What to Do If CPS Targets Your Family

The advice that I have in dealing with CPS in Oregon and other states is based upon personal experience. After 2 years of fighting them, I regained full custody. In my case, CPS opened a case on "Threat of harm", admitting that they had no evidence of any abuse or neglect, and in fact did not even suspect abuse or neglect. The claim they made was that "maybe someday" I "could possibly" cause harm to my child because I have a disability. I made many mistakes dealing with them, hoping that if I cooperated my child would come home as promised by CPS. Eventually, they admitted they had no intention of returning my child. What follows is some advice I gave to a parent who has just began her nightmare with CPS. I hope you find it helpful, and even more, I hope you never need it. And so, read on for some things to do and not to do when CPS opens a case:

Many times CPS will "require" you or your spouse to undergo psychological tests or tests for pedophiliac tendencies. The first thing I suggest is that you stop cooperating with any such testing. These tests are designed to find problems, not to prove innocence. And once taken, results are much more difficult to refute than having no results at all. Getting an attorney is very important- do it immediately. If you cannot afford an attorney then you can have a court appointed one. I only know the process for Yamhill county- if you are in a different one then call your courthouse and find out where you can apply for a court appointed attorney. You will fill out some paperwork and an attorney will be appointed for you.

You do not have to wait for a court date to do this!! Don't ask CPS- they generally aren't very helpful. If a psychological evaluation is requested, and your attorney feels you should go through with it, I suggest Dr. Gary Field in Salem. He is fair and honest- and you can get the court to pay for his fees. No matter what, don't go to any professional that CPS recommends or demands. The report will be biased in favor of CPS if you do. The Oregon Psychological association has a website where you can search for a psychologist according to location and specialty. Do your own research and talk to the person before choosing them. Do not sign any papers acknowledging abuse or neglect, and also don't "stipulate" to anything CPS says in court. Your attorney may try to get you to do this, but the consequences are not good. Start finding people who have seen you parent your kids. You may need them to testify that you and your husband are good parents. Also talk to your children's teachers/day care providers. Ask them to write you a letter (addressed "To whom it may concern") describing your children's personalities, if they are happy and outgoing, look well cared for, steady grades (whether they are A's or C's, if the grades don't fluctuate alot it should be mentioned), and any general observations regarding your children's reactions toward the parent(s) the teacher has seen your child interact with (such as dropping off/picking up from school). Also, if your children are attending the same school in foster care asks if the teacher has noticed any changes in their mood, behavior, or grades since beginning foster care. You need everything in writing, and don't give it to CPS. This is something your attorney may or may not want to use in court. Just so you know, many times teachers assume that if CPS is involved or has removed a child, then there was a good reason. You don't need to explain anything to the teacher, probably best if you don't say too much.

Tell them you just want their honest observations because they are important in your children's lives and you want to do what's best for them- so their input is valued. If they agree, ask when you could stop by and pick up the letter. Don't mention you may use it for court- if they ask, tell them you aren't sure what course your attorney plans to take. Try to be professional and courteous, regardless of the attitude you may encounter. A letter from your children's physician would be good too- stating the children's health status, the fact that you brought them in whenever needed and that you followed the doctor's advice in treatment and care. Also ask the doctor if he/she has ever noticed signs of abuse or neglect. If he answers no, ask him to include that in the letter. If yes, ask him to explain what his concerns have been to you. Again, be non-confrontational. Stay calm and just make notes to yourself about everything he said. That way your attorney will know what the doctor may have or will say to CPS when questioned.It will be difficult for you and your children to be apart, and unfortunately it may be awhile before they can come home. Don't miss any visits with your kids, and tell them that they are in your heart, and you are in theirs. So even when you are apart, you are still together. When they ask questions about what is happening, CPS will usually not allow you to answer the way you want. I found it best to just say, "I love you more than anything and am doing everything I can so we can be together again." Something along those lines is good, but don't offer it unless your kids are asking what is going on. Especially in supervised visits. There is a great book called "Love You Forever". Reading this to your kids often will help both of you realize your love for each other is forever, and no one can interfere. It will help your children cope with the uncertainty they now face.