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311,000 children entered the foster care system in 2005; 15% (46,954) were under the age of one; 901 youth were between the ages of 18-20.

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Child Protective Services
And The Juvenile Justice System

A guide to protect the constitutional rights of both parents and children.

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Section 1

Never Trust Anyone From CPS

You have to understand that CPS will not give you or your spouse a Miranda warning nor are they required to do so. If CPS shows up at your door and tells you they need to speak with you and your children, you have the legal right to deny them entry. However, before they leave, you should bring your children to the door but never open it, instead allow them to see that the children are not in imminent danger and that they are fine. If you do not at least show them your children, they could come back with an unlawful and unconstitutional warrant even though your children are not in imminent danger.

Everything CPS sees and hears is written down and eventually given to the AAG for your possible prosecution. If the focus of the investigation is on your spouse or significant other, you also need to know that though you are the non-offending spouse, you may think you are in the clear, wrong. If your spouse is charged with anything, you are likely to be charged with allowing the (alleged) offence to take place. So if a spouse gets the bright idea to lie or makes things up, he/she is also confessing that he allowed whatever is being alleged.

What you say will more than likely not be written down the way you said it or intended.

For example, the CPS worker questions the wife:

"Does your husband yell at the children?"

Your response could be, "Once in a while."

Then they ask, "Does he yell at you and argue with you?"

Your response could be, "Yes, we argue sometimes and he may raise his voice."

The next question is, "Does your husband drink alcohol?"

Your response could be, "Yes, he has several drinks a week."

Now let's translate those benign responses and see what the CPS worker may write in his/her report.

"When the father drinks, he yells at children and wife. The wife is a victim of domestic violence." This is a far cry from what actually took place in that conversation. Case-workers routinely take what you say out of context, actually fabricating their report, in order to successfully prosecute the case. They have an end game in mind and will misrepresent facts and circumstances surrounding the alleged incident.

Something similar happened to the authors where DCF employees lied in front of the judge, testifing that the husband was a victim of domestic violence, even though all 5 family members clearly stated that domestic violence never took place. The husband would like to know when this occurred because he wasn't there.

They will also misrepresent the condition of your home, as DCF did in our case. Even if you were sick or injured and had no opportunity to tidy up. CPS will not put anything exculpatory on the record. Anyone reading her reports will be lead to believe that the house was unkempt and cluttered. Never give CPS a chance to falsify the record or twist your words. Before allowing any CPS official into your home, if you choose to do so, inform them that you want your attorney present and schedule an interview. Better still schedule the interview to be held in their office instead of in your home.

Remember, CPS could care less about your rights or your children's constitutional rights. Removing a child from a safe home is more harmful than most alleged allegation, as stated by many judges. CPS workers will lie and say that they have to come in or that you are required to comply. Remember, CPS has no statutory authority to enter your home, when no crime has been committed. They are trained to use deceptive means, in order to gain access to your home, by any means possible. (This information was gained from DCF employee interviews.) Do not sign anything or agree to anything. Even if you are not guilty and you agree to go through some horse and pony show. This will be used against you, as if you admitted to the false allegation(s).

The case for Foster Care Reform written in stone [picture of a head-stone]

For additional copies or questions,
please e-mail us at Thomas Dutkiewicz or Aimee Dutkiewicz

Intro 1 2 3 4 5 6 7 8 9 10 11 12 Conclusion [Print]