Friday, March 28, 2014
Do's and Don'ts When Dealing with Children and Youth/Family Courts
Do not let Children and Youth Services into your home without a warrant or a court order. If CYS lies to get the judge to issue a warrant/order and you can prove it, that is a 4th and 14th Amendment rights violation which is a civil right violation under 1983 and conspiracy against rights covered under 1985. If CYS comes to your door and has no warrant/order and threatens to call police that is also illegal and unlawful and both lose immunity. This is coercion, threatening and intimidation tactics if CYS gains entry with help of police both can be sued. CYS does not have the legal right to conduct an investigation of alleged child abuse or neglect in a private home without your consent. DO NOT GIVE IT! In fact removing a child from your home or school without your consent is a "seizure" under federal law. If CYS cannot support a warrant/order or show a child is in imminent danger along with probable cause, CYS cannot enter your home. Remember, anonymous calls to CYS are NEVER probable cause under the warrant clause. Even if they have a name and number of caller they still cannot enter your home. Start a timeline journal from the first contact you have with them and any phone call meeting visit etc. After this contact write up what happened at the contact and send caseworker a copy. Demand to know why they are there, who filed a complaint, who made the phone call... Do not sign ANYTHING. Take what they want you to sign and tell them you will have an attorney review it. This also includes your children. Tell them not to sign anything. Court appointed attorneys are usually working with CYS and not for you. Not always but more than not if an atty is appointed to you he is working for them. When and if you are approached about having your children removed make an appt with your doctor and have the children go through a thorough exam so it is on record that they were healthy and wound free. Notify a relative or relatives that would be willing to take immediate kinship of the children. Don't go alone to CYS always take a friend or witness. You are allowed to have another person with you at all times. Do it!! Be polite but assertive when dealing with CYS employees. Educate yourself, know your rights and do not back down to their intimidation's. If you are treated rudely or threatened by your caseworker, report them. Chain of command is the caseworkers supervisor then the director then the county commissioners, then Dept of Welfare. Read any and all documents they give you carefully. Make changes to any and all mistakes and make sure they are corrected. Ask for a copy of the corrected paperwork and anything they have documented. Getting your records or file is your right but they will make it difficult to attain. You may have to have an atty file an order to get the file. Keep copies of everything you have and keep one set of documents off site safely. Keep a paper trail. Try and use email as much as possible for communication because you will have a record. Use an email tracker so you can see when the received and read it and if they shared it with others to read. If you must mail something do it certified signature required. Keep all records in order and secured. Do not permit conference calls unless everyone listening identifies themselves and write down who they are. Do not permit caseworkers to use cell phones during a visit with you or your children. If you are going to record a meeting/visit you must tell them that they are being recorded. You can post a warning at your front door so they are aware that you know your rights It is usually better to hire an atty that a friend or someone you trust has used or knows he will work for you. If searching online you can often read reviews about attys. their history and work ethic. Let their phone calls go to voicemail so you can be prepared and calm when returning the call. Never permit in chamber chat sessions during your court proceedings. Demand that everything occur in the open. I would also ask for any caseworker or CYS person giving testimony to agree to forgive immunity. That way if they lie they can be held accountable. Remember social workers and other government employees may be SUED for deprivation of civil rights under 42 U.S.C. 1983 if they are named in their "official and individual capacity." There is no Immunity if the caseworker took actions with malicious intent to cause deprivation of rights, or they violated established statutory or constitutional rights. A supervisor or director can be liable also if he told to, order to, set in motion of, acts by the social worker and or refused to terminate a series of acts by the social worker which they know would cause the violation of constitutional rights. Parents have the right to care for have custody of and nurture their children. It cannot be denied without violating fundamental principles of liberty and justice which are the base of all our civil and political institutions. It is a right protected by the 1st,5th, 9th and 14th amendments. CYS will often use steal children that are mentally or physically challenged, of poor families, in domestic violence or divorce situations. Children may have brain injury, autism or be obese to fall victim of government confiscation. 90% of these children did not need to be removed. They are removed to for profit and job security of those in Social services and family courts.