Make your own free website on Tripod.com

ANGELS ON EARTH INC

Recommendations for those Falsely Accused

Home
BEWARE THOSE WHO CRY WOLF
About Us
Letters.
LETTERS WE HAVE RECEIVED
Ending Terrorism
Domestic Violence
DV Advocate/Court
Domestic Violence & Teenagers
Domestic Violence IS CHILD ABUSE!
Men Can Be Victims!
Know the LAW
Your Safety Plan
Changing Your Social Security Number
Bare Necessities
CHINS...Children In Need of Services
ACTORS 4 CHARITY
JACK & JILL in the SPECIAL WISH
Auditions & Casting Calls
Cars That Change Lives
SURVIVOR CONFERENCES
SMARTS (formly known as ROCK & LEARN)
Adopt a Child/Family for the Holidays
Santa Day 2002
Santa Day 2003
Santa Day 2004
Santa Day 2005
Santa Day 2006 and BEYOND
MAKE A DONATION
Links
HOW WE ARE DIFFERENT
CHRISTMAS PROGRAM

 

VICTIMS OF CHILD ABUSE LAWS

Recommendations for Those Falsely Accused of Child Abuse

"It is to secure our rights that we resort to government at all."

--Thomas Jefferson to Francois D'Ivernois, 1795.

DO remain calm and don't alarm your child.

DO NOT let CPS case workers or police inside your house unless they have a warrant. If they insist on seeing your child, call the child to the door. 

DO NOT open the door. 

DO tell them you will not talk to them with our your attorney present, even if you don't have an attorney. 

DO NOT GIVE CPS caseworkers or the police any information in defense of yourself CPS will take anything you say and twist it to use against you. Be firm but polite and courteous at all times.

DO tape record all conversations with CPS officials or representatives of agencies assigned by CPS to "help" you when possible. (It is legal to tape conversations you, personally, are having in New York State.) If you do not have a tape recorder, call a trusted friend to come over and be a witness to any interaction between you and the caseworker or CPS representative. If possible, have one or more friends or professional persons present whenever you or your children speak with CPS officials or police.

DO document all interviews, phone calls, events or altercations as thorough as possible. (Write things down as soon as possible after an interview or telephone call. You have a legal right [in New York State] to record telephone calls in which you are a party. Do so if possible.)

DO keep a daily record of any events concerning this situation.

DO locate and preserve any evidence corroborating your innocence. 

DO NOT rely on others to do this.

DO educate yourself on CPS rules and regulations.. They violate their own rules and your constitutional rights regularly. 

DO educate yourself by reading all information available to you from VOCAL and any other sources.

DO NOT trust any CPS official, no matter how friendly they act. They are not your friends!!!! You may wish to inform your child's school by certified letter or in person that you do not wish Social Services, CPS, or anyone else having any contact with your child without your consent and that you will hold the school liable if they do allow such contact. The goal of CPS is not to determine the truth, but to render a determination of guilt and possibly remove your child from your home, thereby justifying its own existence. Every time CPS makes contact with you, your child, your child's school, your lawyer or anyone else connected to you, whether in person or by telephone, they make notes. These notes are known as discovery notes or progress notes. These notes, as well as any other information, including photographs and audio and video tapes of you and/or your child, comprise your case file or case history. These notes are often inaccurate or just plain lies. You are entitled to have access to these records, according to New York State law, Social Services law, and The Family Court Act. In most cases they are difficult to obtain - so be persistent!

DO request a copy of all information gathered by the Department of Social Services for the duration of the initial 60- day investigation and until the case is closed. This request must be in writing. Send it certified mail, return receipt requested. Send your request to your county Commissioner of Social Services.

DO NOT delay in filing this request. CPS will procrastinate and use every tactic they can to delay or prevent the release of these records. Remember, you do have a right to access these records. 

DO NOT take "no" for an answer. 

DO present a clean and neat appearance. Appearances are important. CPS workers are trained to interpret unkempt appearance in a negative manner.

DO NOT allow CPS officials to provoke you. An angry response will be used against you. Keep your composure at all times. .

DO demand an ethical, unbiased, and competent investigation. You will have to gather evidence of your innocence. They will only pursue evidence of guilt in most cases.

DO stress your concern for your child's well-being. DO NOT let the system diminish or destroy your parent/child relationship.

DO find a competent attorney. DO find an attorney who has experience in child abuse cases and is familiar with Family Court law and psychological counseling. An attorney who specializes in criminal/family law is generally more aggressive and less likely to be intimidated by the county attorney. Information sheets are available to assist you in choosing an attorney.

DO NOT let the legal system persuade you to plea bargain or admit to guilt. An admission of guilt to a false accusation is always the beginning of a long nightmare, not the end. This is especially true in light of the proliferation of Megan's Law.

DO insist on a psychiatric evaluation of the accusing person. DO attempt to investigate the motives and/or credentials of the accuser.

DO request that all requirements of the social services department be in writing.

DO file a written notice with all medical professionals that you or any member of your family have seen restricting them from discussing your medical history with anyone unless authorized by you in writing.

DO have your child examined and/or evaluated by your own doctor or mental health professional.

DO obtain your own counselor if counseling is offered or required. DO NOT use the services of any counseling service recommended by the county.

DO NOT allow any counseling sessions to occur inside your home.

DO limit the number of in-home visits by the caseworker. Volunteer to meet them at their office. They are only looking for information to use against you. Have a third party present at all meetings to act as a witness and/or record all meetings. Be aware that CPS can and may take your child out of class, interrogate them, strip search them, photograph them, remove them from school, x-ray them, medicate them, place them in foster care or other state-run institutions, all without your knowledge, notification Or consent.

DO remember that you are not alone. There are 3 million child abuse reports made each year in the United States, and over 70% are false. As a result, many innocent adults have been deprived of their children, have had their civil rights violated or are facing prison terms for crimes they did not commit. In addition, innocent children are being subjected to abuse by the very system designated to protect them.

DO become active in VOCAL or Family Rights Organizations today so that you can help stop innocent families from being destroyed by a CHILD PROTECTIVE SYSTEM GONE ASTRAY. DO join us in our attempt to change the laws that are harming our children and families.

NOTE: The above information is for educational purposes only. It is not legal advice. If you have any questions or concerns about any information you receive from VOCAL ask your attorney. This information is intended to provide you with the knowledge necessary to make intelligent decisions when dealing with CPS. You must examine your situation and determine for yourself if this information will help your case.
"CPS" is an abbreviation for "Child Protective Services," a unit of the county Department of Social Services. The title may vary in form from state to state and from time to time.