When parents appear in Juvenile Court they are handed a report written by a CPS social worker. It states the county’s side of the court case.
Who writes a similar report explaining the parents’ side of the case to the judge?
Usually, nobody.
Legal documents explaining the parents’ side aren’t written because they have court-appointed attorneys that in general, often don’t care enough to take the time to produce legal documents. Many of these attorneys receive a flat fee per case so there’s no financial motivation for providing an aggressive defense for the parents.
Most often, court appointed attorneys in Juvenile Court simply guide the parents through the hearings and advise them to sign a plea or stipulation of some kind, which implicates them as being guilty. If the parents sign (most do because their court-appointed attorneys are advising it) there will be no trial – no opportunity for them to protest their innocence or defend themselves. Without a trial there’s never going to be a time when the CPS social worker has to prove the county’s case.
So what should CPS victim-parents do to counteract the problem of having a court-appointed attorney who won’t aggressively defend them?
A few years ago I advised parents to write a letter to their attorneys to let them know what is expected of them. Get this on paper and keep a copy. If the attorney refuses to at least attempt to provide an adequate defense you’ll have proof that you requested one, and can sue in civil court for legal malpractice. Let’s hope your attorney problem never gets to that point.
Now I’ll explain what you can do to start the process off right – and that is to write your own legal document to give to the attorney. This document is called a “declaration of facts” and will state your side of the case. You can request that your attorney present this to the court so the judge will read it prior to making any decisions.
Your attorney is bound to have some opinion on this. Work it out with him or her and keep in mind that though the court-appointed attorneys usually don’t want to do the work to produce legal documents in your defense, they may have excellent advice regarding what you’ve written. They usually are not intentionally against you, but simply don’t want to do a lot of work on your case for the small fee they receive.
When writing your declaration of facts, keep two things in mind:
1. NEVER write any self-incriminating statements into your declaration as this can be used against you. You’re trying to prove your innocence, and not give evidence to prove your guilt.
2. Keep it as brief as possible. The judge is far more likely to read it happily and thoroughly if your sentences are short and to the point, and if no unnecessary information is included. Brevity is golden when writing court documents. You want the judge to like you, not hate you because your statement was too long. Focus in on the most important issues and leave out everything else.
Here is a simple format for your declaration of facts, which should be double-spaced.
…
Name:
Address:
Phone:
Email:
Declaration of Facts
I, ______________________________, state:
(Your Name)
1. I am the mother/father of three children: (Names of kids.)
2. This declaration is being written (state reason for writing the declaration of facts – for example, “in support of a motion to return children to mother” or, “to explain my side of the case to the court”.
3. This is in reference to (Case Name, Case Number, Date Filed and the name of the court.)
4. (Just state facts one at a time… I’ll give some examples.) On June 2, 2002 I let my children go to school as usual and while they were there a CPS employee interviewed them without letting me know first.
5. There were no witnesses to this interview and to my knowledge no recording was made.
6. My children were detained by the CPS employee and I was not notified by the school so by 4:30 when they didn’t come home from school I was worried about them and called the school to find out if they knew anything.
7. At first nobody wanted to tell me where my kids were and the phone was handed to three different people. Finally the principal got on the line and told me that CPS took my three kids because my son, Johnny, had a bruise on his arm and said I did it.
8. The bruise happened because he climbed the apple tree and then got scared and couldn’t get down. I climbed up there and grabbed him and had to lower him down by his arm and that’s how he got bruised.
9. By the time I got off the phone with the principal of the school, it was only a few minutes before five PM so I called CPS but only got a recording and nobody would answer. It was Friday and I couldn’t get through to them all weekend and even went to the office twice but it was closed. That was why I didn’t check on them for two days – not because I didn’t care which is what the worker, Judy Jones, made it sound like in court on Wednesday.
10. I haven’t seen my children in three weeks because they say I’m a danger to them. This is not true. In fact most of what they say about me is not true which is why I’m contesting the charges and asking for a full trial to make them try to prove their untrue statements.
11. The CPS employees I talk to on the phone are extremely rude to me. They are Judy Jones and her supervisor, Mr. Smith. Judy Jones said very sarcastically: “You should never have had kids if you were going to hurt them. People like you make me sick.” This woman, Judy Jones, won’t believe this happened in the apple tree.
12. I am requesting a court order for the return of my children immediately.
[NOTE: This last part should state the exact words used, just change the date and place to match your circumstance.]
Executed January, 1, 2003 Town, State
I declare under penalty of perjury that the foregoing is true and correct.
_________________________________
(Your Name)
Basic Legal Drafting
Buy at Amazon
Nelly says
I have a very interested case … And it has to do with the affidavit cotract to where I served them but they have took my kids but I took them to Arbitration to where they did t even show up and I got awarded by the arbitrator…. Now I’m in the middle of wanting to get it confirmed I just don’t know how but the amount is unbelievable rising that the days goes by…. And they still haven’t done anyrhjnf…….. All the allegations where false and I had my kids with family with a temporary guardian notorized and they still took them from me …. I’m in washington County in Hillsboro, Oregon.. I need a professional input on this
amanda says
Hi I was just wondering did you ever get your arbitration award confirmed. And if so what was the outcome
Michelle says
HI, I have just started and sent the docs to arbitration this week. I guess I was scared since have not heard from them that it was a scam and I only have 6 months until they try to terminate. Can you tell me how long it was until you got a appointment . Anything to relieve my nerves. Thank you.
Just to let you know , since I have done this they have refused visitations so they have control.
Trina says
My grandchildren switched schools during the pandemic from a brick and morter school to a virtual school and one didn’t contact the other so they came and removed 4 out of 5 of them because the 5th is not of school age .Its been 4 months and we still have not seen my grandsons .Please can any one help Im desperate.
Madison says
Currently in Columbus Georgia. Fighting a CPS case. I just moved 12 hours away from my hometown here in September. I need help IMMEDIATELY. @ lilbabybirdy131392-at-gmail.com
Tally says
I’ve dealt with CPS 3 times over the past 4 years. If I hadn’t of experienced it myself I wouldn’t believe just how corrupt they are. My children have never been removed from my care. I’ve been to court a dozen times fighting them. I currently have no open case. I see a lot of people seeking an attorney and yes getting a good attorney and fast is definitely the best, but just remember no one will fight as hard for your children as you will. Read it again, no one will fight as hard as you will for your children. I had no attorney through my cps cases I was never given a court appointed attorney. In Texas they only provide one if cps is trying to terminate your rights. But by that time it’s usually too late. I worked my tail off researching cps, my state laws, other cases and their outcomes. If you can’t afford a lawyer be a lawyer. With the information available on the internet we have access to everything we need. Just be sure your source of information is always correct. And finally, I made a decision and stuck with it, ultimately that’s how I beat them (for now at least)….”the only way anyone will take my children from me will be if they pry them out of my cold dead arms”. And I’m still in that mindset. That gave the motivation, the drive to do whatever I had to to protect my babies. CPS can and will kidnap your children people. Don’t let them.
Talysa says
Yesssss they will and they have kidnapped my children and now they have railroaded me
Trina says
They are legal kidnappers.
Kasey says
Please. Please help me. 384 days and today, Jan 26 2022 is my precious daughters 3rd birthday. I’m in Birmingham Alabama. I am happily married. We had a verbal argument that led to my husband calling the police. The regret covers him and has nearly killed him. Literally. Our 6 year old son, who was 5 at the time. And our 1 year old daughter at the time, were taken at midnight from their sleeping beds by these monsters. We have spent over 100K in legal fees. We have never dealt with DHR. We have never been in legal trouble. We have NEVER ABUSED OR NEGLECTED OUR CHILDREN. I am 43 and my husband is 48. We have unsupervised visits on Saturday’s and Sunday’s and that just started. My son goes to a school where he is picked on for being the minority. Our daughter stays sick from 384 days in a day care. They have moved them to several foster homes. It’s a living hell. We have a lawyer. My Dad is a retired Attorney but he told us who to hire. Nothing is happening. Our children should never have been taken. They should be home. Our family has been torn apart for what reason? My son and myself have been diagnosed with PTSD. Next court date is in 2 weeks and I know DHR WILL FIND SOME WAY TO PROLONG MY BABIES COMING HOME. God almighty I pray for babies innocence. I pray our family can recover. Nobody hears me. Nobody hears my husband.
Amanda says
cps went to my aunts due to a report of her 13 yr old and 17 yr old sons being left alone. cps did not know that her eldest daughter was there with them. they then talked to my daughter age 5 ( april 1st 2019) while my cousin was giving my son a bath ( hes one) without my knowledge or hers. my cousin was looking after my kids im pregnant at this time….april 3rd 2019 and i was packing my house to move back tro arkansas in may of 2019. cps came to the house i was packing and told me i needed to sign a saftey plan due to me using meth….. and that my children needed to stay in her care and im not allowed to be alone with them without my cousin present….. i signed not knowing my rights .april 5th 2019 cps came into their home without permission and removed my kids.i gave birth to a girl june 2nd and they removed her also after locking me out of the nicu.
Jacki says
I could really use your insight…my son was born May 20 2020 an they Made me sign a safety plan..n wouldn’t allow me to bring him home..all his test results were negative…n it’s been months now n still looks as if there’s no end in sight
Talysa says
They we’re old enough to be home alone so what. CPS KNEW BETTER THEY ARE CARELESSLY CORRUPTED, I hate that happened to you, I’m constantly I’m prayer for us all
Fighting Injustice says
My sister called CPS and caused a big stink. Now the paternal grandparents have my kids in trauma therapy for physical abuse even though they’ve never been abused and think they have them brainwashed. They sent me for an MMPI and the diagnosis is way off. My counselor only said I have an adjustment disorder. All they have me doing is counseling and yet court papers are lying as if I am not complying and I am in counseling, had 2 home visits, etc. The GAL blew me off the first visit, the second time showed up with no notice an hour late and I had company so I told him to reschedule and haven’t seen or heard from him since. Now they want to term my rights and said the kids I raised are “scared of me” even though they acted distant at supervised visits they did not act scared nor have they ever been afraid of me and not sure what to do. I just want them back home
HER NATIVE VOICE says
Please every one get hold of now as soon as you read this: HERNATIVEVOICE[at]gmail.com. leave your contact number, your name, what county you’re in and let’s get HEARD… I DEDICATE EVERY MINUTE OF MY DAY TO INCITE KAOS SOON WITH NO OTHER THAN CPS I’M SERIOUS I’M IN LA I GOT BIG THINGS HAPPENING, AN ALLIANCE OF LAWYERS, 15 at the moment, and 10 private investigators. let’s get you assessed and ready for VOICE…..
V. says
The same one who reported me got handed complete control over my life. my kids and I deserve better and they already came twice left me alone. Judge [judge’s name deleted] is not fair, or what they say, they lie, earn ur trust, make u crazy enough to lose ur mind, then they make sure u have failure, and change papers ECT. i was told I would get visits yet then the run around after. I have done so much and they have already made the decision u were not going to win regardless. my babies dad was allowing the abuse as she was my hater and after removal they allow him to see them and keep trying against me they are making sure i have no right and my babies are with my sister who could be supervising but. Nope they continue.
they told me I could change this that dcs helps with services and next Caseworker says she lost ur bus pass. even my doctor is trying to fight for me I am bipolar and they have made me crazy enough ALREADY the report wasn’t proven and even with good report judge [judge’s name deleted] decides to talk down to me and I thought I would b getting at least closer to having them home. so basic no proof of me but abusers get away with it and discrimination against me from the start talking about my personal life in court too ….i am curious who decided to put down the mothers who are trying to prove their innocence and even after they make sure drops date is changed so they can not keep their word. So is the tactic make u need to do something for calmness cuz needing meds and the fact they are never helping like they said they continue to judge u and more and more u see it is just a front yet babies go back to mom right away how can my enemy puppet my life and still they r making me the bad one. am a great mother and I am going to fight. my babies and I have missed time ALREADY and they are not being truthful but we r all different yet seeing the ones related or favorites getting away with this so they can decide our children’s fate. Well my kids were safe from harm in home and now I am going to keep a close eye on them. We deserve rights and i am not going to be a door mat for the people to make me look like that cuz they allowed abuse and I am still wondering y after all that still keeping me from them with no proof so they can give my babies to my enemies so they can hurt them and I can’t do anything about it.
Who is fighting for the truth and the moms who aren’t going to have a chance because they don’t get called out for the mistakes? I continue to suffer until they cover it and make me look unfit cuz they are discriminating. even the other judge they say will help u just gives u a time frame no matter what illness and I am supposed to watch my enemies run my kids and b told I’m a liar because I lost my rights from her words. Takes months stressing out to get emergency removal and i was supposed to be just like everyone else but they had safety and now I have no more. we deserve a break and to be able to make our family ok again . Please I have proof to fight back but in need to protect my kids from cps now and get them home we deserve a break. AND EVEN AFTER THIS IS NOT THE END OF THIS …..I WON’T BE SILENT SO MORE PEOPLE GET BACK EVEN THO THEY HAVE RIGHTS. WHEN DOES IT END??
truth says
please help 580three522four12. ready for a change in this despicable system. a solid form of human slavery.
Amber says
Hello, I just read your comment. What is the information regarding CPS?! I am going through a terrible case as well and would love to know if you have help available. I am being treated unfairly by the system and they are ruining my family life! My email address is Chivonne071315[at]Gmail.com. Please send me information about what you have going on. Also, Abeech021707[at]Gmail.com, is my other email address, just in case. PLEASE send information! Thank you so much! Good luck with your goals!
Tabatha Evans says
tabevans68-at-gmail.com please let me know what I can do to help. I can not believe that American children are going thru hell at the hands of the state’s government. This is evil what is happening to my young grandchildren.
Vanessa says
Hi my name is vanessa cobbs I’m ready to be heard I’m in Jefferson county in Watertown ny, I left an email please respond asap thank you, my email is cobbsvanessa[at]gmail.com
Ashley says
PURE DEATH ROW LIFE HEARTACHE CPS SENTENCE AS WELL, FABRICATED LIKE ALL OTHER IN THIS HELL CULT THEY OPERATE.
JEFFERSON COUNTY OUT OF LOUISVILLE KENTUCKY
Amber says
My name is Amber and I need help I’m in a CPS case for two and a half years now in Mohave Valley Arizona and have done everything with out a case plan didn’t even know anything about a case plan
And I’m still jumping through hoops I’m done with them . now they want a hair falicol test and I told them no
Linda Martin says
Amber, did you ask your lawyer about the service plan? Is the hair follicle test court ordered? If so, you should consider doing it as the judge will be looking for cooperation with anything he/she orders.
Edly says
Please I need help in 2012 my son fall and he got a little scratch in his stomach now cps try to tie me up saying I beat my son I tie him up in the closet until blood coming out of his body in lock in a dirty closet for day all of these allegation are not true.
Priscila says
In the name of the Lord , I am a foreigner and I am sure they took my daughter from me because they saw me alone and foreigner and they saw an opportunity. They took her from me at hospital without showing me any proof of drug on her blood . Her father uses drugs if something could show was second hand but I was for 59 hours on labor scientifically impossible that drug would remain on her blood . On court sw lied like hell on report and now he sent me one email saying all my tests were clean after almost one year testing and would give me unmonitored visits and when I went to meeting with him he showed up saying tests from 2 months ago were dirty . I have no one. Need help . Please
[email protected]
A says
I’m in ga and I have a child with severe non verbal autism with dd. He got out the window and police found him and called DFCS. He was taken to the hospital where he was 10-13 to an inpatient hospital because of aggression and sib. Now dfcs won’t leave my other kids alone even with the one still being in treatment. I had and open case for 6 months now and they haven’t found anything with the other children. They put in a parent aid and behavior aid who don’t know how to help me because my other kids are fine. Dfcs won’t help my son who needs help because he is agressive with his siblings. Dfcs said that he has to return home. Dfcs said that they are keeping the case open because the police said in the report that my son was malnourished which dfcs knows is not true. My son sees a Dr and the Dr said that he is a healthy weight. It’s scary that dfcs lies and won’t help in a situation where you need help to keep your kids safe. I have no idea what dfcs has for me next. They should be doing another home visit soon as she comes every 30 days to see the children that I take good care of and I am just trying to get my son help.
Ash says
Consititunal right’s everyone
Look them up study everything
Check out Friends of law fb group
Kirks law corner
Keep Faith
Rachel says
Rachel
5seven5-8four0-77nine7
Roswell NM 88203 chaves county
please call me.! I desperately need help. they’ve stolen my babies, already gave one away with no visit@tion for me and no matter what I do, it’s not enough to satisfy them. I’m a Veteran and single mom. thank you
brandi taylor says
Hi, Prayers go out toall of us suffering from separation from our children, my husband and i are being forced to divorce because cps said it was the only way that at least the dad could get custody, now they decided he is not good enuf and are terminating His case plan( mine was terminated in feb.) They (cps) have lied about us througout the whole case(2 years) Im in Ventura Calif . I am ready for my voice to be heard
shay says
we have the same situation. Our case is in ventura county, simi valley. Please contact me at shibe.shawna-at-gmail.com I want to gather all of us who have been wronged by cps in ventura/so cal.
nicholas says
please help my name is nicholas 7015707058 the case is in kootenai county idaho please help
MAXWELL says
vacchianomaxwell213 at gmail.com … hi i am currently yet unfortunatly living in Georgia.. my family is from Florida but we went on a extended vacation and are now fighting to get my daughter back. its been 13 months now and i’m really scared.. cps hates me because i tell them how i really feel. i voice my opinions. i truly believe cps is a dirty organization. There was false allegations of neglect and abuse from a jealous female co-worker that my wife let into our life. she basically wanted my wife to leave me and go be with her and wife wouldn’t do it. so she called on us.. the investigator came to our house… And if i would have known what i know now i woulda told the dumb bitch to kick rocks. but i tried to be a do good and let them in…. they did their investigation, looked around. we had clean home, plenty of food, juice and milk, toys, clean clothes, and my 4 yr old daughter was clean… they said oh i guess nothing seems wrong here and said well close your case out. and 2 days later got a call we have to give a drug test.. that i am guilty of but me and my wife maintain well ya know.. i wanted to buck and tell them to get a court order but my wife was scared said we have to and we both failed. after that cps started making up all types of false allegations on us and all we are guilty of is drugs. and we been fighting ever since. but we need help. its getting too late and i cant lose my baby girl forever …. please can u help me? were not bad parents, and our daughter reflects that….. if anybody can help us please do. cps isn’t playing fair and i am so scared.. if i cant get her back i got nothing to live for anyway….email: vacchianomaxwell213 at gmail.com phone#727two0025two5..facebook is Max Vacchiano the profile with guy in front of boats on fishing dock. with…i think theres 2 like that its the one with recent posts and like 900 friends..please and thanks…SINCERELY; MAX
Amy says
I need some help with my Rivco. Don’t want to talk in public forum
VegasGirl says
My mother is being harrassed by LA county but lives in Riverside, the case worker automatically believed everything my step-mother accused my mom of doing, They did not interview anyone who knows my mom and accused a long time famly friend’s boyfriend of abusing their daughter because she wants full custody. Now she is claiming physical abuse against my mom and im scared for her to talk to CPS since they dont care about the truth.
Anastasia says
RE: Amy – riverside county CA? – anastasia.s-at-analogentertains.com (not for any news story, just my work email for design company.)
Vegasgirl says
Yes, can I email that address? There is an evidential hearing comming up and the family friend has been cleared by the police since the allegations were false but my mother received a General Neglect charge for leaving my sister with a man she did not know the full name of. He is dating a family friend that we have know for 22 years and they live together! so it was a question of trustworthy and they went to a birthday party a few months ago and she had so much fun! its all fake but it seems so silly that she is lying about soo much and her parents are her verification. they have so much to gain too
Lisa says
I would like to know what came of this. It’s 3 years later but I’m interested to see if you had success with what you were doing and the response from parents.
Paula says
Please explain more
Amanda says
I need help with CPS, please help me
Jacki says
Please help me I’m at a loss… smithjacki92-at-yahoo.com Lexington co South Carolina
Oscar says
Oscar
Echoesecho8-at-gmail.com
Heather says
I was forced into relinquishing my parental rights
Billy says
Hi my name is Billy my contact information is kaybilly19–at–gmail.com I really really need some help if you get back with me through my email I’ll give you any contact information or anything you need just please I need some help I’m in Georgia
Mcarthur Perry says
Basically me and my wife went to jail on a first time ever domestic violence charge, we stayed in jail for about 30days . Not having any family support to get our children during this period of time, dhs/cps has our children, once out of jail, they didn’t return our children, instead they came up with a family plan for us to follow, upon following the family plan, we visited our children and talked to them on the phone, this happened June 7th of 2015, in DECEMBER of 2015, dhs allegedly said that there came up sexual allegations against me, so they placed a no contact order on both me and my wife, pending their investigation, June 1st of 2016 we went to court, dhs told the judge that we are cooperating, so they took the no contact order off in July, they set up a visit, then cancelled it, then reset it for another day, a week prior to the visit they claimed that one of my children was acting out sexually, and again my name came up, so they placed another no contact order on me and my wife again, and again they took them to a therapist, done forensic test on them, and physical, again for second time nothing was proven to be wrong with them, so dhs told me that they are going to send it to Corinth police department, to investigate and have it turned over to the grand jury, this year 2017 of April Corinth police department turned all said evidence over to the grand jury, April 17 2017 the verdict came back that I was innocent of any crime therefore I was not indicted , on April 17 I contacted the dhs requesting that the no contact order be lifted so me and my wife can see our children, I gave them my current address, and email, on May 1st I get a letter saying that there was a court hearing on April 21st that I was not made aware saying that both me and wife parental rights was taken, I was never given a chance to prove myself period because of the so called sexual allegations they kept no contact order on both of us, depriving us the right to see our children and continue as parents. I know that you don’t know us but if you take the time out to view my profile with pictures of our children, you’ll see that we are parents that love our children and we are seeking help from anyone who will listen, care and offer, so that we can get a attorney to fight for our children. Please in God’s name and his son Jesus Christ help to obtain a lawyer that’s all we are asking please 2five six 4seven 4six25five
Linda Martin says
Mcarthur, my heart goes out to you on the loss of your children to CPS. It was wrong for them to do a TPR hearing without notifying you. Maybe a good lawyer could help you, but I don’t know who that lawyer could be. Please keep looking for someone in your area, and do it quickly before your children are adopted. If this is to be appealed you have a very short time period in which to do it. Ask the lawyer who handled your juvenile court case to refer you to an appeals attorney.
Austin bartoletti says
My prayers and heart go out to you and your family my wife and I have had our 11-year-old daughter taken from us not for the same reasons but I could see very easily how twisted this whole situation could become as they are now attempting to try to remove our six month old son who is been in the nick you since birth and now has a tracheostomy we were at accused of drug use but neither one of us but neither one of us had ever use drugs in front of our children or allow drugs in any way form or fashion to come and cause neglect or abuse we simply had a time in our youth where we were not ashamed to admit that we experimented with a few things all it took was an allegation made by a family member about our past which had nothing to do with abuse or neglect to our children and our rights were taken and our children have been threatened to be removed permanently from our custody I can only imagine where this could all possibly go after reading your story I pray to God that you and your wife have a miracle and your justice served and your family reunited as I pray for my own my name is Austin my wife’s name is Crystal and we are here with you
V. says
So I have a thought. If u were me and knew that u have figured out that some of the people who where supposed to be making sure that ur life became complete again were not so much honest as they were making a paycheck, how would you feel? Do u look at ur own and feel like u r above the same people that believe in the hope? Who is the one who makes that call for the future of anyone’s life and judge by standards? Take a good look at ur world and tell me what it would be like to step a day in shoes of the same moms that never had a chance to b fit anyways. Can u tell me who is the one who is playing God and deciding fate of the families that they are never intended on their words? Do u call this justice and isn’t this backwards, isn’t cps the ones that endanger our lives and a woman who believes in feeling above others said she is basically better at deciding on whether or not families r to standard from the beginning – is this a vain move that also includes a paycheck?
Is Judge [judge’s name deleted] now my children’s MOTHER or does she just decide that she can use her power to puppet others lives because she is better than, and no matter what happens I never had a chance in the beginning?? I thought u all chose to help others in ur career but I am now seeing that This begins with some lady who decided she is a better than me and anyone who she decided was not going to be successful cause some place someone thinks that they are Queen Bee.
So ARE U IGNORING ME FOR BEING A MOM WHO WANTS TO SEE HER babies grow or BECAUSE I AM DISCRIMINATED BY A WOMEN THAT BELIEVES SHE IS ABOVE ME FOR PERSONAL JUDGEMENT? SO WHAT IS THE TRUTH? AND IF THAT IS THE CASE WILL SHE BE ABLE TO STAND UP AND TELL US ALL THAT FACE TO FACE SHE IS DEMONIC AND EVIL AND EVERYONE ALLOWS HER TO USE WORDS AGAINST MOTHERS TO MAKE HER FEEL LIKE SHE IS ACCOMPLISHED? SO IS SHE A MOM CAUSE I HONESTLY DON’T SEE THE REASON SHE IS OK WITH DESTROYING FAMILIES AND ACTING AS THO SHE DESERVES TO BELITTLE ANY OF US. CAN I SPEAK TO U OR HER CUZ I WANT TO HEAR ABOUT HOW SHE WAS BORN ABOVE ME AND HAD THE RIGHT TO MY OFFSPRING??
SEEMS TO ME LIKE SHE IS REALLY GOOD AT ACTING LIKE SHE HAS A SET BUT WOULD SHE BE ABLE TO STAND UP AND TELL ME THAT SHE IS A BETTER DESERVED CHOICE OF PARENTAL FIGURES CUZ I’M NOT BEHIND THE DESK? SHE IS REALLY LOW TO USE THE COURTS TO FEED HER OWN EVIL BUT SHE IS NO BETTER AND SHE WOULD NOT BE SO MOUTHY AND JUDGEMENTAL IN PERSON. WE ARE MOTHERS TOO AND I AM DISAPPOINTED THAT ANY OF U BELIEVE THAT HURTING FAMILIES IS THE WAY TO GAIN. I WISH I COULD HAVE HER NUMBER SHE IS REALLY LOW TO BE JUST AS SHE SAYS THAT WE R. Y DO WE GET TOLD WE HAVE CHANCE IF SHE IS ON TOP? SHE WON’T STAND UP, OUT THE COURT, AND TELL ANYONE Why We GOT PICKED TO MAKE HER FEEL LIKE SHE IS THE BOSS or did someone else make her dialog cause I would love to hear from her face to face that I am a low life and i got tricked by the same woman that don’t deserve any respect or honor. [name deleted] GAVE IT AWAY WITH HER FACE. REGARDLESS [judge’s name deleted] ALREADY SAID THAT I AM LESS THAN BECAUSE SHE THOUGHT SHE HAS RIGHT TO JUDGE ME AND U ALL JUST STEP ASIDE AND U CONTINUE TO MAKE PAPERS RIGHT AND WHO IS THE ONE THAT SWITCHED MY DRUG SCREEN DATES??? I HAVE A BRAIN AND DID I GET PICKED BECAUSE U ALL THOUGHT YOU WERE GOING TO DRIVE ME CRAZY CAUSE I AM MENTALLY ILL?? SO PLEASE ANSWER ME CAUSE I AM GOING TO MAKE SURE THAT THE PEOPLE WHO ARE HURTING MY KIDS EXPLAIN TO ME HOW I HAVE NO SAY, CUZ I DIDN’T GET THE DEGREE TO WHICH I KNOW YOU WILL IGNORE ME AND I WON’T EXPECT A RESPONSE BUT I WILL ONE DAY FACE THE PERSON WHO IS REALLY MAKING DECISIONS BASED ON MY COVER AND TELL THEM NOT ONLY R THEY WRONG BUT SWEETIE I AM A WONDERFUL MOM AND I WON’T BE A RAT FOR THE FUN OF ANY OF U SO WHO DOES THEIR JOBS FOR THE HUMANE REASONS AND NOT THE TRUTH. I HAVE A VOICE AND AM UNIQUE DESPITE THE ASIAN. I AM HUMAN AND I AM NOT QUIET. LIES LIES LIES AND NO ONE WOULD SIT IN MY HOME AND TELL ME THAT I DESERVE THIS. [judge’s name deleted] IS REALLY A BULLY.
Anyone wants to make this right and tell me y I should just wait for some paid judge to keep up with her own personal beliefs? I am sure none of u would be ok with ur life or allow someone like her to b ur voice. copy paste.
I am going to be very loud now I am not allowing this to happen to anyone else. does anyone care about what damage is really happening …… so I have a serious problem. I just pieced my case together. they had intention of giving me my babies back. they are trying to say my son is scared of his father whom they said I had domestic violence with and he hasn’t seen him in years. I have paper trail and because they are all covering their mistakes I have til the 15th to make sure they stay mine. my kids had to b emergency placed from my stalker and finally with my family took months to make them see I need help asap to make sure i get them back in my life and stop them from trying to make me look unfit cuz judge [judge’s name deleted] decided I wasn’t fit regardless of the things I did.
I need to protect my kids from harm and i sent a text to my Caseworker asking above. So they said clean screens, I could see my babies. they changed dates and I realized that they were working to fail me all along cuz I have mental illness and they knew saying they lost my bus pass and running me around until court so they can take my whole world. to begin they had no proof and who decided [judge’s name deleted] can degrade and judge u based on her own reasons I tried, help me, I can fight. and I will. we need to make this change.
my enemy played my life like a puppet master cuz dcs never heard me yet I can’t see them etc. my lil man never feared his dad and proof of the abuse from the emergency removal showed she coaches them even after I proved myself. they punish me no matter what. I always lost. [judge’s name deleted] DESERVES TO LISTEN TO US. I WANT Her to lose and I would love to degrade her the same and ask y she has balls to say she is basically our god I am going to be loud and I wanna know more than anything else why this is really happening and I had no rights and when can I stand up to the people who supposed to be making sure that kids r safe u all need to stop and [judge’s name deleted] DESERVES HER OWN DOWNGRADE TOO CUZ IF SHE KNEW ME SHE WOULDN’T HAVE BEEN BASHING ME ALL ALONG AND I HOPE SHE DOESN’T HAVE HER OWN KIDS. SHE IS NOT SUPPOSED TO GET PERSONAL. NO WHERE IS THE RIGHTS WE HAVE?? FACE TO FACE ON THE TV OR WHATEVER SHE WOULD NOT B THE LADY SHE PLAYS IN THERE. I AM A GREAT MOM AND ITS MY TURN [judge’s name deleted] I AM NOT UR REASON FOR BEING A HORRIBLE PERSON. Please help by Monday. I want to make sure that they can’t see my kids and damage them more and I won’t stop til I help us all plus show that there are moms that don’t deserve this and cuz we don’t act and are real u make us fear that our lives are ruined I am not taking the bullying, and my voice is going to carry on.
Please help me get my babies back. they deserve their mom and our lives are not yes to design we need to make this stick and I would love to take.my kids to forget about this for a while I have rights yet they took them from me anyways and i tried the silent wait still they r not going to make me something I’m not and the rest of the moms that are trying need to b able to protect theirs. why did I have to see my kids leave cuz dcs took them on The call of a hater and gave her my kids too so much more laws are made to make sense and [judge’s name deleted] needs training on how to treat people until proven guilty.
Linda Martin says
V. – I’m sorry about what’s happening to your family but I cannot take on individual cases because I’m not an attorney and in my state it is not allowed for a paralegal to work alone. So I’m just a blogger and writer and parent, suggesting ideas for you to consider and use if they are what you believe are best for your case… whatever you do, try to cultivate a good relationship with your attorney because you really need the help of a legal professional. Read this: Who Will Prepare Your Case?
Sasha says
I have an attorney that is amazing. And he wants to fight for me full throttle and can’t believe in just this is happened. Would you be willing to help me if legally we made it so you were working with him as well? What state are you in? email is sashacolabrown at I cloud dot come
Thank you in advance,
Sasha SH
Amy says
I need some help with my Rivco.(riverside county, Ca) case. Don’t want to talk in public forum
Anastasia says
RivCo is the worst. Even their DPSS admits they “interpret” the state law and write policies and govern as they see fit. I have to deal with Indio court house and the judge there is notorious for taking kids, especially white babies, from their homes and violating her own orders. She said in open court that my religion and constitutional rights mean nothing in her court room. The only time my children were harmed has only been in their care. And the judge said it was our fault because an emergency at work made us late to court so it was our fault they were taken and no one else holds any responsibility.
Now with the health crisis, they took my kids, lied in court when the day before they took them they signed off on the kids being safe and everything. And even though it was a health crisis, took my children to the ER at midnight, didnt feed them for over 6 hours and luckily I had a bit of food on me at our visit, now I cant even get court ordered visits, and our calls are limited to 30 minutes a week. However my 1 & 2 yr old cant talk on the phone. – My 2 year old was Mute for 5 days. The foster family thought my happy singing, rules the house with her demands since 3 months old, very loving baby girl was Mute because she made no sound or cry or vocalized anything for 5 days. The first time she talked after being taken was the moment she saw her dad. The reason we know this is because the worker was shocked and said to her coworker “omg she does talk” explaining no one has heard her speak since they woke her up at 11 at night to take my kids.
Tabatha Evans says
Write a letter to the judge and if that does not work quite a letter to the federal judge go online to find out how and what to write. This is insane. They will protect a molester in jail but my 2 or old granddaughter is in a foster home saying the foster dad further pee pee
lee says
hi i need help as fast as i can get it around this time last year cps came into my mothers home and removed my grand niece she has since been in a foster home as well as her sister see it started out that my mother had raised my niece since she was 3 years old as my niece became older she began to get in trouble and started using drugs she in return had had a baby and with her in and out of jail i began to help my mother take care of her daughter so for the last 3 years she was at my home ALOT cps didn’t like that the childs mom would get out of prison and return back to grandmas house to reside along with her daughter so they put an order in to remove the child because of safety issues they contacted a foster family and made arrangements for the little one to go there before any hearing was known of or any family was considered than they decided to contact me i again am the grand aunt i said i was willing to take the little one they asked me a few questions and that was that next day we had a court hearing they denied me saying i lied to them i was completely dumfounded i had no idea what i had lied about i would assume i would of had to been asked something in order for me to lie about it RIGHT anyways with my new found money which i had recently won in the lottery i went out and hired a lawyer when it came to the next hearing my paid lawyer was refused in court to be allowed to represent me because i never had grounds since i never had custody of the child the judge allowed this to happen so there was a few thousand down the drain i continued to fight though i work at a school have never been in trouble am part owner of a business with my husband my home is paid off i am financially stable plus in the state of pennsylvania children are to be placed with family first and since i was family there should be no way of me not getting child Wrong cps at the next hearing i was able to be allowed in 6 months later with my niece and the childs dad there both wanting to give me custody cps convinced the judge that it should not be allowed because they didn’t trust me to keep child away from her mother and after all i was part of this family what is that since lets make this story straight my niece went onto have her second child in may 2016 which is now with the foster family who has her sister my niece there mother had her rights all taken and her visits all stopped ended up in prison and in oct 2016 committed suicide cps who said they only removed child because of safety issues with the mother now are telling us that the children are better off were there at none of this makes sense to me our system is so corrupt that i don’t even know where to go with this if anyone can help my family we really need it its bad enough losing 1 this year but 3 nieces thats a lot and we are the family i am were these children grandmas are who will not be here when they are 18 and why should strangers tell these children stories about there mom i don’t feel they should all they wanted was my nieces children they showed that when they didn’t even acknowledge her death with a card or phone call
Jasper says
Lee,
Your story is so heartbreaking! I’m very sorry for the loss of your niece to suicide. I am so disgusted with how the government barges into our families lives! What ever happened to keeping the family together?
My story is that I’m the grandma of the little boy who was removed from his mom.
It’s so hard to say the next sentence… but my intentions were all good and I believed I was doing the right thing when I called CPS on my daughter. Never in my wildest dreams did I ever think the following nightmare would happen…
I’ve been the primary care taker of my grandson and co parenting him with my daughter. She got into drugs and would leave for days and days at a time. All I wanted was a way for me to get some help for my daughter to wake her up and meanwhile I would get some very needed assistance to provide for my grandson. I’m collecting disability and it’s not much.
I became his kinship foster parent and everything was fine as far as that went but my daughter was making barely any effort to do what DCS told her to do. When she came home to see him in a rare occasion I was happy for him and her!
2 days before thx gvg 2016 I had a home visit and I was sick and in my room while my daughter came over to prep for thx gvg dinner and her son who’s 4 watched tv.
When the case worker showed up Ashley answered the door and her son was there I was told I’m not allowed to leave them alone in the same room. I said ok. She left. My grandson was told to play upstairs in his room while his mom got stuff done in the kitchen and I was in my room next to his.
Well the case worker came back and this time with her supervisor and Ashley answered the door but unfortunately before I could do anything about it my grandson had run to the door too to see who it was before I could get downstairs.
They came to remove my grandson and because he was there the second time they changed their mind of removing him for 72 hrs to indifinitly.
He’s been gone for 83 days. No Christmas and I’ve only had 3 visits. It’s horrifying the power these people have.
My daughters public defender is going to pursue it by saying they illegally removed him because my grandson was not in eminent danger. But every time we get a court date for some masterious reason it gets moved or as what happened last week we get there and lo and behold there’s no evidentiary hearing set? Mysteriously taken off the docket? IDK?!?! I’m beyond sick over this… I’ve spent a lot of time being angry for sure. Now I have to forgive myself for calling the devil into my grandsons life by calling CPS/DCS… I will forever regret that to the day I die.
The only good come from it is my daughter finally got the fire under her ass and been out patient rehab and clean for 60 days.
I read these horror stories and I get physically sick to just think of my sweet lil boy still cries for me and sometimes his mom. We were very attached. I destroyed that, how will he ever trust me again? After having his mom abandon him and his dad, I was all he had and now, DCS doesn’t consider me to have any rights to him or any say or any importance at all.
I can’t stop crying, I feel like I’m dying, and yeah that sounds dramatic but I’m seriously terrified.
If anyone knows how I can get family rights to this little boy I raised as my own, please help! He has to be home before his 5th bday and will be starting kindergarten this fall. No way is a strNger taking him to school on his 1st day!!!
Please please help
I live in Az
God Bless the children ?
Glenda says
I am going thru the same thing you are, and I basically raised my 2 grandkids since they were born because of their parents staying messed up. I was given 3 grandkids 5 years ago by CPS, which 2 are their brothers. I was good enough to have them and never got a dime from anybody and I’m on disability but God has provided, but I’m not good enough to get the other 2. Now you tell me what the deal is there.
Clotilde says
If there were lies by the petitioner in a juvenile court what can I do to proof that it is a false allegations. This is for custody of minor children, 9, 14 and 15 year olds. Both parents died and I am the maternal grandmother who took care of them for 16 years. Can a document signed by the mother who is already dying and was on hospice already legal to the court? Need your answer ASAP. Court hearing is this week. Pls. Answer.
Loving mom says
God bless all of you. This system is the most flawed and they’re kidnapping our children, ultimately bringing trauma and it can be far reaching for the children .it’s the children who they hurt the most and strip of their rights to their parents. Keep fighting even though it feels defeating at times up against such lies, and flawed system. We ALL need to continue to be strong, unite if we can, and make a change .it’s got to change!
rose says
Why can’t I file slander charges against the one who keeps lying. It is simply amazing how quickly authorities believe the devil. Now I face being put on a national registry. This the second time this has happened. When will someone believe me. Too scared to go into more detail here. Will someone please email me some hope. Hearing coming fast.
Jo says
Hello,
I have a teenager whom has been in trouble since 7th grade and is now in 12th. He takes off all the time, steals money and personal items from me, threatens me he’ll call CPS and recently I found out he was selling drugs and was told he bought a car which he doesnt have a license and not my consent. In calling him in to the police for the second time he told CPS I abused him . This time the FOUND me of Neglect because my son told them I threw him out when he actually never came home and supposely I made him sleep outside after locking the door on him in a garage that was infested with rats and had no plumbling…ALL IS A LIE.
I have sent in an APPEAL and asked for an ADMINISTRATIVE HEARING. But no where does it show how I can get my information to them to defend myself which was NEVER allowed in the investigation with CPS. I need to know what I can do to get the information into the right hands to show I am inoccent. ‘
HELP,
Jo
Danielle says
My husband and I was recently notified from Washington, his daughter is in the system. Come to find out, she has been in the system going on 5 yrs. We live in Az. We need help and have no where else to turn. Is there a lawyer that can help with out of state cases?
Danielle says
We also had a lawyer up there, which turned out to be no good, so we had to fire her. She didn’t represent us, in our opinions, how a lawyer should. Nothing but lie after lie, along with CPS. CPS went as far as to hide from the mother, allowing my husband to neinf his daughter home, then he had to take her back
They lied on stand saying that never happened even though we have the emails from CPS, that had made these arrangements.
Danielle says
We had background checks down on both of us. Came back clean, as expected. Not once, but twice according to CPS in Washington. It seemed as though our attorney, was not willing to fight for us, even with proof and Dr letters on my husband’s behalf. All this because he is a disabled Vet. Not once was we asking how things are going with us and the kids here. All they keep doing is bringing up his past way before his daughter was even a thought.
karen says
I have been battling my case for two years now trying to get my lil’ ones back in my care even though i have completed everything that was asked of me to do. I still had no justice with the court or the caseworkers due to false allegations that were put on me. I’m seeking ways to fight my case and need help.
Linda Jo Martin says
Karen, I’m glad you were looking at the “Declaration of Facts” page when you wrote your comment. This is a self-help site since I’m not able to help everyone individually (it would be humanly impossible, and I’m not legally allowed to do that anyhow.) I hope the declaration of facts will help you present your side of the case in court. Remember – these cases are won by a “preponderance of the evidence” so take lots of documentary evidence to your lawyer and to the court to prove your side of the case. Stay strong… I’m hoping you’ll win your case.
Chelle says
My FSRP worker submits reports with lie after lie in them every month. Not only are the allegations in these reports completely untrue, but were never part of the investigation. She’s also giving these reports to my inlaws (they have my 15 month old) and they have things in there that they did not need to see. We are 5 months into this and now just getting supervised visits in our home. I’m afraid if I confront the worker, there will be even more setbacks or she will retaliate with more lies in her reports.
My laywer has said herself that these reports might as well be written by my inlaws. There’s nothing in there about our interaction with our son, why should there be? She’s only witnessed us with him 3 or 4 times…
Loving mom says
On my goodness I can relate wholeheartedly. They lie, assume, fabricate, and write down lies and complete heresay from one person they can find to state negative crap and they bring it to the court and call it all FACTS. It’s so hard to prove your innocence to these snakes.
val says
get in touch with your state rep they can help
Stephanie says
I am in touch with mine and so far all they can do is write laws. We asked them for any help they could do and we got nothing. This is a 4 yr old case. I don’t know where else to turn.
Alysia says
Can CPS force me and my children to leave our home [until] and force me to get a restraining order against the father who no longer resides in our home?? I informed the School of a DV incident that took place over a weekend while the children were away, an EPO was issued [then expired] that did not include the children, the school notified CPS who asked to come to our home on allegations against the father – interview us individually – then at the end announced a “safety plan” that stated we would not return home until i obtained a restraining order including the kids. [ this was on a Friday night btw]
Linda Jo Martin says
Alysia, yes, they can request this safety plan. You don’t have to sign it but if you don’t they might take your children away and take you to court. If possible please hire a lawyer if they continue to be in your life. They may tell you that you don’t need a lawyer since they’re not taking you to court, but having a lawyer is the #1 best way to keep them out of your life, and you can get good advice from a good attorney who knows what the CPS system in your area is like and what their common practices are.
coralie brewer says
I am going to be writing all the documents that are legal can I still file all the legal documents before I get my rights terminated next month please comment asap
Linda Jo Martin says
Coralie, you can create your declaration to present in court at your TPR hearing. I hope your attorney will help you present a strong case and file your documents in advance. Also, if possible, it would be good to have an expert witness to testify on your behalf.
Rene'e says
Can you please read my story and give me some advice?
Sherita says
My children were wrongfully taking from me six years ago. There after, my case was closed admittedly.
Jaybee says
Hello, can I go down to the court house and file the declaration on my own? Or do I need to wait for my attorney to file it?
ThinkActBeFree says
If you could make you attorney file docs, do it – he or she has to do it, but if he/she is not doi g it, do it yourself! I do not know, if the doc should be named like that, i named my differently. I asked attorney to file my view, supportive docs and call witnesses, she never had time. Eventually I said i will do it myself, she answered she can revoce it. Since she did not do anything, did not even advise me, i did file it myself. Judje asked every party, if anyone objects to the doc, nobody did. My attorney said, she supposed to do it, but now what… she will not object either. So do what you can!!!
The problem is on court order or notes, it was not listed, that this doc was taken in review. So now i do not know, if they will see it during appeal. Probably, it is not an answer to the person, who asked a question already, but might be useful for someone reading in the future.
Jill says
I wish their was a declaration of facts submit to the courts from the children s parents but the judge won’t care or read the paper because judges believes cps even if cps lies about things like my story cps ruin my life when they stole my children now it’s been 10 years and still haven’t been able to see my children and they are 12/11 and 18 now and it hurts every day I wish some one would help me
DJ says
I need help please, I am loosing my daughter she is 16 I have done nothing to her to deserve loosing custody; It surrounds her not getting to be with her troubled boyfriend and wanting her way and a multitude of lies. Please help!! There is so much I can not say on here. I have proof of so much that the CPS and courts are not looking at.
Linda Jo Martin says
DJ – she’s sixteen and doesn’t want to be there, and is using CPS to try to get her way? And you want her back? I would do everything possible to protect any younger children. . . but at sixteen she’s nearly an adult. If she ends up in a group home she will regret it and you won’t have to argue with her anymore about her boyfriend. She is old enough to learn a few things the hard way. What I’d be concerned about is any younger children, if there are any. I do admire your dedication to your daughter. I’d go along with the CPS service plan… probably after a few months in a foster home she’ll want to be home with you again. The grass always looks greener on the other side of the fence. In a few short years she’ll be an adult. I hope you two have a wonderful relationship when she’s old enough to appreciate all you’ve done for her.
Jo says
I have the same problem with my son. Problem is two fold. One they CPS declare you of NEGLECT or ABUSIVE which is on your records. Second my son wants to go live with friends whom I dont’ know but CPS wants me to sign over for him to go live with or with a Sister whom HATES me and has tried to bring harm to me thru other avenues which has taken alot of my time to fight her on top of the fact two of her children do Herion and use her home as the in between place to stay and don’t want to have her in control of my son and again CPS wants me to sign for him to go live with her which I wouldn’t do but if they have their way he will be allowed to do.
I need help knowing how to fight them when their is no COURTS involved just an investigation which I just found out they FOUNDED me in NEGLECT of Maltreatment because my son said I threw him out all the time which is a lie, he was gone partying all night and doing drugs and didn’t come home. WE NEED HELP to fight our rights and protect our Family which includes a teenager whom is using the system to bring harm to the Family and themselves.
jonathan says
i have a child she is 6 going on 26 and since her mom and mom boyfriend ran off with her to keep me from having to be with my daughter and to make it seem to her that i don”t love her and now the judge granted me temporary custody the mom and boyfriend talks with my daughter on the phone they tell still have influence on her and they tell her what to say i mean nasty things to me and my family i need to let the judge know but how can i gain her love and trust back if they keep saying things to bribe her to say things and i love my child it hurts
the mom boyfriend have 8 kids and his youngest child is a girl 9 years old they were taking away from him but he not fighting for them what do he want from mines.he is an gang member very violent always threatening me . what can i do
Guera says
What if they came in and never specified what the allegations were against me and tried to bring my past into play. Ultimately removed my children still not specifing why but told me they were going to be taking them. I was given no paperwork or anything at all explaining what just happened just gave me a business card. Later when I spoke to them on the phone I asked same question got same generic answer then asked how I would go about getting them back and pretty much told me to wait til our meeting on Tuesday…
Linda Jo Martin says
Guera, they are supposed to tell you the allegations they are investigating. So, who are the children with? Have you been to court yet? Did you sign anything? If you go to court will you be asking for a trial?
broken8 says
What state do you live in? I am in Mississippi and lost my 6 kids April 21, one a newborn straight from the hospital, and since that day I have spent hundreds of hours online searching for anyone with a closely related situation. I have found an unbelievable amount of families destroyed by cps, with heartbreaking familiarities as far as the tactics they are using since stealing my children, my joy, my reason for everything, etc..I am 34 and had my oldest child when 16, I had never needed any help from the gov, she slept in her bed in her room every night of her life (exc of sleep overs with friends). I gave her everything I wished for as a child of a single woman, and I made her my life until I married the man she chose to call dad, 8 years ago, and began building a family that me and her both dreamed for our entire lives. Five children more and still so happily married and the gov agency I trusted stole my world, and they did so using the same methods as with your family. If you would email me at brokenmomof6[at]aol.com, maybe we could figure out Satan’s whores by comparing our cases and possibly figure a way to beat them without it financially killing us. At this point that is all my husband and I have managed to do successfully. We are going for our adjudication hearing Aug 19th, without an attorney at all. We hired one immediately after the judge gave a very umconvincing performance in their “court skit” and read her lines (aka ruling) but he quit us two weeks ago when he wanted more money but we had none to give. He wouldn’t have gotten it if we did , we can’t afford our own weekends on the coast, much less his. He actually billed us for his “weekend on coast preparing case” and I believe it was $1800. He obviously did more drinking then preparing BC his outline he sent us was a very incomplete summary of the things we told him the first day of representation. That is not important at this point (had to vent for a min), my point is we were unable to get a court appointed attorney in time so we have decided to use this little time wrapping up loose ends, learn a few fundamentals on representing ourselves, and prayer. Regardless of how much we know that by all rights they should be returned next week, we know the same in regards to the first day of this nightmare. Maybe by figuring out the makings and techniques used by our enemies we can find a way to bring them down with minimal casualties. Anyone who is interested whether our cases hold similarities or not, email me as well. While remaining certain my ordeal is almost through, I can guarantee that it will not be the end of my involvement with bring an end to the unreal injustices of the cps system.
Bree Scott says
please contact me im involved with cps and need some help they are railroading me terribly my email address should be attached but my number is 3614360968 thank you in advance
Tracy says
My name is Tracy i just found this website and was very thankful too for this website I too going though cps my cps worker has been making it very hard for me my kids have been gone for two yrs now I have done everything things they’ve asked my cps worker has had unexpeatable behavior but is not being held accountable for action but I’m being wrongly treated my case is being wrongly handled but there’s nothing I can do but pray
Jessica says
I am the mother of 3 beautiful children .
My children have been in the system for 3 1/2 years.
Almost 2 years all visitations was stopped.
1 1/2 years ago I have a termination trial, shortly after judge denied termination.
I have done everything asked of me.
I have gone be on anything asked of me.
I have fought tooth and nail to get my children home with me.
I am so grateful to this website for it has helped me in many ways.
For everyone out there fighting for your children, please read this websight in and out, live by it.
Take control of everything, know what you are saying to anyone and everyone.
I do have a court appointed lawyer, he does as I say.
I also filled out forms to foster care review board, as my family counselor suggested.
I am also working on my declarations of fact.
I might not have my children in my career or see them, but I am still fighting for them.
I do all the work myself, making sure everything is truthful and able to be proven.
I might not have my children, but I am still fighting for them.
I do not count on anyone else but myself.
I do not trust anyone other then myself.
Because of this I am doing everything myself, and I know it is exactly the way I want it.
I do not expect my lawyer to do what I am doing, he does what I tell him to do.
My children count on me, so I must do what I am doing.
I live all this day in and night out.
I suffer from many things, but won’t let it get me down, because I know the truth
Anyone can fight their own case, everyone has tools at their fingertips.
Computer gives you knowledge you need to fight for the truth.
You also can get you court appointed lawyer to do what you want, I have many times.
Never give up, where there is a will there is a way.
Their is always a way, even if you think there is not.
Always stay strong in front of all, brake down, cry away from all of them, don’t show them weakness.
I might not have my children, but I am still fighting.
My lawyer trust me enough to believe I can win in appeal court, that said it all from a lawyer
I did win once in termination trial, as I believe termination is going on the table again.
The funny thing is CPS has no idea what I have done lately that will mess up there idea, I still have many tricks up my sleeve.
I have already set things into motion, and have a person on my side that will be listen to before the rest of them.
Thank you for this website, as it been my bible throughout my case.
Linda Jo Martin says
Jessica, thank you for all you wrote. I would love to know more about how to win in a TPR trial. I’m glad this website helped you.
Jessica says
I kept all paperwork, court papers, service plans, any and all paperwork I kept throughout my case, I also kept other paper work that I have gotten that would help show who I am, as well as places I lived.
I also kept all emails, voice mail, text messages. I have done anything in my power to make caseworker leave paper trail, if they call you then make sure you have a witness or record the phone calls ( as right by state laws).
If there is any injury to children, make your caseworker email a picture or if you have visit take your own pictures.
Keep everything, once you hear anything about going to trial start going through your paperwork, getting a clear idea of everything.
Once caseworkers has set things into motion, its time to take the paperwork you kept, and the paperwork the caseworkers has put into motion and make your own case file, the places that you disagree about find paperwork that backs you up.
Be truthful throughout the case, and trial, have everything possible to back you up.
Many times you can go through service plans and doing you own case file just by that.
Never stop doing or trying to do what been asked of you by caseworkers, if you disagree with something being asked of you, be ready to prove why you disagree with it.
While in the trial, always write down what you want asked and make you lawyer ask the questions ( many lawyer are happy to do it, as you made there job easier).
If child was hurt in care of caseworker, have your lawyer show the picture that caseworker sent to you ( I found out that caseworkers don’t report the injured as they should) and asked question base on the picture.
The foster parents have been preprogrammed what to say on the stand, caught them off guard, asking a question that they was not answering ( example: my son foster mother said I called my daughter bad names to her, it was asked how my son behavior when I had visit, she was caught off guard with no chose but to be honest, saying my son was much better after coming home from a visit with me).
The judges hate he said she said, the judge always likes proof of everything, give the judge proof of what they are looking for.
Show that you want your children back, don’t not wait for caseworkers to do things, do it yourself. If order to do counciling, find your own and start it right away.
If you disagree with some test, have it done by someone else pay for it yourself.
All test caseworkers have done on you, you need to watch out as these test will say what the caseworkers want them to say.
If told to parenting classes, do it, both through caseworker ( bugging them the whole time) then do parent classes on your own.
Go be on anything asked of you.
Know your state laws with family court, know the in and out of CPS and where you case falls in line.
Write a letter to get the case file CPS has.
I have done so many things throughout my whole case.
I always been honset throughout.
I never gave up.
My trial is the only one in my county that was denied as far as taken my rights away.
I have dealt with many mean and cold hearted caseworker.
To this day I stay strong, knowing the truth.
The last thing is take the weekends, and nighttime to relax, as most the business that deal with hurting children are closed.
I hope this stuff helps.
Linda Jo Martin says
Jessica, thanks so much for taking time to write out what helped you win that TPR trial. I hope this helps other parents get ready for juvenile court hearings.
Jessica says
We as parents need to be able to join together, to keep our children in our homes, and out of the hands of the systems that just causes more harm and hurt then good.
I am facing another trial to take my rights away, once again I am getting ready to fight with everything I have.
I will do this trial by myself if I have to.
Going in front of a firing squad is very hard, but it is what has to be done.
I am living every parent worst nightmare.
Once this part is done, I am still not done, I will trying to come up with a way to sue these people.
I can’t even walk near the town without treats on my life.
My body is shot, but I push on for my children. Someone has to fight for them.
Jessica says
After going into court hearing on the 22nd of this month, I will not see anymore termination trials.
The caseworker is trying to go for guardianship on 2 of my children, meanwhile right now my lawyer is working on a motion to have my whole case dropped, and my children returned to me asap.
With all fingers crossed my children could be coming home after 3 1/2 years of living in a nightmare.
To all parents out there fighting for their children and for their families, there is hope as hard as it is, never give up any hope you have.
I know the system, as I been mistreated throughout this case.
If you still have a dream having your children back in your arms, keep that dream.
They can do a lot of damage to you, but they can not take away a love for a child.
Stand strong in front of them, cry behind closed doors.
Where there is a will there is a way, and it’s in your hands.
Do not let the hateful people take away the love you have.
Kendra Noyse says
Hello I been they here a few tea and now I need some advise!
My son’s father after seven years of no contact us with his sister for visitation, decides he’s going to take our son and my daughter his sister to Christmas party I was surprise he invited my daughter! Shortly after that I’m approached by him and my children about becoming a family! I lived at home when my son was born with my parents and I have been on my own without him since! He came into our life told me quit my job be a full-time mom since I never got that opportunity now I’m behind on all my bills utilities about to be shut off left with no car insurance he then went and made a report to CPS stating I neglect my children and they’re in danger he said I take prescription pills and I drink NyQuil to sleep and be comatose wth? The case has now been closed because there was no evidence to support the claims I try my best and I give my kids what they need that what they want he came in our lives and ruined a lot and then tried to take my kids for me I need help reporting a false report and some advice for Family Court
claire says
Can I go and get the case file from the CP’s /DSS office? Is it true that they only have 45 or 60 days to file court papers?
Jodi says
I would like to know how to get their investigation reports as well? Send a letter requesting the documents?
Linda Martin says
Jodi, you can send them a letter requesting access to documents. Sometimes they will agree to letting you go to the office to look at them, or they may agree to make copies. You can ask your attorney (in a letter) to request the entire case file. Some details such as the name of the person who reported you to CPS will be kept private, by law.
Jodi says
Thank you! !!
Tracy says
Hey Jessica :
My situation is similar to yours reading your comment gives me an insight on thing that ml not the only parent going through such as a horrible thing just like u I currently fighting tooth and nail also trying to get my kids back its not easy I cry when I’m alone at times but not as much as I used to I trust my play family and friends when I was in need of little and my kids were took form me twice just before Christmas each time . now a days I stay to myself no matter what and when I need help go to the different resource center like the church food pantrys and clothing closet I don’t go to everyone anymore family or not because people u least expect will call CPS on u Do . now my cps worker is trying get my rites tpred but god say no because god know I can take care of mine I just be glad when the courts and see that .
GH says
We still don’t know what the mother, my best friend, is being accused of. We think that it is poverty. Can they make a basis of poverty to take a child?
Linda Jo Martin says
No, the county should help impoverished families with welfare funding. But we’ve found that a lot of child welfare cases are based on poverty related issues… for example, not being able to fix a hole in the floor due to lack of funds. Impoverished people are easier to pick on because they can’t afford legal help. The bully mentality comes into play as the social worker sees the victim as defenseless.
In my example, the social worker could use emergency funds to fix that hole in the floor, but is more likely to take the children into foster care to get federal funding. This is a drain on taxpayer dollars.
Tracy says
That is so true I myself have in situations where it was something the caser worker could be helding me with she’ll make up every reason not to
marissa says
I have a friend who had a child by a girl who had a drug problem and never told my friend she was pregnant (this was a one night stand) and anyways at the time of birth baby was taken by cps the father was there during the removal and at that time keep in mind my friend never been in trouble no drug charges & did in fact state he wanted his son to go home with him the cps stated this was not an option and the baby was placed w/ his mother he was going to court dropping u.a’s and the day before one of his courts he was arrested and in jail I believe his rights were terminated can’t he do something about this none of this is should of never happened and wouldn’t have if he knew this girl was pregnant please help a true friend in Phoenix, Arizona baby was taken from my friend s mother in 11/14/14
Linda Jo Martin says
Marissa, if he lost his parental rights all he can do at this point is appeal… if there’s still time for that. Once that child is adopted it is unlikely he’ll get it back… though if he has a good relationship with the adopters he might get visits.
Tracy says
Tell ur friend god has the last say so tell him and his family to continue to fight and Pray if you and yours believe pray changes things that it will
Whitney says
I know this post is many months old but I know if the father did not sign birth certificate when it was file for than he is not the father so if he isn’t father than they can’t take rights thay were his to begin with, so request paternity test and ask for life you were robbed the legal rights to be a father.
Billy Joe says
I need to know if anyone can steer me to information on can a person record audio/video of child pro serves well there in you home? I tried telling the supervisor what these case workers are doing and saying to my kids and wife. this is just one of 20 things they say to my kids daddys dont love there kids as much as mommy, if u dont want daddy here i can help get him away,things in that nature. if anyone can lead me to case law saying i can record them or an attorney who will just lead me in the right direction. i have no money i work 4hr a day i get pars ssi.any help would be greatly appreciated. thanks
Linda Jo Martin says
Billy Joe – here is a state-by-state guide to audio recording laws: http://www.rcfp.org/reporters-recording-guide/state-state-guide
Tracy says
That is against the law sue
Katez says
I damn well recorded my dcs FTM bc all of her lies and broken promises she’d go on and on convincing my husband to trust her she’s got it all worked out well that was started last few days of Dec 2015 and have several more since then I now record any conversations whether in person or phone call and once we had enough of broken promises we let her know that it was ridiculous and illegal to keep our children for no reason it’s been 16months and they just keep changing excuse on why they’re still in system. Our last progress report FCM lied throughout the report to make us look like we hadn’t been 100% compliant but we have Been compliant the whole time. Well point of story after letting her know we have recordings since there was always confusion of what she said and I told her I knew for fact she was a liar…..anyways 20mins later she had two calendar months wrote out of transitioning from partially supervised in home visits (which we’d been doinh for two months 6hrs week) for you go l)
Stormy says
My brother and sister-in-law are going through a case, where they are saying they abused their children, and are now trying to terminate their rights. I live in another state and have offered my home to them, even told them I’d come get them but now DFS is saying I’m not allowed to get them because I’m in another state and that they will be going up for adoption because none of the other family members are a suitable home that live in the same state as father/mother. I’ve never been in trouble with the law, I have a big enough home for their kids and I want them to be with us if their rights get terminated, what do I need to do to get a message to the judge. I feel like the case workers for DFS are acting like I don’t exist because they want to adopt them out! My brother and sister haven’t even been charged yet, not proven guilty or anything and they are all ready trying to send them to court for termination of rights. Help me so I can get my nephews please!
Linda Jo Martin says
Stormy, once the rights are terminated you will no longer be considered a relative of the children! The caseworkers probably already have a family picked out for adoption and don’t want to do a complicated interstate transfer. The only hope you’d have is to be in that county with an attorney helping you. Right now the caseworkers are thinking “out of sight, out of mind.”
Angel says
Someone placed a call to protective services stating that our children are being neglected due to illegal and legal drug abuse. There are absolutely no illegal drugs used in our home, however I am under the care of a specialist and take several prescriptions that can be abused. We feel people are doing this to increase their chances in an upcoming custody hearing regarding one of the children. This investigation will absolutely affect our chances of keeping custody. The worker that wants to see me left a card but wont be back from vacation till next month. What can I do? How much of my medical history can they use against me?
Linda Jo Martin says
Angel, if you’re using medical cannabis it could be a problem… or methadone. Other prescriptions should not be a problem…. depends though on what the reporting party could have said about your ability to care for the children while medicated. The fact that the worker won’t investigate until next month shows that they consider it not a matter of “immediate need.” They should take children only if there’s an “immediate need.” This would be a good time to get a lawyer.
Kristy says
I can not stand someone giving advice that seems to have no clue. Call me CRAZY but I come from very abusive background, parents are model citizens with great job, homemaker, summer/ winter vacations, immaculate home, beautiful home, don’t smoke or drink or do any drugs legal or other wise & they were both crazier than Cooter Brown!!!! I am from the America that gives me the right to put what ever I want in my body & as long as I do not do anything crazy or detrimental to my kids or others I should be left alone period!!!!! I enjoy my cannabis & drugs, what ever it be……I have always acted responsibly & taken excellent care of my children. They have everything they could ever want, they are loved, taught to do good to humans, animals & the earth. Not to steal, work hard be respectful, I could go on …..DRUGS ain’t the problem it is the individual!!!! My kids/my lives/life will never be the same because of the CPS racket they have going today!!!! It is such a disgrace!! When it comes down to it there are children that need this type of agency’s help……but 80 out 0f 100 are nothing but money making injustices we have allowed to creep into our societies!!! So BABE, why don’t you chill & go smoke a joint !!!!!!
Tina says
I left my ex husband in 2012 with my 7 month old daughter. My ex husband filed charges for stolen vichicle. It was dismised afer a year. My ex husband physicaly abused me . I filed for a PFA in the county i was from before i married him. The attorney i had at the time would not file change of venue. I hired a second attorney who did not follow through with change of venue. My husband filed an emergancy court 1 week before my daughter first birthday stating i was neglecting my daughter due to the fact i had to take her off of her simalac and chage to whole milk. I had letters from peditrician stating it was ok for her to now change to whole milk. Temporary costudy was still given to my abusive husband even thought i had a PFA. It was later found i was not neglecting my daughter. We had a trial to come to agreement where the judge and my ex husband attorney stated that i would not get costudy did i want to continue with trial anyway? I had asked for time to get yet another attorney but that was denied by the judge. My ex husband later pull another emergancy court stating i had been late to my visitation with my daughter. He and his family were cautht in lies . the judge still did not rule in my favor. He moved my wednesday visit to their county and shortened my time . I finally obtained costudy in the end trials . I made many hours of testimoney to the physcal abuse my ex husband inflected upon me. Black eyes ,busted nose, bashed head, choked, busted lip. knifes pulled on me , many threats of being killed and almost he almost hit my 7 month old daughter. The judge still palced priamary costudy with him . The Judge did not rule on the abuse or the reason for his ruling . just at his decretion. I want to know what i can do about all the wrongs that have been done to me ? How can i file for a change of venue after all this time? or can i ask for a new judge? I now have my own place and i work a full time job.I am still fighting to change costudy of my daughter.
Linda Jo Martin says
Tina, did you talk to your attorney about filing an appeal? I hope you are praying about this. God can work miracles, and your child needs to be in a safe place. I feel for you because I was in a similar situation a long time ago. I admire you for working full time through this, and continuing to fight in court for your child’s safety.
C says
I made every mistake with CPS I let them in, I signed there declaration, my husband took them to their doctors. I’m so scared I feel doomed. Do I have any recourses”
Linda Jo Martin says
C – learn as much as you can by reading this site and others like it. I don’t know where your case is at… can’t advise anyhow because I’m not a lawyer. You need to be able to talk about this with a local lawyer.
Qushanda says
I have court in a couple of weeks for an order of protection against me for my son. The CPS worker found me guilty according to their findings. My 14 year old at the time son alleged I abused him. When taken to the hospital the medical examiner was pointed out some old scratch marks and bruises from aprevious accidents. I filed an appeal and plan to represent myself. Can I use a Declaration of facts.
Linda Jo Martin says
Qushanda, I don’t know what would be the best paperwork for your appeal. Can you consult an attorney? I’m not an attorney, and have never done an appeal.
Sofy says
How about when your fighting CPS to look past the police badge when the abuser is a police officer and not the father of the child WHAT do you do then. My sister got involved with a Monterey County officer and his been able to jump a the loops by pointing the finger that its all my sisters doing. How do you make cps look past his cop badge and see the family concern for the child, what do you do then. He works for Greenfield
joy says
Can I use this by my next court date .Monday October 6 is a disposition hearing
Linda Jo Martin says
Yes, Joy… start writing your declaration. Take it to your attorney and ask that it be presented to the judge. Also if they give you court paperwork with misunderstandings or lies in it, write a Statement of Objections and Corrections. Good luck.
You need to get YOUR side of the story submitted to the court file – or the judge will have no choice but to go with whatever the social workers write.
annmarie says
I live in England im haveing to go to count to get my kids back and to stop the social services from putting my kids up for indopson but im not getting help its been going on for 6m now and still got no were can I use any of these here as I dont no what else to do
Linda Jo Martin says
Annmarie, I’m sorry – I don’t know anything about UK law… but our law was originally based on yours. Try it and take it to your lawyer and see what they say.
Isaac says
I got my visitation rights taken away, when my ex girlfriend called CPS and made my kids make statements about me spanking them and made up some bazare aligations. I havent been able to take my kids to a ball game nor able to celebrate birthdays. We broke up because she was a cheater, ended up cheating with a family member. Of course we had problems I could stay with her just for the children. I have CPS asking for drug test and all kinds of programs i have to take. How long will it be before I could take my kids out for a bite to eat. Why are some woman so spiteful./???? Life is hard enough as it is….
Eva says
dss keeps adding thing after i completed. all original requirements how can i contest. newly added crap. in court
Linda Jo Martin says
Eva, when you get a social worker’s report to the court, respond with Objections and Corrections to the Report of the Social Worker. Create your own document and then give it to your lawyer to present to the court… if he/she will.
Mr.Scott says
I recently found out back in September That a woman I was involved with gave birth to a baby. When the time when she was pregnant she used heroin and when he was born on 4-4-13 he tested positive for drugs. CPS stepped in and to take care of him and placed him with a family the mother knew where he has been all this time. I became aware of all this back in September. I recently got the DNA results on 7-3-14 and he is my son. What should be the next steps and what rights do I have. Note the mother is completely out the picture.
Josh says
I have a question.. My mother got tempary guardianship under FAULSE alligations… Yet no one has asked her to prove then I have paper work to disprove them…. What can I do please email me J.MullenCo[at]Gmail.com or JMMullenCo[at]Gmail.Com or JMullenCo-Ceo[at]Live.com thank you it’s been almost a year I want my daughter back….
Linda Jo Martin says
Josh, do you have a lawyer? Is the CPS case closed? If it is, you will have to file for custody in family court.
cynthia says
I really need help!
I live in Alexander city, al
DHR took my son on complete FALSE AQUSATIONS!
my court appointed lawyer is doing nothing
I’ve researched as much as I can
If you can help or can help me find someone to help me, please email me
cb4250[AT]gmail.com
Thank you
Matthew says
Almost two months since my three kids have been detained wife arrested cops called me said im on my way my birthday when i got thier they said cds had already left thier was nothing to do .
i left two messege at chico office when i arrived at. Cds monday morning i was first told sorry the case worker himself said sorry i didnt come out of police station he was doing paperwork and then stated it was out of his hands and up to courts on wed i was.
Then belittled and degrated as i could t stop crying i had a witness he then told me to look at him and said u want to hit me i. Said no i then got up. And left o. Wed morn i seen aligation i threAtened him my witness told him it was not true he then.
Said he change it to a threating mAnner he told the judge he tried numorous times to give kids judge ordered him to come out to check house he did i asked when do u think i might get kids he said should be wed again court he said after i asked about kids he said i exppected to follw that min to get but since that wasnt case.
I left the room ive never threatened this guy or called him names hes not proved or even wrote how ive been violent but yet im 3 days from trail they have. My kids based on violent he lied to judge said he waited over two hours to detain never tried to contact me help me the story goes on and thiers so muchmore ive had to drug test to see kids
Renee says
I’ve completed everything they’ve asked of me. my substance abuse treatment. my warrants. my parenting classes. i’ve been in therapy this whole two years nd medication compliant. they wont change my status on my court form. it states i’ve not completed services. i havent seen my daughter since she was 5 and will be turing 7 this month.they constantly refuse my requeat of visitations. my child worker says they started the adoption process and took off the concurrent goal of reunification. i didnt know they could change the goal staus in between court. i dont know what to do. the lawyers in my city seem to not be interested in my case and im guessing its because i work a $9 an hour job. when i state this the demeanor changes. im scared my next court date in sept will be for tpr.
tori says
I wanted to ask. I am writing my declaration and i have just found in my files that a document that was the subject of the whole purpose of the case is found to be of a person by the same name but different case # and wrong minors name. Can i use this as evidence and how can make this my solid rise of evidence to prove false allegations.
Linda Jo Martin says
Hi Tori, you could try it. But keep in mind that whatever else they’re accusing you of will still stand. CPS usually doesn’t admit a wrong, and they’ll want to say that regardless of what started the case, you still need their “services.” This is definitely worth talking over with your attorney. You do have an attorney, I hope.
kathy says
i have a situation where my daughter has a metal illness and is violent.she hurt her sister but had push me and i fell hole in my lung. my lawyer went with me to court so they would not give her back.i wanted them to put her in a residential home and satablize with new medication.they put her into foster care and pb officer wrote a lye on report statingshe was removed to keep her safe.when it was oppisite. please can you help me
Linda Jo Martin says
Kathy, I’m so sorry that they took your daughter. The only help I provide is what’s written on this site. We also have a support forum where you can learn from other parents: http://forum.fightcps.com .. and a facebook group and facebook page.
Ruth Chichester says
While the purpose of this post is to inform those struggling with this issue on how to handle their cases, I must disagree with the content of the statement you gave as an example.
In every situation with legal components, it is within your rights NOT to say anything to anyone. It’s called the 5th amendment: the right against self incrimination. Unfortunately, what too often happens in these cases parents are essentially railroaded by a system and their rights are completely ignored. IF you have court appointed counsel, they typically advise you to just keep quiet, do what they say, ride it out and you’ll get your kids back. But, that is NOT always the best way to handle it, as most do not know the state has hidden agendas and motivation to KEEP your kids in care.
In my most recent case, I had an attorney who simply felt it best for us to say NOTHING, irregardless of what was presented in court or in the case files. However, those case files included the LIES that became “fact” in my previous case 15 yrs old,from another state and were essentially heresay, all UNFOUNDED, but the state included that as their “evidence”. And what was documented in those files did NOT represent my HERE and NOW, or the lives of my children!
You have got to remember, CPS and the state’s attorney, has the job of “proving” you guilty, and will use any means to do this! YOUR job here is to MAKE SURE the TRUTH is recorded too! Even if it doesn’t help your present case, as long as that truth is in your case file, you can have a legal leg to stand on in the next proceedings.
So, do not let anyone stop you from documenting everything, but what you present to court as your
Statement or Declaration of FACTS also wants to be the POSITIVE things you can present which speak to your effective, or good parenting and care of your child.
It’s a legal “slight of hand”, as magicians would say. You know it’s not “magic”, but the magician’s skillful use of his hands during the trick, which redirect your attention away from his manipulation of the elements, and the whole of this give the impression of a “magic trick”. In your case, you much redirect the judges attention away from the reports CPS presented with all the NEGATIVE elements of your case to YOUR presentation of the positive as well! And just know, most CPS workers are only taught to write a report to the court of all the negatives they see, all that is “wrong” with you and your child. Typically, they will not speak to what is GOOD about you or your situation. So, if there is GOOD, YOU must be the one to voice it.
Yes, it’s hard to find your “voice” in these things! You don’t get a chance to speak in court. Or your attorney refuses to do so! And I know what it feels like to walk out of court going “WTF??” what happened here and, ultimately WHY??? Why me??? Right?
I’ve been there! Unlike the above example given here in the statement of your “perception” of the reality of the situation, you want to present your case to the JUDGE in the BEST possible terms. NOT how you were “wronged”, or all the ways the state did not do what they were supposed to. The judge doesn’t CARE about that stuff, honestly! HE needs ALL the information to make a good decision about your PARENTING, NOT about your current circumstances, or all the “bad handling” of your cases. They are investigating you for a reason, they had something: a false report, or word from another professional, a bruise or injury, or whatever. It matters little NOW what reason brought them to your doorstep or school. You NOW are burdened to show the court your proven TRACK RECORD of “good”! Your history, what you have done so far for your child. Ways you are caring for them and yourself, and if there are “facts” among the accusations which speak to areas where you can be perceived as failing your child or yourself, speak to exactly WHAT you have done and are going to do to improve in those areas. Like, if you are accused of having mental problems, instead of fighting them and arguing you don’t need help, speak to how you will seek therapy or have already done so.
It is very easy to feel as though we’re just victims of these difficult circumstances, but the FACT is NO ONE can determine your future but YOU. YOU do have the power to make the necessary changes to improve your life and your child’s life! NO circumstance is just something that happened. Everything is a direct consequence of YOUR actions or your decision not to act. Owning up to these, directing your attention responsibly to what you CAN do to make those changes goes a LOT further in your cases, than shifting the blame to their mishandling of the case!
I have a documented statement which WON my case and I will be happy to share with anyone in need. Please address a message to our FB page here: https://www.facebook.com/pages/Victims-of-Social-Services-Unite/123243691095418
Good luck to all going through and know you’re not alone. We’re pulling for you and praying for you always.
Linda Jo Martin says
We all have heard this: “Anything you say can be twisted and used against you.”
Anything you put in writing in a declaration of facts or affidavit can be twisted and used against you.
I would not tell you what to put into your declaration of facts, but I suggest you stick to the facts, not the possibilities of future actions.
You gave an example about making a claim that you’ll be seeking therapy in the future, and putting that into the declaration. A caseworker could use that statement to say: “See, she DOES have a problem because she’s seeking therapy… that’s proof.” How do I know that? Because it happened to me 20+ years ago; my case was based on me being battered.
It is very important, when writing these declarations, not to write anything that could be construed as self-incriminating… because once you sign that statement, everything in it can be used against you in court.
This is why I suggest sticking to facts. Positive facts such as “I have a college degree in Education,” or “I have a job and am able to support my children and afford child care” . . . those types of statements are facts and would give the judge a good impression.
Melissa says
I have a 9 months old girl that has been remove from my care since she was 4 months because I have discovered something that even if I tell it nobody will believed. I’m a very devoted Christian and from the time I was pregnant until when I gave birth , I was praying for God to protect me and my child.
After I gave birth, my mother in law came to assist me then she wanted to take the child.
I then contacted the police then I left my house to stay at a friend house.
I realized that as I was praying for my baby she will act strangely.
So I continued on praying. Then a month later the friend I was leaving with start complaining about my child’s cry although she does not cry very much.
You people need to know why ACS take your child. It is not because they are in danger but this country wants to destroy you all and have you under control. When they take then they initiate them so that they can be mind controlled.
Ask yourself why people always ask if your ear voices?
There is a mind control program that your government wants to impose to you , so they need to take those kids and they lie all these lies.
I have seen that with my own child and my story is so awful that no one will believed me.
I have picture of what they did to my baby. When I was praying for my child before they take her I could hear something strange in her.
Then I command that think to come out in the name of Jesus, what I have seen I have never seen that my whole life.
It was as if a baby snake just left her.
Then the next day I had an appointment at the social service, when I went there, the social worker agent was trying to play with my child but she was not paying attention to her, then she called an ACS worker who with two polices officer came and took her.
We went to that their office then he told me to wait for him to call his manager and we could talk as I was waiting he came to me and ask for diaper but I refused and requested to see my child. When he brought me in, I could hear my child crying to death then I ask him what they were doing to my child, so he brought my child half nicked and she was bleeding in her behind.
I knew that something had just happen to her , then they call the security to take me out. From that day, they put my child in foster care . Because I discovered that when they take our child they do very weird thing to them.
They came up with all lying story about me but , all their story do not match with me because I do not smoke , drink and all the mental evaluation I have been trough did not show nothing bad with me.
I was in court and my case worker was not even able to testify she just said that she lost her memory and do not remember anything.
When I go to court even the judge cannot look at me because I have discovered what those evil do to our children.
I have picture I took from my child as soon as I had a change to see her but you will not believed what they did to a baby.
Now they advise all lawyers in NY not to take my case.
But I’ll fight for my child with or without a lawyer because what I saw them doing to my child before my very eyes is criminal. The allegation ACS made about me of child neglect have no evidence . However , I have pictures and video of my baby from the time she was 2 second years old until the day they took her away from me.
The free lawyer appointed to me by the court told me that ACS has no strong case against me that why they are requesting the judge to adjourned the case all the time.
No evidence , but my baby is in foster care. However , I have all evidence against them, pictures, videos note all that you can think of.
This is a criminal and evil system and do not try to fight them with your intelligence but God can fight that.
We need to pray seriously for that evil to be destroy.
e.helen says
I am so sorry about what has happened in your life,thank you for putting it on the internet,i would like to incourage you to have some faith in the systum,i have some i have been fighting for my kids back for 3 years,my girl will be back after xmas and my boy hopefully in feb.Some of the people working in the systum must be good people.your right about getting holly help god as you belive i belive in holly beings.i pray and hope moral disapline and calmness will show i am ok,one person can make a difference ,look at nelson mandella,still theese times are very dark at times and prayer for all help possible is needed always,spiritual power and the energy to effect change in action too,yes its not intelect but using intellegence we have to develop ourselves to become the best we can for our kids in the future and the beings we will become in the future hopefully developing ability to really help bring possitive hope to others.
i belive you and how ever low you feel never give up,i hope you are in a safe place with friends you trust and away from any negitive inflences,please try to look after your self to gather all your energy for the fight,prayer is real mind action is real.I have work to do in a different lanuage to get my kids back its difficult but preperation i find is most of it.i show them im ok and i now see i have to stand up to fight in all ways,it is daunting ,there are alot of people who are good and im learning to speak up but also try to conect with professinals how they are even when its not how i am espesilly in a different culture.everything changes.everyone can pray and dedicate and try to do possitive things to help,any good action or mental or physical possitive deed can be dedicated to developing true wisdom and spiritual power to help transform all this.everyone can overcome any mental negitive disorder and find peace and improved mental health ,all can change.
Christine says
I wonder if I can report CPS for neglect of mental health care, and mental abuse by isolation from family & friends?
Christine says
arrrgggg, appeal still on this afternoon. Caseworker got a court order to stop visitation. Boy went from ‘fine and happy to be home’ 30 days ago by testimony of school guidance, licensed counselor, & hospital release papers to who knows what after having only 2.5 hours of visitation between boy and any family. What have they done to him??!!!
Shauna says
Hi Linda,
I don’t understand any of the state law and court law when it comes to case that involved my children. My son that is in kindergarten didn’t go to school Thursday because he got a big bump on his forehead from falling face flat inside the bathroom. He was running toward the bathroom he tripped and fall. I even reported to the school. Took my son to the doctor. got a x-ray report back, nothing …he was fine. Although when he went today at school there was still a bump but not big, but it is bruises, and also below his eyes. I even email the teacher and let them know that my son is coming to school, there is a bump on forehead, due to the fall. If they find that it is not ok for him to be in the class because of that, than let me know, so I can pick him up. Today at about 3:30 4 police came knocking at my door. And ask for me and my husband. Came to find out there here to take my two small children at home in to protection custody. They already have all 4 or my kids at school. They interview them, even my nieces that goes to school with them. When I asked what happened all they said was Were just taking the kids to the protection custody because there was some old case about the kids and my husband. I told them about what happened to my son forehead it was an accident, they still didn’t care about. All they want me to do is to get more clothe for my babies. I feel like they walk all over me and my husband. This was an accident. Kids tend to do things that us parents tell them not to …such as running inside the house or else they will get hurt. They ignored those things. But when asked when are we going to see the kids, they said that we are going to have a family meeting, with cps, and all other department. And make a plan to where the kids is going to be place at either foster care or my family. And the caseworker told me that it will take time maybe weeks, month until we go in front of the court. We moved on from the past, we went through all the services that the last judge told us to do. We’ve changed so much, even the way we discipline our kids, we reasoned with them using the Bible. Our kids love us, we loved them so much too. Our kids always write us something says we love you mom and dad, and draw a picture of our family of 8. They always give us hugs and kisses even if they were grounded for not obeying. I feel like they violated our rights. They make me feel like a bad parent. How can you help me with this situation, and what can I do at this point.
Christine says
We had our 14 yr old grandson taken from our custody 4 weeks ago. The caseworker committed perjury to get the order. We have an appeal on Friday with CPS to prove the perjury. I have documents from school that counter caseworker claims. Meanwhile, I’ve had 1.5 hours visitation total and now CPS is cutting off all visit and cell phone contact with all family. Child is deteriorating, he started Zoloft 4 days before they took him, dosage was increased 8 days ago and he wasn’t doing good 6 days ago. He went to hospital, caseworker has told multiple stories about how he’s doing.
CPS cancelled the psychologist I had lined up before they took him. They haven’t taken him to theirs yet! They cancelled his biannual dental app’t and are taking him to a different one. They set up eye exam with new dr, although he just had a series of them 5 months ago to get contacts. Child claims to be bisexual and I insisted on a separate bedroom, they’re threatening to move him 3 hours away if I continue to insist on that.
Our primary hope is with the appeal on Friday, but they will have 15 days after that to make a descision, but “may require longer”. Court is in 20 days. Meanwhile, child is in new school and isolated from family, familiar drs, old friends, etc.
I’ll be rewriting my appeal using the “Objections and Corrections ….”. Do I need to file this before the court?
clarita says
THIS INFO must be shared with ALL seeking guardianship in TEXAS for their ADULT AGED CHILDREN with intellectual and mental disabilities as GUESS WHAT ? court apointees for the “proposed ward” ARE PART OF THE DEAL and SOME OF THEM ARE PsOS and YES I STATED THAT as THEY LIE,libel and smear parents that have absolutely NO MARK AGAINST THEM resulting in bdenial of guardianship and EXPECTING the case to then MOVE ON UP from these hearings that have NO DUE PROCESS,the accusations and libel STICK on and ON,the SAME AS CPS. mygawd I WISH I HAD BEEN WARNED AND INSTRUCTED ON THIS ASPECT OF SELF DEFENSE.
kimberly says
This is my 4th time of having my children removed im told by child protective services that i will never gain custody again . Even though the in home thetapist testified she left my door unlocked im still the one who is being blamed for my child gettung out side what if anything can i do?
Linda Martin says
Kimberly, do everything you can to make a positive impression on the JUDGE… remember, the CPS workers aren’t the ones making the final decision about where your children will live. Complete everything on your service plan. Document everything. Take your declaration to your attorney; that’s who should advise you about what should be in it. I wish you the best of luck in doing all this. Keep your sanity despite the depression that is common during a CPS case.
clarita says
you better rethink WHO GETS THAT DECISION MADE and it sure as HECK ain’t the judge–how many PROVEN reports of these esteemed CPS workers LYING ? the judge bases his decisions in the majority of these court room HORROR STORIES on WHAT ???? the TESTIMONY FROM THE TWISTED MINDS OF THESE CPS FOLkkS.
Linda Jo Martin says
Yes, the judge makes the decision. If the social worker lies in her report, it is up to us to refute that with Objections and Corrections to the Report of the Social Worker. If the judge gets only incomplete information (as usually happens with weak defense attorneys) the judge has to base an opinion on what was received.
Crystal says
This is in response for Becky I dont know if this will help…I realize alot of time has gone by but without seeing the actual paperwork the abbreviations could mean anyone of these terms. I am also going though a DCF Case in Connecticut and its been 2 yrs as of this pass June; I have filed a federal lawsuit already and now the social worker has retaliated by filed a motion for TPR so any help anyone can advise me what to do is appreciated.
OV – Obstructed View, Original Version, Organic Vapor, Occasional Video, Oxygen Vent, office visit
UK – Unknown,
XX – Double Cross, Roman Numeral 20, female chromosome
UH – Unable To Hear,
AP – Access Point, Accounts Payable, Advanced Placement, All Purpose, Acquisition Plan, Anti-Personnel,
Application Protocol, Administrative Personnel, Accounting Period, Attachment Parenting, Another Parent,
Alternative Power, Acquisition Plan, Additional Problem, Absent Parent, Approved Permits, After Payment,
Age Progression, Alternative Possibilities, Attitude Problem, Agony and Pain, All Propaganda, Associated Propaganda, Antibiotic Protocol, Addiction Professional, Administrative Professionals, Accuracy Problem,
Approved Permit, Awkward Pause, Administration Package, Assisted Play, Always Pessimistic, Attitude And Persistence, Auxiliary Passenger, Accommodation Plan, Authorized Personnel, Arrested Person, Affected People
NO – Not On, The Number Of, Number, Normally Open, Not Organized, No Office, Next Opportunity,
Neither One, Noise Ordnance, Normal Output, Next Operating, Nameless One, Nursing Office,
Ans – Autonomic Nervous System, Advanced Network Services, Always Needs Service,
MO – Monday, Missing, Medical Officer, Method of Operation, Multi Objective, Male Only, Move, month,
Major Objective,
FA – Frequently Asked, First Aid, Family And, Floor Area, Functional Area, Final Answer, Female Adult,
First Appearance, First Alert, Failed Answer, Form Application, Functional Application, Fast Action,
Field Agent, Family Administrator, Failed Appointment, False Alarm, Financial Aid, Final Approach,
Filing Action, First Assistant
Crystal
Jack says
I have a question. The court appointed attorney that i have now is not stepping up to the plate to help me at all. At one of my hearing’s i told her that i wanted to file for an appeal and i signed a writ to petition in the court room and she told me she was going to file it for me. But she failed to file my appeal notice and never even told me she wasn’t going to file my appeal. I request to the court that i wanted to dismiss my attorney on the grounds that she wasn’t looking out for my best interest. I was turned down by the court on my request and I asked as why, and the Judge said that the response was sealed in my records and that i could not see it. I thought by law any person that has a court appointed attorney is allowed to dismiss that attorney if you feel that person is not helping you
Linda Martin says
Jack, have you tried talking to the elected governing body of your county about this attorney? Since the county is paying for her… they should find solutions for you.
Bill says
Prineville CPS a bunch of power hungry morons. My grand Kids and their parents lived with us for over a year and recently moved out. Baby got into drugs and all 4 kids taken from parents. OK With that, Gand parents both work for cities and live in the valley, no criminal records. Beg CPS to give the children to us, NO! told them we would rent a house in Prineville if we have to. NO! Give the children to a relitive the kids have seen 3 times in a year, that uses medical marajana. Kids beg to go to granma and papas. Shawn & Ryan you will be hearing from our attorney, By the way, because a person ask a question does not make them pushy. They are way out of control, if you dont kiss their ass you will be punished.
Maggi says
help cps has taken our 19 month grandson because he got out a screen door and into a busy street 3 houses down now all of a sudden my home and self arent safe what a bunch of crud. Please help Monday is the court hearing havent been given a attorney yet they want us in court.
Linda Martin says
Maggi, you can get feedback on your case at our message board. There are other grandparents there.
Beverly says
We are currently seeking a new trial via habeaas corpus for my father was accused b/c I was asked questions by a cps worker without representation on my behalf. You can imagine what happened from here w/o me writing so. i was taken from parents by cps for 10 yrs. and my father was imprisoned by a false accusation and lies for 18 years. 25 years later, here we are, still fighting this case! DEMONS TRUELY EXISTS, YOU GUYS!! BEWARE!
Marilyn says
I discovered, nearly too late, that DHS in Hawaii has a mandated policy to submit any written report that involves safety issues for children, written by any party. CWS was not putting my written comments into the record until I sent them their own mandate. No attorney needed.
jrenee says
Iam a peternal grandmother,i called cps after an alledged accident while my grandson was in girlfriends care,cps went to talk to father and gfriend then went to mothers house and told her not to let me alone w grandson.no one ever talkd to me.in court i wasent there because attorney said it wasent about me, i got ordered visual supervision.now i called cps again when signes of abuse were on my grandson,the griend is not allowed to be alone with him.now cps says i have to go through the courts supervised visitation if i want to see my grandson,my son used the system in retailiation for me calling cps.ive never met or talked to any cps workers other then when i made the report.what do i do.
Linda Martin says
Jrenee, quit calling CPS. They will only make things worse for the entire family. I guess you know that now.
morgan says
i tested dirty for meth a year ago and my termination hearing is in a month. ive done everything they have asked except having stable housing due to various set backs. i live everyday for my babies and i need advice quick
Lucia (grandmother) says
I did write before about my twin grandsons that were taken Oct.5th and out of FEAR we were never shown the order to do so. The judge signed the order after 79 hrs. and didn’t see it for 3 wks. CPS lied saying an investegation was done and the babies needed to be removed. There was never anyone at my house except to take the babies.We can’t find 1 attorney that will stand up to CPS from Ozark to St.Louis,MO.. I hade a visit 1 time since 10/5 and the father hasn’t had any. 12/22 is another hearing and even though I have been approved for foster care kinship, the case worker told me Fri. She will NOT recommend the boys to come back even though my son moved out 45 mins.away on 10/5th I asked her why and she said she is going for a permanent placement. Please Help ? These LIL GUYS are getting thinner and thinner. they are Special Needs Children. Please?
Sheri says
Can I submit the Declaration of Facts after the depedancy hearing at my reveiw?
Linda Martin says
Sheri, yes… I would submit a new one at every review. Also, any time a social worker submits a court report you can respond to it with Objections and Corrections.
patty says
Thanks for all your information
im preparing a letter for my daughter right now to petition the courts.
her ex husbands wife decided to call cps on her and now for a year they have been in her life and children are in home (wards of the state) just a plea….. please dont ever call cps if a child is healthy , happy , clothed and fed. over a dirty house is what got them involved and now we are fighting daily to keep her 3 children.
CSP IS A NIGHTMARE!!!
Alexandra says
I spent hours preparing my Declaration of Facts and when I was done it was good. I gave it to my Public Pretender who practically glanced and gave it right back to me.
My Declaration did not make it to the judge, and was pretty much ignored completely in court.
Help?
these cps workers are lying and trying to terminate my rights. i have literally done every thing they have asked. the foster caregiver wants to keep my baby so badly. 15 months into it and i still dont have unsupervised visits. Please, someone, help. i am dying inside and about to lose my 15 month old daughter. email: nottuvthisworld-at-aim.com
Southern CA
Linda Martin says
Alexandra, if your declaration is ignored by your attorney you can do one of these things:
1. File it in the case yourself at the county clerk’s office, though it is better to get an attorney’s blessing on it first.
2. Send it to your attorney with a cover letter demanding that he read it and give it to the court unless he can come up with some very convincing reason why it might hurt your case.
3. Stand up in court and tell the judge your attorney isn’t willing to give you an adequate defense and that you’re entitled to better representation.
Peter says
try attaching an other letter to your court appointed pretender that he is to file your declaration with the court and if he doesn’t you’ll have proof he violated your due process rights and then sue him for legal malpractice and also report the appointed pretender to the bar with a addition complaint.Also consider filing
a civil complaint in U.S. Dist. Court in Pro Se.
(not an attorney, but a Pro Se individual who has already filed a civil complaint in Fed court). Good-luck.
michelle says
I am wondering how to right a letter to the state senitor? I am going on 3 years now, on second court appt. attorney, and I still am not allowed to have a visit w/ my son. Soon as I get close to what they tell me, they push something else on me. My son wants to come home, and wants a visit, He told me on the phone.
Well because I told case worker that, I am not allowed to speak to my son no more, not allowed to send any packages, and when I do I have to send it to the case worker. I am not allowed to put “I miss you, or I love you” on any letter are cards I send. They have been lying so much to me. I sent a letter to the judge, it was sent back stating- “the judge will not read your letter, you need your attorney”. Well my letter stated my attorney will not help me, I think he is in Cha-hoots w/ the case workers..
I’m in Louisiana, is there any help/advice you can give me. Please someone, I proved to be a great mom! Because I cry, I am crazy the caseworker states! I just miss my son, and he shouldn’t be going thru this.
Linda Martin says
Michelle, it is true you’re not supposed to write a letter to the judge – that is called ex-parte communication. All parties must be notified of all communications, so a court document is the correct place to state your case. The documents you create should be submitted through your attorney. Please read this site; it would help you quite a bit. Read Make Your Court Appointed Lawyer Work for YOU but do not copy my letter. Make up your own letter about YOUR case to send to your attorney along with your Declaration of Facts. If your attorney will not help you then stand in court and tell the judge that your attorney isn’t providing an adequate defense and isn’t capable of doing the job.
Ross says
Me and my wife are in our forties and had our first child on 9/7/10, 24 weeks pre-mature. She was taken out of hospital care by CPS. I intent to fight this all the way. I also intend to start a fund raising to support a board of attorneys to go after them and try to shut CPS down. More info on this will be posted here in the near future.
Kris says
I am a single mother of 2 girls who where taken from me due to me having MS and was in a wheelchair for a month.
I’ve been in contact with some state reps and a senator who seem to want to help. I’m trying to gather stories to take to Olimpia with me. The Ombudsman’s office is no help. But the more complaints they get the better. Please feel free to contact me with any information you think will help all of us. kriswarren0-at-gmail.com
Linda Martin says
Kris – contact http://www.washingtonfamiliesunitied.net
Peter says
I have been wondering if families having CPS should network and massively file civil complaints in U.S. District Courts….how much attention would this cause or even action to change our laws protecting the family from cps
kameshia says
the cps system is so broken to the point that they are some heartless people working,its all about funding and destroying family
Kay says
Thank You for this information. I will use this format.
My granddaughter who is 17 now has been in the system for about 6 years. I have just been given the chance to take 3rd party custody of her but CPS is jacking me around. I’ve had continued contact with her the whole time she’s been in their care. In fact CPS has even allowed me to take her places and we’ve bought her clothing for her as her caregivers did not, we’ve bought her personal items as her caregivers would not, we just recently bought her a car and have it on our insurance policy which none of her caregivers would. Heck we’ve even bought her hygene products when her caregivers wouldn’t.
Brenda says
I have been trying to help my son and daughter-in-law, with my grandson of 6 months old. My son and his wife have been to 3 court hearings already, have almost completed with complying with their CPS social worker service plan, they just have some issues with the CPS social worker that seems like she doesn’t want them to get their baby back. I have read the email that I received from FightCPS, and I would like to know if their are more documents that might help my son with his case to give to his attorney.
thank you
Brenda N.
Linda Martin says
Brenda, it sounds like your son is headed for a TPR hearing. He can request a full trial, and take in his declaration and evidence. You can attach documentary evidence as “exhibits” to the declaration by referring to them within the statements in the declaration. He can also respond point by point to the social worker’s report in a document called “Objections and Corrections to the Report of the Social Worker”. See the Legal Document and Information Library for a link to a sample of that.
One more thing – if he can find any expert witnesses to testify on his behalf in a TPR trial that would help. Also, if the attorney is not helping that should be mentioned in court, so if there has to be an appeal it will be on record that the court appointed attorney was incompetent or unhelpful.
When they go for TPR they usually try to convince parents to sign away parental rights, often with promises of post-adoption contact. These promises are not legal and rarely fulfilled. This is just a way social workers and lawyers try to avoid the hassle of a TPR trial. Without the trial there’s no hope for the parents.
Mac says
“8. The bruise happened because he climbed the apple tree and then got scared and couldn’t get down. I climbed up there and grabbed him and had to lower him down by his arm and that’s how he got bruised.”
This appears to be an admission of neglect: you weren’t watching him. Then you lowered him by only one arm, which is abuse. (I know it’s just an example)
Anything and everything you say will be used against you. In many states the policy is to get as many children as possible entangled in the CPS system. They get funding for each child (“case” to them – they don’t care about the child) they can grab.
It has gotten to the point that every parent and every child needs to have their own attorney on tap. Unfortunately, the parents and children who are most likely to need legal assistance are those least able to afford to pay. Those who are able to pay for their own lawyer are generally not as much at risk.
A cell phone with a camcorder in it is also very useful. We had a CPS agent at the door who, when she saw our camcorder, called her supervisor and said, “They’ve got a camcorder!” She left in moments. My wife was already on her cell phone with our lawyer, so perhaps the two were daunting. Funny – she had shortly before said, “What do you have to hide?” in response to my refusal to submit to an interview until our lawyer was present.
Linda Martin says
Thanks for your feedback, Mac. You’re right, it could be used against the parent… CPS workers will try anything to get their cases through court. Lying and misinterpretation of facts is a specialty of theirs, it appears.
Irene says
My 4 month old was removed after having a colic episode in which I contacted her pediatrician hysterically crying of concern for my daughter. I was being asked if I was hitting her and I became obnoxious and nasty and responded ” yeah stupid I might throw her out the window” don’t you see I am calling for help. This comment has taken me thru 3 weeks of pure hell were ACS placed my baby in foster care, hospitalized me in Jacobi psych unit over night, making me jump hoops to try and get my newborn returned to me. They broke our bond all checkups on baby re: neglect, NEGATIVE vaccination all up to date. Single mom managing with my baby being treated for post partum depression and this is being used against me. This is assistance that I found myself at 8 months of pregnancy due to anxiety, concern towards financial woes & my new addition. All I have to do NOW is parenting classes and follow their routine. However, I been suffering away from my child, she is a newborn baby and I was separated from her punished by the system cause I called for help! In the thought of “imminent risk” to no proof I barely get to see my daughter, since the foster mom work schedule conflicts with mine. I am in therapy and I had to have a psychological evaluation by a court assigned psychiatrist to determine if I am harmful to my newborn. If there is no sign of abuse is this legal? Keeping my newborn away under suspicions is legal? ACS at one point made comments about a Mongolian spot baby has on her buttocks / birth marks on head and they claimed needing to have the baby fully examined, I agree to verify I was not beating my 4 month and it all turned out to be birth marks, so what now? Court date on the 11 th of January 2011. so unfair baby fist Christmas and new year, her first months of life without me. I need my baby back.
Linda Martin says
Irene, and anyone else needing feedback… please join our message board forum: http://forum.fightcps.com
vicki says
to all the heartbroken parents and children, I hope we all get relief from this corrupt gov. run cps devil soon . never ever give up hope and pray. all information on what to do is greatly appreciated thank you!
Helen says
Ms. Sandra Killet, I see you are a parent advocate here in NY. I need some help with my case. My 16 yo daughter accused me of abuse. The lawyer hasn’t helped at all & I would like to appeal the decision of neglect decided on December 13, 2010 I feel discriminated by the judge. And am trying to get help 911.
Cherie Nishke says
…of course it will be submitted to their attorney’s. Everything is to go through their attorney’s first…
Cherie Nishke says
Thank you and my clients thank you. I am an advocate for the Seriously Mentally Ill/ Homeless community in Maricopa County, I am also a peer working in the behavioral health field, time after time CPS has ignored the rights of our community, and given the parents little choice in the matter, even after they secure housing.
Linda Martin says
Thanks, Cherie… I’m so glad you’re able to help the people in your county.
Becky says
I am writing a declaration of facts on a referral of neglect against me regarding my 2 yo.
How do I find out what their abreviations mean, i.e. OV, UK, XX, UH, AP, NO, ans UH.
Obviously MO is mother and FA is father. Any help? thanks
Linda Martin says
Becky, where are you seeing those abbreviations? Are they in a sentence you could give us for context? Maybe the message board is a better place to help on this: http://forum.fightcps.com
brittney says
I need help in getting my son back. Long story short he tested positive for meth in meconium. They took him away december 22 and I go to court tomorrow dec 27th for a detention hearing. I admit I made some dumb decisions but I used months before giving birth and did not think it would be in his system as I only used a few times back in July/aug. I then got into a drug program and completed that successfully in september. I dont no were to begin as cps has turned my world upside down. I do love my son and we just want him back home with his mother and father. I live in indiana and I am going to ask the judge to return him to me tomorrow in court but Im not getting any good vibes with that being said. No one thinks he will be returned to me for months which is probably what will happen. I am torn and need some advice. Please help me asap ..thank you so much. I dont need bashing as I feel small enough right about now!
Linda Martin says
Brittney, you can get feedback on your case in our message forum. Please use a fake name to register there: http://forum.fightcps.com … I am a few days behind on answering messages but I do read every post there these days.
Sandra Killett says
I am a Parent Advocate helping families navigate the Child Welfare System in New York. Often parents want to know what they can do to file a complaint against a who they feel are abusing their power. Inappropriate comments, not allowing the facts to determine the decision concerning visitation and overriding recommendations by the social worker planning with the family. Often siding with Child Protection.
april says
i need some help is there a way you can take some time and email me please i have a very lenghty case with many unjustices that i need to get some knowledge of my rights and the lies that cps has stated can be turned around that my children and i can be reunited. i have 11 of them and from day one i was a single parent and my children are suffering and when i have to walk away when i see them is causing me to loose hope cause i feel i am not gonna recieve some form of justice. please god willing i am begging for your help
Linda Jo Martin says
You could ask for help on the message board – http://forum.fightcps.com – I am not legally allowed to help people individually.
weRstillNotfree says
needed this 2 yrs ago! too late now for me but great for everyone else who can use this right NOW…!
clarita says
get one done and see if it could be added to the file anyway.
I am finished with the court and the scam of guardianship–i was DENIED guardianship of my own handicapped ADULT aged autistic son and you better believe I AM PUTTING THE FACTS ON FILE right with the garbage spewed that went UNCHALLENGED by MY atty and she WAS PAID.
this hearing went along DIRECTLY LIKE CPS with lies,outright libel etc and YOU HAVE TO SIT THERE AND TAKE IT.
see if they accept it and if the can get it time stamped etc aNd get ONE CERTIFIED COURT COPY FOR YOUR RECORDS.
karen says
Email me please I am going thru same thing with my handicapped don ty
Annette says
This is exactly what my son needs right now after being railroaded and hammered. He is fighting back and is preparing for an appeal. Thank you!
Milos Leubner says
how incredibly unfair and outright otherworldy (seriously!) this all is! Judy Jones and Mr. Smith should be full of understanding and heartfelt sympathy for the families and the little kids for only then they could see clearly the truth and separate their own bloodthirsty egotism from their actions. They are monsters,they have become monsters.They all operate in a hypnotic state,drunk on power they substitute for emotions they don’t themselves posses. Those who’s hearts can’t be turned are eased out of the cabal,the weaker ones,the sick ones, stay and get absorbed into the Borg. If you find this to be the truth,tell everybody ,anybody will listen if you are sincere and feel love in your heart.The information about existence of this Website (fightcps.com) should be a mandatory information presented to each accused parent prior to the Detention hearing.I don’t even remember how many hundreds of people I have told about it in the last 4 years. I have never met a saint in my life but I know of one.
Joseph B. Chevalier says
Good advice. But here’s what I did & eventually I won: Get a “real” Family Law attorney who will take your statements & put them in “legal paper” format. Have the court-appointed attorney File-Stamp it into the Court Clerk’s office. This will be your 1st declaration in Court serving as a rebuttal against CPS perjury. Don’t expect your court-appointed attorney to write one for you — he won’t.
Linda Martin says
Joseph, when I did my Declaration of Facts I used legal paper I bought from a stationary store. Each line should be double spaced and numbers indented ten spaces, if you want it to look official. The most important thing is to get the words on paper… in a form the judge is most likely to pay attention to.
Cherie Nishke says
Nice, can I use it for three upcoming temporary custody cases I am advocating for? Two out of the three are mentally disabled, and unable to understand exactly why CPS has their children, and the third one is a brother who’s children’s mother was incarcerated recently, and she turned temporary custody over to my mother. We have major concerns as to what happens when the six months of Temp Custody are complete.
Linda Martin says
Cherie, yes, you can use a Declaration of Facts for those hearings. Everything should go through their lawyers.
Bb says
Can I use it for probable cause hearing.
Linda Jo Martin says
Yes, Bb… a Declaration of Facts is something you could probably use in any court hearing, so far as I know. Consult a local lawyer for advice on local rules for submission of documents, if possible. You may be able to get a copy of the “rules of court” from your local law library or county clerk.
Robin says
Ms Linda Martin
I need help with a letter that will help me as a grandmother that lived my Son and he is trying to get full custody of his his Five year old son. My Son has been in the Military 22 years, but now and has been for the most part station in HI the same place where his Son is also living now with his mom. Please Help Me. May God continue to bless you.
Linda Jo Martin says
Robin, I never work on cases one-on-one because I’m not an attorney … if you want to post on the forum you may be able to get help from other parents.
stella says
Can I use this on a relocation case that is coming up for me.i am a single mother of four kids. That is relocating to st louis missouri but my kids father won’t let me move.
Renee says
Hello Ms. Linda, can the Declaration of Facts contain case law and authorities relating to CPS violations.
Thank you
Linda Jo Martin says
Hi Renee… usually the case law and authorities are placed in an attached document called “Points and Authorities,” which you might want to refer to in your declaration. Your declaration should be a place for you to tell your side of the story in a concise and well-organized manner.
Jerry and Tracey says
Linda please email me your email our attorney is ask for treatment records from our child’s therapist and we have the emails tell him we didn’t want him to do this and he sent us back a reply saying he wouldn’t and he is doing it any way and using it against our son and it continues to keep him from coming home and he is in a group home please help us in some way
Linda Jo Martin says
Jerry and Tracey, I don’t know what to do to help you; I’m not an attorney! Why would your attorney work against you this way? BTW – I’d rather not use email… I have a hard time answering it all.
This site is for information and support. Everyone needs to learn to help himself through a CPS case because court appointed attorneys often don’t seem to have time to represent every case adequately. From reading this site you may be able to develop some strategies and write your own legal documents to help your attorney in his defense of you. This site can’t provide attorneys or the kind of advice you could get from a good attorney.
jana says
This is so harx in oyr family, taken from my daughter fot no reason. They were visiting us left in our custody then remived again because of a call from a vary vindictied aunt on the fathers side. Now tje great aunt fathets side had them and is addinf fuel to the fire. We r not allowed to c them, now its if i drug test snd has to b supervisored. This great aunt doesnt even no me, hates me abd is feeding cps with bs. I liv on social security and need an attorney to wm with me. Its getting to the point where i wanr take them and run. Not a good idea but its killing me. Rhank you for listening. Jana hillery-lyle in phoenix az.jana.hillerylyle[at]yahoo.com
Mary says
Like many of you, I am facing false allegations brought on by CPS. Rather than write a long, ugly story, let me tell you the lesson I learned. I am a college educated person and I thought for sure there was no way the stories I heard were true. WRONG!!! they were all true. Fighting CPS will be the hardest thing you do in your life, but if you love your kids you’ll fight like hell to get them back. My social worker refused to enroll me in the court ordered parenting classes, she thought for sure I would lose the case so she played the stall tactic and never returned my phone calls and would not answer my emails. Do your self and your kids a favor and get a lawyer. If you don’t believe anything I’m saying believe this, COUNTY ATTORNEYS WILL NOT FIGHT FOR YOU OR YOUR KIDS IN COURT. THEY GET PAID A FLAT FEE WHETHER THEY WIN OR LOSE SO THEY DON’T CARE IF THEY WIN OR IF YOU GET YOUR KIDS BACK. Do everything you can to get an attorney to win your case. Lastly, pray!!!!!!! pray like you’ve never prayed before.
Good luck!!!