hey i am new and here to say hi.

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angelfire
Posts: 9
Joined: Thu Sep 13, 2012 9:26 am

hey i am new and here to say hi.

Postby angelfire » Fri Sep 21, 2012 7:33 am

so, i have not even seen or talked to cps yet. its making me kinda nervous because i know they have one month to complete their investigation. ok, it all started cuz i got really really sick. i mean i was so sick i could not get out of bed. we live in a small town and we went to the local doctor for both my daughter and i to see. he said i had a sinus infection but i didnt believe him, i have never been that sick before in my life! i didnt like that doctor, he was very rude to me but i ended up going back and seeing him two more times!!! i was out of it for almost three weeks and had to stay with my in laws and my mother in that time because i was unable to care for my children, who are ages two and four, by myself and my husband had to work. another thing, i have a very high metabolism and i am naturally thin, when i dont eat i lose weight very fast and i didnt eat anything for over a week when i was sick because i couldnt get out of bed. literally. so anyway after i started feeling better and came home, about two weeks ago, my kids and i were in the yard, they were playing in the water because it was a very hot day, and i was trying to organize our shed. suddenly a police officer walks up to my house, so i go over to talk to him. seconds later my husband pulls up and he takes the kids inside while i speak to the cop. he told me that the doctor i saw while i was sick called cps on me. i told him about how i was really sick and everything and he said that since they were called they have to investigate and that they will be coming here. he said that my kids dont look neglected and that he didnt think i have anything to worry about. well that was two weeks ago and they still have not showed up yet. i dont know what to think or to expect and i have been doing research to prepare myself. that is how i found you guys. any suggestions? any idea why they have not showed up yet? what should i do to prepare myself?

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Eljay
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Re: hey i am new and here to say hi.

Postby Eljay » Fri Sep 21, 2012 9:26 am

What in the heck is their allegation? You're too skinny to be a good mother? You were sick and *gasp* ensured the well-being of your children by enlisting the help of relatives (that would be the opposite of neglect!). CPS *does* have the right/obligation to "screen out" calls so if the doctor called in a weak allegation like "the mom is a little weird, you should go check on the kids" then that is NOT an allegation of abuse or neglect and CPS needs to "screen out" that call as not worthy of their precious investigative time (and you might have to remind them of that if/when they show up). This is my stock response for someone in your situation:

Well, it is GREAT that you're on here before CPS even shows up. Now you'll know how to handle them.

Keep in mind that if they get a referral that is worthy of investigation, they MUST complete an investigation. You want to give them *ONLY* what is necessary to complete & close their investigation. They will fish for other things to try and find something to use to worm their way into your lives. It means money for their department to put your kids in foster care, drag you through court, make parents take classes, etc. Some caseworkers are reasonable and just want to ensure that your child is safe and well. Others are power-hungry control freaks who will go to great lengths (lying, primarily) to take your kids.

If/when they come, be pleasant & polite, but firm and confident. They need to see that you are in control of yourself, your home & your family. Your initial exchange should be something like this:


CW: I'm here from CPS to investigate a report we received at CPS regarding your children.
You: Please wait here.... [run and get pad of paper & video recorder]
You (on your front porch): What is the allegation? Please speak slowly, I'm going to write this down in case my video recording fails.
CW: We received a report that your home was filthy and unsafe for children.
You: Which rooms were allegedly messy?
CW: The report didn't say.
You: Are there any other allegations?
CW: We were told that you had no food in the home.
You: Are there any other allegations?
CW: No.
You: Please wait here... I will take a photo and bring you the evidence you need to close your report.
CW: I need to come and inspect.
You: Do you have a warrant?
CW: No.
You: Then I will preserve my 4th amendment right against illegal search & seizure and not allow you in. You can wait right here on the porch.
....
You: Here is a picture of the kitchen, living room, bathroom & child's room. Here is a picture of the stocked refrigerator & food pantry.
CW: I need to see a picture of your bedroom & basement.
You: Those are not rooms that the children are allowed in and not part of your investigation, which concerns only the children and, thus, the rooms they are allowed into.
CW: Grrrrrr.... well, I have to do a complete investigation and ask you more questions.
You: I've given you everything needed to close your investigation based on the allegations you provided.
CW: Do you take drugs?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Are you employed or on public assistance?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Has your child missed any school this week?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: We need to determine whether your child is healthy. When did he last see a dentist?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Where is your husband and how much alcohol does he drink?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: If you don't tell me, I'll take you to court.
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.

Do this all with a smile, calm and confident. Again, write down EVERYTHING (write down what you're going to say BEFORE you say it, then read it to his/her) while you're recording it. If you child needs your attention during this process, tell them that your child needs you and would they please wait on the porch while you tend to his/her needs. Shut door in face and do what you have to do, then come back when you're available.

You will send a clear signal to them that you are NOT going to be an easy target for them.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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tonymoo
Posts: 32
Joined: Fri Jan 06, 2006 1:12 pm

Re: hey i am new and here to say hi.

Postby tonymoo » Sat Sep 22, 2012 1:42 pm

One minor comment. In many states, CPS is not permitted to screen out calls from mandated reporters.

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: hey i am new and here to say hi.

Postby Eljay » Sat Sep 22, 2012 9:33 pm

tonymoo wrote:One minor comment. In many states, CPS is not permitted to screen out calls from mandated reporters.


So... if a mandated reporter called in that a parent put a band-aid on crooked and he/she considered it neglectful, CPS *MUST* conduct an investigation?????
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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tonymoo
Posts: 32
Joined: Fri Jan 06, 2006 1:12 pm

Re: hey i am new and here to say hi.

Postby tonymoo » Sun Sep 23, 2012 5:10 am

At least in New York, yes!

And I know I've read it in others states' regs too.

It can't be screened out by the central hotline and it can't be screened out by the local office that receives it from the central hotline. It must be "investigated" and ruled "indicated" or (I forget what New York calls the other choice - unfounded?). The local office has some leeway but not much. Policy calls for them to check out education, medical, etc..

At least NY, unlike some states, does only give special treatment to reports called in by mandated reporters for suspicions from there professional work. So a doctor's report of seeing a parent slapping a child in a supermarket would not be considered to have come from a mandated reporter.

angelfire
Posts: 9
Joined: Thu Sep 13, 2012 9:26 am

Re: hey i am new and here to say hi.

Postby angelfire » Sun Sep 23, 2012 3:03 pm

thank you so much for all the advice, i am still nervous about why they have not showed up yet. i read that they have one month to complete their investigation and they do most the their investigating before they even talk to the parents. now im not exactly sure when the report was made but the cop came and talked to me around september 4th i believe and its already the 23rd. is it possible that they closed the case and are not coming? or that they are waiting till the last minute to catch me off guard? thanks again, this site is great. it feels good to have someone to talk to and to have the support.

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: hey i am new and here to say hi.

Postby Eljay » Sun Sep 23, 2012 6:50 pm

angelfire wrote:thank you so much for all the advice, i am still nervous about why they have not showed up yet. i read that they have one month to complete their investigation and they do most the their investigating before they even talk to the parents. now im not exactly sure when the report was made but the cop came and talked to me around september 4th i believe and its already the 23rd. is it possible that they closed the case and are not coming? or that they are waiting till the last minute to catch me off guard? thanks again, this site is great. it feels good to have someone to talk to and to have the support.



Again, I ask, what the heck are they investigating? Did the police officer give any indication WHY you're being investigated? Or what the doctor told them?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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angelfire
Posts: 9
Joined: Thu Sep 13, 2012 9:26 am

Re: hey i am new and here to say hi.

Postby angelfire » Sun Sep 23, 2012 9:18 pm

the cop told me that the doctor was concerned because of how skinny i am and because he said my kids were dirty, which they were not filthy. they are two and four so they weren't sparkling clean but they had a bath the night before. my daughters hair was not combed. but we were going to the doctor not a beauty contest. i think its complete bull s*** but like i said, we live in a small town and everyone here is always in everyones business. i would like to give that doctor a piece of my mind.
that reminds me.....if they try to use the fact that i am skinny against me can i get them for discrimination??? thank you

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Eljay
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Re: hey i am new and here to say hi.

Postby Eljay » Mon Sep 24, 2012 8:28 am

angelfire wrote:that reminds me.....if they try to use the fact that i am skinny against me can i get them for discrimination??? thank you


What you're describing is more so "profiling" than "discrimination". "Profiling" would be suspecting you are a meth head because chronic meth heads are quite frequently very skinny. "Discriminating" would be not giving you a job because you were Catholic. There is also completely legal "discrimination" because you can't get a job as a hooters waitress if you're a 400 pound man.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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angelfire
Posts: 9
Joined: Thu Sep 13, 2012 9:26 am

Re: hey i am new and here to say hi.

Postby angelfire » Mon Sep 24, 2012 9:25 am

thats not fair, how can people be so narrow minded. when the cop showed up the kids and i were in the yard and they were playing in the water and the cop said that my kids looked healthy, happy and well adjusted and did not look neglected. then he said he didnt think i had anything to worry about but cps was coming cuz they were called, he just didnt know when they were comming, then he gave me a card with a case number on it. i just cant imagine why they would wait almost three weeks. is that normal?

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: hey i am new and here to say hi.

Postby Eljay » Mon Sep 24, 2012 11:56 am

angelfire wrote:thats not fair, how can people be so narrow minded. when the cop showed up the kids and i were in the yard and they were playing in the water and the cop said that my kids looked healthy, happy and well adjusted and did not look neglected. then he said he didnt think i had anything to worry about but cps was coming cuz they were called, he just didnt know when they were comming, then he gave me a card with a case number on it. i just cant imagine why they would wait almost three weeks. is that normal?



You haven't even really been made aware of what the allegations are so don't jump to any conclusions. Besides, think of all the fun you can have with the caseworker if the allegation actually reads, "Mother is too thin"

You: So, is a parent being thin "child abuse"?
CW: No....
You: Is it neglect?
CW: No, but....
You: Could you show me in the welfare code where it says that parental weight is identified as a risk factor for abuse/neglect?
CW: No, but it could mean that you're on drugs.
You: Really? So all thin people are suspected of being on drugs?
CW: No, but we have to check...
You: You check on all skinny people?
CW: No, but....
You: So, are you saying fat people don't do drugs? Because you CLEARLY don't look like you do drugs if that is the case!
CW: No, what? ARGH!!!!!

I hope you see where this could go.... you can eff with their heads a bit.

It's very likely that your situation has no merit and they don't want to bother investigating. Even a dirty child is not going to get them any money. In theory, they should have plenty of other REAL abuse/neglect situations that they are investigating. If you look at the statistics, 86% of all calls into CPS hot lines are bogus (all of the data is here, and if you do the math, you'll see: http://www.acf.hhs.gov/programs/cb/pubs/cm10/cm10.pdf) SOOOOOOO... not that I want to be sympathetic to CPS caseworkers, but for those calls that are totally bogus, and NOT screened out at first as they should be, it just adds to the stress of their jobs to have to drive out, hunt down mothers, fathers, kids, etc. to "investigate" whether little Bobby's dot on his arm is really from someone shooting heroin into his arm like they crazy old lady next door imagines, or it was just a bee sting. There are SOOOOOOO many bogus cases called in that they have a huge "failure rate" and when 86% of your cases do NOT require you to do your job, then you start to feel like you are missing something, or you're not justifying your salary, or the parents are just hiding the real abuse and your boss is pressuring you to make something up so that you keep the funding coming in. Yeah, I know, it's not fair... that's why sites like this exist, because we are all aware of the corruption and want to help YOU keep your family to together.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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monkette31
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Joined: Tue Oct 05, 2010 1:12 am
Location: Los Angeles, California
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Re: hey i am new and here to say hi.

Postby monkette31 » Thu Sep 27, 2012 1:04 am

Waiting three weeks is not normal, but they are not normal either. I was reading about cps in Chicago a while back and they're reporting system response times are prioritized, something like this kind of report has to be responded to in person within 72 hours, etc., so from your case information, it could be that they've already determined the "referral" to not be much of an emergency. I wouldn't worry about them rushing in and stealing the kids, it's been too long, but here's what you probably will get:

Some nosy ass social worker showing up in your life. Could go the sneaky way and interview your kids at school, without your knowledge or permission TOMORROW!, get grandma's phone number from them or whatever, dig up any dirt they can or they might show up and kiss your ass their way into your door, act all friendly and what not. I think a lot of experienced ones know who they can bully, cause to open and let in, threaten. Point is they are the information police and they just want to get their hands on any information they can about you so they can twist it up and justify stealing your kids. You might just have a real lazy aggressive one, I'm sure they have to make contact within a certain amount of time. You could try to look that up for the area you're in and see how well they're doing at meeting their own measures. Weird thing is I never heard of the police showing up separately at first and with a case number. I wonder if it's a report number.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

angelfire
Posts: 9
Joined: Thu Sep 13, 2012 9:26 am

Re: hey i am new and here to say hi.

Postby angelfire » Sun Sep 30, 2012 4:42 am

the officer said that they asked him to come and check things out. who "they" are i dont know. i had just got home from my mothers house the day before, so i was just beginning to feel better. how can the doctor judge what kind of parent i am when i am so sick i can hardly function. that is why i went to see him so he couldnt have thought that i was like that all the time. i dont know. i have gone over and over the doctors visit in my head and i cant think of why he would do what he did. the officer said that cps would be showing up because they have to follow up on the report. he didnt know when. and the officer also told me that the doctor was the one who called. i thought that was suppose to be kept confidential. i have done nothing wrong and if some nosey lady wants to weasel her way in here she has another thing coming. i am very glad i found this site because before i learned all this information i would have just let them in no questions asked. i have rights and so do my kids. no one will be coming into my home without a warrent.
is there a way i can look up the report? or case number or whatever it is? i have tried and tried and come up with nothing. i may just be looking in the wrong places but i am not sure. thanks again....so much you have helped in more ways then you know. i am much more confident about what to do if they do show up. and your posts are not harsh. i want to know the truth and i dont need it sugar coated. thanks again. i will keep you posted if anything happens

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Eljay
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Re: hey i am new and here to say hi.

Postby Eljay » Sun Sep 30, 2012 6:16 am

angelfire wrote: i thought that was suppose to be kept confidential.


CPS tries to maintain confidentiality for anonymous callers, but the police usually do not have any such restriction (every state is different). Also, mandated reporters are sometimes not given anonymity (this includes doctors, teachers, nurses, etc. ... some states are trying to make EVERYONE a mandated reporter... google "richard wexler" if you want to learn more). If it were a completely false/bogus report, then you could file a police report (they may decline to investigate) that would entail the police tracking down the caller. Although CPS will claim calls are anonymous, any call to a toll-free number is exempt from caller ID blocking and there would be phone records. So, it can be done, but you have to compel the police do the investigation.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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