How to avoid false CPS investigations?

[SnowBall]

For anyone who has not had a CPS case or has had their case closed, how can we minimize the risk of having another case opened? This is assuming, of course that we are not abusing our children, and don't want to risk losing them or traumatizing them because someone thinks we might be abusing them.

Just some thoughts....

Private school, home school, vs public school?

Day care vs watching kids yourself at home or having a relative watch them?

Having money to afford a lawyer or at least appearing to?

Living in a middle class or better neighborhood?

Avoiding people who might report you for malicious reasons, like Exs or neighbors who you may have a dispute with?

Living in a single family house vs an apartment, because a nosy neighbor may think a child screaming or crying is being abused, when they aren't.

Anything else...thoughts?

[LindaJM]

I've been waiting to see if anyone had suggestions.

I avoided CPS because I home-schooled (most of the time) and also became informed. I did have CPS agents show up again but by then I was awake and aware and managed to head 'em off at the front door.

[SnowBall]

I've been waiting to see if anyone had suggestions.

I avoided CPS because I home-schooled (most of the time) and also became informed. I did have CPS agents show up again but by then I was awake and aware and managed to head 'em off at the front door.

Did the investigation go anywhere? What did you say to make them leave?

Beyond not abusing or neglecting you children, I think there should be a plan of how to deal with an investigation before it happens. Knowing what to say at the door and putting a lawyer between yourself and CPS right away, is what would make me feel the most comfortable. Maybe there is a balance of cooperation vs minimizing possible damage that could be done by a dishonest social worker, but I don't know what that would be. Having a voice recorder would be a good idea, to keep the worker honest.

Do you know if CPS is most aggressive with investigating parents with children of a certain age, like 5 or younger, because they are the most in demand to adopt?

[SnowBall]

Also, I wanted to add something I read on a lawyers site. They said as soon as you know that you are being investigated, get you child a full physical exam and an exam by a psychiatrist if possible and have them mailed to the CPS worker and supervisor, with proof of delivery before the first court date. That would prove your child has not been abused or neglected. And if they withhold the reports, they can be sued.

[LindaJM]

Did the investigation go anywhere? What did you say to make them leave?

This happened not long after I started the FightCPS site back in 2000/2001 ... at first I thought they were there because of the website, though he said it was because of homeschooling. I told him homeschooling is legal in all fifty states so he had nothing to be there for. Then I told him about some cases I knew of where the Dept. of Social Services had been successfully sued. Well, by that time we were talking mostly about the merits or lack of merits of CPS in general.

Later I found out that the reason they were there was because the children's father, who was an "ex" because he had battered me, was calling to make accusations due to the fact that the county had sued him for child support on my behalf. He thought the solution was to have the children taken away from me... though he didn't have much to go on since he hadn't seen me in about 10 years at that point. He did know about my homeschool website online, so that was the main accusation.

That was the start of a series of five visits from this CPS worker. Each time was a separate investigation, and each time he closed the case after making contact with me one time. He had the responsibility to talk to me and see the children before closing the case.

After the fifth visit I was beginning to worry that they'd start a case just because there had been so many investigations.... so I wrote a letter to the caseworker and sent copies to anyone who might help - county supervisor, congresspeople, newspapers, etc... and I detailed the repeated harassment over trivial things that were not real child abuse. I didn't hear from him after that.

Beyond not abusing or neglecting you children, I think there should be a plan of how to deal with an investigation before it happens. Knowing what to say at the door and putting a lawyer between yourself and CPS right away, is what would make me feel the most comfortable. Maybe there is a balance of cooperation vs minimizing possible damage that could be done by a dishonest social worker, but I don't know what that would be. Having a voice recorder would be a good idea, to keep the worker honest.

Do you know if CPS is most aggressive with investigating parents with children of a certain age, like 5 or younger, because they are the most in demand to adopt?

Yes, they want the youngest children. They are more adoptable and the state gets possible bonus money from the feds for the number of adoptions.

[nickeroo]

I don't necessarily know all the answers to your questions... But I will be homeschooling my children and have always intended to. After our run in with CPS because of false allegations made in retaliation by upset, drug using neighbors - I know for a certainty that, in my case, it is the best route. I have noticed anymore that most teachers think they are bleeding heart vigilantes, saving children from horrible, abusive, neglectful parents because they have a bruise on their knee or some such trivial, normal kid stuff. A family member told me just the other day about a problem their neighbor is having - The teacher at her son's school believes he has ADHD, the woman told the teacher he does not, she insisted he did and he needed to be checked by the doctor or she was calling CPS. She took him to the doctor who said he does not have ADHD, which the teacher refused to believe and has told her several times after this that if she does not put him on medication, she will call CPS. I had initially chose to homeschool for both religious and philosophical reasons. I don't think that young children, at such impressionable ages, should be taken from their homes for 190 days out of the year, 8 hours per day, unattended by their parents. I do not believe that children should be treated like miniature workaholics, up at the crack of dawn, gone all day, coming home to only have enough time to eat, do homework, bathe and pass out. I do not believe that I should be required by the government to explain why my child was out of school for a day, or why they did not receive a vaccination, or why I do not want them participating in their sexual education classes (I believe they start it at too young an age and if parents were more aware of where their children are, whom they are with and what they are doing - they wouldn't feel the need to tell sixth graders about sex). Sorry for that little rant. More or less, I believe homeschooling prevents them from being open to over zealous people making reports out of "concern" and being interviewed by government agencies without you knowledge and consent (which in and of itself is disgusting - children are not infallible witnesses and lack worldly knowledge to be able to discern between events). Putting children in public schools, in my opinion, is like creating an open invitation for government meddling. Joining the HSLDA and complying with state laws re: homeschooling and they will not be able to get very far if they show up with a complaint about your decisions on your child(ren)'s education. The same pretty much applies to daycare. I never have and never will allow my children to be watched by anyone but trusted family.

I do, personally, believe that CPS goes after those that they believe do not have the power or knowledge to protect themselves (so does my mother, who worked for agency for a couple of years). Who would they assume are the ones who are unable to protect themselves? The poor and most poor are uneducated. It also opens the door for them to claim abuse or neglect because poor families may be unable to provide some services they deem "necessary" for the child's well being because of their poverty. And I also believe it is easy for them to go after the poor because I believe some people will have pre-conceived notions that just because they are not the richest, they are unable to care for and love their children. Meaning: Perfect targets. The worker who visited me to do an assessment so he could write off the allegations made against me asked if my family receives government assistance. We do not. But even if we did, why would that matter? Because of the reasons stated above. So, I do believe that those who are better off or can make it look like they are, are definitely less likely to be targeted. I would suggest not taking any form of governmental assistance if you do not ABSOLUTELY have to. My mother told me that in re: to health records, most doctors will give them to CPS and most states and HIPPA have these stipulations listed: as long as CPS is investigating you, your health records may be taken without your knowledge or consent and there is nothing you can do about it. If you are in a state that doesn't allow this - CPS can get a court order for the physicians to release them and all they need is suspicions of abuse/neglect. BUT - the only way they can find your doctor without you giving them that information is for you to be on state health insurance.

I usually avoid most people - My family is all I need. I sort of opened up to my neighborhood once we moved here and have called the police when I heard domestic violence happening right next door because I was concerned and guess what it got me? CPS showing up at my door. I live in a multiplex where the people next door, when fighting, easily wake my partner and children (scaring them to no end) up in the middle of the night. Politely asking for them to keep it down after ten o'clock ended up - you got it- with a CPS worker at my door. I believe that anymore, in a world where 80% of reports to CPS were mistakes or intentional acts of malice, it best to avoid people, including neighbors that live right on top of you. Trying to ween your baby off a bottle and screams every night because of this can be translated to abuse and the jerks next door think it is their civic duty to get in your business and next thing you know - CPS is at your door.

I think having the money for a lawyer and a lawyer in mind if you have had a run in with CPS in the past is a must and I think you definitely want them to know it or suspect it. Once again the easy target idea is explanation enough. If you have truly done nothing and they just need to take away your cute, adoptable kids to ensure they continue to have a job, a fight is more than what they want to deal with. They will look through files of those on public assistance in the county and anyone in trouble for a drug or alcohol charge from when they were 19 would be much better targets. After all, they are poor and have a "history", right? They must be at risk! Because anyone who does not work for CPS may be child abusers! CPS makes no mistakes!

So, all in all, I believe making yourself to look like a target to reckon with, being responsible for your children (not schools, not daycares), and keeping associations with those who may get upset with you and decide the best way to make you pay is to make your children suffer to the bare minimum.

Also - Interesting tidbit from my mother. Nearly all accusations made to CPS for retaliatory or malicious purposes are made by WOMEN. Men will make knowingly false accusations to attempt to get out of child support by gaining custody. Some men will be mandatory reporters and have made a mistake or gotten a little over zealous. But 93% of accusations made by those they can identify as intentionally false are made by WOMEN. Female mandatory reporters are more likely to jump to conclusions of abuse than male reporters. Female mandatory reporters are more likely to do it without giving you the idea that they find anything suspicious, males will typically ask more questions to attempt to rule it out before taking the leap into potentially tearing your family's lives apart. This information comes from my mother, who, while working at CPS, dealt closely with these matters. In my opinion; a male doctor is your better bet and apparently, you might not want to piss of your ex-wife/girlfriend/affair, etc..