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Recommendations for those falsely accused of child abuse
victims of child abuse laws ^

Posted on 09/04/2001 12:42:18 PM PDT by sendtoscott

Recommendations for those falsely accused of child abuse

DO remain calm and don't alarm your child.
DO NOT let CPS case workers or police inside your house unless they have a warrant.   If they insist on seeing your child call the child to the door.  DO NOT open the door.  DO tell them you will not talk to them without your attorney present, even if you don't have an attorney.  DO NOT GIVE CPS caseworkers or the police any information in defense of yourself.  CPS will take anything you say and twist it to use against you.  BE firm but polite and courteous at all times.
DO tape record all conversations with CPS officials or representatives of agencies assigned by CPS to "help" you when possible.  (It is legal to tape conversations you, personally, are having in New York State.)  If you do not have a tape recorder call a trusted friend to come over and be a witness to any intrusion between you and the caseworker or CPS representative.  If possible, have one or more trusted friends present whenever you or your children speak with CPS officials or police.
DO document all interviews, phone calls, events or altercations as thoroughly as possible.  (Write things down as soon as possible after an interview or telephone call.  You have a legal right [in New York State] to record telephone calls.   Do so if possible.)
DO keep a daily record of any events concerning this situation.
Do locate and preserve any evidence corroborating your innocence.  DO NOT rely on others to do this.
DO educate yourself on CPS rules and regulations.  They violate their own rules and your constitutional rights regularly.  DO educate yourself by reading all information available to you from VOCAL and any other sources. 
DO NOT trust any CPS official, no matter how friendly they act.  They are not your friends!!!!  You may with to inform your child's school by certified letter or in person that you do not wish Social Services, CPS or anyone else having any contact with your child without your consent and that you will hold the school liable if they do allow such contact.
The goal of CPS is not to determine the truth, but to render a determination of guilt and possibly remove your child from your home, thereby justifying its own existence.
Every time CPS makes contact with you, your child, your child's school, your lawyer or anyone else connected to you, whether in person or by telephone, they make notes.   These notes are known as discovery notes or progress notes.  These notes, as well as any other information, including photographs and audio and video tapes of you and/or your child, comprise your case file or case history.  These notes are often inaccurate or just plain lies.  You are entitled to have access to these records, according to New York State law, Social Services law and The Family Court Act.  In most cases they are difficult to obtain - so be persistent! 
DO request a copy of all information gathered by the Department of Social Services for the duration of the initial 60-day investigation and until the case is closed.  This request must be in writing.  Send it certified mail, return receipt requested.   Send your request to your county Commissioner of Social Services.
DO NOT delay in filing this request.  CPS will procrastinate and use every tactic they can to delay or prevent the release of these records.  Remember, you do have a right to access these records.  DO NOT take "no" for an answer.
DO present a clean and neat appearance.  Appearances are important.  CPS caseworkers are trained to interpret unkempt appearance in a negative manner.
DO NOT allow CPS officials to provoke you.  An angry response will be used against you.  Keep your composure at all times.
DO demand an ethical, unbiased and competent investigation.  You will have to gather evidence of your innocence.  They will only pursue evidence of guilt in most cases.
DO stress your concern for your child's well-being.  DO NOT let the system diminish or destroy your parent/child relationship.
DO find a competent attorney.  DO find a criminal attorney who has experience in child abused cases and is familiar with Family Court law and psychological counseling.   An attorney who specializes in criminal law is generally more aggressive and less likely to be intimidated by the county attorney.  Information sheets are available to assist you in choosing an attorney. 
DO NOT let the legal system persuade you to plea bargain or admit to guilt.  An admission of guilt to a false accusation is always the beginning of a long nightmare, not the end.  This is especially true in light of the proliferation.
DO insist on psychiatric evaluation of the accusing person.  DO attempt to investigate the motives or credentials of the accuser.
DO request that all requirements of the Social services department be in writing.
DO file a written notice with all medical professionals that you or any member of our family have seen restricting them from discussing your medical history with anyone unless authorized by you in writing.
DO have your child examined and/or evaluated by your own doctor or mental health professional.
DO obtain your own counselor if counseling is offered or required.  DO NOT use the services of any counseling service recommended by the county.
DO NOT allow any counseling sessions to occur inside your home.
DO limit the number of in-home visits by the caseworker.  Volunteer to meet them at their office.  They are only looking for information to use against you.   Have a third party present at all meetings to act as a witness and/or record all meetings.
Be aware that CPS can and may take your child out of class, interrogate them, strip search them, photograph them, remove them from school, x-ray tem, medicate them, place them in foster care or other state-run institutions, all without your knowledge, notification or consent.
Do remember that you are not alone.  There are 3 million child abuse reports made each year in the United States, and over 70% are false.  As a result, many innocent adults have been deprived of their children, have had their civil rights violated or are facing prison terms for crimes they did not commit.  In addition, innocent children are being subjected to abuse by the very system designated to protect them.
DO become active in VOCAL of Family Rights Organizations today so that you can help stop innocent families from being destroyed by a CHILD PROTECTION SYSTEM GONE ASTRAY.  DO join us in our attempt to change the laws that are harming our children and families.

 

NOTE: The above information is for educational purposes only.  It is not legal advice.  If you have any questions or concerns about any information you receive from VOCAL ask your attorney.  This information is intended to provide you with the knowledge necessary to make intelligent decisions when dealing with CPS.  You must examine your situation ad determine for yourself if this information will help your case.

"CPS" is an abbreviation for "Child Protective Services," a unit of the county Department of Social Services.  The title may vary in form from state to state.

Revised January 1998



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To: sendtoscott, strela
2 year olds naked lark triggers lawsuit

Any thoughts strela?

21 posted on 12/31/1969 4:00:00 PM PST by Phantom Lord
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To: strela
In The Matter Of Stumbo

Thoughts?

22 posted on 12/31/1969 4:00:00 PM PST by Phantom Lord
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To: upchuck
Good ideas. But what we really need are laws that severly restrict what these goons can do.

That's kinda what I was thinking; how sad it is that we have to have these recommendations in the first place.

23 posted on 12/31/1969 4:00:00 PM PST by geaux
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To: editor-surveyor
Do you work for the nabber-NAZI ??

I do not, and I have actually been one of those parents who was visited by CPS based on a complaint from a third party. It was resolved in less than 20 minutes and the case closed. I guess I handled it all wrong, huh?

24 posted on 12/31/1969 4:00:00 PM PST by Dog Gone
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To: Phantom Lord
Recently in North Carolina, the courts have ruled that CPS employees are NOT agents of the state and not bound by the 4th amendment to the constitution and that they DO NOT need a warrant to enter a persons home to question or seize a child!

Government agents need search warrants. Anybody else you can deny them entry onto your property. If CPS is not a government agency then they have no right to be in your home. I must have missed something, or are the North Carolina courts that stupid. Who was the judge?

25 posted on 12/31/1969 4:00:00 PM PST by Zon
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To: sendtoscott
I've had people report me several times. They were always anonymous but I knew who it probably was and how this person not only called herself but got her lowlife friends to help her with the dirty work. Fortunately for me, very, very fortunately, I got case workers who understood the motive of the accuser. It can go on for months and make your life a terrible misery.

As a result of my bitter experiences, you want to keep as far away from all of it as possible. Try to lead your life so as not to give anyone a reason to report you as best you can.

In my case, it was my ex-husband and wife who used it as a power tool against me to prevent me from getting a back child support settlement. It worked. They won. I was too afraid to ever cross them again.

26 posted on 12/31/1969 4:00:00 PM PST by Aliska
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To: Zon
It was the appeals court, and only one judge dissented. His dissent provided for an automatic appeal to the State Supreme Court and that is to be heard in October.
27 posted on 12/31/1969 4:00:00 PM PST by Phantom Lord
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Comment #28 Removed by Moderator

To: amundsen
Hard truth #17. The liberal seeks to dominate any institution which can weaken or destroy individual parental rights - public schools, child abuse agencies, pediatric associations, etc..

Hard truth #31. Liberals despise all innocence - especially the innocence of a child.

Hard truth #32. Liberals seek the sexualization of children and the normalization of pedophilia, all in the pursuit of genital freedom.

Hard truth #41. Liberals are perfectly willing to destroy you financially, remove your children, and imprison you for what you believe.

Hard truth #51. Whenever a liberal expresses concern "for the children", they are using and targeting children to expand promiscuity, collectivism, and their own pocketbooks and egos.

Hard truth #60. Liberals believe that passing religious values to children is a form of child abuse.

Hard truth #83. In Hillary's Village, parents are the child-rearing problem, not the solution.

Hard truth #92. Liberals create child abuse witchhunts, and often send innocent parents to prison in child abuse cases, to justify their destruction of parental rights.

Hard truth #123. Liberals believe that children derive no real benefit from married parents.

Hard truth #124. Liberals believe that children must have sex as soon as they are physically able - because they are physically able.

Hard truth #140. So-called "child protective" agencies collect Federal bounties for every child they remove and adopt out. Their primary agenda is the projection of power and left-wing politics.

140 Hard Truths About Liberals

29 posted on 12/31/1969 4:00:00 PM PST by moyden
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To: editor-surveyor
You got it backwards, which is the REAL problem with CPS. Only about 1/10 of 1% of their "cases" get recommended for further investigation. The problem this causes is that CPS workers feel useless and start getting over active.
30 posted on 12/31/1969 4:00:00 PM PST by discostu
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To: sendtoscott
Another area of false accusations: "Repressed Memory."

I know of two cases in our small town where two troubled young women went into therapy for their troubles. As I've been told, they saw the same therapist, who made the same diagnosis. They were having psychiatric and psychological troubles because they were repressing the memory of their father's molesting them when they were toddlers. There are two families destroyed. The therapist is still practicing. A local church uses him. (note: most such therapists are women I have been told.)

If you or anyone you know is ever accused of molesting your daughter, or any other girls or adolescent women, you'd better get help. Get hold of the False Memory Syndrome Foundation. I don't have their web or email address, but you could probably get it after a search.

Remember Wenatchee and the "repressed memories" of Satanic Ritual Abuse? Seems that was a product of a police investigator who then got the state CPS involved. The result was a state law passed by the legislature that the state's victim compensation fund wasn't to be tapped by female "victims"or their therapists. Another result is that the state of WA has already paid judgements of tens of millions of dollars, and face tens of millions in other lawsuits that haven't been to court yet. And this is just the Wenatchee mess.

31 posted on 12/31/1969 4:00:00 PM PST by doxteve
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To: Phantom Lord
If the CPS is not an agent of the state, then it must be some freelance terrorists group with no legal standing whatsoever. Kidnappers.
32 posted on 12/31/1969 4:00:00 PM PST by F.J. Mitchell
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To: Phantom Lord
If the CPS is not an agent of the state, then it must be some freelance terrorists group with no legal standing whatsoever. Kidnappers.
33 posted on 12/31/1969 4:00:00 PM PST by F.J. Mitchell
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To: Dog Gone
" I guess I handled it all wrong, huh?"

No, but don't confuse your good fortune with the dominant reality. - I know too many families that have been destroyed by these jerks.

34 posted on 12/31/1969 4:00:00 PM PST by editor-surveyor
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To: F.J. Mitchell
If the CPS is not an agent of the state, then it must be some freelance terrorists group with no legal standing whatsoever. Kidnappers.

One attorney I know said that the NC ruling declared open season on CPS workers. If they are not agents of the state, then they must be trespassing and can be dealt with accordingly. "Officer, I was in fear for my safety and the safety of my family, I had no other choice than to defend myself."

35 posted on 12/31/1969 4:00:00 PM PST by NCSteve
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To: Phantom Lord
Recently in North Carolina, the courts have ruled that CPS employees are NOT agents of the state and not bound by the 4th amendment to the constitution and that they DO NOT need a warrant to enter a persons home to question or seize a child!

I admit I don't understand this. Either CPS is an agent of the state and they have to follow due process, or they are not and have no more rights than any stranger you refuse entry to your house. If they're agent of the federal government, they have to follow the same sort of due proecess as agents of the state.

36 posted on 12/31/1969 4:00:00 PM PST by William Terrell
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To: sendtoscott
This one was missing:

Do not beat the crap out of your child

37 posted on 12/31/1969 4:00:00 PM PST by AppyPappy
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To: AppyPappy
Do not beat the crap out of your child

Because, of course, its a given that you are guilty if the govt says you are.
38 posted on 12/31/1969 4:00:00 PM PST by sendtoscott
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To: sendtoscott
No because it happens a whole lot more than you think. You wouldn't believe what comes into the ER. I'm not talking black eyes. In some cultures, scalding water is used as a form of punishment. The kids would come in with the skin peeling off. I knew of a church in Gboro that would go around picking up kids for church in a bus. They would feed them and give them food to take home because the parents drank everything and there was no food in the house.

This stuff exists. The problem is that families get in fights and they start slinging accusations as a form of negotiation. I know of one family now where the wife is claiming abuse to get child support. CPS has to wade through all this crap.

39 posted on 12/31/1969 4:00:00 PM PST by AppyPappy
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To: sendtoscott
Here's another: If you threaten ANYONE'S life, you will lose your kids.

CPS took a kid away from a family recently because the parents were using the child as a pawn in court to get at each other. The terrible thing is that the parents didn't fight the move. They were too interested in hurting each other to care about the kid.

40 posted on 12/31/1969 4:00:00 PM PST by AppyPappy
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