What can I do?

General chat area for anything that doesn't fit in elsewhere.

Moderators: family_man, LindaJM

WhiteHaven
Posts: 92
Joined: Thu Apr 01, 2010 6:21 am

What can I do?

Postby WhiteHaven » Fri Jan 20, 2012 12:05 pm

Well wife picked up our daughter from headstart she said she had a visitor today she comes home tells me same thing...said that she asked her about her room and if she has clothes to wear and if she has food to eat if we clean up her room etc etc...So I call the headstart and talk to the director who is a world class piece of shit. I say my daughter says she had a visitor today at school she says yeah just some people stopped by. I said who was it? she says just some people I say was it dfcs? she says I am not allowed to tell you who it was. I say I didn't permission for anyone to come visit my child at school she says well you don't have to you have no right to say no or yes. I said well I will be there Monday pulling her out of school and hung up. Is there ANYTHING I can do to block the scum of DFCS talking to my child when she is at school? If not I pull her out and we deal with it that way very simple she isn't even required to be in school until Fall anyways but she wanted to attend.The lack of giving a crap from the director and asst director have irritated me and the fact they treat us like morons isn't very nice either. This took the cake and I ain't dealing with this shit.So once again is there anything I can do to block them from talking to her at school?

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: What can I do?

Postby Eljay » Fri Jan 20, 2012 12:34 pm

Clearly, you're angry... I get that. But, they have a job and the legal right & obligation to investigate allegations of child abuse & neglect. You're never going to change that. In cases of real abuse/neglect, they don't want the parents in the room giving the kid the evil and intimidating them to keep secrets. Instead, have a meeting with the school and bring them to your side. Let them know about your estranged relatives and their false accusations. Tell them that you've seen/heard of CPS cases that go horribly wrong. Ask that if/when CPS shows up, they can absolutely allow them to speak with your child IF/WHEN a qualified person is in the room with them. This will be up to you.... a police officer, a child abuse investigator, a psychologist, a lawyer, a trusted family friend, etc. In our case, I asked the principal to make sure that there was either himself or a teacher in the room if/when they ever came back to talk to the kids. (I got lucky the day that they tried and had pulled my daughter out of school early .. thank you intuition!) I also insisted that the kids were never alone with anybody, EVER, except for their therapists, and my kids were 11 & 12 at the time!

Homeschooling is an option if you don't want to risk this in the future.
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: What can I do?

Postby family_man » Fri Jan 20, 2012 3:29 pm

In my state (TX), the CPS investigators are allowed to interview the child without parental consent only in a "public" place. This includes public schools but not private ones. When my family was being monitored, I put one of my boys in a private school that sympathised with what I was going through. They were great at stonewalling CPS, not returning phone calls, etc. Not that there was anything to hide. I just wanted to take special caution that little things wouldn't get exaggerated, like they did before. Not all private schools will do this, however, and will "fully" cooperate with CPS.
Disclaimer: I am not an attorney, and this is not legal advice.

WhiteHaven
Posts: 92
Joined: Thu Apr 01, 2010 6:21 am

Re: What can I do?

Postby WhiteHaven » Sat Jan 21, 2012 9:13 am

So there is nothing I can do to stop them from coming to her school and talking to her? I thought there was some paper I could file with her school not allowing it? I mean if this is not the case then Monday morning she is being un enrolled from there. The lady was disrespectful saying I had no right to know who was there,no right to say they aren't allowed to talk to her when she is in school etc. So I send my kid to school to get an education and they turn it into a anyone can come chat as long as they want type of deal.Good thing my child takes notice of the questions that were asked and even remembered what color hair she had so I know who it was and it wasn't the one I suspected..its not even the lady that was supposed to take over the case workers cases its another lady I assume a supervisor.The guy case worker we had knew he could go talk to my daughter when she turned 5 that was in November yet never did. Obviously he was smarter than I gave him credit for because he knew what would have happened if he did. Now he is supposedly out of town. I think that's a crock of shit personally. So anyways there is no paper I can file that makes it to where they can't talk to her in school without my permission or notice? Me and the wife are discussing what to do either going to pull her out Monday or might wait till end of month since supposedly they were closing the case this month but we have to go to court to do so and we still haven't gotten any notices.

User avatar
Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: What can I do?

Postby Daruma » Sat Jan 21, 2012 9:55 am

There's something called a Hatch letter (I think) that you can send to the school. It's pretty rare, though, so schools often forget they have them on file. The law gives caseworkers the right to talk to your children. What the law doesn't do is require children to answer. If your daughter were older, you could just tell her not to answer any questions. Since she's still so young, I'm not sure how you would explain it without frightening or confusing her.

Now, may I be blunt for just a moment? Keep in mind I'm on your side.

I can tell how angry you are. I don't blame you one bit. But my son was angry like you, and CPS used that to their advantage. Please don't let them do the same to you. CPS loves it when parents get angry, because then they can paint you as crazy, deranged, and unsafe. Please try to be calm, even cordial if possible, when you deal with teachers, doctors, etc. It's a mystery to me why these people expect fathers to stay calm and nonchalant when they take your babies away, but they do expect it. (My own opinion is that it's veiled sexism; most of these professionals are women who consider male anger some sort of pathology.)

Here's something to watch out for. Knowing how angry my son was, his caseworker would come up to him just before court and make some sort of insulting personal remark (out of everyone else's hearing, of course) to get him all riled up. She was hoping he'd be too angry to present himself well in court. You, too, should be wary of your caseworker using your anger to make you look bad. Remember: They want to make you look like a threat. That's an essential part of what they do. Don't do their work for them.
These are my personal opinions only. They are not legal, medical, or financial advice.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: What can I do?

Postby Eljay » Sat Jan 21, 2012 12:36 pm

WhiteHaven wrote:So there is nothing I can do to stop them from coming to her school and talking to her? I thought there was some paper I could file with her school not allowing it?


You've got to look at the other end of the spectrum here... you're dealing with false accusations and the risk that CPS will blow something out of context. I get it! On the other end of the spectrum is the child whose father is raping her every night, telling her that if she says anything, he will kill her mother, then kill her. That child *absolutely* needs someone to talk to her privately, tell her that she will be protected, that her mother will be safe and that its okay to tell this a teacher, aunt, friend, AND a CPS caseworker about what is happening to her. You've got realize that those horrible scenarios *are* happening all over the place and a CPS caseworker is going to get the exact same referral for either false or real accusations and not know which one is real and which is false until she goes and has that conversation with that child.

The ideology of CPS is a good thing, it's just gotten out of hand in many locations (ya know, we NEVER hear from anyone in Montana!). You just have to work within the system that's already in place and learn how to manage the threat. In your case, knowing what a huge risk factor your family is, I'd seriously consider keeping them at arms length for the next 7-8 years, until your daughter is old enough to be able to know what a bogus CPS investigation can do and you can teach her how to manage it if they ever show up again.
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

WhiteHaven
Posts: 92
Joined: Thu Apr 01, 2010 6:21 am

Re: What can I do?

Postby WhiteHaven » Sat Jan 21, 2012 1:03 pm

I looked up the Hatch letter but its for them teaching something to her that I don't approve of...There was a document on the family rights site before but now I can't find it that makes it to where they can't talk to her.

User avatar
Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: What can I do?

Postby Daruma » Sat Jan 21, 2012 1:38 pm

Maybe this is what you were looking for:
http://familyrights.us/bin/FORMS/hatch_letter-version2.htm

Section 439 of the General Education Provisions Act (20 U.S.C. 1232g) is amended to read as follows:"PROTECTION OF PUPIL RIGHTS"Sec. 439. ...
"(b) No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—
"(1) political affiliations;
"(2) mental and psychological problems potentially embarrassing to the student or his family;
...
"(5) critical appraisals of other individuals with whom respondents have close family relationships...


Whether you can use this to your advantage or not, I can't predict. But there it is if you need it.
These are my personal opinions only. They are not legal, medical, or financial advice.

WhiteHaven
Posts: 92
Joined: Thu Apr 01, 2010 6:21 am

Re: What can I do?

Postby WhiteHaven » Sat Jan 21, 2012 8:31 pm

Yea that's the one I found there as well. Its not the same one. The one I had before specifically mentioned DFCS not being allowed to come to my child's school without my permission to speak to her..I guess I need to hook my old computer back up and get it off the bookmarks...

survivorsofcps
Posts: 182
Joined: Wed Sep 19, 2012 2:50 pm

Re: What can I do?

Postby survivorsofcps » Wed Sep 26, 2012 11:54 pm

It may be a little late but this is the one your looking for -REVERSE MIRANDA –

FRONT
NOTICE TO GOVERNMENT AGENTS
You are hereby informed:
1. I am exercising my right to remain silent.
2. I am exercising my right to speak with my parents now.
Notify them immediately.
I WILL NOT ANSWER ANY QUESTIONS AT THIS TIME WITHOUT MY PARENTS AND MY ATTORNEY BEING PRESENT

BACK
Father: (Name)
Home Phone:
Work Phone:
Pager #:

Mother: (Name)
Home Phone:
Work Phone:
Pager #:
8)


Return to “Round Table”

Who is online

Users browsing this forum: No registered users and 2 guests