Proof of Innocence?

February 3, 2011 in DHS, due process, false accusation, family court, Pennsylvania

Love your website. Thank you so much for sharing it with those of us who have been raped by the system. Although, I am so sorry and upset that it is even an issue in this country!

I thought I would share a little bit of my story with you.

First, I have a friend who is a social worker who was helping me the moments before CPS came to my door. She told me to let them in or they will get a warrant and that it looks guilty if I don’t. So I let them in.

I let them interview my children. The worker interviewed my two older children together. My 8-year-old generally tells the truth, unless my bossy 11-year-old is around to sway her. My mother was the one who reported me. My 11-year-old went along with the story that my mother cooked up because she really wanted to live with my mom because she “buys her things” (this she said later in front of a CPS-paid counselor). Also, I think it’s important to note that I have cut all ties with my mom since this incident in August.

Anyway, when the CPS worker then came from her interview with the kids and asked me what happened, I told her the truth, to which she replied, “Well, I always believe the kids.”

Then why ask for my side? They wanted to kick me out of my house for seven days. I refused to sign any papers until morning when an attorney could look them over but agreed to leave my home anyway.

The worker then threatened to remove my children and put them in foster care if I did not sign the papers. They were not an admission of guilt, but an agreement to leave. I did not know that at the time, but I felt like I was signing under duress and couldn’t think clearly to even know what I was signing. It was awful. I was even breastfeeding at the time but they didn’t care.

They ended up opening a case for 90-days. Two social workers, a parenting coach and a counselor, were hired by CPS from an outside agency to come into my home three times per week. They also forced me to put my two year old son into daycare for the first time in his life. I am a stay-at-home mom so this was very traumatic for him.

They also had a counselor from an outside counseling agency come into my home to see the children once a week. After the counselors and social workers came into my home, they told me that I am a great mom, that my family situation is not one that they would typically be called to, and that they have reported only good things to CPS.

After complaints from my friends to CPS and my lawyer to the prosecutor about the initial case worker who illegally forced me to sign papers, they moved my case worker to another county. I got a new case worker who was, thankfully, much more intelligent. But it was too late. They already decided to substantiate “hitting” and “psychological and emotional abuse.”

I am appealing this decision. I have a hearing in about two weeks. I still have my attorney, which I have spent $1,000 to retain for this whole ordeal. Hopefully, it will be done soon because I don’t have very much money left. I am not sure how to defend myself and prove my innocence because to those who don’t know me and my family personally, it looks like I am simply pointing the finger at my mom for the blame and not taking any responsibility. But it is the truth!

I have some questions that I would like to pose to you because I have been researching, but I can’t find any information about. Firstly, how can they take an anonymous phone call from someone and not allow you to address your accuser, as a rapist or attempted murderer would be allowed to do? How is that legal?

Secondly, how are the infamous CPS state lists, going by various names from state to state, legal? The people who’s names are on the lists are guilty until proven innocent, which is the complete opposite of what our legal system is supposed to be. These lists are a collection of opinions not necessarily based on fact or evidence. Furthermore, they share this information with employers, but confess that all information regarding our cases are confidential because it’s a juvenile matter. That is contradictory and confusing.

I am just so torn up about this and I wish I had a million dollars because I would be the one who goes to the Supreme Court about outlawing those lists and confidential tips.

Thanks again for all you are doing,
Kim,
Pennsylvania

6 responses to Proof of Innocence?

  1. You are confusing the criminal justice system with the family court system. The family court doesn’t function under the same rules of evidence or the presumption of innocents, which is part of the problem. I personally think if they are going to attempt to take someone’s children the person should be criminally charged.

    Many people have challenged their names being added to CPS abuser lists and are winning their fight. I will warn you though, it’s not an easy or cheap fight but having your name included on the abuser list or sex offender lists can affect your ability to work, as well as many other areas of your life.

    We must continue to fight to have these unjust practices stopped.

  2. I agree. My grandchildren are being held right now and in fostercare and it is only because there father fled the state of NY and was arrested in Florida.

    My daughter has joint custody and all her paperwork is in order and they are still holding her children. She has been told they could just drop this whole thing right now and let her children go home with her and that’s what they should have done in the first place but they don’t care. She went to Florida after they kept her children and made them wait 3 weeks in the foster home from hell.

    Yesterday, was the court day and they waited 8 hours in the court room only to be told they wouldn’t be seen yesterday and to come back on March 18th, 2011.

    They all started sobbing and my 12 year old granddaughter curled up in a fetus position in her mothers arms and sobbed mommy please take me home, mommy please take me home and she said how can you do this to these children – they were promised they would be heard today and I’ve come all the way from NY to be here.

    I guess they made a few phone calls and got her into a court date on Thursday because her train leaves for NY on Friday. I know legally they had no right to do this to the children and her. I’m still afraid they aren’t going to let my grandchildren go and she has done nothing wrong.

    Anyway, speaking of criminally charged – even if you are the nonoffending party they keep your children and don’t care! Is there anyone in Florida today that can talk to or help my daughter today with encouragement or advise today? She needs desperate help.

    I am praying for a miracle. She is in Riverview, Tampa, Florida, Hillsboro County and if you email me right away, I will send my phone # so you can call me and I will tell you where she is.

    God bless. Or if you know someone else in that area that I can call please help me.

  3. I have just visited GoPetition and found the following page very interesting:

    Putting Children and Family Services in their Place
    http://www.gopetition.com/petition/36943.html

    Nationwide, there are State run agencies who are supposed to be protecting abused children in dangerous situations. Each State has many different titles for them. All of them are main stapled as CPS (Child Protective Services). For example, in Texas they’re known as DFPS. (Department of Family and Protective Services)

    Regards

  4. Hi, new to this site and lost a page I wanted to comment on. Can’t find it now so will ask: you mentioned using an ‘advocate’ is sometimes better than a court appointed lawyer. Can I get some info. on that? thanks.

  5. What state are you?

  6. My friend, I’ll call him Bob, is in Kentucky jail. He’s been there since Oct. 10, I think. He had court date March 12 but court appointed lawyer asked for another date. Next date mid-August. Bob hasn’t seen this court appointed lawyer since.

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