Monday, December 28, 2009

Tip: How to Prepare if you are Falsely Reported for Abuse or Neglect

My friend was reported to CPS by her friend who was angry at her so I put this together to help others out there who have been wrongly reported to Child Protective Services out of spite.

CPS stands for Child Protective Services for those who don't know! This is a government agency designed to help protect children in abusive homes. Their job is to investigate reports of abuse and neglect of children. This is a great agency because unfortunately there are many children in the US living in situations like these. CPS stands up for abused children's rights. This agency is important because every child deserves to grow up in a loving environment!

What can we do if we have been falsely reported to CPS for child abuse or child neglect? Believe it or not, this is a reality that occurs more and more everyday. People will get mad at people and instead of dealing the situation like adults they abuse the system as a means of getting revenge. Some people have different opinions on how children should be raised and make reports to CPS. When CPS comes knocking at your door. as a result. Sometimes people misconstrue situations and call because they are honestly concerned for the children involved. We also can't forget some cases are the result of a bitter custody battle between two parents during a divorce. Whatever your case maybe it is important that you are prepared when CPS comes knocking at your door.

If you have been falsely reported on then it is important to understand what job CPS plays in investigating you. It is important to know who your friends are and who your enemies are. These are the facts! CPS is not your friend! You need to remember this. CPS has one job! They are at your home to build a case against you! They are there to find enough evidence to prove you are an imminent danger to your child. Their job is to take children away from families. This is how they earn their living! Do not trust these people! They will say all the right things to earn your trust. They will pretend to be on your side. They lie! They are not on your side! Do not fall for their words of sympathy or understanding.

CPS has destroyed hundreds of families over the last thirty years. Rather then helping families, CPS has used unconstitutional laws to remove children from their families and adopt them out to people who profit financially from large monthly adoption subsidy payments. Granted, this may be great if CPS is removing a child who is being harmed or a child who is in imminent danger, but removing a child from a loving home has lasting devastating effects families and children involved. This is why parents need to have a plan to help them fight CPS so they can keep their family together.

Below are some helpful ways to help ensure your family is protected when false allegations have been made against you regarding child abuse are child neglect!

I recommend getting an attorney. If you can't afford an attorney, look up Legal Aid in your local area. Most places have one. This is for people who can't afford an attorney. If this is not possible then do your own research on laws and regulations of CPSparent when you are being investigated by CPS. in your state. An attorney would be able to give you the best advice but I know sometimes families can't afford to hire one. Even if this is the case, it is important you know your rights as a parent. 

Look up the recording laws in you state and if your state permits it, record all interviews you have with the CPS. Make sure you have a print out of these laws handy in case CPS tells you, you can't record the interview. Some states will let you record conversations you are a part of but there are some states you have to have the consent of all parties. That is why it is important you know the laws before you do this. If your state allows you to record then do so and keep all your recordings in a folder.

Keep a spiral notebook handy. When CPS shows up at your door or schedules a meeting make sure you have it. Write everything down as you do the interview or meeting. It is important to have documentation of your encounters with CPS. Make sure they are dated and have accurate information documented in the notebook.

confirming or denying your notarized letter then consider the letter automatically confirmed. Send this letter in registered mail. Keep all copies and documentation regarding your letter and how you sent it!Write letters of your encounters with CPS as you understood them after your interviews or meetings. Have these letters notarized. Request that the CPS agent confirm or deny the facts within ten days of receiving the letter. If no letter is received from CPS.

Remember keeping as much documentation as you can on the situation will help you if CPS takes you to court. They will have their own documentation. This is why you must go out of your way to make sure you have your own documentation as well. Having the interviews and meetings well documented will go in your favor in the court room. It is better to have this than nothing at all.

Don't let CPS inside your home. They can't come in legally unless they have a law enforcement officer with a search warrant. This is something they most likely would not be able to get without rock solid evidence against you. You are under no obligation to let them inside you house under the United Stated Constitution in Amendment Four! You have the right to privacy and the only way CPS can come in is either with your permission or with a law enforcement officer that has a search warrant. CPS might make threats against you like they are going to take your kids! Don't fall for this! The only way they can take your child is if your child is in imminent danger and if this was the case they would have already done so.

CPS lies! Know the laws and know your rights! CPS is at your home to gather evidence against you. Do not make this easy for them. Don't talk a lot because CPS will twist your words to use against you in their case. If you cooperate by letting CPS in your home they will find something to complain about you to build their case. That is their job. It is what they do. Don't think since you have nothing to hide it will be OK. They will take something small and blow it up out of proportion just to build a case.

CPS funding is tied into service providers. CPS might tell you that you can keep your children if you attend certain services they claim will help you and your family. This means that they don't have enough evidence against you to take your child. They want you to attend these services so they can gather more evidence against you using these services. Don't agree to go to them unless you are ordered by a judge to do so. This includes drug testing. If you are on any medications that might cause you to pop on a drug test this is a bad idea. CPS will use this to take your children away.

CPS can't take your kids unless they are in imminent danger. Always remember this! This is one of the biggest lies CPS will use to trick you. CPS will lie and try to coerce you into agreeing to certain things. They might also try to get you to plead guilty by saying it is the only way to keep your kids.

CPS are liars and they will say anything to make their case. Know your rights! Whatever you do, do not trust what they say!

Always do what you are told to in court. Court is the only place you can believe what you are being told because it is by a judge. If the judge tells you to complete services then complete services. Always cooperate with the judge. This is the only person to cooperate with on this matter. Only do what the judge tells you to! Don't let CPS add services not court ordered or try to get you to make decisions not court ordered! CPS has also been known to delay services that are court ordered so parents will lose their children. Don't let this happen. Harass them continually about doing the services and document how they are repeatedly delaying or denying them to you. Even place a formal complaint if possible and document that.

Say as little as possible to CPS. Don't ever admit to anything. Make them go out and find their own proof. This will just make it hard for them to build their case against you. They will take small meaningless things you say and twist them around to use against you. These are things you might not think was even possible for them to use as evidence against you. That is why you should never try to prove yourself to CPS. Don't admit to any problems with the law, don't admit to being in marriage counseling, don't admit to having to do the dishes, don't admit to being abused as a child, and don't even admit to having a beer every once in a while with dinner. These are things that CPS will twist in someway to use against you. Whatever you do don't mention if you were ever investigated in the past by CPS or if you had to have your child stay with someone else for a while any reason. They will use this against you! Don't give them referrals on your behalf either. Your friends might accidentally say something they think might help you that CPS will twist against you. If CPS asks for referrals for people who can be character witnesses for you, tell them you don't have any. Never tell them anything and don't admit anything. Remember most their evidence will come from you so don't give it to them.
Always say no to interviews with your child. Just like CPS will twist and exaggerate things you say, they will also do the same thing things your child tells them. Tell CPS your child has the right to an attorney present and you want the interview tape recorded if it is court mandatory for CPS to interview your child. Also be sure to inform the school at no time is anyone allowed to interview your child without your permission. Also sit down and talk with your child and explain to them they are not to talk to CPS or anyone without your permission. CPS will try to coerce your child and the school to allow the child to be interviewed. This is why you need to explain to your child their rights and what these agencies can and can't do legally. Make sure your child understands what CPS is and the consequences that can happen from CPS interviews. When people think of CPS they think of people who help abused children and yes they do help abused children. When you have been falsely accused of abusing or neglecting your child it is important that you know how to fight CPS and the allegations against you. People think well if I cooperate with CPS everything will be OK because I am innocent right! Wrong! CPS doesn't work this way! This means you must collect evidence yourself by documenting everything. This means you must know your rights! This means you have to educate yourself on the laws regarding CPS and your family. Most the time when CPS comes knocking on peoples doors people are not prepared for it and end up in court fighting for their children. CPS depends on people being this naive! When you know your rights and laws CPS has a harder time building their case. Sometimes CPS will even just move on and close the case. This is why all parents should learn about what they can do in case CPS ever shows up at their homes. These tips I have listed above are just some things you can do as a parent to help protect your families rights against false allegations to CPS. Always remember that CPS is not your friend!


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