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.
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 The law that started this, CAPTA, must be repealed.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.
Anthony and Lisa Demaree lost their children to CPS agents after a clerk at Walmart reported that they had bath-time photos developed there. CPS didn’t accept that the photos were innocent. The parents were charged with child sexual maltreatment of their children. Apparently they requested a trial and fought the charges because their children were returned after only a month. The judge agreed that the pictures were harmless.
Unfortunately a lot of damage was done by that time. Lisa Demaree was suspended from her job at a school for a year, and they’re both now on the Arizona list of sex offenders.
They’re fighting back with a lawsuit against Walmart and the city of Peoria, Arizona.
I like this video because it show two people who have probably never had CPS problems… and they see how CPS has totally overstepped its bounds. The public is realizing that CPS is taking children that have never been abused.
I know several of you have important petitions out there now and I hope you’ll mention them (with links) in the comments to this post. Here’s one I found out about in email tonight. This one is from the Wheatons - the couple organizing a class action lawsuit. - ljm
Petition to CPS/DPSS - CLASS ACTION LAWSUIT (RIVERSIDE, CA) FOR KIDNAPPING OUR CHILDREN WITHOUT CAUSE
“We are organizing a class action lawsuit against the County of Riverside, the State of California, all states, and the Nation, and all parties involved in unlawfully detaining and holding our children against our will, and without cause. We have documented the deep, imbedded corruption in the social services agencies nationwide. We have filed three lawsuits so far, and are looking for other families who have also been annihilated by this evil.Email us at FightCPScalifornia@gmail.com or go to the link at http://www.fightcps.com/ to join the fight to save our children.”
(The name was coined using the first name initials of our combined 4 children that are currently “in the system - Nele, Fale, Ian, Jack)
We are holding a protest rally on December 23rd 2008 at the following location
San Diego Juvenile Court
2851 Meadowlark Dr.
San Diego CA 92123
8:00 AM - 10:00 AM
If you could help us get the word out it would be appreciated.
We need numbers to get the media attention required to make a difference. We also ask that people bring signs, we will have fliers and pamphlets to pass out at the event.
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!
A Dearborn, Michigan mother, Elena Andron, 32, asked for help from social services when she lost her job. She asked that the state help take care of her quadriplegic nine-year-old son, Johnny Dragomir. Unfortunately Johnny starved to death in the Monroe Foster Home in Detroit; owner Mildred Monroe, a registered nurse and dietician, apparently didn’t feed him enough and he died of malnutrition.
Elena Andron has filed suit against the the foster care home and others, asking $30 million in damages.
Andron stated in her lawsuit that when she became concerned about her son’s health she was denied access to him. When he entered foster care he weighed 80 pounds, and when he died, he weighed only 48 pounds. His school teacher didn’t notice any “red flags” and the foster home still has an active license.
This is from activists who are planning a CPS/DPSS class action lawsuit against Riverside County and the State of California for kidnapping children without cause:
We are organizing a class action lawsuit against the State of California, and all parties involved in unlawfully detaining and holding our children against our will, and without cause. We have documented the deep, embedded corruption in the “social services” agencies in California, specifically in Riverside County, conspiring with hospitals, schools, pediatricians and the court system to take possession of our children, without cause. We have already filed three lawsuits, and are looking for other families who have also been annihilated by this Evil. For information about the class action lawsuit, email us with your facts and contact information to build a strong case against these Devils. IF YOU FEEL YOU HAVE BEEN WRONGLY TAKEN ADVANTAGE OF BY CPS, EMAIL US AT fightcpscalifornia -at- gmail.com.
These are the reasons you should be part of this lawsuit:
· CPS manufactures multiple nonexistent/fictitious abuse case scenarios to offset true statistical abuse case information.
· CPS concurrently processes these children from foster care to Adoption, in order to obtain perverse monetary incentives in the form of bonuses.
· CPS provides a market to neighboring agencies and the courts (Judges, psychologists, visitation monitors, court mandated behavioral class instructors, court appointed legal counsel, etc…), in order for them to financially benefit from the foster care/adoption system they themselves perpetuate.
· CPS victimizes innocent families, and draws them into a corrupt system to utilize their children as pawns for this corrupt child commerce.
· CPS is utilized by family court officials and attorneys as an adverse tool to extricate children from one parent to the other, with reference to “parental alienation syndrome,” where in truth, the CPS caseworkers are the ones initiating the alienation of these children from their own birth parents. Caseworkers are never allowed to testify in court under the cloak of “CPS Authority” due to possible misuse or conflict of interest related to right to privacy laws (Very convenient)
· CPS utilizes unlawful & coercive measures to persuade vulnerable parents to submit to statements of nonexistent abuse and false “Case Plans,” forcing desperate parents to “plea bargain” to a CPS fabricated crime, for the return of their children from foster care.
· CPS fabricates false allegations and most of their “investigations” to purposely mislead or misdirect a case.
· CPS intentionally fails to Criminally prosecute Parents accused of child abuse, since in the majority of cases, no initial crime has been committed. However, CPS continues to claim a crime has been committed, as THEY abuse/neglect our children.
· CPS knowingly abandons children into the foster care system, conscious that some individuals in these homes physically and/or sexually abuse those in their “protective” custody. CPS ignores crimes committed in foster care through failure to investigate.
· CPS fails to question these individuals for their abusive conduct, whereby, if it were a birth parent or not a foster care parent, these individuals would be prosecuted to the fullest extent of the law in criminal court.
· CPS misrepresents themselves in positive personas by omitting, altering, and falsifying documents, so as to mislead the public and or government of their true actions as listed above. Thereby publicly grandstanding,displaying an inaccurate social martyrdom for the well being of children.
The Police should determine if children need protection from their own parents, since child abuse is a Criminal offense.
We dearly know, from our own personal case, the trauma and distress this thwarted government agency imposes (with no consequence) upon innocent families. In January 2008 the law office of Robert Powell won its appeal to the California 9th Circuit Court of Appeals. The case set a precedent by finding that CPS social workers are NOT entitled to absolute immunity for investigator conduct - particularly when they fabricate evidence, misrepresent evidence, and withhold exculpatory evidence. IF YOU FEEL THAT ANY OF THIS APPLIES TO YOUR FAMILY, email us at fightcpscalifornia -at- gmail.com. You can make a difference. Now is the time for action.
Note: This is intended for California residents only. Victims in other states can organize their own class action lawsuits.
A national class action lawsuit will commence after September 10th should the adoption incentive be renewed (S 3038). All damaged persons can participate to include extended family, parents and former foster/adopt children. You do not have to be a party to any case to participate. There will be a request for damages. Interested parties should have a vested interest in the children removed and be able to prove a substantial relationship.
Also of extreme interest, is obtaining names/phone/location of CPS workers who are falsifying or have falsified documents in court and who have lied in a court setting. They can sue for government entrapment. The goal is to have case workers sue in all 50 states.
Send the case worker a note that states the following:
Dear ,
It has been brought to my attention that you may have falsified documents with dependency actions. If you have not acted dishonestly in the past and are now pressured by the state to remove and adopt out children in an unethical manner, you are entitled to damages.
It is of paramount concern to our nation that these actions be stopped. If you are interested at any time of participating in a class action lawsuit in your state, please write to washingtonstateextendedfamilies@live.com.
Sincerely,
Jan D. Smith
August 21, 2008
Attention: Distinguished Members of Congress
Notice of legal intent with regards to S 3038
The People herewith declare that the renewal of the Adoption Incentives S 3038 called The Improved Adoption Incentives and Guardianship Support Act does violate the law under the Sherman Anti-trust Act. In addition, funds distributed to the states entrap state workers causing illegal acts not normally performed by said individuals prior to hire.
The People through discovery have found:
1. The imbalance of funding is creating corruption
2. Pathology has filtered through all manner of government and related agencies
3. Judicial decisions violate the public trust
4. Laws are created and passed that give parens patriae unlimited power not provided by the Constitution
5. The paradigm shift that accompanied a monopoly/monopsony strategy of funding extracted from dwindling Social Security is devastating families across America
6. Children’s lives are at stake and are being killed 6-1 over parents per 100, 000
7. That the states are not following guidelines placing with relatives but are screening them out using different criteria with foster families
8. That pockets of tyranny are going unchecked without recourse
9. Congress is not responsive to The People
10. That The People also have compelling interest as an implied term
The People are declaring a public health crisis as a result of these findings and also:
In addition, The People find the Parens Patriae to be more than a doctrine but a specialized position created by the government for the government that violates Article 1 Sec 9, 10: No title of nobility or honour shall be granted by the United States. The title extends to the courts, Children’s Administration and public education violating Amendment 14 depriving persons of life, liberty and property without due process. The position applies as a collective.
The People are ordering a cease and desist of the renewal of S 3038. Should action continue to commence, a nationwide class action lawsuit opposing Parens Patriae and the theft of Social Security to provide the continuing tyranny will be executed.
Signed,
Jan D. Smith
Registered Lobbyist
Washington State Extended Families
washingtonstateextendedfamilies@live.com
Recently I introduced two site features: one, a place for people to post referrals to good CPS-fighting attorneys, and the other, a place for people to make a request for an attorney. Both posts have had good responses, yet I know without a doubt that most of the people asking for legal help will not find it by posting on this website. I’m sorry to say that, but it is true. There are few attorneys who are so hard-up for work to do that they’ll come here to pick and choose clients who are probably broke and looking for someone to work pro-bono (for free).
Get over the idea that you might find a good pro-bono attorney. It rarely happens. In the seven-plus years since I started this site I’ve seen it happen only once. An attorney represented a very high-profile case in Oregon AFTER the couple became so desperate they kidnapped their own children from state custody. That attorney lost the case and the couple has been imprisoned ever since.
The alternative to finding the dream-attorney is to take that court-appointed freebie do-nothing attorney the county provides, and make that person WORK for YOU.
The main problem with these court-appointed attorneys is that they are paid by the county; that same county that is your adversary in juvenile court. So how motivated can they be to go against the county and help you?
Turn the tables. Take charge of your case.
A way to control how your attorney handles your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done with your case.
A keyword to remember is proactive. YOU take the lead. Rather than REacting to what others are doing to you, start thinking ahead to what your next move should be. Keep your attorney informed with a series of letters.
Remind this person, your attorney, that you are the client and you need and demand request the attention your case deserves. If your attorney doesn’t do the things you request, that person is setting himself/herself up for a legal malpractice lawsuit. But if you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done.
Let’s face it. These court-appointed attorneys are known for what they don’t do. They often meet a client at the door on the way into the courtroom. They look through the case file as if it were the first time they’ve seen it, trying to orient themselves to what’s going on. Of course there’s no time for them to do any type of adequate defense of the case. They don’t know you, your children, or your situation. They don’t know the truth and don’t know who’s lying. And it seems they just don’t care.
My apologies to all court-appointed attorneys who don’t fit this description, but I’m sure you know that these are the facts about many if not most court-appointed attorneys in juvenile law cases.
You have to do something to get a dead-beat court-appointed attorney’s attention. Writing letters is the way to go. It puts them on notice that (1) you have some legal knowledge, (2) you want your children back, (3) you want a better quality of representation than they are giving to most clients.
If I were to write a letter to an attorney in a new CPS case, it might go something like this:
You have been appointed to represent me as an attorney in the county juvenile court. Be on my side; I need your help. I am fighting for the release of my three children from state custody. I am innocent of any wrongdoing. The caseworker made assumptions about me that are false. My children need to be at home with me, for their well-being - mentally, emotionally, and physically.
While you are my attorney, please keep in mind that you are working for me, not for the county that pays you. As my attorney I expect you to give me the best legal representation available. I therefore request face-to-face meetings with you at least once monthly to make sure you are actively working on my case, and not letting it slide between the cracks.
I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.
I’m hereby asking that you take my case to trial and make the caseworker prove all charges. Since they are false charges, I think it would be in my best interest, and the best interest of my children, if I were to fight to prove my innocence with a full trial. Do not under any circumstances ask me to plead guilty to false charges against me.
As you know, parents involved in CPS cases have to complete a ’service plan’ yet many do so and still do not get their children returned. I would like to avoid doing any kind of ’services’ and request that you refuse all services, and/or force the caseworkers to prove the need for any services requested. I do not want to be in the position of many parents in these cases forced to have psychological evaluations when there is no evidence of mental illness, or forced to do drug testing when there’s no evidence of drug abuse. Please honor my request, protect my best interests, and see that my time is not wasted by unnecessary court-ordered ’services’. Of course they would also be a waste of taxpayer money. Do everything you can to resist these services in my case. As you are my attorney I’m trusting you to fight these issues individually and fiercely.
I expect you to be 100% aware of what is happening with my case at all times, and to inform me immediately of any changes.
I expect you to obtain and share with me a complete copy of the case file including all case narratives.
I expect you to help me compile substantial evidence to prove my innocence in this case by preponderance of the evidence.
I expect you to produce legal paperwork including a complete response to all caseworker reports, declarations supporting my side of the case, and other documents as needed, and to present those documents to the judge or juvenile court referee who hears our case.
I expect you to do everything you can to prevent my name from being included on the central index, blacklisting people from working with children. I am innocent and my name should not be included on that list.
Please respond to my requests in writing within ten days; I will need your written response for my records in this case.
Sincerely,
Name of Client
…
NOTE: Some of these suggestions are for people with NEW cases; if your case has gone beyond the initial phases your needs will be different. Don’t just copy what I wrote; put these ideas into your own words. TYPE your letters. MAKE COPIES FOR YOUR RECORDS and keep them in a safe place.
…
Comments? I would like to get other ideas from the people reading this on what could be included in letters to attorneys. What do you want from your attorney? Let’s brainstorm this and come up with some great ideas that people who come here in the future will be able to benefit from. Are there any phrases all letters should contain? Anything you think we shouldn’t ask the attorney?
I’m getting a lot of requests for referrals to lawyers who take CPS cases. If you know of any lawyers who do CPS defense, please tell us about them here. If you are a lawyer, please sign in by using the comment link below this post.
Please give us contact information… website links are very welcome. We need to know what state CPS defense attorneys are in, so at least tell us that much.
I’d like to make this page a permanent resource for people looking for lawyers who do CPS defense. Your referrals can help.
To those who don’t have competent attorneys, who can’t find a referral here, I have a suggestion: Go to your county courthouse or to federal court (if you intend to file a lawsuit there) and look through the cases, which should be listed in some kind of computer database. You can ask the county clerk for help locating cases. Look for cases that have the Department of Social Services (or whatever they call it there) as a defendant. Then find out who the attorneys for the CPS victims are. In this way you’ll probably find lawyers who are willing to take on CPS cases.
If there’s nobody available in your county, try nearby counties. Sometimes getting an attorney from another county is the best thing you can do - they are less tied into local politics and not worried about staying friends with local CPS workers and judges.
… P.S. - This is NOT the post to make attorney requests on. This post should have comments with attorney referrals only. If you need an attorney, please do not tell us about it in the comments to this post as I will have to delete those comments. This post should create a page with lots of attorney names for referrals only.
A New York based advocacy group called Children’s Rights is suing the state of Michigan in federal court on behalf of 19,000 foster children who may be endangered by maltreatment in the foster care system.
The Michigan Department of Human Services refused to provide documentation on sixty-seven foster children who died in state care there since 2004. At least three of those children were killed in state licensed foster homes. Circumstances regarding the other deaths are unclear as the state refuses to release records.
At a hearing on Tuesday, August 7, 2007 U.S. District Judge Nancy G. Edmunds ruled that an expert must be hired to assess the Michigan foster care system’s adequacy. The expert, Christopher Baird of the Children’s Research Center, will study 460 random Michigan foster care files
Judge Edmunds also ordered the state to release certain foster care documents by August 31, 2007.
Carole Deleon is getting off easy after pleading guilty to criminal mistreatment of a little boy she adopted out of foster care, then starved to death. She also mistreated at least one other foster child.
Tyler was starved, bruised, had teeth knocked out, drugged with various medications, and denied water. He died on his seventh birthday.
Deleon was originally charged with murder, but a plea bargain has reduced her sentence to what will probably be only six years.
Florence Moyle’s nephew, Steven, also lived with Deleon. They believe Deleon should have been tried for murder, and Steven was willing to testify. Moyle is planning protests outside the Stevens County Courthouse and a Seattle law firm is preparing a lawsuit against the state of Washington.
Six months before Tyler’s death there was a CPS report stating that “the children in the Deleon home were at high risk for future abuse and neglect” yet the caseworkers left Tyler and four other children there, and placed a three-month-old baby in her home. This is another case of CPS choosing to ignore evidence of abuse in a foster home.
A three-year-old girl in Oregon is suffering from permanent brain damage inflicted by her foster parent, a man who became frustrated with her crying when she was only three months old. He punched her and cracked her skull, and she’ll never recover. In May 2007 a federal lawsuit awarded her $960,000 which will be paid by the taxpayers of Oregon.
It is my hope that your readers will express their outrage, regardless of where they live, and write a letter to the editor of the Oregonian…. They request a letter of no more than 150 words, and the writer’s name, address, and phone number need to be included. (Should they need to edit, verify writer, etc.)
Thank you,
Lucy Brackett
From the article by Brent Walth:
“The baby girl lived in a house littered with dirty diapers and slept on sheets soaked in her own urine. Her older brothers — both toddlers — showed signs that they often went hungry. The adults in charge struggled to make ends meet and care for the three children. The children might have been candidates for state foster care. Except this was a foster home, and caseworkers wanted to get the neglected children out of the house.”
The foster parents were practically children themselves!
“N.E. was born in September 2003 to a mother who tested positive for methamphetamine use. State officials quickly took the baby into custody and placed her with foster parents, Melissa Kavanaugh and Terence Chi Hui. Kavanaugh and Hui — then 21 and 23 — had no experience as parents, but the state had recently certified them as foster parents after they completed required training.”
Terence Chi Hui, who was working as a computer network consultant with AT&T Wireless, pleaded guilty to two counts of attempted assault and was sentenced to 72 months in prison.
Thanks to Lucy Brackett for sending this to me via email.
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