A message to social workers

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Know Your Rights: A Guide to Dealing with CPS

Child Protective Services is notorious for violating citizens' 4th Amendment rights. Unless they have a valid warrant, which they must show you before entering, do not let CPS or the police into your house. If you're unsure, it's always best to err on the side of caution and politely decline their entry. Remember, you have the right to privacy and protection from unwarranted searches and seizures. It's like having a state-of-the-art security system for your home – you need to know how to activate it.

The Knock on the Door: A Test of Your Resolve

If you don't have an open case, even if they arrive with the police, don't answer the door. You and your kids might be napping or enjoying some quality time in the pool. If they had a legitimate reason to be at your door, they would have a warrant, and you wouldn't hear a knock. The police sometimes accompany social workers to protect them from you and to add an air of intimidation. Don't fall for it. Stay calm, stay firm, and remember that you're in control. It's like having a Tesla's Autopilot system – you need to trust the technology and let it guide you.

The Art of Polite yet Firm Communication

If you must interact with CPS, be polite, courteous, and cooperative. Save your arguments for court, where they belong. You can disagree with their fabrications and point out the lies, but do so with a smile and a tone that's hard to misinterpret. Remember, your goal is to get your kids back, not to engage in a war of words. It's like having a high-stakes business negotiation – you need to stay focused, calm, and strategic.

The Secret to Success: Stay Calm, Stay Focused

Keep in mind that social workers are not your friends, but it's essential to act like you like them. Be cooperative, yet firm, and save your arguments for the courtroom. Don't let their provocations get under your skin; instead, focus on building a strong case and gathering evidence to support your claims.  You need to stay calm, focused, and in control, especially since the stakes are high. It's your family vs. their money.

The Power of Recording and Documentation

Test them out. First, have a hidden camera or voice recorder to record the interactions with your social worker. Then, when they say something out of line, threatening, or inconsistent with the details of your case, play it back for their supervisor. I believe as long as you do not use it in court  it will be fine. If you are in a state that allows it then great!  I have a link to the laws regarding recording on the link page. 

Next time, make sure the cameras are visible, and the social workers will be more likely to behave. 

The Bottom Line: Beat Them in Court

Ultimately, the best way to deal with CPS is to beat them in court. Save your denials and arguments for the courtroom, where they'll have the most significant impact. Be polite, be cooperative, and be firm, but don't let them push you around. Remember, you're fighting for your kids, and that's a battle worth winning. 

Navigating the complexities of CPS requires a deep understanding of your rights, a firm yet polite demeanor, and a strategic approach to building your case. Stay calm, stay focused, and always keep your eyes on the prize – getting your kids back and rebuilding your family. As I always say, "When something's important enough, you do it even if the odds are not in your favor."

Going to court is a traumatic event when CPS has your child. You arrive on time only to wait hours to speak to an "attorney". This person has already been appointed as your attorney and has discussed the details of your case with "opposing" counsel and the "Judge" and the status of your case is already determined. It does not matter what you say, evidence or witnesses you have, in order to get your child back you MUST jump through their hoops they call "Services" aimed at "fixing" your parental shortcomings, addictions (real or made-up), and managing your anger by participating in their "programs". The system is RIGGED.  The court, the attorneys, and the judge all know CPS lies, falsifies evidence, and commits perjury. They don't care. Their job is to manipulate you into "buying-in" to the game. The game of stealing your child and getting paid to do it then get paid to put you through hell and if you survive, you might get your child back. If not, no big loss to them, in fact, they get paid more for terminating your parental rights and adopting out your child. It is an industry and their paycheck. Their primary motive revolves around financial incentives rather than genuinely prioritizing the welfare and protection of children. They present a polished facade, but at the end of the day, funding and job security drive their actions. 

So, they hand you the Detention Report moments before entering the courtroom. Your attorney does not object to the inaccuracies, falsified evidence, perjury, or exaggerated claims. They are obligated to object to these inaccuracies if you contest them, yet the courtroom often resembles a chaotic circus, manipulating you and using your child like a matador uses a red blanket.  They are expecting you to "buy in" ** to this circus court that does not abide by the rules that govern it. The court fails families and submits falsified minute orders to obtain government funding.

The attorneys in this court ignore conflicting issues. I have personally witnessed minor's counsel help county counsel formulate questions as they question a witness on the stand. I have witnessed attorneys filling in for an opposing counsel's absence and representing both parents at the same time. So, don't expect this court to do anything fair or legal. They are counting on you not know the rules and the fact that you are visibly upset and focused on getting your child returned to you as you will do anything for that to happen.

Your best bet is to educate yourself on the court rules and procedures and speak up for yourself in court. Object to your child's detention despite your attorney's commands to be quiet. If you do not object to the lies, exaggerations, and irrelevant statements, they become facts in the record and leave no appealable issues. This is key to reversing the court's poor judgments.

Donnellyjustice Consultants can help prepare you for court, help you to assert your rights, and how to get your attorney to act on your behalf, not the county's.

In my case, we had several "Judges" throughout our case. In fact, four. Judges rotate quite often here in Riverside County anyway. CPS usually hires local Judges and they take a leave of absense from their regular bench (and get paid for it) while they are paid by CPS to rule in their favor. It is all smoke and mirrors to make it look official but really, it's an administrative hearing. They don't have judicial jurisdiction over you or your children. People buy into it so everyone assumes it is a legal process. There is nothing legal about it. We The People did not vote on the issue and the courts seem to have rented a room in their building to CPS.  Even the baliff is rented. 

There are rules and procedures these cases are supposed to follow. It all looks good on paper but these procedures and rules are just words on those papers. 

The way they qualify for funding is a phrase they call "reasonable efforts". The social workers are suposed to expend a reasonable amount of effort into allowing the children to remain at home. Know what they consider a "reasonable effort"? A mouth-swab drug test. That's all they have to do. 

Talk about the Dogbook and how they never do anything that is in it.

Explain all the hearings. 

Talk about family placement, foster care and having children remain in the home.

Talk about ways to influence their case in a positive direction.

Discuss ways to avoid problems.

Each state has their own laws, here is how to find them and use them to your advantage.