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.

Affidavits – Declarations

Sample Affidavit

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

…

Dawn Robertson of Honk for Kids has lots of work to do in her effort to save children from DCF injustice. Her state, Indiana, has been taking children from their homes far more often than other states. Child detentions in Indiana have risen ten percent while nationwide, detentions dropped four percent since 2004.

In 2007 Indiana’s Department of Child Services (DCS) removed 7712 children from their homes. That was 369 more than in the previous year.

The Associated Press article about the odd statistics quoted Ms. Robertson as saying, “There does not seem to be, with most judges, an independent and unbiased review of all the facts of the cases. It’s very one-sided. DCS’ word is considered gospel.”

The data on Indiana Department of Child Services (DCS) child welfare overzealousness was compiled by the National Coalition for Child Protection Reform. That’s Richard Wexler’s organization. He pointed out there’s no evidence that children are safer in Indiana and said, “When you are seeing no increase in safety but a huge increase in removals, that means your system is getting worse.”

We who are fighting child welfare insanity in whatever state we’re in should get in the habit of reviewing national child abuse and neglect statistics, as Wexler has done. You’ll never know what there is to find unless you look.

Statistical information:

National Child Abuse and Neglect Statistics
Child Abuse and Neglect Fatalities: Statistics and Interventions

Sources:
Report says state removing more kids from homes by Tim Evans, published on November 8, 2008 in the Indiana Star.
Report says state removing more kids from homes, an AP article published on November 8, 2008 in the Chicago Tribune.

I found this press release online today and decided to share it with you. I live in a town dominated by and divided by a tribe. I’ve had people who had to deal with the tribal child welfare agents complain to me about the way they were treated. It used to be that we believed the Indian Child Welfare Act could help some families, but now it seems to be just another way for tribes to make money. I can tell you, the tribe here has been applying for grant money for years; recently receiving over 2 million dollars in grants. It is a huge money-grab, and child welfare money is certainly part of it.

I checked out the site mentioned at the end of the following article and read some heart-breaking stories. One story mentioned that a certain tribe had only 5,000 members, but they held over 1,000 children in foster homes. – LJM

Children’s Lives Destroyed by ICWA, Says CAICW

WASHINGTON, Aug. 29 /PRNewswire-USNewswire/ — Across America, children that have never been near a reservation nor involved in tribal customs are routinely being removed from homes they love and placed with strangers chosen by tribes.

Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children are being negativelyaffected by application of the Indian Child Welfare Act (ICWA).

Over decades, numerous tribal members have married non-members and moved off the reservations. Many chose to leave because they didn’t want their children raised amid the dangers rampant in Indian Country.

However, ICWA authorizes tribal jurisdiction over any child who is a member of a tribe, or eligible for membership and the biological child of a member. Tribal governments determine their own membership and most require only 1/4 blood quantum, The Cherokee Nation of Oklahoma goes further and claims jurisdiction over any child with ancestry tracing back to the Dawes Rolls no matter how minute the blood quantum. Making matters worse, some states have recently passed laws barring courts from considering whether a child or his family have any real connection to the tribe. As a result, the following occurs:

“… it was discovered she (the birthmother) is 1/128th Cherokee. That makes my son 1/256 or .0039% Native American and 99.9961% not…. His mother…was very adamant about the Cherokee Nation NOT raising her child and the court records show this. In April of 2006, we were notified of the Cherokee Nation’s intent to take us to court and remove our son from our home…. Since then, we have been in a constant state of panic….”

Any emotionally healthy child, no matter their heritage, is devastated when taken from home and forced to live with strangers. Even children of 100% tribal heritage are devastated if they’re taken from non-tribal families they love and placed with strangers they know nothing about.

The Christian Alliance for Indian Child Welfare (CAICW) is the only national organization advocating for families who have lost or are at risk of losing children due to misapplied and sometimes illegal application of the ICWA. The CAICW will be at the National Press Club at 12 noon, Tuesday, September 4, 2007, with affected families sharing about this growing problem.

Letters from birth parents, grandparents, foster families, pre-adoptive families, and tribal members themselves can be read at http://www.caicw.org/familystories.html.

icwa indian child welfare act child welfare children