
P
lease note the contents contained in this document are opinion only and are not to be construed as legal advice in any way. If there is any doubt about the contents of this email, please seek the advice of an attorney licensed in your state. Nothing in this document constitutes an attorney/client privilege.
When the social worker knocks at your door...
What to know
We have been contacted many times by parents who find themselves caught in a situation involving the child workers on an initial confrontation. This experience can and is quite frightening. The unsuspecting parent usually does not know why the social workers are at their door, and are caught off guard. It is crucial to know and understand what the social worker can and cannot do, what their intimidation tactics are, when and how to call their bluffs, and whether or not to let them into your home.
Firstly, understand this well: under NO circumstances should you allow a child worker into your home without a warrant! This is a common mistake. Once in your home, the social worker looks for ANY excuse to declare your home unfit, and reason to intervene in your life. It doesn't matter how well-kept your home is, whether you have "something to hide" or not, or anything else. The child worker is NOT your friend, and cares nothing for you. Her only mission is to seek out and find a reason to snatch your kids or to involve themselves in your family's life.
The Oklahoma DHS Policy Manual states:
340:75-3-8. Investigation protocol
a) Purpose of investigation. The investigation begins the process of direct involvement with the family. It sets the stage for problem identification, service provision, and the development of a helping relationship. The investigation takes into account the dynamic nature of the family situation and looks beyond the allegation to identify risk of harm to the children. The CW worker's investigation is directed toward identifying and understanding the elements that create risk. The investigation must be as thorough as possible as it relates to risk and must consider the alleged abuse or neglect, each child, the PRFC, and family functioning.
What this means in laymen’s terms is that even though there is nothing wrong, the worker is trained to look for something wrong. The general attitude is that there must be a problem and it is their responsibility to find it or create it. They will find anything to lock you into the system.
Furthermore,
INSTRUCTIONS TO STAFF 340:75-3-8
1. The investigation requires that Child Welfare (CW) workers possess specific skills which enable them to obtain information from family members or other individuals, many of whom are hostile and uncooperative. This information must be analyzed to identify risk, to determine the safety of each child and to develop strategies for controlling the conditions which create risk. The purposes of the investigation are to:
(1) gather information for decision making;
(2) explain a community concern to the family;
(3) explain Child Welfare's purpose;
(4) assess the level and presence of risk to child(ren) in the home;
(5) determine whether abuse or neglect has occurred;
(6) determine what safety response is indicated;
(7) reduce trauma to the child(ren) and ensure safety as indicated;
(8) offer help; and
(9) identify services that may be appropriate for the family.
2.
The CW worker keeps in mind that the purpose of Child Protective Services (DHS) is to protect children and rehabilitate families, not criminal prosecution. The CW worker's interview is directed toward gathering information in order to assess risk and provide treatment to the family. Face-to-face interviews with the alleged victim(s), other children in the home, PRFCs and collaterals are required; interviews with witnesses are conducted in person whenever possible. Keeping confidentiality in mind, interviews are conducted in private, and sufficient time is allowed to elicit information and make observations relative to assessing risk.
Though this is Oklahoma DHS policy, this is not the law. The United States Constitution gives you and your children the right to be interviewed with counsel present. If your children are in your home, you are, in effect, their representative. They cannot force you to allow them to interview your child alone in your home.
Secondly, child workers usually cannot snatch your kids right away (unless you live in New York or California!) Usually, and in most states, a court order is required. This at least gives you some breathing room.
They will try every tactic, every coercive measure available to make you think that they can remove your children immediately from your home. Though this happens frequently, this is not what the law states must occur.
INSTRUCTIONS TO STAFF 340:75-3-11
(B) Reasonable efforts to prevent removal or an existence of emergency must be documented in Section D, Intake Information on Form CWS-KIDS-3, utilizing either the block that indicates whether an emergency existed or that preventive services were offered. If yes is checked in either block, then there must be a detailed explanation of the emergency or the preventive services that were offered to prevent removal.
Thirdly, the social worker is most likely responding to an anonymous tip -- in other words, an allegation that is not known to be true. Know that 90% or so of allegations are false and are consequently thrown out. Also, not every social worker is a child worker, but you don't want to take chances. Even if the social worker is not a child worker, she might be a officious busybody, in which case you'll be added to her case load and be on it for as long as they can hang onto you -- which is a long time.
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 LET A DHS AGENT OR A POLICEMAN IN WITHOUT A SEARCH WARRANT.
Demand a copy of the search warrant.
You do not have to speak with a Government Agent - meaning a DHS agent or a police officer - or allow them to enter your home without a search warrant! If a DHS agent comes to your door to check out your home, particularly if she comes with a gun toting policeman, you will be tempted to panic. Don't. They cannot come in without a warrant. Remain calm. Say something like:
I understand your concerns and I'm happy to cooperate. May I see your search warrant please?
The police officer or the DHS agent may try to tell you that a search warrant isn't required. Wrong. It IS required. However, if you give voluntary consent for them to enter, you have lost the right to appeal the issue, so object for the record.
The agent might tell you have to allow her into your home, by saying, "I'm required by law to come into your home to investigate." In fact, they may DEMAND to come in. If there is a policeman with a gun, and he is going to use it, let them in, but again state your protest for the record, so you can challenge it later in court. If it is only a DHS agent(s), without a policeman with a gun, tell them they may not come in without a warrant.
The only exception to that rule is if the policeman (not the DHS agent) sees a crime going on, or has probable cause to believe that there are "exigent circumstances", meaning that they know some serious crime has occurred inside. They will often say that there is an 'emergency' to get around the warrant requirement. However, there rarely is. They are usually trying to illegally break in to your house because your cranky old biddy of a neighbor complained to DHS, or, more likely, your child's government school teacher saw a bruise that the kid got from falling off his bike. That is NOT an emergency.
Also, do not answer any questions without seeing the search warrant and making sure it is real. Don't even answer simple questions such as your date of birth, name, number of children, etc.
Courts are finally starting to back up parents who demand a warrant.
The 9th Circuit Court (the Federal Appeals Court for the western states) recently ruled:
Any government official can be held to know that their office does not give them an unrestricted right to enter peoples' homes at will. [It is] settled constitutional law that ... police could not enter a dwelling without a warrant even under statutory authority where probable cause existed. The principle that government officials cannot coerce entry into people's houses without a search warrant ... is so well established that any reasonable officer would know it.…appellants' claim, that "a search warrant is not required for home investigatory visits by social workers," is simply not the law. [N]owhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. … Therefore, we have been adamant in our demand that absent exigent circumstances a warrant will be required before a person's home is invaded by the authorities."
-- Calabretta v Floyd, 189 F.3d 808 (9th Cir. 1999)
In the Calabretta case, a social worker and police officer coerced entry into the Calabretta home by threatening to break the door down. Even though the mother ultimately opened the door and allowed them to enter, she was unlawfully coerced. Thus, the DHS agents were held personally liable. You can find this case on the web at http://laws.findlaw.com/9th/9715385.html
This is welcome news. The issue has not been fully tested in the Commonwealth, but there is one case that supports a ban on entry without a warrant, called: Parents of Two Minors v. Bristol Division of the Juvenile Court Department, 397 Mass. 846 (1986). You can find this case on the web at http://www1.law.com/lawcom/casecite.cfm This case stated that a Juvenile Court cannot order a warrantless entry into a home. It means that the DHS can't even obtain a warrant from a Juvenile Court, so that is pretty good protection. However, the Court did not make it clear that the State Constitution would never permit such a thing, and in typical statist fashion, said that the legislature could pass such a law going around the Constitution.
Despite this case, it doesn't mean that the DHS agents won't try to convince you to allow them in. Right now, you do not have to. It also doesn't stop a Probate and Family Court from ordering entry, since the case didn't decide that issue.
We need to return to a strong respect for the privacy of the home. The old saying was: "Every man's house is his castle; and even though the winds of heaven may blow through it, the King may not enter." For now, neither the King nor the DHS may enter, without a warrant. Stick to your position unless they stick a gun in your snoot.
Do not even allow the agent to peer inside of your home or view your children.
If this happens to your, your children will likely come to the door to see what the excitement is all about. Shoo them away to their rooms quickly. The DHS goon will often try to talk to them, going around your authority, or to see them to see if they are hurt or abused. Do not open the door enough for that, and do not let them look around.
If they do get past you and come inside, they will try to get the children alone, to obtain "disclosures" from them. Do not let this happen. Insist that the children stay with you, and all stay together. It will mess up their plan, which is based on a 'divide and conquer' strategy. Only if they can break the children off from you, can they coerce the children, and then lie about what they said while you were not able to listen. That is their plan - don't let them do it.
Fourthly, social workers may have access to information concerning you and your family's medical history -- and will want further access to your children's doctors. I will explain how to handle this bugaboo shortly. Every word you say can and most often will be used in court to take away your children.
What to do
Find out as many details as you can about where the false allegation came from. They will not give away the name of the person that made the allegation, but there should be enough details for you to piece together where it came from.
If it came from, for instance, the day care, then stop using that daycare and find another. If it came from school, then go to the school and talk with the principal about who made the false allegation and why. Let him know that you will sue if it ever happens again. If possible, pull your child from that school and enroll him in another.
If it came from a clerk at a store, then ask to speak with management of that store. If the store is a part of a national chain, then write a letter to the general manager about the incident. And, of course, never go to that store again.
In every and all encounters with the social workers and anyone connected with child-protective services, record everything either by videotape or audio. At the very least, have a notepad in hand and jot down everything said, and have a bound copy of your notes notarized immediately. This will increase your credibility and makes it possible for your notes to serve as evidence against the child workers in a court of law.
Taking preemptive action
If you find yourself in a situation where false allegations are made against you regularly, then you are in a precarious situation and you MUST take action to prevent and stop the onslaught of false allegations.
You must either move to a different county, or you must take other measures to get to the cause of the false allegations and put an end to them. Why? Because child workers build their cases against you by compiling all these allegations. It does not matter to them whether they are unfounded or not. They will use them to paint a "rosy picture" of you by claiming that they "show a pattern." Once they see this so-called "pattern", you stand in grave danger of loosing your kids to them. Never let matters get that far
POSSESSION IS NINE TENTHS OF THE LAW
.I'm a good parent, haven't done anything wrong, and they have no legal reason to take my child.
It doesn't matter. Once they have physical possession of your child, they can create a case against you. This is because once they have your child, THEY have a monopoly on the flow of information. They can program your child to say anything, and you can't disprove it. They can get their doctors to accuse you of anything, and you can't stop them. And you can't get any more information to or from your child. You can't hug your children or tell them you love them. They will cancel your visitation, then tell your children that you cancelled because you don't love them.
Once the court has taken custody of your children, it is illegal to take them and run.
Some parents do anyway, at their own peril. Before the state gets your children, consider what price you are willing to pay to keep them in your possession, and get your life in order now. Because once they're gone, they're gone.
But they told me I couldn't get my children back unless I made my husband move out.
That is a tough call. You may have to choose between your husband and your children, Sophie. Sometimes you don't. Your choices may be bad or worse. Once it comes to that decision, get a lawyer immediately, so you can weigh your choices with some expert advice.
But that's not right!
No, it's not. Nor is it right to subject you to random inspections when your home was always spotless, or to make you do anger management counseling when you never argued, or to make you do random urinalysis when you never did drugs. It's certainly not right to order you to divulge personal information to a therapist who will turn around and testify against you. Unfortunately, once the state has hold of your children, you can't argue those issues anymore. Otherwise, you may win the battle and still lose the war. Just get your priorities straight and get the kids back. Then you can argue, if you care to stick around.
DO GO ATTORNEY SHOPPING. Seek out an attorney who is experienced in child abuse cases (specifically false cases). For assistance, contact your local AFRA group or visit the AFRA website at www.familyrightsassociation.com . If you cannot afford an attorney, one will be appointed to you in criminal court. If you are in Juvenile Court (family), you must pay for your own attorney or the court will appoint an attorney for you. You should receive a notice.
According to the Oklahoma Annotated Code §10-7003-2.4.
A. 1. The peace officer or an employee of the court shall provide the parent, legal guardian or custodian of a child immediate written notice of the protective or emergency custody of the child whenever possible.
2. The written notice shall:
a. inform the parents, legal guardian or custodian that the child has been removed from the home,
b. inform the parent, legal guardian or custodian of the child that an emergency custody hearing to determine custody of the child will occur within two (2) judicial days from the date the child was removed from the home, and
c. contain information about the:
(1) emergency custody hearing process, including, but not limited to, the date, time and place that the child was taken into protective or emergency custody,
(2) nature of the allegation that lead to placement of the child into protective or emergency custody,
(3) address and telephone number of the local and county law enforcement agencies,
(4) phone number of the local office of the Department of Human Services, and
(5) right of the parent, legal guardian or custodian to contact an attorney.
3. The written notice shall also contain the following or substantially similar language: "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL STAY OR BE PLACED IN EMERGENCY CUSTODY. YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED."
B. 1. Within the next two (2) judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing to determine whether evidence or facts exist that are sufficient to demonstrate to the court there is reason to believe the child is in need of protection due to abandonment or abuse or neglect, or is in surroundings that are such as to endanger the health, safety and welfare of the child.
2. At the emergency custody hearing, the court shall advise the parent, legal guardian or custodian of the child in writing of the procedure which will be followed with regard to determining custody of the child, including, but not limited to:
a. the right of the parent or guardian to testify and present evidence at court hearings,
b. the right to be represented by an attorney at court hearings,
c. the consequences of failure to attend any hearings which may be held, and
d. the right to appeal and the procedure for appealing the finding of a court on custody issues.
3. At the emergency custody hearing, the court shall:
a. release the child to the child's parent, legal guardian or custodian,
b. release the child to the child's parent, legal guardian or custodian or other responsible adult under such conditions as the court finds reasonably necessary to ensure the health, safety and welfare of the child, or
c. continue the child in or place the child into emergency custody.
C. 1. a. Except as otherwise provided by this subsection, a petition for a deprived child proceeding shall be filed and a summons issued within five (5) judicial days from the date of assumption of custody; provided, however, such time period shall not apply if, upon request of the district attorney at the emergency custody hearing, the court determines that there are compelling reasons that an additional amount of time for the filing of the petition for a deprived child proceeding is warranted.
b. In all such cases provided for in this subsection, a petition shall be filed within fifteen (15) days of the child's being taken into custody.
2. If the petition is not filed as required by this subsection, then the emergency custody order shall expire. The district attorney shall submit for filing in the court record written memoranda specifying the reasons why the petition was not filed and note the person to whom the child was released.
D. 1. If the petition was filed within the time period specified in subsection C of this section, except as otherwise provided by this section, the emergency custody order shall remain in force and effect for not longer than thirty (30) days, except as otherwise provided by this subsection.
2. The court for good and sufficient cause shown may extend the effective period of such an order for an additional thirty (30) days.
3. No emergency custody order shall be extended beyond the additional thirty (30) days absent a showing that such further extension is necessary to ensure the health and safety of the child and is in the best interests of the child.
E. 1. The court may hold additional hearings at such intervals as may be determined necessary by the court to provide for the health, safety and welfare of the child.
2. The parent, legal guardian or custodian of the child, the child's attorney, the district attorney and guardian ad litem if appointed shall be given prior adequate notice of the date, time, place and purpose of any hearing by the court.
F. In scheduling hearings, the court shall give priority to proceedings in which a child is in emergency custody.
G. 1. No order of the court providing for the removal of a child alleged to be deprived from the home of such child shall be entered unless the court makes a determination:
a. that continuation of the child in the child's home is contrary to the welfare, health and safety of the child, and
b. as to whether or not reasonable efforts were made to prevent the need for the removal of the child from the child's home, or
c. as to whether or not an absence of efforts to prevent the removal of the child from the child's home is reasonable because the removal is due to an alleged emergency and is for the purpose of providing for the health and safety of the child, or
d. reasonable efforts to provide for the return of the child to the child's home are not required pursuant to Section 14 of this act; provided, however, upon such determination, the court shall inform the parent that a permanency hearing will be held within thirty (30) days from the determination.
2. In all proceedings or actions pursuant to this subsection, the child's health and safety shall be the paramount concern.
If your children are removed
Document all DHS encounters and phone conversations by letters, describing
the circumstances and iterating all statements and promises. Dispute any written
documents in the same manner. State in your letter that if you do not
receive a written response from the agency with xx days of the receipt of your
certified/return receipt letter stating
otherwise, that your depiction of the events will become a matter of legal
record.
After you have waited long enough to get (or not get) a response, you may send a
copy of that letter, along with a copy of the negative statements that the
agency issued, and require an explanation in writing from the agency about the
discrepancy.
If you have nothing in writing from the agency, now is the time to start
documenting FOR the agency - in the same manner as above, requiring a written
response, or your letter will stand as the record. You cannot write too
many letters! For each issue, write a short letter, sticking to the facts,
no emotion - and require a written response. The letters won't get
answered, and you have your documentation by default -- after all, you warned
them that your letter would become the legal record!
Take all your letters and start placing them in your court file, so the judge
must consider your concerns in addition to the agency's. Be nice to the
court clerk, who may try to prevent you from entering your letters into your
court record. It is not up to the court clerk to decide what is or is not
in your record - that is up to the judge. Get your letters court-stamped
(and request a copy of the court-stamped letter for your records), and watch
while your letters are entered into your file.
Your alternative (and a good one) is to write an affidavit-style
document.
Samples are at the www.groups.yahoo.com/OKFAMRA/files site.
WHAT HAPPENS IF YOU DON'T VIGOROUSLY DOCUMENT:
Your side of this travesty never gets on the record!!! If it doesn't get
on the record, IT DOESN'T LEGALLY EXIST, and the agency and courts cannot be
found at fault in an appeal. The things you say on the phone and during a
hearing do not exist on the legal record, no matter what you are led to believe.
Document!!!
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! Get a DHS manual and
read it and document all violations. Give your attorney a copy. In court, your
attorney can basically "put DHS 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.
LEARN TO TALK THEIR LINGO DHS 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 that 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, DHS will have some explaining to do in court!
WHO'S SAYING WHAT? If you are involved with DHS, 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 DHS 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, DHS 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 DHS 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: DHS 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 DHS 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 courtroom. Try to hire an attorney that is NOT
from your county. If possible, hire an attorney from the capital city. Why?
1. 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!)
2. The judge will generally allow far more latitude in the trial to your new attorney. (This is definitely an advantage.)
3. Opposing counsel won't know what to expect either and it can shake them up enough so they will make mistakes that make DHS 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 attorneys
fighting against your one attorney. In most cases the attorney for the child
will side with DHS 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. DHS 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 closeto 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 lifeboat 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 have 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!
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. [Editors Note: a
visitor to this web site has read the Privacy Act and states that the act has no
such provision. In fact, some states have passed laws, which prohibit
interviewing children in the presence of their parents or guardians if the
latter is accused of abusing or neglecting the child.]
WHEN YOU'RE RIGHT, YOU WRITE!
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. DHS 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!)

CONTACT YOUR COUNTY GRAND JURY
Many Grand Jury investigations of Child Protective Services are being done. The investigations are confidential; the public and DHS may be unaware of ongoing investigations. It is important to notify your county Grand Jury if DHS 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.
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This page last updated on August 2004