First, let’s figure out where you are and what you will need to get your kid’s back.

The things you will need to fill out these forms are:

  • The child/children’s names.
  • Juvenile court case numbers for each child.
  • The county that the court is in.
  • Today’s date
  • City and state where the children were taken from.
  • The exact complaint against you. Ask the case worker what that would be. They will first give you a GENERIC one.  It will be one of the Safety Threats of the state statutes.  Make her tell you more than that. Have her tell you exactly what you are being accused of such as “You are being accused of slapping your child.” Or, “You are being accused of smoking marijuana in front of your child.”

What you need to do now is build your case, print them out and submit them to the court and all parties to the case.

 I will tell you right now that your court appointed lawyer will tell you to just be quiet and let him do his work because he knows what he is doing. Do NOT believe him or her. They are in business to make money. They make money as long as they can keep your child on the conveyor belt. Your child is $$$ and not a person. Plus they do not want to be embarrassed in front of their peers.

What level of the conveyor belt are you at right now?

1. CPS is at my door and is threatening to take my child away

Click Here

 

2. THE INITIAL HEARING

CHALLENGING JURISDICTION

Only use this method if you are using common Law and do not have a birth certificate and SS#

EVERY court must prove jurisdiction before they can proceed forward.

They do this by getting you to plead guilty, innocent, or no contest. Just the act of pleading puts you under their jurisdiction.

They do this by getting you to sign papers before you go into the court room.

They do this by assigning you a court appointed attorney.

So, let’s run this  through a typical court process.

First time you go to the court, they will try to assign you a court appointed attorney. Tell the attorney “No Thank You”.

He will try to get you to sign a paper of some sort. In fact they will try to trick you to sign a plea of guilt. Do NOT SIGN ANYTHING!

When you get into the court room, The judge will take note of the fact that you have not signed anything.

The judge will then turn their attention to the fact that you do not have an attorney. They will tell you that it is your right to not have an attorney but it might go better if you do.

They might try to get you to sign a document “waiving” your right to an attorney and requesting permission from the court to represent yourself. DO NOT SIGN IT.

You do not have to sign it because you do not need to “represent” yourself because YOU ARE YOURSELF.

Simply tell the judge “I am here as MYSELF and will not need to be represented in any way.”

By then, expect the judge to get a little ticked because things are not going their way. If he starts screaming it will be because you are succeeding. Why would a judge get frustrated? Because you are not bending to his will. If he cannot overcome your lawful arguments, he will have to attempt to scare you into submission. You job is to let him look the fool. If you do not get excited and instead speak calmly and professionally, the world will see that you are right and he is wrong. Even the bailiffs will see that he is the one losing control of his emotions. If you have to prepare yourself mentally for this, then do so. What you can do is just acknowledge to yourself that if the judge is getting excited, it is because he knows he can’t beat you.

They will then might say “We cannot proceed until you sign this document. Are you going to agree to proceed without an attorney “

DO NOT SAY “YES”

I REPEAT, DO NOT SAY “YES” If you do, you are giving permission for the court to take jurisdiction and proceed to trial or hearing.

instead, say “No your honor, we  should not proceed because jurisdiction has not been established.”

In order to get you to consent to the jurisdiction, he might ask you “How do you plead? Guilty, Not Guilty, or No contest?”

Simply say “None of those choices. As one of the people of (Your State), I object to the jurisdiction.”

Let him know that you will cooperate and clarify that just because you are handing over your documents, you are not consenting to his jurisdiction and leave it at that. If he has any questions regarding what you have just said he will ask. Otherwise, keep quiet and let him do his job.

CPS just took the kids into custody and I have to show up in court in a few days.

The first event in court after the filing of a petition is the initial hearing, known also as the;

  • Preliminary protective hearing,
  • Shelter care hearing,
  • Detention hearing,
  • Emergency removal hearing, or
  • Temporary custody hearing

When children are first removed from parents by CPS, the agency must file a petition with the court within two “court days,” and an initial hearing must be scheduled to determine if the children should remain out of the parents’ care. This initial hearing is where the court either approves or disapproves of the actions of CPS.

The detention hearing must occur no later than the end of the next court day after the petition is filed. In the vast majority of cases, the court approves the detention of the children, and makes temporary orders, because the detention hearing has a very low standard of proof called “prima facie” evidence. The term prima facie is Latin for “on the face of it” referring to the information contained in the petition filed by CPS.

The court is authorized by law (I don’t know what law.) to use this low standard of proof, because the judge must err on the side of protecting children in an emergency.

The temporary orders, however, may be challenged at a later hearing. Using prima facie evidence, the judge must consider that everything written in the petition and attached report is true. Assuming the truth of what is stated, the judge then must decide if it constitutes enough evidence to take jurisdiction and approve CPS continuing to detain the children.

As one might imagine, it is quite easy for a social worker to draft a petition in a way that nearly always guarantees the court will approve the detention. However, this is only the beginning, and there are two more hearings with higher standards of proof which occur within approximately a month to six weeks.

ABSOLUTELY DO NOT SIGN ANYTHING BEFORE YOU GO INTO COURT. IT IS A TRICK TO MAKE YOU PLEA AS GUILTY OF WHAT EVER THEY TOOK THE KIDS AWAY FOR.

YOUR COURT APPOINTED ATTORNEY WILL TRY TO GET YOU TO SIGN A PAPER BEFORE YOU GO IN. THEY WILL SAY THINGS LIKE “YOU CAN MAKE ALL OF THIS GO AWAY IF YOU AGREE TO A PSYCH EVALUATION.”  MAYBE THEY WILL TELL YOU THAT YOU WILL NOT GET YOUR KIDS BACK UNLESS YOU DO THESE SERVICES.  AT THE SAME TIME THEY ARE HOLDING THEIR THUMB OVER THE TITLE OF THE PAPER WHICH SAYS ” PLEA OF GUILT”.

IF YOU SIGN THAT PAPER, THE FIRST THING THAT HAPPENS WHEN YOU THEN ENTER THE COURTROOM IS THE JUDGE WILL ACKNOWLEDGE YOUR PLEA OF GUILT AND GO AHEAD AND ASSIGN WARD SHIP (CUSTODY) OF YOUR CHILD TO CPS.

At this point, you will not be able to argue so much about Jurisdiction. You will have to do that at the next hearing. Today you have to rebuttal the petition.

You can have witnesses, and can testify for yourself. Make a Declaration of Facts and submit that to the court “For the record”.

Make sure to call the caseworker to the stand to testify what she observed, that you did or will do in the future, to cause your child significant / severe harm.

Make the state bring forth witness or professional people that can prove her allegations.

Make her articulate it in detail.

When she gets off the stand, you will get a chance to testify where she is lying or telling half-truths.

Declaration of Facts

IMPORTANT

If the judge decides to proceed forward by taking TEMPORARY jurisdiction, The paperwork that is generated by the state at this hearing is what you will build your case around for the next hearing. Just except that your children are not in your care at this time and focus all your energy into building your case to get them back at the next hearing. Ask your attorney (if you have one) for a copy of all the paperwork.

If the case is not settled by agreement of the parties, it will go to adjudication. Once the petition is filed, the court schedules an adjudication hearing.

Immediately after detention hearing, in most cases, CPS begins providing some services, the most important of which is visitation with the children, usually supervised.

3. THE ADJUDICATION HEARING

Also known as the;

  • Fact-Finding Hearing
  • Jurisdictional Hearing

These next hearings are called the jurisdictional hearing, followed by the disposition hearing. At these hearings the parents and their counsel are allowed to present their own evidence if they continue to dispute the need for the court and CPS to be in their lives at all, or the need for the children to remain in foster care.

AGAIN, ABSOLUTELY DO NOT SIGN ANYTHING BEFORE YOU GO INTO COURT. IT IS A TRICK TO MAKE YOU PLEA AS GUILTY OF WHAT EVER THEY TOOK THE KIDS AWAY FOR.

At this point, the court probably already took “temporary” care of your child even though you said that you did nothing wrong. The State must now show that you were doing something that put the child in harms way or NOT doing something to protect it from harm.

This hearing is the one that you will need to speak at. 

At this hearing you will want to tell the true story of what happened with a Declaration of Facts. The state (CPS) will come at you with everything they have. They will lie. Take a pen and paper into the court with you to take brief notes to remind you of points you want to “argue”. Anytime you hear them say something that is half-true or an outright lie, you MUST tell the court it is not true when it is your attorney’s turn to speak. Yes, you can speak even if your attorney tells you to be quiet. As soon as you hear the lie come out of anyone’s mouth, raise your hand and show the judge you have something to say.

If you by chance got to know information before the court date, you will need to prepare your rebuttal.

You will need to use the template below on how to write it.

Declaration of Facts

If you got a copy of the caseworkers report or petition to the court…..make sure and do the below instead! (They are supposed to give your attorney a copy of it about a week before the court date.)

Statement of Objections and Corrections to the Report of the Child Welfare Caseworker

Motion to close the case due to lack of jurisdiction

 

4. THE DISPOSITION HEARING

The children are made a ward of the court and handed over to CPS. A lot of times this hearing will be at the same time as the Adjudication hearing. This is the point where you can easily loose most of your parental rights and hand custody over to CPS, so, speak NOW or loose it.

Declaration of Facts

Statement of Objections and Corrections to the Report of the Child Welfare Caseworker

Motion to close the case due to lack of jurisdiction

 

 

5. Disposition Review Hearing

The review hearing is an opportunity to evaluate the progress that has been made toward completing the case plan and any court orders and to revise the plan as needed. They will try to make it sound like you have only gotten worse and that you are not cooperating and try to get the court to order you more services and show the court more garbage that they dug up about you and the bad things the psyc evaluation said about you. They will try to drag into the mix things that happened in your childhood. Anything to keep your child on the conveyor belt. So let’s stop them NOW!

Declaration of Facts &

Motion to close the case due to lack of jurisdiction

Statement of Objections and Corrections to the Report of the Child Welfare Caseworker

(You will want to do the ‘Statement of Objections’ if you will want to appeal this in the end if it goes to “Termination Of Parental Rights’. If you do not object to their actions and words….it just means that you agreed to them.)

 

6. Citizens review board.

Declaration of Facts to review board.

Malfeasance of the caseworker.

 

7. Permanency Hearing

These review hearings are intended primarily to monitor compliance with the case plan, adjust the plan as necessary, and ensure that the case is progressing toward resolution. This one usually happens around 12 months in to it. Be careful of this one. If you have not been a good boy or girl,  it can go straight to Terminating parental rights, if necessary, and permitting adoption by a relative, foster parent, or other nonrelative.

Declaration of Facts &

Motion to close the case due to lack of jurisdiction

Statement of Objections and Corrections to the Report of the Child Welfare Caseworker

Malfeasance

 

9.Termination of parental rights – TPR

TPR hearings also may be called “permanent commitment,” “severance,” or “guardianship with the power to consent to adoption.

You better speak at this one or forever loose your child. You better speak now or FOREVER say goodbye to your child. Any “Residual Parental Rights” is about to be taken away and your child adopted out. If your case has gone this long, then you will have a lot to say…..but say it legally!

Ask your attorney to see your case files, especially the ‘Report to the Court’ so that you can get a clear understanding of what they are saying against you. Write your ‘Declaration of facts’ to tell your side of the story. Try to show the court that they DO NOT HAVE JURISDICTION to take away your child and your rights because there was NO legal reason to take your child in the first place.

Make sure and OBJECT to the caseworkers lies, methods, and lack of facts that could have made the case go your way had the court known those facts.

Declaration of Facts

Motion to close the case due to lack of jurisdiction

Statement of Objections and Corrections to the Report of the Child Welfare Caseworker

Malfeasance

 

8. Caseworker not updating or face-to-face visit to review and update case

letter to supervisor’s regional manager.

 

What if I feel CPS is treating me unfairly?

You should write down every time you call CPS.  If CPS does not call you back within several days, try to reach the caseworker’s supervisor.  If you still do not hear from the caseworker, call the regional manager.

Another GREAT place to complain about a caseworker are the OMBUDS. They intervene in cases in which they have determined that an agency’s action or inaction is unauthorized or unreasonable.

They can help with your complaints.  You should first try to contact CPS directly.  If it is not in your family’s or child’s best interest to do so, or you have made contact but have not gotten a good response, contact OMBUDS.  The end of this publication has contact info.

OMBUDS can look at your CPS files.  If needed, they will contact officials or management to investigate your complaint and make sure someone does something.

 

9. How to DISCOVER documents out to all parties.

This is one way that you will be able to get all your important documents to all parties in the case, including YOUR attorney. simply go into DHS and ask for the form to DISCOVER your paperwork. Fill it out the form and have the person helping you at the front desk DATE STAMP your document and give you a copy of at least the front page that was date stamped.

Now it will be photo copied and handed out to all party’s to the case.