|
Up | |
"Finally, my brethren, be strong in the Lord, and in
the power of his might. Put on the whole armour of God, that ye may be
able to stand against the wiles of the devil. For we wrestle not against
flesh and blood, but against principalities, against powers, against the rulers
of the darkness of this world, against spiritual wickedness in high
places. Wherefore take unto you the whole armour of God, that ye may be
able to withstand in the evil day, and having done all, to stand. Stand
therefore, having your loins girt about with truth, and having on the
breastplate of righteousness; And your feet shod with the preparation of
the gospel of peace; Above all, taking the shield of faith, wherewith ye
shall be able to quench all the fiery darts of the wicked. And take the
helmet of salvation, and the sword of the Spirit, which is the word of God:
Praying always with all prayer and supplication in the Spirit, and watching
thereunto with all perseverance and supplication for all saints;" -
Ephesians 6:10-18
Here are some things you can do to protect yourself if a social worker comes knocking
on your door:
 | Be polite and friendly. No matter how the worker acts, keep
your cool. Anger can be taken as a sign of being an abusive parent.
|
| Do NOT allow the worker into your home without a warrant
signed by a judge. They have no legal right to come into your home under your Fourth
Amendment protection against illegal search and seizure. They MUST have probable
cause. An anonymous tip is NOT probable cause. Politely insist that they stay
outside. If you allow them into your home you have waived your constitutional right.
|
| Never allow the social worker to interview your children
alone.
|
| The social worker may genuinely be concerned about your
children. If they feel they are in imminent danger allow them to view your
children from a door or window.
|
| If they feel they MUST come in, there is probably nothing you can do.
But, you should do the following: Document the entry on video tape.
Tell them politely that you are closing the door, but, that you are not locking it.
Tell them that while you are not inviting them in, you are not stopping them either.
But, that if they insist coming in without your permission that you will have no choice
but to pursue legal action against them for illegal entry. But, do NOT become
uncooperative. Just assert your rights.
|
| Do NOT allow them to undress your children. If they are
concerned about physical abuse, tell them you will take them to your family pediatrician
within 24 hours and that you will have him send them a report. Be sure to do that!
|
| RECORD everything on audio or video tape. Check your local and
state laws to find out if both parties need to be aware of the recording.
|
| DOCUMENT EVERYTHING. Take dated pictures of your house and your
children as soon as the worker leaves.
|
| Find out what prompted the workers visit.
|
| Get the workers business card.
|
| Stand your ground.
|
| If you can afford it, consult with an attorney. Better NOW than
later. Protect yourself! Once your targeted for a CPS investigation, what they
do with it is anybody's guess.
|
| Don't SIGN anything without consulting an attorney. CPS
does lie.
|
| DO go attorney shopping. I can't stress this enough. You
DO get what you pay for. What good does it do to find a lawyer who charges $2,000.00
only to lose your children forever, and cost you more financially and emotionally in the
long run. Ask questions when searching for an attorney. After all, this is the
person who will be REPRESENTING you in court!
|
| BE HONEST with your attorney and share EVERYTHING. NEVER LIE.
Your attorney definately does not need any surprises. At best, it will make
his case much harder, at worst that attorney will turn on you or drop you. And you
can't blame them!
|
| TRUST your attorney. If you trust them enough to represent you,
then, you should be able to trust that they know the law better than you. After all,
that's why you hired them.
|
| IF your children are taken from you, only send the bare necessities
with them. You probably won't get 90% of it back.
|
| Do NOT offer CPS any information. They will take ANYTHING you
say and use it against you.
|
| Do NOT give CPS any evidence that could clear your name. That
evidence will more than likely "disappear" and you will lose any case you had.
|
The above are just a few of the many things you can do to help protect
yourself. Every CPS visit is different. It should NOT be considered legal
advice. Please consult an attorney before taking any steps you read here.
One last thing, if you suspect a child is being abused please report it
immediately to LAW ENFORCEMENT officials. CPS investigators are not, in my opinion,
qualified to do child abuse investigations. Police are much more qualified and they
will call CPS if they find abuse. The law states you must notify authorities.
|
