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Every state has their own laws regarding this. In some states you need permission of all parties, in some states you need permission of only one party (yourself).

Check out your revised statutes using key words such as 'recording' or 'record'.

I got more information on this today. "Submit and Deny" is analogous to a plea of no contest. You skip the dependency hearing, and go straight to the disposition. So, you basically give up the ability to present and contest evidence, and give up a lot of your rights to appeal. It then goes to what C...

Are you asking for tribal registration? Honestly, I don't think tribes are any better at handling child welfare cases than anyone else, but you're right that there's a different standard of proof applied. How discriminatory is that for the rest of us? :roll: I live in a tribally-dominated small tow...

Thursday? Two days ago? How did it go? You need to prepare for court dates months in advance. Collect documentation. Get witnesses who know both of you to write affidavits. Rather, you'll write and type them and they'll sign them. Get an expert witness on your side. See counselors and psychologists...

http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/ICWARequirementsJan08.pdf Yes, the burden of proof is 'clear and convincing' for ICWA cases. Are you registered with your tribe? My mom says she is registered with her tribe. I am not. We already had one ICWA hearing, and we were told the tribe had...

My in-laws are accusing us of abusing our kids. They currently have custody of them, and have since May 2nd when sheriff's deputies showed up on our doorstep with a temporary custody notice, citing "Medical Exam Needed". We've never abused them. We have the philosophy that we're partners with our ki...

I would not be surprised if they were enjoying it, but maybe not because they're heartless. I think many of these workers see themselves as hero's. And everytime they do something, it feeds their ego because they think they're saving something from a cruel and heartless world. I wouldn't be surprise...

I don't mean to scare you, but I was told by our attorneys that if we got pregnant while this was going on, CPS would be at the hospital to take the baby as soon as it was ready to leave.

I sincerely hope, for your families sake, that the same doesn't apply to you.

I'm not sure what to think about it. But given those options, I'd opt for the wife. She may be more sympathetic to families, and her husband will be more sympathetic to her than to you.

You absolutely sound like you'd need a pro-bono attorney. And finding one that is a specialist, can be very difficult. I dug through the "Need an Attorney" section here on FightCPS and a few were listed in my local area. I googled them, and actually found a couple that take CPS cases and specialize ...

I'd like to say one rat would throw another rat to the wolves to make themselves look better, but I'm not sure. They may stick together because they provide one unified front as "The State". I have a generally cynical view of the state overall. Check with your ombudsmens office too. They have statis...

whats a taint? A taint hearing is a hearing that you can have certain evidence disqualified before the actual trial. If it can be shown that the actions of the police, investigators, psychologists, or whoever is involved, biased the evidence against you, even by accident, it may be able to be disqu...

I'm in the same timeframe as you.

My lawyers are saying I should submit and deny for reasons specific to my case. I don't know if it would be applicable to yours though.

If you don't mind me asking, what evidence is there in your case? Have you checked into taint, and a pre-trial taint hearing?

So, you get them by FOIA requests? What are they keywords one should be looking for?

You've interested me, but I don't see yet how this can be done. How did you seize their journals and such? As well as discovering that the "access to information departments" in 's most CPS's are really run by the in house attorneys. And that I don't get. What does it mean? I'm still new into my CPS...

So, to give them probable cause, you take affadavits from people who have been victimized by CPS and compare them the 'official records', to show discrepancies. And then you take these to the economic crimes division?

What's your actual strategy though? How did you convince the economic crimes division to investigate the CPS office?

It sounds like a plea bargain. Practically all lawyers do this. Right now it seems like a long term strategy, not quite like a plea bargain because we're specifically denying all charges. The catch here is that if we don't submit and deny, we have to testify sooner. My wife and I are under investig...

Our lawyers are advising us that we "submit and deny" to the family court. Basically it means that we submit to the present placement of our kids, but deny any charges of abuse. Now, I know how this works in theory according to how our attorney's have explained it. But, how does it work in real life...

*hug*

I know it can really seem like the world is falling down. You have our support.

If you are not under criminal charges, and you have not been notified that the custody of the kids has been transferred to the courts, then I think it's within your legal rights to take them out of state for a little bit if you want to.

If you have a lawyer on retainer, consult them though.

I don't know where you're at, but something I found out today at my own court hearing today, (for my area at least) the family courts trump all other courts in the state minus appellate court, and the state supreme court. The magistrate may be well intentioned, but he may also be powerless to stop C...

If I understand what I've been reading, if your children qualify under ICWA, the burden of proof for the state to take them away goes up from preponderance to clear and convincing, right?

If that's true, I seriously hope they qualify. My mom was 1/2, so that makes me 1/4, and them 1/8th.

Thanks.

I've found them before, but there are two cases that have been ruled on about how a parent can direct the education and medical care even while they're in CPS custody. Can someone help me to locate the cases that dictate these? I have a court date on Wednesday (6/17) and would like to bring these up...