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What to Do when CPS Shows Up

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  • 04-20-2009, 04:26 PM
    shannonf
    What to Do when CPS Shows Up
    My question involves child abuse or neglect in the State of: Oregon.

    Last weeks a CPS worker showed up at my door. He wanted to ask me questions and I scheduled a time for us to meet later, this Friday. Apparently, someone (teacher) made a claim that I physically abused my daughter. They are investigating me now. I don't know what to do or what to except. I have no had this situation before. I need advise. I read that people said, not to let CPS in your home, not to offer information more than what they ask. Simply say yes or no, understood. But what I dont know what to do is, either meet in my home (I have nothing to hide, but I read a lo that the CPS exaggerate what they see or hear.) Record what we say? Show them my kids or not? I spoke to an attorney, and she said to not discuss with them anything regarding how I discipline my children, I could be charged criminally?? Please, advise before I have this meeting. I really don't know what to do and I'm scared. I'm a very good mom, and my kids are my world. Thank you for any help.
  • 04-20-2009, 09:40 PM
    mmmagique
    Re: What to Do when CPS Shows Up
    These are very individual situations, and it's best to listen to your atty. in these cases.

    I think it's probably always best to have your atty. on hand if you can.

    I hope things go well for you.
  • 04-20-2009, 10:03 PM
    shannonf
    Re: What to Do when CPS Shows Up
    Quote:

    Quoting mmmagique
    View Post
    These are very individual situations, and it's best to listen to your atty. in these cases.

    I think it's probably always best to have your atty. on hand if you can.

    I hope things go well for you.

    Thank you for your reply. However, I don't have an attorney, I just got advice from someone I called. Nevertheless, this is a very difficult situation, because when I was young, I was ripped from my parents house. This claim is unjustified and with everything I have read online I am worried that they may just want to take children away. I don't want to be ignorant and reckless with this situation, these are my kids. I need to know my rights and what's the best way to handle this. Also, my daughter is in kindergarten, shes not required to be in school... and i am thinking of taking her out. I am furious that the school would allow someone to just interrogate my child without supervision and without my permission. I am frustrated and scared, any legal advice would be very helpful.
  • 04-21-2009, 02:49 AM
    LawResearcherMissy
    Re: What to Do when CPS Shows Up
    You were given legal advice: Have your attorney there.

    If you don't have an attorney, get one. Call around - you'd be surprised by the number of attorneys out there who will attend a CPS bullying session for a very low fee.

    I tell you this as someone who has had neighbors use CPS to harass her: Get the attorney. It holds the more pit-bullish CPS workers in check and gets them out the door faster.
  • 04-21-2009, 09:01 AM
    shannonf
    Re: What to Do when CPS Shows Up
    Quote:

    Quoting LawResearcherMissy
    View Post
    You were given legal advice: Have your attorney there.

    If you don't have an attorney, get one. Call around - you'd be surprised by the number of attorneys out there who will attend a CPS bullying session for a very low fee.

    I tell you this as someone who has had neighbors use CPS to harass her: Get the attorney. It holds the more pit-bullish CPS workers in check and gets them out the door faster.

    Again, I DON'T have an attorney, Yes, I did get advice from an attorney, but I'm looking for more than one! And at the moment, I am in no place to get an attorney, I work part time and am barely getting by for rent, etc. I can't afford attorney. So, anyone that may know anything to weigh in please, thanks.
  • 04-21-2009, 01:12 PM
    Subcontractor2
    Re: What to Do when CPS Shows Up
    My ex-daughter-in-law has had CPS show up often.

    First question: Do you think you abuse your child in any way or manner? What was the "abuse" that was reported?

    Do what these people are telling you - be careful what you say. And most important - have a Witness there with you (whether an attorney or not). If you have a recorder, use it (or borrow one).

    I would demand to know who gave this report and what their penalty will be when it is found that they gave falsified report and wasted the court's time and CPS case workers' time. In our state it is against the law to do that.

    However, there are Too many seriously and actually abused children out there - so they have to follow up and we should all be glad they do.

    Good luck - stay calm - hug your kids and tell them how much you love them every day.
  • 04-21-2009, 01:48 PM
    LawResearcherMissy
    Re: What to Do when CPS Shows Up
    Quote:

    Quoting shannonf
    View Post
    Again, I DON'T have an attorney, Yes, I did get advice from an attorney, but I'm looking for more than one! And at the moment, I am in no place to get an attorney, I work part time and am barely getting by for rent, etc. I can't afford attorney. So, anyone that may know anything to weigh in please, thanks.

    Check with Legal Aid in your area. You'd be surprised by the resources you can find with a few phone calls. You may even be able to find an attorney through Legal Aid who will sit in for free. We have more than a few attorneys in my county who are happy to help out in such fashion, such is their disdain for CPS's methods.

    I'm telling you FROM EXPERIENCE that it truly is best to have an attorney on hand for CPS's interrogation session.

    I've had CPS called on me numerous times by Nosy Nellies who were angry that their "advice" went unheeded. Complaints against me? The eldest refuses to wear socks, so they claimed the children didn't have appropriate winter attire. Both children are whip thin, like their father, so the claim was that the children were malnourished. I work online, from home, and I'm very, very, VERY rude to the people who interrupt my work day, so the claim was that I have an internet addiction and the children are neglected.

    That's only half of them.

    All unfounded complaints, but had I not had an attorney present, their interrogations could have gone on a lot longer and been a lot more stressful than they already were.

    These people will want to look in your kitchen cabinets, in your refrigerator, in the kids' dressers and closets, and they will want to look into yours. They will berate you and badger you, they will demand your child's medical records, and they will try to take your child into another room to ask leading questions.

    You need someone there to keep them in line, to be there when the child is questioned, and to stand up for your rights. (You don't have to let them search your home, no matter how much they tell you that you do.)

    If you really and truly cannot find help through Legal Aid, ask around amongst your friends and co-workers. Perhaps you have a friend who is friends with an attorney who would be willing to sit in and protect your rights.

    In any case, get someone in there with you.
  • 04-21-2009, 03:40 PM
    shannonf
    Re: What to Do when CPS Shows Up
    Quote:

    Quoting LawResearcherMissy
    View Post
    Check with Legal Aid in your area. You'd be surprised by the resources you can find with a few phone calls. You may even be able to find an attorney through Legal Aid who will sit in for free. We have more than a few attorneys in my county who are happy to help out in such fashion, such is their disdain for CPS's methods.

    I'm telling you FROM EXPERIENCE that it truly is best to have an attorney on hand for CPS's interrogation session.

    I've had CPS called on me numerous times by Nosy Nellies who were angry that their "advice" went unheeded. Complaints against me? The eldest refuses to wear socks, so they claimed the children didn't have appropriate winter attire. Both children are whip thin, like their father, so the claim was that the children were malnourished. I work online, from home, and I'm very, very, VERY rude to the people who interrupt my work day, so the claim was that I have an internet addiction and the children are neglected.

    That's only half of them.

    All unfounded complaints, but had I not had an attorney present, their interrogations could have gone on a lot longer and been a lot more stressful than they already were.

    These people will want to look in your kitchen cabinets, in your refrigerator, in the kids' dressers and closets, and they will want to look into yours. They will berate you and badger you, they will demand your child's medical records, and they will try to take your child into another room to ask leading questions.

    You need someone there to keep them in line, to be there when the child is questioned, and to stand up for your rights. (You don't have to let them search your home, no matter how much they tell you that you do.)

    If you really and truly cannot find help through Legal Aid, ask around amongst your friends and co-workers. Perhaps you have a friend who is friends with an attorney who would be willing to sit in and protect your rights.

    In any case, get someone in there with you.

    Hi thank you for the advice. I have spent hours trying to find an attorney who can give me good advice on this, there aren't many attorneys here who will do this low cost or free. Legal aid wont touch CPS with a ten foot pole. This forum is my last hope in getting legal advice, but it seems I am just getting suggestions from most people. Are their no attorney's who give advice here? I am being investigated for physically abusing my daughter, and they won't tell me anything more then that. I know it came from her teacher, my daughter started playing soccer, shes very thing, and bruises easily. Instead of the teacher asking me about this, she called them. Everything I've read online regarding CPS methods of taking children away, their exaggerations and lies about what they see or hear, makes me terrified now. Are they all out to take kids from homes? I don't think so but?
  • 04-21-2009, 05:43 PM
    Xena
    Re: What to Do when CPS Shows Up
    Quote:

    Quoting shannonf
    View Post
    Hi thank you for the advice. I have spent hours trying to find an attorney who can give me good advice on this, there aren't many attorneys here who will do this low cost or free. Legal aid wont touch CPS with a ten foot pole. This forum is my last hope in getting legal advice, but it seems I am just getting suggestions from most people. Are their no attorney's who give advice here? I am being investigated for physically abusing my daughter, and they won't tell me anything more then that. I know it came from her teacher, my daughter started playing soccer, shes very thing, and bruises easily. Instead of the teacher asking me about this, she called them. Everything I've read online regarding CPS methods of taking children away, their exaggerations and lies about what they see or hear, makes me terrified now. Are they all out to take kids from homes? I don't think so but?

    You really should take the advice that has been offered- get an attorney. You might need to take on a second job for a little while if need be. Or, try to have a yard sale to earn extra money. You'd be surprised how many things you can live without and you can make some serious money in a yard sale, especially in this lousy economy.

    My own experince is different, when a false report was filed against me 30 years ago, I did everything I could to cooperate with CPS and it turned out fine without an attorney. HOWEVER, that was long before CPS agencies got such bad press, things are different now and an attorney is really needed.
  • 04-21-2009, 06:06 PM
    LawResearcherMissy
    Re: What to Do when CPS Shows Up
    Quote:

    HOWEVER, that was long before CPS agencies got such bad press, things are different now and an attorney is really needed.
    Yes, precisely so.

    Back when I was a small child, CPS was not the haven for tinpot dictators that it is today. These days, there are a lot of powertrippers jumping at shadows and looking for any excuse to terrorize perfectly fine parents.

    They are underfunded, understaffed and underpaid - not the greatest draw for the best and the brightest, so we get the meanest and the bitterest.

    Honestly, I needed a lawyer there to keep me from stabbing the CPS worker in the eye with a fork as much as I needed him there to protect the rights of my family. They were that damned ignorant and rude.

    Shannon, I really don't know what other answers you expect. Yes, there are a couple lawyers here, and they're going to tell you the same thing everyone else has - you want a lawyer from your area.

    Money is tight. It sucks. Everyone is hurting. But there are times when you simply cannot go without counsel, and frankly, this is one of them.
  • 05-02-2009, 03:31 PM
    Zeva
    Re: What to Do when CPS Shows Up
    Well, think of it this way, the attorney money and getting a loan to pay for one is worth it to keep your kids, yes? If they get taken away and you didn't get a lawyer, it will be so much harder to get them back. The foster care system is crap. I know too many kids that get abused and molested from fosters homes. Once they're in there, the judges have already determined you are bad parents and it is hell getting them back. In fact it could take years.

    Also, see if you have family members that will step up and take the kids if the courts try to take them away from you. The courts will hand your kids over to a family member willing to take custody before they will a foster home, or at least they used to. That's what happened to a couple of my cousins. My aunts are raising their children's babies right now because of a similiar situation you are describing.
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