How to “beat” CPS: YOU CAN’T

1.  How can you “beat” CPS?

               YOU CAN’T.

IS IT POSSIBLE THAT THE JUVENILE DEPENDENCY JUDGE WILL “DROP” THE CASE? NO WAY.

IS IT POSSIBLE TO “WIN” IF YOU TAKE YOUR CASE TO TRIAL? NO WAY.

As soon as you open the door and speak with CPS you’re in it for at least 12 months if a child is younger than 3 years old. 18 months for older children. You will be lucky to get visitation as I have seen many parents being denied lately. A woman we met through our blog has not seen her daughter since they kidnapped her at Rady Children’s Hospital in San Diego over a year ago. She has only spoken to her briefly one time on the phone. I wish I could say more about this case because it’s the worst I’ve ever seen CPS workers be toward a parent and people should know about it. Maybe if we all exposed what they do it would put CPS and their court cohorts under the microscope and possibly straighten up a little. 

When parents contest the allegations, a hearing is conducted that the cohorts call a trial but there is no jury, just the judge (who is paid for by CPS). JV Judges sustain every petition even if it is an amended petition that strikes some of the original allegations and that resembles a plea bargain. Once CPS files that Petition, you are going to have to cooperate at some point if there is any chance of reunifying you with your child(ren).

Juvenile Dependency Court is rigged. It’s a sham, a scam, a three-ring circus. The entire process is just for show. CPS does whatever they want. The Judge works for them (paid by them) and never dismisses a Petition. CPS’s counsel (county counsel) will amend a Petition when parents are barking too loud and have solid evidence or witnesses to prove their innocence but, they will never dismiss it.  Most often they already have your child and they will play you like a harp. The parent’s  “attorney” will say that the only way to get the child(ren) returned is to submit to something and cooperate with the “case plan”. Reluctantly or eagerly, they make you give in because they know that if you truly love your child(ren) you will do anything to get them back.   Always remember, they have this scam down solid. In California they have pulled this trick approximately 250,000 times in the last 5 years.  I call them the Court Cohorts Collecting and Killing Kids.

I thought that using their own laws against them could “beat” them but since CPS does not adhere to their own laws (in CA Welfare & Institutions Code) and the Judge never holds them accountable for it, telling them what they have done wrong only pisses them off.  In any other court, the Judge would hold CPS in contempt and many social workers would be charged with submitting fabricated evidence to the court.  In Juvenile Dependency Court, the Judge does not ever hold them in contempt when they do not follow his “orders”. Orders are never properly executed and mailed to each party thus, making the “orders” null and void. Yet, no one cares and just accepts that CPS has custody of your child(ren). For example, when parents are battling in Family Court, both parties are provided a SIGNED, conformed copy of the Judge’s orders for custody. If the father is awarded full physical custody and the mother has supervised visits, then in the event she should pick the child up from school and say, take them home to her house without permission from the father and unsupervised, the father’s remedy would be to take his SIGNED COURT ORDER to the local police station and they would assist him in retrieving the child from the mother’s home. If the mother did not cooperate or leaves town then the police can and will file charges against her and issue a protective custody warrant for the child. If the father cannot provide the police officers a signed court order nor obtain one from the court file then they won’t help him. NO COURT ORDER, NO CUSTODY, NO ASSISTANCE, NO EXCEPTIONS.

  Welfare & Institutions Code § 248.5.:  All written findings and orders of the court shall be served by the clerk of the court personally or by first-class mail within three judicial days of their issuance on the petitioner, the minor or the minor’s counsel, the parent or the parent’s counsel, and the guardian or the guardian’s counsel.

In our case and every case in Riverside County, the Judge never signs any orders nor does the clerk provide copies of any orders from the hearing, not even the minute orders. However, the minute orders are not a true account of what actually happened in court. The clerk has a template with all of the required findings and orders that the Judge should be making but he doesn’t address many of the issues that he is supposed to. He merely “adopts” some findings and orders that CPS has attached to their report without even discussing them.  See, the Judge just does whatever CPS wants him to.

This is only one of many things legally wrong with that court. Codes are enforced against parents but CPS can do whatever the f they want. They’re just great people, you know, saving abused and neglected children all day is a hard job and they do so many good things that it’s OK if they lie in every report, the end justifies the means and as long as the children are not with the parents they will be safe you know. (sarcastic)

So what is a parent to do? I do wish I had some solid advice for you but, for one, I am not an attorney and I cannot legally  advise you however, I can tell you what I would do if I had to do it all over again.

I would have paid for my own hair follicle test at the same time that I gave the sample for CPS, even if I had to borrow or beg for the money ($100).

I would read a publication called the “Dogbook”, it’s the attorney’s guide book called, Dependency Quick Guide” and it explains exactly what your “attorney” can and can not do for you.

I would read the Petition’s allegation page and match them up with the Welfare & Institutions Code and I wouldn’t let them adjudicate my daughter a dependent of the court simply because her father, who moved to Greece years ago, has failed to pay child support.  (My current husband had been providing ample “provisions for support” for all of the children, including my daughter from my first marriage.  No child was in need of anything. In fact, they were spoiled.)

I wouldn’t sign their case plan because they have to give you services whether you sign it or not. I would have to play their game again, pretending to benefit from their “services” and kiss their ass.  I wouldn’t tolerate any procrastination when it comes to the social worker providing the court ordered referrals.  I would object to the social worker’s statements when they blame the lack of progress on me rather than admit that they procrastinated as they try to make it look like you are not putting forth any effort.  I would complain to the supervisor and the supervisor’s supervisor when they switched social workers right when they are supposed to do something for you such as increase visits, allow the child(ren) to visit overnights on the weekends or place the child(ren) with family. I would complain to the supervisor when the new social worker tells me that they haven’t read the case file yet which is their excuse for not having to do anything for you for 2-3 weeks.

I wouldn’t miss any visits because they can use that against you. I’ve seen a parent’s visits terminated the very first time that they missed one.   I would write letters and notes to my child(ren) and make sure I made copies before giving them to the social worker to give to the child(ren).  This shows how much you care and are bonded with the child(ren) that way the bond issue is not exploited against you.  CPS always claims to do everything  in the  “best interests of the child” however, terminating services is the step before terminating your rights. Terminating your rights and severing the child’s bond with you is not in the child’s best interests and if you have made sure that the bond is on the record then even if they do terminate services and your rights, your chances in Appeal are much higher.

APPEALS:

I have learned that many parents who have appealed the termination of their parental rights have won and the Juvenile Court’s termination ruling reversed and even got their kids back! If I would have known how to have an “appealable issue” then I would have appealed every decision or order that the Judge makes (but never signs) even if I somehow agreed to it.  I would appeal the decision to declare my child(ren) dependents of the court even though I was willing to cooperate with the case plan and submit to the Amended Petition because I was coerced to do so. I would appeal the Judge’s decision if he denied placement with family.  I would appeal orders granting the Department permission to medicate my child(ren).  I would appeal any unreasonable demands by the Department or additional requirements that do not apply to your case. (i.e., Domestic Violence classes if there has been no domestic violence). You can appeal any reductions in visitation, appeal placement of your child(ren) with the other, abusive, parent, and you can appeal any decision that limits your rights to your child’s education.

OBJECTIONS ON THE RECORD:

MAKE A LIST OF THE LIES THAT THE SOCIAL WORKER HAS SAID IN THE REPORT. NEXT TO THE LIE STATE THE TRUTH. NAME THIS DOCUMENT, “UNTRUE STATEMENTS MADE BY SOCIAL WORKER, ________________, IN THE REPORT, _____(Jurisdiction/Disposition Report…[enter the name of the report and the date indicated on the bottom of the page]

In order to have “appealable issues” there must be objections made during the hearings (since your  court appointed cohort won’t ever file any motions) and getting your attorney to object to anything will be very difficult, you may just have to do the objecting for yourself. You must object to everything that is untrue, unfair, unreasonable, a lie, a falsification or just plain evil trickery.

OBJECT to the perjury (lies), fabrications, exaggerations and inaccurate accounts of the truth that is contained in it. Have a list of what those are (as suggested above) and if they are contained in previous reports and which reports they are in. An example is here:

https://docs.google.com/file/d/0B_PlDs4d_B_lLTJPd2wtdHNMb1E/edit?usp=sharing

YOU MUST GET OBJECTIONS ON THE RECORD WHILE IN COURT DURING THE HEARING. This may seem difficult or impossible but the only thing stopping you is the intimidation that they are making sure you feel while in that court. SPEAK UP AND SPEAK OUT. You must pay attention to what is going on while your case is being heard. Well, that’s what I would do if I could do it all over again.

You may want to give your “attorney” the opportunity to object prior to the start of the hearing or you may not. It depends on whether you think they will try to sabotage your efforts and have their other cohorts try even harder to intimidate you.

Even if the lawyer tries to pretend that he/she will make these objections on the record, do not depend on it. Be prepared to speak up for yourself. In the event that this “attorney” does say something resembling an objection or two, do not count on him doing it properly. You will most likely have to do the objecting yourself.

MOST LIKELY YOU WILL BE TOLD TO SHUT UP.  DO NOT LET THIS GET TO YOU. KEEP TALKING. If I could go back and do it all over again I would say something like:

“Your Honor, I object to the Department’s recommendations to declare my child(ren) a dependent of the court on the grounds that the Report is inflamatory, contains hearsay and lacks foundation. The report contains errors, omissions, fabrications, and grossly misrepresented statements of the actual facts. The social workers have committed perjury and used trickery to manipulate this court into believing that I am guilty of the allegations and that my child’s safety is at risk in my care.

I object to the statement: ______________________ as it is inflammatory and causes prejudice without evidence. I object to the social worker’s statements that___________________________ as it is ambiguous, confusing and vague.

I also object to the Department’s unreasonable questioning of my child on the grounds that based on allegations made by an anonymous caller, the questioning of my child lacked foundation. Moreover, the tactics used by the social worker intimidated my child(ren) by making threats which created fear in the child. ”

If it is not your first hearing, most likely these lies have been told before so you should also address that issue as well. You could add,

“The most damaging lies/misrepresentations contained in this current report have also appeared in several prior reports and I am hereby objecting to each and every use of the statement, ______________ in all previous reports as they lack foundation and are inflammatory. I request permission to submit this document which itemizes the statements that are not true and which prior reports they are in.”

Most likely the Judge will not allow your document. In this case you must state out loud, “For the record the Judge is refusing to accept a document entitled, “[name of your document] in case No. [enter case number]

OTHER GROUNDS FOR OBJECTIONS:

LACK OF REASONABLE EFFORTS OR MISREPRESENTATION OF THE DEPARTMENT’S “REASONABLE EFFORTS”

I would add something to my  objections statement in court such as:

“I also object to the Departments claims that they have provided reasonable efforts. For one, they failed to offer services which would eliminate or reduce the alleged risk to the child prior to removing my child(ren) without offering services to prevent the need to remove my child(ren). Second, after the court sustained the Petition and ordered the Department to provide me and my family with services, there was a significant delay of three weeks before I received any of the referrals. Then there was a change in social workers which created an additional three week delay in increasing the visits per court order therefore, the social worker failed to provide me and my family with service referrals in a timely manner.”

You and your children can sue CPS once the case is closed if they have violated your constitutional rights. Specifically, your child can sue CPS for violating their 4th and 14th Amendment Rights and parents can sue for violations of their 14th Amendment Rights. It is called a Section 1983 Civil Action for Deprivation of Rights . I have posted an article with links for more information on that below this article.

15 thoughts on “How to “beat” CPS: YOU CAN’T

  1. Pingback: Q & A: Popular Search Questions: How to “beat” CPS: YOU CAN’T | donnellyjustice

  2. Love the information. However, I’ve been looking for who pays for the court case when the parent wins and had a court appointed attorney? I caught the social worker and my daughter’s attorney lying during my court case. My court case was in 12/2011, closed in 8/2012 and I just got a billing statement 9/2014. Do I need to pay?

    • I am so sorry for the delay Joan! Somehow I skipped right over your comment, I’m so sorry.

      Don’t pay those people if you don’t have to but unfortunately, they may dock your wages or intercept your tax returns.

      Let me get this straight? You WON in CPS court or did they FINALLY return you daughter after you participated in their case plan?

      First, if your county has a process for filing complaints, do so immediately. Complain about the lies and the manipulation and follow up with an administrative hearing, there should be information regarding the process somewhere on your county’s website. If you have trouble finding it, let me know what state and county you are in and I will help you find it. Then you can make them account for whatever they are charging you for and also submit a counter-bill to them for the pain and suffering they caused upon you and your daughter and even the rest of your family due to the inflicted emotional distress and the violation of your 14th Amendment Rights and your child’s 4th Amendment Rights. Make that bill ten times higher than what they are billing you for. If you do not plan on suing them regardless of the invoice they sent you then you just might have to consider it now. You can make an offer to settle for a little bit less than what they are billing you for or go for the throat. They won’t go for it at all, but it will show that you tried to resolve the issues and you got nowhere which would be required prior to filing a 1983.

      • Hello I live in Orange County, Ca. My case was closed in September of 2014. Just today, I was going over my final report and realized that everything on the report was half true and half lies. How do I find out where to complain about this? My rights, boyfriends rights and my daughters rights were violated. also when my daughter was transferred to a temporary foster home, she had a huge mark on her leg that seemed to look like a stick looking bruise. I called the social worker and left a message about it several times and never heard back. I did tell her in person on our first meeting and she said that she never received a voicemail. I did confirm the phone number with her and it is the correct phone number. on another occasion my daughter had another injury to her arm which looked like a shot at first, when I asked the first appearance if it possibly might have been a tetanus shot, they said they couldn’t give me information and they didn’t know. Don’t I have rights to know what’s going on with my daughter? The social worker did tell me that there was no tetanus shot given to my daughter. I did take pictures however unfortunately my phone was stolen and couldn’t receive any backup photos. However I did show these photos to several of my family members. How do I complain about child abuse against foster parents and social workers not doing anything about it? I appreciate the information that you provided it really helped me a lot! Thank you!

      • Fortunately, your case was closed. I do not recommend that you rock the boat because if you do, they may retaliate and take your kids away again. It is a sad reality but still a reality. If you move to a different county, by all means, sue sue sue. Basically, if you have “damages” (the financial losses incurred as a result) significant enough to risk rocking the boat you should sue. Again, move out of the county. Orange County was sued a few years back and won over ten million, several of that going to lawyers who I believe did receive their compensation. To date, I don’t believe the plaintiff has received a dime but don’t quote me on that. The social workers were found guilty but they ended up with PROMOTIONS! If we ALL SUED AT THE SAME TIME, maybe they could be taken down but not many lawyers at all will take the case anyway. Sorry if this wasn’t what you wanted to hear.

      • That would be interesting to have a class action lawsuit against Orange County CPS for all the parents that were wrongly charged with, “Failure to Protect.” Social Workers and the Police are taught how to lie and to twist the truth. We are in the end days and Biblical prophecy is being fulfilled. The movie, “Total Recall,” revealed how unethical our society is getting. The Blood moons are coming September 2015 during the Jewish Festivals. More Prophecy is expected to be revealed The good news is that Jesus will be separating the sheep from the goats.  The goats won’t have any chances for Salvation. That means that there are plenty of Social Workers and Police that are in danger of living like goats.  

      • We should start posting unethical OC Social Workers.
        Here’s one for you K. Cantu. Google another:
        Lying social worker. The last name is Vreeken.
        This was a case brought by some grown children that we’re taken from their mom and if they didn’t cite with Vreeken the she said they’d never see there mom again. Turns out the grown kids won a lawsuit in Superior count $4.6million. Total cost to OC was over $10million.
        This was also in the OC Register and is the largest lawsuit in Orange County, CA. The OC Treasurer, Moorlach, was furious because the OC Supervisors turned down a $500,000 initial lawsuit by the girls and paid out over the $10million in awards and legal costs. This article is a must read for corruption.

    • I did take my case to court and won. The Judge has to believe 51% that your innocent to win. My Atty wants me to plead guilty but I told her I wasn’t going to bow down to King Nebuchadnezzar and the system. I went thru the fire like Shadrach. Meshach and Abednego. There was the fourth man that helped me thru this trial that gave me the Faith to endure. I caught my daughter’s Atty trying to lie in a question directed to me to answer. The Attys timing was all off in thequestion asked. I stopped her question and looked at the Judge for the Atty to get her act straight. I knew the truth and stated the truth while the Attywas grasping at straws. The Atty messed up on her dlates and time sequences. When the decision was made I didn’t understand it all until my Atty told my that we won and could take my daughter home. The Social Worker as also caught lying by my Atty. Read the court papers and point out the inconsistencies. Know your case in and out with time dats, places and people. Perry Mason is great at this. Lastly, keep the Faith and Pray. There’s always 3 sides to a story. There’s, yours and the truth that God knows.

  3. I fighting cps right now. Not only did they lie in the media and in court. So I since told my story. I just hired and attroney an Im going to sue there ass after I get my kids back. I just appealed the court,, I felt bullied to sign that paper. They messed with wrong mother. hahaha good thing i keep everything.

  4. Hello my name is Candace Starr and I have been fighting against CHFS in Lexington Kentucky for 2 years. I moved to Lexington on August 28, 2012 and my kids were removed from from false accusations about my brother. The CHFS people said that my oldest child stated that his Uncle Brandon smokes weed,curses them out, hit him so hard that it made his heart beat fast. The caseworker never mentioned it to me. I just found all this out this year of 2015 when I requested for my paperwork. I have being compliance with my them for 2 years and now they are trying to terminate my rights. I need help and guidance, they are trying to deny giving my family member Guardianship. My caseworker Supervisor told my sister that she was not going to look into her information and where was she two years, then she stated that one of my sister denied giving her information, but when question what sister denied giving her information she didn’t have a name. They gave being lying to courts and judge trying to make me look like a bad parent. I was never on one document stating that I abuse my kids, neglected my kids, harm my kids or etc. I am trying to fight to prevent from getting my rights terminate because of CHFS lies. They have being lying to me for two whole years telling me they are trying to reunite the kids with their Mother and then everything change to adoption. They have no real evidence against me just false accusations and the lies they are telling to make me look like a parent. I am really trying to seek help because I am new to all this and I need to know how to prevent this for happen. I live in Lexington KY. I was born and raise in Arkansas, I moved to Kentucky to have a better life for me and my 4kids but it has been the worst two years of my life with no family and Lexington. I have been fighting and fighting against these CHFS people. I recently had a baby Boy on August 8,2014 they took him from me at the hospital for no reason, stating that due to my other 4kids is in the system I was a neglected parent, but how is that If I was never proving to be neglected just My brother was the perpetrator. I can’t sleep at night, I never been without my kids my oldest is 11 years,my next to the oldest is 9years old and my twins is 4 years having them not in my life for these 2years has been reckless. Not able to spend Birthday, Christmas, Thanksgiving, and every other holiday has been terrible but as long as am living in thus Earth and God continues to wake me up every Morning I will fight for my 5kids to come home where they suppose to be. Not in Foster Care but with a Mother that gave birth to them, A Mother that loves them, A Mother that stayed up With them on late night through their teething, running a fever, having Diarrhea, and Still making it to school to get my diploma. I graduated high school with 2 kids and for the CHFS In Lexington Kentucky to tell me am not able to raise my own kids has been hurtful thing. I l have lost 1 year of my new child, I only got to spend 4 days with him at the hospital it hurts me to not have had the chance to bond with my son while another person are bonding with him or might be even hurting him I have lost 1 year of his life I am refusing to let them to continue to destroy my family. They lie and say the kids are doing better without me when I know for a fact my kids want to come home and be a family again.

  5. Hello my Name is Candace Starr, I have been fighting against CHFS in Lexington Kentucky for 2 Years. I moved to Kentucky on August 28,2013 from Arkansas for a better life for me and my 4 kids. Unfortunately, it did not work out like that. The Department of CHFS stated that a petition was filed Jan 16,2014 which I never receive in Paperwork. That my son “Gamarius, my daughter Katoria and my twins Brooklyn and Braylon are neglected Children. On November 21,2013 the cabinet received a report about inappropriate housing, drug use, inappropriate discipline and exposure to violence. The Department stated that my son (Gamarius) reported that his uncle Brandon has hit him with an open hand on his chest hard and it made his heart go fast. They also stated that my son (Gamarius) reported that Brandon smokes weed and drinks alcohol and curses at them calling them “b’s,” “a’s”, “f’s” and”ho” which the case worker never told me that my son said any of those these. I was always at work at the Waffle House 7pm unto 7 am and I always asked them how they night was with their uncle Brandon abs they never told me any negative remarks. The Caseworker stated that she requested me to take a drug screen on December 9, 2013, but I never receive any paper work from her or the judge requesting to drop and they said I failed to complete one. I admit I did say I use to Smoke Marijuana every other day but they twisted my words and said that I stated that I smoke marijuana (1) blunt every other day while the kids were at school which I did not say. They also stated that I told them that I had prior social services history in Arkansas which I did not say. I told her that I had just won a case against DHS in Arkansas and why are they are not giving me any paperwork from the CHFS and I knew my rights. On Jan 22, 2014 an initial hearing was heard before Judge Philpot once again I never receive any paperwork stating that I had to go to court, so I don’t know what type of lies was told to Judge Philpot because at the initial hearing Judge Philpot did not agree with the children remaining in the him given the non-cooperation of drug use and inappropriate discipline. I have been compliance with the CHFS for 2 years now, have completed parenting classes, dropped over 250 times, and now they are trying to terminate my rights after everything I has done over these past 2years. They have lied in court, they have denied looking into my sister information so the kids can get out of the system. I have had over 3 Social Workers and neither one has been for more. My first Caseworker got fired because they said she lied under oath, she was willing to return my baby home that I had on August 8 ,2014 she stood up in court and asked the judge that I have custody of my baby because I was being compliance with them and my 4 other kids was on their way to be in my custody. The next day she were fired and now every case worker I had after her, has been against me. I am torn apart I have not bonded with my 1 year I only got to spend 4 days with him at the hospital and visit until the foster parent Eric pick him up which I had no knowledge of until I went to the hospital for my visit and they told me had been picked up. My kids was well taken care of now I have no knowledge of what they are doing I do have visit every other weeks but that is nothing compared to having them at home with me everyday, so I can give them the nurturing that a mother give her child that she gave birth to. I am seeking help because I really so need to know the next step I need to take. They have taken, lied to me, for 2 long years and after all I have accomplish and done for them they are still not trying to give me my 5 Kids that God created for me.

  6. Pingback: BEATING CPS? | Enemy of the State WV

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