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And it is a form of child abuse. If you need help in this area, go to your nearest Radio Shack, they will point in the right direction. He the judge makes no sense. All the info on the docket is incorrect. But also they put on the docket that my step daughter was molested by her cousin who she has never even meet. Ive missed my girls growing up because of them. My sig other and I have been dealing with CPS in AZ for many years. How they can just twist your words around and make it out like your some kind of monster? Your answer would be very much appreciated, and Thank You very much! I did file my Grievance, and threw in every bit of evidence I had. the worker that were involved should not have had anything to do with the case due to a conflic of intrest. So I called and hired a lawyer. When the report matches DCF's criteria for abuse or neglect, they will file a 51A report. I agreed to it because I wanted so desperately to have my daughter with me on christmas. You could go to the county courthouse and look for other lawsuits filed against the department of social services, and look at the cases to see what lawyer filed them. And I have lots of questions that I need to ask about things, the orange county DCS took my kids because i miss 4 doctor apointments out of makeing it to like 150 of them, the social worker is twisting me and my husban words up in his reports makeing it look like we are crazy and a need of some mentel help they gave three of our kids back and is trying to build a case with the other three im lost now because they want us to admit we are the bad parents and monsters who they are putting in their court reports. For more information about how we can help you with your unique situation, please get in touch with us today. Also docket stated I do not understand my step daughters mental illness. I basically thought he was just going over board & told him to go to his car & get the test kit for what he claimed were present. False Report of Child Abuse. Thanks for getting back with me. American Family Rights Michelle, look in the phone book for Constitutional Law attorneys. So they concocked this dramafied conclussion to brain wash my son that it wad dramatic and seriously a bad situation he was in and breed to find a way to get a out of a horricliving environment. JD. Deborah, I can identify I have a PAS daughter and even after all these years she will not talk to me, so I totally understand your grief. However a few yrs leading up to my daughters death my evil ex and his wife (her sister just adopted my daughter dispite tesing positive for marijuana and being told she can never adopt another child ever again) would call protective services on me often and although they would come in and investigate they never found anything so when I made the mistake of leaving my home (my next door neighbor was supposed to have been there) and my daughter died at the hands of her then 8 yr old brother all of Michigan was against me because it looked as if I was a true monster despite none of my kids had ever been hurt, had bruises or any of this. That's April Rodgers, 23, and her boyfriend, Corey Chaney, 25. Get your friends to write character letters, what they know about you, that you are a conscientious parent etc. Sue cps? Leonard Henderson, co-founder where since tues april 22 2014 has been alone in the er awaiting bed space at a hospital for mental health. You need a Missouri family law attorney who has successfully dealt with combating false child abuse allegations and who understands that nothing is more sacred than the relationship you have with your child. Under Texas Family Code 261.107, making a false report of child abuse with the intent to deceive is a state jail felony. To fight back, you can get a lawsuit over false allegations of a crime by contacting the experienced criminal lawyers at the Neal Davis Law Firm. Once again how do my children know these things? See my page about Child Custody Battles and CPS. Unfortunately we battled it out for over 17 months just trying to get my grandson back home. then a month later forced their way in to my apartment while my husband was the only one home and procedeed to threatin him and they wrote in the report that he was violent and that i was neglecting my daughter by not taking her to her appts and took her from me by lying saying that we were going to the jail to talk but before my husban and father could get there they had her in another car and was gone we went to court and they said that i had a drug problem because i was taking vicodin but did not bother to check the perscription and i was told i had 2 choices 1 adoption out of state or third party custody to my step grandmother so i chose 3rd party custody and found out later that it was her that called cps on me. And said what an injustice was brought to our grandchildren and to his granparents. Update: At this point CPS seems only interested in our mentally ill daughter and is not doing anything with our younger two. Debbie, I was going over the docket sent to the court which we where suppose to get a copy of but my sig other received just before court. Im distraught i miss them idk what to do i am disabled and this is so hard on me. We did find an attny in San Diego that will sue san bernadino county. Under California Penal Code 148.3, individuals that report false incidents of child abuse and maltreatment may be guilty of a third-degree class A . Compile as much evidence as you can to take to your attorney. Iam very upset they have no court order and iam nor a unfit mom at all. When it was time to go I had all kind of mixed emotions going through my head, saying why am Im letting cps trick me into going to rehab when i know I dont do drugs.so when the people at the rehab place gave me an drug assessment I told him the truth when he asked the last time i did drugs. If you know of any attorneys in this state who will fight cps let me know. My visitation orders never where sent to me and the grandmother literally thinks that she is the mother will not pick up my calls and i have not seen my daughter at all for a month only three times. This was a 21 month old perfect child. She spoke to my children & mentioned a walk through of the home. In Virginia, knowingly providing a false report of child abuse or neglect is a Class 1 Misdemeanor, meaning the accuser could face up to 12 months in jail and pay up to $2,500 in fines. That way youd get someone with some experience in suing that agency. I have an open case in california with my son Two weeks ago I was in court my social worker was recommending me get custody and the father get monitered visits and we had to re schedule for Jan 18th. I basically defended my home & children wth obvious disregard his claim of FACT. Make copies, organize documents, scan documents on your gmail account. Having an attorney is the best way to keep a CPS case from starting. have any foster children ever, as adults, sued cps for destroying their lives and families. I did what she said and they gave me a date when to come in. There may be extenuating circumstances. We are going through the same patch right now and we would like to know if that got any where. Seems this is the required time for OCS to make their federal dollars on the lives of our families and children. April, you can get some ideas on how to proceed with a case against CPS from the advocates on our message board. I may soon have the opportunity to speak in the legislative session here in Louisiana, in Baton Rouge and would like to hear from anyone in Louisiana who might wish to appear there with me as a show of force! File A Harassment Order. cps wouldnt believe anything i told them, and my public attorney was saying its 5 people against you who should i believed. Lorin, if they dont take your children or take you to court you dont have to do anything. Generally, if a case goes to court, the judge orders parenting classes and the psychiatric evaluation for both parents, not just one. then got his usuall lasy attitude and refused to put the new ones in. Dad had to sign for them to take 12 year old. Two years since the attack on the U.S. Capitol, a series of drive-by shootings targeting Democrats in New Mexico is a violent reminder that the false claims about a . Im looking to sue. His casewrokers in MI are horrific, attorney is nothelping him, when people who try to help him get close they change everything and Im being told I cant do anything my rights have been terminated. I ended up publishing the whole thing in a weekly newspaper (they divided it into three parts and published one part each week) and then dropped it because I was too busy taking care of the baby who had been returned to me, and her younger brother. They will say it isnt up to them to decide, because the judge already did. Which was disappointing, because I wanted to sue them back to the Stone Age. So I called and spoke with the case worker. You might want to consult an attorney to see if theres any opportunity left. Parents have a right to direct the care, control, and upbringing of their I need help with this. . i requested these people be taken off the case but cps told me ther was no conflict of intrest. Tom, I think theres always a statute of limitations. My kids were taken 5 years ago & my daughter finally told me she & her younger sister were touched! If possible, consult an attorney for help. 1983 I wish I knew of someone but I do not because I believe that if we had had a competent attorney we would not be in the position that we are in. I have a few questions regarding my case with cps. So I do understand PAS and the pain it causes. After proving an accusation of child abuse to be false, the accused parent may then proceed to file a claim for sanctions against the accuser. The claim and exercise of a Constitutional Right cannot be converted into Well you see he Gandhis wife were doing this to about three different Boys including, Laurie, (and everyone else) youre welcome to register at our message board for feedback on your case. I feel I was set up by OCS and the Court System. and I was told no matter what I do that I wont end up with my kids no matter what because I reported the abuse & neglect on my three kids what papers do I start with, Jessica, start with writing your Legal Declaration and Objections and Corrections to the Report of the Social Worker. They said they are looking at reunification as long as my sig other jumps through there hoops counceling, ua tests, alchohol treatment classes because before his ex accused him of being an alchoholic so he has to comply. Sanctions. They wanted me to take a levels test immediately which I got a bad feeling about. PLEASE HELP Categories. CPS and the group home have failed 2x to take the child to have her cast removed was suppose to be removed 2 weeks ago. Original Date: December 2011 Revised Date: June 9, 2022 Policy Review: June 9, 2026 Approved by: Frank Ordway, Chief of Staff Purpose The purpose of this policy is to provide guidance on conducting investigations when intakes are screened-in with allegations of child abuse or neglect (CA/N) or when children or youth are believed to be at imminent risk of harm. help please. The Department will investigate a family if the situations meets the Department's criteria for child abuse or child neglect. At first I said to myself Im not on drugs so Im not gone let them do this to me Im not on drugs then I thought about my kids and said ok. I was told it was a fact I had either sold or consumed the meds. They can legally do this but it really saddens me that you havent seen a lawyer. The police may pay the harasser a visit. There happy go lucky snatching up kids here? Please keep in mind I have not even been informed. See 3172 Parental Child Safety Placement. Have taken another clean urine and hair drug test. OMG I immediately became not scared but embarrassed over being not in a perfect orfer. Often it is best to locate attorneys outside your home county to avoid any good old boys friendship networks between legal professionals within the county you reside in. more information Accept. You can start a search for more legal document . As far as the lawyer is concerned we live in AZ the only lawyers who will step foot in CPS court are the ones appointed by the court to defend you. Consult a personal injury attorney in your area for more precise information, as every state has different laws. Keep shopping around for the right attorney! If they don't, they will certainly be more inclined to do so the next time you contact them because there is now a file. She then looked at me with a EWW appearance & said well, by lasw u have n choice in what I can do. I am just heartbroken because cps promised to help us with services but didnt do anything, and even had hippa violations (shared info with my ex about statements made to a therapist from my other children myself and husband) which he used to gain temp custody. Another thing they refused to let my kids go to family members. Anyways CPS didnt ask me to come to court why would they I dont have legal custody of this child only my own but in the docket they accused me of things such as which they knew from prior case and I am on disability for health issues and bi polar. She informed me that the original case worker quit and the case was given to her. I have bi polar 2 undefined in otherwords I do not have the extreme highs and psychosis that some bi polar people do. The last court day i had was 2011 on January. I also would like to know what you, (or anyone) believes is the most crucial point in changing child protective practices. Theres got to be a way to stop this. That's why }, { hello my children were taken by dhr and two placed in Jefferson county and one is still in Blount county but when cps came to }, { I am the parent who had a case over 10 years ago. No last names. 1,706 satisfied customers. Record everything (but check what state laws say first). We had four or five social workers and the last one was retiring and we where his last case. They made family member's permanant custodians. He has a new girlfriend and does not want me around at all,I should not have to go through his mother, I am A 37 year old adult,he was in federal prison the whole time for distribution of metinfedaphime his parenting cert.is from Lompoc federal prision and he never was present at any child custody case maybe four in the being please help me. My girls were stolen and brainwashed. They told me I had two options go to jail for an undetermined amount of time seen fit by the court or sign the kids over? I was just made to sign surrender papers as to my now 13yr old she is happy and doesnt want to be pulled from a life she has had for all this time. The pediatrician also made excuses to avoid showing up in court to testify . He attended school with my want to help ihim. I am grandparent who was raising her granddaughter. You tellme is this justice. Back in October of 2010 Cps took my kids illegally we never had any court date of any sort and when asked to provide legal documentation they couldnt provide it after 3 long and agonizing months they gave my daughter back after I called my governor, the social worker that took her was fired a few days later , in January of 2011 I was placed into custody for a shoplifting charge which occured back in august of 2010 once again they took her again when I was released they wouldnt give her back what can I do about the first incident when they violated my constitutional rights and took her illegally they know they screwed up and now I feel like they are punishing me for knowing my rights and going to my governor this had destroyed mine and my little girls spirit I would like to sue them for mental anguish and anything else I can please help Broken hearted in Nevada. Unless your a sadist! They turned that to mean they were illicit substances and I gave her alcohol on very rare occasion, and it was no more than one serving (like a special dinner, she could have A (as in one) beer with her dad and I. back in 2005 my youngest daughter was 2mo and cps came knocking on my door stoped me from taking my child to her well child check up. Recently she has had 2 bad attacks where she assaulted staff, teachers, was taking to hospital where she assaulted nurses requiring them to obtain medical attention. Usually it happens with divoces. I did contact attorney Brown but he did not want to take our case unless we engaged his services. Do you know what kind of a lawyer we would need to sue cps. The accuser may then have to pay the accused's court fees and any other costs incurred due to the false allegations, as well as any other remedies the court deems appropriate. The more social workers that take the fall for the counties that hired them, the better. Who can you refer us to? She said she did not know. name still being dragged around as bad mother years later and son agrees to manipulation toward the system and sent a letter to the state. I have no idea who to turn to besides God and He promised His glory would be shown in all of this. The attorneys do not even take a case like that because they know they wont win. We need our voices heard and we will need to sue helping eachother. never abusive. I was under the impression that CPS was going to take these tests and interpret them and I was not comfortable with that since their whole job is all about twisting things around to justify taking your kids from you in a court of law. I also got another device that plugs into my cell phone for around $30. Civil Liability for False Police Reports The law 3 reads: (1) A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, visitation or child support decision, the person: (a) Makes a false report of child abuse to the Department of Human Services or a law enforcement agency . they gave me 2 options My two daughters were taken mainly on the issues of the mother and I fighting. It occurs to me that CPS must watse a lot of time and resources investigating due to spurned family, past lovers . Knowingly making a false report of child abuse or neglect in Texas is a State Jail Felony offense. So I did end up going back on it because I could not function. When a report is "screened out," no action is taken, or the report is transferred to a more appropriate agency. crime. To sue, the original criminal charge must be resolved. He then said I had alot of knowledge of a drug that would not have been there without my abuse of. I was in the Army at the time and had not too long ago gotten home from Okinawa Japan with my unit and was working to go active duty when this all happened and I was not thinking. Our precious grandchilren love us and we love and miss them soo very much. At a detention hearing, CPS only has to make a prima facie showing of evidence, meaning that children can be legally detained from their parents with very little proof. The law provides civil and/or criminal liability for knowingly filing a false report. What is a mandated reporter? We live in Northern Cal. Unless this happened to you you have no idea. Also you can request your own CPS records involving allegations against you and allegations involving your child. "/> If you or a loved one are reported to CPS and are currently under investigation, call (757) 447-0080 now for a free evaluation of your case! my daughter was taken away from me when she was 9 months for false accusations and made up lies that werent even true. I had documentation and worked closely with those people. If a conviction is made for a false report, you may request to have CPS destroy their records of . DCF is using past case that was closed and So taking a complaint which these people in my town befriended. Linda, help!!!!! im married to his daughter. I went into the hospital for 4 days with pneumonia & he was put in Foster Care in Feb. Had to get an attorney who is assisting me to get him back. one of the workers that came n took the first child was having an affair with my cousins husband and the acual case worker is the daughter in law of a woman that i had gotten repremanded for releasing private info about me while i had a stay in the hospital, she was my counselor. 0ver 3 1/2 yrs ago. If you are facing a false CPS report, you have options. PAS they call it Parental Alienation Syndrome. The accusation was unfounded, entirely, and while she has a good idea of who did and why, she doesn't know because CPS cannot tell her. We have a very good family law attorney but he wont cant step foot in a juevinile court. As I stated below on another comment our 12 yr old daughter has been in cps custody in a group home. }, { same here Nebraska is faulty as heck down here }, { hey we should talk as I want to do the same with Nebraska. Source: 230 F 2d 486, 489 Linda, this looks like an excellent How To essay. You will only have a couple of years to sue, so dont waste any time in getting started. Find out what attorneys filed them. Well Im not cause they wrongly accused me and i have a case I know u do. They are very bad lawyers. I do not give referrals to attorneys at this site but we do have a list of juvenile court lawyers you might find someone listed there who can help you. I dont know what to do. You have to PROVE your assertions. Please help me in any way that you can. Civil attorneys cannot bring criminal actions, and you won't be able to get 100% of your fees repaid in a civil action in most circumstances. Im not seeing it and when I had to sign those papers I was waiting for it but still nothing. My son that was eleven atvthe tome when my son turn ed reelection this people got this plan in there heads to find s way to take my son do they can get child support to keep there skate board business afloat. I will be on the look-out though. Anyways thats a bit of defirmation of my character as far as I am concerned. Im not being sarcastic I have just been told so many times to deal with it that Im thinking perhaps nothing can be done. couldnt afford this too. I have not seen or talked to my 8 yr old daughter since 4-20-2011 when I dropped her off to school. At times paralyzing. I do not have a date yet but will let you know if you wish. He as well has 2 IEPs that doesnt appear to belong to his record there was that much change in him.) http://familyrights.us If the judge made a ruling against you then the administrative hearing isnt likely to be helpful. (also coming to be a mama again) & spending countless time & testing to prove the gift of a new life without the abuse these children suffered from their maternal family. my head is spinning from all of this. She has to pay fifty dollars a month.The father one of my granddaughter who is three her father owes six thousand dollars behind of childsupport. Department of Human Services Investigation. Until Every Child Comes Home This little device looks very much like a speaker and it will still require the digital recorder. But if we can't meet that preponderance burden at Jurisdiction (typically within 10 days) you get your kids back and we fucked up. Ive been to conferences to work through issues like this. It was hard at times but I did it.. For the past year and a half I have been working part time as a domestic violence counselor. Its time to gather together and end this CPS monster. Meantime we had our on child shes 3. two girls now 12 and 9 where givin to us case was closed. I was told that CPS is a money making business and I am assuming that this is right because they went as far as trying to take my kids from me while I was carrying them and living in Florida. Get the character witness statements and proofs. My 17 yr old hates me. I had a case outside of it }, Federal District Court Online Locator Service, Public Access to Court Electronic Records (PACER), An Attorneys Advice on Protecting Your Family by Gathering Data, Child Protective Services and the Juvenile Justice System: A guide to protect the constitutional rights of both parents and children as ruled by the Federal Circuit Courts and Supreme Court, Represent Yourself in Court: How to Prepare & Try a Winning Case, Fight CPS Legal Document & Information Library, The most important pages on the FightCPS website, http://kidjacked.com/legal/handbook.asp?s=9, Texas stand your ground against cps corruption, The Dirty Little Tricks CPS Doesnt Want You To Know, Objections and Corrections to the Report of the Social Worker, http://www.childwelfare.gov/systemwide/laws_policies/statutes/registry.cfm, An Attorneys Advice on Protecting Your Family By Gathering Data, Terms of Use, Compensation Disclosure, Privacy Policy, Request to Have Something Removed From the Site. 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