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Comment Wall (26 comments)

At 11:42pm on August 4, 2008, Justice4Us said…: Hey Fair,
Glad to have you aboard. Please comment on the Blogs that I have, in addition, join the Disclosure watch.

Regards

At 11:50pm on August 4, 2008, Fair Rulings said…: Hey girl,

I've joined Disclosure Watch and plan to comment. Keep up the good work...

At 11:54pm on August 4, 2008, Doctor MO said…: Welcome to The Black Talk Radio Network! The revolution will NOT be televised, and you are now a part of it. I'm looking forward to checking out your media! Enjoy your time here. Peace!

At 12:07am on August 5, 2008, Fair Rulings said…: Thanks Doctor MO... I hope to hear from you as well...

At 12:48am on August 5, 2008, Black Talk Radio Network™ said…: Welcome to the Black Talk Radio network.

At 11:01am on August 5, 2008, Doctor MO said…: Make sure to check out the Events section for upcoming programs from fellow members.

At 10:56am on August 6, 2008, Blade Triple said…: Fight the Power

At 6:56pm on August 7, 2008, Ms.E Voices Of The People said…: thank you and you're welcome..Good things have already happen. Peace
Ms.E

At 9:17pm on August 7, 2008, Fair Rulings said…: GENERAL GUIDELINES OF THE CPS PROCESS IN COURT

The following is a general guideline of how the procedures work when you accused of child abuse or neglect and you appear in civil court, rather than a criminal case. You may also be charged criminally, but the vast majority of cases are not criminal cases. Your agency may have minor variations due to different state laws.

1. Report is received. It may be anonymous or not. Hotline or intake worker decides whether or not to investigate. Between 65-80% of these cases are deemed unfounded right off the top and no investigation is conducted.

STATE ACTION: States often require investigations to begin within 24 hours. This may entail talking to teachers, neighbors, your children, and others before they ever approach you. The investigation may be closed after these contacts and you may never know you were investigated.

YOUR ACTION: You should instruct your children to never speak with a caseworker or the police unless you are present. CPS agencies are mandated by law to conduct investigations into reports of child abuse - HOWEVER you are NOT mandated to speak with them or give them access to your children. Give your children a copy of the Reverse Miranda card and instruct them in the use of the card. Your children must also be taught that if they are ever questioned against their will, that they MUST tell you that the questioning occurred as soon as they can. Instruct your children to leave any room where they are being questioned. They must refuse to allow anyone to strip search them or look at their bodies. They must tell the interrogators they want mom and dad present. Buy Knowing My Rules to teach them how to empower themselves when being questioned.

2. If investigation is conducted, intake caseworker talks to child, and possibly parents, witnesses. Makes determination of founded, unfounded, substantiated or indicated as to child abuse or neglect and conducts a risk assessment which is designed gather evidence against you. May offer services or decide to take children and file petition for custody and file petition for Neglect. Child is questioned again, maybe examined physically.

STATE ACTION: The first time you know of a report of child abuse/neglect against you is usually after the caseworker has questioned everyone else and has arrived at her conclusion. She will often simply appear at your doorstep, often with armed law enforcement officers. In a case involving domestic violence accusations, you may be confronted by an entire team of caseworkers, police, victim advocates, etc. all wearing bulletproof vests and carrying firearms. They probably don’t have a warrant or court order. Caseworkers have been known to state that the police officer is her warrant. Officers have testified that they don’t need a warrant since they aren’t forcing their way into your home. They want to speak to your children, and examine your house for evidence to use against you. They want to get their hands on your children. Once they are in your house, you will not be allowed out of their sight, you will not be allowed to make phone calls, you will not be allowed to coach your children or be with them during their strip searches and questioning.

YOUR ACTION: You don’t have to allow them entry to your house without proper legal documents. Shut the door, make them use force, don’t give them any permission to enter. This will give you grounds to sue them. Have your tape or digital recorder and video camera running.

STATE RESPONSE: The caseworker will attempt to call the court for a verbal court order, often stating that you are not cooperating. She will probably get it.

YOUR ACTION: You are NOT required by any law to ‘cooperate’ and they cannot legally seize your children based on this alone. By this time, you can presume she will be back to force you to turn over your children, and you may only have a few minutes. If the officials leave, you can get the children out of the house. If not, immediately video or audio tape the children’s statements about whether they reported abuse when they were questioned in school, get their feelings and comments on tape. Call your friends and advocates to witness the removal of your children. They must bring their cameras and tape recorders. They cannot obstruct the removal of your children without risking arrest, but they can get it on tape. They must be observers, and not interfere. Call your attorney. You may instruct your children to refuse or resist being taken if they don’t want to go. Instruct them to only tell the truth, and not to trust any promises made by these people. Teach them that anyone who tries to make them lie is not to be trusted, and that the truth is the only thing that will protect them and their family. Tell them they will get to visit with you and you will want to know if anyone is trying to make them lie during those visits. Tell them to write you letters and they can sneak them to you at the visits, these letters must be secret. Assure them of your love for them and that you will fight for their return.

STATE ACTION: They must tell you what you are accused of.

YOUR ACTION: Gather your evidence to disprove the allegations in preparation for the temporary custody hearing.

STATE ACTION: You may be offered ‘services’ on a voluntary basis in exchange for being allowed to keep your children. The effectiveness of these services is debatable. They are often simply a mechanism to maintain oversight and to obtain evidence to support a future petition.

YOUR ACTION: If they don’t have enough evidence to file a petition, it will rarely be in your family’s best interests to allow the state to interfere with your family. You may refuse. They may try to file a petition or take your children at this point. Accepting their services is no guarantee that you will be allowed to keep your children and the ‘services’ may actually undermine your effectiveness as your children’s parent. These ‘services’ are actually a fishing expedition to gather as much information to use against you as possible.

3. Parents appear at temporary custody hearing. Attorney for CPS gives your attorney a copy of petition for the first time (violation of rules of procedure - your attorney must demand a continuance to prepare a response.) Demand a contested hearing. NEVER allow the shelter hearing to occur uncontested.

STATE ACTION: You will probably see the nature and extent of the allegations against you for the first time at this hearing. The state will request custody or supervision over children. They desire you to agree to their keeping custody of the children. They want this hearing to last only 5 minutes or so.
YOUR ACTION: This is your first opportunity in court to shut this case down. You and your attorney are allowed by court rules to have time to review and respond to the petition. You need this time to gather evidence, demand discovery and subpoena witnesses. This is the MOST IMPORTANT time to contest the state action - it could mean the difference between shutting down the case and termination of parental rights. You cannot present an adequate defense without knowing what the exact allegations and evidence are against you. Request a continuance (48 hours) to gather your evidence and subpoena witnesses. You have the right to present your evidence that the allegations in the petition are false, and the court’s desire to expedite the hearing or save money does not override those rights.

4. Court may rule:

a. Return child, close case

b. Return child, investigate case, schedule hearing, impose court orders on parents.

c. Keep child, investigate case, schedule hearing, schedule visits, order psychological evaluations (object this compelled self-incrimination), drug evaluations, etc. (all evidence gathering tools, attorney must object, you must not cooperate)

STATE ACTION: The state will request interim services such as supervised visits, psychological evaluation, no contact, signing releases, etc. These are designed to pressure you into waiving your rights and stipulating and to gather evidence to use against you.

YOUR ACTION: At this point of the process, you still do not have to cooperate. Don’t give them anything to use against you. If you refuse to cooperate with their investigation, they may try to keep the children isolated from you. This is the period of time when they attempt to elicit accusations from the children, even false ones. Reasonable efforts mandates you have the right to visit your children during this interim and should insist on visits.

5. Possible mediation to arrive at a compromise agreement. You won’t be happy with it because it leaves the door open to further unwanted ‘services.’ I recommend that if you are innocent, you demand an adjudicatory hearing. This preserves your right to appeal.

STATE ACTION: Mediation is actually used to persuade the parents to agree to services through compromise. Mediation is a compromise tool, not a justice tool. The state will use stacked allegations, falsified facts, etc. in order to scare you into arriving at a compromise.

YOUR ACTION: It is very helpful if you can arrive at a mediation armed with facts pertaining to state violations during their investigation, etc. Make sure your attorney has already filed the appropriate motions in court exposing unethical or illegal practices by the state agents. Examples can be Motion for Contempt of Court if DHS violated any court orders, requests for sanctions for failure to disclose discovery, administrative complaints against parties acting outside their scope of authority, etc. If you have evidence of DHS and providers attempting to tamper with the child witnesses, or tampering with evidence, you can request the DA to file charges and notify the court in writing of those acts. While it is unlikely that these people will be prosecuted for those illegal acts, it will establish a record for future civil complaints.

6. Adjudication hearing. Court may decide

a. Child is not abused or neglected, case closed, CPS is out of your life.

b. Only one parent abused/neglected child, send child home with innocent parent, imposes services on guilty parent. (Dream on, they can’t do this and get their funding, they have to nail BOTH parents.)

c. Parents admit guilt, court imposes services (If you fail these services, the court must terminate your parental rights. Parents are set up to fail these services over 75% of the time.)

d. Court trial finds parents abused/neglected child, imposes services. (Ditto)

STATE ACTION: State will violate all procedural rules regarding treatment plans.

YOUR ACTION: You must know law and policy pertaining to treatment plans and make every effort to insure the state agents comply. Document, document, document. Get ongoing admissions that you are in compliance and get it on tape and in writing.
7. Periodic reviews of parent’s compliance with case, usually at six months and twelve months.

STATE ACTION: DHS/CPS submits report to court detailing status of case, compliance of parents, family history and condition of children in state care.

YOUR ACTION: Respond to that report in writing, file with the court. Document DHS/CPS failures to comply with treatment plan, failures to comply with law and policy. Attach your evidence documenting your compliance and success with treatment plan. Request contested hearing. Request return of children. Work behind the scenes to negotiate the return of the children so that when the next hearing occurs, DHS/CPS will recommend that the children be returned.

8. Twelve months, permanency hearing, CPS files for termination of parental rights because:

a. Parents failed to complete treatment plan

b. Treatment plan failed to rehabilitate parents

c. Child in foster care 15 of the past 22 months

NOTE: IF PARENTS ADMIT GUILT, THE STATE DOES NOT HAVE TO PROVE THE CHILD(REN) WAS EVER ABUSED OR NEGLECTED IN ORDER TO TERMINATE PARENTAL RIGHTS.

9. Termination of Parental Rights hearing. Court may decide:

a. Terminate parental rights.

b. Extend treatment plan, give parents another chance to finish (rare).

c. Deny termination petition, keep child in permanent state custody (usually for older children who are deemed unadoptable.)

d. Deny termination petition, order reunification (may take six to twelve months or longer since snatching a child from his foster parents without gradually introducing him back to his biological family will be ‘emotionally traumatic’ to the child.)

No matter where you are in your case, put all requirements, instructions to caseworkers and agreements in writing. If you don’t get it in writing, it’s not valid. They’ll deny they ever made the agreement. Get it in w

At 1:40am on August 8, 2008, Fair Rulings said…: Effects of CPS Communications

The effects of CPS are unpredictable. Usually, the first effects of the organization are felt 30 to 90 minutes after speaking to a social worker. The victim may experience extreme changes in mood, feel several different emotions at once, or swing rapidly from one emotion to another. If spoken to in large enough sentences, the organization produces delusions and visual hallucinations. The physical effects include dilated pupils; higher body temperature and sweating; nausea and loss of appetite; increased blood sugar, heart rate and blood pressure; sleeplessness; loss of children, dry mouth and tremors.

The victim(s) may also suffer impaired depth and time perception, with distorted perception of the size and shape of objects, movements, color, sound, touch and their own child's image. Sensations may seem to "cross over," giving the feeling of hearing colors and seeing sounds. These changes can be frightening and can cause panic. Some CPS victims also experience severe, terrifying thoughts and feelings, fear of losing control, fear of insanity and death.

An experience with CPS is referred to as a "trip" and acute adverse reactions as a "bad trip." These experiences are long, with the effects of higher Communications lasting for 10 to 12 hours. CPS get high on Title IV funding.