CPS Taping Interview

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batman82
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Joined: Sun Dec 05, 2010 5:07 pm

CPS Taping Interview

Postby batman82 » Sun Dec 05, 2010 5:22 pm

Long story short. During a CPS, the case worker came over to our home to talk. I was not home from work yet, but my wife and mother were. The worker talked with my wife very briefly and moved on to wanting to talk to my mother. They stepped outside on to our balcony to talk. They had a 10 minute talk and she left. A week later CPS came in and took our son away. During the intrusion my mother was there and asked the CPS worker what she was doing taking her grandson out of the home. The worker stated that she had audio recorded her conversation with my mother on the last visit. My mother was shocked because she had no idea she had been recorded, let alone give consent to being recorded. Is this legal or was this a violation of our privacy or my mothers? Only in Texas....

MaggieC

Re: CPS Taping Interview

Postby MaggieC » Sun Dec 05, 2010 6:15 pm

You will need to check your State's recording laws. In some states, it is lawful to record conversations if only one person partaking in said conversation is aware of the recording. This may be the case in Texas. If it is not, you have a very good case to fight this.

batman82
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Joined: Sun Dec 05, 2010 5:07 pm

Re: CPS Taping Interview

Postby batman82 » Sun Dec 05, 2010 7:14 pm

Thank you for the reply,
I found this, but legal terms are not my thing. A lawyer may have to decide this one. one says no its not okay and the other is "it's okay" if taping for record keeping purposes-non electronic communication. The main point was my mother was unaware that this person was even CPS. She thought the worker was with our apartments (a manager or something). She did not talk to the worker till she was asked to talk to the worker.

Texas

So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Texas Code Crim. Pro. Art. 18.20.

A person whose wire, oral, or electronic communication is intercepted or disclosed has a civil cause of action against the interceptor or discloser. Texas Civ. Prac. & Rem. Code § 123.002.

batman82
Posts: 4
Joined: Sun Dec 05, 2010 5:07 pm

Re: CPS Taping Interview

Postby batman82 » Sun Dec 05, 2010 7:45 pm

Thank you,
I have learned. I am not so upset about me having to deal with them, but having my mother involved in something she did not want any part of does make me upset. She was not informed of the recorder in our home and we were not made aware of it either. She is willing to sue if the law is on her side. The questions may have been about us, but she was not an involved party and was just present at our home at that time. I believe that she had a reasonable expectation of privacy since I am her son and would never say anything to damn us for the good of CPS.

MamalovesMicah
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Joined: Tue Nov 30, 2010 10:18 am

Re: CPS Taping Interview

Postby MamalovesMicah » Mon Dec 06, 2010 1:30 pm

I find this story most interesting. When I was involved with CPS... I called for a meeting with them and my so called attorney. At the very beginning of the meeting, the social worker and her attorney (state's attorney) made it abundantly clear that the meeting would not be recorded. They brought the point up. I did not request to record the meeting. I assume they were just paranoid that anything they said might be used against them-- given the fact that they consistently and continually lie. Isn't it interesting that they record interviews and meetings when they want to?

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Dazeemay
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Re: CPS Taping Interview

Postby Dazeemay » Thu Dec 09, 2010 7:42 am

I think the cps worker lied that she recorded the mother's conversation. It was the only way to throw you off guard and take the child also wanting to cause division within the family.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
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LindaJM
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Re: CPS Taping Interview

Postby LindaJM » Thu Dec 09, 2010 12:22 pm

Yes, it is possible the CPS worker lied, because they are known to do it often, in reports to the court.

However, what if she didn't.... what if she really does wear a wire when doing home visits? I find this a disturbing but very possible trend. They may have been doing it for years. All the more reason why people need to invest in sound equipment to use while dealing with government agents.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

batman82
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Joined: Sun Dec 05, 2010 5:07 pm

Re: CPS Taping Interview

Postby batman82 » Sun Dec 12, 2010 2:33 pm

I found it funny that we have barely heard a word from CPS since they took our son from our home. They have cut off any phone calls to us, but not our family (grandparents). They say it would be confusing to the child to talk to us and not be able to come home. We have seen our son two times since they took him. He has become physical and mouthy. He has always been full of energy, but his behavior is clearly only an issue to me. CPS called us to ask if they can do some testing on him for an allergy issue that he has with milk. Then asked us about why he would be wetting the bed all the time. We told them that they have disrupted his life and that is what happens. I swear that they get dumber each phone call. Why call us about his parenting needs when they revoked our rights to do so. What an oxi.

MaggieC

Re: CPS Taping Interview

Postby MaggieC » Sun Dec 12, 2010 7:22 pm

Please petition for visitation with your child. You must make the effort to see your child and continue to do so no matter how difficult the road is. Keep a paper trail. CPS' goal is often termination of parental rights. You must make a showing of continuing contact with your child. Disclaimer, I am not an attorney. This is my opinion only. Speak with your attorney about this.

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LindaJM
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Re: CPS Taping Interview

Postby LindaJM » Tue Dec 21, 2010 10:04 am

You should be getting visitations. Have you taken any action to try to get them started? What does your court order say about visitation?
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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