HOW TO FIGHT BACK AGAINST CPS

(www.facfightingcps.webs.com)

            Since writing my first blog posting on Child Protective Services (CPS) and how corrupt they are, (http://findingtruthinadeceptiveworld.blogspot.com/2012/06/child-protective-services-cps-system.html) I have been overwhelmed by the number of e-mails that I have received from people around the country who have suffered under CPS’s tactics.  Well – amazed is really not the right word here.  I am in no way surprised because I have known for quite some time now that there are thousands upon thousands upon tens of thousands of victims out there – but I am amazed that there is still very little these victims can do to defend themselves.

            Part of the reason why CPS gets away with what they do is because so much of the general public is totally complacent and unaware about this organization.  They believe that they are actually helping children.  So long as you have no direct dealings with CPS, you can continue to live in your little bubble while others are suffering horrendously under CPS’s unaccountable, illegal, destructive actions taken against completely innocent people and families.  I know – I was once one of those complacent individuals.  However, once CPS comes knocking – it’s a shocking eye opening to reality.

 (www.familyrightsassociation.com)

            Without repeating the stories in my earlier blog, one person who recently e-mailed me told me of her encounter with CPS that occurred just this past summer.  She came home from work one day and got a frantic telephone call from her daughter.  CPS had been to her house and had removed her three children.

            Her daughter told her that she had run out to do some errands and had a neighbor’s 14 year old daughter come and watch her children, ages 1, 4 and 7 for a couple of hours.  (Just as a quick background here – the father is serving in the military in Afghanistan so was away from home.)  When she arrived home, two CPS agents and two police officers were in her home.  One of the agents then asked the daughter how much violence was occurring in the home.  She was shocked by the question and told the agent that there wasn’t any violence.  The agent then held up a child’s bat that was cracked open on one side and then asked the daughter if she wanted to answer the question again?  The daughter was totally confused.

            At that point the 14 year old babysitter spoke up and said that the 7 year old had shown her the bat and told her that “Mommy got really mad and used his bat and broke it.”  Upon hearing that, she called CPS.  The daughter then turned to the CPS agent and told her that she had used the bat the other day while she and her kids were outside.  A big snake was on the driveway and she didn’t want it to go near her children so she used the bat to chase it away.  She had hit the ground several times with it to divert the snake and the bat cracked.  That was all.  Unbelievable to her the Agent instructed her co-worker to take the children outside and put them in the car, the police were to prevent the mother from stopping them.  The daughter was then told that her “violent” actions were disturbing and a more thorough investigation would be needed.  Until then, the children would be taken to a “safe home”.  The agents, police, babysitter and children left the home and that is when she called her own mother.

            Her mother then called CPS and was told that as the grandmother they would release the children into her care as long as their mother was not allowed to be around them unsupervised.  The grandmother agreed and went to the CPS offices to pick up her grandchildren.  When she arrived they asked her to sign a release paper.  Before signing it she read the paper and the paper stated that “she had witnessed her daughter being violent around the children”.  She was shocked but took her pen and scratched out the line, signed it and handed it back.  The person on the other side of the desk looked at the paper and told her that it was unacceptable as the document could not be altered.  She either signed it as it was or the children would not be released to her.  Having worked in law for many years the mother knew that anything signed under duress was inadmissible and she wanted to get her grandchildren out of CPS’s hands.  Believing she could easily dismiss the paper later, she signed another copy of the paper and the grandchildren were released to her.

            This incident happened in May 2012 and the children are still with the grandmother.  She has tried to return the children to her daughter but CPS has taken the mother to court, accusing her as being unfit and a danger to her children – they used the signed paper of the grandmother as evidence.  The mother/grandmother testified as to why she signed it but her statements were dismissed as trying to protect her daughter.  Even though the father has now returned, CPS will not allow the children to go home because they repeatedly state she is a violent person.  Now CPS is petitioning to have the children removed from the grandmother and put up for adoption.  Their reasoning is that the grandmother is unstable as she contradicts her own signed statement, her irrational emotions around the children are damaging their psyche and they believe the children would be better off if placed in a new home.

            To date, this family has paid out over $15,000 in legal bills.  They have now exhausted all of their savings.  They recently hired a new lawyer, pro bono, but still have a hard road ahead of them.  All because a 14 year old girl saw a cracked bat and determined the mother was violent and the CPS agents were all too happy to agree.  Of course, there is a lot of money involved here (again see my earlier posting to see how much).  The whole thing is shocking – heart-wrenching – and CPS will probably get away with it.

            If you surf the internet you will easily find hundreds of horror stories like this.  Our complacency is allowing it to happen.  Where can these victims go for help?  Unfortunately at the moment – there’s not much out there.  From my own experiences, I found the following:

1.         Support groups quickly disband from lack of support from the community, schools, law enforcement agencies, and even the medical profession.  In fact, people who have tried to join a support group have found that that action alone makes others in their lives, i.e., other family members, friends, churches, etc. look at them as though they are actually guilty.  CPS agents have also been known to target family members in support groups, again using the fact that they are attending a support group as an admission of guilt.

2.         Fear.  People caught up in CPS are so taken off guard, so confused, feel so alone, and fear that others will believe they have done something wrong that they remain silent and let the “system” do what it will in hopes that in the end things will work out.  They never really do.  Oh, children may remain in the home, cases may be closed, but the emotional damage inflicted on the accused (wrongfully accused) is permanent.  It never goes away.  So they hide and don’t speak out about their injustice.  CPS counts on this.  They do a wonderful job in intimidation.

3.         Lawyers are extremely reluctant to take on a case against CPS.  They know it’s a losing battle before they even begin.  And even if they win – they lose.  Case in point:  A lawsuit was filed against CPS in Utah.  CPS had forced the parents to have their son undergo unconventional medical treatments.  The details of the case are complex but needless to say, the matter was in the courts for several years.  In the end, the Judge ruled in favor of the family.  The Judge then went on and issued a judgment against CPS for a grand total of $1.00.  That’s it - $1.00.  As far as the Judge was concerned, that covered the family’s damages.  The Judge went on to say that it was enough that they had won.  A large judgment was not awarded because the Judge did not want to set a precedent for others to try and sue CPS.  Are you freaking kidding me?  The lawyer had spent thousands and thousands of dollars out of his own business to bring the case to trial.  He was disgusted by the results.  In addition, he now refuses to ever take on any case against CPS again and he is by no means alone in that regard.  So, even though CPS lost – they actually won.  They went on their merry way in search of their next victim.

            So, how do you fight against CPS?  First and foremost – stop being silent about it.  Talk, talk, talk and talk about what happened to everyone.  Post it on Facebook and other social media.  CPS is counting on your “embarrassment” and “silence”.  Don’t give them that round.

 (daveyonefamilylawmanblogspot.com)

         Before CPS ever comes knocking, know your rights.  Know that if a CPS agents shows up at your door DO NOT let them in.  Our Fourth Amendment Rights protect us from unlawful entry.  Unless they have a signed search warrant from a Judge – they have absolutely no right to enter your home.  They know this which is why they bring the police because the police presence is solely there to intimidate you.  People let CPS Agents in believing this is showing them that they are being cooperative.  This is a huge mistake on 2 fronts.  First, once you allow them into your home – you waive your Fourth Amendment Rights.  Second, CPS views “cooperation” as an admittance of guilt.  So, if they show up – be polite and speak with them on your doorstep/porch/sidewalk but inform them that if they have anything to say they need to contact your lawyer – you have nothing to say to them.  Politely leave and go back inside your home.  Oh, they’ll try to intimidate you but you have the law on your side at that point.

            If, however, you decide to speak with the agent or agents – again DO NOT LET THEM INSIDE YOUR HOME – then tell them before they begin to ask questions you will need to document everything.  Document what they ask, what is said, etc. in writing and on a tape recorder.  Writing alone can be dismissed later but if they are on tape – that’s another story.  And, if you have it available, videotape it as well.  Most cellphones today have this capability.  If the agents refuse – then walk away and say nothing.  When CPS agents show up they usually only have someone’s say-so and have NO evidence.  They are on a fishing expedition and your job is to not give them any fish.  Again, be polite, thank them for coming and tell them to speak with your lawyer.  If you do not have a lawyer’s name to give to them at that point, tell them to call you in a few days and you will give them your lawyer’s name.  Say nothing else, go back into your home.  You’re children should remain in the home at all times.  The CPS agent does NOT have the right to question them without your permission.  (Unfortunately, CPS agents often show up in schools and even though schools know that a child should not be interviewed without a parent’s permission, they are great violators of this rule.  Public schools are CPS’s major source of referrals.)  However, in your home – you are the boss and CPS cannot, without a signed warrant, circumvent your rights and authority.

            I have heard of a number of people who followed this step – didn’t have a lawyer’s name – and then never again heard from CPS.  However, to keep yourself safe, get a name.  Call your state’s free legal practice group to get a name of a lawyer – even if you haven’t officially contracted with that lawyer (that can be done at a later time if need be) just giving out a name often stops CPS in their track.

            Finally, I found a great site that provides a lot of information and can direct you toward finding help.  It’s not a cure all but a start.  Check it out at:

 http://fightcps.com

           To eventually beat CPS, people are going to have to start speaking up LOUDLY and OFTEN.  Call your State Representatives and Congressmen.  Be proactive in taking CPS down.  If enough of us stop being complacent – I actually believe that CPS can be held accountable.  I don’t necessarily believe that CPS should totally be disbanded as they do, on occasion, actually help a real victim, but I believe checks and balances need to be in place for them, accountability and guidelines on what constitutes true abuse, education on investigating thoroughly before acting on any accusations and so on.  Until then, we’ll just have to fight as a group together.

           If you know of any other helpful websites, please feel free to list them in the comments section below.