My daughter has reported me to child protective services 4 times, what can I do to stop CPS from repeated investigationsMy daughter has accused me of child abuse 4 times now. I have had the company of cps in my home drilling my seven year old son and my self. Three times in the past they have found nothing. Now my ex is in the mix and telling the SW that I am an agressor and that I am bi-polar. He has been accused of domestic abuse not just by me and he has serviced time for attempted murder, drugs and DUI. I have never been diagnosed with bi-polar and will never be. My daughter is now with him and they are both treating me like a criminal. He will not allow me to see her even though I have physical custody. I am tired of the accusations and being put throught the ringer both myself and my son. She need help and he doesn't beleive in phyciatric help. How is it that cps can be allowed to come in to me home on four different occations cause lack of sleep, stress in my home and no one will put a stop to it. I understand the need to protect the children, but 4 times....why.
Additional information
What can I do to stop the false alligations and what are my rights to protect my son and myself. Attorney answers (4)
The most revolutionary enactment in our nation's history is the CAPTA apparatus. It has spawned more fraud, more child abuse and more financial ruin than any other federal enactment in our nation's history. Even prohibition did not yield results like CAPTA.
Congress all of a sudden became the nation's au pair, the baby sitter of all baby sitters. They packaged huge sums of money for child protection. So, at the slightest allegation, the local government earns huge sums of federal money for inviting themselves into your house and conducting an illegal search and seizure. At the appellate court level, since protecting our children is so "critical", the local appellate divisions have centralized control over attorneys for the children, have established "lists" of "qualified" psychologists and, of course, maintain control over judicial orders and private attorneys through the lawyer's disciplinary committee. Hence, these appellate divisions are the root cause of parental alienation today. We are teaching our kids this. Behind out backs, our teachers are teaching children that they can call in a complaint to 911 and police will come and save them. The more scheming among our youth are now using this as a vehicle to come out from under parental control and take up residences elsewhere free of the fetters of a normal family. Then, these kids are learning to sue their parents for child support. This child protective legislation has leaked into divorce courts. Ordinary custodial proceedings are now including forensics and childrens' attorneys. Suddenly, childrens' attorneys are being assigned in all custody cases and we are seeing court appointed psychologists rendering their reports to the court. These reports are nothing more than hearsay collected under one cover and forwarded to the court. Many cases do not even yield a report; letters from the court appointed psychologist are all that are needed. Divorce cases are manipulated when the court suddenly assigns a custodial evaluator who begins to "recommend" the removal of the child from the custodial parent. The flip is made and the losing parent goes into trauma. The rest of the case falls apart. Appeals all lead nowhere. In the more sophisticated frauds, both parents are cleaned out to pay for these services. Private counsel is forced to lose his independence and professional judgment. Upon the removal of the child, private counsel is forced to change sides and begins to work against you. Your lawyer will be forced to advise you to accept the results foisted upon you and will threaten to leave your case if you refuse. This happens because this system has taught your lawyer that if he cooperates with the operatives, he'll win a few big cases using these CAPTA techniques. So, returning to your case, given the importance the local governments are placing on getting money for child protection, you are open season a far as CAPTA enforcement goes. You must watch your step. A CAPTA proceeding will suck you onto a court's calendar, keep you there for years, remove your children, have you fulfill numerous requirements (anger management, parenting coordination) and drain you of your financial resources. If you fight, more charges of abuse will be manufactured. The humiliation and embarrassment this will cause is monumental and the destruction to your children will be permanent and irrevocable. Only a handful of state senators in a few states have realized what is going on in this area of the law. Lastly, never go into court unrepresented no matter what you do. 17 people marked this answer as good
Judith Ann Routledge, licensed in California
John M. Kaman, licensed in California
Add comment
Unfortunately with charges like this, police officers will respond to investigate the situation, and having an ex giving input to a social worker does not make the situation any easier. Have you been formally charged at this point? If you would like to discuss your case futher, please feel free to contact me at (323) 377-2134. www.nicolevaleralaw.com
7 people marked this answer as good
You can't do it through any court orders. You can only do it through some sort of mediation with your daughter that helps heal that relationship. In Los Angeles County, the Department of Children and Family Court Services uses a computerized program to help them determine which of the 3000 calls to the abuse hot line trigger a visit from a social worker. The fact that prior reports were made increases the chances of a subsequent investigation under this formula. Under California law, the identity of persons making abuse and neglect reports is confidential.
1 person marked this answer as good
I refer you to the post by Peter Christopher Lomtevas, but would add that the only thing that you can do is get a very good attorney who specialized in this area. If the current charged are found to be unsubstantiated, I would recommend bring an action in superior court for custody if you have no custodial orders or are not in any judicial proceeding.
2 people marked this answer as good
One or more answers have been taken down.
Other answers (4)
James
Answered by a user, about 3 years ago.
CPS doesn't have authority to go through your doors without a court order. They don't have a right to take your kids without a writ of habeas corpus. If you let them through your doors, that's on you. Make them take you to court.
CPS almost always makes a finding of "unfounded" cuz they just wanna get paid for doing their time and don't care. They find abuse when there is none and they don't find abuse when there obviously is some. If there's no court ordered visitation then you don't have custody, neither does he. But, he obviously has pysical custody if he physically has the kid. 5 people marked this answer as good
ewolcott3
Answered by a user, over 2 years ago.
HMM I grew up in Torrance! How old is your child? CPS will keep showing up no matter what. If you can afford an attorney get one fast. At least to get those people out of your life ASAP
2 people marked this answer as good
manalisayk
Answered by a user, almost 3 years ago.
James was right on. CPS should have never come out to my home. They aren't going to find anything because they won't with a 5 year old. I would not have known that I would be punished for trying to help my baby.
Ultimately her father is going to continue to destroy her and this family. Power is his number one need. The only solution in these cases is a custody evaluation that goes on for months. This is the best determining factor. 4 people marked this answer as good
manalisayk
Answered by a user, almost 3 years ago.
I have a 5 year old and have a situation as well. On the reverse, my ex has been domestically violent to me then turned it around and psychologically abused our daughter, telling her not to tell CPS what he did or they would take Daddy away from her. I am pursuing a full custody evaluation and if this judge believes the drama from my ex husband, then perhaps I need a new judge. By the way, my ex tries to make me appear like a criminal as well, claiming I have mental disorders. Once a man does this the court should be concerned. This is how my ex husband starts every court hearing. He uses persuasive appeal to divert the judge from the real issues to my so called mental illness. He even made one up, called panic abandonment. I have a background in counseling and there is no such disorder. I recommend going to lundybancroft.com. I have read his book, Angry and Controlling men and I highly recommend him. He understands abuse and how the abuser twists the story. Abusers are weak men searching for control, in the process they destroy their families. My little girl was with me since birth. The judge put her in a home with a bunch of men, some weekend women and no bedroom, except my crafty ex husband staged a bedroom.
Find Ethics Lawyers |