and the parents of course are traumatized beyond what words can express.

By the time we parents get done working through a CPS case, we probably all have Post Traumatic Stress Disorder and should be getting SSI payments instead of having to work. I actually know one woman who did apply for SSI on this basis after getting her step-child back. And yes, she got the money.

After everything the American Nation has done to stress us out, traumatize us, and make our lives a living hell, do you think they should PAY? After all, it is the majority of TAX PAYERS who are supporting these demons, turning their back on our suffering from harsh laws and false accusations. Our lawmakers don’t change the laws because MOST AMERICANS DON’T CARE.

Who should pay if we need financial help after our lives are torn to shreds? What are your thoughts on this?

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By the way, when you write your messages here, you don’t have to use your real name. Feel free to make something up as your regular ‘handle’ so you don’t ever have to be one of the people emailing me asking me to remove their names after they made comments here.

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Written by Linda Martin for Fight CPS.

People who need CPS defense lawyers can post their information here.

Please keep it brief - no more than 500 words.

If you post an email address to be contacted, please post it in this format:
“yourname - at - yourdomain.com” . . . this will prevent spammers from stealing your email address and innundating you with unwanted emails.

Please note: This does not guarantee that anyone will ever contact you. Lawyers are free to scan the postings to this page, and if they are interested in representing you, can contact you directly. This website doesn’t have the manpower to match people with lawyers, and there’s no money here for paying lawyers for you. Also please remember that most lawyers are not interested in doing pro-bono work. You will probably need to agree to some kind of payment obligation to get an attorney to work for you.

This is the guestbook for April 2008. You’re welcome to tell us about yourself and why you’re here.