What to do if CPS Shows up at Your Door / Journey Boost

http://journeyboost.com/2015/05/21/what-to-do-if-cps-shows-up-at-your-door/

Sometimes children are harmed in their homes. This does not make every parent a suspect. In our current hyper vigilant age, there are more parents being reported to CPS than ever before.

Loving parents who refuse a recommended medical treatment for their child can be reported by a doctor who might fear losing his license to practice medicine.
Neighbors or estranged family members may report a family despite the lack of grounds to support any allegations of abuse.
Parents with a sick child seeking a second opinion have been reported to CPS by hospital or medical authorities.

More parents are experiencing a visit from CPS than ever before, and since sometimes those visits have resulted in the quick removal of children – despite no grounds to allegations or harm or abuse – it is critically important for every parent to have a good idea of how to respond to a CPS visit. Don’t think ‘it can’t happen to me.’ Take any visit by CPS seriously.

The most significant mistakes made by parents are usually in the very first encounter. If you can understand how to handle the very first encounter with CPS you can increase your chances of maintaining your family’s rights and freedom. CPS will often seek to take a family by surprise. Be prepared.

1. THE KEY: Be polite & SAY AS LITTLE AS POSSIBLE. You might be terrified inside. You might be absolutely angry if you feel there is injustice going on, but the number one thing you can do is stay calm and be polite. Anything you say can be twisted. Do NOT DEFEND YOURSELF. Do NOT volunteer information.

2. Do NOT let them in your house. Be nice but STAY FIRM. Have one statement ready and repeat it over and over “I know you are just doing your job, but my main obligation is to my children and to help them avoid unnecessary trauma.” If they do not have a warrant and there is no obvious emergency, they are not allowed access to your home. If a police officer is with them, they all know it is illegal to enter a home unless you CONSENT, or unless they have a warrant or can hear an emergency situation going on. DO NOT CONSENT.

3. Ask permission to ask THEM questions. “I realize you are just doing your job. Would it be ok if I asked you a couple of questions?” Ask if you can record the conversation. If you need to get your cell phone, close the door and say, “I need to get something.”

“Firstly, do you have some identification? After you get their ID, write down their name, then ask, “Can you give me the name and phone number of your supervisor.” Write it all down. Take your time.

Next “What are the exact allegations that have been made against me? Federal law requires that I should be informed of any allegations against me.”

Ask them if they have a warrant. Be direct. “Do you have a warrant to search my home or speak to my children?”
Without a warrant they must gain your consent to enter your home or speak to your children. They are doing their job. Their supervisor has instructed them to make this visit and they will use whatever tactic they feel will be effective to GET MORE INFORMATION AGAINST YOU. They may alternate between: trying to be nice, being firm, threatening or trying to bargain with you. Stay immune to every tactic. Know your rights. Do not get caught up in their games. Don’t engage them except on the questions above.

4. Tell them you are going to contact your attorney and when you get them on the phone, you will allow them to speak to your attorney. Close the door. Phone your attorney so the attorney can speak to the CPS social worker and help them to leave. Your attorney will know the law and remind the social worker of your rights. It is always a good idea to have an advocate on your side.

What do I do if I don’t have an attorney?

If you are a Christian and Homeschooling you might like to consider joining Heritage Defense.

[1] If you are homeschooling you might like to join Home School Legal Defense Association who will defend you against allegations by social services as they pertain to homeschooling. Both organizations require a monthly or yearly fee but are available for telephone help immediately in any emergency situation you might face.

I pray you will never need to use this information. Unfortunately, in the present time of extensive government involvement in the lives of parents, many parents have found themselves in complex situations with CPS. It is better to be forewarned and forearmed. Your number one desire is to protect your children from harm. Too often CPS has brought more harm than help.

Please share your tips for keeping your family safe from unwarranted intrusion in the comments below.

Becky Hastings

Lou Pelletier: Justina dying under care of Massachusetts

http://www.myfoxboston.com/story/25070872/permanent-custody-of-justina-pelletier-awarded-to-mass

BOSTON, Mass. (MyFoxBoston.com) –Lou Pelletier, the father of 15-year-old teenager Justina Pelletier is speaking out against a Tuesday ruling in which a judge gave permanent custody to Massachusetts Department of Children and Families.

A juvenile court judge ruled that the Department of Children and Families has “permanent” custody of Justina, until May 25, according to the Pelletier family’s attorney, Matt Staver.

“She needs to be home,” Lou told FOX 25’s Maria Stephanos. “She is mentally, and more importantly physically, dying under the care of the state of Massachusetts.”

On May 25, the judge will then revisit the issue of who is granted custody of Justina in another follow-up court hearing.

Staver said the Pelletier family will now pursue an appeal to send the case to a higher court.

“This is not justice for Justina, or the family,” Staver said.

The Connecticut teen was treated at Children’s Hospital in Boston for almost a year and was previously in Children’s locked psychiatric unit for treatment.

Pelletier was diagnosed with mitochondrial disease years ago – a condition causing muscle pain and weakness. Then, almost a year ago, she was admitted to Children’s with the flu.

At the hospital, her parents say a different set of doctors diagnosed her with “somatoform disorder,” in short, saying she suffered from a mental illness, not mitochondrial disease, and that her symptoms were psychologically induced. The hospital took her off all of her medications, Lou Pelletier said.

When her parents reportedly disagreed and asked for a second opinion, they lost custody of their daughter. DCF was called in after just four days. The parents haven’t had custody since last February.

“Based on credible psychiatric and medical evidence this court has found that Justina suffers from a persistent and severe Somatic Symptom Disorder,” the judge stated.

In December, the Connecticut Department of Children and Families determined that Justina’s parents, Linda and Lou, neglected Justina, and that “return of custody of Justina to her parents was not in her best interest.”

Justina’s parents, the judge continued, “engage in very concerning conduct that does not give this court any confidence they will comply with conditions of custody.”

The decision finished by stating that the judge is ready to help return Justina to her “home state of Connecticut,” but did not specify whether that meant her home, or a placement in a Conn. DCF facility.

The Massachusetts Department of Children and Families released a statement on the judge’s ruling on Tuesday evening.

“DCF’s primary goal has always been the health and well being of Justina, and finding a solution that would allow her to return to Connecticut. That has not changed in the face of this ruling,” the statement read. “The Department is exploring all options that will allow Justina to return to her home state where she has the support of her friends, family, school and community.”