PINNED POST - PLEASE READ!
It has all of the most important information for those of you that are currently fighting CPS to get your children home and your families reunified --
I was asked to share this again - Malinda Sherwyn said "Post it again please Linda...it is vital to parents trying to protect their kids in a juvenile court context... I presented a parent's report full of documented facts with exhibits...that included a time line of events and objections and corrections to reports written by arrogant..people empowered to destroy the lives of children.....I won a major battle in the war... could not have done it without your template!...Got it all on the record and the B..S'ers with their ridiculous reports couldn't do a thing about it..."
"I went into court and the Judge referred to a report from an official who wanted to make my son a ward of the court once again! The judge also said I have a "parent's report that I have read...she looked perplexed and surprised that I would do such a thing..... you could hear a collective gasp in the court room... "
"The official's report was the usual...full of allegations, no history, logic or real facts to back it up. Every statement I made was backed by documentation and verified emails, correspondence, photos, what ever it took to prove my points...and it worked. Now two Judges have given me custody of my son... Thank you LINDA!"
From me :)
This is the strategy that turned our case around as well. To take it one step further, I had requested and received all of the social workers' files which allowed me to use those same files as evidence to support my statements, attached as evidence to the docs I filed. These notes contradicted the statements made in the social workers' reports to the court.
This is the letter I wrote to request ALL my records. Feel free to use it.
https://www.facebook.com/groups/1498629917076102/1579849035620856/
We were able to file these after we fired our attorney and proceeded Pro Se. If you do have an attorney, your attorney can also file this for you with their cover attached.
No one can have a fair hearing without both sides being heard, there can't be an informed ruling with no facts, no evidence, fabricated evidence or half truths.
You can object to the fabricated and misleading information provided by the social worker in her comments and her reports. You could do this by responding to their filed reports with an "Objection & Corrections to the Social Workers Report"
http://fightcps.com/2011/05/09/sample-statement-of-objections-and-corrections-to-the-report-of-the-social-worker/
Or, by filing a Parent Report
http://www.ncids.org/Defender%20Training/2007%20Parent%20Attorney%20Conference/ParentCourtReports.pdf
To either of these, you can attach your evidence of completed services as exhibits to support your facts, to make the court aware of your side of the story, and to have these facts on the record if you need to file an appeal.
These need to be filed at the courthouse with the clerk of courts at least 5 business days before your hearing and with "Service" to all parties.
If your attorney refuses to file reports, present evidence, or call witnesses, the parent must motion for a new hearing / trial and claim ineffective assistance of counsel (a Marsden Hearing). The parent will need to add all statements and affidavits and if the court shuts the parent down, they will need to file them again with the Court as an "Offer of Proof" - when their appeal is filed, they needs to raise the defense of ineffective assistance of counsel and ask the court of appeals to consider that failure to allow the evidence submitted in the offer of proof is a fatal evidentiary error in the case.
Offer of Proof : http://apps.americanbar.org/litigation/committees/trialpractice/articles/summer2016-0816-a-guide-to-the-offer-of-proof.html
If your attorney is not doing their job and zealously defending you including meeting with you to be informed and to share strategy, as well as clearly explaining to you what is happening, you can ask for a Marsden Hearing to replace the attorney.
http://www.avvo.com/legal-guides/ugc/how-to-get-rid-of-a-bad-court-appointed-lawyer
For more information about how your attorney is expected to represent you, you should explore and share these links from the ABA with your attorney:
https://www.americanbar.org/groups/child_law/project-areas/parentrepresentation.html
And of course, you can find the standards of practice for your attorney here:
http://www.americanbar.org/content/dam/aba/administrative/child_law/ParentStds.authcheckdam.pdf
Recommendations for visitation with infants and children while in foster care to share with your attorney, as you should be maintaining and strengthening the bonds
http://www.americanbar.org/content/dam/aba/publications/center_on_children_and_the_law/parentrepresentation/policy_brief2.authcheckdam.pdf
And, getting your children home is always a priority - See Going Home: Conditions for Return at: http://www.actionchildprotection.org/documents/2009/pdf/July_Going_Home_Conditions_for_Return.pdf
****Failure to get evidence admitted is fatal!
If you don't get your evidence admitted or don't get the chance to orally persuade the judge to admit the evidence (even if he denies it), you'll have nothing to appeal if you lose!
The record will not show the appellate court what the evidence would have been. There'll be nothing in the record for the appellate court to review! Appellate courts will not examine evidence that wasn't made part of the record at the trial level.
You can't introduce evidence for the first time on appeal.
What happens if a parent discovers that fraud has occurred in the case but parental rights have been terminated? Attorney Nicole Williams explains your options here:
https://www.facebook.com/groups/1498629917076102/permalink/2004452516493837/
A few other important reads:
Parents Guide to the System by Cheryl Barnes
https://www.facebook.com/groups/1498629917076102/1498643510408076/
and
Working with the Courts in Child Protection
https://www.facebook.com/groups/1498629917076102/1498641717074922/
WHEN THEY COME AFTER YOU Shared via Linda Downs
https://www.facebook.com/groups/1498629917076102/2038269816445440/
