Although caseworkers are required to make "reasonable efforts" to keep a family together, a 1989 study found that in 44% of cases no effort had been made to keep the child in the home.

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...

1. 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.

2. 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.

3. 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

4. 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.

5. 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]

6. 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]

7. 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. They lie.

8. 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.

9. 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 you.

10. 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).

11. Tape record (or preferably video record with audio) 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).

    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).

12. 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 you.

13. 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.

14. 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.

15. 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).

16. 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 wild.

17. 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 families.

    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 house)

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.

Related Articles

• Courtroom Demeanor
• Intervention
• CPS Comes Calling
• Catch More Flies
• Can We Tape?

Submitted by William Tower,
AFRA President

Updated April 28, 2012 - Originally appeared on AFRA, reposted with permission.

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