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CPS: IS YOUR CHILD BEING ABUSED OR IN DANGER?

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Abused and Murdered Baby Angels's picture
on Sat, 05/12/2012 - 03:10

 

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice.  

How to help a child who you already reported is being abused but CPS will not take action or is failing to remove the child:

 

DON’T GIVE UP! You are the ONLY chance this child has of being helped!

1. If you have contact with the caretaker/foster carer, maintain a positive relationship as HARD as this may be! You are the only positive influence in YOUR child’s life, last thing you want is to have a restraining order against you and you can’t support YOUR children to help them.

2. Be determined and focused to help YOUR child. It is our responsibility as adults to help those children who are in danger and being abused. Children are vulnerable and defenseless and depend on others for protection because they can’t help themselves.

3. Don’t give up. Sometimes it may seem that you are not getting anywhere but remember you are the only chance at help that your child has. Regroup and keep trying!

4. Take detailed notes. We can’t stress how important it is to take detailed notes of events, conversations, etc. Dates, times, witnesses, outline of events/conversations and outcomes in as much detail as possible, with each visit you have with your child.   You have the right to make a request to view the caseworkers documentation of any notes they have taken pertaining to their visits with your child and you.

5. Keep track of Reports to CPS. If you have reported abuse and CPS has not addressed the issue or they find insufficient evidence, keep reporting what you hear or see. Keep track of each report you make to CPS – date, time, who you spoke with and what the report number is.

6. Make a police report as well as a CPS report. After reporting to CPS call the police and make a report with them and get the time, date, who you spoke with and a police report number.

7. Send a Certified letter to CPS. If after the 1st report CPS doesn’t take action to help your child, keep reporting to CPS and police department but also send a certified letter to CPS Program DIRECTOR with the report number/info, police report number/info, case worker if applicable and advised them of the situation. Mention that you have reported this abuse situation and nothing has been done to investigate further or help the child and you are extremely concerned for your child. – Keep a copy of the letter sent.   DO NOT COMMUNICATE VIA EMAIL.   Many times email communication is "lost" or "not recieved".....THE ONLY VIABLE PROOF YOU HAVE OF EVERY COMMUNICATION REPORTED TO CPS IS THROUGH CERTIFIED MAIL.

Note1: To find out who your local CPS Program Director is simply contact the agency or the caseworker that was assigned to the report investigation (you should have received either a letter or a call from him/her) and ask them for their address as you need to send some paperwork to the Program Director and ask his/her name. If they refuse to give you that information you can always Google –city state cps program director- i.e. “San Antonio tx cps program director”. You will get a list of different sites, go through them until you find a legitimate one with the administrative information of the CPS Region or directors info.
Note2: To send a certified letter. Go to the post office with your completed letter inside an sealed envelope and the address to send it to – NO PO Boxes will be accepted. Tell the post office attendant that you need to send a certified letter and they will take it from there to explain more.

8. Send a Certified letter to your Attorney General. If no actions have been taken to help this child, write a letter to your attorney general stating the situation. Put all of your detailed notes you’ve taken so far into that letter and express your concern for the child and the lack of response from CPS. Send this letter with Certified mail as well. – keep a copy of the letter sent.

Note: To find out who is your state attorney general is and their contact, Google -who is the city state attorney general- i.e. “who is the san Antonio tx attorney general”. This will generate a list of links, go through them until you find a legitimate site with the regional offices and contact information. Call them and get an address to mail a letter for the attorney general to receive.

9. If you have access to the children. Advise YOUR children to speak to their teachers or a counselor about what they are going through at the carer's home. Having a professional report the abuse will help with a response for CPS. These professionals who interact with your child on a daily basis can be an excellent source of information as a witness of your child's general state, progress, and affect/mood.   If you know your children’s teacher, approach the teacher and advise them of your concerns. Ask them to keep a vigilant eye on the children. Keep your discussions with the teachers focused on the children and their safety DO NOT focus on the carers, as this may seem that you have a personal issue with them. You want the teacher to take your concerns serious. It is only about your children and their safety!

Note: Please assure the children understand that this is not their fault; it is issues that the adults caring for them have and need to resolve.

10. Evaluation for children. The most difficult type of abuse to prove is emotional abuse. If you have access to your children, have them evaluated by a INDEPENDANT therapist and CPS will not be able to ignore the professional’s opinion. If you need guidance on what therapist you can visit, DIAL 211 NATIONWIDE for local community support and speak to people who assess your needs and link you directly to the resources that will help, in this case, a therapist for the children.

11. Gather Evidence. Taking detailed notes are strong supporting documents. Now you need to gather evidence if possible. Evidence is hard to deny!

    • Gather Audio/Video if possible of conversations or incidents relating to the abuse.

NOTE: In some states it is illegal to record another person without their consent.

***Here is a link to help you determine if your state is a “one party consent” (you do not have to get their permission) or a “two party consent”(you do have to get their permission). State Laws

If you are proceeding to tape conversations/incidents as evidence either with children, abuser, etc to expose the abuse. Here are some links for equipment that you may need which is affordable.

http://www.brickhousesecurity.com/body-worn-covert-spy-cameras.html

http://palmvid.com/content/categories/video-cameras/sub-categories/wireless-pre-hidden-cameras.html

 

12. Keep reporting and if you have gathered evidence it will be harder to ignore you. KEEP TRYING AND DON’T GIVE UP.

13. Get the media involved and your community. We’ve all heard or seen about the cases that have been reported numerous times and the system fails to take action ending in a fatality. The system is broken and overwhelmed with calls and cases, we have to do our best to make sure that we are heard!

    • Reach out to your local media (news, news papers, etc) and tell them that the system is yet again failing to protect a child. Discuss your many attempts to get YOUR child help and the abuse your child has stated to you, and any and all signs/symptons of possible abuse.  Take photographs if possible.   You are your child's primary and only witness.

Note: To find who your local media contacts are simply google something like –City State Media Type “San Antonio TX news channel”, a list of news channels will be displayed. You can do the same for the news papers, etc.

    • Reach out to your local child advocate groups. Non profits that are combating child abuse and ask for their help!

Note: To find who are your local child advocate groups simply google something like –City State Child abuse agencies “San Antonio TX Child abuse agencies”, a list will be displayed with local information.

You can try all options above and/or contact an attorney.

  • DIAL 211 NATIONWIDE for local community support and speak to people who assess your needs and link you directly to the resources that will help, in this case, attorneys who specialize in Family law and cases.
  • Search Legal Aid for local Legal Representation.
  • We also have a list of some attorneys who may be able to help. 

Steps to effectively report a caseworker

 

1. Gather evidence about your caseworker's negligence by taking detailed notes consisting of (this is per incident and interaction) DATE, TIME, OUTLINE OF EVENTS OR CONVERSATIONS, OUTCOME, etc.

    • Not returning calls

    • Failure to provide documentation needed
    • Etc.

NOTE: If possible keep documentation as evidence. i.e. Print your phone records as supporting evidence.

2. Address your concerns with your tell him/her in a professional manner that you are not happy with the way he/she has been handling your case.

    • Be specific and provide concrete examples.
    • Try to refrain from sounding accusatory or angry because he/she may become defensive and not truly listen to your problem.
    • Take detailed notes. Document the date of the discussion and make a general outline of the conversation.

NOTE: Many agencies, such as the Texas Department of Child and Family Services, recommend that you address problems directly with your caseworker before you bring it to the attention of a supervisor.

3. Wait reasonable time to see if the caseworker's behavior changes.

    • She/he has been returning your telephone calls within the appropriate time frame.

NOTE: If you see improvement there is hope but if she/he continues to ignore your case, etc and not fulfill her/his duties, report them.

4. Report the Caseworker by calling the caseworker's agency and requesting an appointment with her/his supervisor.

    • Bring all of the documentation/evidence you have created or put together with you to the meeting.
    • Discuss the situation in a calm and professional manner with the supervisor.
    • Explain your position, and go through the documentation or other evidence with them.
    • If you feel that you need a new caseworker, request one.
    • In no need for a new caseworker, specifically state what you want to happen as a result of this meeting.

NOTE: Be organized and specific regarding what you want out of this meeting, it is key.

5. Send a Certified letter to CPS. If no action was taken from reaching out to your caseworker’s supervisor and you are still having issues with your caseworker, send a certified letter to CPS Program DIRECTOR with the case number/info, case worker name and supervisor’s and advised them of the situation. Include detailed notes of the incidents and the meeting notes with the supervisor. – Keep a copy of the letter sent.

Note1: To find out who your local CPS Program Director is simply contact the agency or the caseworker that was assigned to the report investigation (you should have received either a letter or a call from him/her) and ask them for their address as you need to send some paperwork to the Program Director and ask his/her name. If they refuse to give you that information you can always Google –city state cps program director- i.e. “San Antonio tx cps program director”. You will get a list of different sites, go through them until you find a legitimate one with the administrative information of the CPS Region or directors info.
Note2: To send a certified letter. Go to the post office with your completed letter inside an sealed envelope and the address to send it to – NO PO Boxes will be accepted. Tell the post office attendant that you need to send a certified letter and they will take it from there to explain more.

6. Send a Certified letter to your Attorney General. If no action has been taken to help you with your case concerns, write a letter to your attorney general stating the situation. Put all of your detailed notes you’ve taken so far into that letter and express your concern for the lack of response and how this is affecting the child and the case. Send this letter with Certified mail as well. – keep a copy of the letter sent.

Note: To find out who is your state attorney general is and their contact, Google -who is the city state attorney general- i.e. “who is the san Antonio tx attorney general”. This will generate a list of links, go through them until you find a legitimate site with the regional offices and contact information. Call them and get an address to mail a letter for the attorney general to receive.

7. Repeat. You may need to repeat contact with Caseworker, caseworker supervisor, CPS director and Attorney General until you see some results. Be persistent as a child’s future and safety is at stake!

You can try all options above and/or contact an attorney.

  • DIAL 211 NATIONWIDE for local community support and speak to people who assess your needs and link you directly to the resources that will help, in this case, attorneys who specialize in Family law and cases.
  • Search Legal Aid for local Legal Representation.
  • We also have a list of some attorneys who may be able to help.

What categorizes as "Detailed Information" and WHY is it Important

  • What is Detailed Information (detailed notes) is Notes you will be taking from Observations, Conversations, Witnessing Events, Other Events, Everything and Anything related to the case, children, abusers, caseworkers, etc. BE EXACT with wording and events! Gathering of as much detailed information as possible!
  • Example of Detailed Information DATE - TIME - OULINE OF EVENTS OR OUTLINE OF CONVERSATIONS - WHO WAS PRESENT - OUTCOME, etc. Anything that when your notes are read back to anyone, they can picture the incident as if they were present in the moment!
  • Why is taking Detailed Information Important. When we are trying to prove something to someone it is important that we provide as many details as possible.

Purchase a spiral notebook! To keep all entries organized.

 

Comments

Lukes Dad's picture

Thankyou for posting on the site, Michael.