Kinda Stuck on what to do

[redhot9500]

Ok heres my situation!
On the record at court the CPS worker when asked by the referee when my children were removed and reported the date of February 8th, No one stood up to correct her? The children were really removed on January 12th. So she broke the law and lied on the record to save her butt. Now i have been told this is kind of like, when a cop doesnt read you your rights and you then have to be released??? Saying that i could get this CPS worker in ALOT of trouble because she ran downtown detroit and filed that petition the day that i found out that my sons father gave him a bloody nose. Then she didnt check the homes of the fathers where my children are now residing til february 9th our courtdate! Hmmmm! Because now after all the research i have done it is in the michigan state law of child wefare that a petition MUST be filed with in 24 hours of the children being removed and this lady waited a month and then again lied on record and said they were removed the 8th so that she could save her behind cuz from the 8th to the 9th is of course 24 hours, but from the real date of january 12th would be a month!
Now onto the other point of confusion is that i got a call from my lawyer and he was so happy he said he got the Judge that he wanted and that this judge thinks he is the best lawyer in Michigan! So he said that this judge is going to tell this CPS woman that she can try all she wants to take away my parental rights but it will be a waste of her time, also he said i would get my visitation when we go back court date is the 27th of this month and that i will have a list of things to do of course and it may take a bit but i will get my kids back he said the worse that will happen out of alllllllllll of this is that there will be a custody battle between me and my sons abusive father where my son is placed right now! So should i hold my tongue on the illegal things that this CPS worker had done and just wait til after i get my kids and then fight her or what? im a bit confused i dont want her to find more against me but wouldnt she be fired or in trouble for what she did cuz even her supervisor wanted to know why i didnt already have a court date since the kids had been gone so long??? so help me out please???

[Frustrated]

She illegally and FALSEFIY Records! That is by sacture ILLEGAL by LAW! She needs to be punished and fired from her Job. One month all for nothing? She put you through undue hardship that wasn't necessary in the first place.

If I were you, I would have the Lawyer mention the date of Jan. 12 when they were actually removed. I would file the Declaration of Facts sheet and hand it in. You need to prove with witnesses and documents that your Children were in fact removed on Jan. 12th, not Feb. 8th. The Judge will see that and will have her punished, and must dismiss the Case because it was based on False pretenses.

When you get your Kids back, it looks good for a Lawsuit to sue that Caseworker for falsifying records. You have PROOF! I think she will be charged with a Criminal Offense and will go to Prison for that. That is what California Caseworker did, and went to Prison for falsifying records.

I would highly recommend you to ask your Lawyer to request COMPLETE CPS FILES, ALL OF THEM. She probably deleted everything out with white outs, black it out....but she cannot falsify placement order with the abusive father. It has to be filed. Unless she did everything out of thin air, which means it never existed. So that means the Case never existed as well.
I would write a letter to the Supervisor, with your Lawyer's help, to put in the date of removal date was JAN. 12th and cc. to Caseworker, and cc. to Director, and cc. to the Judge. This way it will leave a Paper trail and boy, boy is that Caseworker going to be in GREAT TROUBLE! She will see in the morning that she will no longer working there or being shafted or replaced.

You will be seeing a New Caseworker on the 27th or thereafter. It is procedure and it happens every time a Previous Caseworker screws up the Case.

It just to show how corrupt these CPS People are....and this is it. Imagine...if she did that to you, then how many Cases out there they did with??? How shocking. Possible 100 Cases under False Pretenses. God Forbid if that really happened. Just how many Cases indeed?????

[redhot9500]

All of us that were in this little meeting have the same paperwork which was about 8 of us stating the kids were being placed with their biological fathers on January 12th, 2007!

[Greegor]

Physical removal Jan 12
Court removal order Feb 8th.

We had physical removal Feb 8 2001
and they didn't file for court removal order
for 21 days.

Are you going for a full adjudication hearing
or (the usual) stipulation scam?

If you fight in an adjudication process
you can argue that the caseworker
is under a lot of pressure to MAKE a case
to justify the illegal removal without a court order.
You can squawk about how removal without
a court order is illegal and how the caseworker
used the month of illegal control to obtain
dirt to make a case. You might even argue that
the search and seizure of your child represents
an illegal search and seizure (4th amendment)
and argue that everything discovered as a
result of this illegal search and seizure is
NOT admissible.

But if you have the ordinary public defender
puddin head attorney, they wouldn't likely
afford you the VIGOROUS REPRESENTATION
you are entitled to.

Adjudication coming up or did you stipulate?

If you had a truly good attorney, you would
not need the advice of anybody here.
The system is so full of holes, broken regulations,
bypassed requirements etc. that if you
could hire a Dream Team, you would win almost every time.

CPS agents know this and don't go after
people with wealth who will hire a Dream Team
and win almost every time.

They go after poor people stuck with
attorneys who are SUBSTANDARD and who
just play along with everything spoon fed to
them by the state itself!

Because of the LIBERTY INTERESTS at stake,
the burden of proof is CLEAR AND CONVINCING 75%
supported by caselaw, but state law specifies
a lower PREPONDERANCE 51% burden of proof.

Most attorneys, "public pretender" or not will
actually believe they function with the state
specified PREPONDERANCE standard even though
higher law requires CLEAR AND CONVINCING.
If your attorney doesn't clarify this and bring
up this argument, you can not appeal this.
Bringing it up, even if ignored, "preserves
the issue for appeal".

Ask your attorney about which issues
they will actively preserve for appeal.

If you stipulated, then look into RETRACTING
the stipulation formally in the court.
Most attorneys will tell you that you can't.
See if you can guess WHY?

Know that you are not alone.

[Frustrated]

If you stipulated, then look into RETRACTING
the stipulation formally in the court.
Most attorneys will tell you that you can't.
See if you can guess WHY?


What do you mean? Does that mean if you said something like offering information and wanted to take it back, it is too late? It is already in Court Records or in their REPORTS?

Question: HOW can you KNOW if it was filed as FALSE PRETENSES and UNDER DURESS? CAN YOU STILL RETRACT??

Same as you would rescind signatures of Service Plans. Can you still rescind the stipulations because you were under duress and forced to offer information????

Very good Question though!

[Frustrated]

For example:

"If you don't tell me something, I will remove your Kids".

If you don't sign this Service Plan, then I will remove your Kids".

That is how you stipulate to offer information in order to protect your Kids from being removed.

Proving that you were forced and under duress is HARD. You need to account what they SAID.

Request their COMPLETE CASE FILES, and you can see what they worded in the reports of WHAT YOU SAID and you can say that this is untrue and you were UNDER DURESS/FORCED TO SAY something.

Retraction of something is going to be tough and harder. You would need PROOF or a WITNESS that heard you said that, or didn't say.

"Your Honor, this is not what I said, I was told that if I don't sign the Service Plan, they said they will remove my Kids right at the spot."

Judge would say "do you have any proof of this?"

uhhhhhhhhh how would you prove CPS's CORRUPTION?!

THAT IS WHY A WITNESS IS VERY IMPORTANT! Or have a Letter and have them sign to what communication entailed in these meetings. Tape Recordings are one good way to go about it.

[Frustrated]

I forgot to mention, you can bring your Lawyer to these Meetings, and be sure he is with you at all times every time you meet the CPS Worker. This way, there would be NO Stipiulations. The Lawyer would make sure of it. But then again, the Lawyers could very well work closely with CPS telling you to give in to the Service Plan! These are the kind of Lawyers you need to stay away from!

I just found out that my Lawyer WAS A CPS LAWYER! What a shocker. That is why he told me to do whatever they say.

[Marina]

A stipulation happens in court and is like a plea bargain, maybe with no guilt or innocence, but means you will go along with the program.

If you rescind the stipulation, then I suppose that means you want a full blown trial with witnesses, evidence, etc. to challenge the original allegation of child maltreatment. If you ask for that, then it means that the lawyer should never have plea bargained on your behalf in the first place because you are innocent.

This is my understanding of it. Others can add and tell what they think it means.

[Frustrated]

I think there are two places where stipulation occurs. One in Court and one to CPS. Two totally different things. Stipulation to CPS and they can totally take it out of context and put lies to it. Stipulation to the Courts and they cannot fabricate, and lie. It all goes on Court Records. CPS cannot change Court Records, but they can change their Case files with their "Oh so famous white out's and blacking it out markers". Courts cannot do that. The truth lies within the Court Records.

Plea Bargain with no guilty and no innocence? There is no go "between's". Plea Bargain means GUILTY! It means something did indeed "happened". It won't show that you are innocent! For example, if you agreed to do some Services, that means you are guilty in THEIR EYES! Something INDEED HAPPENED.

IF YOU ARE INNOCENT< DO NOT AGREE TO NOTHING! NO Services, no anything. Just stick to your innocence. Do not sign or stipulate. That's what it means. IT is risky though because CPS THREATENS AND THREATENS AND THREATENS UNTIL you give up!!

Stipulation to the Courts and Courts CANNOT THREATEN, they only COURT ORDERS. They can court order you to take Psch. examination, they can court order you to take these "holy services" even though if you are innocent. It really sucks, I know. There is no show of innocence when it involves with these CPS People. Almost every time.

That is WHY the PROOF can DAMAGE THEIR CREDITABILITY. If the Judge sees the proof, then he has no options but to dismiss the Case! You need proof/evidence that shows your INNOCENCE!

Tape recording
Witnesses
Documents
Medical Records
Paperworks
Their Paper of Communication and Responses
Videos and Pictures
Declaration of Facts

All of these goes in Court Records and CPS CANNOT CHANGE COURT RECORDS, but they can change their CPS Files. They can do damn all they want, but these Court Records show the Truth.

TRUTH ALWAYS WIN! Don't EVER let them conceal the Truth. Show it! Be bold and Fight them.

[Frustrated]

There is another way to stipulate which is interviewed by Cops. Oh boy...there is always Good Cop and Bad Cop in every situation. They will interview and threaten you, make you feel bad, then promises you that you will be spared....blah blah blah...etc...etc...they are similar to CPS. But I think CPS are worst by its standards. They lie constantly. Cops can't lie. They have to write up reports and have the accused write its confession. That's Stipulation.

Every accused who is charged by the Police should be told of Miranda Rights. The right to remain silent, the right to his or her Lawyer/Attorney. Anything he or she tells the Cops can be used in Court.

Anything you tell CPS won't be used in Court or heard in Court. They fabricate reports and falsify records constantly. Cops can't falsify records or they will be in big trouble with Internal Affairs. Too bad CPS does not have Internal Affairs. I wish they have one. Oh wait a minute we do.... State Ombudsman. But they don't do a good job as Internal Affairs does.

[Greegor]

Marina's got it.
The vast majority of families who fall prey to CPS agencies,
guilty or innocent, are pressured into a "stipulation".

There is some mechanism, perhaps the bar association
which encourages attorneys to urge every client
family to "stipulate'.

Stipulate in english would usually be TO assertions
or TO some terms. In the context of Juvenile Court
stipulating is tatamount to a guilty plea.

CPS and the prosecutor will do something like a plea bargain,
promising you only have 2 or 3 services to do.
You are agreeing in essence that CPS "owns" you.
Then the usual thing is CPS heaps on many more services
than promised and you are SCREWED.

It's like a plea bargain except they generally do NOT
live up to the terms of the bargain.

Massive numbers of innocent people stipulate
because they are told they will only have to
do parenting classes etc. and they say to themselves
that taking a parent skills class isn't so bad,
so they go for the deal.

THEN they find out that CPS has IMPOSED
a huge services plan onto them and their
attorney won't fight it.

My SO had a complete jerk of an attorney who
was a newbie, a son of another attorney.

When questioned directly about this concern,
this attorney promised that if CPS broke their
promise of an easy two item Service Plan, he
would get feisty and fight it for us!

When the LOADED Service Plan was issued,
he BAILED, withdrawing!

There is apparently NOTHING to enforce
the ""bargain"".

This is why I wouldn't recommend "stipulation"
even for GUILTY parents. They can just LOAD
UP the Service Plan and your own attorney
won't help you RETRACT the stipulation.

You're more likely to get an easier Service Plan
if you do a full blown adjudication hearing.

They are supposed to give every family that required
"Family Active Participation in the FORMATION of the Service Plan"
but when they try to IMPOSE a crappy rigged Service Plan
to fish for dirt, like they did to us, this process would
be an obvious place to SCRUB services that are without basis.
This is WHY they refused all of our requests for
the Service Plan to be fixed, and refused to give us
the required "Family Active Participation In the FORMATION Of The Service Plan".

This knowing and deliberate refusal of those two
things would have been huge barrriers to TPR as well.

[Frustrated]

Question:

What happens if we don't get Service Plan as agreed in Court? Say no? does Judge orders it anyways?

You are right, I had two Service Plans and they fished for information thru Counselling. Then they offer more services for us to take. Just when the Plan started to expire in 6 months, they came back for a new CPS Case and impose some more. It is crazy hiatus system!

SAY NO and you will not be involved in their conspiracy HIATUS System that keeps on going around and around with no where to stop. It just keeps on spinning. That is what it feels like.

When you don't sign the Service Plan, you will have no part of their wacky hiatus system full of broken promises. I have been there and I know how they work. I got 7 Cases for the past 7 Years just enough to know what they are up to and it is downright dirty and corrupt.

Do not sign Medical Release because it OPEN the DOORS to every doctor that you had. including PSCH. Doctors. Even one little visit to the ER, they will have that record. Even if you are receiving counselling, they will also have these Records because Therapists FALLS UNDER THAT CRITERIA. Anything you tell to your Therapist, CPS will know firsthand in the morning. Nothing is ever CONFIDENTIAL. Even between your Doctor and Patient Confidentiality, it is breached once you sign that Medical Release called Hippa Laws.

[Greegor]

For almost every problem, like bad service plans, file
a complaint in court and ask for a constructive alternative.

CPSWATCH used to suggest that you should propose
YOUR OWN service plan in court, to counter theirs.

Ask for services that work in your FAVOR, if possible.

In our case the accuser/kinship caretaker had been taking
Prozac for 8 years UNRELIABLY, which is really bad.

Our counter Service Plan asked for psychIATRIC evaluation
and care for the mental case kinship caretaker.

They refused of course, as with so many of our attempts,
but the filings set up APPEALABLE ISSUES and prove
that the agency and court had no intention of doing the right thing.

Who knows? Maybe your court will actually accept the
Service Plan you offer, especially if you point out
that they didn't allow you "Family Active Participation
in the FORMATION of the Service Plan"..

[redhot9500]

Ok everyone who has replyed to my post could you please explain what you are saying? Because honestly i just tried to read all of that and im lost. I really believe that this woman has broke the law and it sucks because i could have had my kids this whole entire time up until the 8th when she hurried up and ran downtown after finding out that he was physically abused by his abusive father and they even took my son up to the police station where my son already admitted that it DID happen and made him lie and say that i called and told him to tell the school that his dad beat him then he would be able to come home which was a complete lie. My son is stuck in this abusive home and there is nothing i can do. Honestly i dont want to do a plan because i am INNOCENT!!! If it wasnt for me calling and reporting what happend to my daughter none of this would be known i just dont get it and dont know what to do. I mean is everyone saying that CPS own LAWS dont matter. I mean its right there http://www.michigan.gov/documents/MCWLChap6_34811_7.pdf

Thats the link where i found this law its number 6.2.2 and i dont understand how they could do this.

Another point is that they are changing this case more to a custody battle with my son and nearly dropped the fact that my daughter was sexually molested. THIS whole case is just messed up and rediculous, i asked for a polygraph test january 12th when they took my babies and she immediately said no me and the detective agreed no to that. I went home and called the dective and he said he dont even understand why she took them in the first place??? and he was there for this whole forensic interview and talking to me politely unlike her. Then she called me and told me that the officer that took the initial report told her i was "wasted" when i came in to make the report, i called that officer and he said hes never even spoken to her never! I grew up in this city born and raised all 29 years i know alot of the cops and detectives, i even still talk to the dective to this day. I mean really why cant i take a polygraph test, i want to prove my innocence that as soon as i found out what happend i immediately reported it. Why would i wait it just dont make sence even my lawyer agrees and i do have to say to me he does seem like a GREAT lawyer and i talk to him alot but i havent brought this up to him yet?!?!? But please clue me in on what everyone is talking about in all the last replys besides the very first one??? Thank you

Sheila

[Marina]

Most of the people on here are in your situation. They somehow come into contact with the System, through actions taken by someone else -- false accusations, being at the wrong place at the wrong time, etc, and find themselves sucked down into quicksand.

When it goes to court, nobody cares why you got there in the first place. The only thing that matters now is what you and your family NEED. The concept of CULPABILITY or fault goes out the window, and it is a race to find things that you NEED.

This is where the Stipulation comes in. They hold your family hostage until you agree or stipulate to participate in SERVICES, which generate funding for the agency for a year. The court gets funding for foster care and adoption also, so that is why they have a vested interest in tearing up your family.

So your strategy now has to focus on how to deal with Services, not whether you are guilty or innocent.

[Frustrated]

I agree with Marina and that's why you are screwed EITHER WAY. Once you are IN CPS System, you are screwed anyways!

Most INNOCENT PARENTS had to SUCK UP and DO SERVICES and it does NOT MATTER TO CPS if you are INNOCENT OR NOT!

That's why Greegor is suggesting and I do agree with him because I have done this twice on my own before. Which is to offer them that you will do Services. Be one step ahead of them. DO NOT DO CPS SERVICES! DO YOUR OWN SERVICES PRIVATELY! Offer that you will get "therapy" or something of its nature. Because they will OFFER you anyways. You DO NOT WANT To be in their System.

The reality once every Family is in CPS SYSTEM, THEY ARE SCREWED!!! There are NO way out unless if you fight HARD and find DAMAGING EVIDENCE AGAINST THEM. CPS will get the Judge to court order Services on you anyways because most Judges will agree to CPS' Recommendations.

BUT! If you have Proof that there was nothing going on and you DID PROTECT YOUR KIDS, you need PROOF! You are going to be looking for a LONG HARD...FIGHT!

Most Parents had to do SERVICES. Alot of them and probably most of them are Innocents. CPS DO NOT CARE BUT JUST CARE ABOUT MONEY ONCE THEY PUT CHILDREN INTO THE SYSTEM.

Sure the Caseworker did lie about the Removal Order Date, but that is on the TIP OF THE ICEBERG because they are going to bring up the other stuff like you didn't protect the Kids and let the molestation going on..and that you knew about it. You NEED TO NIP THIS IN THE BUD! Tell the Judge at the FULL ADJUDICATION HEARING THAT YOU REPORTED IT and YOU TRIED TO PROTECT THE KIDS BY REPORTING IT.

Remember CPS always offer Services this and that...no matter what you say! They'll say you are GUILTY! It is harder to prove your innocence when the CPS tells the Judge you are Guilty!

I would suggest you to move your Case to FEDERAL COURT because CPS HATES Federal Court because if they find that the Caseworker LIED about the DATE, then they are IN DEEP TROUBLE! But in Family Courts, the Judge just don't care and will "agree" to CPS' Recommendations and stamps them and off you go as a Guilty Parent. That's the end of it for you. You need to move the case out of Family Court, but STAY AWAY FROM JUVENILE COURTS< IT IS WORST! Many Families had LOST their Case through Juvie Courts EVERY TIME! Family Courts is more like CPS 95% WIN and 5% Family Wins. Federal Courts, Family WIN 100%.

[redhot9500]

Ok so how do you move it to federal court? I want my babies back just like everyone else who is going through the same situation. My Lawyer did say that the judge we got thinks that my lawyer is the best lawyer in michigan! And he said i will get my visitations and then have to do all the other stuff and that the VERY WORSE that will happen is that there will be a custody battle between me and my sons father but if i could just get my boy home hes not afraid of me and when hes home and feels safe he will tell me EVERYTHING that A** hole did to him, including that he did hit him in the face and gave him a bloody nose, i mean yes my son is only 11 but he is also only 65lbs to where my 6 yr old daughter is 62 lbs not much of a difference in weight being 5 years a part! lol i love them! So any suggestions i dont mean to be a bother if i am but it just seems that all of you have helped me out since the very beginning. Thank you

[Gary Shaw]

Red,
I did not see where you posted the Reason(s) they gave for removing your children.

You can't get the case moved to the Federal Court. You can if you choose, file a claim against the case worker, against the supervisor, against the Child Protection Agency in Michigan, against the state of Michigan and against the Judge (Referee) for violations of your Constitutional Rights as granted by the U.S. Constitution under these Constitutional Amendments:

4th - IF, they illegally entered into your home without your permission or without a legal search warrant, issued by a sitting Judge (with proof of probable cause and supported by oath or affirmation) and names what is to be searched and the persons or things to be seized.

5th - by not holding hearings and not filing petitions you have been deprived of your right of life, liberty and property without the due process of law.

6th- you have the right to a speedy trail (also federal law defines the timetable for the required court hearings in child welfare cases). You must be informed of the nature of the charges against you and the cause of the accusation. You have the right to be confronted by the witnesses against you. You have the right to compulsory process for obtaining witnesses in you favor. (Get a full copy of your case file, you are entitled to it, ask you lawyer to file a Motion of Discovery for it).

7th-You have the right in Suits at common (civil) law to a trail by a jury.

8th- Excessive bail shall not be required, nor excessive fines imposed, not cruel and unusual punishment inflicted.
HOW MORE CRUEL OR UNUSUAL CAN A PUNISHMENT BE THAN TO RIP A MOTHER'S CHILDREN FROM HER HOME.

You report a violation of your Constituional Rights to the Federal Bureau of Investigation (FBI). They are the investigative arm of the US Department of Justice. They are required by mandate to investigate EVERY claim of a civil rights violation and to report their findings if valid to the US Attorney's Office. If the US Attorney deems there is a case they will file suit, IN FEDERAL COURT, and at their expense.

The prices we have been quoted for an Attorney to file in federal court starts at $50,000 retainer.

Quote:

So should i hold my tongue on the illegal things that this CPS worker had done and just wait til after i get my kids and then fight her or what?

Never hold your tongue. In a very professional and business like manner always speak you mind. You and you alone must become knowledgeable of the Federal and State Laws, the Child Protective Services Guidelines www.childwelfare.gov and the Policies and Procedures of your state's CPS unit. You and you alone must know enough to push your attorney to represent you well and to manage your representation.

If I were you I would immediately tell my attorney I want him to file a Motion to return the children and another motion to hold the case worker in contempt of court for lying. I would ask him to contact your local District Attorney's Office and file the same complaints.

[redhot9500]

Ok for everyone who does not know i am going to retell what life has become for me now!
On January 3rd, 2007 my 6yr old daughter and her 12 yr old little friend who i babysat alot after school came to me and told me about something that had happend between my daughter and a little boy trying to touch her and then of a little girl down the street who had touched her with fingers, i addressed their parents immediately. Then it made me think to ask about any others. So i sat down my little 6yr baby girl and asked her who all has touched her she told me the kids names then i asked her about if anyone older like mommys age or around mommys age, she looked me in the eyes and said "i dont want to get in trouble" I held it together at that point and told her baby mommy is here to protect you mommy doesnt want anything bad to happen to you and i promise you WILL NOT get in trouble she then came out and told me yes someone had a relative of mine who lived with me in the beginning of 2006 he is 25 yrs old. First thing i called her father and left him a message 2nd thing i took her directly to her doctor where he verified that she had been sexually molested her hymen had been torn between 6-12 months old the tear was. After that i went to the police station and filed the complaint and charges and everything. I have the doctors notes and the police report all from January the 3rd. After the police station i came home and called CPS like i was told to do by both the Doctor and the Police officer, of course at that point they were very nice to me. They asked me if i would bring my kids in for a forensic interview on january 11th to me the way they explained it sounded like a good thing for my daughter so i agreed. So on the 11th off we went. The kids both had their interviews while i sat in the lobby after each interview was done they took me back to this little room where i got to meet the CPS worker and the Detective personally. The CPS worker wouldnt really say much to me but the dective was telling me what i should do about getting her into counseling and not allowing traffic in my house or else this could happen again he was very nice. Well After the CPS worker got off the phone she said she had scheduled a meeting for the next day called a Team Decision meeting she told me to bring EVERYONE who played a part in the childrens lives so i did about 8 people. Then on the 12th we all went now this is the 12 of January. Thats when she told me my kids are being placed with their fathers because i failed to protect. I asked for a polygraph test she said that her and the dectective already decided no on that. I just broke down and lost it pretty much. The CPS worker said that my children told in the interview that they told me before and i never did anything about it. Doesnt make sense to me why would i do anything now then? Any how on these papers i have with everyones signatures but mine i did not sign some lady signed my name for me and initialed it for me (dont know if thats legal). At that time she said i could see my kids up to the fathers, my sons father would not allow me my daughter father let me see and talk to her daily. But the CPS worker that day said that the petition would be filed the day after Martin Luther king day then i noticed in these papers just yesterday that the time frame she gave herself to file the petition was until 1-19-07. How ever she waited until my son told me on a phone conversation on Feb 8th 2007 that his father had hit him and gave him a bloody nose thats the day she ran down town at 3pm and filed the petition after i called the cops and filed the report and even my son told them the same story but however they made my little boy go back up to the police station and lie and say that i told him that if he told them that his dad beat him he would be able to come home. That was a lie for one thing i know he wouldnt be returned home he would be sent elseware! However of course my court day was 24hours after the petition was filed like it was supposed to be originally! Then that day at court ON THE RECORD the CPS worker when asked by the referee the date that the children were removed she said February 8th, 2007! She bold faced lied on the record, then she didnt even go and check the homes of the fathers where my children are til the day of court when that should have also been done a month ago. So at court noone stood up and corrected that date why i have no idea!!! But all my visits were taken away and everything. My lawyer said it was a new referee who didnt have a clue what she was doing thats why he didnt say much except he filed a motion for visitation and the attorney general told him she needed it in writing so he said "well let me grab a sheet of toilet paper here" which i thought was pretty funny of him and he did write it down and threw it at her but she threw it back at him! So i dont know. So theres the whole thing pretty much i think. Other then my sons biological father is abusive and i made them aware of that but they didnt care i even had proof of it! So now everyone please let me know what you think? She did break the law she was supposed to file that petition by the 19th of January like it says on this paper i have sitting right in front of me. And like i said its becoming more of a thing between my sons abusive father, the CPS worker, the kids lawyer and the beaters lawyer and the attorney general. I was also told that the CPS worker and the Attorney General are NOT supposed to sit next to eachother in court i dont know about that though just something i was told so someone please tell me what u think and how you feel something anything

[Marina]

Keep educating yourself.

Keep making noise.

Make your attorney work for you.

What is happening to your family is not right.

[redhot9500]

Thank you i just wish i knew exactly what to do! I wish i knew if this worker could get in trouble for what she did or not? I mean its in the laws, i printed them out and highlighted right where she broke the law, i guess i should give it to my attorney on the 27th my next court date. I know it wasnt a mistake that she said the 8th she did it to save her A**!!! I want her to pay!

[Frustrated]

This one is better for you as Greegor suggests and cheaper:

If I were you I would immediately tell my attorney I want him to file a Motion to return the children and another motion to hold the case worker in contempt of court for lying. I would ask him to contact your local District Attorney's Office and file the same complaints.

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I am not sure how to move the Case to Federal Court but my friend on this Board, under Dausbering did that before, he goes into the Circicut Court and file for Suri Juris. Something like that. or something of that nature. You can check under the Member's name Dausbering. He did the Federal Court thing and won. I forget the name of filing under what? My mind seem to escape me. I am sure it is under Federal Court Boards on how to file? But expensive. But it is a Win every time you go there.

Better safe use your Lawyer and work from the Court and get your Kids back and then WORRY ABOUT PUNISHING CPS WORKER AFTER.