COMMON QUESTIONS

 

  1. I am under investigation. Someone called CPS on me or a member of my family. What should I do?
    1. The first thing you should do is read Cheryl Barne’s booklet found on CPSWatch@yahoogroups.com
    2. The second thing you should do is join the Citizens for Family Preservation Union for help and advocacy. Extended family can join the regular membership for help and assistance unless they are on Social Security, then they can join the Union.
    3. If things are going sideways with your family, place with a relative and do it through the court. I recommend guardianship. Don’t wait until they take the kids.
    4. Start documenting everything. All conversations should be well documented. Copy all paperwork that you give them and keep paperwork they send you in a file. You will need it later for a lawsuit.

 

  1. Do I have to open the door if they show up? Absolutely not. If they don’t  have a warrant, do not let them in. If you join the Union, you will have a card you can give them for inquiry. This includes any follow up visits they may do if you have signed their plan. NEVER open up the door if your house is a mess. The kitchen should be clean at all times if you are in the system. All potential safety hazards should be picked up and put away. Even the littlest thing can be used against you. So, if there is a knock on the door, immediately look your house over for potential problems before you open it. They will document that you took your time, but that is better than giving them ammunition.

 

  1. I am innocent of the accusations. What are my rights? Honestly, whether lies are told or the truth, either one, it will get treated the same. Try to prove the truth any way possible. You can do an affidavit (statement of your side of the story and get it notarized) and submit any documentation that verifies your story to the courts. Start getting witness lined up.

 

  1. What should I expect from my court appointed attorney. You can expect them to work for the state on the state’s behalf. Not all of them are guilty of doing this, but the vast majority are. They are overworked and trained by the state. This means that YOU need to have your stuff together. Know what you can and can’t do in your state in the court. Know what a motion and an affidavit are and don’t be afraid to speak in court. Your attorney can be sued if they are not doing their job. Make sure and keep documentation on them also.

 

  1. Who can I complain to if I want to take this further. Each state is different, but there may be a family ombudsman with limited ability to hold Child Protection accountable. You can request a review within the department then file a complaint with the Administrative Courts if your state has this court. If you think you have been discriminated against, you can file a complaint with the Federal OCR. It’s best to read the laws and know them for your state. The complaint and grievance process should be in your laws. This link comes from the State of Washington, but may have info that you can use: http://washingtonstateextendedfamilies.com/cpscomplaint.htm

 

  1. How much should I tell them. Tell them nothing. You are under legal investigation and anything you say can and will be used against you to remove and adopt out your children. Refer them to your attorney.

 

  1. Do I have to take the classes they recommend. Your state more than likely has those classes set up as “voluntary.” Know that they really aren’t and they are just covering their legal butts when they say this. They are making everyone take a psychological evaluation. You can choose not to take the evaluation and they can’t keep the children from you if you do not. Check your laws on this and ask a REAL attorney your rights. In Washington State, the law says that they cannot keep the children based on not taking the evaluation.

 

Other classes required may be a drug and alcohol evaluation, parenting classes, and domestic violence. If you are married, they may require couples counseling. The caseworker is supposed to work with you on your case plan and classes. They may try to be an authoritarian and force issues if they are on a power trip.

 

  1. My attorney is not doing their job so what are my options? You can go pro se (become your own attorney) or you can request a new attorney. Check with the court and the local bar association for protocol on this. The judge is the one who decides whether you can do this or not. Have a solid basis for requesting this in writing. File a complaint.

 

  1. I have a drug or alcohol problem. What should I do? Get into treatment as quickly as possible. If your use is late middle to late stage, you may want to go to inpatient. Understand that they put inpatient people into outpatient all the time. Insist on inpatient if you need the care. Do not go into denial on this. If you shuck and jive the system, it WILL backfire. Make treatment work for you the first time and make the necessary changes to keep your children. Know that there is a clock ticking so don’t mess around.

 

  1. They want me to get rid of my boyfriend/husband. The vast majority of women getting referred to CPS have poor taste in men and a history of problematic relationships. You may have to choose which is most important. Know that the children are forever, but that man may be here today and gone tomorrow. Choose very carefully. If you have a history of picking the bad boy or girl, go get help for yourself. They may also require him/her to go get into services as well if they hang around. Know this, a bad choice of a mate can cost you your children. Think above the belt, not below. Women lose their children all the time over men’s antics that don’t care if the children are taken or not. Be wise.

 

  1. They have taken my grandchildren (or other extended family) and are giving me the run around regarding placing the children with me. Take legal action immediately. File for guardianship, adoption or third party custody, but either way you need to let the court (not CPS)  know that you are willing to take the children permanently should the parents be terminated. You will need to do a homestudy and I suggest getting a private one done. If you can’t afford an attorney, then go pro se. Go to foster care training, (it should be free) take a parenting class and consider all their arguments. Join some local grandparent groups. You should have all of this completed within the first six months of removal. If you wait, chances are you will get denied by the court. If you have legal history or history with CPS that is unfounded, try and get it removed from you file. If you have a history of domestic violence, even as a victim, they will use that against you as well. Poor credit and job history is also a problem along with health issues and age. Any excuse to not place with relatives may get used even if ridiculous.