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If you are involved in a CPS case and have had your children taken away, we suggest that you educate yourself on some of the basics. Whether you have an attorney or not, it is important that you know the process, are aware of counter-moves, and have information to be armed. 

We will add to this list over time and if you have anything to share that may help others, feel free to contact us. These are resources and suggested reading material that we've found helpful and hope they help you out as well.

I. What to read specifically in your case and to fight CPS in court.

When CPS comes in and takes your child/ren, they have things set up in a very deceptive and sabotaging way. Some of the most important court hearings and administrative actions are done very early in the case. 

1. Read the Original Petition to the Court that was filed by CPS. Read it thoroughly. They will likely be going for terminating your rights in this original petition. It does not matter what the circumstances are and it is important that you pay attention to what they allege you have done wrong.

2. Read the Family Service Plan and do not sign this contract if it contains anything false about the reason they got involved or their purported needs that you have. File a Motion To Modify the services plan at the least. Demand that they provide evidence of purported needs and evidence of reason for involvement. CPS is supposed to inform you of your right to modify this plan. They are also supposed to provide evidence of purported needs to the court.

3. Because they are required to do certain things, it is important that you Read The CPS Policy. It is lengthy but if you set aside time each day to read through sections, you will eventually get through the policy. Take notes, write down which policies they have violated. Save this for the complaints to follow.

4. Read the Investigation Findings Report and if their allegations are false, immediately request an appeal to the findings. I cannot stress enough how important this is. Your basis for appeal can be that they have no evidence if what they allege is false. It is important that you read their policy to understand how this appeal works. Read our article about The Importance of Appealing Investigative Findings. 

5. Read the Family Codes, Statues, Laws for your state. Educate yourself on the various hearings and what they entail. 

6. Read about the appeals for each hearing. In Texas, you have a right to request a De Novo hearing after any of the hearings within the 12 month period. It is important that you appeal at every level. 

7. Read every filing from CPS, CASA, Attorney Ad Litem, etc. Read thoroughly. Make note of slander, false statements, etc. File objections and rebuttals with attached opposing evidence to each document they file. 

8. Read the Civil Rules of Procedure, Rules of Evidence, and Appellate Procedure for your state. The civil rules of procedure is probably one of the most important things you can study. You will learn what all you can do, what to expect, various types of remedy, and filings and pleadings. 

9. Read your case file. If you don't have it, request it. Learn how to do that by reading Discovery and Information Requests. If you have an attorney who is trying to prevent you from doing these things that are in your best interest, I suggest you fire him or her. You will find conflicting statements in the CPS case file. This is gold for you to read and take notes on. CPS workers lie so much and in so many cases that they do not keep track of their lies, so study your case file and find errors, omissions, and conflicting statements. It is especially important that you compare the Affidavit the caseworker presented to the court with the Investigation Report in the CPS files.

II. Outside Reading Material That Is Useful

Attorneys and BAR

Attorneys are not your friend. You may find an attorney that will fight for you if the money is right or if you have connections. Court appointed attorneys in CPS cases are there to silence you and to waive your rights, not defend them.

Hiring An Attorney Waives Rights

Lawyers Secret Oath

The Legal Craft

The Bar Card

Attorneys Cannot Testify

Using The Attorney As a Private Lawyer Under Private International Law

Case Law

Points on Law

Right to Parent and Due Process Caselaws

1983 Caselaw

HARDWICK V. VREEKEN - OPINION

Texas Challenge to Constitutionality of a State Statute - Form

Challenge To Constitutionality - Comprehensive Guide

CONSTITUTIONAL DEFENSES IN DSS CASES

Possession as the Origin of Property

Judicially Initiated Prosecution:  A Means of Preventing Continuing Victimization in the Event of Prosecutorial Inaction

JUDGMENTS: FRAUD AS A BASIS FOR RELIEF FROM FINAL STATE COURT JUDGMENTS 

Equitable Remedies and Principled Discretion_ The Michigan Experience

Damages: A Remedy for the Violation of Constitutional Rights

Collateral Attack upon Judgments on the Ground of Fraud

Texas DFPS Termination Case Law Update 2017

Jurisdiction in CPS Cases - Case Law

DFPS Texas Caselaw 2015

Common Law, Organic Law, and Useful Information

Organic Law

Justifiable Homicide in Texas

Handbook on the Common Law Grand Jury

Contract Law

Much of what happens with CPS cases depends on your consent, whether implied or informed. If you learn a bit about contract law, it will help you with those agreements you make with CPS.

Law of Contracts

No Contract No Case

On Contracts...

170 Years of Texas Contract Law

Court Preparation

Preparing For Evidentiary Hearings

Countering Threats of Contempt

Working With The Courts In Child Protection - Attorney File

How government justifies treating you as a subject and extorting you and what you can do about it

Lawfully Yours - 9th Edition - Contains Excellent Information

A Lesson in Judicial Ju-jit-tzuA Lesson in Judicial Ju-jit-tzu Compliments of Lex Luxor [Alan Dean]

Common Law and Court Procedure Book

12 Presumptions of Court

Court Challenges

Challenging Jurisdiction

Oath of Office - nice email exchange

The Legal Status of Federal Government Corporations

Fruits From a Poisonous Tree

Clearfield Doctrine

Bond v. United States

Court Tactics - Objections

Essential Objection Checklist

Objections - Trial Techniques

Trial Objections From Beginning To End

Objections To Evidence and Testimony

Family Law and CPS 

Forms Index by Title for Texas Family Law Practice Manual 

THE RIGHT AGAINST SELF- INCRIMINATION IN CPS CASES

Taking a Stand on Fifth Amendment Implications For Court-Ordered Therapy Programs

Child Protective Services Parents Resource Guide

Broken Chair Petition

Certified Copy of Birth vs. State Birth Certificates

Texas CPS System and Flow Chart

Federal Jurisdiction

Fundamentals of Rule 12

State Intervention in the Family:State Intervention in the Family: Making a Federal Case Out of It

Civil Due Process, Criminal Due Process

Federal Court Jurisdiction Family Law Cases

Federal Rules of Civil Procedure

Federal Laws and Regulations

CPS agencies are funded with federal grants and therefore, the state laws and CPS policies are developed to adhere to federal regulations. Educating yourself on these federal regulations can help you connect the dots. Despite the presumption that CPS agencies are state agencies, they are nothing more than DC corporations.

Administrative Procedures Act

Child Welfare Agencies are state agencies that have to adhere to the Administrative Procedures Act. After you read this, you will realize that there is something called the Administrative Office of State Hearings. The name varies depending on the state you're in but I highly recommend you look into this, as it appears to be the valid forum for taking CPS agencies to court over policy violations. Based on my experience and research they try very hard to conceal this but it is there and I have seen many cases against CPS in Texas on the docket. This is not the court you go to for the CPS case itself. You must file into the court if CPS doesn't grant your request for a hearing in that forum. 

Social Security Act Title IV

The policies that govern CPS come from Title IV of the Social Security Act. You can learn a lot by reading this.

FOIA and Public Information Laws

Texas Public Information Laws Made Easy

Habeas Corpus and Extraordinary Writs

Family Law Habeas Corpus

THE WRITS OF ERROR CORAM NOBIS AND CORAM VOBIS

Habeas Corpus Protection of Parental Liberty

PETITION FOR WRIT OF HABEAS CORPUS AND EMERGENCY RETURN OF CHILD PACKET

Extraordinary Writs

Artice 78 Writs

Judges, Void Judgments, Void Orders

Judicial Bias

Disqualification of Judges and Lawyers - Bad Behavior

Judicial Disqualification and Ethics

THE VOID ORDER AND THE DUTY TO OBEY

Void Judgements - Caselaw

Texas Center For Legal Ethics - Code of Judicial Conduct

Void Judgments by Topic

Legal Maxims, Principles, and Doctrines

Maxims of Law

The Law - Legal Maxims

Maxims of Equity

Sample Revocation of Power of Attorney

Pleadings Issues: Ethics, Fraud, Sham Pleadings, and Scandalous Pleadings

Improper Joinder: Confronting Plaintiffs' Attemptsto Destroy Federal Subject Matter Jurisdiction

De-Frauding the System: Sham Plaintiffs and Fraudulent Joinder Doctrine 

Ethical Issues With Pleadings

ATTACKING AFFIDAVITS: Maintaining the Integrity of the Process

Remedy

Remedy is what you are seeking in any case where you have been wronged. There is always remedy. The key is finding it.

Provisional Remedies 

The Nature of a Remedy

Replevin - How To Get Stuff Back

Torts and Lawsuits

Torts Chart

SOVEREIGN IMMUNITY,SOVEREIGN IMMUNITY,THE TEXAS TORT CLAIMS ACT, And Other Unanswerable Question

Instructions for Civil Rights Claims Under Section 1983

INFORMATION FOR FILING A CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C.SECTIONS 1983 AND 1985

STATE SOVEREIGN IMMUNITY AND TORT LIABILITY CHART

Claim For Damage, Injury, or Death - STANDARD FORM 95

Guide To Laws For County Officials in Texas - 2018

Texas Court Structure Chart

The UCC

Memorandum of Law on the Name

Mastering the UCC with Forms

The UCC Connection