Parents falsely accused
To many parents are accused of child abuse when they never did anything wrong. The courts do not give parents decent
lawyers, or time to prepare their cases. To many judges call the parents liars and believe social workers that lie and threaten
parents. DUE PROCESS IS DENIED IN ALL COURTS AROUND THE NATION! UNLESS THE PEOPLE STAND UP AND DEMAND JUSTICE THIS WILL CONTINUE!
The 'Lectric Law Library's Lexicon On
* Motion For Summary Judgment *
MOTION FOR SUMMARY JUDGMENT - A request made by the defendant in a civil case. Asserts that the plaintiff has raised
no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.
"Each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof,
i.e., with the manner and degree of evidence required at the successive stages of the litigation." Id. In order to defeat
a summary judgment motion, the nonmoving party may not simply rely on his pleadings but must present some evidence on every
material issue for which he will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986).
I
have been telling parents that they need to file motions if their lawyer will not help them. Also make the DCFS worker show
cause as to why they want them to jump through hoops and also why the parents are forced to take all these classes.
also
if the parents are accused of abuse they need to file for all the records under the freedom of information act. I know
a lot of time DCFS will refuse to give them to the parents but then they are violating the laws. (of course they do
that good)
Parents can also file motions for new prentenders if the one they have is not doing their job. I tell parents
that once your child is removed they are running on limited time they have only 15 months to get them home. If the social
worker keeps it in court then the parents are in for a fight for their lives and they need to learn all the laws to fight
their case. The courts don't care if the parents are right or wrong. this is where the paper trail comes in handy and make
sure everything is documented. if not the court will not believe the parent.
keep files and records of everything. if they
try to say bills are not paid then make sure that you have recipts of everything.
This way it can be shown in court.
CPS VICTIM’S BEGINNERS MANUAL
These are things you should have done BEFORE CPS invaded your life. The chances are, though, that until they knocked
on the door, it had never crossed your mind to have to protect yourself and your kids from them. Sadly, this is WHY they have
such success at destroying families and stealing kids.. the parents have no clue of the dangers. You are working to protect
your kids from every danger you are aware of, and the most dangerous of all threats is one that you are paying to support
every time you cash a paycheck. Think you have nothing to hide? You don’t have to.. they will be happy to make some
up FOR you.
Based on my personal experiences, these are the steps I deem absolutely necessary to self defense in this situation:
If you have not already- NEVER EVER let them into your home without seeing a SIGNED Search warrant.
Yes the refusal pisses them off, and they MAY just have the cop with them force you out of the way. MAKE them. Don’t
make it easy for them to violate your rights. Make them force you and get every word and step on video if possible, and at
the very least on audio. If possible have someone there as a witness in addition. If you can simply refuse to answer the door,
CALL a neighbor, a friend, family, someone to come to witness for you. Develop a relationship with advocates and other parents
in your area with whom you can exchange help.
If, as in most of our cases, you have already been invaded, and violated, then the following is where you begin..
START DOING THESE AS SOON AS YOU ARE DONE READING THIS LIST!!!!!
Go to Wal Mart and buy a good micro voice recorder.($30-$40) It can either be tape, or digital, doesn’t matter.
It does have to be capable of using an external microphone, so that you can hide it, and clip the mike on your clothing somewhere
inconspicuous.
Wear this wire like you wear underwear. NEVER leave home without it.
NEVER get dressed again without it. It can literally save your life. The newest digitals are so small, they can be carried
as a key fob, and most people don’t even realize what they ARE.
Carry extra batteries, cards, tapes, etc, so that you are prepared for anything.
While you are at Wal Mart, buy a second recorder. They carry one that is a table model that uses the old style cassette
tapes. This is cheaper than the newer micro sized ones. It is black, and GE, I think, and costs about $15.00. Get a large
economy pack of blank tapes. THEY are cheaper, too, and you are going to need a butt load of them.
THEN go to Radio Shack. Get the gadget that they sell to attach that recorder to your phone. It allows the recorder to
start recording every time the receiver is picked up. If you end up recording a conversation that you are SURE isn’t
needed, you can just rewind after you hang up. No biggie. NEVER TURN THIS RECORDER OFF!!!
Do NOT sign ANYthing for ANY reason til you have spoken with an attorney and don’t trust the court appointed ones
they will advise you to admit to things that you did not do. If you have not done the things they are claiming, and even if
you HAVE, don’t sign a damned thing! At the very LEAST talk to an advocate or family rights group, do NOT trust the
advice of an attorney about this! No matter how innocent it seems, it can be a lethal blow to your self defense to sign anything.
Besides, these cretins are known for doing things like placing a medical release form in front of you to sign. What you don’t
see is the carbon paper under it, transferring your signature to some admission of guilt.
If you absolutely have to sign, then write OVER the signature line, BEFORE you sign, “Signed under threat, coercion,
and duress”. THEN sign your name THROUGH that sentence. Over the top of it… DO NOT sign your name FIRST.. or put
that line NEXT to your signature, because they WILL alter your signature if you leave them a chance to do so. This is VITAL.
Do NOT let CPS in your house, no matter WHAT they threaten you with or claim. If they don’t have a warrant, which
they allow you to see, read and ascertain is REAL, even if there is a cop standing there, do not allow them inside your home.
(Note, if they already have a petition in the courts, and a judge has ordered the protective or temp custody of your kids,
if you have already allowed them in before, you cannot refuse them. Read VERY carefully to be sure you are not violating a
court order by refusing them. If they have already taken your kids, you are likely under court order to allow them unobstructed
access to your home. If they have already filed a petition to the court, and you have been SERVED, or were in the courtroom
regarding this case, you are likely under a court order not to prevent their entry. ) If they don’t have a warrant,
and no court order exists to force you to comply with them, make them FORCE their way in, and be sure you get that on record,
tape, preferably video, but at least audio. I have ten parents right now who will tell you that they were standing there demanding
to see the warrant when the cop pushed them out of the way, and forced the door. Jack booted thugs is an understatement! If
they force their way in, you have just documented the first of many civil rights violations. MAKE THEM BREAK THE LAW, do NOT
allow them in, or you are waiving your rights. NEVER do that. Make them TAKE what they want. And do so on record EVERY time.
If you are not sure if you can still do this, ASK someone on the boards, or call up an attorney to just ask that question.
It is highly recommended that you get hold of a video camera. (I recommend a set of little tiny video surveillance cameras
that send the images to your VCR. They are cheap, about $150 for the full set up. They are called X2 cameras. They CAN be
received from outside your house if you take the wireless option, you should be aware of this. If you can’t afford that,
at least set up a regular video camera.) (Also use this for any visits with kids in custody, etc.) Set it up to view the door
they would be knocking on. NEVER open the door all the way, keep the screen door locked. If they knock, before answering the
door, turn on the recorder. (I personally would refuse to answer the door if I had any chance. I guess if the kids are out
in the yard playing, you can’t do that, but you CAN tape record the encounter, and you MUST! Be sure you are wearing
your mini recorder, and that it is on. Between video and audio, you will ABSOLUTELY get proof of their illegal coercion. They
hardly speak without lying to you, or threatening you.
If you are able, just refuse to answer the door. As soon as they have gone, get your kids the hell outta there, and if
you need to, clean up the house. They will find fault with a few dishes in the sink from lunch, or a half bag of trash in
the can.
Go to the websites all over the internet and find the FOIA letter generators. Write a letter requesting a full copy of
your CPS records… be sure to require copies of ALL records related to ANY family member.
Never send things like this without making several copies, and saving one. Also never EVER send things like this without
proof of mailing, like a return receipt, at least, or better, certified mail.
If your family has an extensive record of services over a number of years with CPS, you can request to VIEW your records..
they have to let you in most states and in most situations. You can take notes of the pages you need to have copies of, and
then make your request for those pages. This is NOT as complete, or as good as having a full copy of the record, but some
counties charge outrageously for these, and it might be the only way you can afford to get the proof of the lies that are
in that record. Trust me, you MUST see that record, you will be blown away at the stories the social workers have entered.
You must understand that they are trained to use every single little thing as a little building block in a case that they
may take YEARS to amass against you. A simple thing like signing up for a parenting class they offered five years ago might
have been noted in your file as a measure they required from you to “avoid removal of the child”. You MUST check
and object to every single word in that record that is not absolute fact. This is done in multiple copies, sent to anyone
remotely connected, and certified mailing. Give them five days to respond, or to send you a certified proof that the record
has been changed to reflect the truth. (more on this at AFRA and other family rights sites)
File grievances against social workers and agents for EVERY instance of abusive treatment, refusal to comply with THEIR
end of a treatment plan, etc. Make sure you have documentation if at all possible, and include a copy. Send this to the local
grievance officer, if you can find out who that is, AND a copy to the STATE ombudsman or liason. Remember, always certified.
You only have up TO 30 days to do this in each instance, so do it every time something concrete arises. I have one client
who says she was filing up to 20 letters a DAY to various people by way of verification of conversations, and complaints about
social workers and therapists, and foster homes, etc. Note that Fosters have a separate review board in some states that you
can complain directly to.
Send similar letter of request for the entire files held by any therapist, medical center, doctor, school, recreation
program, any and every contact of that type your kids have EVER had. If your kid broke his leg five yrs ago, get the ER records
of that treatment. Trust me. (Don’t forget the separate EMT records if an ambulance was involved)
Start getting statements from anyone and everyone who has contact with you and your kids, neighbors, church people, Sunday
School teachers, dime store clerks, whoever. Get them all.
Take apart your CPS records and any other professional’s records, and scan them for accuracy. Make notes about
anything that isn’t absolutely true, or is misrepresented, and try to gain verification from some other source to support
your version. Do the same drill as you did with the CPS records demanding that they remedy the inaccuracy, giving them five
days to confirm that it has been done, IN WRITING, and sending copies to everyone, certified mail. (Note it is just as effective,
if you are really dealing with NO money, to hand carry and deliver copies of these things to the people, getting them each
to sign receipts (I have them sign a copy for me, stating Received by me on??? Date,
signed XX)
GET the taping laws for your state, and know your rights, and the law.
If you live in one of those states where both parties must be aware of the tape recording, you CAN place two recorders
in play.. one in plain sight. If the worker objects to being recorded, you do a song and dance about “WHY, what do you
have to hide, etc. If you are only doing your job, why does a tape recording intimidate you?” If she absolutely refuses
to be recorded, shrug and sigh, and reach over and turn off the one on the table. DO NOT SAY ANYTHING, just continue talking
to her, asking unrelated questions, or something to side track her. Leave the hidden one running. You will have a tape of
her objecting, but going on speaking as if she just gave up.
The other self defense to this sort of two party law is to place notices on all your doors (the WARNING sign noted above)
which include the statement that entering this home is an implied consent to be tape recorded or video recorded and you may
be recorded at any time.
You can also send a letter (CERTIFIED, so you can PROVE they got it) to all parties and notify them that calling you
or visiting your home may be recorded at any time. IF they object to being recorded, they are welcome to communicate to you
through written media.
Write a request for a Child Welfare Manual for your state. You will have to ask what the proper term is for it, they
are different in every state. You have a right to a copy of this book, though, and can request it. Give them five business
days to respond, and if they do not, contact your STATE DHS information officer and complain that you have been denied a copy.
Again, send these things CERTIFIED mail so you have proof of dates etc.
Require that they give you some written explanation of the grievance process for filing a complaint against the agency
or a social worker. Do NOT be intimidated or side tracked by their standard “Why, what do you want that for? Who are
you complaining about?” you have the right to be informed of the right to complain, and the process to use, as a part
of any initial contact with you. They know that, and never EVER inform the families that this right exists. MAKE THEM PROVIDE
THIS!
Go to a dollar store, and buy a half dozen loose leaf notebooks and a hole puncher. EVERY time you send a letter, or
get one, or get a court document, a note on a scrap of paper from someone related to this case, place it in one of those notebooks.
Include copies of all the certified letters you are sending, along with the proofs of mailing etc. You will rapidly fill them
all, trust me. Keep everything, and keep it in order of the dates. You can place tabs and dividers to locate various important
things if you need to.
Making Reasonable Efforts
There are more, I will add them when I have time to find the right titles. If some of YOU have favorites, by all means,
post them here in the files list, as a reading list.
Get and read the Children’s Codes of your state laws. They are called statutes in some states, Codes in others,
but they are the laws governing your states handling of child welfare cases.
Get and read and RE read the Federal and State Rules of Civil Procedure. You HAVE to know how to properly address the
court, and how to file a motion or report to the judge on your own. Likely, your lawyer is going to be totally worthless,
so learn to handle yourself in court, you are going to HAVE to.
If they have EVER had information on you in the child protection offices or even on your EX or just a step kid, you must
get ALL of your records, mentioned above.
Every time you have a conversation or meeting with ANYone, Dr., Social Worker,Attorney, anyone, write a letter to them
as soon as you get home. There is a form on AFRA. It says this is what I understood you to say at our meeting, (phone
conversation, whatever) today, xXX date at about XXX time. And this is what I recall that I said to you or that we agreed
upon. If you object to this accounting of any portion of this conversation, please notify me within five days in writing of
exactly what your objection is, and why. Failure to respond will be considered an implied agreement to the facts as I have
stated them herein. Send them the same way.. certified, return receipts. File the copies in your trusty notebooks, along
with the mailing and delivery proofs. Do this EVERY TIME you have a talk , phone call, a meeting with etc anyone involved
in your case in ANY way, even your ex mother in law. Hell, even your MOTHER! (lighten up, I’m kidding! Although I have
met some Moms, aka Grammas, who would say anything to GET the grand kids from the son or daughters ex spouse!)
If you can’t get online at home, go to the library and sign up for a free email address at yahoo.com. Start joining
Family Rights groups and reading the posts on them. Write the timeline in the next item, and post it to the yahoo groups.
Those parents will most likely have cases very similar to yours, some of them will even be from your state. They can save
you DAYS of searching for information and documents.
Write a timeline of your case, and keep it current.
List every single thing that led up to this case, from day one. Don’t go into deep detail, just the facts, listed
in the order that they happened, along with notations of what proof you have and what lies were entered. This list should
be done by date and time. If several things happened on one date, list the times, at least approx. of each.
Do not try to gloss over things you think will make you look bad. Save that for court. If you did something wrong, admit
it, and explain it. HOWEVER, do NOT make any public admissions, if there are things that they have valid accusations against
you for, talk about those privately with an attorney AND a trusted advocate. NOT on the internet. What I am referring to here
is things like not mentioning that you tested positive for Coke a couple of years ago and the investigation was later dropped.
Things like that. Don’t leave those things out of your timeline, they have a direct impact on what CPS is doing to you.
But if you DID something that could be twisted, and misrepresented, don’t admit to it in a public document. Remember,
EVERYthing you post anywhere IS public, no matter how private it looks. While you need to be as honest as you can with people
who are trying to help you, you must not expose yourself to some accusation or admission of guilt in the process. Also know
that CPS regularly taps phones, hacks emails, and monitors boards where it is a members only forum. They regularly pretend
to be parents needing help, to get IN to monitor US. Let the others help you defend or mitigate anything you might have accidentally
done to warrant CPS attention. If you are guilty of some accusation they are posing against you, at least privately with your
advocate, you MUST be honest about this. These people are your support. If you aren’t honest with them, they can’t
help you. If you hide things that come out later you look more guilty than you probably are. For instance.. if the house really
IS a pig sty, the position most of us have about that is that it may BE a valid excuse under current law, to have a CPS intervention.
(We object to THAT, but it IS the law right now, so hard to stop til we can get some laws changed) BUT it is NOT a valid reason
to take a kid out of the home. IF you are guilty of some drug abuse, and are willing to get treatment, there are other ways
to protect the kids and assure that you don’t endanger them besides traumatizing them with removal. Family support,
church supports, etc can and should be the protection of choice. If you LIE about those things, no one can help you fight
the invasion effectively, besides your lack of honesty will likely make the advocates angry, and they will not TRY to help
you.
Learn what the court process is for your state, and know what to expect. Learn what the lawyer (especially if he is court
appointed) should be doing and when, and know the laws yourself. There are blanket sample instruction letters for attorneys
that you can modify to fit what you want to tell your attorney about how you wish to be represented. Copy one and use it for
a guideline, and send him one, remembering to send everything with return receipts.
The center most point of this is that you will rarely, if EVER, find a lawyer, paid or not, who knows how and is willing
to fight this sort of case effectively. The only person you are going to be able to trust and rely on to help you is YOU.
If you don’t know what should be said and done, and when, you will be a victim. The only way to defend your family is
to become your own attorney. This is going to mean that you basically take on the task of learning overnight what some lawyers
still don’t know.. you need to become an overnight expert on family courts and civil rights. Get on the internet and
read til you are blind. Learn what the Bill of Rights is, and what it says, and how those things apply to your rights as a
parent, and the rights of your kids. Probably the most powerful tool you will have in this fight, after you have followed
this list, is the support and advice of the other parents on these email groups. They are all veterans of this war, know the
standard tripe that CPS does to people, and know how to combat it. Keep in constant touch with these people. NO one is more
of an expert than someone speaking from experience, and from hindsight. They may well be telling you things that they wish
THEY had known or done, and realize NOW could have saved them the loss of their kids. There are several on these groups who
have permanently lost their kids, and are trying to help people like YOU avoid that heartbreak. I would again caution you
that not everyone on these groups is a friend. I would wager a guess that a mole doesn’t last long, because we are all
watching for it, and aware. Many of us have tracking devices on our sites, and know who is hitting them and from where, specifically.
But if you are asking for advice, it is your responsibility to hear all the various people responding to you, and then make
your own mind up. NEVER just accept some persons advice without checking out that person with the groups, and hearing THEIR
ideas, and making your own informed decisions. And yes, that includes ME.
Go to the websites,
www.familyrightsassociation.com is the best, there are tons of links there.. and find a HATCH letter for your kids’ schools. with a “reverse
Miranda”. Print and sign copies for the schools, to be kept in your kids files, and get the school to date and sign
for the receipt of one for each child. Just have them date and sign a copy of the letter. Keep those copies in your notebooks.
They require that the school never allow anyone to interview or examine one of your children without you and a legal representative
present. They can and DO sneak to the school, with the HELP of the school, to interview and coerce your kids to say things
to use against you. This letter slows them down, and also gives you a handle on holding the school accountable later. The
threat, written in that letter, of prosecution, may stop the school from violating your rights. Be aware that it may NOT.
Educate your kids not to speak with social workers, or cops, no matter how friendly and nice they seem. You can print cards
for the kids to hand them that state the phone numbers of you, grand parents, family friends, your lawyer, etc. Also they
should include the kids rights, that they may read to the SW or cop. (See reverse Miranda) Instruct the kids to NEVER talk
to even a school counselor without you telling them in person that it is ok. Leonard Henderson suggests making up some
code word that only you and your kids know.. so that if you really intend for them to speak, you can tell them that word,
and otherwise, they don’t talk at all. I highly recommend that if your kids are old enough to handle it.
PLEASE consider home schooling your children. This is the number ONE access these child stealers have to your kids..
the public school, also known as indoctrination camps, and intake portals. The BEST defense is to get your kids out of public
schools.
Know, in your heart of hearts, that you are not alone, that this is a nasty battle, and you must have some resolve to
be aggressive and to educate yourself FAST. And that you CAN win. If you wring your hands and whine and wait for someone to
fix it FOR you, I will simply pray that you kissed your kids goodbye last time you saw them.
Know that if they have EVER done an investigation on your family, even if it was closed as unfounded, they WILL be BACK.
It would be best to move, and get your kids outta their reach. Social workers REGULARLY make anonymous calls to hotlines FOR
one another, to get cases opened up. Some of them have recently been offered a substantial bonus for opening at least six
new investigations a month. No kidding, a CASH BONUS! If you are in their computer, you are a target. This includes if you
get food stamps, Medicaid, etc. Nothing is FREE. There are some strings attached to Welfare that are beyond comprehension.
If you have no choice, make it as short as you can, and learn from these family rights sites to protect yourself from the
almost certain victimization that will be brought to you as a result.
If there is no open case against you, you have no court orders, the CPS has not notified you of an open investigation,
etc… but they have been snooping around your kids, trying to question you, etc, take your kids as far away as you can.
I have often urged parents to just pack up, grab this weeks paycheck, and run. Even if you have nothing to hide and are a
pillar of the community, you are in grave danger if they have targeted you. IF they have not yet officially opened a case
against you, the best defense is get outta there. Failing to do that could cost you years of misery, and you might never see
your kids again. That sounds melodramatic, but it is the God’s Honest Truth.
IF they already have opened a case, and even if they already have taken your kids, you still must follow this list of
things to do, and you must learn fast to defend yourself.
Possibly the most important thing you can take away from reading this list.. :
THE BEST DEFENSE IS AN AGGRESSIVE,
AFFIRMATIVE, AND RELENTLESS OFFENSE
