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The good caseworkers don't last long. They're driven out by the nature of the work. What's mostly left are those who were abused themselves as children, or those who enjoy the power. -- Corvallis, Oregon family attorney
Freedom and the Court
When They Come After You
17 Helpful Tips on how to protect your family
When the Child Protective Service comes to your door, take it seriously.
Never think that it can't happen to you because you're a good parent.
It can, and has happened to millions of good parents.
Good parents lose their children to CPS and foster care everyday. It
can take months, even years to get your children back home.
Being a good parent is an aberration to a DHS, CPS, and DCFS agent. They are
taught that all parents are "potential" child abusers and that if
any of the symptoms are present, it's better to "err on the side of
caution" and remove the children from the home (as a precautionary measure,
of course). They are also taught to do anything, say anything, lie, con, and
swindle to get into the home to question the children and interrogate the parents.
Follow these tips to help tip the scales of justice in your favor...
Be polite, even if you're incensed: Their insufferable,
insidious, condescending attitude will make you angry. It is designed to
do so to allow them to write in their report: "Subject exhibits latent
violence and is uncooperative." Strike one. That is part of the scam.
Don't allow them into your home without a proper warrant:
They will lie, intimidate, and attempt to con their way into your home, but
don't allow it. Unless they have a properly issued warrant, signed by a judge,
based on sworn testimony by a named person, they have no right to enter your
home -- unless they can pony up a possible immediate danger to the child. Be
polite while refusing entry. There's nothing a DHS/CPS/DCFS worker likes more
than for you to show anger and, especially, curse them.
They are usually accompanied by policemen, some of whom will push their way in.
If this happens, you may sue each person involved personally, (police officers
and all authority figures are personally liable for damages when they exceed
their lawful authority and exceeding their authority is not protected by the
Good Samaritan laws) not for charging you, but for forcing his or her way in.
Don't get beat up trying to stop them in this case. Sue them later. You will
probably need the money to mount a defense.
Remember, case law has held that if you invite
them into your home,
you give up your right to be safe from search and seizure.
Don't let them in! Make them force it.
Never strike or touch a police officer but verbally inform them that they do
not have permission to enter your residence.
Never sign anything: They will attempt to get you to sign
papers, "just to get this sorted out, don't-cha know," but don't fall
into their trap. The only reason for you to have to sign anything is for you to
sign away your rights. Politely refuse to sign anything until your attorney has
reviewed the documents and can properly advise you to do so. And suspect your
attorney's advice if DHS, CPS, or DCFS recommended him.
Freedom at any Cost
Don't answer any questions without (your) lawyer being
present: DHS, CPS, and DCFS workers will take this as an indication of guilt,
but that's OK. They twist everything you do or say into an indication of guilt
in their minds. But if you allow them to ask you questions without a lawyer
present, you've givenup your right to remain silent.
Do allow them to see the children through the window to
assure them they're OK: To reduce the possibility that they'll testify that
you kept them from seeing the children because they were abused, bring the
children to a front window and let them see them. [Important Update]
Do take the children to your own doctor as soon as possible:
The next thing to do is take the children to your own doctor and have them
examined to show that no abuse, sexual or otherwise, has occurred. Then have
the doctor write a report on his findings and give a copy of it to the DHS,
CPS or DCFS worker. If they have decided to charge you anyway, they will reject
it and insist on their own examination, which, once they have taken the children
they may do, and you can't stop it. But your original doctor's examination can
be an effective counterpoint if their doctor says abuse has occurred, which they
often do. They know who pays them for the right finding. [Important Update]
Don't believe anything they tell you: DHS, CPS, and DCFS
workers are trained in all the best ways to con and scam you into doing what
they want you to do. They're experts at it. Their training spends a lot more
time on this than it does on what actually constitutes child abuse. They're
subjected to months, even years of conditioning and brainwashing themselves,
disguised as training. Many are not even aware they're running a con on you.
They think what they do is necessary to get child abusers off the street. Many
are good people who really do care about the welfare of the children. It is
the people in charge who have the ulterior motive to take complete control
over your children for their nefarious purposes. But the result is the same.
Don't allow unsupervised interviews with the children:
Unsupervised interviews with your children are little more than conditioning
sessions where DHS, CPS or DCFS workers and their captive counselors use
questioning methods that would not be allowed to be used against a murderer,
much less against a frightened and impressionable child.
Your children just aren't prepared to withstand such leading questioning,
which is designed to get something on you. They con them into believing that
you're already in big trouble, and you can be saved if the children will just
say you did something so they can go home.
After children have been taken, there's nothing you can do to stop these
unsupervised interviews that will take place over a period of months, even
years, until your children may finally break down and tell them what they
want to hear, just to make it stop. But if you stop them from doing it in
the beginning, there is a chance that charges will never be filed and they
will not be taken from you.
Don't allow them to physically examine the child without
your presence, or your lawyer's presence: Never allow them uncontrolled access
to your children as long as they are in your custody. If a court orders a
physical examination (while you still have custody), insist on either being
present yourself, or have your attorney present to protect your, and your
children's interests In addition, you should try to videotape all sessions
or get a court order forcing them to do so, with copies to be available to
Don't allow them to come to your home later for an interview:
Allowing them to enter later also forfeits your right to be safe from search and
seizure. And you can be sure that a sharp-eyed DHS, CPS, or DCFS worker will be
able to find something they can twist to incriminate you. If interviews are
required, insist that they be at the DHS, CPS, or DCFS office, or better still,
at your attorney's office (that way they can't just take them while you're there).
record all conversations with DHS, CPS, or DCFS workers
and others involved: To keep an accurate record of events, plus to have proof
of any threats made by DHS, CPS, or DCFS workers or counselors, always tape
record all conversations with them, either in person or by phone (there's an
inexpensive attachment for your phone available at any electronics store, or
Some states restrict your right to tape conversations, so check your state laws.
In states that allow secret taping if one of the parties to the tape knows, you
can either let them know they're being taped, or not, at your wish. But in states
where notification is required, you should place the tape recorder in full view
in personal interviews, and make it a point to advise them they're being taped
at the beginning of every phone call. In this day and age, where there's almost
a videotape camera in every home, videotapes of proceedings can also help. Make
a record. Then they can't deny their violation of your rights (Personally, I
would make sure they knew they were being taped, even if the law doesn't require it).
Keep a journal: The same applies to keeping a journal. If
you keep a detailed chronological (day-to-day) journal of events, showing
dates, times, quotes, reference to audiotapes and videotapes, etc., they
won't be able to get away with lying when they say they notified you of a
hearing when they didn't. The very existence of such a journal (and you
should definitely let them know you're keeping it) will tend to keep them
somewhat more honest, or at least make it more difficult for them to scam
Never accept a plea bargain if you're innocent: One of their
basic patterns is to pile charge upon charge, knowing they can't make most of
them stick, including the ones they hope will stick, so they can tell you all
about all the long years your children will spend in foster care if you don't
accept the plea bargain they're offering you.
One of their best-used lines is that "if you just confess you will get
your children back sooner." It's a tired old con, people. If they had
any kind of a strong case, you'd never see them until it was court time.
I don't care how good their plea bargain sounds, if you're innocent, don't
fall for it. That's how they get most of the convictions they do get of
innocent people. They make it look as bad as possible, then get you to plead
guilty, which involves an admission of guilt. or plead no contest, which
allows them to still treat you as guilty.
Hire a private investigator if you can afford it: I know
that most of the people they go after are the poor. They're easier targets.
But one of the factors they forget as they move up the ladder and start
charging more and more middle-class people is that these people aren't
nearly as likely to buy their con.
They are much more resistant to being intimidated because they aren't
government wards. And they have more money for such things as lawyers
and private investigators. If you do, by all means hire one to investigate
everybody involved, especially the worker, the counselors (especially the
counselors), the guardian ad litem, the foster parents who have your child,
etc. You'll be surprised how much evidence of naked bias you'll find in
such an investigation. It's legal, and it's your right. If you find
something, by all means use it.
Don't willingly surrender the children: Don't ever
willingly surrender the children. To do so gives them the whip hand.
Anything you can do to keep the children out of their hands stops them
from being able to hold them for ransom (your hopping thru hoops).
Don't do anything that puts you under the control of
DHS, CPS, or DCFS: Don't willingly move out of the home on DHS, CPS, or
DCFS demand, or do anything that puts the family under DHS, CPS, or DCFS
control (see don't sign anything, above). When they get control, they go
Fight them, tooth and nail: Don't ever give up. One
of my favorite pictures is of a heron that is trying to swallow a frog
headfirst while the frog has his "hands" firmly around the
heron's throat. That, for me, is the picture I want to convey to you.
Don't ever give up your quest to keep, or regain your children from
these vicious and evil people who have a demonstrated anti-family bias.
True, many DHS, CPS, or DCFS workers are honestly trying to do the best
they can for the children, and there is still a lot of child abuse for
them to work on. But their incessant pursuit of demonstrably innocent
families takes money and manpower away from their ability to pursue other
And remember that it is safer to take a nonviolent persons children that
a violent persons children (as they may get hurt with at violent persons
Editors Note: Obviously, this list has been added to -- or someone can't
count. At any rate, please share this list with friends and family members. It
is crucial that parents everywhere know and understand their rights.
Submitted by William Tower,
Updated April 28, 2012 - Originally appeared on
reposted with permission.