The Internet can be an interesting place. The cyberworld has largely taken over the newspaper world and reading in general. Like anything else, the Internet has plenty of useful good qualities and plenty of bad ones, much like television. When dealing with CPS be very careful with what you read. Realize that much that is written (Even some things on this site) are strictly opinion. That means you need to take most things with a grain of salt and weed through what is useful and what is not. Most blogs are simply the opinion of one or a group of people. For instance if you don't like President Obama, you are going to find fault with just about everything he says or does. You may even take personal potshots about the man himself and that is wrong regardless of your political preference. On the other hand, if you do like the President, you are going to give him the benefit of the doubt when he does may a mistake, you are going to speak highly of him and usually support his policies. Someone who has a problem with him may criticize let's say the tie he is wearing, while the person who likes him may love his tie. This is where you to take a step back and understand all of that is subjective and opinion. Never believe everything you read.
How does this apply to CPS? Quite simply, you have to take control of your own case and your own life. This means the INTERNET should not be your only source for information. Opinions should be taken with a grain of salt. You need to document everything and make copies. You need to go to a legal library and seek out any real life advice you can and combine with what you have learned in a variety of areas including sites like this one.
This website is intended to provide useful information but remember there is a ton of information out there, we have never covered. Some of the articles we post are strictly opinions written by writers of a variety of sites. What works for one person may not work for you. Take action and look for consistency. Always try and come up with different ideas and stick to the facts. Take action and good things can happen.
One of the hardest things Defeat DCS face is the countless articles available on CPS corruption. Some of the articles are very factual, while others are not. One thing we encourage each one of you is take a deep breath and step back when you are angry about the way CPS has done you. If you are truly one of the falsely accused, there is no need to lie or exaggerate the truth. The truth is on your side. If you have been lied about, returning a lie for a lie is counterproductive and in some regards you have done the same thing they have done. Some of the information received specifically names certain caseworkers, be very careful with this. Slander is defined as something that is verbally said about someone that is untrue. Libel is lieing about someone in written form. Posting lies about your enemies can fall into defamation of character particularly if it can destroy their reputation or livelihood. This happens many times when dealing with CPS. Granted there are some bad caseworkers who purposely lie. This happens far too often with CPS and should be the goal of all organizations looking to bring reform to CPS agencies. Some caseworkers probably do not need to be in the jobs they are in, especially if they are intentionally trying to make someone look bad. However, remember it is a difficult job and not all caseworkers are bad. Always be cautious when you are dealing with these people and use your gut instinct.
When you have been disrespected and lies have been told about you, WATCH OUT! The last thing you want to do is trash the other side. One, it makes you look bad and two, CPS have high powered attorneys that can twist your words based on something YOU said. Stick strictly with the truth and not opinion. It is the world's most difficult thing to do but take emotion out of it. Document everything and tell the truth at all times. Even if you think it will hurt your case, be honest with your attorney and the judge.
If you are guilty, do yourself a favor and come clean. Remember everyone deserves a second chance in life and sometimes people do things that are out of character for them. If that is the case with you, admit to it. However, if you are innocent never accept a plea bargain and fight for your rights.
Defeat DCFS especially want you to take note of number eight. Remember CPS is a government agency and they don't know you. It is important that you do everything within your power to make a favorable impression. That means you need to tell the truth. If you are innocent, tell them you are innocent and if you made a mistake, admit to that as well. The truth shall always set you free. When one engages in lies and deception, it almost always comes back to haunt you. Use good common sense and you will end up much better off. If you are leading a less than clean lifestyle, it is certainly not ours or anyone's place to judge, but keep in mind you aren't doing yourself any favors. No matter what your life history may be, good or bad, deal in the now.
Foster care, family preservation and civil liberties: When you want to trample on the Fourth Amendment, who ya gonna call?
Say you work for a county sheriff’s department and you suspect that a couple is growing marijuana in their home. But you don’t have enough evidence to get a search warrant. As Karl Malden used to say in those American Express commercials: What will do you – what will you do?
The dilemma arose in Sarasota County, Florida. And Sheriff’s deputies there came up with what they thought was the perfect answer: Pretend they were from the one government agency to which that pesky Fourth Amendment never seems to apply. Pretend to be from the agency that can enter any home based on no more than an anonymous telephone tip. Pretend to be from an agency so powerful that, even if technically, people have the right to refuse, they’d be too terrified to invoke it.
Yes, that’s right. The deputies pretended to be from child protective services, in this case, the Florida Department of Children and Families, and they pretended to be looking not for pot, but for child abuse.
According to the Sarasota Herald Tribune, the deputies told the couple they were investigating an anonymous tip about a child living in unfit conditions – and, they said, the couple had no right to refuse them entry.
It was all a lie, but once inside they found enough evidence to get a warrant, ultimately they found marijuana plants and drug paraphernalia. A circuit judge has ruled that illegal – and thrown out the tainted evidence. Because, after all, adults have Fourth Amendment rights.
But not children. Laws and court decisions vary from state to state, but as a practical matter, even if, technically, a parent can refuse entry to a child protective services worker, as a practical matter she’ll just run to court, claim that the refusal itself puts the child in imminent danger and get the court not only to let her in, but also to take away the children. (Indeed, she may not even need to go to court – she could simply exercise her “emergency” power to declare the child endangered, call the cops to let her in, and then leave with the child.) FULL STORY
No matter what stage your “case” is in, the Number One (#1) thing YOU MUST DO- Document, Document, Document. This costs nothing and is the MOST IMPORTANT thing you can do in your defense. Keep detailed records of who said what, when. ESPECIALLY document face-to-face and conversations on the phone. Record or video tape if you have it. CPS workers “make mistakes”, LIE, and TWIST your words.
See Washington State Extended Families for a nice essay on how to do Documentation.
If there is a lawyer in your area who HATES CPS and knows how to put up a DEFENSE, hire him now and help him defend you. If you have to sell the car, mortgage the house, clean out your retirement fund, borrow from relatives- pay his retainer.
NOTE- If you ARE a LAWYER who wants to learn HOW, see-
If you get a court-appointed attorney, you may or may not receive a “vigorous defense”. About the standard pay they receive is $500 total, so the pay is no motivation to them. You might get a young, idealistic one fresh from law school, and he may be pretty aggressive. Some older ones who are not calloused may also really go to bat for you and the children and provide Competent Counsel. In all cases, Help him defend you
Also see Make Your Court-Appointed Attorney Work For YOU at fightcps.com
NEW! August 8, 2008 How I Found Attorney Who “Hates” CPS
If there is NO such lawyer (there’s not very many), or you are penniless,
~you are going to have to learn how to DO IT YOURSELF in pro per or pro se ~
Be aware that some “courts” may be so “unencumbered by the Constitution” that a lawyer “may” risk his Bar License by providing a “vigorous defense”. (See What Happens in the FOG)
There are also stories about CPS KIDNAPPING THE LAWYER’S CHILDREN AND ASSASSINATING HIS CHARACTER TOO. We have heard of CPS doing the same thing to JUDGES, Doctors, Police officers, other CPS people (Whistle-Blowers), and even State Representatives who challenge CPS’ lies and fascist activities.
That’s why just filing your papers with the court clerk may be the only way to GET THE TRUTH ON THE RECORD. That is why the “Sui Juris” method was developed.
If you don’t get anything ON THE RECORD, you will likely have
NO appeal able issues in the future. See this and ESPECIALLY THIS
What Happens in the FOG- Beginning with an anonymous hot line “tip” of suspected abuse, a parent enters a gray area of American jurisprudence. And it is not “murky” to his benefit.
Child Abuse, when alleged, is not a criminal matter. It is blithely characterized as a “Civil” matter, much the same as a lawsuit to collect on a breach of contract. Thus, the Constitutional protections afforded in a criminal case are not necessarily extended to those accused of Child Abuse. Full Article
~ INNOCENCE IS NO DEFENSE ~
Don’t kid yourself.
This is not the Happy, Fair Courts
To fully understand what Family Courts REALLY ARE- see Volksgerichtshof
Never forget to ask the “judge” if you are in a CONSTITUTIONAL COURT OF DUE PROCESS
They cannot answer you honestly, because YOU ARE NOT
~By the way~
When the Nazi’s picked up the Jews
and sent them to Concentration Camps, they called it
Schutzhaft, literally translated “Protective Custody”
Write your own version of history in a Sworn Affidavit
and FILE IT with the Court, the CPS, the DA, and whoever else that has ANYTHING to do with your case.
You are SWEARING to the truthfulness of your statements. The CPS witches aren’t swearing to ANYTHING (what is SACRED to them that they COULD swear on? The Humanist Manifesto II?)
You had better be telling the truth with no “embellishments” and citing FACTS you can back up with evidence or witnesses’ sworn statements. Say NOTHING self-incriminating. If you have something to hide, you aren’t going to lie your way out of it.
Grammar Quick Help Class 101 How your papers LOOK matters!
The importance of your Sworn Affidavit cannot be over- emphasized!
THE ONLY WAY you have appeal able “issues” in the future
is to get your facts ON THE RECORD in court.
SHUT UP— SHUT UP— SHUT UP!
Quit talking with CPS. You are waiving your FIFTH AMENDMENT CONSTITUTIONAL RIGHT and Miranda Rights every time you answer a question.
“The claim and exercise of a Constitutional right cannot be converted into a crime.” — Miller v. U.S. Source: 230 F 2d 486, 489
Personal and phone conversations are where “mistakes” (inventions and fabrications) happen when THEY write their report about the conversations. Words you say float up into the rafters and come back twisted against you. If you feel you have to talk with them, record it or videotape it. And don’t forget to DOCUMENT it.
CPS is NOT your friend!
Women especially fall into this trap. Especially in cases where a child is ALLEGEDLY abused or molested by a family member.
DO NOT pour your heart out to a CPS worker or CPS contractor Mental Illness clinician.
Do that, and you will join the ranks of “co-perpetrator” lamenting “I was so, so foolish. I was an IDIOT. I thought they were there to HELP me. I thought the CPS worker CARED. I thought I had PROFESSIONAL CONFIDENTIALITY with the psych person.”
CPS will use every word you say to make your child a Legal Orphan, because THAT’S what they are being PAID for.
Ignore or forget this at your and your children’s EXTREME PERIL.
August 21, 2008 NEW CASE LAW
Case Name: U.S. v. Craighead, District: 9 Cir , Case #: 07-1-135
Opinion Date: 8/21/2008 , DAR #: 13245
Interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment, if the circumstances turn it into one of a “police-dominated” atmosphere.
Speaking personally, if there was no cop there, I would darn sure turn it into a “police dominated atmosphere”, by calling 911 and report that my home was being trespassed under the Color of Law with no Warrant.
If they DO have a warrant, SHUT UP, SHUT UP, SHUT UP.
BE POLITE! The highest crime you can commit is “Contempt of Social Worker”. We have reports of POLICEMEN telling people that the Constitutional Rights and Miranda Rights are only for TV, and what they are doing is “The Real World”.
See The Oath of Office
EVERY OATH of OFFICE in the USA includes “support the Constitution”
Since many of them seem like childish morons, SOCIOPATHS, and plainly nasty with no discernible social “skills”, this can be a difficult task.
“I would love to answer your question, but I cannot do that without violating my Fifth Amendment Rights and my Miranda Rights”
“I would love to let you in my house to look around without a Search Warrant. But I cannot do that without violating my Fourth Amendment Rights”
“There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you.” –William Hazlitt
We believe the court-ordered psych exam is a violation of your 5th Amendment rights. Don’t entertain the folly that psychiatrists are your friend. No, you do not enjoy professional “confidentiality” with them. They are the foremost tool of character assassination.
Insist on LETTERS to and from the agencies. They can’t alter their words printed on paper that have been mailed to you. Nor can they alter your words either. KEEP COPIES of your letters to them.
#7 Get your records- FOIA/Privacy Act/ Open Records. Anything they FORCE you to sign, sign it “Under Duress”. You can also Rescind your previous signatures.
San Diego Courts Examiner
Freedom of Information Act & Public Records Requests
November 14, 7:58 PM
Clean up your house and your life.
Obviously, if your house is a mess or your life is a mess, your CPS worker is going to use every bit of it against you. There is (so far as we know) absolutely NO LAW about “dirty house”, but they make a big deal out of it.
Shacking up with a boyfriend is the path to losing your kids. Boyfriends have NO “natural affection” for your children, and they are the #1 baby rapists and child abusers and killers, at the TOP of any statistical data.
So this is something YOU CAN DO SOMETHING ABOUT. Clean up. Quit smoking. Whatever you are doing that you KNOW is wrong, the choice is between your laziness, habits, lifestyle choices, CATS, and YOUR KIDS.
You choose. If you can’t, then don’t complain about what happens.
HELP FOR FAMILIES AND CHILDREN
HELP FOR FAMILIES AND CHILDREN
WHAT DO YOU DO IF YOU SUSPECT THAT SOCIAL SERVICES MAY WANT TO TAKE YOUR CHILD?
Why is this going on?
The Child Abuse Prevention and Treatment Act (CAPTA), CAPTA was developed and passed to deal with child abuse and is sometimes called the Mondale Act.
The publicity of child abuse in 1974 resulted in the passing of CAPTA and this was justly passed to protect children. This protection was to extend to all children but since the rich have abilities to protect themselves legally, the majority of children taken are from low-income parents who can ill afford a lawyer.
Only half of the children taken ever get home even though the law is clear that the primary goal is to keep children in the home with support services. The ASFA was enacted in 1997/8 to deal with a problem created by CAPTA. Where do all of these children go? The babies taken are easily placed in foster homes or adopted but the teens languish in foster care until they are released. The Adoption and Safe Families Act (ASFA) created a situation in which the states and counties are paid to take children from defenseless families such as low-income families.
ASFA started a bonus program for placing a child in adoption to cut down on teens stuck in foster care.The bonuses are from four to six thousand dollars for each child adopted over a quota set, which is based upon the number of children who were adopted before the Act went into effect.Once this bonus was established, the number of babies adopted doubled even though it was set up to help teens. ASFA also decreased the time to reunify with children under the age of four years to 18 months. Now many families get the older children home and lose their babies to adoption, putting money into the general funds of counties or states to use for what ever they want.
How do you help your child before department of social services (DSS) takes them for the bonus?
- Don't let a Social Wokrer into your home unless they have a warrant and you have verified that it is in their hand. Stand outside your front door and read it before you let them in.
- If you suspect that they might take your child, then you must act fast. Generally when a child is taken, they are immediately assigned an attorney from that county called a District Attorney (DA). Once a child has a DA assigned, the likelihood that you will get custody back is slim as the DA listens generally to the DSS and not the parent. Even if the allegations are false, DSS will have the most influence and the DA will listen to the DSS and not you.
- The best way to protect your family is to have a relative immediately hire or retain a attorney to represent your child which is not usually too costly at this phase, about $500 to 1500. Your child needs the attorney more than you need an attorney. An attorney retained to represent a parent generally costs $5,000 and up.
- It is better that you be assigned a public defender than to have your child represented by DA. The DA is supposed to represent the best interest of your child under the law but remember they only listen to the DSS.
- Make sure your child's private attorney is present at all meetings with the DSS.
What happens if YOUR CHILDREN ARE TAKEN:
- Keep Calm & get your evidence prepared . You must pull yourself together in the best interest of your child. If you really did harm your child, then your children are being protected from you. If you are falsely accused, you need to start thinking of what happened that lead to them being taken. Determine what evidence you have or proof that they were taken by mistake or due to lies of others. Do not tell the DSS your family's life history, as anything you say will be used against you to keep your children.
- Detention hearing Within 72 hours (weekdays) there must be a Detention Hearing at the Juvenile Dependency Division of your local county court. This isTHE most important point in your case as it is the first chance you have to show the lies and mistakes in the Social Worker's report. At the detention hearing, you will either have an attorney, be assigned a public defender or represent yourself (not recommended). When you arrive at the court, there will be a detention report and you must get a copy and read it carefully. This report will generally contain many lies,mistakes and some truth. You must sort this out and separate the lies from the truth so that you can defend yourself. Even if you have a attorney, they will not know the situation as well as you do. (We are not here to help child molesters and abusers.) You should always ask for a contested hearing or trial at the detention hearing, as this is your right. Your attorney will generally recommend against this but if you submit, remember that all false allegations, mistakes and lies will then become the truth even if the Social Worker or your attorney tells you otherwise. You have the right to present evidence of the lies and call witnesses in the hearing/trial to prove your being falsely accused. If you do not object to the lies, the judge will accept them as true, and so will every judge and social worker who ever deals with your case. Most importantly, this includes the Court of Appeals and potential Federal Civil Rights Cases later on if your case qualitifes.
- You must object to every lie in any hearing, even if your attorney does not. Remember that if you lose the detention hearing they will keep your children and place them in a foster/adopt home for a baby or a shelter or foster home if older. They will divide the siblings (brothers and sisters) in different homes to make it more easy to adopt out later because they are breaking up their relationships. You will generally get an hour per week visit in a supervised home. Make sure you tell the court if you have relatives to place the children with, as this will increase your chance to get the children home. ALWAYS OBJECT TO LIES IN THE COURT!!
- If you lose, you can appeal. If you have objected to the lies, you then have a basis to appeal the court's decision if you don't get your children home at this point. If you did not object, you don't have a basis for an appeal. Appeals take many months. Parents will often be appointed an appallet attorney for this stage.
- Re-unification or de-unification? When the DSS does their job, they will start giving you classes to take before your next hearing called the Jurisdiction and Disposition Hearing which is supposed to occur within 90 days of detention but generally is delayed. The time is used to investigate the allegations made against you. It is also supposed to be used to allow you time to take classes such as parenting or domestic violence. You will also get your weekly visit to see your child. If you did not have a detention trial to fix the lies, you now have to wait months to possibly get your children back. Some social workers see their job's purpose as being to break up families, and they will take this time period to write down bad things about you and will distort what you say and do. Try to bring a witness with you any time you talk to the social worker and if they object, you know they are out to get you. The DSS will talk to family members and neighbors or friends they find to gather as much negative information as they can to build their case against you. A very few parents and children do get honest social workers but you will not know this until the next hearing report is issued.
- Jurisdiction hearing WIN If you win the jurisdictional hearing, that's the end of your case.You take your children and go home.But you have to be sure to clear up whatever problem brought you to the authorities' attention---drug use, domestic violence, etc.You must make sure it never occurs again. Never submit to a jurisdiction hearing. Always ask for a evidentiary trial to present the truth. If you submit you will automatically submit to the lies or mistakes in the reports and lose your ability to appeal any adverse decision.
- Jurisdiction Trial - It's imperitive to ask for a trialy (to present the reasons and arguments for a reunification plan) as the DSS will have had time to prepare a strong case to return or not return your children to you. The DSS may ask the court to order that you have a psychological evaluation before the jurisdictional hearing, which is not proper. A psychological evaluation is supposed to be used to determine what are the best services to provide to you and your children to best reunify the family only after the jurisdiction has been declared over your children. In reality, the DSS generally uses this to say your unable to reunify with your children due to mental instability and generally recommends that your reunification services be ended.
- NEVER ALLOW A PSYCHOLOGICAL EVALUATION TO BE DONE PRIOR TO A JURISDICTION HEARING. Remember the psychologists work for the county or DSS as a contractor and if they do not find what the DSS wants they will not be a contractor for very long. Obtain and review all reports and make sure you respond quickly to the allegations in writing. You know your situation better than anyone. The only way the DSS can get information is from you or the family and friends they find or you identify.Be careful what you say as it can and will be used against you. DSS will also obtain all school records and if you have problems they will find this out. DON'T BE ADVERSARIAL, DON'T LIE AND DON'T GIVE UP THE STORE. If you are asked to take classes and do things, do it and arrange it quickly as this shows to the judge that you want your children home where they belong.
- Disposition hearing-After the Jurisdictional hearing and/or trial the next step is the Dispositional hearing and/or trial. This is the point where your child has become a ward of the court, and the judge now decides what to do with your child.The DSS tells you what their plan is and it will be more services with reunification, long term foster care or adoption of your children. If you have objected to all of the lies and have presented evidence to prove your position, you may get your children back within six months or less. Your next chance to appeal the court's decisions is after the DSS has obtained Disposition over your children. You only have 60 days in which to file an appeal after each court decision and you should always do this as after that time you lose your right to appeal any court order which is based upon mistakes or lies (if you objected to the mistakes or lies).