By Leonard Henderson
September 25, 2010
How many parents actually get their kids back from CPS?
Finding yourself in a CPS investigation is a trauma to a family just like the death of a child. Perhaps worse. It's the Legal Abuse.
If the kids are summarily kidnapped by CPS for some emergency (exigency), either contrived or real, the first thing parents think of is to quickly fix or do whatever CPS wants.
There is highly unlikely to be ANYTHING fixed quickly with this operation.
When I went through it, they refused to tell me what they were accusing me of. They said I knew perfectly well what the problem was. I certainly DID KNOW what the problem was, I was highly confused why they were BLAMING ME.
I have been in this activism thing for about 9 years now, and I really am not aware of statistics to cite on the actual "reunification rate". Or if there really are any good stats on it.
But my heart doesn't believe it's very high. Perhaps 30 in a hundred?
I do know that CPS has never had any motivation to send kids back home, and they historically come up with the most absurd reasons not to send kids home.
Then came ASFA 97, which prioritized Federal funds for adopting kids out, and virtually defunded any "services" to keep families together.
Supposedly the latest update to the law ( October 7, 2008 Orwellian-named Fostering Connections to Success and Increasing Adoptions Act signed into law by Lame Duck George W. Bush) there was supposed to be more funding for kinship care and services to families to enable kids to go home.
So far, not much has happened along those lines.
Basically, getting your kids back from CPS hinges around three possibilities-
(1) Obey CPS mandates, Sign the Safety Plan. Take all the classes, do the absurd psychiatry thing, and maybe, MAYBE out of the goodness of their hearts they MIGHT give you your kids back (See the LAW on Kidnapping for illumination).
This might be recommended if you DID do something to have brought them into your lives.
My heart tells me this doesn't really work out well for families.
(2) Fight them tooth and nail. REFUSE to sign the Safety Plan. RESCIND your signature if you have already signed something. Learn your American Constitutional Rights. Learn how to defend yourself. Learn how to Make the Record in court.
This is recommended if you are utterly innocent.
And then only if you have the will and ability to do the learning curve.
And then, ONLY if you have the DRIVE to prosecute your case.
(3) If you are wealthy or have lots of assets, hire a lawyer. Hire the meanest, most aggressive, fearless one you can find. It's best that lawyer has no kids or family that has kids, because CPS will destroy him too if they can assassinate his character. It is really necessary for that lawyer to understand Color of Law Rights Violations and willing to PROSECUTE the Federal Crimes CPS agents commit against families. Make sure that lawyer understands that these monsters have malpractice insurance to go after for MILLION$ in settlements. You want your kids. Lawyers want piles of money. Perfect. Help your Lawyer.
Make sure you tell lawyers everywhere about the new ABA CLE coursework The National Project to Improve Representation for Parents Involved in the Child Welfare System
If you are going to fight them, a Mission Critical bit of information you need to know is-
CPS is crazy fascist evil beyond your wildest imagination.
And the unconstitutional family courts of No Due Process you appear in are not much better.
After a while, you figure out that GETTING THE FACTS AND TRUTH ON THE RECORD is a lot more important than merely trying to get your kids back ASAP.
When you go to Appeal, what went on the record in the lower court matters.
In summary, getting your kids back is pretty much a coin toss in this system.
COMMENT on this story
be wise by the misfortunes of others than by your own." --Aesop
(c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as
you can at How
To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights Association
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)