If you’re appalled by the actions of CPS, here are some ideas for correcting the injustices:
1. Write a letter to each and every member of your county board of supervisors detailing actions that show illegal activities or injustice on the part of local caseworkers. Suggest that they cut the CPS budget if caseworkers are taking children who shouldn’t be separated from their parents. Suggest that these illegal and unjust activities could cause the county to have to deal with expensive lawsuits. Follow this up by regularly attending meetings of the county board of supervisors and by getting up to share during community participation time; use your three minutes to tell people what’s going on.
2. Write a letter to your state legislators (don’t bother with the federal legislators ) Go for the state level legislators. Tell them that child welfare is mismanaged in your county. Then follow up by going to the capitol to try to have a face to face encounter with these legislators. Take with you a gift-offering of a folder you’ve prepared with lots of information about how corrupt and evil CPS is. Tell them you support the State Sovereignty Movement and that federal child welfare laws are a violation of the U.S. Constitution’s Tenth Amendment.
3. Study your state’s social services regulations. You should be able to find a copy at your local county law library. Ask the librarian there for help finding them. If you have an open CPS case take notes on every regulation that’s being violated by your caseworker. Get photocopies of the regulations that are violated. Next, review your court order to see what orders may be violated by the caseworker. If you find discrepancies you can file for a state administrative hearing.
4. Does your county have a Grand Jury? If so, write them a letter, not about your personal case so much as about the problems of CPS injustice in general. Ask them to investigate CPS in your county.
5. If you haven’t already, write a Legal Declaration to clarify each point of malfeasance by caseworkers and others involved in your case. As when writing any letter or legal document, NEVER include any self-incriminating type of statement. Give this to your attorney. If he won’t see you in person, mail it to him and request (1) a response, and (2) that it be presented to the judge for the next hearing.
6. If your caseworker’s report to the court contains inaccurate statements, misrepresentations, or lies, create a legal document called “Objections and Corrections to the Report of the Social Worker” and as with the Legal Declaration, send it to your lawyer to be presented to the court.
Links to legal documents samples are here: Legal Document and Information Library.
7. If your caseworker is violating your court order or state social service regulations, treating you disrespectfully, or in any other way doing something you believe is wrong, write a letter to the county personnel department with a detailed complaint about the person. This will probably keep the caseworker from ever getting a promotion in that county. He or she might also get demoted, or fired.
I hope you find some solutions that will work for you.
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This is some of the most useful information on your site that I have read thus far. Thank you Linda.
I’ve been dealing with the Board of Supervisors for some months now and I can say with a certainty, that any dealings with BOS seems to light a fire under DCFS.
The Policy Guide, Maganement Directives, and Procedural Guide that all CPS, DHS, DCFS (and the rest have) is a very useful tools in challenging the actions and conduct of the workers. Also email works wonderful even if it is one sided. Los Angeles County DCFS has 6 letters of the persons name (departmental employee) then @dcfs.lacounty.gov
you just need to figure out the combination of the first and last name of the person and how they mixed it up. Typically, it’s last name (depending on how many letters, the the first letter of the persons name)
One more very important place many people do not utilize is the “Commission for Children and Families” the also have meeting that you can go and be heard at (3 minutes like a BOS meeting)
I have so much more exciting news but I will share it later. DCFS is back in a corner when parents come armed with this information.
It’s amazing how empowering these things can be to us parents, grandparents, aunties, uncles etc.
God Bless everyone as you continue on for these precious children.
Don’t be afraid of DCFS, be respectful but never fearful, they are just people just like us. So
please don’t be intimidated (like I once was)
Comment by Trina — November 9, 2010
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I am not sure the website is correct but I just wanted to connect with you as I have done all of these things and if they really hate you (CPS) they will go balls out to keep the children away from you and anyone you suggest you would be happy to have the children- hence that they place many kids with the abusive partner or his / her family..
Comment by Punk Lives — November 9, 2010
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Yes, Punk Lives… CPS workers are revengeful and unpredictable. It sounds like they’re determined to keep your kids away from you.
Comment by Linda Martin — November 10, 2010
I had a case in 2007 that I took to trial without an attorney. Case dismissed. I have this website to thank. However, I was told by the judge that “next time” it would be harder for me to fight and I probably wouldn’t beat it. Here we are today. My children are at the receiving home and I am doing everything they tell me to get them back. I can only pray that CPS will see the truth of who I am and quit punishing my children and me for…..who knows what? There have to be some workers that still have some heart and hope. May God have mercy on the rest.
Comment by Marie — November 12, 2010
can you actually win? the county im in and the social worker thats on my case is totaly railroading me. i have no way out. and they are being ruthless. i desperately need help.
Comment by misty — November 13, 2010
Misty – we have to learn to help ourselves because the court appointed lawyers are often quite useless. Start here: Who Will Help Prepare Your CPS Case?
Comment by Linda Martin — November 13, 2010
Hello Linda, Thanks for all you do. You are such a genius, you have paved the way for many others. It hurts me what I’m going through with my children. I don’t want to go into much detail because I am frightened, in addition, I don’t have alot of time right now because I am working. I just want to say that I know I am going to get my children back sooner rather than later, but my heart breaks for my children and the children of many others who suffer today as a result of the corruption that America is facing. Please contact me and let me know how I can help and if there is anything that you can help me with to speed the process along. I would love to go into more detail about my situation but since these comments can be read by anyone I would rather communicate with you in private. My heart breaks everytime I think of the pain that is being caused and whats worst the fact that there is nothing that can be done about the injustice that is present, thats why I am here, for help to let me know what I can do to speed the reunification process along for me and my precious children who I love and miss so much and continue to pave the way for those who suffer. You are so smart, so intelligent. You understand this process so thoroughly and you place your words so eloquently. Everything you’ve said in regards to CPS is so true without a doubt. Please contact me. I really need help, comfort among other things. Thank you for all everything you have done.
Comment by Laina — November 16, 2010 @ 10:51 am
Laina, please register at our message board forum: http://forum.fightcps.com – I’m there nearly every day now. Use a fake name and don’t tell your location, if you’re worried about caseworkers seeing it and retaliating. The message board isn’t indexed by Google.
Comment by Linda Martin — November 17, 2010
I need help with getting my kids back out of state custody please contact me
Comment by shannon — November 19, 2010
Shannon, please register at our message board forum for feedback on your case.
Comment by Linda Martin — November 20, 2010
My attorney was told that all CPS needs is a poilce report. I respond by having them investigated by my state investigation bureau. will find out any day what the outcome is.
I also had someone posing as a CPS investigator show up at my house. showing me creditials from a different state
Comment by Mandey — November 20, 2010
does the 7 ways to fight CPS apply in the state of Louisiana?
Comment by Granny — November 21, 2010
Granny, those ideas are for all states. You may find the terms used in LA to be slightly different, but all states have the same types of programs. Hope this helps!
By the way – there’s a grandparents message area on our message board, in case you’re interested in networking.
Comment by Linda Martin — November 21, 2010
That’s pretty scary, Mandey… and it has happened before. Anyone could show up at your door and demand to take the kids, claiming to be a CPS worker. Children have been kidnapped that way.
Comment by Linda Martin — November 21, 2010
This looks like a very helpful site, but does anyone know if there is a UK equivalent with relevant information. Thanks.
Comment by Toni P — November 21, 2010
ACS REMOVED MY 6 KIDS DUE TO MY SON FALLING OFF THE TOP BUNK THE HAD NO RIGHT TO REMOVE ALL MY KIDS AND I FEEL LIKE MY LAWYER IS RAILROADING ME I NEED HELP
Comment by TAMIKA — November 21, 2010
Hi Toni, there used to be a similar UK site, and I don’t know if it is still on the web. You might find some leads in the UK or Canada sections of our message board.
Comment by Linda Martin — November 21, 2010
Tamika, please consider registering at our message board for feedback on your case. And please, in the future, don’t use all-caps. It is better to use all small letters (all-caps are hard to read on the internet and a lot of people consider them to be “shouting”.)
I’m sure you are being railroaded. One child’s injury shouldn’t cause all children to be detained, but they’ll use that and anything else they can dig up on you to interfere with your life.
Comment by Linda Martin — November 21, 2010
please contact me. I live in Tacoma, wa. I have written letters prior to finding this site and have been planning to attend any meeting i can. this site is a godsend. lexxilexxi[@]yahoo.com is my email and my phone is 253 227 8277. we need to band together. I have a mental evaluation tomorrow and im freaking out because i can be perfect and the cps can still find something terrible to say.
Comment by alexis — November 22, 2010 @ 7:10 pm
Hi everyone i want to remind you that cps abuse is very underdocumented and the site NCAAN (national center on child abuse and neglect) has actual numbers. perpetrators of maltreatment is a list that compares parents vs cps per 100,000 children.
Physicel abuse: cps=160 Parents=59.
Sexual Abuse: CPS=112, Parents =13
Neglect: CPS=410 Parents=241
Medical Neglect: CPS= 14, Parents = 12
Fatalities: CPS= 6.4, Parents= 1.5
Comment by alexis hayward — November 22, 2010 @ 7:23 pm
I am currentlly in case with the CPS and I would like with your help to get my grandchildren back.
Comment by Maira — November 23, 2010 @ 11:07 pm
Maira, there’s a grandparent’s area in our message board: http://forum.fightcps.com
Comment by Linda Martin — November 24, 2010 @ 7:59 am
who do i talk to on the website you gave me
Comment by Maira — November 24, 2010 @ 11:42 am
alexis,
I hope and pray that your mental eval worked out… I believe that an eval is what cps will use against you.. in our case mom was considered defensive against false allegations evals are subjective in my opinion and only make things worse.. sorry but when we get in the system plan on 18-24months
Comment by Frenchy — November 24, 2010 @ 6:29 pm
only god knows ; yet I am certain that kids are falsley removed based on politics/cash/politics/cash courts that hide behide “best interest of the child” Stop with the cookie cutter system IN Fl a head in the bed nets you 1,000.00 FL loves to remove, and adopt great cash flow
Comment by Frenchy — November 24, 2010 @ 6:45 pm
Maira – you talk to everyone there… it is a message board. Post in the ‘newcomers’ section and someone will answer.
Comment by Linda Martin — November 25, 2010 @ 10:13 am
CPS waived their 11th amendment rights by accepting, and agreeing to the terms and conditions of obtaining federal funds.
“Congress, however, with the passage of 42 U.S.C. Sec. 2000d-7, specifically abrogated the states’ Eleventh Amendment immunity for claims brought pursuant to the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d. See 42 U.S.C. Sec. 2000d-7(a)(1) (“A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit for a violation of … title VI of the Civil Rights Act of 1964 [42 U.S.C. Sec. 2000d et seq.]“). Congress waived the states’ Eleventh Amendment immunity for violations of 42 U.S.C. Sec. 2000d occurring after October 21, 1986, the effective date of the legislation. See 42 U.S.C. Sec. 2000d-7(b).”
Comment by Scott Davis — November 26, 2010 @ 12:54 pm
Promoting Safe and Stable Families Family Preservation and Family Support Services grants focus on strengthening families, preventing abuse, and protecting children. These grants help state child welfare agencies and Indian tribes operate preventive family preservation services and community-based family support services for families at risk or in crisis. Community-based Family Resource and Support Grants fund statewide networks of local child abuse and neglect prevention and family resource programs. The Child Welfare Services program provides grants to states and Indian tribes under title IV-B of the Social Security Act. Services are available to children and their families without regard to income. Publicly funded Child Welfare Services are directed toward the goal of keeping families together. Under the regulation, states are assessed for compliance with federal requirements for child protective services, foster care, adoption and family preservation and support services under titles IV-B and IV-E of the Social Security Act. Those services cover the investigations of families where children are at-risk, placements and supervision of children in foster care, development of child permanency plans for court hearings, reunification with birth families, when safe, and adoption. State Child Welfare Reform
Comment by Scott Davis — November 26, 2010 @ 12:55 pm
Plaintiff seeks redress for violation of [A]ll of his, and is family’s constitutional rights, but not limited to “PRIVACY AND THE RIGITH TO BE LEFT ALONE” {emphasis added}. “PRIVACY AND THE RIGITH TO BE LEFT ALONE BY CHILDREN IN PUBLIC SCHOOLS” {emphasis added}. For Violations of certain protections guaranteed to him, family, and [A]ll person, but not limited to [A]ll persons of color, [A]ll persons of color that are Male Parents, by Declaration of Independence, Magna Carter, and the First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Thirteenth and Fourteenth Amendments denial of equal protection under the Fourteenth Amendment. Federal law 42 U.S.C. 1983 Plaintiff seeks redress for violation Rights to substantive due process, due process, and equal protections at law, by state actors who were acting under color of state law, 42 U.S.C.A. § 1983 et seq 5 U.S.C. § 552a (a)(1) (g)(1)(C)(D)(5). UCCJEA, PKPA, 1st, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 13th, and 14th Amendment rights under the United States Constitution in violation of Cleary stabled law. That a reasonable person should have known to be illegal, and unconstitutional invasions of privacy, unlawful disclosures of private and confidently information of the Plaintff and Plaintiff family. Breach of confidence, in breach of the Plaintff and plaintiff family good faith by fraud, deceit, lies, trickery, shamming, withholding evidence, and intentionally misleading the Plaintiffs that was justifiable relied upon by the Plaintiff, and Plaintiff family in good faith.
I. Title 42 U.S.C. § 1985 pertains to a conspiracy to interfere with civil rights. The plaintiff asserts a legitimate claim under 42 U.S.C. § 1985(2) or (3), and pleads to show racial, and or gender class biased action
II. Title 42 U.S.C. § 1986. Action for neglect to prevent conspiracy
Comment by Scott Davis — November 26, 2010 @ 12:56 pm
We therefore reverse the district court’s
grant of summary judgment on that claim. Finally, we hold
that Camreta’s decision to exclude Sarah from her daughters’
medical examinations at the KIDS Center violated the
Greenes’ clearly established familial rights under the Fourteenth
Amendment. We therefore reverse the district court’s
grant of summary judgment on that claim as well.
Comment by Scott Davis — November 26, 2010 @ 1:05 pm
Article 31.
shall be released in accordance with the provisions of the Family Educational and Privacy Rights Act as set forth in 20 U.S.C. § 1232g.
Disclosure of Juvenile Information.
Disclosure of information about juveniles.
(a) The Department, after consultation with the Conference of Chief District Court Judges, shall adopt rules designating certain local agencies that are authorized to share information concerning juveniles in accordance with the provisions of this section. Agencies so designated shall share with one another, upon request and to the extent permitted by federal law and regulations, information that is in their possession that is relevant to any assessment of a report of child abuse, neglect, or dependency or the provision or arrangement of protective services in a child abuse, neglect, or dependency case by a local department of social services pursuant to the authority granted under Chapter 7B of the General Statutes or to any case in which a petition is filed alleging that a juvenile is abused, neglected, dependent, undisciplined, or delinquent and shall continue to do so until the protective services case is closed by the local department of social services, or if a petition is filed when the juvenile is no longer subject to the jurisdiction of juvenile court. Agencies that may be designated as “agencies authorized to share information” include local mental health facilities, local health departments, local departments of social services, local law enforcement agencies, local school administrative units, the district’s district attorney’s office, the Department of Juvenile Justice and Delinquency Prevention, and the Office of Guardian ad Litem Services of the Administrative Office of the Courts, and, pursuant to the provisions of G.S. 7B?3000(e1), the Division of Community Corrections of the Department of Correction. Any information shared among agencies pursuant to this section shall remain confidential, shall be withheld from public inspection, and shall be used only for the protection of the juvenile and others or to improve the educational opportunities of the juvenile, and shall be released in accordance with the provisions of the Family Educational and Privacy Rights Act as set forth in 20 U.S.C. § 1232g. Nothing in this section or any other provision of law shall preclude any other necessary sharing of information among agencies. Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney.
(b) Disclosure of information concerning any juvenile under investigation or alleged to be within the jurisdiction of the court that would reveal the identity of that juvenile is prohibited except that publication of pictures of runaways is permitted with the permission of the parents and except as provided in
Comment by Scott Davis — November 26, 2010 @ 1:06 pm
20 U.S.C. § 1232g
20 U.S.C. § 1232g(a)(4)(A)
20 U.S.C. § 1232g(b)(1)
20 U.S.C. § 1232g(b)(1)(I)
20 U.S.C. § 1232g(b)(1) (J)
Comment by Scott Davis — November 26, 2010 @ 1:09 pm
Mr. Davis filed a Motion to Suppress Illegally Obtained Evidence on February 26, 2009. (Rpp. 6-7) A hearing was held on that same day before Superior Court Judge W. Osmond Smith who denied the motion without prejudice because it had not been filed with an affidavit. (2/26/09, Tpp. 8, 10)
Comment by Scott Davis — November 26, 2010 @ 1:10 pm
Motion in Limine
Mr. Davis filed a Motion in Limine on September 8, 2009 in which he sought to suppress certain documents. (Rp. 26) Specifically, Mr. Davis sought the suppression of (1) the Certification of Report of Birth of J.D. , (2) the Consular report of Birth Abroad of J.D., (3) “[a]ny and all applications or other documents regarding Medicaid/NC Health Choice as they relate to [J.D.],” and (4) “[a]ny other documents that relate to [J.D.] that were either in the possession of the Wake County School System and were turned over to law enforcement and/or the Wake County District Attorney’s Office.” (Rpp. 26-27)
Comment by Scott Davis — November 26, 2010 @ 1:11 pm
A month after receiving the report, Ms. Doyle met with Mr. Davis’ daughter, J.D., on the first day of school, August 27, 2007, at Kingswood Elementary in Cary. (Tpp. 4-5) While at Kingswood Elementary on the first day of school, Ms. Doyle looked through J.D.’s school records and met with the guidance counselor and principal. (Tpp. 6, 13)
Comment by Scott Davis — November 26, 2010 @ 1:12 pm
On a later date, Ms. Doyle returned to Kingswood Elementary and provided the school with a copy of a North Carolina statute which, according to Ms. Doyle, allowed CPS to have access to school records. (Tpp. 5, 13) Ms. Doyle requested and was given copies of J.D.’s school records. (Tp. 7)
Comment by Scott Davis — November 26, 2010 @ 1:12 pm
Mr. Davis’ motion in limine, the court noted “[w]hile it does step to the edge there is no question that disclosure of information, the investigator for the Department certainly had the authority to view, based upon the statute, the records that were provided – educational records that were provided, and according to both the local order and 3100 authorized to share those records with law enforcement.” (Tp. 26)
Comment by Scott Davis — November 26, 2010 @ 1:13 pm
Danielle Doyle, an investigator with Child Protective Services (CPS) received a report regarding Mr. Davis’ family in July of 2007. (Tpp. 40-41, 43) Ms. Doyle stated that she attempted to reach the family for several weeks and was not successful. (Tp. 43) According to Ms. Doyle, the following attempts were made: (1) made a home visit and left a duplicate note; (2) drove past the house several times but did not see any cars in the driveway; (3) on one occasion, there was a car leaving the driveway when Ms. Doyle pulled in but no contact was made; and (4) stopped at defendant’s home the morning of the first day of school but no one was home. (Tp. 43) On the first day of school, August 27, 2007, Ms. Doyle made contact with Mr. Davis’ daughter, J.D., at Kingswood Elementary in Cary. (Tpp. 44-45, 59) While at the school that day, Ms. Doyle looked through J.D.’s school file and made notes. (Tp. 47) Ms. Doyle obtained a copy of the school file two weeks later. (Tp. 47)
Comment by Scott Davis — November 26, 2010 @ 1:14 pm
After collecting the information from the school, Ms. Doyle passed it along to Detective Michelle Savage with the Cary Police Department. (Tp. 54) Detective Savage is a detective in the domestic violence unit and she referred cases to Child Protective Services when there was a child present or involved during a domestic incident. (Tp. 63)
Comment by Scott Davis — November 26, 2010 @ 1:15 pm
A report was filed with Children’s Protective Services (CPS) in July of 2007, which prompted an assessment of Mr. Davis’ family. The investigator assigned to assess the Davis family was twice given access to the school records of Mr. Davis’ daughter, J.D. In a pre-trial motion in limine, Mr. Davis sought to suppress the documents the CPS investigator illegally obtained from his daughter’s elementary school. Although the trial court acknowledged that this case “step[ped] to the edge,” it denied the defendant’s motion and documents from J.D.’s school file were admitted at trial.
Comment by Scott Davis — November 26, 2010 @ 1:17 pm
N.C. Gen. Stat. § 7B-302(a) provides:
When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition.
In conducting the assessment, N.C. Gen. Stat. § 7B-302(e) instructs:
The director or the director’s representative may make a written demand for any information or reports, whether or not confidential, that may in the director’s opinion be relevant to the assessment or provision of protective services. Upon the director’s or the director’s representative’s request and unless protected by the attorney-client privilege, any public or private agency or individual shall provide access to and copies of this confidential information and these records to the extent permitted by federal law and regulations.
(emphasis added).
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, is a federal law that prohibits the release of education records of students without the written consent of their parents. 20 U.S.C. § 1232g(b)(1). FERPA defines “education records” as “those records, files, documents, and other materials which contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. § 1232g(a)(4)(A). Although FERPA provides for exceptions, such as for emergencies and subpoenas, 20 U.S.C. § 1232g(b)(1)(I) &(J), see e.g., Loud Records LLC v. Minervini, 621 F. Supp. 2d 672 (W.D. Wis. 2009)(rejecting argument of a FERPA violation when information was released pursuant to a subpoena), CPS’ request for J.D.’s education records did not fall under either of those two exceptions.
In the instant case, Danielle Doyle, an investigator with Child Protection Services in Wake County (Tp. 16), failed to heed to the limitations placed on her investigation by N.C. Gen. Stat. § 7B-302(e). Ms. Doyle was conducting a family assessment following a report received from Detective Michelle Savage of the Cary Police Department in July of 2007. Ms. Doyle claimed she attempted to contact Mrs. Davis but was not successful. On the first day of school, Ms. Doyle surfaced at the school of Mr. Davis’ daughter, Kingswood Elementary, and spoke to Mr. Davis’ daughter, J.D. On this occasion, personnel at Kingswood granted Ms. Doyle access to J.D.’s education records. Ms. Doyle did not have a subpoena, there was no testimony of an emergency, and J.D.’s parents were never notified that J.D.’s education records had been released to Ms. Doyle. Two weeks later, Ms. Doyle returned to Kingswood Elementary, presented school personnel with a “memorandum with General Statutes” and obtained copies of J.D.’s education records. The “memorandum with General Statutes” Ms. Doyle used to get copies of J.D.’s education records was not a subpoena and, therefore, did not meet the exception noted in FERPA. The release of J.D.’s education records was in violation of FERPA and, therefore, of N.C. Gen. Stat. § 7B-302.
In denying the defendant’s motion in limine to suppress documents Ms. Doyle had seized, the trial court cited N.C. Gen. Stat. § 7B-3100. (Tpp. 24-26) N.C. Gen. Stat. § 7B-3100 provides:
The Department, after consultation with the Conference of Chief District Court Judges, shall adopt rules designating certain local agencies that are authorized to share information concerning juveniles in accordance with the provisions of this section. Agencies so designated shall share with one another, upon request and to the extent permitted by federal law and regulations, information that is in their possession that is relevant to any assessment of a report of child abuse, neglect, or dependency….
(emphasis added).
Again, this state statute is limited by applicable federal law and regulations, as evidenced by the “to the extent permitted by federal law and regulations” language that appears in the statute. N.C. Gen. Stat. § 7B-3100 includes “local school administrative units” among the “agencies authorized to share information” but local schools are subject to FERPA.
Comment by Scott Davis — November 26, 2010 @ 1:19 pm
Pursuant to N.C. Gen. Stat. § 7B-3100, the Chief District Court Judge for the Tenth Judicial District, which includes Wake County, issued a Standing Order. (Rp. 23) The Standing Order lists agencies that are authorized to share information “for the limited purpose of providing protection of the juvenile and others or to improve the educational opportunities of the juvenile.” Among the agencies included are all of the “constituent components” of Wake County Human Services, which include Children’s Protective Services and the Wake County Public Schools. The Standing Order, however, concludes that “[a]ll information shall be released in accordance with the Provisions of the Family Education and Privacy Rights Act as set forth in 20 U.S.C. [§] 1232g.” (Rp. 23) Once again, the broad authority to share is trumped by the federal law that prohibits the release of education records unless parental consent is obtained, an emergency exists, or a subpoena has been issued. Ms. Doyle did not testify that an emergency existed when she accessed the education records. In fact, Ms. Doyle testified that she looked at J.D.’s file on the first day of school and returned two weeks later for copies. Such a lapse in time strongly suggests that an emergency did not exist. Ms. Doyle also did not testify that she had a subpoena for J.D.’s education records. And Mr. Davis was purposely not notified. Without parental consent, an emergency, or a subpoena, 20 U.S.C. § 1232g(b)(1), (b)(1)(I) and (J), Kingswood Elementary should not have released J.D.’s education records to Danielle Doyle while Ms. Doyle was simply conducting an assessment of the Davis family.
Furthermore, the Standing Order in effect at the time Ms. Doyle accessed the school records of Mr. Davis’ daughter allowed the sharing to take place once a petition had been filed. (Rp. 23) The first time Ms. Doyle looked through J.D.’s file, August 27, 2007, she was simply beginning her assessment of the Davis family. The second time, two weeks later, Ms. Doyle accessed the school records and copied them, the assessment was still ongoing and a petition had not been filed. In fact, a petition for custody of Mr. Davis’ daughter was not filed until October 2, 2007. Therefore, the sharing of information was premature according to the Standing Order in effect at the time.
Comment by Scott Davis — November 26, 2010 @ 1:20 pm
the Sixth Amendment guarantees a defendant the right to assistance of counsel. U.S. Const. amends. VI and XIV; see N.C. Const. Art. I, §§ 19 and 23. The right to representation by counsel has been interpreted as the right to “effective assistance of counsel.” United States v. Cronic, 466 U.S. 648, 654, 80 L.Ed.2d 657, 664 (1984).
In Strickland v. Washington, 466 U.S. 668, 688-92, 80 L.Ed.2d 674, 693 (1984), the United States Supreme Court announced a two-prong test to determine whether counsel was ineffective:
First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.
See also State v. Braswell, 312 N.C. 553, 562-63, 324 S.E.2d 241, 248 (1985) (“expressly adopt[ing] the test set out in Strickland v. Washington as a uniform standard to be applied to measure ineffective assistance of counsel under the North Carolina Constitution”).
Comment by Scott Davis — November 26, 2010 @ 1:27 pm
I am a board member of an advocacy agency for disabled kids. Our agency (a local chapter of a national organization) would like to become active in putting CPS “on notice” in our state that we are watching them and whatever other action will be helpful to our families. One of our families had their children taken in June and they still are not reunited. Can I get some direction here on what to do next? We feel comfortable going to the media, writing letters, making freedom of info requests, talking to our legislators, etc. Can I get some guidance to know how to be most effective for our families?
Comment by Susan — November 27, 2010 @ 9:32 pm
Hi Susan, thank you for caring about the families that are being torn apart! If the children are receiving SSI for disabilities they are an extra income source for CPS agencies, and are targets. One of the best things you could do is to arrange for expert witnesses to testify in favor of the parents’ case. Testimony by expert witnesses is especially helpful but most parents are unable to afford to pay experts, or simply don’t realize how much they are needed. For those who can’t testify in court… a legal declaration or letter in favor of returning the children to the parents might help.
Comment by Linda Martin — November 28, 2010 @ 10:04 am
We have done that for our current family and got very high profile expert witnesses involved in addition to the ones recommended by their attorneys.The State looked like idiots in court — they had clearly met their match. The kids have been in foster care for 7 months none-the-less. What can we do proactively to keep this from happening in our state again and again? I see lots of great ideas on your website for individuals to explore when their own kids have been taken, how about some ideas for large, connected organizations that would like to take this on as a project? I’d like to get other organizations to join in the battle as well.
Comment by Susan — November 28, 2010 @ 11:45 am
Afterthought… in our state, disabled kids get Medicaid to cover therapies, so the SSI payments are just a portion of the $ saved when the kids are taken into care. The kids I originally wrote about received almost no therapies or medical treatment while in care (just psych meds and vaccines being pushed on them).
Comment by Susan — November 28, 2010 @ 11:48 am
Seek counsel from your members. Surely one or two of your members must be attorneys or find attorneys with disabled children who are looking to do pro bono work. Almost all law firms require that their members dedicate some hours to pro bono work.
Your greatest defense would be to have a legal defense arm like the Home Schoolers.
Comment by Maggiec — November 29, 2010 @ 7:12 pm
Social services has stole my kids for the second time. They claim that they are at risk of being abused because their dad is a sex offender. Their father and I are no longer together, I left him the first time they started on my family. They have people who want to adopt my kids all lined up since the first case. They have made it impossible for our family to get them because they have my children and i isolated in VA while our family is in MI. Please someone help us! They have never been able to find physical evidence of any type of abuse or neglect because their is none but they do what they want.
Comment by Brandy — November 30, 2010 @ 12:06 pm
Susan, there’s a lot of double-dipping going on. For example, they may be getting federal funding plus requiring parents to pay child support, plus get social security payments. Nobody seems to be over-seeing all this to make sure excess funds aren’t being requested. CPS is the no-oversight agency that seems to be able to get away with almost anything.
Comment by Linda Martin — November 30, 2010 @ 3:29 pm
Finally!!! A website that truly advocates for the parents!!! This is definitely refreshing that there are many other parents like myself (unfortunately in these horrid situations) that refuse to stand for what CPS/ACS is doing!!! Everyone keep fighting for your children!!! Never give up!!! No matter what!!!!
Comment by JC — December 1, 2010 @ 4:48 pm
Also a note to the wise, a parent advocate at a foster care agency in NYC had gotten whiff of info from Albany, NY in 2007 stating that the foster care agencies should try to keep as many children in foster care as they can.. she advised me & others to keep fighting for your children!!!
Comment by JC — December 1, 2010 @ 4:52 pm
Friend called wanting to know what her friend could do about his baby’s mother going to CPS and filing false allegations that he has been shooting heroin in his neck and then illegally accessed his facebook page and writing that he is a drug addict.
CPS went to his other child’s school and asked his son questions then went to my friends and started questioning him.
Comment by LAURA MCMAHAN — December 13, 2010 @ 1:40 pm
Laura, he should take a look at this site and find out how to respond to CPS agents before they get the best of him.
Comment by Linda Martin — December 14, 2010 @ 2:19 pm
CPS took my daughter’s children today and gave them to a father who has no driver’s license, no job and no means to support them. My daughter has not been accused nor charged with ANYTHING!. She has followed all the guidelines CPS required in her case where her current husband is falsely accused of indecency with a child. He has had NO contact. But CPS took her children anyway stating that she was told not to talk to the children about the incident. THIS IS A BLATANT LIE. No one told her anything of the sort. Now she has no way to hire an attorney and her ex-husband has three very devastated children. What can we do to get these children back?
Comment by Virginia — December 15, 2010 @ 1:22 am
Virginia, you can get feedback on your case at http://forum.fightcps.com … your daughter needs to know NOW that if she signs any papers at juvenile court she’ll be giving up her right to a trial which is the ONLY place the caseworker will ever have to PROVE her allegations. She needs a lawyer as soon as possible… preferably a private lawyer from out of town that will fight tooth and nail to help her.
Comment by Linda Martin — December 15, 2010 @ 10:35 am
I think the only thing that will stop these people is fire, gas bottles, and mata cocktails for them all!
Comment by richard — January 11, 2011 @ 8:07 pm
‘Russian people are smarter than us that is how they solved there socialist problems!
Comment by richard — January 11, 2011 @ 8:08 pm
I feel like I ve been railroaded, by CPS. My child was taken away from,me by CPS ,May of 2010 stating that I burned, my stepson with a iron, but he told them,that I didn t do it even, his older brother said tha, I didn,t do it. It was investigated by a detective ,he even told, me it wasn,t intentionally, But he never showed up in court to testify on my behalf.CPS never subpeanaed him,or my lawyer. They went on my past history , that happen 15 yrs ago.n They even tried to use it against me stated that I abused, sexual abused, my stepdaughter, but it was ruled out. I was forced to sign my rights over by my, lawyer, which he influnced, my sister, but i appealed my case b cause my lawyer , told me ,he would do everything for me to keep, my son but at court or mediation he did just the opposite. what should i do?
Comment by summie j t — February 1, 2011 @ 3:52 pm
CPS has got involved in my life over an accident. They took,my son, I signed,my rights do to deress. I appealed my case what and go back to court in a month what shall I do?
Comment by summie j t — February 1, 2011 @ 3:59 pm
Summie, ask for a trial if you haven’t already signed papers in court. Make them prove their case… and you will have to prepare to try to prove your innocence.
Comment by Linda Martin — February 3, 2011 @ 2:17 pm
I suffer from a chronic pain cond, that resulted in substance abuse to deal w/pain. I sought treatment, was hospitalized for 2 mos. CPS was called because of a blood test. I had done NOTHING wrong. They took my kid and I’ve not neglected nor abused nor broken a law. I’ve never been in trouble and my son is my HEART. I am so heartbroken…what can I do?
Comment by Heartbroken Kay — February 22, 2011 @ 6:18 pm
CPS HAS BEEN DESTROYED THEY ARE NO MORE FINISHED ……………………….ALLAH BROUGHT TO YOU BY THE GOLDENCHILD
Comment by lerenzo palmer — February 23, 2011 @ 1:29 pm
all i can say is wow my first experience with cps and i am at a loss i did not realisze how much control they have over our families–god help us all
Comment by bonbon — March 22, 2011 @ 4:49 am
I went to an organization with my husband and 11 month old son seeking services. While my sister was changing his diaper, the social worker noticed a burn on his hand. They detained us for a considerable amount of time and later it was found that they called CPS. Due to some surgeries I’ve recently had, I am being accused of being a drug addict, they want all of my hospital records, pharmacy reports, etc…. We were there seeking help for housing, CPS has decided for us that we are living in a car with our son, please comment.
Comment by Veronica — March 27, 2011 @ 6:47 am
For parents Suffering from CPS injustice in the state of Arizona. There are 2 resources that Truly help me in my case. The State Umbudsman’s office and the Family Advocacy Agency. I cannot post their numbers here but google them and you will find it. The case worker took my children away with out notifying me and I have not been able to see or talk to them for 3 weeks. I did not know what had happend or why but these 2 agencies got through and I finally recieved a call from the case worker. They are there to help!!
Comment by Bethanny — April 12, 2011 @ 2:33 pm