Looking for form

[laur75]

I know this isn't where this question goes, but I know most people come here so I figured you would read it here. I am looking for a form to fill out and give to my daugther's school saying she isn't to talk to anybody if they come in to see her. Were can I find that? I have looked almost everywhere and can't find it. What is it called?

Thanks,
Laurie

[Skippy]

I typed up my own letter and submitted to the schooling stating that NO ONE was to interview my kids without myself and/or my attorney present. The schools refused to honor the letter and said they didn't have to honor it. CPS interviewd both kids and the school was all to happy to provided them with a private room for this to happen. I guess government employees stick together.

The best thing I can tell you is to coach your kids to tell CPS if they have any questions to call mom and dad. This is about your only defense (unless you home school). My 11 year old did what I asked her but, my 8 year old answered all the ladies questions after she lied to her and told her I sent her up there for her to talk with her (remember how everyone tells you CPS lies????...this is one of them).

Good luck and let us know how it comes out.

[havehope]

Here is the link for the reverse miranda card. You could just type out a letter stating that and let them know that if they violate it they will be sued. Maybe then they won't dismiss it.

http://home.sc.rr.com/nbhsa/reversemiranda.htm

[kdddav]

While we are on the subject of forms, and it is very relavent, since TeenScreen is getting more and more popular, file this Hatch Amendment as well. Cover ALL bases, cause if they take the suicide survey and they will give it without your knowledge, that also is another avenue CPS can take your kids when a Psych Doc you never heard of calls and says your kid needs drugs and you want a second opinion.

Copy and paste it, then print in your favorite word processor.

Hatch Amendment
Your Name Here
Your Street Adress Here
Your City, State and Zip Here

Dear______________:

I am the parent of___________________ who attends__________________ school. Under U.S legislation and federal court decisions, parents have the primary responsibility for their children’s education, and pupils have certain rights, which the school may not deny.

Parents have the right to be assured their children’s beliefs and moral values are not undermined by the schools. Pupils have the right to have and to hold their values and moral standards without direct or indirect manipulations by the schools through the curricula, textbooks, audio-visual materials or supplementary assignments.

Under the Hatch Amendment, I hereby request that my child NOT be involved in any school activities or materials listed unless I have first reviewed all the relevant materials and have given my written consent for their use:

1. Psychological and psychiatric treatment that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or designed to elicit information about attitudes, habits, traits, opinions, beliefs or feelings of an individual or group;
2. Values clarifications, use of moral dilemmas, discussion of religious or moral standards, role-playing or open-ended discussions of situations involving moral issues, and survival games including life/death decision exercises;
3. Contrived incidents for self-revelation; sensitivity training, group encounter sessions, talk-ins, magic-circle techniques, self-evaluation and auto-criticism; strategies designed for self-disclosure including the keeping of a diary or a journal or a log book;
4. Sociograms, sociodrama; psychodrama; blindfold walks; isolation techniques;
5. Death education, including abortion, euthanasia, suicide, use of violence, and discussions of death and dying;
6. Curricula pertaining to drugs and alcohol;
7. Nuclear war, nuclear policy and nuclear classroom games;
8. Globalism, one-world government or anti-nationalistic curricula;
9. Discussion and testing on interpersonal relationships; discussions of attitudes toward parents and parenting;
10. Educating in human sexuality, including pre-marital sex, contraception, abortion, homosexuality, group sex and marriages, prostitution, incest, bestiality, masturbation, divorce, population control, and roles of males and females; sex behavior and attitudes of student and family;
11. Pornography and any materials containing profanity and/or sexual explicitness;
12. Guided-fantasy techniques; hypnotic techniques; imagery and suggestology;
13. Organic evolution, including Darwin’s theory;
14. Discussions of witchcraft, occultism, the supernatural, and mysticism;
15. Political and/or religious affiliations of students or family;
16. Income of family;
17. Non-academic personality tests; questionnaires or personal and family life attitudes.

The purpose of this letter is to preserve my child’s rights under the Protection of Pupil Rights Amendment (The Hatch Amendment) to the General Education Provisions Act, and under its regulations as published in the Federal Register of September 6, 1984, which became effective November 12, 1984.

These regulations provide a procedure for filing complaints first at the local level and then with the U.S Department of Education. If a voluntary remedy fails, federal funds can be withdrawn from those in violation of the law.

I respectfully ask you to send me a substantive response to this letter attaching a copy of your policy statement on procedures for parental permission requirements, to notify all my child’s teachers, and to keep a copy of this letter in my child’s permanent file.

Thank you for your cooperation.

Sincerely,




--------------
The Tech

[Skippy]

Has anyone had any success using these forms?

The day after my oldest submited the letter I gave her, the Jr. High called me and flat told me they would not honor my wishes.

MY attorney told me there wasn't much I could do about it either.

[kdddav]

Skippy,

Yes, I have. First, don't give it to your kid to give them. If you can, find the time to go to the school yourself. Telling a kid or giving a kid is one thing, hanging up on you over the phone is another, but they can't hang up on you if you're standing in their office.

1. Get a new attorney.

2. If they refuse to file the papers in your child's permanent school record, then contact the Department of Education, and tell them the school is violating the Hatch Amendment, refusing to acknowledge your child's rights.

3. If the school gave you a verbal refusal, get it on paper while standing in their office. If it's all ready on paper, be ready to mail a copy of it with your factual letter of what happened for proof to the Department of Education.

Generally, the School doesn't want to tick off the published Federal Register because if they do so, they will lose ALL their Federal Funding.

Here is the website of this Amendment, and the information for reporting the violation and phone numbers are included. Good luck!

http://www.ed.gov/policy/gen/guid/fpco/ppra/index.html

The Tech

[Skippy]

Skippy,

Yes, I have. First, don't give it to your kid to give them. If you can, find the time to go to the school yourself. Telling a kid or giving a kid is one thing, hanging up on you over the phone is another, but they can't hang up on you if you're standing in their office.

1. Get a new attorney.

2. If they refuse to file the papers in your child's permanent school record, then contact the Department of Education, and tell them the school is violating the Hatch Amendment, refusing to acknowledge your child's rights.

3. If the school gave you a verbal refusal, get it on paper while standing in their office. If it's all ready on paper, be ready to mail a copy of it with your factual letter of what happened for proof to the Department of Education.

Generally, the School doesn't want to tick off the published Federal Register because if they do so, they will lose ALL their Federal Funding.

Here is the website of this Amendment, and the information for reporting the violation and phone numbers are included. Good luck!

http://www.ed.gov/policy/gen/guid/fpco/ppra/index.html

The Tech

WOW...great info!

My case is closed so, I'm going to drop it. I wish I would have known about this while my case was going on. They need to post this info on the website where it tells you what to do once you find out that CPS has opened an investigation. The things I read on this website said to just send a letter and HOPE they honor your wishes but, expect them not to.

So...since I sent my own letter and not their one on the form, does this mean they were allowed to have total disregard for my wishes?

Thanks

Skippy

[kdddav]

Skippy,

It really depends on how you worded it, unfortunately. Normally, when covering your kids with a law, you need to quote the law in the letter, state the applicable reason for the law, and then spell it out for them even though it's been proven that ignorance of the law is no excuse. Then date, sign it. Anything else, even handwritten, can be misconstrued and/or tossed based on the validity of the current law.

Wanting your child not interviewed without a parent or lawyer present is covered as your right in the US Constitution and Supreme Court Case Law. You have to address this in your letter, as your lawyer should have known to do all ready. Let me post it here for you.

For purposes of the Fourth Amendment, a “seizure” of a person is a situation in which a reasonable person would feel that he is not free to leave, and also either actually yields to a show of authority from police or social workers or is physically touched by police. Persons may not be “seized” without a court order or being placed under arrest. California v. Hodari, 499 U.S. 621 (1991)

Write this down, as your child is removed from class and put in a room with a social worker and cannot leave, they are violating the law. And make sure the 14th Amendment is quoted, as it garuntees that all Constitutional Amendments are upheld.

If your attorney can't prepare the proper pages, find one who can, they are out there.

When they refuse, then sue them. The Hatch will be backed up by the Department of Education, but the removal of your kid from class is protected by the Government.

The Tech

[sedwards]

thanks kd Ive been looking for that . You wouldnt beleave what i did i didnt fill out no papers for the school they kept sending and i wouldnt fill out .. Then they had even the one for truancy lol like i would agree to that .. Now they suspend my son off the bus for a fight and i dont have a vehicle . so call and say they are gonnasend a social worker . what so you suspend him off the bus you know i dont have a vehicle my husbands takes the truck at 5 am for work . you could have swatted him or gave him issp . Well do whatever . Well knock on wood i havent heard anything else. Here lately i have ran into a few situations where they try to scare you into signing forms. well thay havent worked . they even tried it when i went and got my son his shots . the youngest i wouldnt sign them lol . Scare tactics dont work with me anymore . I recieved papers from a haelth clinic on free screenings it was everything teeth eyes paycological you name it now imaginf that not my kids

[Skippy]

Skippy,

It really depends on how you worded it, unfortunately. Normally, when covering your kids with a law, you need to quote the law in the letter, state the applicable reason for the law, and then spell it out for them even though it's been proven that ignorance of the law is no excuse. Then date, sign it. Anything else, even handwritten, can be misconstrued and/or tossed based on the validity of the current law.

Wanting your child not interviewed without a parent or lawyer present is covered as your right in the US Constitution and Supreme Court Case Law. You have to address this in your letter, as your lawyer should have known to do all ready. Let me post it here for you.

For purposes of the Fourth Amendment, a “seizure” of a person is a situation in which a reasonable person would feel that he is not free to leave, and also either actually yields to a show of authority from police or social workers or is physically touched by police. Persons may not be “seized” without a court order or being placed under arrest. California v. Hodari, 499 U.S. 621 (1991)

Write this down, as your child is removed from class and put in a room with a social worker and cannot leave, they are violating the law. And make sure the 14th Amendment is quoted, as it garuntees that all Constitutional Amendments are upheld.

If your attorney can't prepare the proper pages, find one who can, they are out there.

When they refuse, then sue them. The Hatch will be backed up by the Department of Education, but the removal of your kid from class is protected by the Government.

The Tech

Well the first attorney I tried to hire was the one who dropped the ball on this. The one that got the case closed came after the fact. The letter to the school was my vain attempt to keep the wolves at bay until I got a GOOD attorney on retainer.

Thanks again,

[Dazeemay]

Skippy,

Thought I would post this in case you do not have it.

I know that the Miranda rights are posted somewhere on the site. I would love to have the time to get in and arrange everything for easy access. When our case is over I hope to help Linda with this.

Everything pertaining to schools would be in one place etc.

http://fightcps.com/forum/viewtopic.php?t=1294

[sedwards]

In the Tenth Circuit Court of Appeal's most recent decision issued last
week, Jones v. Hunt, 2005
WL 1395095 (10th Cir. 2005) the court analyzed a sixteen year old girl's
encounter with child welfare social workers "through the eyes of a
reasonable sixteen year old" child.

After concluding that the alleged encounter constituted a seizure, the
court then reviewed whether the seizure was reasonable which depends on
the context in which it took place. With limited exceptions, a search or
seizure requires either a warrant or probable cause.

In this case, the court found that the social worker's actions "violated
the most minimal standard of which we can conceive." The court held that
where no legitimate basis exists for detaining a child, a seizure is
plainly unreasonable. The court further found that this standard was
clearly established as far back as 1994 when it held, in Doe v. Bagan, 41
F.3d 571 (10th Cir. 1994) that a seizure of a nine year old boy was
justified at its inception because a victim of child abuse had
identified him as her abuser and a ten minute interview with a social
services caseworker was reasonably related in scope to determining Doe's
role in the incident.

In a critical footnote in Jones v. Hunt, the court noted that "we do not
imply that a social worker investigating allegations of abuse or neglect
necessarily requires a warrant, probable cause, or exigent circumstances
before questioning a child on public school property. Where a social
worker merely conducted an interview of a child at a public school, and
thus did not remove the child nor interfere with the sanctity of the
private home, we have applied the Terry standard." (a search of a child
by a government official is reasonable if "justified at its inception" and

"reasonably related in scope to the circumstances which justified
the interference in the first place)

The court concluded "it may be that the Terry standard applies even
where a social worker removes a child from her parents' custody at a
public school following a legitimate investigation into child abuse and
neglect."

Should the Fourth Amendment apply to the day to day workings of social
workers in child welfare investigations? Do social workers understand
and apply this constitutional mandate in your jurisdiction

Together for the Cause,
Brother Cletus
Pres. of FAR of America

Families in America have been financially raped, emotionally damaged, our children kidnapped. Husbands and Wives are forced to live apart, children dying, children abused in care, molested and raped and beaten in care.....
NO, I wouldn't cease, but let them try.


this is what i havew found so far