I've Done Everything CPS Asked Me To Do!! But They Still Want To Take My Kids!!!
CPS Want To Take My Kids
One of every parent's nightmares is that their children are being abducted or stolen. For certain parents, this nightmare will come true based upon a false accusation made to CPS. Unfortunately for parents, persons with CPS are considered guilty before they can prove that they are innocent.
The author offers some well-thought-out ideas as to how to deal with an initial CPS complaint or accusation in two recent posts, found at http:/journeyboost.com/2015/05/21/what-to-do-if-cps-shows-up-at-your-door and http:/journeyboost.com/2015/06/23/more-on-cps-visits. Know, you don't get a second chance to make a first impression, and your first CPS encounter will decide whether your case can be dealt with quickly or if it will be a long-drawn-out case through which you struggle to recover your children for months.
The paper proposes the following 10 things to remember and do if your family gets involved with CPS:
1) SERIOUSLY take the indictment.
Parents are regularly accused of ludicrous things: attempting to trade their kids for drug money to relatives; molesting a child during a family party in the living room; beating a kid with a baseball bat without leaving bruises. Yes, those were actual calls to CPS, all taken by investigators as real. I don't care how ridiculous or incredible it sounds to the caseworker. Know that SHE is concerned, and possibly presumes-no, possibly "KNOWS" that you are guilty as accused. Even if she doesn't say flat-out that she's there to take the kids, she's definitely determined to do just that. "Chris Klicka, senior counsel for the Home School Legal Defense Group, said in testimony to Congress that a caseworker with 30 years of experience once confided to him that" When I began working, we sought to show that the family was innocent. We now presume that they are guilty before they show that they are not guilty.
2) ASK what the payments are.
The caseworker tends to keep you in the dark much of the time as to what you've been convicted of. Despite being needed to tell you specifics of the allegation in her first contact with you by federal and state law. "Don't settle for the" violence "or" neglect "response. Those are categories, not information. You have the right to know what particular acts you are accused of doing.
3) SHUT UP. NOW SHUT UP.
Before talking to your attorney, it is imperative that you not agree to a CPS questioning. It is normal that innocent parents who have nothing to hide want to justify more so that they can see that there is no problem here for a rational person. But agents with CPS are not fair. To them, the allegation IS proof against you. The caseworker is there to find proof that you have abused your child to confirm what she already considers to be true.
You have taken away their biggest tool, which is their ability to distort your words if you say nothing to them. Let me send you some examples of what parents who have talked to them have done:
The husband of a client of mine was accused of molesting his autistic, non-verbal daughter sexually. The CPS investigator asked the mother if any suspicious activity had recently been displayed by her daughter. The only thing she could think of was that the girl had wanted her mother to come and lie down with her for a few minutes a few times the month before. She would usually just go in by herself and go to sleep right away. The prosecutor told the court that the mother confessed that her child was scared of her own bedroom.
One of the fathers I defended told the caseworker that during a 20-minute period he had punished his daughter, where he would talk to her about what she had done wrong, swat her a couple of times, and then chat some more. The investigator reported to the court that for 20 minutes, the father confessed to beating his child non-stop.
4) FIND A CPS Battle ATTORNEY WHO HAS Expertise.
Uh, when? Your family is being investigated as soon as you know it. The sooner a skilled prosecutor enters the scene, the sooner he or she will be able to avoid coercive CPS methods. Please note that I said Battling CPS experience. Many lawyers feel that their job is to figure out what CPS wants and ensure that their customers do it, if not most. This also leads to catastrophe-and the loss of your kids.
5) Be Respectful.
Hostility against the investigator is known as a confirmation of guilt. As proof of an abusive personality, your perfectly normal angry response to being accused of hurting your child would be used. This is where it can be a valuable advantage for an attorney. On your behalf, he or she will stand up to the bully.
6) NEVER leave them at home.
You should not allow any government official in your home under any conditions unless he or she has a court order. Ask to see the warrant or order, and when she doesn't, the CPS worker can lie and claim she has one. If she doesn't have one, tell her gently but firmly that before she gets one, she'll have to sit outside. If she says that this is an emergency, let her tell you what it is. If it were a genuine emergency, she would not be asking, she would be there with armed police officers, pushing her way in. Call her bluff. Do not even open the door to let the children look at her.
On this, there is no agreement. No exceptions exist. You have waived your fourth amendment rights if you welcome a caseworker into your home. And if the caseworker wants to take your children, SHE WILL FIND SOMETHING TO JUSTIFY IT IN YOUR House. That is a promise.
Understand that there could be risks to you. You may have been lied to. She might inform you that caseworkers are not entitled to the 4th amendment. It's a lie. Maybe she'll tell you she doesn't need a warrant. It's a lie. Maybe she'll tell you she'll be back with armed police officers. And she might very well be. But nothing changes that. The fact that she has no right to enter your home is not changed except by a man with a gun on your porch.
Listen to an ex-CPS investigator's words:
I wish I could yell from the highest mountain for parents to learn their rights vigilantly! There would be a slightly smaller number of child removals if they knew what their legal rights were. Social workers are not forced to remind the parents of their civil rights, unlike policemen who make an arrest. In order to remove a boy, all we had to do was show up at home and tell the parents that we were here to remove the children. We would also bring with us a police officer (never informing the parents that he was there for my safety, not to impose an order or warrant). We never had to get a warrant or court order to remove children 99 percent of the time because the cop would threaten the parents so much that they would just hand over their kids and turn up for court the next day. But if they had understood their parental rights legally, they might have easily told me that I could not take the children unless I had a court order signed by the judge or had a warrant for the children to be removed.
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