DECLARATION OF YOUR FULL NAME HERE IN CAPITALS
|State of Your State
County of Your County
Delete all this SAMPLE text from "1." down to "I declare under penalty of perjury" and replace all this with YOUR STORY.
A good outline would be:
1. Name of plaintiff or petitioner (depends on the action)
2. Name of defendant or respondent (depends on the action)
3. If married, state date of marriage
4. If married, state name of spouse
5. Name of each child and date of birth (one paragraph for each child)
6. Name of parents of that child.
7. Date of contact by CPF or DSS or DCF (whatever the entity's name is)
8. Date of each additional contact.
9. Date (mm/dd/year). day (MTWTFSS), AND time of removal of child.
10. Place from which child was removed.
11. State the name or names of those who removed the child.
12. Reason given for removal.
1. I, Firstname Lastname hereby state that on Month Day, Year, Ms. Case Worker of CPS came to my front door and told me "there had been a report". She said that she wanted to "help me get this cleared up".
2. I thought this OBVIOUSLY was a mistake and I felt I had nothing to hide, so I LET HER IN MY HOUSE and TALKED with her, being unaware of my Constitutional Rights (or in spite of my assertion of them). Right here is where being ignorant of your Constitutional Rights or not asserting them has already shot you in the foot. Several important court cases have decided FOR the citizen here and Here. Family courts routinely do not care, but getting it ON THE RECORD is a really good idea.
3. Ms. Case Worker immediately started walking though my house looking in my cupboards, pantry, the refrigerator, closets, bathroom, and every room in my house.
4. Ms. Case Worker left and returned a couple hours later with two policemen and snatched my child(ren) and said this was (whatever she accuses you of)
5. Detail what happened after that.
AND THAT IS HOW YOU WRITE YOUR DECLARATION- The truth, the dates, the facts, the names. Spend a LOT of time writing this WELL (with spelling and grammar correct) and editing it down to hard-hitting FACTS. This is NOT a letter to Aunt Martha or a "text message" to your online pals.
SAY ABSOLUTELY NOTHING SELF-INCRIMINATING.
Do NOT admit to anything.
Do NOT agree with anything the CPS worker said.
Stick it in and TWIST IT with the Social Worker's COLOR OF LAW CONSTITUTIONAL RIGHTS VIOLATIONS by getting you to let her into your house without a search warrant and talking with her without knowing about your Fifth Amendment Right against self-incrimination (And your Miranda Rights) and how FRAUDULENT, MENDACIOUS, and under-handed she had been in FABRICATING a FALSE ALLEGATION from a BOGUS "report".
*The Lie of Omission:A lie of omission is to remain silent when ethical behavior calls for one to speak up. A lie of omission is a method of deception and duplicity that uses the technique of simply remaining silent when speaking the truth would significantly alter the other person's (the judge's) capacity to make an informed decision.
Keep it to FACTS, dates, and names. Leave the emotional parts out.
**New June 5, 2008
Based on recent new court decisions and LAW we have become aware of, we are SUGGESTING you might think about adding:
My children have been wrongfully and unlawfully removed from my physical custody without Constitutional DUE PROCESS, or even the pretext of Reasonable Efforts having been offered AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1), which removal meets the definition of KIDNAPPING according to18 USC Sec.1203 and are being held-
"...in order to compel a third person .... to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so..."
My CPS worker, (name here) coerced me into signing a "voluntary" Service Plan, which I had no part or input in creating. The CPS worker, (name here) threatened me that if I did not sign the "voluntary" service plan that my children would be TPR'ed. Which according to Amanda C., by and through Gary Richmond, natural parent and next friend, appellee, v. Kelly Case, appellant.__N.W.2d__ Filed May 23, 2008. No. S-06-1097 is unauthorized practice of law and acting under the color of law.
Additionally, in the opinion of Judge Stephen Limbaugh Jr. in the majority Opinion of the Supreme Court of Missouri In the Interest of: P.L.O. and S.K.O., minor children. SC85120 3/30/2004
"The mother voluntarily consented to the court's jurisdiction over her children, voluntarily transferred their custody to the division and never challenged the circumstances of their removal. Accordingly, she cannot now challenge whether an 'emergency' existed to justify removal of the children under (the statute in question) and this court need not address such a challenge."
I am therefore establishing ON THE RECORD that I strongly challenge that an emergency existed to remove my children, and most certainly do withdraw my "voluntary" surrender of the custody of my children.
Further, the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT in Smith et al. v. Williams-Ash No. 06-4638, Decided and Filed: March 26, 2008 said-
We do not doubt that the Smiths, as any parents likely would, resented the safety plan from the beginning. But mere displeasure and frustration fails to negate their consent. Rather than remind Williams-Ash of what she already knew—that they disliked the plan—the Smiths needed to explicitly withdraw the consent they explicitly gave, thus requiring Children’s Services to either return the children or file a formal complaint against them. In light of their admitted failure to do so, the Smiths were not entitled to a hearing.
For this reason, I hereby rescind any and all signatures to "voluntary" service plans or any other "agreement". Such signature were obtained through duress, threat, and coercion. I had no way of knowing the long-range ramifications of doing so and now explicitly withdraw any consent I explicitly gave.
Therefore, I am requiring Children’s Services to either return the children to my physical custody or file a formal complaint against me.
| Be aware
that this document may cause CPS to offer you severe,
threats, and they may attempt to follow through
trying to make the WORST
happen to you. It is called Terrorism.
But, they were probably about 50% likely to have done so anyway- especially if your children are young, cute, and ADOPTABLE. Yes, we do live in a really sucky society.
You have, at the very minimum, gotten THE TRUTH ON THE RECORD, and removed hazards to an appeal to a higher court.
YOU are the only one who can decide whether to stand up like you live in
When you are
finished, you get it REALLY NOTARIZED, make a bunch of copies, and
ON THE CPS, THE COURT, THE DA, THE POLICE DEPT, and EVERYONE ELSE that
thinks they had any
business forcing the great big nose of government into your family.
Which means you file it with the court clerk. Make sure they get time stamped and get at least 4 CERTIFIED photo copies. Because they "lose" these things.
Your DECLARATION when FILED is your GLADIATOR and it will keep fighting for you for YEARS.
These are NOT letters to grandma. You need to spend at least a WEEK editing it mercilessly because this is a FOREVER document and it will still be fighting for you for years to come. Or poorly done, it will gut shoot you dead. Does that matter?
Confused? See Simple version
Delete all this text from "1." down to "I declare under penalty of perjury" and replace all this with YOUR STORY (except New June 5, 2008 info, whatever applies parts apply to your case and IF YOU CHOOSE TO USE IT)
I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed at Your Town, Your State.
Dated: The day, month,
year you wrote it.
(You sign it here)
Your Town, Your State
Your phone number
DO NOT forget to create the Certificate of Service!
If you forget this, they will toss it out!