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]

Here's another: If you threaten ANYONE'S life, you will lose your kids.

Should you go to jail for making a threat? Do your constitutional rights cease to exist if someone can claim "its for the children"?

[AppyPappy]

Yes. It's against the law to threaten people's lives and it sure makes you look like some out-of-control nutbag who shouldn't be raising kids. Look at all the cases where the mom has killed the kids because she went off her nut. Stay calm, ask lots of questions and be firm. CPS does not randomly take children. They have to go before a judge with proof.

And if you are a man, you are screwed because the woman is always right.

[sendtoscott]

CPS does not randomly take children. They have to go before a judge with proof.

And if you are a man, you are screwed because the woman is always right.

So which is it?

[F.J. Mitchell]

BUMP!

[NCSteve]

CPS does not randomly take children. They have to go before a judge with proof.

Not true in all cases. That is what the NC ruling is all about. If the NCSSC upholds the lower court ruling, it means (in NC at least) that CPS is exempt from probable cause as well as habeas corpus. They would need no intervention by the courts before confiscating your children. Furthermore, as long as the NC ruling is not struck down by another court, it can be used as a precedent by attorneys representing CPS's in any other state. Be afraid, be very afraid.

[AppyPappy]

They still have to eventually go before a judge in order to take the kids. If you are threatening to burn the kids alive, they can step in.

[AppyPappy]

Both. They do not randomly take children. Men have it worse than women in court.

[sendtoscott]

Both. They do not randomly take children. Men have it worse than women in court.

"Not random" does not mean "fair". The KKK didn't target people "at random", they targeted blacks and Catholics (among others). CPS can act unjustly and not at all randomly.

[agrace]

You know what I don't understand...if they are not considered agents of the state and therefore don't need a warrant, on what grounds then can they demand entry into your house at all?

Can't you just refuse them access like you can any other private sector person, such as vacuum cleaner salesmen or Jehovah's Witnesses? If they are not agents of the state, WHO gives them the authority to supercede private property laws??? I'd LOVE to understand this one, if you can explain it to me, thanks.

[Phantom Lord]

I can't. And that is the point of the law suit. The NC Supreme Court is going to be ruling on this. If they side with the appeals court then the HSLD has vowed to take it to the USSC. I wouldn't be surprised if the state takes it to the USSC if they lose.

It would be interesting to find a CPS worker at your door and then tell them "The NC Court of Appeals has ruled that you are not an agent of the state. Could you tell me by what authority you are attempting to gain access to my property and children?"

[sam_paine]

How about a list of things to do/not do when handing over your guns to the ATF....

[agrace]

Thanks for the response. :) I wanted to be sure I wasn't missing something. It is absolutely unbelievable that a judge could actually suggest we are to just let CPS have access to our homes and children if they are not considered agents of the state, which in itself is absurd.

[NCSteve]

Better yet: "If you have not vacated my front porch within 10 seconds, I will contact law enforcement to file a trespassing complaint. Further, I will be contacting the District Attorney's office to pursue a harrassment complaint and a communication of a kidnapping threat complaint. Have a nice day."

[TiredMomNTX]

The problem with that is I have resolved several of mine in 20 minutes , but when there are several of those 20 min. resolutions it adds up.

[TiredMomNTX]

I agree to that 100%. My ex's wife has had a phsyc evaluation where she was proven to try to be someone that she is not, but yet CPS still gave her a permit, after having her kids taken pryor, to have a daycare in her home and be responsible enough to care for my children while their father is not home.

[TiredMomNTX]

It just means that they are inexperienced and have no idea of what divorce with children can cause

[TiredMomNTX]

Not many care about the kids. They say they do, but they would prefer to play God.

[Inked Deadman]

So, being a disabled parent, with a seizure disorder, not aware of these rules and unwittingly willingly giving my kids over to my ex wife without CPS court orders or anything in NYS and so far abiding by their facist nazi taking of my life, finding NO help from legal aid or other legal avenues....what would one suggest I do to clear my name in an undetermined case as of the moment?