List Of States

Choose the state that you are having to go to court in.

We will add more states as we put the website together.

Oregon

 

 

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Declaration Of Facts


Case Number:

Declaration of Facts

I, , state:

The CPS’s evaluation should have been
decided as UNFOUNDED according to Oregon law and CPS’s
own rules. This claim of Neglect and Threat of Harm should never have
been brought to court because it does not fit the statutory
definition of child abuse or neglect.

According to OAR 413-015-0400,
when the agency makes
a determination of the presence of a safety threat, there are 5
factors that
all
have
to be met and present
at
the same time
in
order for it to be FOUNDED.

1.
A family condition is out-of-control.

According to OAR
413-015-0425
Out
of control
” means”

(2) (d) “family behaviors,
conditions, or circumstances that can affect a
child’s
safety
are unrestrained, unmanaged, without limits or
monitoring, not subject to influence or manipulation within the
control of the family, resulting in an unpredictable and chaotic
family environment.”

2.
A family condition is
likely
to result in harm.

According to
OAR 413-015-0115
Harm
means:

(19) “….. any kind of
impairment, damage, detriment, or injury to a child’s physical,
sexual, psychological, cognitive, or behavioral development or
functioning. “Harm” is the result of child abuse or neglect
and may vary from mild to severe.”

3.
The
severe
effect is imminent:
reasonably could happen soon.

According
to OAR 413-015-0115
(47)Severe
harm
” means:

(a)
Significant or acute injury to a child’s physical,
sexual, psychological, cognitive, or behavioral development or
functioning;

(b)
Immobilizing impairment; or

(c)
Life threatening damage.

4.
The family condition is observable and can be clearly described and
articulated.

OAR
413-015-0115 Definitions

(26)
Observable” means specific, real,
can be seen and described.
Observable does not include
suspicion or gut feeling.”

5.
There is a vulnerable child.

According
to OAR 413-015-0115
Vulnerable child
means:

(53)
..a child who is unable to protect himself
or herself. This includes a child who is dependent on others for
sustenance and protection.

A
“vulnerable child” is defenseless, exposed to behaviors,
conditions, or circumstances that he or she is powerless to manage,
and is susceptible and accessible to a threatening parent or
caregiver.

Vulnerability
is judged according to physical and emotional development, ability to
communicate needs, mobility, size, and dependence.

According
to OAR 413-015-1000

Threat
of harm
, includes all activities, conditions, and circumstances
that place the child at threat of severe harm of
physical abuse, sexual abuse, neglect, mental injury, or other child
abuse or neglect.

According to OAR 413-015-0425

Present
Danger
is an IMMEDIATE, SIGNIFICANT, and clearly observable
severe harm or threat of severe harm occurring
in the present.

According to OAR 413-015-0425

Impending
Danger
is a state of danger in which family conditions,
behaviors, attitudes, motive, emotions and /or situations are out of
control and , while the danger may not be currently active, it can be
anticipated to have severe effects on a
child at any time.

The key
word here is severe as in SEVERE HARM and SEVERE
EFFECTS.

According to OAR 413-015-0115
statute (47) Severe
harm
” means:

(a)
Significant or acute injury to a child’s
physical, sexual, psychological, cognitive, or behavioral development
or functioning;

(b)
Immobilizing impairment; or

(c)
Life threatening damage.

Summery

CPS has not proven that that there was any
domestic violence during our argument.

CPS has not proven that the argument
between my spouse and myself could have resulted in
severe harm to our children.

CPS has not proven in any way that our
children have suffered ANY severe harm. Nor have they
shown that any severe effects were imminent such as:

  • Significant or acute injury

  • Immobilizing impairment

  • or Life threatening damage

CPS has not proven that our current mental
condition placed or places our children at a threat of severe
harm.

Because there never was any severe harm or
severe effects caused to our children, and because our situation does
not fit the statutory definition of child abuse or neglect, the
Safety Threats should have been UNFOUNDED.

According to OAR 413-015-0445 and OAR
413-040-0032,
this case should be immediately closed and our
children returned.

I am requesting a court order for the
return of my immediately.

 

Executed: ,

, County

I declare under penalty of perjury that the
foregoing is true and correct.

_________________________________