Portland Oregon: Advice-Attorney

[Andy77]

Hi, I'm wondering if someone might know of a good lawyer in the Portland Oregon Metro area? About a month ago my 8yr old daughter went outside around 8:30 pm for some fresh air while I was in the shower. She couldn't have been out there for more than 20 minutes top as I wasn't in the shower that long. Next thing I know the cops are at my door treating me like a criminal. I told them they could not come into my house but they forced there way in anyway. We seriously had like the whole task force here all because my daughter was outside unattended? I understand it was not safe and she should not have been out there and had I been aware I would have never let her go out. I've told her many times she is NOT allowed out alone. I don't abuse nor neglect my children. After the cops forced their way in it turned into a complete nightmare. My 16yr old son refused to come out of him room and so I went and tried to get him to come out next thing I know a cop pulls a gun on me. He like to pile his dresser and what not in front of his door to keep his little sister out of him room and they thought he was trying to jump out his window. He finally comes out and several officers wrestle him to the ground and put him in handcuffs all while my daughter is crying and screaming mommy bubba. Not to mention my son has some mental health issues that he is under treatment for. Out of fear of losing my daughter over this whole scenario I sent her on a plane down to my mothers. I may have been hasty in my decision to do so but I'm very paranoid of CPS. I was a part of the court system for a very long time being removed from my family and I know the things CPS pulls. Well, CPS is aware that my daughter is living in California with my mother and is attending school there. They have even spoken with my mother. I feel so bad that my daughter ran outside and that I have now sent her away. I feel like I failed her. I should have had top locks installed or a double deadbolt something anything. My daughter has now been living in California for a month and a half and I have not met with CPS yet. They have come out to my apartment several times banging on my door and harassing my neighbors when I was not here. I've called them and let them know times that I would be here and asked them to leave a card if they came by and I was not home. They never left a card except for once when they very first came out here. They never showed up on any of the dates nor the times I said I would be available and I didn't hear back from here. Still they came unannounced when I was not here beating on my doors and harassing my neighbors. This morning my onsite manager told me two hours not 24hrs but two hours ahead of time that he was going to be letting CPS into my apartment. I said not unless they had a warrant or a court order. Sure enough one CPS lady the onsite management and a few guys who were friends of the onsite manager along with the maintenance let themselves in while I was napping. I'm sick right now as is my son. My son still piles his dresser and junk in front of his door don't ask me why since his sister isn't here and I don't bother to come in. He isn't doing drugs or anything of the sort in there it's just the way he is. They broke his door trying to force their way in. I confronted the CPS worker and said you do not have a court order nor a warrant you need to live and I'm contacting a lawyer immediately about this. It was apparent that she knew she did not have the right to be there but now I am worried because my sons room was not the cleanest and I wasn't very happy about about the situation so I'm not sure I did a good job of keeping composure. I did call the CPS supervisor but I go a voicemail and I left a message and I contacted the supervisors supervisor and also left a message. Then I contacted the owner of the apartments and let him know what happened and he agreed to replace my door immediately which still isn't replaced and give a good talking to the onsite manager. He apologized repeatedly but that is not good enough. I told him too that I was going to be obtaining an attorney. I live in a place that I guess you would call the slums. The onsite manager uses drugs as well as the maintenance who likes to make sexual advances at all the single female tenants . They all drink to and fight/box in the middle of the streets at 3am over who's boyfriend/ girlfriend is sleeping with who or drugs you name. I keep to myself I'm quiet around here I don't use drugs I'm not apart of thier drama. It's funny CPS all buddy buddy with them seriously. I just can't believe what is going on all because my daughter run outside while I was in the shower. I know I don't live in the best place either but I'm doing the best I can because I am a single mom with pretty much zero support. I mean seriously zilch. Yes, I was able to send my daughter to my moms but that is a whole nightmare story in it's own although it is a completely safe place for my daughter. They live off SSD so have no money and my family is a mess. If anything were to ever happen for any reason my somewhat ex mother-in-law who we having nothing to do with is an extremely wealthy woman, a pastor, and a certified foster mother. So, I know my daughter is safe down there and my son is 16 and would never let them take him. My biggest concern would be the interruption to his schooling (special schooling focused on his mental health needs) that I worked very hard to get him involved in) and his regular therapy. It's bad enough my daughters schooling and needs were already interrupted. She has ADHD so I worked to get her placed on an IEP so she could get the extra help she needed now she is struggling down there in her class in California not to mention we love her and miss her very much as she does us. All this because she ran outside. I feel like stuck in a really bad dream. This whole last year has been insane! My daughter has never been apart from me except for 2 months last summer. I'm not on drugs, I rarely drink, I don't smoke, I don't abuse or neglect my kids, my daughter and I are extremely close. My son has distanced some but that is due mostly in part to being 16. When he was younger we were very close. They have everything they need and then some times 10 except maybe we could live in a better place. Now that I have written you all a book about my life story what do think and do you know a lawyer I can contact?

[Eljay]

As for the lawyer(s), there are lawyers listed off of the main page (just do a "ctrl + f" search on "or" or "oregon":
http://fightcps.com/2007/08/10/lawyers-who-take-cps-defense-cases/

As for CPS, you're going to need to let them complete an investigation. Yes, you should totally be on the defensive! They have an obligation to investigate, so find out exactly what they are investigating and let them investigate ONLY that. You conversation should go something like this:

CW: I'm here to investigate a report we received at CPS regarding your child.
You (on your front porch): What are the allegations? Please speak slowly, I'm going to write this down in case my video recording fails.
CW: We received a report that your child was left outside, alone, late at night.
You: Are there any other allegations?
CW: Your home is reported to be a mess.
You: Are there any other allegations?
CW: No.
You: What is the beginning date of your investigation and what is the investigation closing date?
CW: (gives dates)
You: As for my child, she has moved out of your jurisdiction prior to the beginning of your investigation.
You: As for the home, if you're speaking of something observed during the illegal entry into my home on (date) then you're confirming that you conducted an illegal search of my home, correct?
CW: uh, um.... we just need to see that the home is clean.
You: Was that from the police's illegal entry without a warrant or CPS's illegal entry without a warrant?
CW: uh, um.... (if they persist, then do this:)
You: Which room and/or rooms need to bee inspected in order for you to close your report?
CW: Kitchen, bathroom, living room, son's bedroom.
You: You will wait here while I go take digital pictures of the rooms. Would you like me to use your camera or will mine be sufficient? (then do it... I certainly hope you've cleaned up the home & your son's room by now)
CW: I need you to take a drug test.
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Are you employed or on public assistance?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Has your child missed any school this week?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: We need to determine whether your child is healthy. When did he last see a dentist?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: I need to see the home to see if it's clean.
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: If you don't tell me, I'll take you to court.
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.

Do this all in writing, write down your responses before you speak them (giving you time to compose yourself and think out the briefest way to respond). Make sure you write down every other date/time/incident/etc. as soon as possible while it's fresh in your mind. They will pick much easier targets if (1) you don't have any highly marketable children in the house and (2) you don't play doormat for them and let them walk all over you.

[Daruma]

Leonard Henderson, who founded the American Family Rights Association, is from Oregon. If anyone might know of a good Oregon anti-CPS attorney, he would. Occasionally he's on this forum but you could probably get hold of him more quickly at his Facebook page, https://www.facebook.com/groups/familyrights/.