Back in 2001, it was a different chapter for me, that was the time I personally first encountered CPS, and their various insidious tactics. As unhealthy it was for me, I think it all happened for a purpose. Back then I shared my story and a friend of mine Jo Martin who anchors an "against" CPS website was of so much help. She is also the writer of river girl. Below is my case that I have shared, all happened well, and now I am in it to fight against CPS. Right at this time, having to study the law and help other parents have been one of my most heartfelt achievement.
A caseworker wrote in a SWORN affidavit to the court, way down on item number 8, that I had been charged but not convicted of sexual abuse matter back in 2001. Of course, complete perjury, it was outright lies. The Judge should have instantly been able to look on their docket database or computer and see that I had never been
“charged” for any such thing. I had never even been accused of any such thing, ever, never. The Judge refused strongly to make a direction of the lie to a prosecutor for perjury charges and never forced the agency to correct such a horrible lie either. He simply let it through, I even found old documents about the incident the caseworker lied about, and I was very much certain. I actually had PAPER proof that the caseworker had committed perjury, and the documents were written by a different caseworker in the very same agency out of the exact same building that the lie and perjury emanated from.
The Judge STILL refused to direct the perjury for prosecution, refused to say anything about the document proving perjury and the agency refused to correct the grotesque lies. The big lie was an attempt at the well known “divide and conquer” tactic. The very fact that this big LIE was placed way down on #8 on the affidavit indicated that the caseworker knew it was all crap from the very start but they were all in with it nonetheless. If it had been real you could bet that it would have been #1 on the sworn affidavit. Certainly in the mind of any judge reading that document that item was #1. It was what is commonly known as a “poison pill” .My SO fell for the stipulation scam and was promised a service plan with only 2 items, they drew for the kill.
I warned that these agencies are famous for promising easy service plans and then violating their promise by loading them up with more undo-able rubbish only put there to dismantle one's will. Her son, an attorney promised that if they did that, he would FIGHT for us about that. The service plan had 8 items on it and the worthless son of an attorney withdrew rather than fulfill his promise.The service plan was IMPOSED, rather than give us any “Family Active Participation in the FORMATION of the Service Plan”. Before a TPR hearing came up my SO wanted to comply with as many of the service plan items as possible and I warned her that they had poisoned and rigged the services to be against us, but I agreed and we moved toward doing what we could.
I investigated the ground rules and situation for the “Psych Eval” and found that the agency had to send the psychologist a 6″ stack of their garbage paperwork as well as a list of concerns to be investigated. I checked on the size and nature of the INPUT and called up the psychologist to ask if he thought he could determine my ability to parent “In a vacuum”, without seeing me actually parenting. I pointed out an ethical code for his profession which says they are not to allow unqualified people to DIRECT or co-opt their work. I asked whether I was to be judged based on my mental ecology or if I was to be judged by him based on the 6 inch plus stack of paperwork from unqualified bureaucrats. I asked him if he thought my ethical concerns were valid. He was evasive and claimed that the answers were too complicated, that I would need an entire college course to understand. I cancelled appointments for the Psych Eval!
Later the caseworker reported that the psychologist called her up complaining that I was asking a lot of “legal sounding questions”. My SO went to a domestic violence class but was pulled out for a “one-on-one” class where the instructor just badgered her about the most idiotic misinterpretations the caseworkers could come up with. She soon agreed with me that the Service Plan was RIGGED too badly to be of any use to us. At the TPR hearing the Judge quashed dozens of subpoena’d witnesses, mostly with no explanation as to why they were quashed. One caseworker pretended we were imagining a conspiracy against us, but testimony from two witnesses revealed some very real conspiratorial behavior on the part of the agency and their spin-off agencies. A TPR is supposed to be a simple yes/no question, basically whether the parents cooperated with a doable Service Plan and the kid can go home or not.
Iowa added a third option, which is actually unconstitutional, where the state admits the child COULD go home, but the state will keep them anyway.Their Service Plan was not doable, heck, one item was absolutely not available and as I said, several of the items were RIGGED and on contact the caseworker refused to correct even the most glaring errors in the case or the service plan. The Judge in 2002 made an appealable issue by quashing dozens of valid subpoenas and sending most of the witnesses away, with no legal explanation. In 2005 a different Judge again quashed a number of subpoenas and sent the witnesses away. My 2nd chair attorney informed me that a Judge actually does not have that right, not at the beginning, sight unseen. If I had subpoena’d witnesses and didn’t have anything salient to ask them on the witness stand, and showed a pattern of calling witnesses with NO POINT, then a Judge could quash witnesses like that, but in both of these cases the Judges quashed the subpoenas and witnesses BEFORE finding any such bad faith behavior.
In 2005 at pretrial I asked for FOUR DAYS to go through my subpeona’d witnesses. The prosecutor claimed they only needed 4 hours, but at trial the Judge pared it down to three days and the prosecution took up a day and a half, effectively cheating me out of time as well as my witness list. Even with only 4 or 5 hostile state actors I still followed proper procedures and caught them in their own lies. Two caseworkers got pink and red faced on the witness stand and one contract (pretend) “social worker” cried and balled on the witness stand but admitted that she was NOT qualified for the work she got paid for. She admitted that I had showed her proof that the agency caseworkers had committed perjury, but that she never spoke out about the wrongs done by the agency.
Then came the “Adoption Specialist” MSW caseworker. I told him I was going to use him as my expert witness, owing to his credentials. I asked him about how valid a Psych Eval really is when it has INPUT, and he said input into it would contaminate it and make it not valid. He asserted that any INPUT ruins it, wither it was a 6″ stack, a one page “list of concerns” or even a short “laundry list” of concerns, he testified that even that would contaminate a Psych Eval and make it not valid. I even had to take the stand myself, and oddly, the Judge started addressing me directly and asking me why I would not do the Psych Eval, so I explained once again that the caseworkers had RIGGED the Psych Eval for negative outcome with their INPUT. I explained that the caseworkers desire to place an “x” in a printed little box on a bureaucratic form was not a legitimate reason for me to undergo a Psych Eval. I asked the prosecution if they had any probable cause to believe that I was
in any way impaired psychologically. They said nothing.
The Judge argued for them, trying to tell me it was not about probable cause. I pointed out that such an invasion of a person’s privacy certainly should be protected by the 4th amendment and should indeed require “probable cause”. That Judge HATED us but we EXPOSED the creepy agency liars and he had violated so many things that I think he DREADED an appeal exposing his various violations. His ruling was in our favor but appended to that
was a bunch of nonsensical negative garbage that bore no resemblance to anything presented in our case. I was actually tempted to appeal a ruling that was in our favor, just because of the taint of the negative comments. They tried to use my OLD domestics against me, illegally.
If you or your spouse have a domestic on your record that is more than 5 years old, just remember that even a woman who KILLED her kid is allowed to REDEEM herself by taking parent skills classes and 5 years after murdering, allowed to make and keep a baby. The old court ruling on that explains that in the USA we are able to CHANGE and redeem ourselves even after murder. If they can overlook a 5 year old child murder conviction and let a woman “start over” then a Dad with a 5 year old domestic should not be treated like some kind of boogie man. When the real abuse are flocking within the foster system even causing deaths!, and some foster people abusing children by duct taping them to a high chair in their basement should have gotten lethal injection.
To some extent, deciding to cooperate or do what caseworkers want you to is like a “deal with the devil” also known as a "Faustian bargain", and I’ve seen lots of stories from people who tried that with horrible outcomes, too. Plus you started from the premise that the man was THE perpetrator of domestic violence, which is falling apart based on stats and research. When it is all said and done, despite my studying and experiences, my main
conclusion is that the unqualified imbecile caseworkers and their rubber stamp
court are indeed like bullies, no, they are bullies who fight dirty, so only YOU can decide whether they have something REAL on you and whether your family is better off, whether you can live with yourself making that “deal with the devil” or if you can live yourself by confronting the evil bullying they represent to battle off CPS.
Their admin law rubber stamp “dependency” courts really are unconstitutional because of the LIBERTY INTERESTS involved but if you go charging into their courts rubbing their noses in that it doesn’t go well. You’re really stuck pretending that the Emperor’s New Clothes (the rubber stamp courts) are beautiful even if you KNOW otherwise. Carefully listen to the words of Indian Sunset by Elton John.
“He’d been laying down his weapons, when they filled him full of lead”! You have to decide whether to fight this people in court or cooperate.
If they have something solid on you, it’s very different from a case made out of fabricated fictionalized crap. Their Service Plan Are Rigged And Their Perjury Is One Of The Worst In History.
Fight Smartly!!!
Warm Regards,
Greg.