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C.P.S.false accusations & perjery

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sandi clark

Guest
What is the name of your state? hawaii > from a report made in bad faith to police, they removed my child,c.p.s. has had her in foster home since 9/19/03. I was never served for first court date & cps was awarded temp. coustody 11/14/03. cps said they tried to call me 3 times & has made reasonable attempts to work w/me ,in actuality they are not! CPS reports contain many many other perjerious or falsified& out of context, statements.I have a court appt. attny. that is overwhelmed & wanted me to submit to unreasonable service plan. when I insisted I would not admit to false allegations, he said he is only" representing"me & he will only do what I tell him to do. I am not versed in court proceedures!He is also terminally ill & coughs so much in pre trial he didnt even realize judge had granted TRO against me (he later had it removed)I"m not confident in his ability or willingness to "object,cross examine or all the other motions ' I"m not familiar with>in trial court to be held1/13/04. Attny. has told me to keep my mouth shut in court.My ?,s are/1.should I be quiet or speak up if he dosnt?>2..should I write letter to judge making him aware of perjery by cps even though all parties will see it, or should I just hope that my attny. can show discredibility of cps worker by compelled disclosure of their records?
 


stephenk

Senior Member
who reported you to CPS? why was your child removed? was this the first time CPS had contacted you in regard to your child?
 
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sandi clark

Guest
cps tyranny in hawaii

The initial report was made to police by(a canadian citizen>a manic depressive con artist w/ domestic violence & her own child"s abandoment issues)who our family made the mistake of letting her "flop" in gramas vacant apt. downstairs while she was here on vacation. When she became an unwanted houseguest w/in less than1 wk.,& I had verbalized to my 12yr. old daughter that w/in the next day or 2 she would be asked to leave, my child had had already been psyc. manipulated enough by '"guest" & told her of my intentions to evict. The next day the police had (litterally) their foot propping our door ajar @ 8:30 a.m. while they woke us up & took my kid into coustody in a matter of seconds.There was no pick up order, just enough outrageously herendous "standard" accusations to give the police their own <just "cause>reason for belief of emminent harm.4 days later the CPS came & rattled off accusations ,said my daughter confirmed them, & coersed me into signing a voulentary coustody agreement, of course"in the best intrest of child "w/ promise she could be returned in 90 days. I revoked V. agreement w/in 1wk. after I recovered from SHOCK. This was not the 1st. time I"ve been contacted by CPS>6yrs. ago, someone who was mad @ me for asking for monies owed ,called CPS w/ false accusations. Workers came & interviewed my home schooled child & decided she"s MORE THAN FINE & report was "uncorfimed".This is an epedemic here, becoming a well known & popular way to retaliate against anyone w/ children ,for ANY greivences a person may have, by using the system as a pack of dogs to go after parents by attacking them where it hurts the most,the heart, our beloved children! This atrocity of the system makes me flabbergasted,as being non violent, the only I can console myself is to try & endure the process of vindicating myself legally. Thank you so much for your concern, response & any continued support you may care to offer. I feel as if I am in mourning& my strength is being tried. I"m greatly concerned for my childs well being after being" yanked around unjustly."
 
S

sandi clark

Guest
cps tyranny in hawaii

The initial report was made to police by(a canadian citizen>a manic depressive con artist w/ domestic violence & her own child"s abandoment issues)who our family made the mistake of letting her "flop" in gramas vacant apt. downstairs while she was here on vacation. When she became an unwanted houseguest w/in less than1 wk.,& I had verbalized to my 12yr. old daughter that w/in the next day or 2 she would be asked to leave, my child had had already been psyc. manipulated enough by '"guest" & told her of my intentions to evict. The next day the police had (litterally) their foot propping our door ajar @ 8:30 a.m. while they woke us up & took my kid into coustody in a matter of seconds.There was no pick up order, just enough outrageously herendous "standard" accusations to give the police their own <just "cause>reason for belief of emminent harm.4 days later the CPS came & rattled off accusations ,said my daughter confirmed them, & coersed me into signing a voulentary coustody agreement, of course"in the best intrest of child "w/ promise she could be returned in 90 days. I revoked V. agreement w/in 1wk. after I recovered from SHOCK. This was not the 1st. time I"ve been contacted by CPS>6yrs. ago, someone who was mad @ me for asking for monies owed ,called CPS w/ false accusations. Workers came & interviewed my home schooled child & decided she"s MORE THAN FINE & report was "uncorfimed".This is an epedemic here, becoming a well known & popular way to retaliate against anyone w/ children ,for ANY greivences a person may have, by using the system as a pack of dogs to go after parents by attacking them where it hurts the most,the heart, our beloved children! This atrocity of the system makes me flabbergasted,as being non violent, the only I can console myself is to try & endure the process of vindicating myself legally. Thank you so much for your concern, response & any continued support you may care to offer. I feel as if I am in mourning& my strength is being tried. I"m greatly concerned for my childs well being after being" yanked around unjustly."
 

kat1963

Senior Member
Your major hurtle is that your 12 year old is stating that the complaints made to the police/CPS are true. And we all know that children never lie right? Even if you do get your daughter back, what is it going to be next time? She has now learned the system & that system believes her. It's extremely hard to prove that something did not happen.
Anyway, have you had visitation? If not, your lawyer needs to file for frequent & meaningful visitation and request a reunification plan. There is a good deal of information/research and an e-mail support group located here: http://www.fightcps.com/
Have criminal charges been filed against you? What is the reason for the next court date?
KAT
 
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SRMcMahon

Guest
1. Don't write letters to the judge. If your lawyer isn't doing a good job you can and should contact the court administrator and say you are having a problem with your representation. Just call the clerk of juvenile court (if that's where this is being done) and ask to speak to the juvenile court administrator. If they ask why explain you have some concerns about your counsel.

2. A lot of CPS is indirectly regulated by federal laws and regulations, much of this entering into state laws via uniform codes. Attorneys often overlook the opportunities provided by the federal regs. You said "unreasonable service plan". CPS is required to make "reasonable efforts" to prevent removal and/or reunify the family. The American Bar Association along with the National Child Welfare Reform Coalition has put together an analysis of what it takes for a judge to determine whether "reasonable efforts" have been made. You lawyer may not be inclined to question CPS' recommendations, but even if he doesn't the judge has a obligation to do so (a little known fact). Also, if there are barriers to services those barriers must be addressed, and services must be timely. Ie suppose they want you to do some program that has a 15-month waiting list. Well that's not a timely service and timeliness is part of whether services are reasonable. Type in "title IV-E" (refers to title 4-e of the Social Security act, which is the source of a lot of federal funding for child welfare purposes) in any search engine and you can find out about guidelines for CPS. The federal law that gives all this power to the states also requires that the states act with basic fairness. The state has to file a plan with the feds to receive funding, and if you contact your state human services people they should be able to tell you how to get a copy of your state's plan. Some states have them on their websites.

You might consider coming up with your own proposals for services and safety plans for the child. The service plan is SUPPOSED to be developed in collaboration with the family.

You have the right to see everything they have except the names of people making child protection reports. You have the right to see the investigation logs, case notes, the whole ball of wax. Also, keep in mind that appealing the CPS investigation is a SEPARATE process from the court business, and it is unlikely your lawyer will help you appeal. The appeal is done thru administrative means via the state agency that oversees child and family services. You should have received information on how to appeal.

It doesn't do you any good to say a CPS reporter is a con artst or engage in similar name calling. You want to focus on facts and everything you can think of that demonstrates your parenting strengths. It is very hard not to be angry and defensive once you land in this position but you must work hard on staying calm and focused. Think of this as the most crucial job interview (for the job of parenting your own child!) you have ever had. Keep a daily log with as much stuff as you can remember to write down--attempts to contact the social worker, for example, meetings you attend. Call around to organizations such as shelters, rape and abuse centers, university social work departments, or local hotlines to look for advocacy referrals. If there are any disability issues involved, contact your nearest Center for Independent Living or Protection and Advocacy organization. They receive federal and state funds to help protect the rights of people with disabilities, and the majority of CPS cases do involve some kind fo disability issue.

Do you still have a copy of previous investigation findings? If not see about getting a copy.

Go to DHHS, Children's Bureau, Administration for Children and Families websites and start looking around. You will find a lot of information on child welfare services and what kinds of standards they are supposed to abide by (and often do not). Also go to CPSwatch website.
 
M

mo-o

Guest
kat1963 said:
Your major hurtle is that your 12 year old is stating that the complaints made to the police/CPS are true. And we all know that children never lie right? Even if you do get your daughter back, what is it going to be next time? She has now learned the system & that system believes her. It's extremely hard to prove that something did not happen.
Anyway, have you had visitation? If not, your lawyer needs to file for frequent & meaningful visitation and request a reunification plan. There is a good deal of information/research and an e-mail support group located here: http://www.fightcps.com/
Have criminal charges been filed against you? What is the reason for the next court date?
KAT
Sorry to be jumping in at this late date, but from my experience, in Hawaii, CPS always claim that the children support the accusations. I guess since CPS prevents the courts from interviewing the children, they can make whatever claims they wish.

The only way to beat them is to get a good attorney. But that seems to be the true purpose for their actions, keeping lawyers employed.

mo-o
 

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