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The CPS case- What happens in the fog

What Happens in the Fog

Beginning with an anonymous hotline "tip" of suspected abuse, a parent enters a gray area of American jurisprudence.  And it is not "murky" to his benefit.  

Child Abuse, when alleged, is not a criminal matter.  It is blithely characterized as a "Civil" matter, much the same as a lawsuit to collect on a breach of contract.- or perhaps like Traffic Court.  Thus, the Constitutional protections afforded in a criminal case are not necessarily extended to those accused of Child Abuse.  See YOUR Constitutional Rights and Miranda Right.

However, neither is a Child Abuse case a Civil case.  If it were, prior to trial, the opposing legal team would NOT have access to the defendant beyond taking his deposition. 

  • Motions for discovery would be honored.   
  • The opposing legal team would certainly NOT hold one of the defendant's family members hostage to coerce statements from or use as leverage against our defendant to compel his cooperation.  See Kidnapping
  • If this were a Civil case, if our defendant prevailed in court, he would be entitled to legal fees and damages.  In a Child Abuse case, he is NOT. 
  • And finally, the case DOES become a Criminal case, after the "investigation" is completed without the accused enjoying benefit of his Constitutional rights. At which time, the charges are piled so deep, no lawyer wants to untangle them, and a Plea Bargain may be the ONLY way out.

The star witness in a Child Abuse case has become the "child", by proxy of credentialed professionals.  

In the 1980's Miami prosecutors devised a nationally-imitated method to win child molestation convictions. The Miami prosecutors pioneered a new technique: the use of child psychologists to "tease" memories out of children.  A system was constructed whereby credentialed professionals became the child's advocate and presumed to SPEAK FOR the child.  Or as popularized- "In the best interest of the child".  

This was known as the "Miami Method".  

There is virtually no defense against the Miami Method.  The prosecutors create the evidence and propel the entire case through court unchallenged, control every aspect and actor (including the court-appointed attorney) in the case with no accountability, and complete impunity. See Nifonged

In court, licensed professionals (and now, mere CPS employees and VOLUNTEERS, such as CASA workers) speaking presumptuously "In the best interest of the child" enjoy "particularized guarantees of trustworthiness" for their (often) second and third-hand HEARSAY.  (Now, even when caught in a BALD FACED LIE, it matters not to Constitutionally "unencumbered" Walther-type "judges", who consider themselves "part of the prosecution team".

In a perfect, altruistic world, licensed professionals might operate honestly and fairly. But government, the usurper of public welfare, has degenerated into a vast series of bureaucratic monarchies. Unfortunately, the spoils system that has grown up around them gives interest groups a stake in perpetuating them.

NOTICE:: I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders.  I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead an ATTORNEY talking you into a plea bargain.

See all of Leonard's Examiner articles

For more info: American Family Rights Association
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.

Comments

  • Joe 4 years ago

    I am currently involved in one of these nightmares. There have been many thousands of dollars spent on this defense. I almost lost my life over this type of accusation. I have never been arrested for anything before these accusations surfaced. I have honorably discharged from the military on multiple enlistments. I have always strived to be a produtive member of society and help my country. I finally decided to have a family and this happens. I am very disappointed with this department of human resources. My children have suffered so much. I am still trying to rescue them from this organization. I feel as though my children are being held hostage and there is nobody I can turn to for help. I have a three-year old, six-year old and a nine year old.

  • Donnette 2 years ago

    Joe I hope that you have had better luck and blessings since this happened to you and you posted this a yr ago. I pray that you have retrieved your children since then. I started to cry when I read your post. I completly understand where you are coming from. My husband has been done the same way and they are holding our children hostage against us in order to get what they want. I live in KY and this is a beautiful state but so many of the social workers here think that they have the right to get up in front of the law and lie just to treat those less fortunate than themselves like crap. They think that they are Gods and they are not. Because our electric was off while we were in Lexington trying to take care of our infant son in the NICU they would not let me bring him home and he now has been in foster care for 7 weeks. I just recently was able to hold him for the first time this past week at a Drs appointment. The doctors deemed him medically fragile, and due to this they are keeping him in foster care and are refusing to return him to me and now they have taken my two year old little girl also and it is breaking my heart due to the fact that she does not understand why she is being separated from her family.

  • Jeanne M. Wonders-Kritner 4 years ago

    ALL ALABAMA RESIDENTS WHO HAS BEEN DESTROYED BY DHR CONTACT ME ASAP THERE IS A COMPETENT ATTY WILLING TO HANDLE A CIVIL RIGTS CASE FOR TEH ENTIRE STATE
    cinderelawonders@aol.com
    256-317-7579

  • Anonymous 3 years ago

    Do not ever listen to jeanne wonders.. she is full of lies and has had all 10 of her kids taken away by the state over time.. in michigan, ohio, and alablama.. each of those states has taken kids away when she lived there.. she is nuts.. i know cuz im one of her kids..

  • Grandparent with concerns 3 years ago

    CPS routinely abuses our Constitutional rights and priviledges. My grandaughter was abducted by CPS in November, and continues to hold her hostage. Her foster family has allowed her to contract a few viruses and a black eye, but CPS indicates the baby is "better off" in foster care. This is crazy. Ask your Congressman to repeal these unfair laws which permit abuses.

  • Anonymous 3 years ago

    I will start outing judges so when election times comes, you can NOT vote for the criminal judges who put children in foster care for NO reason, who listen to criminal CPS workers without due process, who place children with criminals and child sex abusers, who refuses to listen to real evidense, and makes decisions based on lies and hearsay.... This is criminal and the only way to stop it it to get these judges off the bench by any means nessesary! They are breaking law and no one has enough balls to stand up and charge them with criminal activity.

  • Anonymous 3 years ago

    There has got to be someone out there that will stand up to this evil entity!! I cant believe whaT THESE GUYS ARE GETTING AWAY WITH!! aND THE PUBLIC HAS BEEN BLINDED!!1 gOD bLESS US ALL!

  • Dino J. 3 years ago

    I would testify in any civil court about the tyranny and the abuse f the system - wait, I'm not allowed to speake up or defend myself. When is the President of the USA going to declare the Children's Services a hostile environment and commit troops to attack this hostile, subversive danger to Americans entity ? The Children's Courts are run by "Referees " ?!? Are you kidding me ? Parks employ referees, but they don't take children for any reason a social worker reports. Social worker reports ? Without investigation or talking to the family or neighbor whom now the victims. Does anyone want to hear this No ! every victim knows it's hopeless. News personalities side step or ignore this subject. but they want to be our friend on facebook..

  • James H. 2 years ago

    Hi, my name is James. I am a single father of four children, and i have never had any open cases by CSD (childrens services), but recently they got involved in my family because of some false reports made on us, by my ex wifes cousin. This woman has a history of making false reports and i believe she is pschizoprenic, and has a long family history of mental illness. CSD came into our lives a couple of weeks ago, and since then, has lied to us, family members, made threats and even upset social workers in california. Now they have opened a case on us, and forced my fiance to leave our home, because of a 12 year old california case where her and her children were abused by her exhusband who is now in prison for it. CSD insists she did wrong doing but California states otherwise. They state she done NO wrong doing, and i can prove it. She is the best mother figure my kids have ever had and they love and miss her dearly. They have us under a very strict set of rules, which does not allow me to work or hardly even pay my bills. They are not helping us in anyway, nor does my court appointed attorney seem to be helping. The worker in California is telling us to subpena him to court and he will testify that this oregon worker has falsified information to support his investigation because no other reason exsists to continue his investigation. Please help

    us, we are being railroaded by the system, and i dont know what to do. My lights might get turned out and i

  • James H. 2 years ago

    If you can help, we are in the state of Oregon. email: webmaster at bigfootpc dot net

  • James H. 2 years ago

    ...fear csd is going to take my kids if i even so much as try to defend myself. They have already told me that in so many words. Please help. This is destroying our family and our Christmas together. Please contact me for more information on this case. God Bless (Sorry...Blasted browser wont let me type it right)

  • Profile picture of Leonard Henderson
    Leonard Henderson 2 years ago

    James- See American Family Rights Association on the website at http://familyrights.us

  • Anonymous 2 years ago

    my case involved illegal search and seizure based on vague anonymous call. Children retained for over one month with strangers. The whole five hour illegal search and seizure was recorded and is quite incriminating for sheriffs and caseworkers. Adjudicatory hearing found no abuse or neglect yet cases are still continued and i am threatened by judge( on record) that my children will be taken again if i don't cooperate in removal of my parental rights to my children on the courts motion(prejudiced judge) cases were unfounded . At closing of adjudicatory hearing Judge opened a new case based on same allegations as first case. Judge order phycholocical test, casa, attornys , coucelling, etc. I can't even find an attorney and it's cost me a fortune already to pay a court reporter in which you get no result of labor unless you fork out more money hundreds of dollars just to have prove of illegal acts they are committing. The court of no record needs to become a court of record as in secrecy parents are denied the right of due process to fair and impartial hearings because an indigent person can not afford a court reporter. It's sad what is happening to the most fundamentally protected right of all. The right to a loving parent to raise their child.

  • Anonymous 2 years ago

    ah the school of socail wrk. i am not wrkr. might become and allow the system to implode. the unfortunate that system improvememnts and current ammendments(people that many beleived the system was intended for..) are sadly depriving abused children.laws written interpreted actualized for representitives, the system depriving children in need. myself a true smart ass, have never met a socail navigator that i appreciate. i have read articles of children seen pictures of children that have been tortured, but a socail wkr wants to prevent abuse. children are deprived while in state custody because some airhead decided felt presumption works toward the best interest, safety and needs of a child, a child from which a circumstance that they felt abuses occured and will occurr and did occur. socail wrkr that takes a child for emotionl abuse attendance in school or nutrition with a complaint has many rescources other than removal of the child. the untrained remove children without using these rescourses. this abuse cost lives and further damage to children that survived a felony and are in custody. the school of socail wkr ;a prederliction ascribe to with awareness to prevent that which has not occurred health and human services, a fine organization implemented by corrosive twits, anywhere usa, in my humble opinion

  • Anonymous 2 years ago

    I am the mother of four children, ages 11, 10, 8 and almost 11months. Back in early December I had been in the hospital for a week and upon my discharge my husband had taken the baby to a sitters house. Sitter refused to bring the baby back home to us until after 6pm the next day. When he got home he was lethargic and not himself. The next day he got worse, not wanting to eat or play. We gave him his night time bottle and 45mins later he woke up screaming and projectile vomiting and we rush him to er. They send him by ambulance to closest big town and do ct scan which shows 'spots on brain'. They were going to release him but he began having seizures and then flew him by jet to ft worth where an mri showed he had been shaken and time frame places injury occurred when he was with sitter. CPS was called and older three children were removed and baby taken upon discharge. They took older kids from someone cps approved they could be with and are now in foster care, paperwork for our friend was court ordered to be expedited but it has been 6 weeks and nothing has happened. Have been told we aren't the parents anymore and they know we did this but they have no proof. They try to say the time frame has magically changed but they cannot provide any documentation. At our supervised visits our kids tell us they pray all day every day to come home and they are put in basket holds when they cry to come home.. We dont have money for a lawyer and I am scared we will lose them. In Texas

  • Kendrick L. 2 years ago

    CPS: Stop Violating American Family's Constitutional Rights:

    http://www.change.org/petitions/cps-stop-violating-american-family-s-con...

  • Anonymous 2 years ago

    At first meeting i was told that my wife as to retarded to take care of a newborn and If i was at work we live in and managed a motel the child would be at risk. A complete lie also i was told that my wife was a hooker the motel as a whorehouse and drug haven and even though there was nothing wrong with me my child was being taken. this soon became only little compared to the rest of the petition. One ua at the hospital shoed positive for heroin amphetamines methamphetamines methadone and it was the first day there. these tests are usually false positives(see stopthewar.org false positives and preagnant women) the test must be verified by a second test to be used as forensic evidence! the next day and every day after it was negative for all but methadone a prescribed medication. The petition was very confused about when and where the positive result was the day admitted the day of the birth five days later. A calculated lie My wife was in treatment both in and outpatient and everything she said triing to get clean for months was used against her. Also all we had done to prepare for the baby was a waste. The hospital was suppose to notify the mother of drug testing beforehand this was not done!the doctors said she had a very low dose of morphine to help baby ween from the methadone and after two weeks she was ready to come home. thats when she was taken away to a facility contracted to ween drug affected infants and a new higher dose of morphine began. she was reweened

  • Anonymous 2 years ago

    I have had my kids taken by CPS The final straw was my 16 year old daughter being told to go to her room and stay. She didn't want and when she was escorted back to the bedroom she proceeded to start breaking things in her room and then hitting herself. she broke glass in her room and then cut her foot. The cops assume that we, especially my 6'3" 255lb boyfriend must have done the damage. My daughter has since told them different but CPS wants to say domestic abuse in addition to drug abuse. They kept saying that we didn't want to comply with the hair follicle test. They were supposed to arrange transportation for us to go 3 times. The taxis never showed up. Cps wants say we arent compliant. I will admit that at the beginning my caseworker made me mad. She insulted and demeaned me for skipping a substance abuse group counseling to recover from aa 6 or 7 mile round walk to put food in my house {i have a degenerative disk disease} for my kids. She was a hour late for her first meeting with me and then never showed up for the second. The third meeting my 11 year old son was waiting to let her in but he never heard her knock. When my family intervention caseworker showed up, she found my cps workers card saying that I needed to reschedual ASAP

  • Anonymous 2 years ago

    She didnt answer my request to do so for three weeks. And then she only wanted to schedual a meeting because she had a new report and that she would be by "after court". The new report. My son must have no food at home because he would go across the street to McDonalds to get ice {our power was disconnected temporarily}. How does ice water mean he has no food? I lost my state medical due to timing error so I had none of the pain meds or mental meds I am supposed to take. In order to take care of my kids and not be totally incapacitated I used "street drugs". Since they need no exposure to that, I would have my kids leave my bedroom and sometimes the house, but I am a bad parent. What is more neglectful, being bedridden in pain for 4 or 5 days after a grocery trip or using a "street drug"to manage the pain. I made a decision that when my CPS caseworker could keep her appointments with me, then I would worry about the schedual she wanted me to keep. We had a team decision making meeting aand again the transportation arranged wasnt there. I called the cab company to discover that they didnt get the request for pickup wasnt even seen until thirty minutes AFTER they were supposed to pick me up. Then they made my boyfriend leave the room when he told my 16year old to be quiet and dont blame me for her screwup. He {as well CPS} realized he wasnt afraid to speak up and was itching and ready to do so, so he had to go. "We arent here to place blame" was what they told him and so

  • Anonymous 2 years ago

    he had to go. Then all three workers went after me. They were told that I have major depression and anxiety issues but I wasnt going to call a crisis hotline. I didnt want to give them any further reason to say I was unfit but I did end up having a panic attack. I am now waiting for court date. My daughter, Im not worried about. She made her choice but how can I best get my son back and spotlight their bull?

  • Anonymous 1 year ago

    My daughter has been taken even though there was no actual abuse, based on lies someone who was out to hurt us told, and due to our current employment and financial status. I have read on many sites not to agree to a care plan, yet my attorney says I should comply. Has anyone refused a care plan and still got their children back? Also, I want to fight cps and am looking for others who want to also. Email me at leaelizabethwilliams@gmail.com

  • Lynda Sims 11 months ago

    my girls have been gone for what seems like forever, cps had lied to me and at a time when i needed them for transportation to my first hearing, I missed it. at the 1st visit my 12 year old was pissed off, i told her they lied, her response to me was it's okay mom, it's in my best interest. she thinks she can stay in foster care till she is 21, not only are they being held hostage, they are also being brain washed. cps took them because my 17 yr old got busted for drugs on probation for kicking the crap out of me, charges dismissed, no objection, victim/mother not present,hearing moved, no notification.

  • Brother of Commenter # 3 9 months ago

    Be a parent...not a psycho arse loser....enough said.

    Michael K.

  • Be a parent...not a psycho loser!!!!!

    Michael K.

  • Charles Ward 8 months ago

    Joe, I have been fighting this for more than 5 years & OVER $10,000.00 and I live on disability. My children then 4 & 5 years old, were taken from me (after she abandoned them for 16 months) and then she and her husband were both CONVICTED of Felon Child Endangerment where the CPS took/placed them in a foster care and to this very day, I CANNOT even Find OUT IF THEY are ALIVE, let alone WHERE they are......Please Help Me By Telling me what you advise....

  • Jason 7 months ago

    I find it sad that the children these days even have to worry about that. I am happy that I am a good Father, I think that it is important to raise our kids right, because if we don't, what hope will the next generation have?

    Jason.
    http://www.islandsnow.com/hawaii-exclusives.html

  • Jason 7 months ago

    I find it sad that the children these days even have to worry about that. I am happy that I am a good Father, I think that it is important to raise our kids right, because if we don't, what hope will the next generation have?

    Jason.
    http://www.islandsnow.com/hawaii-exclusives.html

  • Yolo2125 3 months ago

    I am in tx and wondering where ur case is at now?

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