Protect Yourself And Your Children
A post that I've seen several times on internet has brought to mind something that I posted on a Facebook site several months ago. I am going to post it again because as the liberal element in this country runs more and more amuck, it seems this will become more of an issue.
This is the post from Facebook that spurred my thoughts:
This is what I posted several months ago:
Disclaimer: This is not legal advice. If you have any concerns of this nature, please see an attorney.
________'s post made me think of another legal sticky wicket that can sometimes crop up for families. I have a girlfriend in a custody battle for whom this is an issue right now. The problem is...having an irate or vindictive spouse or neighbor ( or someone else) calling child protective services on you to get revenge. This happens more than you can imagine. It's happened to me once and thank heavens for the advice given to me by a very good friend who is an attorney and has had to sue Utah several times on just this very subject.
The way he explained it is this. Child protective services is given money for every child that they 'free' from the home by the Feds. No removal of a child equals no money so the more children they take...whether deserved or not...the more money they get. (The feds did this because they can't legally enact laws for child protection...it is considered a state's jurisdictional right.) If you have counselors who are honestly there to help the children, then it may not become an issue. However, often there is a lot of pressure from their bosses to come up with numbers so that they have money in their budget.
The advice he gave me that saved my bacon when an abusive and vindictive ex-spouse falsely called child protective services was this:
1) When they show up at your door, DO NOT UNDER ANY CIRCUMSTANCES LET THEM INTO YOUR HOME. If you do, you open up another whole can of worms if they see anything--however innocent--that they might consider or construe as abuse. (messy house, etc.) They cannot legally come into your home unless they have a warrant AND a police officer with them to serve it. (They must have both!)
2) Instead tell them IN THESE WORDS this: " On the advice of an attorney, I will not allow you into my home. I will meet you in your office to discuss this. " Don't say anything else! If they persist in trying to get you to give information, repeat what my friend said to say. Make an appointment right then and there and then go to their office to talk. Make sure that you take a tape recorder (In this day and age, I might even take a camcorder) AND a witness with you when you go. Put the tape recorder on their desk where they can see it. If they protest, tell them that the legal advice you've been given is that every word between you and him/her is to be recorded. AND that you've brought your friend as a witness. If you're open about it up front, you can use anything they say in court...and they know it.
My friend said that they tend to 'pick' on those they see as defenseless. If you put out a strong front to begin with, that is often enough to get them to back off. It also helped that I knew which two individuals might have called and why. My ex actually told me that he was going to do it if I didn't do something that he wanted me to do. I laughed at him which probably made him even madder but I wasn't letting him bully me any more. The woman from child protective services seemed to be very interested by this when I told her. So I am certain that it was him (because they won't tell you who did it.)
3) And this is very important! DO NOT SIGN ANYTHING THAT THEY GIVE YOU! Don't even sign the letter that they send you telling you that if you sign it they will go away! My friend said that this just gives them the legal right to do just the opposite and then you may have to get an attorney to make them go away. The letter they send makes it sound very ominous like they have the legal right to come in and take your kids without legal due course if you don't sign it. They are lying! If you sign that letter, you are basically giving them 'carte blanche' to come and do that very thing. I don't know exactly why or how it works but my lawyer friend was very insistent that I don't sign ANYTHING from them (even to verify that you visited). If they try to force the issue, tell them that you will have to have an attorney look at the papers before you will be willing to sign them. Usually that will be enough to get them to back off. If they come back later looking for the papers, then do go see an attorney. It will be cheaper to do this at the beginning than to have to retain an attorney to try to prevent them from taking your kids because you signed something....or to try to get them back.
I realize that there are some children that should be taken from their homes but those are the exception rather than the rule. However, many individuals and families end up being harassed by a system undeservedly all in the name of the almighty dollar. My friend wanted to take it on nationally and try to get it changed but it was just too overwhelming for him. However, the counselors in Utah know his name and back off if they know the family knows him. I'd say that is a very good sign that he's done some good there.
Protect your families! And your friends families! Share this status
One thing that I failed to mention that is very important. Immediately after the DFS worker leaves your home, take your child (children) in for a full physical. DO IT THAT DAY! Go to the emergency room if necessary and tell the physician why you are there and that you need documentation that the child is healthy and not abused physically in any way. This is important because there have been accounts of DFS claiming that any signs of abuse had healed, etc. You need PROOF that this is not the case. Take those papers (a copy only...keep the original) in to your meeting with Child Protective Services.
No comments:
Post a Comment