Please Help!

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

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rnrharris08
Posts: 4
Joined: Thu Mar 29, 2012 12:06 am

Please Help!

Postby rnrharris08 » Sat Mar 31, 2012 5:48 pm

My family has now made 2 false reports of child neglect to cps in Texas. I know why they are doing this. I have a medical issue that I have been battling for 4 years now, they say because I'm sick that I am unfit to care for my children. This is far from true. I put myself in pain to insure I can care for my kids, and play with them at times. I have put off surgeries I need in order to pay for my sons needed dental treatment, as well as for services for my daughter whom is special needs. I need them to stop and I am wanting to sue them to get them to back off. I am having back surgery and they just filed another report which needless to say is putting me under stress that my body shouldnt/cant take at the moment. Any information or advice would be appreciated.

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

Re: Please Help!

Postby Eljay » Sat Mar 31, 2012 7:12 pm

It is a felony to file a false child abuse report in Texas. You should call the police to have them investigate. Even if the person called in "anonymously" it can be traced. You see, whenever you call a WATS/toll free or "800" number, you CANNOT hide your caller ID. So, if the false report was significant enough, then have it investigated.

You should also take a very guarded approach to any future investigations. I'll give you a link to the written/letter approach to responding to CPS, followed by the script should you wish to go with the live/verbal response.

(note: may not apply to every state, but give it a shot anyhow)
viewtopic.php?f=82&t=11828


CW: I'm here to investigate a report we received at CPS regarding your child.
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 report that you chopped off your child's foot.
You: Are there any other allegations?
CW: No.
You: Here's my child's foot, as you can see it firmly attached to his leg.
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: I need to see the home to see if it's clean.
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.

Get the gist?
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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rnrharris08
Posts: 4
Joined: Thu Mar 29, 2012 12:06 am

Re: Please Help!

Postby rnrharris08 » Sat Mar 31, 2012 8:32 pm

I thank you for your reply and information given. I have done some research on the subject and contacted police about the continued allegations as well as my father telling my husband he has 24hr to hand my children over or else. I was told nothing could be done at this point because I was able to stop my father and sister from taking my kids without my permission. Let me explain.... As I stated before I am having back surgery and currently on muscle relaxers and meds for swelling. However I can not take these when I need to pick my kids up from school or bus stop. Sadly this caused my legs to go numb and buckle from under me. I twisted my back more and was on the floor in tears, un able to move. My daughter couldnt reach my hubby at work so she called my sister to help me off the floor. But they left me on the floor and demanded my two kids to pack clothes cause they were taking them. At this point my legs were still numb, my husband was on his way home and my daughter didnt want to go but they tried to force them. At that point I forced my self up by pulling myself up on the couch. we got into it real bad, my dad raised his hand at me and said he will take my kids. Due to the numbness in my legs I was not walking right but I managed to get them off my property and call the cops. but since they were not taken nothing was done. Do I contact a lawyer since cps and cops are doing nothing or do I stop all contact with them. I've stopped contact but it just doesnt seem to be enough to get them to back off. I will be down and out for a few days after surgery, which means it will be almost impossible for me to stop them from taking them on my own. The cops seem to care less and I'm ready to cancel my surgery so I can protect my children but that is not a good idea. I am so mad and lost that a million thoughts are going through my head. I can deal with cps, but my family is something totally different if you know what I mean. They should help me with my up coming surgery not making it harder!

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

Re: Please Help!

Postby Eljay » Sat Mar 31, 2012 9:38 pm

rnrharris08 wrote: I've stopped contact but it just doesnt seem to be enough to get them to back off. I will be down and out for a few days after surgery, which means it will be almost impossible for me to stop them from taking them on my own. The cops seem to care less and I'm ready to cancel my surgery so I can protect my children but that is not a good idea. I am so mad and lost that a million thoughts are going through my head. I can deal with cps, but my family is something totally different if you know what I mean. They should help me with my up coming surgery not making it harder!


I'm sorry you are going through so much pain. It must be hard. Here's the thing... CPS is of the perspective that a physically unavailable parent is an incompetent parent. I happen to agree. You've got to think of worst case scenarios.... if your child fell in another, or even another floor, how would you get to him/her? If the house caught fire, how would you get the kids out? If you are incapacitated, you should not be the sole provider. I'm sorry that you don't have the trust in your relationship with your dad & sister to let them take care of the kids for you until you are better. If you don't have someone that can do that, then hire someone to take care of you and the kids. Your health insurance might even cover the cost of having a home health nurse or attendant during your recovery. Whatever it takes to keep them home, do it! I would also have chain locks installed on all of your exit doors, but make it so that the slot the chain slides into goes vertical, not horizontal, that way, when hubby gets home, he can crack the door, slide the chain UP and get the door open, but anybody who hasn't seen that will not know how to get it open. This will keep the kids from opening the doors for anyone as well.

And don't think you can deal with CPS.... they can turn wicked ugly and steal your kids and make up the reasons later. There was a family posting here awhile back that had someone repeatedly calling in false reports (drugs, abuse, neglect). Even though each one was "unfounded," by the time they got the 11th call, they said, "well, since we're getting SO many calls, there must be SOMETHING wrong!" and they took their kids.
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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rnrharris08
Posts: 4
Joined: Thu Mar 29, 2012 12:06 am

Re: Please Help!

Postby rnrharris08 » Sun Apr 01, 2012 10:17 am

My husband thought the same way and so I wouldn't cancel my surgery set up things with his cousin to be here when he cant. So that's taken care of thank God! After I heal from surgery I will be finding an attorney and dealing with cps and my family through the attorney only. My husband finally got pissed and told me how its going to be. LOL However I think he was more mad that I was going to cancel surgery for the crap they are pulling and he took charge. I'm greatful to have him and thanks for your advice, I will get on once in awhile and tell you how things are going.

fatherofthree
Posts: 170
Joined: Thu Nov 10, 2011 1:15 pm

Re: Please Help!

Postby fatherofthree » Sun Apr 01, 2012 3:57 pm

In Texas, they cannot divulge who is calling the case to CPS. Do u know for a fact it is family? One thing I have seen over the years is that sometimes people think it is A that called in, when in reality it is Z. Having back surgery is not a reason for a CPS investigation. R they having concerns over too much medication? That would coincide with the age of the children.
DISCLAIMER: I am not an attorney and am not providing legal advice.

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

Re: Please Help!

Postby Eljay » Sun Apr 01, 2012 7:25 pm

It really doesn't matter who is calling CPS. A false report is a false report, and regardless of whom you suspect, those who commit the crime should do the time. CPS does not drive a false report investigation. The victim and the police do... CPS is merely the one who will provide the details for 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.

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

rnrharris08
Posts: 4
Joined: Thu Mar 29, 2012 12:06 am

Re: Please Help!

Postby rnrharris08 » Thu Apr 05, 2012 7:55 pm

I know for a fact it is my father and sister calling in the complaints. They told my husband they will do so if he does not hand my children over with-in 24hours. I dont see how they could believe I
am taking to much medicine because this came up the last false claim and I willingly took a drug test, not to mention I willingly allowed my doctor to speak to cps. CPS knows what meds I am on, how often and how much I take. All of this was handled last false report. I understand their concerns on the last report which is why I agreed to do everything asked of me, but now it is a continual problem. My children are on a schedule, get good grades in school, clean and well behaved. They have never been seriously injured while in my care since I was diagnosed and are never left unattended no matter how bad I feel. Once again, all of this was covered last report. I called the last cps worker who investigated as soon as the threat was made to my husband. I was assured that my medical issues can not affect me when they report the same thing again. I am not worried that I will be found guilty or that anything will be found at all, I only want the claims to stop so I can work on healing not fighting my family for my children.

I was thinking about sending them to their father but feared that will look as if I'm guilty. I'm stressed, my husband is pissed as is my children's father. We dont know how to handle the situation without us snapping, nor do we know how to make it stop. Since I was told all reports will be investigated as long as the complaint isn't beyond belief. We only need this to stop without a long drawn out legal battle, that will only turn out ugly.

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

Re: Please Help!

Postby Eljay » Thu Apr 05, 2012 8:15 pm

Don't bother calling CPS... call the POLICE!!!!!!!!!! They have told you that they are filing false reports with the specific intent to take your children away. The kids would go to their father before they went to a aunt/uncle or grandparents.

CPS can not do a thing about the false reporting. The police *CAN* ... if they don't actually arrest & charge them with a felony, then it will at least scare the chit out of them to have the police investigate 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.

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

fatherofthree
Posts: 170
Joined: Thu Nov 10, 2011 1:15 pm

Re: Please Help!

Postby fatherofthree » Fri Apr 13, 2012 5:23 pm

Eljay wrote:Don't bother calling CPS... call the POLICE!!!!!!!!!! They have told you that they are filing false reports with the specific intent to take your children away. The kids would go to their father before they went to a aunt/uncle or grandparents.

CPS can not do a thing about the false reporting. The police *CAN* ... if they don't actually arrest & charge them with a felony, then it will at least scare the chit out of them to have the police investigate them!

That And get audio or written,proof
DISCLAIMER: I am not an attorney and am not providing legal advice.


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