help cps have custody of my kid

[augustbaby1968]

I didn't let them in the came when we weren't home, took my nieces from the caregiver that was on duty, and took my 6 year old niece out of kindergarten. They did just as you said, made up things that did not exist or made "embelishments" of the facts. It is sometimes what the leave out that is more inportant than what they put in the reports.

 

[Scooterdog]

I didn't let them in the came when we weren't home, took my nieces from the caregiver that was on duty, and took my 6 year old niece out of kindergarten. They did just as you said, made up things that did not exist or made "embelishments" of the facts. It is sometimes what the leave out that is more inportant than what they put in the reports.

I wasn't really talking about you, I was just explaining that a lawyer even admitted to me that NONE of them can EVER be trusted. They are paid to "FIND THE PROBLEM". As seems to have happened in another way.

Never the less, it proves what the lawyer said to be true, and also shows it is all over America, it is not isolated to one county or even state.

Further more, I don't see any way CPS has any authority over you or your children if you have no contract with them. They are an administrative agency. If you recieve some form of benefit, then they would.

 

[augustbaby1968]

I was in the process of adopting them. My drug addicted sister lost custody and would not do what she needed to do to get them back. I have to go through CPS/DHS to adopt them. I went through the background check, and the foster care licensing and took care of them for 11 months until a disgruntled caregiver made false accusations and CPS showed up to take my nieces away. They took them but not my 16 year old son. I have been fighting CPS eversince. I am an educated woman, married, own my own modest home, do not drink smoke, or do drugs ever. It infuriates me when people think just because CPS says its true, it must be true or they would not spend their time pursueing nothing, they are wrong. Stealing children is big business this country. CPS is the leader of the pack.

 

[Michael Wechsler]

I am a good parent, and have been fighting CPS for 1 year to get my nieces back. I have appealed, and waited over a year for a decision . After I sent in my first appeal, thesocial workers made new complaints that were totaling false and tried to delay the appeal process (and succeeded ). After that was shown false, they started more allegations a weekbe ore thehearing, and after the judge in the TPR hearing told them to stop what they were doing. Each time I prove they are wrong spreading false info to the judge and DHS judge, I get more allegations that were never part of the original case or concerns. Don't tell me abuse of power doesn't EXIST!!!! It is alive and well and is practiced in CPS in all states.

My sympathies, truly. I certainly can't feel the pain you must feel although I was involved in a case of CPS overstepping its boundaries. Nobody is saying that there aren't abuses of power that occur but they are an exception to the rule, not the general manner in which things run for the most part. Every state and even county is different in their resources. People, not organizations are the problem here. In this case there is absolutely no evidence that this is the case here or that CPS acted wrongly in any way. We simply need more information. If we can be of assistance, we'd love to do so but please start a different thread or, in the future, let us know by either sending a private link to your post or include it within just one of your posts. But here we are talking about what happened to the poster - until we know more, it's impossible to speculate.

My only comment here is that for courtesy and to be polite to this poster, let's try to keep the topic of this thread on the poster's problem. Feel free to start another thread regarding an update to your situation. It's certainly one that is of concern and could even help others who find themselves in the same place.

 

[augustbaby1968]

Professor, were is the post about the guardian ad litem that you referenced above? I would like to read it. Thanks

 

[Michael Wechsler]

Professor, were is the post about the guardian ad litem that you referenced above? I would like to read it. Thanks

http://www.thelaw.com/journal/court-ordered-child-abduction-a-true-story-10164/

This case is going to be updated. After several years and abuses that even involve the GAL actually removing a child to hand it over to her own sister (not to mention other blatant improprieties), apparently she is finally getting a major taste of her own medicine. Note that the above URL will change soon when we move to our new system - which all of you will really like.

Thanks all of you for helping us refocus this thread on the top of the original poster's concern about getting back his/her child. Apparently the spouse had mental isssues and there were allegations of abuse, at least on the side of the spouse. We don't know whether CPS made a complaint of neglect or negligence of the suposedly non-abusive spouse. Thanks for everyone being willing to help if its asked.

 

[boblynnj]

CPS is mostly a fraudulent agency that destroys children and families

I've posted several times in this forum about the fraud misnamed as Child "Protective" Services. There is ample evidence and testimony by many credible sources that support this claim. Please review one of the most recent from Georgia State Senator Nancy Schaefer titled "The Corrupt Business of Child Protective Services":

http://www.senatornancyschaefer.com/articles.php?filter=6

Please read additional testimony rendered in 2004 from California Representative Joe Baca to the House Ways and Means Committee:

http://waysandmeans.house.gov/hearings.asp?formmode=view&id=2215

The above are just some small samples of the truth behind this insiduous agency.

Please visit the following websites for much more information on CPS and especially some information that might help you in your case where you might be able to defend your rights and your children's rights without an attorney. Please be aware that the family court system in America is yet another fraud that often just supports CPS no matter what they do:

"There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System." Judge Brian Lindsay, retired Supreme Court Judge, New York, NY

LIFE (Liberty Independence & Family Equality) http://www.life-vs-cps.com/
AFRA (American Family Rights Association) http://www.familyrightsassociation.com/
NCCPR (National Coalition for Child Protection Reform) http://www.nccpr.org/index.html

And please visit an even more poignant site in memory of children protected to death by CPS:

http://www.fixcas.com/parody/tomb.htm

 

[boblynnj]

Who complained to CPS?

You may want to consider suing your CPS, and the judge. Some will tell you that you can't sue a judge, thats just not true. You can, and you should.

Even though CPS should be sued on a regular basis for pervasive violations of civil rights under color of law, I don't advise suing anyone unless and until the children are back in the custody of the parents. I do strongly advise documenting everything relevant in the case in the event that there is a lawsuit in the future and for one's own current protection.

I agree that when the time comes, you can and should sue everyone that violated your civil rights, including the judge. I can pretty much guarantee that the judge will however, be summarily dismissed early in the case by any judge by reason of "absolute immunity" nonsense. Another topic I posted about in the Constitutional issues section of this forum.

 

[Scooterdog]

agree that when the time comes, you can and should sue everyone that violated your civil rights, including the judge. I can pretty much guarantee that the judge will however, be summarily dismissed early in the case by any judge by reason of "absolute immunity" nonsense. Another topic I posted about in the Constitutional issues section of this forum.

Nothing is absolute in law. Immunity is lost once the Constitutioin is violated. You want to sue a judge in Federal Court, state court is a waste of time.

You won't get money damages from a judge, but you can get injuctive relief. Even if a person doesn't win against a judge, and chances are you won't, you damn sure let them know you won't be taking any more sh!t from them.

 

[boblynnj]

Nothing is absolute in law. Immunity is lost once the Constitutioin is violated. You want to sue a judge in Federal Court, state court is a waste of time.

You won't get money damages from a judge, but you can get injuctive relief. Even if a person doesn't win against a judge, and chances are you won't, you damn sure let them know you won't be taking any more sh!t from them.

Guess what, I speak from experience. I sued a local judge in federal court for violation of civil rights under color of law (Section 1983). The judge was one of many defendants named in the lawsuit, including CPS. I sued the judge exactly for the reason you state. The local judge was summarily dismissed by the federal judge because of the bogus "absolute immunity" claim. I know I can appeal but I won't get into any other details of the case for personal reasons.

Regardless, I know from many other cases that it is extremely rare that a defendant judge in a federal civil suit does not get dismissed because of the "absolute immunity" claim. Yes it's not absolute but I wouldn't bet the farm on a succesful suit against a judge.

 

[Scooterdog]

I didn't say they wouldn't get it dismissed. I just pointed out you stand a BETTER chance of keeping it in court than if you try at the state level, where the corruption is the worst.

The judge, never the less, has a mark on his/her record, as in your case bob. If more people did what you did, then, maybe, things would change.

I have a ton of work on how to avoid dismissal. When I took the Chief of police and sheriff to court, they never tried to hide behind any kind of immunity. They did however try to "dismiss for not stating a claim which relief could be granted". Which was ridiculous, as I had stated numerous claims. They didn't get their dismissal.

I have never sued a judge, but would love to. What a rush it would be!

 

[Michael Wechsler]

Thanks for the information guys, but perhaps it would be better to voice your opinions about CPS in a separate thread. I really think that is a good idea and I'll leave it to one of you to do so if you feel that strongly. It serves the following purposes:

(1) People who want to know more about CPS can more easily find a discussion about it easily. Opinions can be presented in the appropriate place.

(2) It prevents everyone in a thread from forgetting what the point of the thread was.

(3) It doesn't make the original poster feel minimized and have to reask a question or open up a new thread to reply about what really caused CPS to remove the children in the first place and provide all of us with a better understanding as to what the situation really is. Actually, this is what the thread topic is all about!

Thanks again for your help guys. Niarrea - maybe you can help us understand more of the dynamics as to the nature of your problem. 99.9% of the time it's not as simple as a sentence or two, especially with children.