Legally Kidnapped

Shattering Your Child Welfare Delusions Since 2007


Tuesday, January 30, 2007

Good Advice

Things To Do When Dealing With Child Abuse Allegations


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a.. HAVE A WITNESS PRESENT when orally communicating with CPS.

b.. TAPE RECORD ALL CONVERSATIONS, should you have to communicate with
CPS without a witness present

c.. ALWAYS SEND WRITTEN MATERIALS "CERTIFIED, RETURN RECEIPT REQUESTED,
should you be required to forward a letter or other information to CPS.

d.. KEEP ALL YOUR DOCUMENTATION IN AN ORGANIZED FASHION.

e.. DEVELOP AN UNDERSTANDING OF THE LAW, especially those laws relating to governmental intervention and similarly related sections oft the Family Code.

f.. BE TOTALLY HONEST WITH YOUR ATTORNEY.

g.. KEEP A DETAILED DAILY DIARY.

h.. REVIEW YOUR CHILDREN'S SCHOOL AND MEDICAL RECORDS.

i.. REQUEST A HOME VISIT ONLY, if you are very familiar with how to handle these types of matters or you have someone else qualified, preferably your attorney, with you.

j.. REQUEST A DEPARTMENTAL REVIEW should you feel a complain is justified for the way CPS is proceeding with your case, or you are in need of a clarification of the status of your matter.

k.. REQUEST AN ADMINISTRATIVE REVIEW. Again, make the request in writing and forward it by certified mail, return receipt request.

l.. ATTEND THE EX PARTE HEARING, AS WELL AS ALL OTHER HEARINGS if CPS has taken possesion of your child without a court order under emergency procedures set out in the law.

m.. HAVE CPS DISMISSED FROM THE ACTION, if at all posssible.

n.. ALWAYS DRESS AND ACT APPROPRIATELY when you are in the courtroom.

o.. FIND A QUALIFIED ATTORNEY who is very knowledgeable in these types of cases

p.. TRY TO CARRY ON A NORMAL ROUTINE while your case is going on.



Things Not TO Do When Dealing With Child Abuse Allegations


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a.. DO NOT EVER MAKE AN INTENTIONALY FALSE REPORT OF CHILD ABUSE against anyone

b.. DO NOT USE CERTAIN WORDS AND PHRASES, when communicating with CPS whether or not such communication is oral or written.

c.. DO NOT SIGN ANYTHING without reading all of the fine print and having a complete understanding of all consequences which may result from your signature.

d.. DO NOT BE INTIMIDATED, especially if you are required to go to CPS's offices because they have taken possession of your child.

e.. DO NOT VOLUNTEER TOO MUCH INFORMATION, but be courteous, listen carefully, and wait for the appropriate time to tell your side of the story.

f.. DO NOT DISCUSS THE INVESTIGATION OR LEGAL PROCEEDINGS in front of your children or with anyone else except your attorney.

g.. DO NOT PERMIT CPS TO OVERSTEP THEIR AUTHORITY OR VIOLATE ANY LAWS without at least notifying them of their actions in writing.

h.. DO NOT DESTROY OR DISCARD ANY LEGAL INFORMATION OR OTHER DOCUMENTATION.

i.. DO NOT ARGUE WITH OR THREATEN ANY INVESTIGATOR OR PERSON MAKING A REPORT WITH PHYSICAL ABUSE.

j.. DO NOT INTENTOINAL HINDER, MISLEAD, OR RESTRICT THE INVESTIGATION.

k.. DO NOT BE ASHAMED OR EMBARRASSED bout being accused of child abuse if the allegations are false.

l.. DO NOT SMOKE, USE DRUGS, OR DRINK ALCOHOLIC BEVERAGES while being interviewed by the investigator.

m.. DO NOT "THROW IN THE TOWEL".

n.. DO NOT BELIEVE EVERYTHING CPS TELLS YOU.

o.. DO NOT TRY AND HANDLE A CHILD ABUSE OR NEGLECT ACTION PRO SE.

p.. DO NOT WEAR A "BLACK HAT", always wear a "white hat".

q.. DO NOT THINK YOU ARE ALONE.

r.. DO NOT THINK YOUR CHILD WILL NOT SAY SOMETHING NEGATIVE to an investigator.

s.. DO NOT BELIEVE YOUR RECORD HAS BEEN CLEARED OF THE CHARGES - EVEN IF YOU HAVE just because you receive a closing letter from Cildren's Protective Serveces or a favorable court order closing your case.

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