Preponderance of the Evidence - WHAT

[fatalwine222]

In a civil matter, a plaintiff is required to establish his or her case by "a preponderance of the evidence." A preponderance of the evidence is a body of evidence that is of greater weight or is more convincing than the evidence offered in opposition—evidence that as a whole shows that the facts asserted by the plaintiff and sought to be proved are more probable than not.

FROM - THE FREEDICTIONARY.COM

I want to understand what im reading...

to establish that they (DCFS) even have a case to bring to court, they (DCFS) are required to show that they have enough PROOF (preponderance of the evidence) to show why they (DCFS) BELIEVE that what they (DCFS) are writing in their reports is enough to convince the court that whatever they are accusing me of is most likely what happened (meaning, to them that it did happen) than believing it NEVER happened?

I feel stupid or proper English illiterate when I try to read this stuff. Am I right or am I confusing myself?

[LindaJM]

In a civil matter, a plaintiff is required to establish his or her case by "a preponderance of the evidence." A preponderance of the evidence is a body of evidence that is of greater weight or is more convincing than the evidence offered in opposition—evidence that as a whole shows that the facts asserted by the plaintiff and sought to be proved are more probable than not.

In most CPS cases the evidence never reaches the courtroom because the accused parents are advised by court appointed attorneys to plead guilty to the charges. So all the judge will see is whatever is in the social worker's report.

Nobody will know if there's really enough evidence to back up what's in the report... unless by great good fortune the parents are savvy enough to ask for a trial.. or perhaps they've been able to retain a good attorney who will insist on one.

Then in a trial each side can present evidence and whichever side has a preponderance of evidence will win. That's why I suggest that parents gather a lot of documentation regarding their children's health, their school records, declarations from themselves and other people who know them... and if the case is ongoing, documentary evidence that they've completed all services ordered by the judge. All this documentation should be given to the attorney who will then decide how best to present the case to the court.

Unfortunately there are really only two opportunities for a trial... at the beginning of the case, and at the end if TPR is the social worker's goal. Most people, by the time they get to this site, have already gone through court and let an attorney convince them to plead guilty.

I don't know if any of this helped answer your question...

[cooldomo]

You have stated the law correctly, all CPS has to prove at the "Jurisdictional Hearing" is by the Preponderance of the Evidence, meaning there evidence must be only 51 percent more convincing then evidence offered against them.

Then once they have won by the Jurisdictional Hearing they will move for disposition. At the disposition hearing they must prove, by clear and convincing evidence, there allegations against you. This is were the fraud comes in.

Before this hearing CPS will attempt to get you to comply with mental evaluations and a host of other services. This is because more likely then not they don't have clear and convincing evidence until they 1 get an admission of guilt 2 they get you to attend services so they can call these service providers as witnesses against you. The service providers will most likely write anything cps wants because "they know who pays them".

The cards are stacked against parents in these proceedings, not only is cps against you but also most of the court appointed pretenders. These pretenders refuse to file documents in your defense then claim their refusal to present any of your evidence is a tactical decision thereby refuted any claim of ineffective assistance of council on appeal, then they claim you threaten them and ask for a gal to be appointed for most of their clients, then these gals have the power to admit to all the allegations in the petition filed against you. Never trust a public pretender.

Then after the disposition hearing you have review hearings to check your progress on the case plan that was ordered at disposition, in this case plan you "Will be forced to accept responsibility for your actions even if that means incriminating your self for something you never did" and your failure to comply with this section of the plan means that you have failed to acknowledge and internalize any services provided and such failure to internalize puts your children at risk of future harm the social worker will claim. Then the court might order another six months of services and set the matter for review.

Then at this review hearing you are found to have taken responsibility for your actions, completed the case plan, and internalized the services provided, however the social worker the claims the child has bonded with his foster mother and is thriving in her care, the child now calls his foster mother mom, the social worker also reports good physical and emotional health and that it would now be detrimental to remove this child and place him back in your care. She the recommends your parental rights terminated, not because that your a bad parent, but because its in the best interest of the child.

At this termination hearing you will remember all the service providers you visited, yes she will use these providers against you at this hearing, they will claim that after all you acknowledged and have taken responsibility for abusing or neglecting your child and that the child has bonded with his foster mother, and that it is in the best interest of the child that your rights be terminated.The court will then find true all her allegations and terminate your parental rights.

Then you file an appeal because your constitutional rights have been violated and these courts of appeals will protect you right? Wrong, these courts of appeals do anything to uphold the courts order against you, and everything to overturn a court order in your favor, even if unconstitutional because after all they will claim any error was harmless beyond a reasonable doubt.

Documentation is key and most of all get all facts on the record, this is a war fought on paper not emotion, and stay out of there system as must as you can.

Hope this answers your question.