New here; CPS as a harassment tool

[HadEnough]

I must start by saying that I'm luckier than most people here. My purpose here is two-fold. For one, I'm tired of cooperating with the harassment - CPS is only doing "their job," when it comes to me, and it is my ex-husband using the agency as a tool. I have had 3 cases opened, and the third, I believe, was closed in the middle of December, though I've yet to obtain that in writing. I am not guilty of ANY of the accusations against me, they've found no evidence of abuse or neglect and I have not been subject to anything other than a couple of oral-swabs. I have cooperated with them, but I don't want to anymore. They call and bother my family and friends, with my father now coming to believe that "there must be something wrong since they keep showing up."

My ex has accused me personally, to my neighbors and friends, and to CPS as being a drug user. That was the first case, and I was on vacation when CPS came to my home. I refused to allow them to come visit us in a hotel room 400 miles away and promised them I'd cooperate when I returned from my travels; needless to say - they can sure ruin a good time. This didn't set well with the case worker, and I believe she really had it in for me. When they did come back to my home (NO, I DID NOT call and invite them over - they showed up again at their own will) the case worker brought an officer. I was very displeased with their behavior in my home. They requested an oral drug test, and I cooperated. All along I noted the things that I didn't agree with, including the administration of a drug test by (what appeared to be) a kid right out of high-school. Because the accusations were drug related, they followed up a couple weeks later with another test, and closed the case. The ex again became angry with me and promised to reopen the case, noting that the first caseworker had told him he'd have no trouble at all gaining custody of my children (one is his, the other is not.) Sure enough, as promised, they were back for another round. Another test, ineffectively administered, however, I passed and the case was closed again.

A couple of months down the road, and no contact with my ex whatsoever, things are getting back to normal. I must note that the no-contact has been solely his choice, until now. My kids were visiting their grandmother one Saturday (his mom) while I was at work. He went to her house and saw them. By the time I got off work, my children had been twisted to believe that I was the reason they hadn't seen daddy. Two days later - that famous knock on the door. This time the accusations were that I left my children with family members for extended periods of time, particularly with their grandparents over the weekend, and was engaged in "excessive partying," and my children, 5 and 7, were left to care for them selves all day as I slept to recover from hangovers, got high and drunk. WOW! Note: I was working as a bartender, day shift on Saturdays, to which his mother agreed to spend time with the children on alternating weekends with my mother; my kids were picked up by 7:30 and Saturdays were usually movie and pizza night for us; and I was probably the most sober bar-tender you'll ever meet! Again, the case worker came - she'd already spoken with my daughter at school. We talked about family life, etc. She didn't have to finish reading the accusation to me before I stopped her and told her I didn't want to hear anymore, that it was my ex making the complaint and she could take that to the bank. Still - they did implicate a 90 "plan" for which I was to "continue to refrain from substance abuse," and "provide adequate supervision at all times." Now - as degrading as it was to put that thing in my mouth for the workers the first couple of times, I had to note the humor in the plan stating that I would refrain from drug use and the fact that this worker didn't even bother with a test! CPS is a JOKE to me at this point! A complete JOKE, but I don't want to fall victim to the railroading that I've learned about. Refusing to cooperate with them, as is my plan for the next time (I'm sure it's coming) will only cause them to work harder in their witch hunt and cause me more grief, even though I've got nothing to hide.

Any insight to dealing with this harassment in the future is genuinely appreciated. I care not to sue my ex personally, but if anyone knows of a way to have him held accountable for the continuous false accusations, a felony in the State of Texas, please do share! I am well versed in child support and custody issues and have no problem reading and interpreting the legal codes that can be so intimidating to most, but I am practically clueless when it comes to dealing with CPS in Texas. I don't want to live in fear of one day drawing the caseworker that's tired of hearing about me and hellbent on doing something about it!

[monkette31]

I really don't think any of that matters. CPS has the "where there is smoke, there is fire" MENTALITY. I heard that straight from the horses mouth, an ex social worker of cps...and I even heard and do believe that after a certain point of getting bogus referrals, the end up having to do something anyway, no matter if they know they are bogus. I know how stupid that sounds. I've even heard on these boards people say that their caseworker tell them if they ever get a referral again, no matter true or not, their going to take the kids.

I mean I think they worry about themselves FIRST before anything, like how are they going to explain 5 prior referrals? if something does happen? that's what I think their motive is behind that and I also think they are officially trained EXACTLY to have this attitude in their compartmentalized jobs. They can blow off any knowledge of wrongdoing or injustice of an investigation or court procedure by saying they have nothing to do with each of those. They don't have to explain the hard stuff...ignorant basturds...so beware, they eventually are going to do something...imo

[monkette31]

The texas cps reform facebook group has about 168 members: http://www.facebook.com/groups/109519032444235/?ref=ts

Some of these cps groups are interesting just to watch, even for entertainment, some are very active...and will lead to other groups as well...so try a few out to watch or whatever and you can weed them out later on.

[HadEnough]

CPS has the "where there is smoke, there is fire" MENTALITY. I heard that straight from the horses mouth, an ex social worker of cps...and I even heard and do believe that after a certain point of getting bogus referrals, the end up having to do something anyway, no matter if they know they are bogus. I know how stupid that sounds. I've even heard on these boards people say that their caseworker tell them if they ever get a referral again, no matter true or not, their going to take the kids.

That is EXACTLY the mentality and railroading I fear. As I stated, even my own father has started to take the mentality, causing problems between us - nothing of a serious nature, but it hurts when the people you have depended upon for support your entire life begin to question reality because of lies.

If / when the day comes that these monsters do decide that "something must be done," my family is in great danger. I've read the stories. I know families who have suffered the same. While I won't go so far as saying that the harassment has caused depression, it has stripped me of my very resilient nature and generally positive attitude, and led to a sincere distrust in the people that are supposed to be charged with protecting children and families.

What happened to neighbors loving one another, families supporting each other and villages raising children? People are so quick to judge and interfere in situations they know nothing about.

[Daruma]

It may be a long shot, but have you spoken to an attorney about filing a restraining order against your ex which prohibits harassment via third parties, including CPS?

[HadEnough]

I don't think I would have considered that being an option - but will definitely discuss that with an attorney! Though we've been separated for two years, we are still legally married and I am already talking to an attorney about the divorce. This actually may be easier to accomplish this way. One of my fears was that as soon as he was served with divorce papers, he would make another report, even though I'm not seeking any kind of battle. Custody and child support are in place already and there is nothing left to fight over - I just need his signature.

[Eljay]

You lucky lady... false reporting is a felony in Texas!

From here: http://www.childwelfare.gov/systemwide/laws_policies/statutes/report.cfm
"In Florida, Tennessee, and Texas, false reporting is a felony, while in..."

There was a former social worker who went to jail for false reporting. http://www.caller.com/news/2009/jun/02/ex-cps-worker-to-serve-90-days-in-jail/ She was in Corpus Christi. If you're in the same area, this will be easy-peasy for them.

Go here to find the state-specific statutes: http://www.childwelfare.gov/systemwide/laws_policies/state/

Finally, call your local police, file a report for the false reporting and tell them you want him brought up on charges and prosecuted. Give them what evidence/information you have and let them do the work. Good luck and keep us posted!

[Daruma]

HadEnough, please let us know whether this strategy works, and if so, what it took to make it work (such as your attorney getting unredacted CPS reports).

I read about someone using this strategy, but I didn't save the link so now I can't find it.

[HadEnough]

I will update after I speak to my attorney and let you all know what his opinion is on the matter. I will also seek his advice on pressing charges, as this may cause the ex to have other friends or family members to make reports as well - something that might be a little more difficult to curtail. While a part of me wants to see him punished, my ultimate goal is to halt the harassment. His retaliation to punishment will only end up doing more damage to my family. He exhibits textbook signs of escalating domestic violence (won't go into all of that here) which leaves me highly concerned for his older two children in his care and the adverse effects on them as he becomes more enraged with me.

[Daruma]

That's a tough situation to be in. When you're dealing with someone who doesn't care who gets hurt, it limits your options.

[monkette31]

a shot in the dark, but also do you know ANYONE who knows anyone at DCFS? I am wondering if the "I am too involved with DCFS" method might work...so, you find and get a person that knows....maybe you can go talk to a supervisor or send a registered letter?...so when the issue comes up, they have already documentation on this....edit: NO, screw this idea....

This is a hard one, I'm glad it's prosecutable in Texas. Find the lawyer who prosecuted the others, i bet he has tons of info on it....might be worth it to pay for his time...in fact, that's a great idea Eljay...best idea i heard all day. There's also a case down there where they put a restraining order on dcfs in texas so as not to harrass a family again. That case and the others Eljay or whoever recommended are an EXCELLENT law firm to CALL.

[Eljay]

This is a hard one, I'm glad it's prosecutable in Texas. Find the lawyer who prosecuted the others, i bet he has tons of info on it....might be worth it to pay for his time...

Just to clarify.... a prosecutor will be a state's attorney (district attorney's office/deputy district attorney) so you wouldn't hire him/her directly. If your state has identified making false allegations a crime (and Texas has, a felony even) then you would start off with your local police dept. They would gather evidence and then present it to prosecutors. The prosecutors decide whether they have enough evidence & desire to charge/prosecute. Even having the police show up at your ex's door, telling him they are investigating felonious false reporting should be enough to scare the crap out of him.

As long as you're willing to do that HadEnough - and I think you should - I would handle any future communications from CPS as follows:
1. Start by writing them a letter letting them know that you have been the victim of false allegations that they have identified and validated as false three times.
2. You have informed the police of the false allegations and they are in the process of investigating and you expect CPS to fully cooperate with the police in their investigation.
3. In order to preserve your family's rights and privacy, all future communications should be managed in a way that minimizes the impact on your children to preserve their sense of security in their own home, at school, etc. For example, any future interviews will be done over the phone and recorded; any future drug tests will be done by your physician's office.
4. State that you understand that they have an obligation to investigate, but since they have been confirmed as false and are clearly intended as harassment or a devious ploy to attempt to control custody of the children, you won't have CPS cooperating in the commission of felony by furthering the harassment.

Send them this letter via certified mail and send a copy to the chief of police or investigating officer. I sure hope he actually verbally threatened you with calling in a report to CPS... if not, they still have their ways of investigating. I know that I've read of false allegation cases being clinched by the caller's info coming across on caller ID.

Is he doing this to get out of paying child support? Have you considered NOT taking the kids to his mother's again? Does she know about him making false allegations?

There was a mom who posted on here back in November who had been the victim of a bunch of anonymous false allegations. Every one was unfounded but after 11 calls, CPS took the children claiming that if they are getting that many calls, there MUST be something wrong. Don't let your ex get away with trying to ruin your lives!

[Daruma]

1. Start by writing them a letter letting them know that you have been the victim of false allegations that they have identified and validated as false three times.
2. You have informed the police of the false allegations and they are in the process of investigating and you expect CPS to fully cooperate with the police in their investigation.
3. In order to preserve your family's rights and privacy, all future communications should be managed in a way that minimizes the impact on your children to preserve their sense of security in their own home, at school, etc. For example, any future interviews will be done over the phone and recorded; any future drug tests will be done by your physician's office.
4. State that you understand that they have an obligation to investigate, but since they have been confirmed as false and are clearly intended as harassment or a devious ploy to attempt to control custody of the children, you won't have CPS cooperating in the commission of felony by furthering the harassment.

That is brilliant. Especially the part that warns CPS about cooperating in a felony.

[good dad]

Well worded Eljay!

[monkette31]

http://www.statutes.legis.state.tx.us/d ... FA.261.htm

find in page, false report, says there it is the county prosecutor who files Sec. 261.107. FALSE REPORT;....maybe you can call the county prosecutor's office and speak with them.

[monkette31]

http://www.examiner.com/cps-and-family- ... prosecuted

An old article but with comments up to date. Maybe you can try and get in touch with the author of this article and some of the commenters.

[family_man]

Sorry I let this thread go by so long without being answered. Yes the false report IS a felony in Texas, which could receive a jail sentence and/or a $1,000 fine. If found guilty, your ex will be required to pay the attorney fees you might have incurred defending yourself against the false accusation. It will also negatively affect his visitation privileges, if and when you obtain a divorce. The local police or sheriff would be the ones to do the investigation. Even though YOU cannot be informed of the source of the CPS reports, the police detectives can certainly obtain this information, and use it in their investigation.

Another thing you can do in Texas, that you cannot do in any other state, is to have all records of prior investigations removed from the CPS database (IMPACT), IF all allegations of abuse/neglect were ruled out. You should have received letters after every investigation was closed, informing you of this right. I think you have 60 days to request your records to be removed. Then every time your ex files another false report, you have a clean record. If you still have open investigations that have not been formally closed, please inquire with your investigator and ask that the formal closing letter be sent as soon as possible.

Here is the statute pertaining to false reports and their consequences.

Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL PENALTY. (a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.(b) A finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report.(c) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.(d) The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable attorney's fees incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report.(e) A person who engages in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty authorized by this subsection.

[HadEnough]

Thank you all for such insightful information; especially to Elijay for suggesting a letter to CPS about cooperating in the commission of a felony. I've highly considered this approach, and with the assistance of an attorney, this may prove quite effective.

To answer the question about the kids seeing his mother any more - that came to an abrupt halt the moment CPS knocked on my door. I tried my best to foster the relationship between my kids and their grandmother in their father's absence. She is not in the best of health and I wanted them to have the best relationship possible for as long as possible. Personally, I've never cared for the woman myself, but I felt that my children's best interest was to know her. We've always gotten along, so I don't *think* she was the one to make the report, nor do I believe she knows about it - even if she did, she's not the kind to become involved and stand up for what is right. She'd rather sit on the sidelines and watch.

With regard to modifying custody, the false reports were made AFTER our custody agreement was signed by a judge, so no recourse on that ground. He has not seen the kids in over 6 months now, by his own choice, so that constitutes abandonment in Texas and will be grounds for modification at another time. I don't think it's going to be necessary though. I will not let them go with him again, and he would have to actually knock on my door at the prescribed time/date and me tell him no in order to constitute a "denial of visitation" on my part. After 6 months, why would I even be at home waiting on him to show up?

I've also learned in the last week that he is facing criminal charges for DWI and Assault Bodily Injury to a Family Member. A good friend of mine and I have come to the conclusion that he does not want me knowing about these charges, which is why he made his last ditch effort (CPS call) to keep ME away from his mother. We still have a vehicle in both of our names, that he likely wrecked in the commission of the DWI. The only thing I know for sure is that he is facing charges; the rest is conclusion based on his character and circumstances.

His oldest daughter (11) is "best friends" with a good friend of mine's daughter. I still get information about their situation this way - she is scared to go to his house because she told her mom about witnessing a multiple fights, including physical violence, and he's told her "what happens in our house, stays in our house." I believe I've already stated that I am highly concerned for his other children, and I did mention this to my caseworker, but I think it was taken as an attempt to be vindictive against the person who made the call. He also told his daughter that the reason they don't see my kids anymore is because they were taken away from me! If that was so, WHY doesn't he have them!?! (My children have never been removed from my home, not even for an hour, by CPS.) He is a textbook case of an escalating alcoholic and abuser - I do wish there was a way to bring attention to this without further recourse to my family and endangerment to his older children. On any note, I'm actually thankful that he's decided to make his desire of absence from our lives quite clear, though it shouldn't have been at further expense of my children's security in their own home.

[Eljay]

You sound like an awesome, competent mom who has a great perspective on things. I think you're going to be just fine.