Vital Information from Attorney Vincent W. Davis

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THE FOLLOWING INFORMATION IS PROVIDED BY ATTORNEY VINCENT W. DAVIS AND COPIED HEREIN WITH PERMISSION. PLEASE CONTACT ATTORNEY DAVIS FOR MORE INFORMATION: 888-506-6810

The Most Important Thing You Must Know At the Beginning of Your Juvenile Dependency Case

by VINCENT DAVIS on NOVEMBER 3, 2014

I’ve been noticing a shift in the willingness of social workers, and sometimes judges to place foster children with family. It seems that all the political lobbying foster parents are doing in Sacramento and amongst the County social workers is paying off.

It is imperative that you know the following: YOU MUST FIGHT TO PLACE YOUR CHILDREN WITH FRIENDLY RELATIVES at the very beginning of the case; otherwise you risk losing them to adoption to the foster parent. This is rarely fought about during these juvenile dependency cases. And it should be something that should be raised by your attorney at each and every hearing…

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What Happens If You Do Not Answer The Door For CPS?

WHAT DO I DO? WHY ARE THEY HERE?!?

If you didn’t answer the door for CPS – I COMMEND YOU! But what happens now? Well, I can assure you they will be back. Unless they have real evidence that a child is in imminent danger of physical harm or death, most likely they cannot obtain a warrant. However, they may commit perjury to do so. They may come back with the police but if they are knocking, they do not have a warrant therefore, not enough evidence. The police will just be an intimidation tactic and/or protection for the CPS workers. So you don’t have to answer the door then either. If you choose to not open the door, you can either ignore them or speak to them through a security screen door or the window.

If you decide to ignore them, be aware of your household noises. So if your children are playing outside, if you just had a visitor show up and CPS surely saw them enter your home, if your kids are running around the house making all kinds of noise, if the phone rings while they are at the door and they hear it ring and answered, if you have a fireplace and there is smoke coming out of it, if you have a dog that barks at the door and you call the dog off and it stops barking (when people are not home, most dogs continue to bark and bark as long as there is someone at the door). If the TV is loud and then all of a sudden the volume turned down, if you have a sneezing attack, or any other obvious sign that you are home, you are taking a risk that they will interpret your actions to mean that you are hiding something and/or that your lack of answering the door means the child is in imminent danger.

If you decide to speak to them through a security door or window, give them your phone number and tell them to call and make an appointment because now is not a good time. Tell them someone has a highly infectious disease, they for sure won’t want to come it. But they will probably want to know who, if there are children exposed to it and why aren’t they at the hospital. But, feel free to be creative. You could also deny you are the person they want to speak to by saying that you just moved in yesterday. They don’t ask for ID when they are at the door. I don’t believe they ever ask for ID during an investigation.

cpsatdoor

CPS at your door, don’t let them in!

If you are home and the kids are taking a nap, you probably can get away with not answering the door if the house is relatively quiet. If it is ever questioned, you can say that you were cleaning with the vacuum on, chilling out back with your headphones on, you were in the shower, out gardening in the backyard or taking a nap.

headphones

 

OTHER LOCATIONS OF  STATE-RUN CHILD ABDUCTIONS:

What you also have to worry about is CPS going to your child(ren)’s school. Every employee in the school district fully cooperates with CPS and will not hesitate to allow them access to your child and thus violate your child’s rights and your right to be present. Children are often detained from their parents at their school.  What I would do is write a Declaration of Non-Authorization, get it notarized and provide it to the school administration. Make sure you speak to the office staff, the counselors and the Principals, explaining to them what your Non-Authorization is about. Simply write something like:

      I, Jackie Nosmakey, hereby restrict Safe Haven School District and Safe Haven Elementary School Superintendents, Directors, Administrators, Clerks, Counselors, Nurses, Social Workers and other school staff, including volunteers and visitors, from allowing anyone representing Social Services, including Police Officers, to speak to my child, Angelle Nosmakey, without my express written consent and/or without my presence and the presence of the child’s attorney from Law Offices of Joe Justice.

Date:                                  Signed:                                                     Printed Name:                                             

Relation to the child:                                                                         

Witnessed by: (notary seal and signature)

 

Acknowlegement and acceptance of Non-Authorization

Date:                           Principal’s Signature:                                            Printed Name:                               

Date:                            Child’s Counselors Signature:                            Printed Name:                               

 

WHO CALLED CPS ON ME?

Remember, an anonymous call is NOT evidence or admissible testimony in a real court so by letting them in, you are opening the door to become a victim of false accusations, falsified evidence and absolute misery. CPS won’t even use the anonymous caller in court since they want to stay “anonymous”. Anonymous callers are chickenshit people who can’t express their concerns to your face. People should find out what is really going on if they really care about a family. Most “referrals” to CPS are based on a petty dislike for a person by a judgmental person. “Mandatory Reporters” are usually “collaborative partners” and “stakeholders” in the child welfare industry. They are always under threat of losing their job if they don’t meet their quota of referrals to the Child Protective Services Child Abuse Hotline. Allowing the person who initiates an investigation immunity and anonymity is one of the basic fundamental problems in the systematic abuse of child welfare services.  

IT MAY OR MAY NOT BE YOUR LUCKY DAY!

If you can get away with not answering the door for CPS, why put your family at risk? Don’t ever think for one minute that you can reason with these people. Sometimes, yes, social workers have appeared to be reasonable. It all depends on the social worker’s mood of the day, caseloads, schedules, and funding needs of the department. The Director of Social Services often sets the mood by the amount of pressure they put onto lower management and supervisors.  Other factors include such things as what was said by the person who made the call to CPS. For example, in our first case, my husband’s ex-wife made approximately 20 calls to both the hotline and the hospital while I was in labor. She literally said, “That baby will die if you let them take it home!” This is known by her own admittance. As you can see, we had no chance at reason. Another factor is the social worker’s initial interpretation of your character combined with their mood for the day. For example, sometimes they may go for the throat if your reaction is even the least bit defensive and they are in the mood for a challenge. Other times, they may back down thinking you will just be a pain in their you-know-what for the next year and a half, maybe longer. Sometimes a social worker will feel that your cooperation with their investigation is a sign that you are gullible and easy to take advantage of. Again, depends on whether or not they are in the mood for a challenge that day.

The risk of your child(ren) being removed from your care greatly depends upon their “adoptability”. Blond hair, blue eyed children are seen as the most marketable, well mannered children are easier for foster parents as well as adaptability, talented children are often confiscated and adopted by social workers themselves. I believe the reason for this is so that the child ultimately makes them look good and take the credit for their talents. 

SIGNING A “SAFETY PLAN” IS UP TO YOU BUT I WOULDN’T DO IT.

Sometimes CPS will simply want you to sign a “safety plan” directing a parent or parents to change their living arrangements like forcing a parent, family member or roommate to move out of the house or to remove the children from current living arrangements. Often they instruct a parent to file a restraining order and/or file for divorce. Sometimes they demand that someone attends a program such as substance abuse (often a year long program), domestic violence or anger management class without actually opening up a case. The agency pays for the program and a Release of Information is signed by the person attending the program. Often the parent will comply but then stop attending the program without realizing that the collaborative partnered service provider (the program) will inform CPS of the parent’s drop out which will certainly be violating the signed “safety plan” thus, CPS now has cause to remove your child on the grounds that the child is no longer “safe” because you violated the “safety plan”.  A social worker will show up with the police and take your child regardless of obvious lack of the child’s saftey being “at risk”. They have been known to show up at a parent’s door, ask where the child(ren) are and even if they are now living with a grandparent whose home has no safety issues as far as CPS goes, they will go there and remove the child simply because they feel they can. Social workers do not care about whether a child is genuinely “at risk” or not, they remove children for no reason and then exaggerate the facts in their report to substantiate and justify the removal.  SO DON’T SIGN A SAFETY PLAN IF YOU DON’T WANT TO BUT IF YOU DO, MAKE SURE YOU ABIDE BY EVERY CONDITION IN IT. I guarantee removal of your child if you violate it. 

HOW I WOULD HANDLE CPS AT MY DOOR KNOWING WHAT I KNOW NOW:

If I could do things over, knowing what I know now, this is exactly the way I would handle CPS at my front door in August of 2007:  I would speak to them through our front security door rather than let them in. I would call my daughter to the door for a visual inspection then tell the social workers that I would be more than happy to speak with them when we return from vacation in three weeks since we were taking a road trip across country to visit relatives 3000 miles away. As soon as the social worker drove away I would pack up the kids and take them somewhere safe. I would have given myself three weeks to secure a place to live IN ANOTHER COUNTY.  I would probably stay in a hotel for a few nights while I made the rest of my plan. I would be extremely selective of who I talk to and who I ask for help. You would be surprised how family members and close friends and neighbors automatically think that if CPS was at your door there must be a valid reason so since they care about the well-being of your children, they eagerly give social workers as much information they possibly can to find you. I would call the school and give them the vacation excuse as well.  In three weeks, I would call CPS and tell them we are going to stay with the relatives 3000 miles away and follow up with the same thing with the school.  By then, I would be in another county or state anyway but I would still wait another month before enrolling my kids in a private HOMESCHOOL program for a while. 

Answering the door is YOUR CHOICE. Not answering the door is YOUR RIGHT. 

Dear Donnelly,

My sweet Angel, Donnelly Keaton Burns,

Today is August 25, 2014. It has been 1,185 days since I last hugged you, 1,185 days since I was able to see your face up close, 1,185 days since you have been able to see or speak to me and your Daddy. Oh how we miss you. Everyday of our lives we think about you, remember all the cute things you used to do, the things you liked and didn’t like, we miss you so very much. I know there is no magic wand that would reverse everything that has happened so our family could be back together again. I keep hoping and praying for a miracle. if there was a way I could possibly prove myself to your adoptive parents so they would be open to speaking to us I would do it. I would do anything they ask for just a flicker of hope that they will allow you to see us. You deserve to know that we are OK. You deserve to know that your family did not abandon you, that your family wanted to keep you, that your family will always be here for you. 

I hope you are happy, even without us. That is the most important thing, your happiness and a normal childhood. You deserve that. You are such a special little boy. I know you will grow up to be a fine man. I bet you are doing well in school. Do you like to go to school my Angel? What subjects are your favorite? What subjects to you get the best grades in? I wish I could be there for Open House night. I wish I could go on field trips with you and your class. I wish I could read you bed time stories, I wish I could take you to the movies to see Cars and Planes and whatever else is out now. I don’t keep up on those things anymore. I try to ignore them because it hurts too much to know I am not allowed to know anything about your life and what you are doing. 

I love you Donnelly. We all love you so much. xxooxxoxoxo 

Mommy