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Imagine, if you will, that you’re a hard-working convenience store clerk. The shift is almost over, and it’s been a long night. Then, the worst happens. A thug walks in, puts a gun to your temple and motions to the cash register with his free hand. “Give me the money” he growls from behind his brave little ski mask.
As you comply, he stops you. “I want you to understand”, he says in an almost friendly manner, “that your decision to give me the money is strictly voluntary.” He pauses as you stand there amazed, contemplating the dissonance between his words and the Glock 19 at your head. “Mind you I’ll shoot you dead if you don’t, but I want you to know it’s completely your choice.”
Many clients have described feeling like the beleaguered cashier. “Voluntarily place your kids with relatives for a month or more while I investigate these preposterous allegations against you. Mind you I’ll take them right now and put them with complete strangers in a Foster warehouse if you don’t, but I want you to know it’s completely your choice.”
The paper evidence of this “choice” is called a safety plan. And I say thank God for it. And thank Gary Gates. Allow me to explain. You see, back in the good old days, the child savers at Child Protective Services (CPS) would simply walk into the store and shoot you in the head without word one said. Days or weeks later you’d have your chance to appear in court to find out why.
But then came Gary Gates. His story is much too involved to get into now, but suffice it to say that CPS treated him in a fairly typical manner (threats, lies, violation of constitutional rights, etc.) – and took all thirteen of his kids (most adopted) into State custody. (Read Gary Gates’ full story.) They made one slight miscalculation, however. They made a very wealthy man very, very, very angry.
Fast forward to the decision in Gates v. Texas Department of Protective and Regulatory Services. This Fifth Circuit Appeals Court decision is a candy store of good case law for parents, but the Golden Ticket Wonka Bar of it is this: if a CPS worker violates your constitutional rights, you may be able to hold her – not a state agency, her – personally liable for it.
Illegal takings dropped significantly. In their place came the safety plan. Yes, it’s used to coerce. Yes, it’s agreed to under threat. Yes it’s CPS going around the legal system. But compare it to the good old days. Your child is with family, not strangers. She’s gone for days or weeks, not months. You’re spared the expense and added stress of court hearings before a corrupt judge that appears to be under CPS-style Jedi mind control.
While there is still much to do in the fight to make child abuse laws fair and to rein in the abusive child saver industry, there has been progress.
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The did mine for 7 months. They just kept extending it, and making me rejump through all their hoops. Once I lawyered up they returned my son immediately. Get this a social worker never visited my son who was at my mother’s house for the whole time, but documented that they did!
My caseworkers went behind my back after I stated on the record in court twice “NO i do not agree to the conditions of pgm supervising the father of my child”(who was arrested for controlled substance less than 2 weeks to case closure.) As a non offending parent since day one, they developed a safety plan with only the pmg signature and both caseworker and supervisor.
Stated in the plan “the mother and pgm agree to the conditions.” After asking the caseworker on video. “How was this submitted to the school without my consent or signature?” She states “you were not included on the plan so we didnt need your signature.” After bringing to her attention the quoted sentence above she states “oh i meant to take that part out.” Therefore they were developing a safety plan with my childs grandmother with whom has 0 rights in the state of Florida without my consent.
I have the caseworker on tape admitting to lying in court and creating plans with someone regarding the safety of my child with whom for over 4 years was placed as this mans supervisor, a woman who didn’t notice he was using heroin in the home… Or playing the ignorant card to the facts. As his mother she should be well aware of suspected drug use by him because its concurrent for more than 10 years under her roof. This same woman commited perjury in 2016 when cops asked her if she knew her son has addiction issues. She said NO.. Even though he has been in and out of rehab the years prior to our meeting and creating a child.
This dependency case we have been in since september 10th 2018 after i reported him for suspecting he was using again, and was correct, has been a shit show. He violated safety plans numerous times with out being reported by caseworkers even when i was bringing the violations to their attention. The DCF was still moving to close the case even after he admitted to police to relapsing prior to the arrest and admitted to being a drug addict. Dcf felt secure knowing his mother the woman who didn’t do her job as mandated reporter to report the crimes to anyone. Rather she would hide my child and try to hide his actions from me.
As I said I have evidence of the lies they told in court and the violations he committed while under the supervision of the department of children and families/ childrens network. All the while I’ve been persecuted for prescriptions had false allegations reported by the grandmother of supposed abuse to my child and using drugs beyond my prescription.
That was open and shut in one day. Non substantial evidence.
I find it alarming that the DCF would close a case when the father admits to relapsing and being an addict. All recorded and saved for future federal case I intend on filing against the dcf and childrens network.
Not only that. The dcf opened a case on the father 4/20/2018 in which he OVERDOSED with the child in the home and guess what? Dcf never contacted me. They sheltered my child and i was seeing her regulary on the weekends without any knowledge of the over dose until the report i made and after reading the investigative report I saw that…. A clear violation of the law as the department has 60 days to locate the other parent and they never even contacted me at all.
Most children are not placed with relatives , there is no financial advantage for cps to place children with relatives , their money comes from foster care and adoption incentives . Relative placement is usually denied for trumped up reasons and a lot of children were not abused in their homes to start with .Cps targets poor families who dont have the money to fight them. This man had the money to fight , thats why he won
It’s my understanding that they can extend the Safety Plan indefinitely and even if followed to the letter one still may not get their child(ren) back.
The Safety Plan is a VOLUNTARY AGREEMENT between the parents and CPS, and can be voided by either side at any time. At the point that the danger is past (if there ever was any), the agreement should be thrown out. Don’t do this alone, however. Get competent legal help to guide you.
Not true they can’t extend with out judges approval. I just request a extension personally after the dcf wanted to close a case stil, after my childs father was caught with heroin and addmitted to police he was using and relapsing. I had to file an emergency motion and the judge granted a month extension to our case. Without a judges orders the department or their third party associates can not extend anything themselves. Read your states law and national laws I reported caseworkers to OIG the attorney General and my governor. I had a supervisor removed from my case and a switch of caseworkers 3 months to case closure. After I made enough stink anout them violating their own rules and procedures. They pretend to have more power than they do and unfortunately without judges approval anything they claim is false. Don’t let them bully you. Know your rights as a citizen and parent. 14th amendment protects us from unwarrented search and seizure which our children fall under.
Once i flexed my rights and video recorded the inconsistencies and holes they have now laid off me and instructed the grandmother of my child to quit over stepping her bounds which has been ongoing for more than 4 years.