The UN Treaty on Children’s Rights seems to be designed to destroy parental rights. According to Michael Farris, chairman/lawyer of HSLDA, the Home School Legal Defense Association, the Obama administration may seal our fate by accepting this treaty, giving more rights to children than to parents. When all parental decisions are subject to being reviewed by the state, we may be prevented from homeschooling, training our children in our religion of choice, or discipline. I can already imagine kids (especially teenagers) using this treaty to complain about being grounded or otherwise disciplined.

HSLDA is a Christian homeschooling organization. Though I’ve never been a Christian, HSLDA won a place in my heart for pursuing limitations on CPS investigators’ actions, forcing them to honor our 4th Amendment rights. HSLDA also recommends and pursues independent homeschooling rights which are vital to the well-being of the homeschooling movement, because independent homeschooling allows children to learn in freedom rather than be molded into conformity by state government school laws. Conformity destroys initiative, innovation, and imagination.

This treaty has already been accepted by every country in the UN except the United States and Somalia.

Michael Farris is also the president of ParentalRights.Org, where an article lists Twenty Things You Need To Know about the UN Convention on the Rights of the Child (UNCRC or simply, CRC.)

Source: The New World Disorder: United Nations’ threat: No more parental rights; Expert: Pact would ban spankings, homeschooling if children object, by Chelsea Schilling, published on February 5, 2009 by World Net Daily.

The following article was written by a dear friend of mine in 1995. She told me then I could circulate this, but asked that I don’t use her name. I know the file is online elsewhere with her name, but I’ll exclude it because she asked me not to use it, at the time. I met her when she started using computer bulletin board systems to get information helpful to her CPS case. I owned a computer bulletin board system (using FidoNet) at the time. She lived only a few miles from me and we got together and became friends before I left the Bay Area. She worked mainly with VOCAL and some attorneys to get her step-child home from foster care, so you’ll see references to NASVO and VOCAL in the following article. I don’t know if the NASVO contact phone number is still useful as this is now a twelve year old article! However it contains some good information, and I’d like to know what you think of the suggestions she gives. - LJM

Don’ts and Dos when Falsely Accused of Child Abuse or Neglect

Don’t Invite Law Enforcement or Social Services Into Your Home Without a Warrant

This action waives your right under illegal search and seizure under the Constitution. This will allow them to come into your home at ANY TIME and search and seize your children or belongings.

Don’t Speak To Anyone About Your Case Without First Consulting A Lawyer. Everything You Say Can and Will Be Used Against You

If you cannot afford a lawyer one will be appointed to you if you are arrested. No attorney will be appointed to you if this is a civil case (family law). In some states, attorneys are appointed to parents in juvenile dependency court. You should call the local Bar Association or legal information service nearest you for this information.

Don’t Contact the Alleged Victim, Their Family, or Prosecution Witnesses

Any and all such contact will be construed as an attempt to bribe or threaten the alleged victim into silence or recantation. Such contact must be done through a PRIVATE INVESTIGATOR who will work through or with your attorney.

Don’t Turn To Drugs or Alcohol

Such substances are habit forming and are depressants. They can cause you to jeopardize your case.

Do Go Attorney Shopping

Seek out an attorney who is EXPERIENCED IN CHILD ABUSE CASES (specifically false cases). For assistance, contact your local VOCAL or call NASVO at (916) 863-7470. If you cannot afford an attorney, one will be appointed to you in criminal court. If you are in civil court (family), you must pay for your own attorney. Depending on the state, you may or may not be appointed an attorney in juvenile dependency court.

Do Hire A Private Investigator

Some attorneys have their own in house investigators. Some do not, and IT IS CRUCIAL THAT AN INVESTIGATOR BE IMMEDIATELY ASSIGNED TO YOUR CASE. If your attorney does not provide one, call NASVO for references.

Do Keep A Daily Journal

Such a journal should document everything you do or where you go and people who see you or are with you. Keep receipts of purchases to keep evidence of activities. Back date a journal by going through canceled checks, photos, letters and holiday experiences. Try to remember and reconstruct everything you did and where you were at the time of the allegation. Give this information to your investigator (and attorney). This can provide evidence.

Do Strip Search the Child’s Room, if the Accusing Child Lived in Your Home

This can provide proof as to your child’s activities and sexual and social habits. Look for notes, letters, diaries, photos, telephone numbers, drug or sexual paraphernalia. Provide findings to your investigator (and your attorney).

Do Keep Active

Physical and social activity are healthy and will assist in keeping depression at bay.

Do Pay Your Attorney or Investigator

The people you hire for your defense are professionals and will work toward finding a solid defense. It is advisable to ALWAYS ENTER INTO A CONTRACT AGREEMENT FOR FEES. This sets the boundaries of your agreement and protects both you and your defense professional from failure. If you have problems about your proposed contract, call NASVO.

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?

This site map is under construction. I have about six hundred more pages to add. In the meantime if you want to find something on this site, try using the search box on the left side of this page.

About Your CPS Case
Who Will Prepare Your Case?
Your Case Notebook: Is It Up To Date?
Don’ts and Do’s When Falsely Accused

Abuse of Foster Children
Michigan: Another Child Beaten To Death In A Foster Home
Texas: Foster Parent Convicted In Death Of 3-Year-Old Foster Child
Vermont and Ohio: Protecting Children From Abusive Fosterers
Ohio: Child Collecting Foster Adopters Sentenced To Prison
Texas: The System Is Maxed
Washington: Foster Parent Arrested For Abusing A Foster Child For Ten Years; CPS Caseworkers Ignored 15 Reports of Child Abuse!
Baby Bruised in Foster Care: What Will Happen To Sean’s MySpace?
Oregon: Innocent Baby Girl Brain Damaged By Foster Parent Child Abuse
California: Foster Parent Pleads Guilty To Child Molestation
Washington: Spokane Foster Parent Pleads Guilty To Criminal Mistreatment
Texas: Foster Parent And Son Jailed For Sexual Assault Of Foster Children
Florida: Child collector caught with nine abused, imprisoned children and adults adopted from foster care in New York
Michigan: Lawsuit Filed On Behalf Of Foster Children Endangered By DHS Negligence
Missouri: Foster Parent Sentenced to 15 Years For Sexual Abuse of a Young Boy
Connecticut: Foster Parent Neglects Children At Casino

Abusive CPS Employees
Georgia: DCFS Administrator Arrested For Child Cruelty
Indiana: CPS Caseworker Cory Heinzman Convicted of Molestation
Iowa: CPS Social Worker Charged With Perjury during TPR Hearing
Washington: Spokane City Councilman Exposes and Lambasts CPS
Social Workers Needed for child stealing saving
Oklahoma: DHS Director Investigated For Child Neglect
Ohio: CPS Social Worker Fired For Not Following Court Orders

Administrative Hearings
Filing For A State Administrative Hearing

Boycotts
Boycott Wendy’s Restaraunts

CPS - Child Protective Services
Parents: Do You Remember The Fourth Amendment?
What Do They Call CPS In Your State? - 6.5.07
Arizona: “New” CPS Risk Assessment Tool Called “Antiquated”
How Can We Solve The Problem Of CPS False Accusations?
CPS - What Does It Really Mean?
When You’re Dealing With CPS, Where Are Your Friends?
Don’ts and Dos when Falsely Accused of Child Abuse or Neglect
Tell Us About Your Favorite Web Pages For Information on Fighting CPS
Calling CPS

CPS Reform
Connecticut: Flex Funds Can Keep Children At Home

Central Index
Has your name been added to a child abuse list?

Child Detentions
Texas: Pot Smoking Toddlers Sent to Fosterincarceration Facility

Family Destruction
TPR Trial - Day by Day Account at MySpace

Families Reunited
New York: Three-year-old Julia may be returned to parents soon
Jack and Casey He: Tennessee Supreme Court Upholds Parental Rights

Family Stories
Michigan: ‘My Name Is Lisa’

FightCPS Website
Major Site Update/Redesign Coming Soon
CPS Evil Kidnapper
Site Update Almost Done
Amazing What Some People Think I Have Time For!!!
Fight CPS on Web 2.0 Sites: Squidoo and MySpace
Policy On Copying Things Found On This Site - 8.12.07

Foster Parents
Build Suffering People Up, Don’t Tear Them Down

Grandparent Rights
Scotland: Grandparents Want Legal Rights To Contact Grandchildren
Pennsylvania: Non-Abused Child Ripped From Loving Grandparents

Guestbooks
FightCPS Guestbooks

Lawsuits
Possible Class Actions Regarding Psychological Evaluations
Class Action Lawsuit Planned
California Class Action Lawsuit Planned

Lawyers
Lawyers who take CPS defense cases
Make Your Court-Appointed Attorney Work For YOU
Post here if you need a CPS defense lawyer

Legislation
Indian Child Welfare Act - ICWA - Is A Disaster For Many Families
Dangerous Federal Legislation: The Mothers Act HR 20

Legislators
Vote for Family-Friendly Legislators
Contacting Your State Legislator For Help

Media
Stolen Baby Video At YouTube
DVD Review: Snap Decision
New American Magazine: Families Separated By The State
Michigan: WJR Radio Gives Parents Opportunity to Expose CPS
FightCPS Prayer Requests

Protests
DC Rally 2008

Research
Study Concludes That Kids Are Better Off In Troubled Homes Than In Foster Care

Running From CPS
Michigan: Parents Flee With Their Infant To Avoid CPS

Suing CPS and/or CPS Employees
Wisconsin: Federal Decision Against CPS Social Worker
California: Verdict Against CPS for 4.9 Million!
Washington: Children Sue CPS For Allowing Them To Be Abused By Foster Parent
New Federal Court Decision Against San Joaquin County, California CPS Social Worker
Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
California: Former Foster Child, Adoptee, Files Lawsuit Against Los Angeles County

If you’re a parent living in the USA with young children, and if you don’t know what the Fourth Amendment is, please pay attention. This information could save your family.

The Fourth Amendment states that government workers can’t enter your home without your permission, unless they have a warrant based on ‘probable cause’.

Here’s the exact text of the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It has been established that this protection applies to Child Protective Services (CPS) caseworkers just as it applies to law enforcement officers. Despite the clear text of this section of the Bill of Rights, many caseworkers still think they can force parents to allow them into their homes.

Recently, near the end of January 2007, a child protection caseworker showed up at the door of a Michigan homeschooling family. She would not read a paper the mother handed her regarding her rights, and yelled at the mother, insisting that she should be allowed to enter immediately to do a “strip search” of one of the children. She was basing her intrusion on an anonymous tip stating that the children listened only to Christian music, that they “ate their cheerios dry”, that their only socialization was through the church, and that the mother pinched and hit her children in church to keep them quiet.

Since when is listening to Christian music or socializing in church a form of child neglect? And eating dry cheerios - is that a crime? If the caseworker had kept her complaint to ‘pinching and hitting’ she wouldn’t have lost her credibility and we wouldn’t be laughing at her now. However remember, this was all based on an anonymous tip, and who knows what the motivation of that phone call might have been?

The mother contacted an attorney, Chris Klicka, of the Home School Legal Defense Association (HSLDA). He sent the caseworker a letter regarding her rude and unprofessional behavior toward the family. He noted that she obviously hadn’t received the social worker training in the Fourth Amendment. A year and a half earlier HSLDA helped pass a law in that state which requires all caseworkers to be trained in their “duty to protect both statutory and constitutional rights of those being investigated.” Klicka also informed the caseworker that she would be held liable for violating the family’s civil rights.

Meanwhile the mother responded to the investigation by getting a statement from her children’s doctor indicating that her children were not abused. She also got letters from people who stated that they were good parents to their children.

The caseworker continued to try to interview the children and strip search them, and threatened to get a court order to do so. Klicka informed her that she had no ‘probable cause’ for a warrant because anonymous tips don’t qualify as credible evidence. The caseworker insisted she would get a court order, but instead, a few days later she contacted the family saying she would drop the case.

I guess she finally figured out what the Fourth Amendment was, and what ‘probable cause’ meant.

HSLDA, the Home School Legal Defense Association, serves mostly homeschooling Christians, but will provide legal defense for any homeschooler regardless of religion, so long as the dues are paid. This defense extends to homeschooling families facing accusations and investigations from Child Protective Services. HSLDA lawyers have been instrumental in going to court for homeschooling families with CPS problems, and have managed to establish very positive case law protecting anyone facing false accusations of abuse. For that, HSLDA lawyers should be praised by all families, forever.

[Note: I am not a member of HSLDA and never have been. I am not trying to get new memberships for them. However I very much appreciate what they've done for families facing false child abuse allegations.]

References:

Homeschooler Listening Only to Christian Music Turned in for Child Abuse

US Constitution, Fourth Amendment