与CPS抗争的110点建议 (长， from lawyer)# NextGeneration - 我爱宝宝
f*s
1 楼
By Chris Branson, Attorney at law.
英文挺长，我把每段做一个小总结
1) Take the accusation seriously. I don' t care how absurd or unbelievable
the caseworker sounds. Understand that SHE is serious, and likely presumes -
no, likely KNOWS that you are guilty as accused. Even if she doesn' t flat
out say that she' s there to take the children, she is quite possibly intent
on doing just that.
In testimony to Congress, Chris Klicka, senior counsel for the Home School
Legal Defense Association, stated that a case worker with 30 years'
experience once confided in him that "When I started working, we tried to
prove the family was innocent. Now we assume they are guilty until they
prove they are not."
社工出现在你家的时候是假定你有罪的，因此对社工的任何指控都要认真对待。
2) Ask what the charges are. Most of the time, the caseworker wants to keep
you in the dark as to what you have been accused of, but she is now required
by federal and state law to tell you the nature of the accusation at her
first contact with you.
And don't settle for the answer of "abuse" or "neglect." Those are
categories, not accusations. You are entitled to know what specific actions
you are accused of committing.
询问清楚你被指控的具体是什么. 法律规定社工必须告知父母他们的指控，
3) Shut up. Shut up now. It is imperative that you not talk to anyone but
your attorney. It is natural that innocent parents who have nothing to hide
want to explain everything so that a reasonable person can see there's no
problem here. But CPS agents are not reasonable. You are presumed guilty.
That caseworker is there to find evidence to support what she already
believes to be true – that you abused your child.
不要因为自己无辜就试图对社工交代一切，你的话以后都可能被当作指控你的证词。社
工去你家就是为了找出指控你的证据。
If you say nothing to them, you have taken away their greatest weapon, which
is their ability to twist your words. Let me give you some examples of what
was done to parents who did talk to them:
The husband of a client of mine had been accused of sexually molesting their
autistic, non- verbal daughter. The CPS investigator asked the mother if
her daughter had exhibited any unusual behavior lately. The only thing she
could think of was that a couple of times the month before, the girl had
wanted her mother to come lay down with her for a few minutes. Usually, she
would just go in and go right to sleep. The investigator stated to the court
that the mother admitted her child had become afraid of her own bedroom.
One father I defended told the caseworker that he had disciplined his
daughter over a 20 minute period, where he would talk to her about what she
had done wrong, swat her a few times, and then talk some more. The
investigator stated to the court that the father admitted to beating his
child non-stop for 20 minutes.
4) You must find an attorney who has experience in fighting CPS, as soon as
you realize your family is being investigated. Notice I said experience in
fighting CPS. Many attorneys- if not most - believe their role is to find
out what CPS wants and make sure their clients do it. That way often leads
to disaster – and the loss of your children.
找一位懂得如何fight CPS的好律师，而不是那些试图说服你做CPS想做的事的律师。按
CPS的要求做经常给你带来灾难。
5) Be polite. Hostility toward the investigator is considered evidence of
guilt. Your perfectly natural angry reaction to being accused of harming
your child will be used as evidence of an abusive personality.
对 CPS的社工表现有礼貌。无理也会被当做对你的指控。
6) Under no circumstances should you let any government agent in your home
unless he or she has a warrant or order issued by a court. Ask to see the
warrant or order, because the CPS worker may lie and say she has one when
she doesn't. When she doesn't have one, politely but firmly tell her that
she will have to stay outside until she gets one. If she claims it's an
emergency, make her tell you what it is. Call her bluff - if it were a true
emergency, she would be there with armed police officers, forcing her way in
. Do not even open the door to let her look at the children.
如果社工没有法院传票或搜捕证，不要允许社工进你的家！（4th Amendment) 社工经
常撒谎和试图威胁你，礼貌但坚决地回绝他们试图进入你家的要求。如果被强行进入，
表明你的反对立场，但不要暴力抗拒。准备在法庭上起诉。
英文挺长，我把每段做一个小总结
1) Take the accusation seriously. I don' t care how absurd or unbelievable
the caseworker sounds. Understand that SHE is serious, and likely presumes -
no, likely KNOWS that you are guilty as accused. Even if she doesn' t flat
out say that she' s there to take the children, she is quite possibly intent
on doing just that.
In testimony to Congress, Chris Klicka, senior counsel for the Home School
Legal Defense Association, stated that a case worker with 30 years'
experience once confided in him that "When I started working, we tried to
prove the family was innocent. Now we assume they are guilty until they
prove they are not."
社工出现在你家的时候是假定你有罪的，因此对社工的任何指控都要认真对待。
2) Ask what the charges are. Most of the time, the caseworker wants to keep
you in the dark as to what you have been accused of, but she is now required
by federal and state law to tell you the nature of the accusation at her
first contact with you.
And don't settle for the answer of "abuse" or "neglect." Those are
categories, not accusations. You are entitled to know what specific actions
you are accused of committing.
询问清楚你被指控的具体是什么. 法律规定社工必须告知父母他们的指控，
3) Shut up. Shut up now. It is imperative that you not talk to anyone but
your attorney. It is natural that innocent parents who have nothing to hide
want to explain everything so that a reasonable person can see there's no
problem here. But CPS agents are not reasonable. You are presumed guilty.
That caseworker is there to find evidence to support what she already
believes to be true – that you abused your child.
不要因为自己无辜就试图对社工交代一切，你的话以后都可能被当作指控你的证词。社
工去你家就是为了找出指控你的证据。
If you say nothing to them, you have taken away their greatest weapon, which
is their ability to twist your words. Let me give you some examples of what
was done to parents who did talk to them:
The husband of a client of mine had been accused of sexually molesting their
autistic, non- verbal daughter. The CPS investigator asked the mother if
her daughter had exhibited any unusual behavior lately. The only thing she
could think of was that a couple of times the month before, the girl had
wanted her mother to come lay down with her for a few minutes. Usually, she
would just go in and go right to sleep. The investigator stated to the court
that the mother admitted her child had become afraid of her own bedroom.
One father I defended told the caseworker that he had disciplined his
daughter over a 20 minute period, where he would talk to her about what she
had done wrong, swat her a few times, and then talk some more. The
investigator stated to the court that the father admitted to beating his
child non-stop for 20 minutes.
4) You must find an attorney who has experience in fighting CPS, as soon as
you realize your family is being investigated. Notice I said experience in
fighting CPS. Many attorneys- if not most - believe their role is to find
out what CPS wants and make sure their clients do it. That way often leads
to disaster – and the loss of your children.
找一位懂得如何fight CPS的好律师，而不是那些试图说服你做CPS想做的事的律师。按
CPS的要求做经常给你带来灾难。
5) Be polite. Hostility toward the investigator is considered evidence of
guilt. Your perfectly natural angry reaction to being accused of harming
your child will be used as evidence of an abusive personality.
对 CPS的社工表现有礼貌。无理也会被当做对你的指控。
6) Under no circumstances should you let any government agent in your home
unless he or she has a warrant or order issued by a court. Ask to see the
warrant or order, because the CPS worker may lie and say she has one when
she doesn't. When she doesn't have one, politely but firmly tell her that
she will have to stay outside until she gets one. If she claims it's an
emergency, make her tell you what it is. Call her bluff - if it were a true
emergency, she would be there with armed police officers, forcing her way in
. Do not even open the door to let her look at the children.
如果社工没有法院传票或搜捕证，不要允许社工进你的家！（4th Amendment) 社工经
常撒谎和试图威胁你，礼貌但坚决地回绝他们试图进入你家的要求。如果被强行进入，
表明你的反对立场，但不要暴力抗拒。准备在法庭上起诉。
