The family court process as it exists today is a process that operates outside due process. It appears that all the cards are in the hands of the agency of child protection that took your child. It has taken many years, laws and rulings for the family court to grow into the child snatching monster it has become and it will take many more years to bring child protective services back under control.
Right off the bat I will say this; as long as adoption is incentivized under the Adoption and Safe Families Act of 1997, the carnage to the American family will continue. Putting a price on a child's warm body for the forced adoption market was the worst idea the Clinton's EVER came up with. The best thing to do about that is find out who the US Congressmen are for your state and contact them regularly about your dissatisfaction with the price on your #TAKEN child's head. Tell your congressman you want the incentives halted. That's the only way the incentive will be rescinded, in Washington, by Washington lawmakers. As with all things change only comes by active participation and resistance from citizens.
Another form of resistance I want to encourage is resistance against CPS/DHS tactics. The sooner a parent of a #TAKEN child realizes that child protective services primary interest is federal funding and not the best interest of the child, the better off that parent will be in the course of the case and corrupt family court process.
Remembering a few key points will assist you:
The corrupt family court judge does not want anything you say to be part of the written record of the court. That paper trail could be used in appeal litigation at a later time.
The corrupt family court judge will try, very quickly, to appoint counsel to you if you do not have a private attorney thereby effectively silencing you. Once you have counsel, that person is your mouthpiece, in the courtroom and is supposed to act in your best interest.
In corrupt family court cases, the attorney knows the process is corrupt and will stand silently by as your rights, defense and family are ground into the dirt by caseworkers whose goal is to adopt your child to strangers.
The corrupt family court operates under "privacy laws" for the minor child. This is an opportunity for judges as well as caseworkers to stretch policy, bend rules and keep parents in a state of ignorance as to what , if any, rights they have.
You need to remember that it is up to you and NO OTHER INDIVIDUAL to educate yourself to the laws that apply in your state, policy and courtroom procedure, as well as laws concerning cps in your state.
Relying solely on an attorney (court appointed or otherwise) could help you loose your case.
While there are no guarantees in the corrupt family court process, there are definitive actions you can take to assist yourself:
Before you open your door from now until you die, you should always ask, "Who is it?". If the answer is child protective services, your next question should be, "Do you have a warrant?" The truth is in most cases they do not, and even if they have a police officer with them, that does not constitute "right to enter". The caseworker must have that warrant "in hand". Now, they will use every tactic available to them to gain entry, and once they are in, they (like the police) will create probable cause. So use that peephole first, and if you don't know the person on the other side-DON'T OPEN THE DOOR!
If a caseworker has made contact with you and wants you to "just sign for services"-DON'T DO IT. This is another bluff caseworkers use to get a parent roped into services, once you sign, it is the same thing as a contract and you are legally obligated to comply. What the caseworker also will not tell you is once you sign for services, a now endless list of services will be presented to you and you are obligated to complete them because you signed the first one! They will tell you everything from "if you sign the child will be returned shortly" to "if you don't sign, you will never see your children again".
Do not believe the lies that come out of a caseworkers mouth, you are obligated to listen to a judge, follow a judges order, and complete the services the judge tells you to.
Do not "cozy up" to a caseworker. They are trained to use every statement you give them against you.
Do not use CPS in custody battles, your child could end up with strangers permanently.
Get a notebook, make a timeline of events that have already happened, and document every court date, event, visit, and conversation with the caseworker. Any detail, no matter how small, may be the decider in your case. So take a few minutes a day to jot down your impressions, events, and conversations. These notes will help you tremendously down the road.
Take regular photos of your child, make a game of it. Let the child take a photo of you and then take one of the child. You are making a photograph record of the child in foster care.
Communicate with the caseworker via text.
Do not give the caseworker any "extra" information about your life, your childhood, your spouse, or personal information.
Do not turn over any documents such as birth certificates, school or medical records, or social security cards. When you give up these documents you are effectively helping the caseworker erase the paper trail of your child.
Do not sign the "admission of guilt" in parenting class. In my opinion CPS can do its' dirty work with out your signature on the service plan. Your signature on any document is an admission of guilt to their allegations. Your signature engages TITLE IV funding for the agency and the courts.
RECORD EVERYTHING! There is a lot of hoopla about recording a person. To that I say this; A security camera is not illegal in any state in this country. If you do not have a security camera, record everything on your phone and then write it down verbatim in your notebook.
Paper Notes may be used in testimony-cellphones are not.
Don't think for one second that "if you just talk to the caseworker and explain your side of the story", that the caseworker will just "go away". That's not the goal of cps nor their standard operating procedure, they are in this to assign services so they can get title IV funding. Period.
>A few minutes before you appear in front of a judge, a caseworker will hand you a copy of a service plan....NEVER sign that paper at the first hearing. They want you to and will try to convince you its the right choice, if that doesn't work the caseworker may put pressure on you or even threaten you. DON'T CAVE! You need time to read the service plan, go over it with your attorney, and weigh the options of EVERY stipulation on the service plan. If you don't, you may end up regretting it for the rest of your life.
When a judge finally tells you what you are required to do, do that and nothing more. The individualized service plan is a court order, the only person that can change that order is a judge. If cps wants you to complete extra services (and they will) they must present it to the judge and the judge must approve of the added services.
Remember you are not the only person who must comply with the judges order concerning the service plan, the caseworker must comply also. If they do not make your attorney file a contempt motion against the caseworker and cps.
Visits with your child will be the first thing a caseworker tries to not comply on. They will cancel, skip and move visits. The caseworker is required to give you a written schedule of visitation. Make sure you have that before you leave the courtroom. If you don't get the visit schedule in writing you will have to wait until the next court appearance (3 months minimum) to address it with the judge.
You should back yourself up on every court ordered service. For example if a court ordered drug test comes back dirty, immediately get a second one from a different testing facility. If you are required to take a psyche evaluation call the department of mental health and find a free or reduced cost one from a different doctor than the one cps insists on. If you are required to attend counseling, you should consider counseling (at the same time) from a completely different counseling service. Get signatures and receipts of attendance for EVERY class or service you participate in.
Get paper documentation on everything you do concerning the service plan from now on.
You will be frustrated, angry, in tears, depressed, and unhappy over the entire course of this process. Do not show any of those emotions to a caseworker or judge. They will use it against you.
No matter how much the caseworker piles on you, NEVER GIVE UP. Remember you are not alone...reach out.....find a good advocate or friend to talk to. Someone who can help you thru this process, NEVER a caseworker. I assure you that caseworker is not your friend.
Remember there are no guaranteed methods of getting your child back. Avoid anyone who wants money or tries to intimidate or bully you with a "if you just do it my way" scheme.
Don't be afraid to fire an attorney who does not seem to be working on your behalf.
Google is a wonderful tool. Pose your inquiry in the form of a question to google. You will be amazed at the information you will get back. Everything from legal documents, to statistics, to procedure are available.
Remember the district court is not the final word on your case. There is an appeal process for every court. Be timely in your application to appeal. There are deadlines.
Most importantly:NEVER GIVE UP. If one path does not work, find another! These are your children and you must fight this like a soldier in a war. Never stop fighting and at the end if you are terminated....remember the biological bond transcends time, space and the family court process. There are tools you can set in place for your child to find you so you can resume your life together!
You will need every tool possible to fight the corrupt family courts of America and the team of child traffickers that work together to permanently remove your child and barter them into forced adoption.