how paniced should I be

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friendofvinmt
Posts: 8
Joined: Sun Feb 19, 2012 2:00 pm

how paniced should I be

Postby friendofvinmt » Thu May 17, 2012 8:09 am

Yesterday my non verbal 4 yr old used my phone to call 911. The deputy that came out told my dad our house is a little bit messy No bedrooms were seen. Main living area is picked up and clean. My concern right now is my 7 yr olds room. Plans are to work on that tonight after 4 yr old is in bed.

Do they law enforcement generally warn a familu before making a report to CP S. My parenta are convienced I am going to get the kida taken from me. I am running on 5 hours of aleep and my mom thinks I should go on 2-3 a night until the entire house and yard looks like better homes and gardens show home.

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: how paniced should I be

Postby mamalion » Thu May 17, 2012 9:35 am

a little messy? not sure people would point out, "a little messy"

why did he invite him into the home?

friendofvinmt
Posts: 8
Joined: Sun Feb 19, 2012 2:00 pm

Re: how paniced should I be

Postby friendofvinmt » Thu May 17, 2012 1:03 pm

Sorry I was on a mobile phone earlier actually at the library now so I can type better. I was in the bedroom changing when the deputy showed up at the door. My dh let the debuty in instead of having him wait outside.
We share a larger property with my parents with our house being in the back. My dad was out mowing when this all happened and the deputy told him that our house was a little bit messy.
All that remains to be done in the main areas is moping the entry again which is impossible in the country to keep clean with out being obsessive compulsive everytime you enter the door, and cleaning some of the windows.
My 4 yr old's room needs to be vacumed and the window clean. I also need to figure out some temporary curtains as her shade tore and was sent yesterday to the manufacture either repair or replacement. We are looking at 2 weeks before it will be back. We usually change her in the living room to make it easier on us.
7 yr old's room is a royal mess and the plans are to clean it tonight with the help of a friend of mine after 4 yr old is in bed.
The master bed and bath both need to be cleaned along with some closets-those all have knob covers which the kids can not operate on them.
Our basement requires going outside to get to as it is unfinished and it has an outside door on it which is kept locked. The kids are only allowed in there for tornadoes.

My plan is to get the master bed and bath done after my 7 yr olds room and then start in the closets eventually moving to the basement.

I got to thinking late last night ok early this morning since it was 2:30 am that if the deputy was really worried about things nothing would have been said to my dad as a warning to us and we would have had a call made to cps right away possible with the deputy not even leaving the property.
I did want to see what others thought.

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

Re: how paniced should I be

Postby Eljay » Thu May 17, 2012 2:28 pm

Well, it is GREAT that you're on here before CPS even shows up. :) Now you'll know how to handle them.

Keep in mind that if they get a referral that is worthy of investigation, they MUST complete an investigation. You want to give them *ONLY* what is necessary to complete & close their investigation. They will fish for other things to try and find something to use to worm their way into your lives. It means money for their department to put your kids in foster care, drag you through court, make parents take classes, etc. Some caseworkers are reasonable and just want to ensure that your child is safe and well. Others are power-hungry control freaks who will go to great lengths (lying, primarily) to take your kids.

If/when they come, be pleasant & polite, but firm and confident. They need to see that you are in control of yourself, your home & your family. Your initial exchange should be something like this:


CW: I'm here from CPS to investigate a report we received at CPS regarding your children.
You: Please wait here.... [run and get pad of paper & video recorder]
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 your home was filthy and unsafe for children.
You: Which rooms were allegedly messy?
CW: The report didn't say.
You: Are there any other allegations?
CW: We were told that you had no food in the home.
You: Are there any other allegations?
CW: No.
You: Please wait here... I will take a photo and bring you the evidence you need to close your report.
CW: I need to come and inspect.
You: Do you have a warrant?
CW: No.
You: Then I will preserve my 4th amendment right against illegal search & seizure and not allow you in. You can wait right here on the porch.
....
You: Here is a picture of the kitchen, living room, bathroom & child's room. Here is a picture of the stocked refrigerator & food pantry.
CW: I need to see a picture of your bedroom & basement.
You: Those are not rooms that the children are allowed in and not part of your investigation, which concerns only the children and, thus, the rooms they are allowed into.
CW: Grrrrrr.... well, I have to do a complete investigation and ask you more questions.
You: I've given you everything needed to close your investigation based on the allegations you provided.
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: Where is your husband and how much alcohol does he drink?
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.

Do this all with a smile, calm and confident. Again, write down EVERYTHING (write down what you're going to say BEFORE you say it, then read it to his/her) while you're recording it. If you child needs your attention during this process, tell them that your child needs you and would they please wait on the porch while to tended to his/her needs. Shut door in face and do what you have to do, then come back when you're available.

Let's hope the officer doesn't call CPS, but if he does, you will send a clear signal to them that you are NOT going to be an easy target for 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.

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

Re: how paniced should I be

Postby fatherofthree » Sat Jun 16, 2012 4:12 am

mamalion wrote:a little messy? not sure people would point out, "a little messy"

why did he invite him into the home?


On a 911 call, the police can make entry w/o invitation to check on all occupants of the home. The reasoning that a 911 is a call for help. Whether medical, criminal or domestic violence related, the victim may not make it to the door. 2:30 AM is a prime time for a drunken domestic violence related 911 hang up. Kids do 911 hang ups all the time. They also call 911 when their parents are fighting.

Messy room leaves a lot of interpretation. Was the home unsafe, unsanitary or just a kids room that is a mess? Personally if they saw my sons messy room I would not be worried.

In most jurisdictions, the reporter has 24 hours to make notification to child welfare. In most cases they will not tell you they notified Child welfare as they don't want an argument. If the child was in imminent danger, then they would request child welfare respond immediately, or in the case of some jurisdictions, they would personally take the child into custody and place at a home, then notify child welfare.
DISCLAIMER: I am not an attorney and am not providing legal advice.


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