repeated drug testing and accusations

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d_ann
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Location: Texas

repeated drug testing and accusations

Postby d_ann » Thu Jun 21, 2007 1:36 pm

my family and i went through an investigation last nov. we were drug tested in our home, house was searched, nothing was found, no wrongdoing found and case was closed. a new report has been filed with same accusations. this is about the 7th or 8th report on us in the last several years. someone keeps reporting me..the cases are always closed but cps says they have to drug test us again and go through these procedures in order to close the case. i live in a very small town and if you buck the system too much you will find yourself in a worse situation. what can i do without doing too much in this case to protect my rights. i also cant afford legal representation.

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tnradmom
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Postby tnradmom » Thu Jun 21, 2007 2:01 pm

The 4th amendment in the US constitution protects you from search and seizure unless they have a warrant.

Pretty much if they don't have a warrant, don't let them in the house. Just as is they don't have a warrant and you haven't signed any papers stating you would, don't do the drug test.
What the Lord gives you, man can not take away.

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good dad
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Postby good dad » Thu Jun 21, 2007 2:53 pm

Hi welcome to the site

but cps says they have to drug test us again and go through these procedures in order to close the case.


Technically, you don't have to do anything cps asks, unless they have a judges signature on a court order requesting you to do it.

Before complying to any demands the agency makes or when they start saying you need to do this or that, you might say:

"I’m happy to do all that is asked of me by the court. Do you have a court order for the things you are asking?"

They may say: “No I don’t have a court order, but the court will require you to do the things I’m asking anyway and it will please the judge if you have them completed early.”

Where you would say:
"I’m thankful that you are trying to assist me in completing things you believe the court might require of me. I appreciate your concern.

However, I wish to follow the legal channels set in place for matters such as these. I prefer to wait for my day in court to defend the allegations made against me rather than simply complying with the requests of your agency because of an anonymous caller to a hotline. I have complied with these same requests for U/A's numerous times in the past, always proving the allegations false.. This time I would like to explain these past allegations, requests and my being compliant, to a judge and legally establish if there is sufficent evidence to comply with the request you are making....."

You could also state: "I will go in today and have a drug screen done at a licensed collection center and pay for it myself. I will keep the results until a judge orders me to release them to you"
This shows you are complying and are leaving it up to the judge to order it..

Here is a link to the Texas CPS handbook, study up on what they can and can't do:
http://www.dfps.state.tx.us/Handbooks/C ... ndbook.htm
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

d_ann
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Joined: Thu Jun 21, 2007 8:23 am
Location: Texas

Postby d_ann » Thu Jun 21, 2007 4:53 pm

I am so thankful to have finally found a site that gives me useful info. Now I know how to fight back in a way that cant be judged as rude or non compliant. Thank you so much. I welcome all advice.

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good dad
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Postby good dad » Thu Jun 21, 2007 6:13 pm

we were drug tested in our home, house was searched, nothing was found, no wrongdoing found and case was closed.


I don't know Texas law on drug screens used in court proceedings, but in Mn. drug tests done anywhere but a licensed drug testing facility won't stand up in court.

I'd also like to point out that the EMIT test used is the cheapest made, bought in bulk they are about 1-2 dollars apiece and by using them the error rate for false positives increase and there is no GC/MS confirmation test done which is highly accurate..

Don't let them search your home again without a search warrant, CPS is not above the same laws police must follow..

If they show up again, step outside, be pleasant, say as little as POSSIBLE and listen to what they say, then tell the worker to put everything in writing and send it to you so you can go over it with your attorney before discussing it with them.. This usually stops them in their tracks because they have to do a bunch of paperwork and wait before you'll even talk to them.. :wink:

If they say they have to see the kids, have them wave out the window at them with a smile...

If they say they have to see if there is food in the house, use a digital camera to take pictures or a cam corder, if you have neither...have the kids or hubby start carrying it outside :lol: They will say it would be sooo much easier to just come in and check, tell them it's no bother, we can do it my way :wink:
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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mom2boys
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Postby mom2boys » Fri Jun 22, 2007 10:31 pm

Good dad, you are right on!!!! They have no right without a court order, and then it has to be SPECIFIC as to what they are looking for!! (and call the judge who signed it, to verify)

Should a visit arise,do a pre-recording and video tape the house when they are expected to come over...go thru the house, under beds, etc, fridge, pantry, get it all on tape what your house looks like, and keep tapeing till they knock on the door, get in a few words to them on what day and time it is and get details from them why they are there (at this point I dont imagine the will see the camera yet, get their names on tape loud and clear, then when they say, turn off the tape..sure...(you already have all your documentation if a report comes back loaded with lies!)

Just a thougt.
Its not legal adivce. Just incite.

Oh, yes, and tape the kids during your walk-thru, healthy, happy smiling kids. This may really be important if they say the 'saw something with the kids'!....

To me, now nothing is worth dealing with them, I would pick up my family and consider long and hard about moving.
God grant me the wisdon to have the courage to make a difference. Its not legal advise, knowledge is just power.~brick by brick, they shall fall.

anxiousmom
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Postby anxiousmom » Sat Jun 23, 2007 5:46 am

It *IS* against the law in TX for a person to make false reports to cps. You can sue the person that is calling & making the repeated false allegations! If you do that, cps will have to tell the courts who made the call.

If all of your cases have been unfounded, I'd pursue sueing the person making the false allegations. I believe it is a felony.

Were any of your cases founded?

I can understand your concerns of living in a small town & the politics involved......I've had that here too. What size is your town?

But, still, you need to do something & stand up for yourself & stand up for your family or this is NEVER going to end!!! What's going to happen is cps is going to get SO TIRED of getting calls about your family & having to go out & check it out that they are going to find something, some reason to remove your children------ESPECIALLY if the person reporting you has standing in your community, has some political power, etc.

They do NOT have to keep going out to your house if the same person keeps calling.....they told me that with my neighbors calling over & over again. When they came out in May 05, the caseworker said that if they call again she was gong to tell them "It was messy & she cleaned it up" & not come out.

I think it's ironic that they say they HAVE to go out..............I reported my husband twice this year for the conditions the kids were living in his apt. & other things & they NEVER went out! They did nothing.

They CAN choose to not go out if they think the caller is just being vindictive, etc. (which I wasn't when I called regarding my husb).

Do NOT let them in your house! Tell them that you are asserting your 4th ammendment rights to unlawful search & seizures.

Don't let them talk to the kids alone. Just bring them to the door & let them see them.

I'd almost love for cps to come out to my house again! I would NEVER in a million years cooperate with them in ANY way without a court order! I would not let them in my house with out a warrent.

Also.....when your kids are in school, have them take those little cards.....forget what they are called....you can make one.....it says something like "I will not talk to any government official or police officer without one of my parents or an attorney present. You can not detain me. You can give me water to drink." Something like that.

KNOW YOUR RIGHTS!!!!!!!!!!!

Quote the cps manual back to them!

Knowing your rights can reduce your fears & also make you bold!

anxiousmom
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Postby anxiousmom » Sat Jun 23, 2007 5:50 am

Do NOT let them drug test you without it being ordered by the judge!!!!

Don't sign any safety plans.

If they want to be involved in your life in anyway, have them go before a judge & prove their case. There has to be probable cause for a judge to grant their involvement---an annonymous call does NOT qualify as reason for cps involvment.

And, the fact that these same claims have been made against you 7 or 8 times & cps found nothing would give any judge pause to allow cps involvement.

Have you ever goine to court in any of the cps cases?

Have they ever removed your kids?

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Frustrated
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Postby Frustrated » Sat Jun 23, 2007 12:34 pm

I agree with all the posters. Your Future hangs in balance and you need to protect your family interests. Consult with a Lawyer if these CPS people would not back off. Your future is better protected in front of the Court/Judge than CPS people. Without one, there would be no protection to your family's futures and all would be lost.

Get it court ordered so this way, CPS can't lie on a drug test. Get a private test as well because theirs can be biased too. :roll:
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

d_ann
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Joined: Thu Jun 21, 2007 8:23 am
Location: Texas

Postby d_ann » Tue Jun 26, 2007 8:58 am

The card for my child to carry around is a great idea and I am going to use it. In response to the needed details.. I have never gone to court, never been told I need parenting classes, or that I was in need of any "services". I am not sure that this call on me was anonymous..but I am above the intelligence of the person who keeps reporting me..if they arent making the report themselves..they are going to the school and gossiping or having someone do the dirty work to TRY to throw me off. CPS seems a lot less aggressive this time, they seem to understand that I/my family are getting damn tired of this. They arent being nearly as intrusive and want to do things when I say its a good time. They are intimidated by my intelligence and they dont say crap and get nervous when I point out a stupid mistake of theirs (in a nice way)
Kill them with kindness philosophy does work.

onlyAngil
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What if...

Postby onlyAngil » Fri May 15, 2009 12:02 pm

I say no. Can they take the kids?

twelch576
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Joined: Sun May 24, 2009 12:31 am

in reply to exercising your "constitutional rights"

Postby twelch576 » Sat Jul 25, 2009 8:44 am

i did just as everyone here is saying to do and cps took my children anyway. They knocked on my door, actually they pounded on the door until i answered. I saw the clipboard in her hand and immediately knew who she was. I stopped her where she stood and told her and i quote, "i have no intentions of answering any of your questions without speaking to my lawyer first, and you are not coming inside my house without a warrant, so it's best if you leave and don't come back without a warrant." They in fact DID NOT leave and my husband went to the door telling her to leave, she preceded to tell him this had nothing to do with him and if i didn't come outside and talk to them they would take my children (coercion, a violation of federal law, and cps can be sued under 42 USC 1983), i still did not talk with her which led to them calling the police out to my home. We invited the deputy in our house so he could see we weren't hiding anything but we weren't gonna let them inside unless they had a warrant, he convinced me to step outside and just hear them out, he was just as aggravated as us by then. They thought when he got here that he would force us to let them in and he didn't. He stepped on the porch with me and told me to remind them again that i wasn't answering their questions without my lawyer blah blah blah, but both women were asking questions so fast that i could see where it was headed and i looked at the deputy and apologized but he could see they weren't gonna have any way but their way. We shut the door and he stayed outside trying to make them leave. they stayed for at least another 30 minutes before i decided to get my family and leave so that they would. she tried to stop us but the deputy told her there wasn't anything he could do i was free to go. The next afternoon dfacs obtained an emergency shelter care order citing that my kids were deprived and i was on drugs and that i refused to cooperate with them, refused a drug test, refused them access to my home and my children etc. etc. ALL LIES!! AND A FRIGGIN JUDGE IN THIS TOWN SIGNED IT!! AND AT MY HEARINGS MY STUPID ATTORNEY DIDN'T CALL THE DEPUTY AS A WITNESS. EVERYTHING IN DFACS REPORTS WAS A LIE!! THE DEPUTY COULD'VE PROVED THAT!! the judge looked at me and pretty much laughed and spat in my face as he gave my kids to their dad who lives 1000 miles from me. nobody will help me. they want me to sign their plans and papers and i'm not!! because they lied!! i mean flat out exxagerated everything lied! and now i don't think i'm ever gonna get them back, the judge allowed them to move out of state giving temp custody to my ex husband. That's what happens when you exercise your rights.

tossthekitty
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Re: in reply to exercising your "constitutional rights&

Postby tossthekitty » Mon Jul 27, 2009 7:13 pm

twelch576 wrote:i did just as everyone here is saying to do and cps took my children anyway. They knocked on my door, actually they pounded on the door until i answered. I saw the clipboard in her hand and immediately knew who she was. I stopped her where she stood and told her and i quote, "i have no intentions of answering any of your questions without speaking to my lawyer first, and you are not coming inside my house without a warrant, so it's best if you leave and don't come back without a warrant." They in fact DID NOT leave and my husband went to the door telling her to leave, she preceded to tell him this had nothing to do with him and if i didn't come outside and talk to them they would take my children (coercion, a violation of federal law, and cps can be sued under 42 USC 1983), i still did not talk with her which led to them calling the police out to my home. We invited the deputy in our house so he could see we weren't hiding anything but we weren't gonna let them inside unless they had a warrant, he convinced me to step outside and just hear them out, he was just as aggravated as us by then. They thought when he got here that he would force us to let them in and he didn't. He stepped on the porch with me and told me to remind them again that i wasn't answering their questions without my lawyer blah blah blah, but both women were asking questions so fast that i could see where it was headed and i looked at the deputy and apologized but he could see they weren't gonna have any way but their way. We shut the door and he stayed outside trying to make them leave. they stayed for at least another 30 minutes before i decided to get my family and leave so that they would. she tried to stop us but the deputy told her there wasn't anything he could do i was free to go. The next afternoon dfacs obtained an emergency shelter care order citing that my kids were deprived and i was on drugs and that i refused to cooperate with them, refused a drug test, refused them access to my home and my children etc. etc. ALL LIES!! AND A FRIGGIN JUDGE IN THIS TOWN SIGNED IT!! AND AT MY HEARINGS MY STUPID ATTORNEY DIDN'T CALL THE DEPUTY AS A WITNESS. EVERYTHING IN DFACS REPORTS WAS A LIE!! THE DEPUTY COULD'VE PROVED THAT!! the judge looked at me and pretty much laughed and spat in my face as he gave my kids to their dad who lives 1000 miles from me. nobody will help me. they want me to sign their plans and papers and i'm not!! because they lied!! i mean flat out exxagerated everything lied! and now i don't think i'm ever gonna get them back, the judge allowed them to move out of state giving temp custody to my ex husband. That's what happens when you exercise your rights.


I'm so sorry twelch576. They did a similar "1st act" on us - but the COPS went with it - threatened to breakin - threatened to use tasers and guns on us! I had NO CHOICE but to give up my newborn because they were threatening to use VIOLENCE upon my wife! Here we sit - 3 months in - and a "case plan" for "therapy" where my wife is being forced into claiming I abused her girl OR ELSE! Regardless of the truth.

twelch576
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PLEASE HELP ME IN GEORGIA!!!

Postby twelch576 » Tue Aug 04, 2009 1:55 am

All this is true but they still do what they wanna do. The attorneys, the judges, cps....they all work together and could honestly give a damn one way or the other about the "best interests" of the children or anybody else. CPS knocked at my door because i was arrested (for being in the wrong place at the wrong time). I was apparently under the mistaken impression that an arrest is an accusation, that u are innocent until proven guilty, that, until a judge or jury hears this accusation I have "the right to remain silent anything i say can and will be used against me, i have the right to an attorney..." Until that happens I am innocent. Having said that, when CPS knocked at my door, I politely told them "I have no desire to answer any of your questions without talking to my lawyer first, and unless you have a warrant, you aren't searching my home for anything." I told them to leave and not come back without a court order. I ended up having to leave with my family after they called the police. Police officer told them same as i did. They were upset the officer didn't give them their way so they go to the judge the next day and obtain a shelter care order and take my kids while they are in school! In their own words they found my children to be deprived because I "wouldn't allow them acces to my home or to my children" and the judge, at the 72 hour hearing and the disposition, found thru "clear and convincing evidence", (all hearsay from mostly CPS) that my kids were deprived and gave temporary custody to their father, who lives 1000 miles away from me. The only witness called on my behalf was my ex husband, their father. He testified nothing but positive things on my behalf. Teachers and principals testified, in writing, on my behalf. Still, the children were given to their father, until 18, and i was ordered not to have any contact with them whatsoever, no text messages, no phone calls, and absolutely no visitation. I can't take this much longer. I've been the only parent in their lives for the past 9 years. Their dad has bounced back and forth, in and out of legal trouble, with drugs. Never paying child support and rarely visiting the kids. Never keeping a job more that 6 months to a year and constantly moving from one place to the next. Sometimes even asking that i not bring all 3 kids, just one, because they, he and his new wife, couldn't handle more than one at a time. He of course has allowed me to see them and talk to them whenever i want, but who can travel 1000 miles from home and keep a job. Who can afford to? My daughter consistently cries for me and pleas to come home. How can dfacs do this and legally get away with it? It is too late to appeal the decision, something i had to find out for myself because my lawyer is an idiot. But i want to sue them, cps, the judge, the attorney ad litem-who has never even met my children, and anyone else who violated my rights and stole my children. Please help me!


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