If your CPS social workers are lying, violating court orders, or just being unreasonable, you might get some relief from their tyranny by contacting your state legislator. I’ve done this many times when dealing with unscrupulous agencies, and each time had a pleasant resolution to my situation.

Let’s go back to how I discovered how effective this could be. Back in the 80’s I was a welfare eligibility worker for the Department of Social Services. Occasionally unhappy clients would contact their legislators, and whenever that happened we’d see the supervisor scrambling to get the case file to take it into the program manager’s office. We knew that these people hated to have anyone call their legislators because then the head of the entire Department of Social Services would get a call from Sacramento where our State Department of Social Services is. In other words, a lot of pressure was applied from the top management because they didn’t like getting these calls! What was even more frustrating to the supervisor was that every time there was a call to a legislator, the client got what she wanted.

A few years back a local Department of Social Services caseworker was harassing me after learning about this site. He came out here four or five times with totally facetious or trivial complaints, such as the accusation that I was homeschooling - something that is legal in all fifty states. After the last time, I decided to take action before he got the bright idea of detaining my children on the basis of the number of complaints he’d either manufactured or followed up on. What I did was to write a letter to this caseworker detailing each of his visits to my family, telling what his reasons were each time and what my response was. I sent him a copy of the letter, and sent a copy to his Program Manager, my county supervisor, a few legislators, and a few newspapers. Maybe a few other people, but I honestly don’t remember who at this point. There was a list of these people at the bottom of the letter, so he knew who was getting it. The state legislator wrote to me telling me he had contacted the head of the Department of Social Services for California. Talk about applying pressure from the top! Then the pressure no doubt reached the local office and I didn’t hear from the guy again for years.

I’ve done similar things regarding other agencies. My experiences with writing to state legislators for help have all been good, and so I’m telling you about it in case anyone wants to try it. If you do, here’s some pointers.

1) Write the legislator a formal letter. Handwriting is OK - it looks authentic. Second best is a typed letter. Worst, and probably useless, is email. I’ve heard that legislators in Washington DC have to delete a lot of email unread because they have no way of processing it. I don’t know if a state legislator would do that, but I wouldn’t trust email. In this case, paper is better.

2) Be sure you use proper spelling and grammar. I know that’s a problem for many people who use this site, but if you know you have a problem then you can ask the local high school English teacher or some other expert for help making the letter look good.

3) Tell the legislator in the first line that you are his constituent. And by the way, you should be sure you’re writing only to legislators that preside over your section of the state. As a constituent you are a person who can vote or not vote for him next time he runs for office.

4) Keep it short! One page is sufficient. Three paragraphs, better. When I wrote the letter I mentioned above, I sent the entire three page letter I’d sent to the social worker, but the cover letter to the legislator was only three very short paragraphs. The letter will probably be read by a staff member who doesn’t have a lot of time to wade through many pages of case information. They want to know your specific complaint and needs, and will be able to process it and act on it quickly. It wouldn’t hurt to attach any evidence you may have on hand.

You will probably get a letter back from the legislator’s office telling you whether or not they took action on your complaint. They are there to watch out for their constituents, so in most cases they’ll try to do something to help. They need to know when the laws they make aren’t being followed properly. They can’t change a court order, but if a CPS social worker is violating a court order or in any way breaking social service regulations, they can probably do something to create change. After getting your letter, you might want to write back and thank them for helping.

We have two months before the next election. Do you know who’s running for public office in your state?

The only way to get bad child welfare laws changed is to get better legislators in Washington DC. We need to know how our legislators voted on child welfare issues in the past, and to either contact them for clarification of their opinions on our issues, or use their voting record to show that they’re either for or against families.

After we verify their stance on child welfare issues, we need to take this information to the public. There are thousands of people in your area who have been harmed by CPS agencies, who would like to know who not to vote for. It is up to us, each individually, to campaign for or against the people we want in office.

Find out who is running for office, and tell them what you need as a commitment for family preservation in order to vote for them. Attend meetings, town halls, and campaign functions where you can speak out about the dangers of child welfare. Write letters to editors of papers in your state telling people who to vote for if they are tired of worrying about CPS showing up at their doors and snatching their children.

It is really up to us to do this. I’m hoping that people with other ideas along these lines will brainstorm with me in the comment area. What can we do to get the right people into public office?

I received notification of this in email today (Thanks Charlie Wittman!)

YOUR URGENT ACTION IS NEEDED on a bill quickly moving through Congress called “The Mother’s Act” (H.R. 20) that calls for pregnant women to be screened for mental disorders and new mothers to be screened for “postpartum depression,” resulting in their being prescribed dangerous antidepressants or other psychiatric drugs. A Senate Bill and a House Bill were introduced this year. The House Bill is right now in the Energy and Commerce Committee and a vote is expected within days, whereupon it will go to the House floor next week. The bill provides more appropriations for NIH to conduct research into “postpartum depression” and biological treatments (drugs).

To protest this bill, write to your legislator.
You can do so easily here: The Mother’s Act

I see this as a way to implement The New Freedom Act, forcing psychological testing on all women who become mothers in the USA. CPS workers will probably have access to these screening results and children will most likely be taken from parents either on the basis of screening results, or because mothers decide not to take medications prescribed as a result of these tests. This act opens the way to massive abuse of child-bearing women in the United States, and their children. Please urge your federal legislators to vote against this bill.

Katie Wernecke, 14, was taken from her family by CPS two years ago, not because she was being abused or neglected, but because CPS agents and doctors didn’t agree with her parents’ decisions regarding her cancer treatment. At the age of 12 Katie, a resident of Agua Dulce, Texas, had Hodgkin’s disease. Her parents sought an alternative treatment for her. That right was denied to them.

CPS took Katie Wernecke from her family and forced her to undergo court ordered medical treatments. A judge allowed her to go home in November 2005, and though the family is grateful to have been reunited they believe their Constitutional Rights were violated. The lawsuit, filed by a Frisco, Texas attorney, is based on violations of the Fourth and Fourteenth Amendments to the US Constitution.

The Fourth Amendment protects citizens from unreasonable search and seizure. CPS child detentions are considered a seizure. The Fourteenth Amendment protects property and legal rights, and ensures that citizens have due process rights.

Many people have sued CPS in Federal Courts based on the violation of these Constitutional Rights.

Source: Wernecke family suing Nueces County, CPS by Erin Cargile of KRIS-TV.

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The Fourth Amendment to the US Constitution:

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.

The Fourteenth Amendment to the US Constitution:

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.