Preventive CPS EBook

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Dazeemay
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Preventive CPS EBook

Postby Dazeemay » Wed Apr 27, 2005 11:27 am

I would like to begin to develop an EBook for downloading in regards to the beginning steps to preventing CPS taking a child or children and the steps after they have taken the child or children.

We all know from experience that if we had the knowledge we could have prevented the issues we have encountered with CPS.

We also know that even if we have the knowledge as typical human beings we don't think that it could happen to us.

I spent so much time trying to find out the things to do and not do that it became very frustrating searching for answers on top of tears and grief it was almost too overwhelming and made me want to give up looking.

I want to make it as plain as possible as to what to do and explain it so that the parent does not have to deal with the frustration of trying to understand everything besides going through the emotional upheaval they are now encountering.

I have not found anything like this and maybe someone has already done one but, I can't find it.

If Linda agrees what I would like to have is be a sticky where every one could enter their thoughts on different things so that I could compile them.

Instead of going to the site and looking for different ways to write a petition, affidavit it would be right there in the book showing them what one looks like and how to make it out. All of the documents one needs to do would flow with the line of thought.

For instance in the book would be a place to tell the person or persons about the first step and if their is a doucument that they need to follow it would show them right then.

I know that all of this is on the site but, when you don't know what you are doing it is very confusing to try and search the site and the posts about what to do.

I would appreciate any input you can give me in this regards.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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LindaJM
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Ebook: great idea

Postby LindaJM » Wed Apr 27, 2005 12:28 pm

I will make this a sticky posting and hope to see this in development soon.

Linda
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Dazeemay
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Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Wed Apr 27, 2005 12:46 pm

Thanks Linda.....that was quick. :)

I have already started it. My first thoughts were to do it and pass it out to all of my family, distant cousins and all.

But, as the thoughts progressed I remembered that you suggested that Pariann do an ebook. That really struck me and then it just went from there.

Thanks again
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Thu May 19, 2005 7:55 pm

It does not take any time to do this and as important as it is many parents do not know that this is the best tool so far that will prevent CPS from taking your children.

We should never be foolish enough to believe that something is 100% foolproof and therefore Guardianship does have it's pitfalls.

We as parents need to protect our children as best we can. Guardianship has been around "forever" and yet it is the only step that many parents do not take in order to protect their children.

This step is easy and you do not have to go to court to do it. ************************************************************
Do not look at this as a complete guarantee that your child/ren will not be taken by CPS. In our case it stopped them. It will all depend on your circumstances and your state.

Any notarized statement is legal and therefore they would be breaking the law by taking your child/ren without a court order. They have been taking our children illegally without us knowing our rights and without a court order but, this notarized copy should stand up in a court of law right away and stop them at your door.

Whereas, we have to fight the courts to recognize our lawful Constituional Rights this notarized copy is more recognizable as legal and lawful. How sad for our country that this notarized copy is more recognizable by the courts than our Constitutional Rights as a people. How sad that CPS can come bursting through our doors and not recognize our Constitutional Rights.

I am talking about those of us who are innocent. I am defending us who have done no wrong. When I post or write of anything it is always in defense of us who are innocent. There are those parents who commit the crime of abuse (and they are small in numbers) but my stand is for those of us who are innocent.

Be sure to state a specific date do not use the word indefinitely. Or if you use the word indefinitely you must be sure of your guardians and that they are completely behind you.

You as the individual must decide as to whether you want to file your notarized copy at the courthouse. If you do this you have to go to court to undo it and that is not as easy as doing your own revocation.

Usually temp guardianships just need to be notarized and kept in a safe place. We have two filed at home. We each carry one in our purse, wallet, and two in the car. Be sure to file this at your daycare, schools, etc.

The reason you want to have them on your person at all times is because of so many mandated reporters in our lives. If you go to the ER and your child has a broken bone they must report it to CPS. CPS usually comes to the hospital and if they do all you have to do is show your guardianship papers.

If cps comes for the children you will tell than that you will have to take them to their guardians because they are under legal guardianship. They might just back down and leave you alone. They know that they would have to fight the guardianship and serve papers on the guardians, for what? The guardians are not the ones being falsely accused.

Not only that, they want your child/ren so that they can be the legal custodials to receive money from the federal government. If the child is already under guardianship they cannot come against that legal document. At least for now. Who knows what they will do when they discover that this is how we are protecting our children.

This step is the most crucial step you can take if CPS is threatening you and they do not have your child/children yet.

I can only give you guidelines. I believe the more knowledge we have the better for us. However, I also believe the more knowledge we have the more they will change the rules to fight back. For instance, at this writing,

Quote:
“Did you know, in the state of Texas, parents can be court ordered to comply with service plans and their children can be placed into foster incarceration and local authorities are notified that the family is in "need of services", when no abuse or neglect has occurred. CPS can force their services under "risk of abuse or neglect". This can happen when no abuse or neglect has occurred, and with no prior CPS investigations. CPS decides that abuse or neglect may occur in the future.” (Sounds like Minority Report). http://fightcps.com/forum/viewtopic.php?t=968

Like a chameleon, they are forever changing their colors and so must we in order to elude them.

The forms below are for you to use if CPS, DSS, DCF, DHHS, or whatever name they go under in your state, do not have your child/ren but are threatening you. This is a temporary safeguard for you once they knock on your door. You can present this guardianship notarized form and they cannot take your child/children. I understand that Texas does order that the guardians have a home study.

We did this under the direction of a lawyer of my granddaughters relative on her father’s side to protect two of our three grandchildren because DHHS had already taken our “special needs” granddaughter.

Note CPS (this is the term I will use because there are so many names under the umbrella of this agency) can get a court order in some states to make the guardians relinquish your child. You must know what the laws in your state are using for this form of protection.

The state was pursuing our other two grandchildren. Although they claim they were not pursuing our other two grandchildren. Then why ask where they are? Why did the supervisor demand that the relative fax her the notarized copy and when she received it she said, “Well, there is nothing we can do about it now.

You will be doing a “temporary” guardianship. A temporary guardianship can be arranged in a private agreement between the parties, usually authorizing the guardian to handle the affairs of the person, including medical needs.

Be sure your guardian/s understand that they do not have to answer any questions asked by CPS. If they come to the door knocking or call that tells me the caseworkers do not know their rights you have under guardianship. The guardian just has to say to them, "I am not allowed by law to talk with you because this is a legal document." They cannot come at the guardian because the complaint is not about them. Until I find out anything further this is what I understand it to be.

Be sure your guardian/s are on the same wave length. S/he need to understand what is going on so that they can better help you and to keep themselves from getting frustrated. The frustration would come in if they began talking to CPS. They need to understand that CPS means to divide and conquer families. They will twist your words and cast doubt upon you. One of the ploys they use is to tell the family members you can receive money for caring for this child/ren etc. Money speaks a lot in this day and age.

I have been struggling with this fact and have found some answers. If you sign over temp guardianship to someone be sure you can trust them and that CPS cannot get to them to change their minds. I am sorry for this but, I have searched and searched for answers and could not find any clarity on this until now. A person who has temp guardianship can change their mind and go to court to get custody of your child/children. They can file a non-custodial law suit.

It is so sad that we even have to careful in this regards. However, if it came down to it, who would you rather your child/children be with? At least if you had to battle a relative etc and you knew they were a good relative it is better than being in CPS hands.

It is a very touchy situation and when you do not have any options then it is the next best thing to keep them out of CPS clutches.

When one sees the guardian wavering in anything then do the revocation as quickly as possible and decide where to go from there next.

Here is a sight that explains temporary guardianship http://www.4utah.com/legalanswers/legal ... B459756E31

To get it notarized, if you do not have an attorney or it is on a weekend, go to UPS or I found some of the check cashing places do it also. If I find more I will add them here.

Here are four websites that I found to help you with a good legal form. The first and second ones are the best I believe.

http://www.childguardianship.com/ This one tells you that all of their forms are acceptable by all states but one. The cost is $10.00 for one parent and $15.00 for two parent. The cost is so little on these forms that to me it is worth using the best, afterall it is the life of your child/ren. This has got me nervously searching, though, about how legal is a persons form from just some of the random sites that post legal forms.

http://www.urgentbusinessforms.com/guar ... p_form.asp They explain everything you are doing with a temporary guardianship and the cost is $14.95 ***On this form all parties, guardian/s and parent/s must be there to sign it in front of the notary. If your guardians cannot be there you can still do it with the forms below and it is still as effective.

http://www.pjdocuments.com/makedoc.htm this one costs $15.00 and I like what he has to say in regards to using guardianship. “Be it a long trip or just because you have a child that has special care needs that must be addressed while you are away, with the document you can formally delegate authority to an adult friend or relative to care for the child during a temporary absence or other problem”.

http://www.ilrg.com/forms/auth-tempguardian.html

It is certainly worth the $9.99 to protect your child/children immediately. Be sure you note their terms of use. I wish that I did not have to post a website, due to copy right laws, because they can change and not be there from one day to the next. I do feel these two will be on line for awhile and if not then I will try to update you on another current one. I want to save you the trouble of that of searching because you are already taxed mentally in regards to your situation.

This is a link that is very good also. https://www.legaldocs.com/docs/rev_child1.mv Shows you how to make out a temporary authority. Note it does not say guardianship so you must decide. I believe this one could be used in a quick pinch. Also I think this one would be for if you were going out of town for a weekend with no cost but be sure to notarize it if you do this one. Now the neat thing about this form is that it shows you how to do a revocation when you want your child/ren back. Notarize this also. Now the other forms did not say anything about when you decide to take your child/ren back what to do but, this one gives you the legal way to do it and for than I am thankful.

Many sites state that you can just go get your child/ren but if you have to do it legally to begin with I would think you would have to do it to end it. Better to err on the side of caution.

One thing I noted when the lawyer directed us to go this route; it gave our family great relief in knowing that our other two grandchildren were protected and that we could focus on what steps we needed to take in bringing our “special needs” granddaughter home.

If you feel your guardians are wavering it is time to do a Revocation. Have another guardian lined up if your present one is wavering or wants out of the situation and you are still battling cps.

I should note here that we put four people on our guardianship form. We did this for protection thinking that if something happened to myself or my husband then one or two other relatives could be available.

Have your REVOCATION ready so that all you have to do is date and sign it and take it to be notarized. You are not going to be able to do it at the last minute and this is a very important part of protecting your children too.
*************************************************************
REVOCATION OF CHILD CARE AUTHORIZATION.

TO ALL PERSONS, let it be known that I, your name, of, your address, city, state, the undersigned Parent/Guardian, do hereby REVOKE IN ITS ENTIRETY that certain child authorization (the Child Authorization) dated, oringinal date, and signed in your county and state, that was granted to, name of party, as my agent/caregiver, to the following child/children:

Name of child/children. (Each child should be listed on a separate line.)

This Revocation of the Child Authorization shall be conclusive for all purposes, from the date of execution as set forth below.

I, your name, for good cause, do hereby revoke, cancel and make void the Child Authorization therein given and contained, for all matters granted to such Agent. Nothing herein shall affect any actions taken by my Agent prior to notice of this Revocation of Child Authorization.

Notice of this Revocation of Child Authorization shall be binding on every person or entity to which a copy of this Revocation of Child Authorization shall be effective as an original for all purposes. This Revocatioon of Child Authorization may be served via personal delivery, mail, facsimile transmission or other electronic transmission, and shall be effective regadless in the manner in which same is received. The undersigned absolves from liability any person who acts in accordance with this Revocation of Child Authorization.

This Revocation of Child Authorization is executed on date and year, in the County and state.


________________Your name/s

Notary seal
*************************************************************

You must look up the laws in your state or county or both if you want to file your guardianship papers with the court.

I have learned that if you go to the court to file your notarization the judge will more than likely inform you or your lawyer that a guardian ad litem will have to be called in. Now, as one lawyer put it to me they are doing a CYA...I had to ask what that meant. He got embarrassed and said well, "It's called covering your butt to be more polite about it."

In other words if the judge did not do this and something happened to the child he is at fault. So he is covering his butt and we all know that the guardian ad litem is going to cover hers and it is more than likely that she will say, "Child should be put under protection of CPS." Maybe she won't because it is about guardianship and you are just acknowledging on your own you need help and she will see that you are most wise in doing this.
I don't trust GALS, but I do have to say that when we did ours by court the GAL was absolutely marvelous.

If you have to go to court to file then make sure your lawyer steers clear of juvenile court. Have him attempt it in the Chauncery Court. This is what our lawyer did for us.

We had to do this type for medical reasons, but our first one was done on our own.

Here is a guardianship kit and instructions if you want to file your own in court w/o paying a lawyer.

http://www.myshoppingonline.com/LegalKi ... anship.htm

Do It Yourself Guardianship Kit
Guardianship is a precise legal procedure. It can be for a minor child or it can be for some other person incapable of caring for themselves. Still there is guardianship in a state program where you can become the guardian for someone you don't even know. This kit gives you a background on the subject-together with a simple procedure with a power of attorney form which is enclosed.

Basically there are two types of guardianship;
(1) Temporary- A temporary guardianship can be arranged in a private agreement between the parties, usually with a Power of Attorney authorizing the guardian to handle the affairs of the person, including medical needs.

(2) Permanent- A permanent guardianship is more complex and requires the recording of a court order. A petition must first be filed with the court together with a request for hearing on the petition. If the guardianship is mutually agreed upon by all parties involved, it is usually pretty simple. If there is disagreement among the parties then the issues become more complex. A sample petition is contained in the kit. Since permanent guardianship is more complex, it is suggested if you handle the case yourself without a lawyer, you should visit the nearest law library and look in the trial lawyers handbook. There you will find instructions on how to proceed required by your own state or residence. Follow the forms style for the petition, complete that and file it with your District Court of jurisdiction. Filing fee will vary according to your state.

Kit Contents
1. The Guardianship kit contains a overview of the basic information to give you a good understanding concerning guardianship and what is required.
2. Several narrative pages to help you understand the different types of guardianship
3. Power of Attorney for temporary guardianship
4. Petition for permanent guardianship

How Current is This Publication?
Many states change their divorce laws and requirements several times a year. That's why we update this kit on a monthly basis if needed. Other publishers update theirs once every 1 to 3 years. We are also the only publisher to offer you a money-back guarantee that our kit will truly work for you. We feel our kit is the best available - it's the easiest, most up-to-date and guaranteed ! What more could you ask for?


--------------------------------------------------------------------------------


Guardianship $29.95 Our Price: $24.95 plus $4 s&h.

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Toll Free 1-866-579-9859
We ship all orders Within 24 Hours!
Last edited by Dazeemay on Mon Apr 03, 2006 10:37 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

gideonmacleish
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Postby gideonmacleish » Tue Oct 25, 2005 7:58 am

Feel free to use any original information from any of my postings on this and my blog/web sites for your ebook. I only ask that you credit me as the author, as I have spent a good deal of work on some of it.

justina78
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can a guardian be requested in the middle of a cps case

Postby justina78 » Fri Jan 12, 2007 6:55 pm

I was just wondering if a legal guardian can be requested in the middle of a cps case before you get to the part where they say your kids are gonna go to a legal guardian and if so can that guardian be out of state

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good dad
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Postby good dad » Sun Jan 14, 2007 12:49 am

CPS has to ok it and it would be considered a "relative placement"
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

Michael
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Constructive advice

Postby Michael » Wed Jan 16, 2008 5:55 pm

Your statement that any notarized document is legal is incorrect. The document must have all the legal elements in the document to be appropriate. As an example a notarized statement that you are placing a child with an aunt and that you can cancel the placement at any time is considered by the courts and CPS as non binding and void.

Also a legally binding placement of a child with another person but then CPS finds the child still living with you is void.

There are a number of other issues in your posting. They may or may not apply to your home state but they do not apply to Texas.

annakenc
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Re: Preventive CPS EBook

Postby annakenc » Mon Oct 03, 2011 5:29 pm

Hey this topic caught my interest...I wanted to first say great idea...but then I realized when its realized that states have no authority at all in family matters, we wont need this informaton...and to the constructive critic...a legal contract is a description of what 2 or more people have agreed to and signed their names as a witness that they will comply...all other mumbo jumbo is an attempt to confuse an issue which should be quite simple, an agreement...this other legalism is profoundly useless to the human experience.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

hartbroken
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Re: Preventive CPS EBook

Postby hartbroken » Tue Oct 21, 2014 9:12 pm

I looked on line drew up papper work hand written had my daughter and son in law signed. In front of notery when there cps case opened but they took kids I presented this papper to cps to try stop them pretty much they laughed said even though it was notirized was no good had be noterized b a judge this is in indiana did they break the law help

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LindaJM
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Re: Preventive CPS EBook

Postby LindaJM » Fri Oct 24, 2014 10:56 pm

Hartbroken - I don't know Indiana law - you need a local lawyer to advise you. One who will know Indiana law and also local procedures - someone familiar with your CPS agents.

I've never heard of papers notarized by a judge.. usually they're notarized by a notary public... but maybe Indiana is different than where I'm from.

Maybe they were saying you need a court order to stop them from what they were doing.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

nicolebell
Posts: 5
Joined: Thu Nov 03, 2016 10:07 pm

Re: Preventive CPS EBook

Postby nicolebell » Wed Jan 11, 2017 11:29 pm

That might work for civil, but cps is above that.. secondly, you must document everything take pics of your child to knowing cps hand book, their steps assessment ect.. they are supposed to follow the safety model, and the creator whom put this together , the model is not followed by many. We had a cps man in my city where he wrote a article about cps from the inside out.

As a parslegal, as linda is, we know how and I would suggest many of you to do the same as to the knowledge of law, n it's entity.. we all are in a grevious state however, there are many times we see the impurities and think how can i change this.. start with your senitor. . Gather all case notes from attorney. All the way to classes taken assessments done.. listen carefully.. because I've caught a assessor in many lies, called her on it.. and being that of my legal back ground, being in the system, I can tell you never ever believe anything.. be very intuitive and calm.. ..


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