Wednesday, April 26, 2017

The Nevers and Always when dealing with CYS

The NEVERS of talking to CPS for Parents ...
1) NEVER admit to ever doing any drugs even as a kid or in college, including marijuana.
2) NEVER admit to growing up in any type of abuse including emotional.
3) NEVER admit to any type of abuse with your spouse/partner or past relationships including emotional
4) NEVER let them in your house if they don't have a warrant or court order
5) NEVER sign any paperwork
6) NEVER let them speak to your children without a lawyer present and a recording device
7) NEVER speak to them without a recording device or alone.  Always have a witness.
8) NEVER answer leading questions
9) NEVER admit to mental health or other disabilities
10) NEVER do a psych evaluation with DCS/State doctors
11) NEVER think they are your friend.
12) Never use a court appointed atty.
13) Never allow CASA to get involved in your case
14) Never go alone to meetings, visits, court
15) 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.
16) Be polite but assertive when dealing with CYS employees.  Educate yourself, know your rights and do not back down to their intimidations.
17) 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.
18) 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. 

The ALWAYS for parents dealing with CPS:
1) ALWAYS do independent drug tests on the SAME day they give you a drug test.
2) ALWAYS do an independent psych evaluation
3) ALWAYS have all paperwork and communication delivered to CPS via a professional so a paper trail exists of your communication
4) ALWAYS require tracking and read receipts on electronic communication
5) Always use email whenever possible for the paper trail.  CC the supervisor.  Phone calls can lead to lies.
6) Have your children examined by the family Doctor to prove there were no abuse marks, sickness or health problems.  If there is a medical issue make sure they document it.
7) Always start a Timeline journal.  After each visit write what occurred and email caseworker a copy.
8)Notify relatives and friends who would be willing to take kinship or guarianship
 9) 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.
10) Let their phone calls go to voicemail so you can be prepared and calm when returning the call.
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.
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.

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