New to the board here

[CPSOUTOFCONTROL]

We're a California family that was just reported to the CPS over a minor complaint of neglect. It was very quickly proven to be a false complaint by the local police whom was sent by CPS. It is painfully clear, to what extent a SW will go too, to "get" a family into the system.
I was lied to and threatened by this SW in order for me to allow her into my home. This resulted in my having to restrain my 4 YO daughter, in order for this SW to see her room. This was all "after" the report was deamed "false" by the local police.

Every contact I have had with this SW was knowingly recorded, and she still coerced me into letting her in our house by threatening to turn the complaint over to the DOJ.
My family has nothing to hide. We are wonderful parents whom have wonderful children.
This is probably over for us. However, after listening to what some of these SW have done to families who have done absolutely nothing wrong and are also wonderful parents. I can't let this go.

My intentions are to file a suit next week in hopes of learning who filed this complaint.
I have a few questions to whomever reads this.
Should I pursue a complaint against CPS and or the SW?
Would thay actually create alligations against my family to cover their tracks?
My lifes concerns consist of what happens to everyone, not just my family and I, because one day it could be us fighting for our children over false allegations.

[good dad]

My intentions are to file a suit next week in hopes of learning who filed this complaint.

I really don't think you can find out with only 1 report..If a false report comes in numerous times from the same person (sometimes even 17 times aren't considered numerous) the way the law is written, you still have a very hard time finding out.

Should I pursue a complaint against CPS and or the SW?

I would, it may not do much but at least it would show in their "job record"

Would thay actually create alligations against my family to cover their tracks?

There isn't a guarentee they won't come back into your life next week, next month, etc.. anyway..

I was lied to and threatened by this SW in order for me to allow her into my home.

Is this on tape?

[CPSOUTOFCONTROL]

My intentions are to file a suit next week in hopes of learning who filed this complaint.

I really don't think you can find out with only 1 report..If a false report comes in numerous times from the same person (sometimes even 17 times aren't considered numerous) the way the law is written, you still have a very hard time finding out.

Should I pursue a complaint against CPS and or the SW?

I would, it may not do much but at least it would show in their "job record"

Would thay actually create alligations against my family to cover their tracks?

There isn't a guarentee they won't come back into your life next week, next month, etc.. anyway..

I was lied to and threatened by this SW in order for me to allow her into my home.

Is this on tape?

Test quote

[CPSOUTOFCONTROL]

Thanks for your comments! I'm new to the board here so, I'll have to see where this reply ends up

Every word uttered by this SW is on tape, like threatening reporting me to the DOJ which "could" affect my future employment abilities, if I did not let her into my house.

I'm assuming I can subpoena the CPS's records on who filed the complaint, especially taking into the fact that the allegations were unfounded.

[Momoffor]

I'm assuming I can subpoena the CPS's records on who filed the complaint,

Even with it being unfounded, you can subpoena until youre blue in the face ...the fine print for CPS.... they will provide you with records BUT confidential information will be removed......

Confidential info being that of the one who complained to begin with.

The person who called could have done it anon as well. Keep that in mind.

[tonymoo]

You're probably not going to find out who called.

However, if you have the time and maybe a bit of money, I'd certainly pursue a claim against the SW and CPS.

I'm not an attorney so take this for what it is worth, but it seems to me, if you have that on tape, you're in good shape. I'd think there would be a Title 18 complaint there at least if some state law doesn't apply.

Remember too, CA is in the 9th Circuit and if I had to pick a Circuit for a CPS claim, that'd be the one.

Good luck.

[CPSOUTOFCONTROL]

You're probably not going to find out who called.

However, if you have the time and maybe a bit of money, I'd certainly pursue a claim against the SW and CPS.

I'm not an attorney so take this for what it is worth, but it seems to me, if you have that on tape, you're in good shape. I'd think there would be a Title 18 complaint there at least if some state law doesn't apply.

Remember too, CA is in the 9th Circuit and if I had to pick a Circuit for a CPS claim, that'd be the one.

Good luck.

Thank You for your thoughts. I'm still learning how to post on the board here, so we'll see where this post ends up.

Please excuse my ignorance but, what is a "Titile 18 Complaint" Federal jurisdiction ?
Rights against our constitutional rights on illegal search and seizure are certainly a Federal issue rather than state, is that what you are refering to.

[good dad]

Look through these Federal Codes:



Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

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Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

-------------------------------------------------

Title 18, U.S.C., Section 245
Federally Protected Activities

1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:

a) A voter, or person qualifying to vote...;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

c) an applicant for federal employment or an employee by the federal government;

d) a juror or prospective juror in federal court; and

e) a participant in any program or activity receiving Federal financial assistance.

2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:

a) A student or applicant for admission to any public school or public College;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;

c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;

d) a juror or prospective juror in state court;

e) a traveler or user of any facility of interstate commerce or common carrier; or

f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters...or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.

3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.

-------------------------------------------------

Title 18, U.S.C., Section 1001
Fraud and False Statements

United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
U.S. Code as of: 01/02/01

Section 1001. Statements or entries generally
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.

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18 USC Sec. 1203
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 55 - KIDNAPPING
Laws: Cases and Codes : U.S. Code : Title 18 : Section 1203

STATUTE

(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.


-------------------------------------------------

United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES CHAPTER 109 - SEARCHES AND SEIZURES
U.S. Code as of: 01/02/01

Section 2234. Authority exceeded in executing warrant

Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year. U.S. Code as of: 01/02/01

Section 2235. Search warrant procured maliciously Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year.

Section 2236. Searches without warrant

Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined for a first offense not more than $1,000; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person -
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or
attempting to commit an offense in his presence, or who has
committed or is suspected on reasonable grounds of having
committed a felony; or
(c) making a search at the request or invitation or with the
consent of the occupant of the premises.

More on Section 2236

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Title 42 USC Section 1983

Laws: Cases and Codes : U.S. Code : Title 42 : Section 1983
Sec. 1983. - Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia

-------------------------------------------------

Title 42, U.S.C., Section 14141
Pattern and Practice

This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

Types of misconduct covered include, among other things:

1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests

[tonymoo]

I was thinking section 242.

[Marina]

.

http://www.cir-usa.org/legal_docs/muell ... pinion.pdf

page 12

II. Acting Under Color of State Law

MacDonald argues that the Muellers have insufficiently alleged state action.
MacDonald contends that his private actions of reporting child abuse or neglect
pursuant to state statute and his subsequent medical treatment of Taige do not
transform him into a state actor. The Court disagrees and finds that MacDonald’s
conduct, as alleged in the Amended Complaint, transformed him into a state actor.
If an individual is possessed of state authority and purports to act under that
authority, his or her action is state action.


Do a web search for "Mueller v. Idaho" for more court documents.

.

[pebbles04]

When it comes to finding out who called on you I was told that you WERE able to find that information out regardless how many times you have been called on and what the results were. A lot of people don't bother to pursue the person who called on them. I personally knew that I wanted to know, but I ended up figuring it out and w/o the person telling me or anyone else. Gut instinct and she admitted it. The procedure to figure out something like that though will take awhile. It will definitely not be a simple task.

When it comes to them being at your house without your desire of wanting them to be and them telling you that they are allowed or whatever. I dealt with this. They kept telling me that they were there with SS and that needed to come in. I at the time (will admit) was oblivious to anything and everything to deal with CPS so of course I let them in. I had no clear understanding of the way that things went on. I also never had the oppurtunity to do anything about it as I was cut short. They knew that I had to give them permission and knew that because I had not really dealt with them that they were going to railroad me. From my experiences and dealings with them they will tell you whatever they have to gain access to your home.

When it comes to pursuing lawsuit proceedings I would look into it and see what is required of you based on your state. The worst part about all of this is you want to make sure that if you file it that NOTHING is going to come back to haunt you with it. They may get MORE upset then they already are and try to retaliate when you do it. So you want to make sure that you have everything taken care of prior.

You should definitely make a complaint, but this is coming from personal experience. When I was initially going through the entire experience with them I had my visitations through the DSS office. I would come up there and these people would talk down to me and disrespect me something extreme in the waiting room. As soon as we would get behind closed doors where the two way mirror was and microphones it was "oh how can we assist you?" "is there something you need?" I was astonished that they were THAT two faced to be that quick to change, but they were. I finally began to bring a recorder in (not to record them I will add) and I would put it in my pockey and push record. I wanted to record my oldest son reading to me so that when I went home I could listen to his voice. Fall asleep to HIM telling ME the story as opposed to the other way around. Well I never wanted to reach into my pocket to turn the recorder off so I would leave it on til leaving the office. We will just say that MANY of fights with them was recorded. You have to make sure that your state allows recordings and what the details are of using them. Not all states are easy to deal with on those.

With them being up your butt and them stating that things are over. I don't want to scare you, but after dealing with these people (and 4 kids lost) I completely know how they are. They may very well walk away from it and leave you alone. Then again they very well might not. They might continue to try to REACH for anything that they possibly can to get you in trouble. It just depends on how much they have it out for you. Just watch you back and trust NO ONE. I know that sounds sad, but that is the way that it should be. I would only trust the closer people in your life (and sometimes they are even ify)and of course the people on this site. Any other quesitons you want answers to please feel free to ask me. I went through the unfounded and founded portion as well. And after a longggggggggg battle lost my kids. So I am hoping that I can shed some light.