(This is for informational purposes only and not to be considered legal advice-Always take these matters seriously AND CONSULT A COMPETENT FAMILY ATTORNEY FAMILIAR WITH CPS. You may consider getting one on retainer prior to any need for them or ASAP if encountering a situation involving the threat of CPS involvement)
KNOW YOUR RIGHTS….
RIGHT TO REMAIN SILENT
YOU ARE NOT LEGALLY OBLIGATED TO COMMUNICATE, RESPOND, EXPLAIN OR TALK TO CPS FOR ANY REASON.
It is ALWAYS easier to keep your children AWAY from the CHAINS of CPS than it is to get out of their GRIPS once they inch their way way into your lives. THEREFORE, DO NOT GIVE THEM ANYTHING TO WORK WITH. Many innocent parents willingly comply, believing they will be vindicated, only to find themselves trampled on and intruded upon. Some innocent families are EVEN separated on very little evidence or hearsay.
Be sure your children know that they have the right to say, “I don’t want to be interviewed without my parents, an attorney and a tape recorder present.”
Miste Dealing with CPS knocking https://youtu.be/i8YC-dKw4Bc
RIGHT TO AN ATTORNEY
IMPORTANT – Don’t speak to CPS. Get an attorney familiar with CPS and have all communications made through them.
ANYTHING YOU SAY, CAN AND WILL BE TWISTED AND USED AGAINST YOU. They do not follow regular court procedures and are not based on “innocent until proven guilty” notions. They operate on hearsay and potentially harmful accusations.
Don’t agree to/or sign anything without an attorney present. Rescind any prior agreements ASAP. (Check on this one)
RIGHT TO PRIVACY
Note: For CPS this isn’t ONLY about the initial report. Allegations only give them an invitation to seek more evidence on you and to BUILD A CASE AGAINST YOU. I think many people find themselves thinking it is simply about the one incident that initiated the contact.
This could include CPS attempting to gather info:
In your home
At your child’s school
Friends, neighbors, relatives (DO NOT GIVE ANY INFO)
If your child is still with you, protect them and offer no assistance to those attempting to intrude upon your family.
DO NOT ASSIST THEM, IT IS NOT YOUR JOB TO PROVE ANYTHING.
If they show up after being asked not to return without a warrant or continue contacting you after you have nicely asked them to contact your attorney, they are in violation and you MAY consider a restraining order, tort claim and harassment suit.
HOW TO HANDLE CPS
SCENARIO 1 – CPS SHOWS UP ALONE
CPS CANNOT JUST ENTER YOUR HOME OR TAKE YOUR KIDS.
CPS does NOT have the “Right” (Authority) to go into your house without a warrant and that law enforcement has to declare “imminent danger” for kids to be removed without a warrant.
KNOW YOUR RIGHTS: https://healthfreedomidaho.org/cps-knock
DON’T ANSWER THE DOOR…
DON’T BE AVAILABLE TO THEM…
IF YOU ANSWER… MAKE IT BRIEF… RECORD EVERYTHING…
“My kids are Safe and Cared for. Please contact my attorney if you have anything else you need. Now excuse me, I must get back to my kids.”
SCENARIO 2 – CPS SHOWS UP WITH POLICE (SAME AS IF THEY SHOW ALONE) BUT ADDING
“IF” YOU ARE GOING TO TALK, ONLY TALK WITH POLICE: . RECORD.. RECORD..
IMPORTANT: Ask POLICE this YES or NO question.
”Now you don’t REALLY think my child is in imminent danger, do you?”
Typical Police Response:
“no, we just want to make sure everything is alright.”
”Well thank you for your concern, I wish to retain my PRIVACY, please come back with a warrant.” CLOSE THE DOOR.
***THIS QUESTION RULES OUT IMMINENT DANGER***
“imminent danger” is a specific legal term that they need to declare in order to take your children without a warrant.
THERE MUST BE 1 of 2 REASONS IN ORDER TO ENTER YOUR HOME
Imminent Danger: Law Enforcement may declare if they believe there is immediate threat to life or harm if they dont act immediately.
A REAL warrant.
REAL vs FAKE WARRANTS
Real Warrants MUST
Be presented to you to inspect
Include specific details of what they are looking for. Places, items etc.
Be signed in ink by a judge
Be date stamped AND filed in the court (call the court clerk to verify if needed)
Have the RAISED State of (Idaho) SEAL.
AT SCHOOL/DAYCARE OR CHURCH… Mandatory Reporters
SUBMIT A PARENT AUTHORITY/CHILD RIGHTS STATEMENT anytime your child is in the care of someone else. (Linked below)
STATEMENTS SHOULD INCLUDE THE FOLLOWING….
Invoke your GOD GIVEN PARENTAL RIGHTS
Revoke delegation of rights.
Right to have an attorney present.
Right to be aware of the attempt
You may want to submit a letter to your kids schools IMMEDIATELY, stating that you revoke your parental delegation and do not consent to your children speaking to anyone, including government officials, or agency representatives without their parent or attorney present and tape recorded..
PARENT AUTHORITY/CHILD RIGHTS STATEMENT SAMPLE. THIS INCLUDES MANY AREAS. EDIT ACCORDINGLY
Save a copy of Letter
Print 4-5 copies
Notarize and deliver while recording to school officials (check your state recording consent laws) Principal, school nurse, counselor, etc.
PREVENTION (UPON ADMISSION)
Consider making a Written Consent to Treat ADDENDUM NOTICE OF PARENTAL AUTHORITY AND CHILD RIGHTS statement asking for a hospital notary to sign.
“I DO NOT AUTHORIZE MY CHILD TO BE SEEN OR TO SPEAK TO ANYONE WITHOUT PARENTS OR MY ATTORNEY PRESENT…I INVOKE MY RIGHT TO FULL INFORMED CONSENT, TO ASK QUESTIONS AND IF NEEDED SEEK A SECOND OPINION IN ALL CARE DECISIONS FOR ME AND MY CHILD.”
Record all interactions with medical staff (check state privacy recording laws) Idaho is a one party consent state meaning that in most public spaces, recordings are permitted without the consent of ALL PARTIES.
Ask physician what are the medical concerns with child patient.
Ask if these concerns can be monitored at home or followed up with you family Dr.
Ask about the risks and adverse reactions and risks of all tests, procedures and medications.
Ask if there are alternative treatments, tests or possible false positives.
You may consider presenting a copy of this to your current medical team upon admission
LEAVING AMA (To leave or Not to Leave) A THREAT HAS BEEN MADE
If there is a threat made to contact CPS,
RECORD EVERYTHING FROM HERE FORWARD IF YOU HAVE NOT ALREADY
Contact an attorney immediately
Determine if is safe for patient to leave, THIS GIVE YOU HOMECOURT ADVANTAGE
Determine if the Dr has concerns by asking the questions above
Call your family Dr
to assess the risks
set an appointment
Ask for clearance to discharge and state your plan to follow up with outpatient care
Sign the (AMA) Against Medical Advice form
Clearly state that based on the information or lack of information and answers, you do not concur the benefits of the tests, treatment or care plan outweigh the risk and you wish to follow up with your physician
get out of there as soon as possible
Follow the instructions HOW TO HANDLE CPS
“IF” you are being called, your child interviewed, or other contact is being made through an attorney or directly.
1) Keep a spiral-bound notebook on hand and use it to document every contact with child protective services or child protective services appointed “service providers”. Don’t back down on this! Prepare in advance, and stand firm against CPS agents!
After each contact, write a letter (some recommend having such a letter notarized) detailing what occurred, (IF CONTACT IS HAPPENING – request that the social worker confirm or deny the facts as you understand them within ten days of receipt of your letter.)
If no letter disputing the facts is received, then your statement of facts will be automatically confirmed. This form of documentation can later be used as evidence in your favor in juvenile court.
include, the incident, witnesses or neighbors, calls, voicemails, notes on doors
Don’t submit any of this to anyone if there isn’t a case or if you are not in contact with them. But detailing everything from the beginning with dates times people incidents will be helpful if needed.
Dedicate ONE notebook to this and ONE pen. Its authenticity is not likely to be questioned but if it is this will be the easiest way for an expert to verify it. Keeping the same pen and notebook.
Make a medical records request and gather ALL medical records of child from birth if possible.
Document anything else regarding the case and the care of your children.
Contact your local and state representatives and inform them of your situation and that you feel that you are being harassed on unfounded accusations and that you fear for your children’s well-being.
SAMPLE CASE FROM 2019
EVERY CASE IS DIFFERENT
EVENT: Mom and friend: wrapped a child in shrink wrap to a chair as a means for safe restraint.
REPORTED: School or someone reported them for wrapping child in shrink wrap and spanking with a wooden spoon:
INTERVIEWED: Worker interviewed child at school on the 11th of the month.
CPS CONTACT: Mom agreed to a home visit,
MOM SOUGHT HELP FROM ADVOCATES
MOM REVOKED PARENTAL DELEGATION FROM SCHOOL: Mom gave a simplified version of the SAMPLE LETTER to her children’s school.
MOM DID NOT FOLLOW THROUGH: Mom then changed her mind and no showed to the home visit.
MOM CALLED CPS: Mom made a voicemail to worker stating that all communications would need to go through the attorney.
CPS CALLED MOM: Worker left voicemail on the 28th (see transcribed voicemail below)
MOM RECEIVED LETTER: Case closed by 30th of the same month.
MOM RECEIVED LETTER:
Miste Dealing with CPS knocking
HAVE YOUR OR YOUR CHILDS RIGHTS BEEN VIOLATED?
File a Complaint. https://docs.google.com/document/d/1g_XdDtxqrlee9VIGLQxz10dLp26x7As0o8NJHhkxjeU/edit?usp=drivesdk&ouid=109853203992508943379
Have a case already? (In Idaho)
Contact the CPS Legislative Oversight Committee:
Share your story and ask them to have the Citizens Review Panel review all aspects of your case and report back to them.
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