CPS Backs Down!

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Bob_Lynn
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Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
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Postby Bob_Lynn » Mon Apr 17, 2006 7:44 pm

I should add that once they are inside your home and you discover that you have a 4th Amendment right to security (and they can't show you a warrant), you can ask them to leave and immediately quit cooperating. If they refuse to leave, they are then trespassing and violating your civil rights.

Note that this has happened in Monroe County when CPS invaded a home. The person in the home called a knowledgeable person and asked the homeowner to request a warrant from the caseworker. When the caseworker couldn't produce one, they were asked to leave. They did not leave immediately until they were told from the person on the telephone that they were in violation of several laws that were read to them.

PS - They came with police and the police left along with the CPS workers after they were read the "riot act".

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Greegor
Posts: 746
Joined: Sat Apr 15, 2006 10:20 am
Location: Cedar Rapids Iowa

Search Warrant Lacking Specifics

Postby Greegor » Tue Apr 18, 2006 4:34 am

I have a 4th Amendment story to tell.
My fiance fell prey to "the stipulation scam" in 2001.
She was promised a very short service plan with
only two items on it, and went for it.

A contractor to the agency advised the agency
to provide us with the standards for a home
inspection. The agency quietly refused.

Iowa DHS IMPOSED a long service plan upon us
without the required "Family Active Participation
in the FORMATION of the service plan". We learned
that this is a common violation, and all requests
and demands for them to truly fulfill that requirement
were ignored or denied by court and agency.

The agency and their contractor minions threatened
us with termination for three years.

Many times we asked the agency and court for
the standards for a home inspection.

My SO's pleadings (Pro Se) for repair of the service plan
and to clean up some rigging of services were ignored.

The caseworker (2nd) had never been in our home.

She wanted to see it but we just kept countering that
the services plan needed to be repaired and we
needed the standards for a home inspection.

Their threats weren't working on us.

On a visit my SO, her daughter and the LSS
visit supervisor were heading into a Target store.

Barely inside, the contract SW got a cell phone call.
The caseworker was at a park about 15 minutes away
and wanted to move the visit there immediately so
she could watch the mother/daughter.

My SO objected strongly, and refused.
5 minutes into the visit moving it was not OK.
The caseworker then ended the visit abruptly
and said they would get NO MORE VISITS EVER!

My SO was strong and knew better.
My SO filed a pleading to court quickly.

Two weeks later a visit was set up in the
glass "fishbowl" room at our local DHS office.

Within weeks the fishbowl visit was written up
in agency documents addressed to the court.

The caseworker complained that the mother was
asking her daughter to spell words that were
much too difficult for the child, specifically
"exoskeleton". My SO filed a pleading to
the court answering the caseworker's stupid
complaint. The caseworker had failed to read
their own records about the child's school
performance level or she would have known
that the 1st grader was reading at a 5th grade
level! Even more hilarious was that the word
"exoskeleton" had been given to the child
almost a year prior by her public school teacher!
The pleading asserted that the caseworker
clearly had no qualifications to criticize any parent!


Owch!
You know that had to sting for that caseworker!

Shortly she was calling up trying to arrange
to see the inside of our home and we just
banged the same old drum, that the service
plan needed repair, that we needed the
required "Family Active Participation in the
FORMATION of the Service Plan" etc.

We get a court order for a home inspection.
I was specifically ordered to not be there,
ordered out of my own home for this "inspection".
Signed by a real Judge and all!

We pondered it and looked up 4th amendment
and realized that even though it was called
a court order for home inspection, the title
merely veiled the fact it was a search warrant.
And! A search warrant has to be very specific
or it is illegal! The order was a search warrant
illegal for lack of specifics! We had been denied
standards for a home inspection for years!
That's a pretty strong lack of specifics!

Obviously after the previous hostile tricks
the caseworker intended to do the old
"white glove test" to find something, anything
to complain about!

Fortuitously, our landlord had accepted a deposit
on the commercial property we lived above.
It was for a used car lot, and even though we
were not asked to move, we began packing.
When we informed the court they cancelled
the home inspection.

Then they started the Termination of Parental
Rights process. We had mixed feelings about
it, scary, but we were somewhat confident.
We found out that in Iowa the caseworkers
manual has specific instructions for when
they are heading for TPR. Right there is
a prerequisite that the family must have been
given "Family Active Participation in FORMATION
of the Services Plan"! They had denied us that!

They hadn't fulfilled this basic prerequisite
spelled out right in their online caseworker
manual!

Pointing this out did not stop the process though!

DHS tried to say we were conspiracy theory nuts.

My SO subpoena'd all of the contractors,
state actors and service providers.
It was a crowd of sour faces! Ha ha!

I actually got to watch in silence.

Through cross examination my SO proved
that there actually WAS a small conspiracy.
The Judge didn't mention that in the ruling,
but it's in the transcript.

They couldn't terminate but the Judge also
did not send the child home!
There is a big logical problem with that.

The core question in a TPR is:

Could this child go home? Yes or No.

Because of some of the testimony the Judge
had to admit the child COULD go home, but
the judge didn't WANT TO anyway.

Our rough, badly written appeal to the
Supreme Court of Iowa was accepted,
but when a transcript was obtained from
one of the earlier hearings, it had actually
been tampered with somehow. Things
so outrageous they would be impossible
to forget were missing and smoothed over.

After discovering that somebody had actually
altered a transcript like that, my SO got
frustrated and missed the deadline to submit
a polished brief, a pleading in more proper
form.

Our struggle continues though!....


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