Category: system failures

child abuser, cps, system failures, writing
How to prepare if you are falsely reported for abuse or neglect
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Because the swing of every pendulum brings with it potential adverse consequences, it is important to emphasize that in the area of child abuse, as with the investigation and prosecution of all crimes, the state is constrained by the substantive and procedural guarantees of the Constitution. The fact that the suspected crime may be heinous – whether it involves children or adults – does not provide cause for the state to ignore the rights of the accused or any other parties. Otherwise, serious injustices may result.
Syl.Pt.3,WALLIS v. SPENCER, 202 F.3d 1126(9th Cir. 2000)
I ran across a group of articles on Helium about CPS and what to do when they come knockin’…

There’s no definite answer but having been through it I have the knowledge of the system and CPS, and even with all the cases I’ve seen, I don’t know how to tell you, this is what you should do. Every case is different and you should contact an attorney for the best personalized legal advice.

Being falsely accused is one of the worst nightmares a good parent can go through. It destroys lives. It kills…. (I’ve read several suicide reports after such family tragedies); most of all, it takes a child’s innocence and childhood from them. It forever changed my world, and it won’t ever be the same. Sometimes, like in my case, the children never come home. Its devastating. I’m still not over it, nor will I ever be. They destroyed me when I lost my boy…. I was a good mom falsely accused.

I couldn’t have prepared for it, when you’re falsely accused you don’t expect to be accused,and you don’t expect to be doubted by the state.If you’ve never dealt with them before, CPS is supposed to help families and until you see for yourself the flaws, there’s no way to believe how wrongly a good parent can be treated. I have faith in the merits of my case, in the system, and in the truth. I never expected my son wouldn’t come home. I knew I hadn’t abused him. However, my faith in the system was where I went wrong. Don’t take for granted it could happen to you. It can happen to anyone, and its the worst pain/nightmare a parent can imagine…. particularly when the child is injured, killed, or never comes home. No parent can prepare for that. Its a tragedy.

# 1 tip I tell parents is to TAPE RECORD EVERYTHING – EVERY VISIT, EVERY INTERACTION with the child, the CPS social workers, the front desk lady, even.TAPE EVERY meeting, phonecall, etc., tape it all. Its value may not be realised until late in your case or even after your case is complete when you recall something that was said, or when something conflicts with something else, etc. Keep those tapes securely in a safe place, and make copies.

5715143.jpgOther best advice I have – don’t take anything for granted, and kiss your babies twice every night that you put them to bed. Once for you, and once for all the parents who can’t kiss their kids goodnight.

They may not be there tomorrow.

Thank you to Helium.com and the writers for their contributions. You can also see my articles on Helium here.

How to prepare if you are falsely reported for abuse or neglect

  • by Dan Weaver October 4, 2004. I will remember that day for the rest of my life. For me, September 11, 2001 fades in comparison bec… read more
  • by Catsy Jones I can remember the day quite clearly. I was sitting on the couch, my husband was packing our things for the move to o… read more
  • by Frances Gordon I’ve had allot of experience with child Protection Services. A great deal of experience. The Departments vary a lit… read more
  • by Shanna Coon No one expects to be falsely accused of child abuse or neglect; yet bogus cases are reported daily to Child Protectiv… read more
  • by Sabrina Schleiger First of all, let me just say that if your child has any birth marks or blotches on his or her skin, be sure to tell … read more

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child support, child welfare reform, foster care abuse, cps, domestic violence, false allegations, foster home, government, law, legal, system failure, system failures
Check out LawyersandSettlements.com – Article written about my story!

Abusive Ex-husband Makes Sure Woman Loses Son News

Its Almost Tuesday – Read Our Story on http://www.lawyersandsettlements.com

January 8, 2008. By Julia Browne RSS FeedRSS Del.icio.usDel.icio.us NewsvineSeed Newsvine FacebookFacebook

Dallas, TX: Mary’s abusive husband, Robbie, vowed to make her pay if she left him. She dared escape domestic violence, but due to additional victimization by Child Protection Services (CPS), the police, and her own mother, she lost her 8 year old son.

“After my divorce I moved with my son to a ‘safe state’, Florida. Robbie followed me there so I had to get a domestic violence protective order and he wasn’t allowed within 5 miles of us. He did try to contact me by email and phone on holidays, which I logged and reported to the local police but it wasn’t considered severe enough for an investigation.”

“For six years in Florida I was happy. I’d gotten married and was living the typical life of barbecues on Sunday and PTA. But stress from the aftermath of that previous abusive marriage and living in constant fear made things difficult and my new husband and I separated. In October 2003, with my family in Texas I figured we’d be all right there for a couple months but that was a fatal mistake.”

Abused WomanIt didn’t take long for Mary’s ex-husband to catch up with his prey.

“Just after the holiday season I reported his stalking behavior and calls to the police department of a suburb of Dallas/Fort Worth. On at least eight occasions they said, ‘oh that’s a Florida order, we’re not going to uphold that in Texas’.”

“Getting away with minor violations made Robbie bolder. He conspired with my mother to take my son away from me, even though he wasn’t his biological father. Together they made allegations against me of mental and emotional abuse, of drug use, and they even claimed I was in a baby-killing cult. When my son was born I cleaned up my life and stopped any drug use. CPS did four different tests and found nothing at all so in mid 2004 I was cleared of all charges of neglect and abuse.”

Mary and her son prepared to move back to the safety of Florida. Their nightmare was over… or so they thought.

“In May 2004 my son went to church and never came home. He was abducted. When I reported it the police, they and a CPS agent showed up at my door, not to give me news, but to get me to sign another accusation of abuse from my ex-husband and my mother. I refused. My attorney tabled a motion to have my son immediately released to me but on day the court order was signed, the police came and took me to a mental hospital for ‘observation’ based on a false affidavit.”

“The doctor couldn’t find any reason to detain me but during that 24 hours I was in that hospital Robbie, GrandMommy, the police officer and a CPS worker broke into my apartment and stole over $10,000 worth of property including all my home videos and photos of me and my kids, all my legal files and evidence, electronics, medication and even my wedding ring. Even our dog was gone.”

Mary’s son was placed in a foster home.

“Parents have to do something like take parenting classes, go to rehab or counseling to have a chance at getting their kid back. I did but they said I didn’t complete their services just because I chose to get my own counselor, not the one of their choice. They called me uncooperative if I did anything that was against my civil rights but even though one of the case workers wrote that my case wasn’t of abuse but of child custody they do retaliate, I hate to say. They ruled against me because I challenged when I knew things weren’t being looked into, like my accusation of Robbie molesting children.”

“The last time I saw my son was just before Christmas 2004. The case worker arrived without him and said, ‘we forgot to bring him’. But that wasn’t possible. He’s nine years old and he knows when it’s Tuesday. The next day, December 22nd, they brought him. He had a black eye, blood on his shirt; he’d been beaten. I never saw him again.

That’s when I started my blog almosttuesdays.com which came out of a poem I was commissioned to write for Child Abuse Awareness month. It was all the things my son had said to me during out visits that we shared that no one else knows about.”

“When I realized he wasn’t coming home I fell apart. I was in such shock. I didn’t have an attorney so I represented myself. Fortunately I’m a paralegal so I could write my own pleadings but they were just ignored. My son’s name was changed, he lives with GrandMommy and I’m not allowed to talk to him. Then Robbie was jailed in 2006 for child abuse. I’m too tired to fight. How do you find an attorney when those hired by the state to work on behalf of the kids say it’s too hard to go up against the system?”