PA being investigated by CPS

[cowboy07]

I've been investigated in the past and the previous two times everything was dismissed since they found nothing to back up the claims the last time in march of 2008. Today i got another call from CPS that someone "anonymously" called in and made allegations 3 weeks ago. They did have some facts true that my furnace did indeed have problem and that caused soot to be blown all over the house when it went. We have been cleaning it out of the house ourselves and just got an insurance to check to clean the duct work. The reason its 3 weeks later and im getting the call today is because they had the wrong address and were trying to go to the wrong house on our street the whole time. CPS wanted to come into our house and see my son. I refused and told them to get a search warrent only then would i allow them to come in. The CPS worker then said i had to let them in because it was part of child abuse law and asked me if i read it. I asked if she had read the consitituion and insisted she go get a search warrent. She also asked about my employment status since according to this source i was unemployed and just layed around the house when in fact i have been employeed full time for over 5 years with the same company. This ended the first call.

I got a second call an hour later with her saying if i refuse to let her in she would have to take the case in front of her supervisory board to decide if they wanted to take me to court to get an order of protection to comply with their wishes and she asked me again to let come to the house and i said no. I pointed out the fact that her source was unreliable with the wrong address and my employment status just being flat out wrong. She said that wasn't the issue and that it was a health concern because the soot "could be causing" a medical problem with my son. I pointed out he has been in school since then and the school hasn't said anything about any medical problems with him. I asked her if she had contacted the school and she said no because they wouldn't tell her anything because of issues with privacy. She asked me why i was refusing and i told her to protect my rights. She also tried saying she "has to do her assestment and that if she just comes in and sees nothing is going on she can close the case" She also tried "if you aren't doing anything wrong you should have no problem with her coming in" arguement. I have held my ground and said no but am wondering if this is the right thing to do?

[LanceBabe]

Yes, you are doing the right thing! Make them get a search warrant or don't let them in.

[LindaJM]

In order to close the case she probably has to talk to the parents and see the child. I would get an attorney and tell her she can see the child in the attorney's office.

If she can't see the child at all she will probably feel forced to take this to court.

[angelheart83]

You are on the right track from a moral standpoint.

Family rights activists advise to at least let the caseworker see the child through the unopened door. They probably won't be satisfied with that, but it is "supposed" to show that the child isn't really in imminent danger. Even though you're technically doing the right thing by not giving in to them, please be warned that they can go to court without you and hide exculpatory evidence to convince a judge to take away your kids.

I empathize with you about the furnace. This isn't a case of parental negligence. It's a case of an appliance breaking down and the parents having to deal with it. In other words, it's a case of real life. Things go wrong in houses all the time and most adults are capable of dealing with them. Poverty makes it harder, since it can take a while to raise money for repairs. You can bet your bottom dollar that if this happened in a caseworker's own home, she would understand that she could clean up the mess from a furnace without another government official "ensuring her children's safety". I empathize with you because my case involved a similar issue. There was damage in my master bathroom, which I had kept locked and was seeking out experts to prove that the damage wasn't my fault and the landlady was just trying to get out of paying for repairs. It's not like it was in the living room, it was in a room not commonly associated with children! It's just insane. Nowadays it's neglect if anything happens to break down in your home.

I'm subscribing to this thread. I hope that you'll give us an update, and that this case has a happy ending.

[Frustrated]

I have wise advice from another friend, "when it is not your fault, it is really not your fault" but the Landlord's responsibility to repair as part of the rent. How can it be your fault if the applicance defunct? it sounds abusrd that the worker would blame you for the furnance malfunction?
when I say when it's beyond your control, it's not your fault. but to have the repairs done in a timely manner, some one said 30 days to get it repaired. but if it's winter season, it must be repaired immediately so no one freezes.
I've had applicances fail on me all the time, and it's not my fault, all I can do is get it repaired or replaced or buy a new one. It's called Life. lol I guess this Worker is living in dreamland where everything is "perfect"!!! that nothing gets broken, or whatever. It's ridiculous.

[angelheart83]

Frustrated...after I posted my last response, the same thing you said popped into my mind. Often it is like these caseworkers expect everything to be perfect 100% of the time, when common sense should tell them that life just isn't like that. We're all dealt lemons occasionally. In a perfect world, homes would be hundreds of years old and have never needed a single repair. Unfortunately, that's just not how it is. Many of the people they rake through the coals are decent people just trying to get by and tackle ordinary life problems as they arise.

I'm reminded of a case I heard about from NCCPR. A grandmother was raising her grandchild, and her basement was flooded. CPS said it was a health risk and removed the child, instead of actually helping repair the home or helping them move. This child ended up dying in foster care. Then the government offered $5,000 for the funeral.

[cowboy07]

thank you all for the replies and the advice

Since they are trying to say this is a health concern i am taking my son for a checkup with our doctor and am getting a note filled out by him saying my son is healthy and there are no medical problems which i will give a copy of to CPS. Today they tried approaching my wife to get sign some "Medical release" documents, she didn't sign anything.

I contact my state senator's office today and told them the situation and the violation of my rights and the insitence that they had the right to just come in. I also pointed out the fact the 6th amendant right was being violated since they refuse to release the name or let me face my accusor. With the help of my senator's office an investigation is now going be started on CPS for my county by the director of human services for my county.

[Cheryl]

You and your wife must stand together. DO NOT give in! No entry means no entry. Do not sign anything whatsoever, or you will forfeit your right to a trial. Get an attorney to help if at all possible. He can arrange to let them see the child with you present at HIS office, and demand closure.

Now they will probably try to go to the kids school and see them, interview them, since you two have been so good about knowing your rights. Schools WILL let them see and talk to the kids! It is time to make the kids aware of "stranger danger" in this respect (not the touching way). Make sure they know to say "I won't talk to you without my Mom or Dad" and repeat is as many times as they can. Make it a game for them (with you) to make it fun to learn. Kids love to mimmick words just to annoy us parents and see where we'll get mad. Make this fun for them to have your permission to play the mimmicking game. Only you need to know the reason why you are teaching them.

[cowboy07]

Hadn't heard from CPS in about a month now then all of a sudden the caseworker showed up again today with a couple of police officers. My wife anwsered the door and the caseworker stated this was our last chance to let them in or they will take us to court. My wife refused of course and actually told them to get off our property.

I did supply a copy of a doctor's note from our family doctor to cps stating that my son is healthy and he sees no signs of abuse but i guess that isn't good enough for them. I'm moving forward tomorrow with filing for an administrative hearing on them.

[angelheart83]

Hopefully they won't win. They can't honestly claim it's an emergency and your son needs protection when he's been safely under your care for so long. Pursue all avenues you can to fight them. Rolling over and playing dead doesn't work with them, they just take advantage of that.

Good luck. I'm so tired of CPS hounding families over things that can happen to any family.

[cowboy07]

thanks for the replies forgot to mention i literally just had an offer accepted on a new house so i get to move thankfully out of this city/county but unfortanely my closing isn't until may so i get to deal with them a little longer.

[Cheryl]

If they don't have a warrant by now (since this started in January), it's becasue they CAN"T GET ONE. It's been at least a full month since they approached you. If a judge had intention of giving them a warrant, it would have been in the first 2-3 days they came to you. If they don't have one still, then they have squat, nothing, didleypoop. They had to prove then that your son was "in immenent danger" to get a warrant for immediate removal. Going after one now would not fly with a judge since it's been so long to support "immenent danger".

Hold your ground. Sign nothing. You are already winning and they know it. They should just disappear and soon after they do, you will (to your new home)....LOL

[LindaJM]

Any updates, Cowboy07? Have they continued to harass you or are they quiet again now?

[cowboy07]

Sorry i took so long to reply got real busy with work and house stuff (dont get me started on the amount of crap a mortgage company wants). I haven't heard a single word from CPS since my last post so im guessing they have just disappeared now. Going to be closing on the new house on May 13 and doing the big move on the 21st so once that happens im out of their jurisdication. Thank you all for your posts and help.