|
|
|
Find your state’s open records laws to get access to your CPS and court files
|
|
What should you do if you see an abused or neglected child? View Purchase printable copy $.95
|
|
|
|
Sample motion for a finding of NO Reasonable efforts - (Florida) body of motion only. You will want to include a brief history of the case before this section of the motion. View
Attached memorandum of law - Florida (modify for your state) view Purchase printable copy $1.25
|
|
Civil Rights complaint filed by our director against Fremont County, Colorado actors
Supplemental Pleading
Defendants’ motions to dismiss: Kender Owen DHS
Replies to motions to dismiss: Kender Owen DHS
Warning - These pro se pleadings are not perfect. We don’t recommend using them in your case.
|
|
The Law of Child Abuse and Neglect in Connecticut by Paul Chill University of Connecticut School of Law. A good analysis model for any state.
|
|
Memorandum of Law for Fifth Amendment Arguments - The court cannot order you to provide information which will be used against you under the subterfuge of psychological evaluations or therapy. This will undermine the effectiveness of therapy and evaluations which will render the treatment plan inappropriate. These arguments will support your assertion of your fifth amendment right against compelled self-incrimination. Currently Arizona and New Jersy Supreme Courts have recognized this principle. View
|
|
Sample Requests for Admissions - the poor man’s deposition. See Rules of Civil Procedure rule 36. Use request for admissions to establish the record on important key elements of the case for the purposes of eliminating the points admitted to from the legal controversy. It is important to properly follow up on these admissions, particularily to insure that any issue admitted to is not subjected to adversarial testing during any hearing. A fact admitted to is stipulated to on the record. These can actually shut down Terminations of Parental Rights, to force the judge to find Reasonable Efforts were not made, to prove the children were removed unnecessarily, that treatment plans were inappropriate, and more. View Purchase Printable Copy $1.25
|
|
Memorandum of Law and Objection to Closed Hearing
Court watchers, friends and family of parents and children involved in a child protection case have routinely been excluded from child protection hearings. If, as a court watcher or family supporter you want to make your stand against star chamber proceedings under the guise of confidentiality, you can use this document to enter your argument into the record against closing the hearing. When ordered to leave, you stand and object. Have copies of this memorandum of law for all parties and ask to provide them to the court and parties. Then you have a choice. . .to leave if still ordered to leave, or to refuse to leave and possibly be arrested for contempt of court -OR- you may be permitted to stay. BUT, you can take this single issue to a higher court if you have been denied in the lower court. We want these courts opened. . .this is one way to do that. This is a document relevant to Colorado Courts but you can use it as a model for your state. View Purchase Printable Copy $4.00
|
|
Memorandum of Law - Documenting (recording) Government Officials.
Do public officials have any expectation of privacy? The courts have consistently ruled they do not! They can make no objection to being recorded, and this document explains why. Now you have proof of your right to record, record, record and they can’t do anything about it. Use this with the Memorandum of Law on Closed Hearings for a one-two punch against any confidentiality claims which close courts to public scrutiny. View Purchase Printable Copy $4.00
|
|
Response to Treatment Plan (Case Plan) - Federal law and all states require that you be allowed to participate in the formation of the case plan, but it rarely happens. They will say you can object to it in court - but this is not the intent of the law. You can require that the caseworker and service providers act to facilitate your success. This response adds requirements to caseworkers and service providers and basically sets them up to fail just like they set you up to fail. In view of the nature of these cases, and the high percentage that end in termination of parental rights without any proof of abuse or neglect, these demands are reasonable.
File this with the CPS agency, the GAL and the court.
INCLUDED: demand for discovery pertaining to fee assessment (foster care fees). Before they can assess these fees, you are entitled, by law, to this discovery. They don’t like to give you discovery, and the courts will often deny it, because it often exposes fraud. Objection to treatment Plan based on sexual abuse allegations Purchase printable copy $.95
|
|
First Amendment and some Fifth Amendment arguments that stopped the petition for Termination of Parental rights dead in its tracks. The judge read this document and told the mother ‘you choose between your husband and your son. Because if you choose your husband, you’ll never seen your son again.’ Four weeks later the boy was back home and the case was closed - no comments given by DHHS or the court. Strange? Not really, the judge absolutely could not rule on the questions in the motion, so he capitulated and ordered the department (behind closed doors) to make sure he didn’t have to respond to the motion. No official ruling, but if you have your child, you win. View
|
|
Sample Affidavit in response to CPS report, treatment plan, etc. to file with the court . You can use this if your lawyer has not rebutted CPS lies during court hearings. If these lies are not rebutted, they stand as fact under law and are used against you. This can possibly be the basis for a contested hearing. You can rebut them by affidavit without your attorney’s help. You should then be available to testify at the hearing as to the facts contained in the affidavit. Your attorney can use it to expose the lies when the case worker/GAL/CASA are testifying against you.
An affidavit is sworn to under the penalty of perjury (it must be notarized), made by a person who has first hand knowledge, and who is competent to testify.
|
|
Child Support - When a child is in foster care, the parents will be assessed foster care fees which are, in essence, child support. This document provides a brief analysis of this fee assessment and what to do to fight it. Colorado laws are used, however, all states collect these fees. Modify for your state.
|
|
Effective Assistance of Counsel - arguments to notice the court on the record to create an appealable issue of ineffective assistance of counsel view/print points of law
view sample motion Purchase printable copy
|
|
Objection to Court Appointed counsel paid under contract where contract fees are far below reasonable and customary fees. Colorado lawyers are only paid $750 for 2 years of representation for a respondent parent. This represents a conflict of interest. Sample motion
|
|
|
|
ESTABLISHING A BASELINE OF YOUR CHILD’S CONDITION BEFORE HE IS SEIZED BY THE STATE View Purchase printable copy $.95 NEW!
|
|
Challenging the Social Study by Paul Chill These reports are required by all states.NOTE: this only scratches the surface. Our proprietary pages include a complete discussion/analysis expanding on this subject and strategies to overcome the social study.
|
|
Colorado Child Welfare Handbook
|
|
Guidelines for Psychological Evaluations in Child Protection Matters American Psychological Association Committee on Professional Practice and Standards, Board of Professional Affairs. Approved by the Council of Representatives. February 1998
|
|
Information handout on Treatment plans - applies to Colorado but can be adapted for your state View Purchase printable copy $.95
|
|
Guidelines for Supervised Visitations. Instructions to follow to support positive visitation reports. View Purchase printable copy $.95
Letter to Caseworker asking for clarification of visitation rules Print/view
|
|
General Guidelines to the CPS process in Dependency Court. From initial report to Termination of Parental Rights. View Purchase printable copy $.95
|
|
What is a Family Advocate? Short Version. View
How do I choose a Family Advocate? View Purchase printable copy $.95
|
|
Letter to hostile psychological evaluator. Are you being forced to go to a “whore of the court” or CPS approved therapist? How can you develop a trusting therapeutic relationship with a provider who is against you? You have the right to choose your OWN provide. It is unethical for a provider to treat you unless he can establish a trust with you, and you have no reason to trust who CPS trusts. Use this document to set the CPS psychological evaluator or therapist up for a professional grievance and/or a malpractice lawsuit. His refusal to complete this form is a strong indication of where his ‘loyalties’ lie, and that would clearly not be with professional ethics. His refusal to complete this form indicates a provider that you should not trust, and you should make that clear to him and then file a grievance if he continues to force treatment on you. Tape record your therapeutic sessions and demand the raw data for evaluations. How to do this is included in Profane Justice. View/print
|
|
Complaint against a caseworker - instructions and sample complaint. View Printable copy
|
|
|
|
CPS CONGRESSIONAL INQUIRY MAR 13, 2004, San Bernardino, CA. AFAC comments View Purchase printable copy $.95
|
|
Reasonable Efforts: A Check and Balance or Check the Box? Analysis of judicial determination of Reasonable Efforts View Purchased Printable Copy $2.25
|
|
AFAC Report: The Dirty Secret of Child Welfare Fraud View Purchase Printable Copy $2.25
|
|
LEGALIZED KIDNAPPING: NAZIS AND CPS - An analysis of the highly secret Nazi Lebensborn program comparing it with contemporary Child Protective Services Agencies Pre-view Purchase printable article $2.25
A separate companion chart showing comparisons view Purchase printable copy $.95
|
|
The Voice of the Children - the realities of foster care View Purchase printable copy $.95
|
|
Lawyer complaints received by AFAC
A site where you can RATE YOUR LAWYER and view lawyer ratings
|
|
|
|
Petition to Congress - written for Parentsmarch 98 as the defining platform of the event. Many groups are using this as the blueprint to present their demands for reform of the child protection system in their state. View Print
|
|
Actual request for independent investigation into county CPS agency (El Paso County, Colorado) and three recommendations for change. View/print
|
|
UPL - Ms. Shell and Fremont County - Part II in the ongoing saga of harassment against a family rights activist. Part I
|
|
Compassion Fatigue - Medscape article discussing the effects of helping others and offers guidelines to prevent this condition. Link to site. View Article
|
|
Legal Abuse Syndrome - do you fit this profile after your experiences with CPS agencies?
|
|
Sample statement before Arizona Legislature - View/print
|
|
NEW! ANTI-FAMILY ADVOCATE INTIMIDATION BY CPS, ATTORNEYS AND COURTS
What will it take to stop the war against America’s families? FAC Sheet 4-26-2004
Purchase printable copy $.49
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
