DO remain calm
and don't alarm your child.
DO NOT let CPS
case workers or police inside your house unless they have a
warrant. If they insist on seeing your child call the child
to the door.
NOTE by falseallegations.com
Barb disagrees. DO NOT call the child to the
door. There is NO reason to put your child into an intimidating
situation. You will be anxious enough. There is NO sense in
making your child anxious, too!
DO NOT open the door.
DO
tell them you will not talk to them without your attorney present, even
if you don't have an attorney.
DO NOT GIVE
CPS
caseworkers or the police any information in defense of yourself.
CPS will take anything you say and twist it to use against you.
BE firm but polite and courteous at all times.
DO tape record
all conversations with CPS officials or representatives of agencies
assigned by CPS to "help" you when possible. (It is legal to tape
conversations you, personally, are having in New York State.)
If
you do not have a tape recorder call a trusted friend to come over and
be a witness to any intrusion between you and the caseworker or CPS
representative. If possible, have one or more trusted friends
present whenever you or your children speak with CPS officials or
police.
DO document all
interviews, phone calls, events or altercations as thoroughly as
possible. (Write things down as soon as possible after an
interview or telephone call. You have a legal right [in New York
State] to record telephone calls. Do so if possible.)
DO keep a daily
record of any events concerning this situation.
DO locate and
preserve any evidence corroborating your innocence.
DO
NOT rely on others to do this.
DO
educate
yourself on CPS rules and regulations. They violate their own
rules and your constitutional rights regularly. DO educate
yourself by reading all information available to you from VOCAL and any
other sources.
DO NOT trust
any CPS official, no matter how friendly they act. They are not your friends!!!! You may
with to inform your child's school by certified letter or in person
that you do not wish Social Services, CPS or anyone else having any
contact with your child without your consent and that you will hold the
school liable if they do allow such contact.
The
goal of CPS is not to
determine the truth, but to render a determination of guilt and
possibly remove your child from your home, thereby justifying its own
existence.
Every
time CPS makes contact
with you, your child, your child's school, your lawyer or anyone else
connected to you, whether in person or by telephone, they make
notes. These notes are known as discovery notes or progress
notes. These notes, as well as any other information, including
photographs and audio and video tapes of you and/or your child,
comprise your case file or case history. These notes are often
inaccurate or just plain lies. You are entitled to have access to
these records, according to New York State law, Social Services law and
The Family Court Act. In most cases they are difficult to obtain
- so be persistent!
DO request a
copy of all information gathered by the Department of Social Services
for the duration of the initial 60-day investigation and until the case
is closed. This request must be in writing. Send it
certified mail, return receipt requested. Send your request
to your county Commissioner of Social Services.
DO NOT delay in
filing this request. CPS will procrastinate and use every tactic
they can to delay or prevent the release of these records.
Remember, you do have a right to access these records. DO NOT
take "no" for an answer.
DO present a
clean and neat appearance. Appearances are important. CPS
caseworkers are trained to interpret unkempt appearance in a negative
manner.
DO NOT allow
CPS officials to provoke you. An angry response will be used
against you. Keep your composure at all times.
DO
demand an
ethical, unbiased and competent investigation. You will have to
gather evidence of your innocence. They will only pursue evidence
of guilt in most cases.
DO stress your
concern for your child's well-being.
DO NOT let
the system diminish or destroy your parent/child relationship.
DO find a
competent attorney.
DO find a criminal attorney
who has experience in child abused cases and is familiar with Family
Court law and psychological counseling. An attorney who
specializes in criminal law is generally more aggressive and less
likely to be intimidated by the county attorney. Information
sheets are available to assist you in choosing an attorney.
DO NOT let the
legal system persuade you to plea bargain or admit to guilt. An
admission of guilt to a false accusation is always the beginning of a
long nightmare, not the end. This is especially true in light of
the proliferation.
DO insist on
psychiatric evaluation of the accusing person.
DO
attempt to investigate the motives or credentials of the accuser.
DO request that
all requirements of the Social services department be in writing.
DO
file a
written notice with all medical professionals that you or any member of
our family have seen restricting them from discussing your medical
history with anyone unless authorized by you in writing.
DO have your
child examined and/or evaluated by your own doctor or mental health
professional.
DO obtain your
own counselor if counseling is offered or required.
DO
NOT use the services of any counseling service
recommended by
the county.
DO NOT allow
any counseling sessions to occur inside your home.
DO limit the
number of in-home visits by the caseworker. Volunteer to meet
them at their office. They are only looking for information to
use against you. Have a third party present at all meetings
to act as a witness and/or record all meetings.
Be
aware that CPS can and may
take your child out of class, interrogate them, strip search them,
photograph them, remove them from school, x-ray tem, medicate them,
place them in foster care or other state-run institutions, all without
your knowledge, notification or consent.
DO remember that you are not
alone. There are 3 million child abuse reports made each year in
the United States, and over 70% are false. As a result, many
innocent adults have been deprived of their children, have had their
civil rights violated or are facing prison terms for crimes they did
not commit. In addition, innocent children are being subjected to
abuse by the very system designated to protect them.
DO become active in VOCAL of
Family Rights Organizations today so that you can help stop innocent
families from being destroyed by a CHILD PROTECTION SYSTEM
GONE ASTRAY. DO join us in our attempt to change the
laws that are harming our children and families.
NOTE:
The above information is for educational purposes only. It is not
legal advice. If you have any questions or concerns about any
information you receive from VOCAL ask your attorney. This
information is intended to provide you with the knowledge necessary to
make intelligent decisions when dealing with CPS. You must
examine your situation ad determine for yourself if this information
will help your case.
"CPS"
is an abbreviation for "Child Protective Services," a unit of the
county Department of Social Services. The title may vary in form
from state to state.
Revised January 1998
Last
edited on Wednesday, December 22, 1999 03:26 PM
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