Sp ed teacher calls CPS in revenge for helicopter parent

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Bridget
Posts: 1
Joined: Tue Nov 08, 2016 6:55 pm

Sp ed teacher calls CPS in revenge for helicopter parent

Postby Bridget » Wed Feb 22, 2017 10:44 am

Hello, we are new additions to the nightmare that is CPS. I am still a little shellshocked.
Basically, I questioned my child's spec ed teacher about getting additional work to help my son at home, since he was sliding back in reading and math. Oh boy! She did not like that, at all. The teacher called CPS when my son had a bent fingernail. They now claim we are guilty of neglect and want to mark us as abusers, have a social worker come to 'work' with us. I dont know what that entails, but I have requested a court hearing.
Now we have a hearing, plus our lawyer is trying to file for an administrative hearing, and we need to fight them tooth and nail.

The teacher was being malicious. This is a false claim and she knows it.
The CPS worker substantiated on no evidence.
My lawyer needs help in fighting this case like this website advocates.
**It would be useful to have a lawyer who is familiar with going after people who make false claims, going after the cps worker (my lawyer thinks cps has immunity), and breaking the grip cps now has on our family.**
I have videos, email, and phone call recording evidence of the cps worker and the teacher, separately.
I am giving my lawyer info from this site, but an experienced consulting attorney or advisor would be appreciated. By that i mean experinced in the approach this site uses.

Thank you and God be with all of us.

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KDus
Posts: 161
Joined: Sun Nov 21, 2010 8:00 pm
Location: Kansas City

Re: Sp ed teacher calls CPS in revenge for helicopter parent

Postby KDus » Wed Feb 22, 2017 5:35 pm

(I'm not an attorney and this isn't legal advice)
Yup. We dealt with an investigation because my autistic step daughter told a story about a movie we watched. She would "script" to express feelings. The movie scene included a punch to the face in the film "2012"

While I'm as paranoid and spiteful toward as anybody, I have to doubt your case is entirely about a fingernail.
It seems a stretch to have a case started that way. If so, it seems like you should bypass any time you can and go right to trial. They can only build a stronger case as time goes on; and they will.
If it is about a fingernail, a judge would have to find a preponderance of evidence that the child needs the protection of the court. That seems unlikely. My case started with around 5 allegations. A couple were dropped because I fought back. The others morphed and drifted with the ever changing narrative of the social workers.
That is the danger: the story changes along the way and a fingernail issue can become a, "continued risk because the child may have witnessed a violent act toward her cousin." So, they keep the kids for another year....

As for legal help: We had several expensive attorneys. They did way more than the appointed a-holes. One was $20k, the other $8k, another $5k. However, I can't say that it really helped. I suppose they pushed harder and were more assertive at trial because they weren't insiders, but it is really hard to know if it was any better than just playing inside the system.
Yes, it sure looks like social workers are immune. The worst I had was promoted. Maybe a good strategy is to look for appealable issues. The last thing a judge wants, is to be overturned. There are extensive procedure rules and your rights have to be met along the way.
There is certainly law against false claims but, in my experience, absolutely nothing will happen. The reporting party can just say they are erring on the side of caution for the best interest of the child. We got a visit supervisor removed because she was openly violent to our boy and a foster parent was relieved of our child for speaking negatively about us, but there was no criminal of civil liability.
We had an assistant district attorney openly lie in court, telling an absolutely absurd story, and nothing happened. It was clearly a conspiracy to rationalize taking my child from grandparents 700 miles away. Nothing happened.


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