What to do when child protective services knocks on your door
By: Bill HahnJuly 26, 2007
Family attorney Gregory Hession offers list of recommended actions to help protect your children from CPS abuses
For Immediate Release
Contact Bill Hahn, Public Relations Manager
920-749-3780, bhahn@jbs.org
Appleton, Wis.—Mass. family attorney and constitutional lawyer Gregory Hession has represented scores of families whose children were forcibly removed by the state, most on false or unsubstantiated allegations. He offers the following tips to help prevent families from becoming victims. This is not legal advice and may not be appropriate for all situations or states. Consult legal counsel if you are confronted with a CPS situation.
1. Request a copy of the search warrant:
By law, this is required to enter your home without consent.
2. Be polite and courteous
This will be tough to do, but your words will be used against you. Don’t give the prosecutor more ammunition.
3. Do not give voluntary consent to enter your home
You do have something to hide…it’s called your privacy, so try to keep it.
4. Exercise your right to remain silent
Again, screaming and yelling won’t work, so keep your words to yourself.
5. Consult counsel
Trust only the lawyer you are paying. Public defenders are not on your side.
6. Do not do anything illegal
Even though it will be highly tempting, fleeing with your children or any kind of retaliation will only worsen your situation.
7. Take your fight to court
Listening to your lawyer and following his or her legal advice is the best avenue of defense. Unfortunately with child protective services cases, parents literally are guilty until proven innocent.
8. Understand your constitutionally guaranteed rights
Knowing your rights will help avoid additional prosecution in court.
9. Teach your children
Help your children understand what constitutes genuine child abuse as opposed to parental discipline. Teach them what could happen if they misconstrue parental discipline with abuse.
10. Learn from your mistakes
Once you learn what caused CPS to investigate, make sure to correct any mistakes you might have made to avoid future false allegations.
Unfortunately, genuine child abuse does happen, and those involved need to be prosecuted to the full extent of the law. But for those parents falsely accused, the possibility of their children being actually abused in CPS custody remains very real. In today’s reactionary society, parents need to teach their children the dangers of false allegations and how easy it is to be misinterpreted by a teacher, day care provider, neighbor or medical personnel.
To learn more about families separated by the state, read Hession’s articles in the New American magazine, July 23 issue. Call 800-727-8783 to order single or multiple issues, or visit www.thenewamerican.com to read his two articles.
Hession has experience in federal and state courts, and with many kinds of litigation, from civil rights to criminal defense. He is president of Family Legal Services, Inc., which provides legal services on a sliding scale fee basis, and Constitutional Legal Institute of New England, Inc., both non-profit Mass. corporations. His law offices are located in Springfield, Mass.
The New American magazine, a bi-weekly magazine of The John Birch Society, evaluates the events of the nation and provides political and social commentary and a forum for the exchange of ideas. Cover stories are posted at http://www.thenewamerican.com/.
Since 1958, The John Birch Society, headquartered in Appleton, Wis., has been dedicated to restoring and preserving freedom under the U.S. Constitution. Members come from all walks of life and are active throughout the 50 states on local, regional and national levels. United by a strong belief in personal freedom and limited government, plus a sense of duty, members have played a continuous, pivotal role in halting legislation and federal policies that threaten the independence of our country and our people. Visit www.jbs.org for more information and see why The John Birch Society continues to fulfill its founder's vision of less government, more responsibility, and — with God's help — a better world.
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http://thenewamerican.com/trackback/4847
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