Thursday, May 29, 2014

Know precisely what you are being officially accused of

4. Know precisely what you are being officially accused of, and the evidence being presented against you. Read all the paperwork CPS or the juvenile court gives you. Pay special attention to the CPS report(s).
Reading CPS and court reports can be difficult at first because much of the language in reports and court papers is unfamiliar. But don't give up. Just keep reading. It doesn't take long to start catching on to the lingo, particularly if you're willing to keep asking questions along the way.
*** One of the very first things you need to look for, circle, and underline in these materials are the exact written words of the CPS accusations against you. If you don't know the exact written words of the accusations against you, it's virtually impossible to defend yourself. If CPS is preparing to put you through a program, or take your child, or hold your child, the CPS report will have a summary list at some place in the report that tells the judge - in writing - why the CPS worker believes it necessary to take the action against you. This list is the list of accusations against you. Find it!
One of the first things we ask women when they come to us with a CPS problem is, "What are the CPS accusations against you?" So many women say they don't know, or they repeat something the social worker has said. But it does not matter what the social worker says. What the social worker says to you is not official, and it can change from one day to the next. What counts, what matters, what you need to know, is what the social worker (and evaluators, mediators, etc.) put into writing in their reports.
So always read what's in the reports if you want to know the real deal of what your up against. Knowing exactly what you're being officially accused of is the absolute essential first step to preparing a good defense.
*** Another thing to look for (and circle and underline) as you read the CPS report or court documents are any untrue written statements that are made, particularly untrue statements that reflect badly on you. It will be very helpful to you if you make a list on a separate sheet of paper of all the untrue or misconstrued evidence and statements that are being made against you. That list can guide your thinking as you develop a corresponding list of points and evidence to defend yourself.
NOTE 1: You have a right to see and get copies of ANY and ALL reports pertaining to your child's case. This includes all court documents. If you are not automatically given copies of these documents as they're generated, ask your social worker to get you a copy within 24 hours. If this doesn't get a copy in your hands, immediately write a one page letter to the head of social services and to the judge on your case. Your up-to-date knowledge of what's in these reports is just too vital to your future to allow them any leeway in providing you with your reports.
NOTE 2: Don't wait until the day before the next hearing or meeting before you start reading the documents. Read everything as soon after you get it as possible.
NOTE 3: There's no doubt that reading these documents can be very depressing and dehumanizing because of the strange and often distorted way that CPS workers write about your family. Unfortunately, the unpleasantness of reading these documents is one reason many women put off reading them until it's too late to effectively respond. But you just can't afford to let these documents go unread. So try asking a friend or supportive family member to sit down at your side and read the documents with you. Not only can a friend help you get through these documents emotionally, a good friend will often notice important points in the documents that you can easily miss because you're so emotionally upset.
* If you don't speak and read English well, insist on getting materials in your own language. Insist on it, as many times as is necessary. It's extremely important. And if your CPS worker or any one else in the system is speaking your language poorly, ask for a translator. And ask again. If the worker doesn't get you an interpreter after you've requested one, don't pretend you understand what's being said. Just the opposite, you need to keep indicating you don't understand what's being said. It's just so critical to you that you understand everything that's being said and written about your child's case.
If your worker fails to provide you with proper language interpretation and written translations, try to find someone who can write out your requests and complaints. Your letter to the judge or to the head of CPS can be as simple as what follows.
Dated
To the Juvenile Court Judge,

CPS is looking into an allegation of abuse regarding my child. The social worker, Ms. Seri, has given me a report and other documents pertaining to the case. All these documents are in English.
I want very much to read these documents and inform myself so I can best respond in a helpful way. The problem is I don't speak or read English well.
Three weeks ago, I asked the CPS worker to provide me with translated copies of the report. I also asked her to use a competent interpreter when discussing my child's case with me. But to date she has not done so.
I am requesting that you postpone all proceedings on this case until I am provided with proper language translations and an interpreter.
Thank you,
signed

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