PARENTS VICTIMIZED BY
CHILDREN'S PROTECTIVE SERVICES
Key Words: CAS, CASA, CASR, child abuse, child protection, children's services,
civil rights, CPS, DPASS, DPSS, DSS, DYFS, false accusations, family rights, fathers'
rights, HHS, mothers' rights, parental rights, social services, VOCAL
Topics covered in this section are:
* This information was provided by the families of VOCAL - Victims Of Child
Abuse Laws, an non-profit agency with chapters in many US states.
This material should not be interpreted as giving legal advice. We recommend that you
consider the information only in conjunction with the services of your attorney. You can
get information about lawyers in your area from:
- The yellow pages of your telephone directory
- Your local "community information" center
- Your state or provincial Bar Association
- Your Legal Aid Society
Some attorneys have rates geared to your income; some will accept "pro bono"
cases (without charge).
Throughout North America, social workers employed by children's protective services are
hopelessly overworked. They are required to make judgments that will seriously affect
families. They generate much animosity and family disruption when they take a child into
protection. And they are seriously criticized if they leave a child in a family who is
subsequently abused.
Many have inadequate academic background, and knowledge of cultures and religions other
than their own. Some are unaware of the ease which a false memory can be implanted into
the mind of a child. The results can be disastrous. Abuses and errors in judgment are
common. Innocent parents are drawn into a system that is out of control.
We are VOCAL: a group of parents, children and others, who are family advocates. Our
purpose is to see that children and their families are protected from all forms of abuse.
VOCAL is a network of local and state organizations serving as nonprofit family advocacy
agencies that provide emotional support and education.
The primary focus of VOCAL is individual and public education. Our goal is to increase
the awareness of state and federal legislators and promote judicial law enforcement,
social service and medical improvements.
VOCAL is for those who are falsely accused of abuse or neglect. False
accusations result in innocent children being torn from their families, subjected to
needless foster care, lengthy interrogations, intrusive physical examinations and
unnecessary therapy due to misdiagnosis. This is bureaucratic child abuse. Abuse is abuse
regardless of the source.
Statistics show that 60 to 80% of ALL accusations of child abuse are unfounded. This
high rate of false accusations devastates innocent families and it diverts the efforts of
those professionals involved in real abuse cases, reducing the care and help available to
children who really need it. VOCAL strongly supports just and reasonable child abuse laws;
however, VOCAL is opposed to social workers, attorneys, law enforcement officers and
self-appointed "child advocates" who exceed their power, disregard the goals and
intent of the laws, and thereby end up subjecting children to abuse.
Vocal maintains a national hotline at 1-800-745-8778.
YOU ARE NOT ALONE! If we join hands and work together, we CAN make a difference!
- DON'T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A WARRANT.
This waives your right under illegal search and seizure under the Constitution. This will
allow them to come into your home at ANY TIME and search and seize your children or
belongings.
- DON'T SPEAK TO ANYONE ABOUT YOUR CASE without first consulting a lawyer. Everything
you say can and will be used against you. If you cannot afford a lawyer one will be
appointed to you if you are arrested. No attorney will be appointed to you if this is a
civil case (family law). In some states, attorneys are appointed to parents in juvenile
dependency court. Contact the local Bar Association or legal information service nearest
you for this information.
- DON'T CONTACT THE ALLEGED VICTIM, THEIR FAMILY, OR PROSECUTION WITNESSES. Any and
all such contact will be construed as an attempt to bribe or threaten the alleged victim
into silence or recantation. Such contact must be done through a PRIVATE INVESTIGATOR who
will work through or with your attorney.
- DO GO ATTORNEY SHOPPING. Seek out an attorney who is experienced in child
abuse cases (specifically false cases). For assistance, contact your local VOCAL or call
NASVO at (916) 863-7470. If you cannot afford an attorney, one will be appointed to you in
criminal court. If you are in civil court (family), you must pay for your own attorney.
Depending on the state, you may or may not be appointed an attorney in juvenile dependency
court.
- DON'T TURN TO DRUGS OR ALCOHOL. Such substances are habit-forming and are
depressants. They can cause you to jeopardize your case.
- DO KEEP ACTIVE. Physical and social activity are healthy and will assist in
keeping depression at bay.
- DO HIRE A PRIVATE INVESTIGATOR. Some attorneys have their own in-house
investigators. Some do not, and IT IS CRUCIAL THAT AN INVESTIGATOR BE IMMEDIATELY ASSIGNED
TO YOUR CASE. If your attorney does not provide one, call NASVO for references.
- DO KEEP A DAILY JOURNAL. A journal should document what you do, where you go and
people who see you or are with you. Keep receipts of purchases for evidence of activities.
Go through canceled checks, photos, letters and holiday experiences to back-date a
journal. Try to reconstruct everything you did and where you were at the time of the
allegation. Give a copy of the journal to your investigator and lawyer; it may provide
evidence.
- DO STRIP-SEARCH THE ACCUSING CHILD'S ROOM, if the child lived in your home. It
can provide proof of your child's activities and sexual and social habits. Look for notes,
letters, diaries, photos, telephone numbers, drug or sexual paraphernalia. Give copies to
your investigator and your lawyer.
- DO PAY YOUR ATTORNEY OR INVESTIGATOR. The people you hire for your defense are
professionals and will work toward finding a solid defense. It is advisable to ALWAYS
ENTER INTO A CONTRACT AGREEMENT FOR FEES. This sets the boundaries of your agreement and
protects both you and your defense professional from failure.
- DOCUMENT EVERYTHING If possible, tape record or video tape all conversations with
anyone involved in your case, as well as any visits you may have with your child. Federal
law says that it is legal to make tape recordings as long as one person being taped
consents to it. Some states say otherwise; California is one of them. To legally tape
record anyone in California (state law) you must advise them that you are going to tape
record the conversation and that if they do not wish to be taped then they have the right
to remain silent. If you are unable to tape conversations or visits, then document the
situation as it is happening or as soon afterwards as possible. Be sure to include as much
detail as possible.
- START A PAPER TRAIL Every time you talk to Social Services, document what was
said and write a letter to that person asking them to confirm or deny the contents of the
letter within 10 calendar days. In your letter state that "failure to confirm or deny
the contents of the letter will constitute an agreement that the information contained
therein is accurate". Send the letter by certified mail or Return Receipt Requested.
Faxes can sent as long as you have verification that the fax was sent and received. Make
sure that you cc: copies of all these letters to your attorney. Advise your attorney (in
writing) to send copies of the letter to County Counsel, other attorney's involved in the
case and to the judge IF your attorney feels that it is appropriate and that it might be
to your advantage.
- ARM YOURSELF - WITH POWER Knowledge is power. Knowing how the system works and
what is required of social workers can help you put them on the defensive when you force
them to do their job properly!
For California, call the State Department of Social
Services at (916) 657-3661 and request a copy of DIVISION 31, CHILD WELFARE SERVICES
PROGRAM Manual of Policies and Procedures. Ask to be put on their update list and you will
automatically get updates to the manual. Your FREE copy of the manual should arrive about
two weeks later. It contains the regulations that CPS is supposed to follow.
Read the manual and document all violations. Give your attorney a copy. In court, your
attorney can basically "put CPS on trial", forcing them to defend their actions.
This takes the focus off you. If your attorney puts you on the stand, the focus should be
on your concern for your child (i.e., regression, poor grades, behavior changes, etc.).
This strategy will not guarantee a win, but it can change "the flavor of the
court" in your favor.
You can also fax copies of the violations (along with a brief cover letter) to the
agencies listed below. This could start an internal investigation into your case.
- Children's Operation Bureau; Attn.: Bill Lamb; Fax (916) 445-2898 or (916) 445-2836
- US Commission of Child & Family Welfare; Attn.: Kevin Costigan; Fax (202) 401-5539
- Call the Administration for Children & Families and ask where to send or fax your
letter for their attention in this matter. The phone number is: (202) 401-9200.
- LEARN TO TALK THEIR LINGO CPS uses key phrases like: "indicates, seems to
think, appears, could be" and others to gain an advantage in court. Learn to use
their key words in your everyday language so it becomes natural and then use them to your
advantage on the witness stand. Their use of these phrases is no accident. They KNOW how
it will look to the judge. The judge won't see their statements as implications and
opinions but will accept them as facts instead. Whatever you do, DON'T LIE but DO use
their key words to your advantage. You MUST be better prepared than they are!
- CHECK YOUR COURT RECORDS Check all court documents for errors. Simple
things like names and birth dates are often wrong. List all errors, give your attorney a
copy. It establishes a pattern of errors which may be used in your favor (i.e., social
worker incompetence).
Find opinions stated as facts, i.e. "The child was not
unhappy, indicating he did not wish to return home." This is an opinion. The social
worker has no idea how your child acts when he/she is happy, sad, scared, confused, tired
or sick. The opinion didn't prove anything but a judge may see it as fact: "The child
is happy at the foster home and does not want to go home." The judge will not side
with you if this opinion isn't clarified!
List every opinion that is presented as fact and give your attorney a copy. Ask your
attorney to clarify them in court. It might be enough to tip the scales in your direction.
If nothing else, CPS will have some explaining to do in court!
- WHO'S SAYING WHAT? If you are involved with CPS, you have the legal right to look
through your case file (and to have copies of it). Social services may tell you that you
must have your attorney request that information in writing. (It's not entirely legal for
them to do that, but you don't really have many options here.) If that happens, ask your
attorney to request a copy of ALL case notes and any other documentation that CPS has
against you. Ask your attorney to give you copies of ALL information that is obtained so
that you can list the errors and omissions in the documentation. (By law, CPS is required
to list every contact they have had with you, including all phone calls, but they seldom
document it unless they can use it against you.) This step may help you in your defense.
- MAKE THEM 'PUT IT IN WRITING'! Any time CPS tries to force you to do something
that is not in their plan (i.e. Reunification Plan or Family Maintenance Plan)
tell them to put it in writing. (Example: CPS tells you that you can not talk to your
child about the past or the future.) They will probably tell you, "I don't have to
put it in writing. I told you what to do." At that point, simply inform them that you
are not legally obligated to do as they requested unless you have a court order. Make sure
that you tell them that you do not feel that those actions would be in your child's
"best interests". (Some attorney's will tell you to go along with CPS anyway.
They want to keep the peace and they don't want you to make the judge angry. There is some
justification to this way of thinking.)
- GET FRESH BLOOD Most attorneys work within their own county. Keep in mind that
your attorney must face the same attorneys and judges day after day. They all know what to
expect from each other and what kind of a response to expect from the court for various
situations. Judges can prevent attorneys from providing their clients with the full
benefit of their strategies and expertise, so get some fresh blood in the court room. Try
to hire an attorney that is NOT from your county. If possible, hire an attorney from the
capital city. Why?
- The judge has no idea how your new attorney operates or where your attorney is from. The
judge will wonder why you didn't choose someone local and will usually put their
"best face" forward. (The judge may think he/she is "being watched" or
"evaluated", especially if the judge discovers that your attorney is from the
capital city!)
- The judge will generally allow far more latitude in the trial to your new attorney.
(This is definitely an advantage.)
- Opposing counsel won't know what to expect either and it can shake them up enough so
they will make mistakes that make CPS look bad. (It's happened before!)
- The child's attorney doesn't know which way to go and will probably "straddle the
fence" through the entire trial or switch sides in support of the defense. After all,
the child's attorney wants to be on the WINNING side. It looks better that way!
- STACK THE DECK Right now you probably have at least two attorney's fighting
against your one attorney. In most cases the attorney for the child will side with CPS as
long as they look like they are on the winning side. Keep in mind that your child's
attorney is getting one-sided information. They are not talking to you. They are not
asking you what you think is best for your child. Chances are, they aren't doing much
talking to your child either. How can that attorney possibly know what is best for your
child if he/she only spends an hour or two with your child? They can't. They rely on the
information from the therapists (usually paid for and appointed by the county) and the
information from the social workers.
You need ALL the help you can get. Two or more
attorneys in your corner will certainly increase your chances of success. If there is a
step-parent involved in the child's upbringing, have the step-parent declared a
"defacto parent" (this entitles them to have an attorney, one may not be
appointed for them, but at least the step-parent can get legal representation and this is
another "ace up your sleeve"). If there is a grandparent that plays a very
significant role in the child's life (i.e. grandma provides day care while parents work),
they MAY be granted "defacto" status as well.
If there are any ex-spouses (child's natural parent) in the picture, he/she MAY be
willing to have counsel appointed for them (or hire an attorney) with the understanding
that all of you are WORKING TOGETHER FOR THE GOOD OF THE CHILD. It doesn't matter if the
natural parents hate each other, the child is all that matters and those negative feelings
MUST be put aside. CPS uses the strategy of divide and conquer. You must provide a UNITED
front in order to defeat their efforts.
Even if just the natural parents involved, you can still stack the deck in your favor.
Make certain you have TWO separate attorneys and that they are willing to work together.
There is a great advantage to this. Chances are, one attorney has been on the case since
close to the very beginning. The second attorney often comes in much later. The first
attorney should already know more about your character, your efforts and so forth. What
one attorney misses during questioning (including yourself) the other attorney can cover.
Together hey can bring out points that one attorney alone might overlook. Double your
chances of winning, get an additional attorney!
- HELP YOUR ATTORNEY The more you do for your attorney, the better armed your
attorney will be, and the easier it will be to win. When parents take an active role in
their own defense their chances of winning are greatly increased. Don't just pay your
attorney and walk away expecting the attorney to do the rest. Your attorney can not paddle
your life boat for you unless you inflate it first. Help your attorney defend you. Do your
own research, ask questions, and keep your attorney informed.
Keep a log of everything
concerning your case (phone calls, research, etc.). Find cases similar to your own that
has been won, make copies of your findings, and give a copy to your attorney. Make it
easier for your attorney to defend you by preparing your attorney well.
- PROVE YOUR CHARACTER Get Affidavits of Character from friends, co-workers
and clergy. You can take them to the Clerk's office and request that they be attached to
your file. Once they are attached to your file the judge is mandated BY LAW to read them.
The Affidavits of Character can not be "thrown out of court" nor do they
have to be entered into court as "evidence". You can take these steps without
the assistance of your attorney. Another advantage to this is that it allows your friends
and co-workers to "testify" for you without having to be subjected to a
cross-examination by the prosecution. It is strictly a one-sided view, in YOUR favor! [See
Note 1]
- KNOW YOUR CONSTITUTIONAL RIGHTS The Bill of Rights, part of the United States
Constitution, is the law. Unfortunately, we the people, often don't know what our rights
are. We have, through our own ignorance, allowed the state courts and "the
system" to strip us of those rights and we never raised a voice in protest. How did
it happen? It happened one little step at a time, year after year, until the system is as
it stands today. We can reverse this trend by demanding our rights. We can challenge the
laws of the state, court rulings and "county policies" that have been declared
local law. We the people have a duty to change the system when it no longer works. These
are not idle words, they are the American dreams and ideals we grew up believing in. We
can't rely on others to protect our rights, we must do it ourselves; the cavalry is not
going to rush in to save us. Learn your Constitution and keep a list of the rights that
were violated in your case. You can later use this information for civil suits if you wish
to proceed in that manner.
- TEACH YOUR CHILDREN TO "BE A BROKEN RECORD" When any government
official wants to question your child, he/she can answer each question with something to
this effect:
"According to the Privacy Act of 1974, I don't have to answer any questions
without my parents being present." If they proceed to question your child
without you being present, they are in direct violation of the law and can be sued for it.
The state receives Federal Money and their employees are bound by the Privacy Act of 1974.
- CAN I SUE? Yes. Some states are changing laws so that social workers can be sued
for violations of civil rights. In California social workers will have the same immunity
that police officers have starting on January 1, 1996. Social workers previously had
absolute (total) immunity regardless of their actions. Civil law suits are forming all
over the country. Some are class action suits, some are single suits. You can find out
what suits are forming near you by calling various parents and family rights organizations
(VOCAL, MASA, Fathers For Their Children, Protective Parents, Injustices In The Court,
and so on). Who can be sued? The state, the county, social workers, police officers,
foster parents, and sometimes judges and the federal government. It won't be easy, but
your fight will ultimately help the next generation and each generation after that. By
making the effort now, you are helping your children avoid the same dangers when they
become parents themselves.
- FILING AN INTERNATIONAL COMPLAINT You can file a complaint against the United
States for violations of the Constitution. This complaint is filed with the U.N. and will
remain as part of America's history for as long as the U.N. stands. Complaints can be
filed for: false imprisonment, cruel and unusual punishment, torture, acts of terrorism,
and so on. For more information, call VOCAL at (800) 745-8778 and request the address for
the Florida VOCAL chapter that is compiling this information.
- WHEN GOING PUBLIC.... If you go public with your story make your child
"bigger than life". Have a picture of your child blown up to poster size. You
can use it when giving speeches or protesting. It is a great attention getter, AND, the
people you are speaking to are forced to "see" your child. Granted, it's only a
picture, but your child is no longer a faceless victim of the system. Your audience will
remember the color of your child's hair, the missing tooth, the grin, the glint in your
child's eyes, and so forth. Your child will become real to them, rather than just being a
statistic.
Do not use your child's name when protesting or giving speeches. Although
the Constitution and the Supreme Court upholds your right to free speech, the judge in
your case may not. The court may issue a "gag order" against you for "going
public" and may claim you are "endangering your child" with your actions.
You may be advised that "for your child's protection" these proceedings are
confidential. You can also be fined or jailed. Only you can decide if it is worth the
risk.
Note: Many copy stores charge less than $5 for a poster sized color enlargement.
- WHEN YOU'RE RIGHT, YOU RIGHT! Letter writing campaigns can be a wonderful tool.
Write to your politicians, as well as to the politicians that represent every member of
your extended family (parents, siblings, etc.) and to those of your friends. Chances are
you will come up with a long list of Assemblymen, Congressmen, State Senators and U.S.
Senators around the country. Keep your letter simple, but be concise; anything over two
pages will generally not get read. State the problem (e.g. CPS is trying to force us to
lie in order to get our child back.) Include a cc: section on the letter (that can be
page three). In your letters to politicians outside your area, send a cover sheet that
contains a statement like:
"I know you don't have the jurisdiction to help me but you represent people in my
family that are directly affected by the situation described herein." You may
think, 'Well if they can't help then why should I waste my time and money?' The answer is
simple: this is how laws get changed. Your politicians may sweep your concerns under the
rug but when you send letters to politicians across the country you are holding your own
representatives accountable. Your politicians must face their peers and explain what they
are doing about YOUR problem! It puts pressure on them to do something! It also keeps you
busy and focused on your case. You're doing something positive regardless of the direct
results and it proves how hard you fought for your child. Someday your child may read
those letters and know how much you cared.
Note: cc: means - (carbon) copies sent to. Be sure to follow the colon with the
names of the people that copies of your letter were sent to. (The more names, the better!)
- CHECKING FOR PHONE TAPS/PHONE TRAPS If you believe your phone may be tapped, call
the phone company's repair center and ask them to check the line for taps/traps. Tell them
about any unusual sounds (humming, clicking, etc.) you may be hearing. The phone company
may be willing to run a signal that can detect most devices. If they refuse to check your
line for you it may be an indication that your phone is tapped or it may just be company
policy.
Even if your phone lines are clear, that doesn't mean it's safe to talk freely.
It is still possible for someone to listen in at the phone company rather than through the
lines near your home.
Watch what you say on cellular phones, cordless phones, and car phones. Those calls can
be monitored with a scanner.
- PARANOID??? Think again. They really are out to get you. Make copies of
EVERYTHING relating to your case. If you have a friend or relative that lives out of state
(that CPS is not aware of) send copies of everything to that person for safekeeping. Do
NOT rely on the safety of a safety deposit box. The state can get a warrant to open the
box and confiscate your "evidence" against them. Ideally, keep one copy at home
and one copy close by and keep one copy out of state.
- CONTACT YOUR COUNTY GRAND JURY Many Grand Jury investigations of Child Protective
Services are being done. The investigations are confidential; the public and CPS may be
unaware of ongoing investigations. It is important to notify your county Grand Jury if CPS
is violating your rights or not following their regulations. The Grand Jury may require a
certain number of complaints before they will take action; your letter could be the one
that will make the difference. Contacting the Grand Jury may help you and many others as
well.
Note 1: We have received information from a laywer in Maryland which indicates that
one should not expect to have an affadavit added to a court file or expect such a
submission to be given any legal weight.
- To use the FidoNet echo's (message area) listed below, you will need to log on to
a FidoNet BBS (Bulletin Board Service). You may need to ask the sysop (owner of the BBS)
to carry these echo's for you. In many cases the use of a BBS is free although some BBS's
require a small fee. If you can't find a local FidoNet BBS in your area, please call (510)
229-3615 and leave a message stating that you need to find a local FidoNet BBS. Be sure to
include your area code, phone number, city and state. All long distance calls will be
returned collect. These FidoNet echo's may be of some assistance to you:
- VOCAL - Victims Of Child Abuse Laws
- VFALSAC - Victims of False Accusations
- CHILD ABUSE ISSUES - Child Abuse Issues
- FMS - False Memory Syndrome
- BATTERED - Families of Domestic Violence
- DOMESTIC VIOLENCE - Families of Domestic Violence
- The phone number below is the BBS for the Administration of Children and Families,
Dept. of Health and Human Services. This BBS can give you access to federal
regulations regarding anything from AFDC to foster care and adoption. It can be an
invaluable source of information, and is open to the public. 1-800-627-8886
- The Family Preservation Society BBS in California also has a great deal of
information that might be helpful as well as providing emotional support. This BBS can be
reached at: 1-408-996-8473
- The Communicate NOW! BBS in Stratford, Ontario, Canada also provides information
and emotional support. There is a small fee for the use of this BBS. The number is: 1-519-272-1397
- The Child Abuse Industry by Mary Pride
- A Question of Innocence by Lawrence Spiegel
- Guilty Until Proven Innocent by Rev. Keith Barnhart
- Bad Moon Rising by Dana Ferguson
- A very informative, free book is: Making Reasonable Efforts: Steps for Keeping
Families Together by the National Council of Juvenile and Family Court Judges, Child
Welfare League of America, Youth Law Center, and National Center for Youth Law. Send self
addressed mailing label to: Office of Communications, Edna McConnell Clark Foundation, 250
Park Avenue, New York, NY 10177-0026
- ACCUSED is a network and resource center whose purpose is to help those falsely
accused of child molestation. They list many support groups, BBS, Web sights, etc. See http://www.accused.com
- Victims of Child Abuse Laws (VOCAL) has a home page at: http://www.vocal.org Their mailing address is: 7485 E.
Kenyon Ave., Denver, CO, 80237. They have a 24 hour hot-line at 1-800-745-8778 which is
accessible from within the US
- VOCAL has an essay "What To Do If You Have Been Falsely
Accused" at: http://www.vocal.org/what2do.htm
- The New York State chapter of VOCAL has a home page at: http://cnynet.gaylord.com/cnynethealth/vocal.html
- The American Coalition for Fathers and Children, promote "equal
rights for ALL parties affected by divorce, and the breakup of a family or establishment
of paternity." They also promote "equal, shared parenting time or joint
custody is the optimal custody situation," and access by grandparents to grand
children. See: http://www.acfc.org/
Return to the OCRT home page; return to the "Not so Spiritual" page.