About cpsinjustice1

I am here to fight for justice. I want to bring justice for families torn apart by the system who are legally kidnapping children for Big Cash Bonuses $$. We have to start somewhere , so I am here doing my part.

Is CPS Using Your Past Against You?

Are you surprised, shocked, and dismayed to find that your long-distant past is being held against you in a CPS case? This is common practice for child protective services social workers. indiuiexYou’ve probably noticed that many if not most CPS social workers have no compassion for parents, grandparents, or other family members. They are hard-core family destroyers and to self-justify the evil they commit, they develop a jaded perspective that eliminates their sense of compassion and their conscience.

They convince themselves that they are primadonna child savers, while committing the worst child abuse possible in taking children from their natural families to be placed with strangers. Justification is their coping mechanism. They’ve long ago forgotten this, however. They’re now part of the system, and they know the rules.

Rule #1 is to find something wrong with the family, and for many social workers, any excuse for family destruction will do.

Thus if you are a grandparent who had a CPS investigation done on you 15 years in the past, your name was probably added to your state’s “Central Registry” – a blacklist of people whose names were made known to CPS sometime in the past. Even if your case way back then was not “founded” your name may be on the list, and that could keep you from getting kinship care custody of your grandchildren if the need for that kind of help ever arose.

If you are a parent whose child is about to be taken, if you are being investigated, you can bet the child protective services social workers are looking – not only into present circumstances – but also into your past. They may try to convince you to give them your ex-husband’s or ex-wife’s phone number so they can call to gather dirt that your ex might agree to share with them.

If you used recreational drugs thirty years ago, even if it was “just marijuana” and you were totally clean for the last thirty years, you can bet they’ll be interested in that. Despite the fact that you’re no longer a druggie, you’re going to be labeled a drug user and may be asked to take classes to prevent drug abuse, get into rehab, and submit to drug testing.

Does any of this surprise you? It surprised and shocked me when it happened to me way back in the 1980’s. It is still going on today, but in the ensuing years child protective services social workers have become even more practiced and savvy about what they do in their quest to try to prove that children are being abused by the parents of America.

So, what can you do to combat such rampant idiocy?

1. If you’re going to court, there will be a social worker’s court report which will probably be full of misunderstandings, false accusations, and insinuations that just don’t fit your life at all. You could be a big help to your lawyer by creating a document called Objections and Corrections to the Report of the Social Worker. If you don’t get to see the social worker’s court report until the day of the hearing, you can ask for a continuance so you’ll have time to make this written response. FYI – written responses are far more valuable than a few minutes of speaking time in court. Judges can easily overlook your verbal words but a written response will stay in the file for ever. You will need to take your document to your attorney for final approval, and listen to what the attorney says. Most of them mean well even if court appointed attorneys are usually too busy or too poorly motivated to do an adequate job of representation in Juvenile Court cases. Do NOT write any self-incriminating facts into your legal documents. If you do – caseworkers will pounce on those words and never let you live them down.

2. In some cases something is being requested or required by social workers even though there’s no court order to allow it. In cases like that, you might want to contact the state department of social services to get a “fair hearing” which is also called an “administrative hearing.” This would entitle you to go before an Administrative Law Judge (ALJ) who is an employee of the state department of social services, who would listen to your thoughts and read any documentation you bring them. Of course the social workers would also have a chance to respond to your issues. Then the ALJ would make a written analysis of the information which would be sent to all parties and kept on file by the state. This could turn things around in your favor, especially if you used the state social services regulations to prove that the rules are not being followed correctly by the social workers.

When you give your life to Jesus, He forgives your sins and sees you as faultless. Unfortunately, most human beings are not so generous, and when it comes to CPS agents, they actively seek out your errors of the past to torture and torment you with them. A very devilish move, don’t you think?

I hope you’ll be able to get past these evil people and their plots to destroy you and take your children using any shred of information they can get their hands on. If you are guilty of something, admit it – at least to yourself – and be reasonable in your judgements about your current situation. Clean up your act, and fly straight… try to admit the truth and become a better person and parent because of what’s happening. Too often, however, parents and even grandparents are judged harshly because of something that’s no longer an aspect of their lives. Fight (in court) for your reputation and for the well-being of your children. Do what you must do to prevail in court.

http://fightcps.com/2014/09/07/is-cps-using-your-past-against-you/

Termination of Parental Rights

In order to terminate the parental rights of a parent the petitioner (DHR) must show by clear and convincing evidence that (1) the parents are unable or unwilling to discharge the duties of a parent, (2) the parents will be unable or unwilling to discharge their parental duties for the foreseeable future, and (3) that every alternative to terminating parental rights has been exhausted.

“Clear and convincing evidence” is an elevated standard of proof. In most civil cases the standard of proof is that of a “preponderance of evidence.” That means in most civil cases where litigants are suing for money damages they must only show that it is more likely than not that they were harmed and are due compensation. In family matters the standard is elevated because we want to be absolutely certain before we infringe upon someone’s constitutional rights and interfere with their right to parent their child. In essence, the law is written such that the scales are tipped in favor of a parent who has not previously been shown to be unfit. This places a heavy burden on DHR that must be scrutinized by the court.

Therefore DHR must show, by this elevated standard, that the parent is currently unwilling or unable to care for their children and that the parent will remain so for the foreseeable future. That means if DHR is trying to terminate your parental rights they must show that you have been unfit in the past, that you are unfit today, and that the evidence indicates that you will remain unfit in the future. If they cannot prove unfitness for each of these time periods then they should not succeed in terminating parental rights.

DHR must also show that there is no other alternative to termination of parental rights. If the children could have been placed with a relative, or if there is something else that could have been done to resolve the family’s issues then the case is not ripe for termination. If you have had a case where you feel the court has wrongfully terminated your rights then you must act quickly. Your time for appeal is limited to 14 days. You must call an attorney as soon as possible to protect your rights and your family.

How to Sue CPS in Federal Court

If you want to sue Child Protective Services in federal court it is best that you hire an attorney. Of course, it can be done In Pro Per (on your own), so if you have confidence in your legal abilities and can’t afford or find legal help, then go for it! Most of us, however, would have a difficult time managing a civil lawsuit. Filing a lawsuit is a complex task, and it helps to have an attorney evaluate your chances of winning the case before you get started.

Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:

42 U.S.C. § 1983 – Civil action for deprivation of rightsEvery person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

If your Child Protective Services social worker or caseworker claims to have immunity from prosecution, don’t believe it! There is no immunity for CPS under federal civil rights law.

Locate your nearest federal courthouse using the Federal District Court Online Locator Service. Wherever that nearest court is, be prepared to go there during the course of your federal lawsuit. The District Court is the trial court level of the federal court system. If your case is appealed, bear in mind you’ll be involved with the Federal Appellate Courts. Learn about the different federal courts here: Federal Courts.

Whether you have an attorney or not, the book pictured, Section 1983 Litigation in a Nutshell, will help you understand Section 1983 litigation so you can help direct the course of your lawsuit.

How To Find A Section 1983 Civil Rights Litigation Attorney

You could start by looking through the yellow pages of your local phone directory. In the section for attorneys, look for specialties, then locate the “Civil Rights” and “Constitutional Law” sections. Phone these attorneys to set up free initial consultations… but don’t make your decision too quickly. You’re in an information gathering phase now.

Have a notebook to record details of your conversations with the attorneys you talk to – including their contact information and fees, whether they think you have a case, and what they think the probability of success is if you proceed. Consider that if they think your lawsuit is sure to fail, they may be connected with principal characters you’re suing via friendship or relationship, and may try to discourage you from suing at all!

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.

Here’s a way to do that: Go to the federal courthouse to look for cases using their computer database system. Find cases filed against the Department of Social Services in your state. Next, ask to look at those cases; they should be a matter of public record. Find the names of the attorneys who filed the cases, and contact those lawyers, asking for a free consultation. Don’t stop with just one – find as many names as you can and do interviews. Getting the best and most motivated attorney at the best price is your goal.

You may be able to do this online at Public Access to Court Electronic Records (PACER) but bear in mind, there’s a fee involved. If your fee is less than the cost of gasoline to reach the federal courthouse, this would be worth using.

Your Evidence Against CPS

Make sure your documentary evidence is well-organized before speaking to attorneys. You should have an ongoing case notebook, and evidence of everything that happened in your interactions with CPS.

Do the best you can to prove your case using documents so the attorneys you talk to will have more confidence that your case can be won.

Watch this video for suggestions on how to organize your evidence: An Attorney’s Advice on Protecting Your Family by Gathering Data. This video was done by practicing attorney, Dr. Lorandos. His YouTube archive, Accused Falsely, is an excellent source of information for anyone seeking to sue CPS.

Learn About Legal Precedent – Cases of People Who Sued CPS Successfully in the Past

Thomas M. Dutkiewicz, president of Connecticut DCF Watch did a lot of legal research a few years ago to find case citations that will help CPS victims sue the Department of Social Services and their CPS social workers and caseworkers. Read his handbook to prepare for your case, and to discover further aspects of the injustice done to you: 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.

AFRA has a page on Federal Civil Rights Cases That May Help CPS Victims – another source for information you may want to look through as you prepare to file your lawsuit against CPS and your social workers and caseworkers.

Representing Yourself

Thomas M. Dutkiewicz did an excellent job of presenting his case In Pro Per, and it can be done if you are willing and able to take the time to learn the laws and how to use them. The book pictured above, Represent Yourself in Court: How to Prepare & Try a Winning Case, can help you understand more about filing a civil lawsuit In Pro Per. It is recommended also for people who hire an attorney so you can be aware of all the things your attorney should be doing and make sure he or she is giving you the best representation possible.

[Update – 5/19/11 – I was just given this link and want to share it with those of you who seek to file a federal lawsuit against CPS: Safety Lawsuits.]

DFCS-CPS works overtime to curb backlog

By Kerry Kavanaugh 11 Alive http://www.wsbtv.com/news/news/local/DFCS-backlog-puts-thousands-of-children-at-risk/ngSXP/

ATLANTA — Thousands of Georgia children are potentially at risk because of a backlog at the Department of Family and Children Services, according to the agency’s interim director, Bobby Cagle.

“As soon as I saw this, I knew it was something we had to work on and do it quickly,” said Cagle.
Cagle told Channel 2’s Kerry Kavanaugh that’s why, in just his second week on the job, he’s mandating a minimum of eight hours a week overtime to tackle some 3,300 cases overdue for investigation.

Cagle says the goal is to have cases investigated within 45 days.
“How overdue are they?” Kavanaugh asked.
“It’s on a whole range, so we have from 46 days to 90 days,” Cagle said.
This is just the latest change at DFCS since the state’s most recent high-profile child death. The agency says 5-year-old Heaven Woods’ case was…

View original post 251 more words

DFCS-CPS works overtime to curb backlog

By Kerry Kavanaugh 11 Alive http://www.wsbtv.com/news/news/local/DFCS-backlog-puts-thousands-of-children-at-risk/ngSXP/

ATLANTA — Thousands of Georgia children are potentially at risk because of a backlog at the Department of Family and Children Services, according to the agency’s interim director, Bobby Cagle.

“As soon as I saw this, I knew it was something we had to work on and do it quickly,” said Cagle.
Cagle told Channel 2’s Kerry Kavanaugh that’s why, in just his second week on the job, he’s mandating a minimum of eight hours a week overtime to tackle some 3,300 cases overdue for investigation.

Cagle says the goal is to have cases investigated within 45 days.
“How overdue are they?” Kavanaugh asked.
“It’s on a whole range, so we have from 46 days to 90 days,” Cagle said.
This is just the latest change at DFCS since the state’s most recent high-profile child death. The agency says 5-year-old Heaven Woods’ case was…

View original post 251 more words

Heaven Woods Child Death

DFCS had contact with Heaven Woods 9 times before her death

The state’s Division of Family and Children Services investigated multiple complaints concerning the care of homicide victim Heaven Woods before her death in May, though officials found no evidence of abuse, DFCS records indicate.

Caseworkers investigated nine separate complaints from March 2009 to the May 20 death of the 5-year-old.
In some of those cases workers made referrals to other agencies or implemented plans, but no substantive proof of improper behavior by caretakers was found, the report indicates.

Any mark on Heaven seen by caseworkers was reasonably explained, or no mark existed. The heavily redacted seven-page DFCS report lists no names. Heaven’s death in Monroe led to the arrest of her mother and the man she lived with. Amanda Hendrickson, 33, formerly of Rome, and Roderick Buckner, 34, of Forsyth, face murder, aggravated battery and child cruelty charges.

Heaven…

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