The recent furor over the Texas Department of Family and Protective Services (aka Child Protective Services) raids on the Texas Yearning for Zion Ranch polygamist group reminded me of a nice primer on CPS by Texas criminal defense attorney Paul Stuckle (pictured). It is particularly interesting in light of the recent ruling that the raids were unlawful.I often get letters from parents who are targeted by CPS, and their stories can be horrific and heartbreaking. Stuckle writes:

"Many parents find themselves overwhelmed when contacted by CPS and for good reason. CPS investigators and caseworkers are able to manipulate parents through fear and intimidation, making the innocent parent feels helpless. CPS has the legal power to take children away from their parents.

"Under these circumstances parents who are not aware of the underhanded nature, shoddy investigative techniques, and financial motivations of CPS readily sign safety plans, service plans, allow CPS into their homes, submit to interviews, and essentially do anything the CPS investigator asks. The innocent parent naively believes that by doing what CPS wants they will be left alone.

"The parent soon finds out they were wrong."

Below Stuckle provides a list of questions to ask yourself when dealing with CPS.

Are You Being Treated Fairly By CPS and the Court System?
By Paul Stuckle, Esq.

1) Was your child contacted by the authorities, questioned or photographed without your knowledge or consent?
2) Did CPS have your child remove his or her clothing without your knowledge or consent?
3) Was CPS contacted by an anonymous informant whose identity was not disclosed to you?
4) Was CPS contacted by a mandatory reporter (teacher, doctor, counselor, etc.) who may lose their job if they don’t report even the slightest suspicion of abuse?
5) Were you ordered by CPS to basically drop everything and show up at their office?
6) Did CPS inform you that any failure on your part to cooperate would result in the removal of your children to foster care?
7) Did CPS tell you an innocent person does not need a lawyer?
8) Did CPS force you to sign a safety plan, requiring you to agree to their terms without a court order, by threatening to take your child if you did not sign?
9) Did CPS enter your home or take pictures of your home without a search warrant?
10) Has CPS refused to provide you with their written reports, witness statements, a copy of a videotape made of your child and other documentation?
11) Did CPS have your child examined by a CPS nurse or doctor without you being allowed to be present?
12) Did CPS remove your child and place him / her in foster care even though the family has relatives and friends who could have taken the child?
13) Was the removal of your child done BEFORE CPS had the permission of a judge?
14) Did CPS mislead, exaggerate, make false statements, or outright lie to the judge?
15) Were you placed in front of a judge without an attorney to represent you?
16) Were you treated fairly in court or did the judge completely side with the prosecutors and CPS?
17) Have you been court ordered to fulfill a service plan requiring you to:
A. Take a psychological evaluation;
B. Submit to drug testing and evaluation;
C. Attend parenting classes;
D. Attend counseling;
E. Attend battering or domestic violence or other counseling;
F. Admit and take responsibility for things you did not do?
18) Are you only allowed to see your child for a few hours a week with the visits being monitored by CPS employees?
19) Are CPS and the judge unconcerned with your ability to attend all these classes and “services” and keep your job?
20) Has CPS “implied” that you must get a divorce if you want your children back?
21) Have you been told you will not get your child back for up to one year?
22) Is the state trying to limit or terminate your parental rights?

This entry was posted on Friday, May 23rd, 2008 at 2:11 pm and is filed under Child Protective Services/Child Welfare System, Child Abuse. You can skip to the end and leave a response. Pinging is currently not allowed.