Recommendations for those falsely accused of child abuse

victims of child abuse laws ^

[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

[sendtoscott]

ping

[1Old Pro]

Janet Reno falsely and maliciously prosecuted an ex-cop of child abuse.....ruined his life. This alone makes Reno unfit for office. Add in the waco muders and the Elian kidnapping and we have one sick woman.

[upchuck]

Good ideas. But what we really need are laws that severly restrict what these goons can do.

[concerned about politics]

Sounds like Nazi police.
They say they work to protect the children, but has anyone asked the children if they feel they were helped? No, that mustn't become an issue, because the answer would be NO.

[Phantom Lord]

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.

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!

This came about because an anonymous tip was placed with CPS that a child was being abused. CPS came to the home of a family in NC and demanded access to the child. The parents demanded a warrant and CPS told them they didnt need one! The parents, who are homeschoolers, luckily are members of the Home School Legal Defense Fund and they have defended the family in court and are now trying to get the case heard by the USSC. Hopefully they will take the case and rule that CPS employees are agents of the state and bound by the 4th amendment.

Oh, and as to why an anonymous tip was placed... a 2 year old girl ran outside naked to retrieve her cat that just ran out the door. It is believed that the school bus driver that picks kids up on their street was the one who placed the call.

I'm sure other NC Freepers can provide links to stories on this.

[Mr. K]

This is right on the money- I divorced a **DIAGNOSED** psychopath, and CPS told me right to my face that they WOULD NOT talk to ANY neighbors, freinds, or relatives after I BEGGED them to... I asked them how they could then learn anything since ONE OF US had to be lying...

I was given custody in court after the (court appointed) doctors' diagnosis, and on nothing more then an accusation by my ex the CPS worker siad to me "well we are going to leave the children with her until we complete our investigation..."

I told her in NO UNCERTAIN TERMS that I WOULD NOT be leaving my children there, after just being granted custody...

I then told her about my neighbor calling and saying my children were playing outside unsupervised and she told me one was HANGING BY HER NECK from her clothing on the swingset, and the CPS workers said "Oh yeah? that's the same thing SHE told ME" (Implying that therefore it must be a story we made up together...)

These people are TOO STUPID TO BE ALLOWED TO MAKE SUCH DECISIONS!!!

[kaylar]

She did that to quite a few people, including a child of 12. Yes, I mean she accused a child of 14 of molesting younger children...This child (Bobby Fijnje) was a diabetic, and she had his insulin withheld in an attempt to force a confession. He was found not guilty by a jury, and he and his family fled back to Holland.

That thing is pure, unmitigated filth.

[Dog Gone]

If you refuse to talk to a CPS case worker unless an attorney is present, I am quite confident that will turn you into a high-profile target within that agency. You certainly have the all rights outlined in your post, and you should certainly exercise all of them if there is anything at all in your conduct which could be misconstrued, and especially if this is really a spousal custody issue.

However, CPS does investigate a lot of cases where they conclude there is no basis for further action after a single interview. Refusing to cooperate and turning it into an adversarial relationship ensures that, at a minimum, the process will be lengthy and expensive.

[Doctor Stochastic]

Isn't refusing to talk without an attorney present one of the main objections people had with the Ramseys? The usual line is that people with nothing to hide don't need attorneys.

[Tai_Chung]

I would like to see a website that lists the rules and regulations of CPS for each state.

[editor-surveyor]

Do work to restore the Wall of Separation between Child and State.

[A. Pole]

Bump

[editor-surveyor]

"However, CPS does investigate a lot of cases where they conclude there is no basis for further action..."

Yea, like once in 10,000 cases maybe.

Do you work for the nabber-NAZI ??

[hsmomx3]

And from what I have heard/read many of these workers are single and/or have no children of their own. Must be a pre-requisite that they dislike children in order to break a family into pieces for the rest of their lives.

[editor-surveyor]

"Isn't refusing to talk without an attorney present one of the main objections people had with the Ramseys?"

No, but it was one of the Jack-booted NAZI's objections.

Thugs don't like it when people demand their rights.

[mykdsmom]

Here and Here"

MKM

[hsmomx3]

Here are two sites that have info.

http://www.donttakeourkids.com/

http://www.cpswatch.com/guide/

[js1138]

If you refuse to talk to a CPS case worker unless an attorney is present, I am quite confident that will turn you into a high-profile target within that agency.

I suggest anyone tempted to take the advice in the posted article -- take time to consider how you feel about Gary Condit. Getting lawyered up won't help you much in family court.

I worked in this mess for seven years. Lots of false charges are made in divorce cases. Both sides want to kill each other. Intelligent case workers (good luck) learn to discount charges that suddenly come up in the middle of a divorce.

Only really good advice: admit your are ticked off at the charges, but keep your cool. This is your first and best weapon, your ability to remain calm when you are talking about the case. Consult a lawyer in private but don't expect the lawyer to charge in and fix things.