DCFS scare tactics

[keltilass]

Is there any way to rescend your signature from a DCFS document? My daughter has been falsely accused of drug abuse by DCFS and they brow beat her into signing a paper under the threat if she didn't they would take her newborn baby right then and there.

She had a fainting spell while at the hospital for a non stress test. They did a UA drug test that came back positive for cocaine. She told them there was no way because she didn't take any cocaine. She was then told that a blood test would be done on her and urinalysis and blood tests on baby once born.

Turns out the urine tests on both of them showed positive (supposedly since she's never been shown the results even after requesting more than once) but blood test on both were negative.

I've been up all night trying to research this. It terrifies me that my daughter signed a paper without any witnesses to verify she was voicing her innocence the whole time. She just got scared by the case worker (or whatever they are) saying if she didn't she was taking the baby right then. If that isn't criminal it should be!

I plan to call a lawyer as soon as they have offices open. I also plan to have my daughter call the Inspector General and file a complaint against this DCFS worker and her tactics. What else should we be doing?

Sorry for such a long post, but any advice you could offer would be greatly appreciated!

keltilass

[mojojojogrl]

yes you can rescend on your signature, I am doing this myself. also know that there are some over the counter products that will produce positive drug use in your body, somewhere on this site is a long list of things that can do this, even food. maybe someone will post a link to it for you. The best thing is to get a lawyer, once dyfs is in your life they will continue to find things to keep you in it. They use all kinds of scare tatics and whats even worse is when they say we are just here to help you....(them being nice worries me more) Ive followed everyones advice on here, just know without a court order for anything they have nothing to keep you in there system except that service plan she signed...for your daughter, learn what rights she has and her child has....and do not allow them in your house without a warrant, and something that daze told me to do was get a temp guardianship which she can do without a lawyer, look under temp guardianship for the form

[keltilass]

How does one go about hiring a lawyer for such a case? Do I look for those that practice family law? I'm sorry if that seems like a stupid question, but I'm really clueless about all this.

Also, my grandson is only 19 days old and nursing. I"m a bit scared to do the temporary custody if it would mean depriving him of that. We are already being traumatized, I don't want to traumatize him also!

I wonder if it would be possible for me to be assigned legal custody, and have her live here with me so she could continue nursing?

[mojojojogrl]

temp guardianship doesnt take the child from the mother, what it does do is, in case dyfs decides to remove the child from your daughter, the temp guardian will get the child instead of him going into foster care, in my case my temp guardian is my mother who lives in tennessee (im in NJ) and it can be revoked at any time once this BS is over with....

check out this link.....

http://nhdcyf.info/index.html

on this page is some awesome information....and also how to find an attorney. You will find that most lawyers will say just comply and they will go away, this is not true, so you want to find a lawyer willing to go up against dyfs. Post on here looking for a lawyer in whatever state your in. maybe someone can direct you to one

[mojojojogrl]

a private message:) stay strong and enjoy your new grandson

[Dazeemay]

You can get the temp guardianship done this morning. Here is the link http://forum.fightcps.com/viewforum.php ... ea5d455170

Your daughter needs to tell them that you are the baby's guardian.
This should make them stay away. They don't want to fool with guardianships afterall that is what they want to make money for their state from the federal government.

Your daughter can live with you, but if they take the baby then she won't be able to. However this will prevent them from taking the baby.

I will give you information on what foods and over the counter drugs affect drug tests. Also let it be known to them that the drugs they gave your daughter before birth makes the mother and baby test positive. You must insist on getting your daughters records from the hospital so you can see what drugs they gave her.

I will post those as soon as I can.

[Dazeemay]

If the baby and mother really tested for drugs then why didn't they take the baby then. You need to get those records from the hospital.

Do not let them in your door again without a court order.

Here are a couple of links to tell you why you should not let them in your door.

http://www.deltabravo.net/custody/cpscourtorder.php

http://www.fightcps.com/articles/whattodo.html

I wonder if it would be possible for me to be assigned legal custody, and have her live here with me so she could continue nursing?

You can definitely do this, but right now the temp one is for protection. When you do a legal one do it as a co-guardianship if your state allows it. That way your daughter can live on her own or live with you. Our daughter lives on her own with her 3 children and we are co-guardians.

Now the thing about doing a legal guardianship is that cps cannot have been involved in your life. So do not let these people in your door again. Once you get the case closed then the court has to see that it is.

This is the rescind signature form make sure your daughter states this was signed under duress do to threat of taking the baby.
http://www.fightcps.com/oldsite/legaldo ... indsig.txt

This is the drug site about what drugs and foods make you test positive.
http://www.urban75.com/Drugs/testing2.html#c

This is a case law that shows it is unlawful to test pregnant women. If you hire a lawyer he will want this law.
http://straylight.law.cornell.edu/supct ... 36.ZS.html

These are your daughter's parental rights.
http://forum.fightcps.com/viewtopic.php?t=1870

This is your Family's Rights Book
http://www.emmasmith.org/KnowYourFamily ... ndbook.htm

[good dad]

Also make sure that they did a "confirmation" test after the "EMIT" drug screen...

Cps can't rule a unacurrate "flagged positive" drug screen as positive without the confirmation test (GC/MS)

[keltilass]

In following the link I read that in IL it has to be approved by the court. Are they going to ask us why we are doing this? Is it later going to look like we are trying to conceal something?

[Dazeemay]

A temp guardianship or a power of attorney is just that temporary.
Most states say that you have a year before you need to file petition for guardianship. This protects you and the baby.

So far parents who have done it the cps people leave them alone. They don't even ask for the papers.

The courts honored ours even when we had one child in their clutches. It is a legal document and they have to honor it. Even if your daughter was using drugs and you did this to protect the baby it is your legal right to have the baby.

I have been looking up IL power of att and everything I find states for health care. I will look some more.

I will post it when I find it.

Parents do this when letting their children go out of town. If a family takes a vacation and leaves the children they have to have one of these.

[Dazeemay]

Here is the link to the IL POA (Power of Attorney)

http://www.operationhomefront.org/Benef ... _poa.shtml

Special Power Of Attorney To Act "In Loco Parentis"
This is a common type of special power of attorney. The phrase "in loco parentis" means "in the place of the parent." This type of special POA grants parental authority to another (such as a babysitter) to perform a range of functions which can include picking up a child from school, buying food and clothing, and consenting to medical treatment of the child in the event of illness or injury. If you have children, you will almost surely want a special power of attorney to provide for their non-emergency medical care when you and your spouse are away. Service medical regulations clearly provide that your children may be treated if a true emergency exists, and you or your spouse cannot be reached. In a non-emergency situation, however, consent is required before treatment. The special medical power-of-attorney is, in effect, your transfer of your authority to consent to that treatment to another individual whom you have chosen to act for you. You cannot designate a medical facility; you must designate a specific adult or two.

Without this type of special POA a day care center, school, store, hospital or clinic, fearing legal repercussions, may refuse to follow the directives of the babysitter or other agent, and require the specific authorization of the actual parent. This grant of authority will assist the agent in the daily business of looking after the child, and can avoid unnecessary delays in emergencies. Furthermore, the special POA provides legal protection for the facility, and also for the agent who might otherwise fear taking action on behalf of the child.

Your legal assistance attorney can prepare the "in loco parentis" special POA.

Special Considerations

A POA becomes void upon the death of the principal.
A POA normally is void if the principal becomes physically or mentally incapacitated. However, appropriate "durability" language may be added to the POA which will ensure that it remains valid during any period of incapaci-ty.
Any third party has the right to refuse to accept a POA.
A POA should be given for only a limited time period (such as six months during a deployment). A third party is more likely to accept a POA with a recent date than one which is many months or years old.
Many financial institutions and other businesses have their own POA'S which they prefer to be used to conduct business. It is a good idea to show your POA to all known third parties who may be dealing with your named attorney-in-fact to ensure that your POA is acceptable to them.
Never give a general POA when a special POA will accomplish the mission. There is less opportunity for abuse when only limited powers are given.
A special POA should be as specific as possible. For example, if you are authorizing an attorney-in-fact to sell a vehicle on your behalf, specify the vehicle, license number, vehicle identification number, the make/model/year of the vehicle, and any specific terms you will require. Your legal assistance attorney can help you tailor the POA to suit your precise needs.
You may revoke a POA before its expiration date by executing a revocation of the POA. Notice of the revocation must be delivered to the attorney-in-fact, as well as to all third parties who you know relied on the POA. If possible, recover from the attorney-in-fact and destroy the original and all copies of the POA. Even though the POA has been revoked, you may be responsible to any third party who did not receive notice of the revocation.
Army Legal Assistance staff will prepare a general or special POA based on your needs. Here is a description of the normal types of special powers:

Financial Transactions:
Cash checks
File claims
Start allotment
Stop allotment
Change allotment
Receive my Leave and Earning Statement(s)
Borrow money from service relief organizations (e.g., Army Emergency Relief)
Quarters:
Accept military quarters, including signing and taking possession
Clear/terminate quarters
Household Goods:
To ship household goods, personal baggage, or other personal property
To accept delivery of, and receipt for, household goods and/or unaccompanied baggage
Real Property:
To sell real property
To buy identified real property
To rent/lease real property
To manage real property
To mortgage real property
Motor Vehicle:
To use and operate
To sell
To buy
To ship
To accept delivery
Child(ren):
Temporary custody, Loco Parentis/Education Enrollment - do all acts necessary or desirable for maintaining the health, education, and welfare of my child, including the registration and enrollment of my child in educational programs and schools; and to maintain the customary living standard of my child, including, but not limited to, provisions of living quarters, food, clothing, medical, surgical and dental care, entertainment and other customary matters; and, specifically, to approve and authorize any and all medical treatment deemed necessary by a duly licensed physician and to execute any consent, release or waiver of liability required by medical or dental authorities incident to the provision of medical, surgical or dental care to my child, by qualified medical personnel; to act in loco parentis to name/date of birth of child(ren).
Medical care - to do all that is necessary or desirable for maintaining the health of my child(ren); specifically, to approve and authorize any and all medical treatment deemed necessary by a duly licensed physician and to execute any consent, release or waiver of liability required by medical or dental authorities incident to the provision of medical, surgical or dental care to my child(ren) by qualified medical personnel. Now that you know about a Power of Attorney (POA) and the usual types, use the fillable POA Application before visiting your local legal assistance office to indicate what power(s) to give your agent in your POA. You may find it easy and convenient to fill it in and print it out, or you may print and hand-write your information, before visiting your legal assistance office. Army Legal Assistance staff will prepare a general or special POA based on your needs. Available for Viewing and Downloading in Adobe Acrobat PDF. Get Adobe Acrobat Reader.
Now that you know about a Power of Attorney (POA) and the usual types, use the below POA Application before visiting your local legal assistance office to indicate what power(s) to give your agent in your POA. You may find it easy and convenient to fill it in and print it out, or you may print and hand-write your information, before visiting your legal assistance office. Army Legal Assistance staff will prepare a general or special POA based on your needs.
Power of Attorney Application in Adobe PDF Format

If you want to revoke, cancel, or end a Power of Attorney before it expires, you must sign a Revocation of Power of Attorney. You must give a copy of the revocation to any person who might have or will possibly deal with your agent.

No one is ever legally required to accept a power of attorney (even a military power of attorney), regardless of the legality or validity of the power of attorney.

In some cases, certain individuals and/or businesses will only accept a power of attorney fulfilling their specific individual standards and requirements, such as banks and other financial institutions. Many have their own form, so ask them. As a result, ensure this power of attorney will meet the specific standards of the individuals and/or businesses with which your agent will do business.

Your appointee or agent MUST have the ORIGINAL Power of Attorney; you should keep a copy for your records.

Illinois Power of Attorney Act 755 ILCS 45

[keltilass]

I'm sitting here in tears! I've put a call in to a lawyer referral service here. The lady I spoke with said I'd be called back shortly (that was a couple of hours ago) I'm praying they call back soon! I want to have an attorney hired for the kids prior to DCFS showing up at the door again this afternoon.

Thanks again for all the help. I'm normally pretty good at hunting things out, but the stress of this coupled with not sleeping at all last night have me a bit dazed.

[Dazeemay]

She does not have to open the door.

There is nothing obligating her to do that.

The type of attorney you want is one that fights cps cases. All attorney's tell you to go along with them. They know nothing about cps and what cps does to children. Ask them if they have fought and won a cps case. If they have ask how many.

It is stressful because you don't know your rights. These are your rights. If cps was the law and your daughter broke the law don't you think she would be in jail right now and her baby taken.

CPS has only rules and then they take those rules and twist them to make it look like you broke the law. But, still you haven't broke the law because you do not get a trial by jury; your due process.

[keltilass]

I've been on the phone since 9 am calling and calling and calling. We even called IL Lawyer finder and when Chelsea finally got their call back she was told "I don't know anyone who would pick up a case like that." She also said by his tone that she felt judged by him too!

Are we doomed to go through this without a lawyer? If they haul them in court I know who they will appoint as gaurdian ad ligtum and he's about one of the biggest coke heads I know of! Public Pretender extrodinaire!

[keltilass]

Also make sure that they did a "confirmation" test after the "EMIT" drug screen...

Cps can't rule a unacurrate "flagged positive" drug screen as positive without the confirmation test (GC/MS)

Maybe they can't but they are sure acting like they can. The urine test was positive, subsequent test was negative on both of them. The DCFS Nazi told Chelsea "it didn't matter. They have the positive test"

[Frustrated]

You should have your own Family Doctor and draw Blood Tests and do the FULL WORK UP and will confirm that it was negative.

CPS Drug Tests are always manipulated, and controlled, they even probably "fixed" it so they can make a case out of your Family.

GET YOUR OWN DOCTORS to do all the tests to show proof that she has no drugs in her system. Even a Cold Medicine can give a flag positive, so make sure she does not take anything that day, nothing, not even HALLS or Tynelol. I heard sometimes Tynelol can give false positives, but Cold Medicines, BIG TIME!~

Urine Tests are not always reliable, but Blood Tests and Hair Tests are. But there are alot of controversy around these such Tests, and it is not always reliable because sometimes there were contanimiation in the Labs where it gets crisscrossed from other Drug users onto your blood and it would show a positive. DO IT AGAIN to make sure.

I would keep paper work of negative tests as Evidence. Tell her to keep giving Blood Tests at her own Private Doctor for 2 weeks and if possible, monthly to make sure and to show proof that she is clean and show these paper work as Evidence to CPS, but better keep the COPIES for the Judge to see. CPS probably will say your Doctor is Biased. Does not matter, Doctors must follow Ethics and can't manuipulate tests, but CPS can manuipulate things though. DO NOT TRUST THESE CPS PEOPLE< THEY ALWAYS CHANGE TESTS< MANUIPULATE TESTS< even getting it fixed.

Best to do it on your own accord to prove them wrong!!! Make sure the tests are being done at a Renowed Respectable Lab that is recognized by the State, and the Judge. So they can believe it more than CPS, ya know? There are even dirty Labs and they were not even recognized or not licensed by the State, so be careful where you choose Labs.

[Dazeemay]

They will probably give you a court appointed attorney who will not be worth two cents (I would love to say something more descriptive)

I know this is stressful, but the more knowledge you gain the better insight you have to deal with it and the fear leaves and the anger kicks in to be able to fight it.

[keltilass]

Ok, I just hired a lawyer recommended
We have an appointment with him in the morning.

After that was handled we went to the hospital where was born and obtained the records for him and mommy

Lo and behold... there's a urine screen on both of them, but no follow up testing and get this.... baby DID NOT TEST POSITIVE FOR ANY DRUG.

So, (no suprise) DCFS lied. What really gets me though is the hospital lied too! They said they would do follow-up testing on my daughter. They didn't. What's that about? Why were we being told different all along?

Also one of the "charges" papers from DCFS states 11Cuts, bruises, welts, abrasions and oral injuries. baby had NONE of these and ti's documented! This stems from daughter taking him to the ER to be checked after Daddy accidently bumped him while they were all on the couch watching tv. ER sheet reads :
This 16 day old male was struck in the head accidently. He has been behaving normally, he is nursing appropriately, has normal interactions with the mother.
Plan: Family has been reassured. They should be discharged home.

Really sounds like an abused child doesn't he?

[Dazeemay]

You need to delete the names of your family from this and also the one who referred you to an attorney.

We have cps people who roam these sites.

I am glad you got the hospital records.

Has the lawyer you hired ever fought a cps case?

[keltilass]

Has the lawyer you hired ever fought a cps case?

yes, that is why he was referred

[Dazeemay]

Good.

Another thing you need to have him do is have your daughter's name and the children's name expunged from the records when you win the children back.

According to your state that if the case is unfounded then it is automatically expunged. You need to go to this other link and there more conditions you need to be aware of.

http://nccanch.acf.hhs.gov/general/lega ... gistry.pdf