PARENTS SHOULD NOT BE DENIED THEIR PARENTAL RIGHTS

I've been researching the issue of at what point does the parent get to respond and defend themselves against the allegations within the CPS Workers report to the court? When I was going through my own CPS case, I asked the CPS workers, my public defender, court clerks, other judicial departments, etc... how do I dispute the false allegations in the petition and the CPS Workers report to the court? Not once, not one time was I ever told that I could file a Responsive Declaration.

We all have the right to defend ourselves in a court of law and CPS is denying parents of this right. CPS is required by law to follow the legal policies and procedures that do not infringe on the rights of others and that gives parents a legal recourse of action in order to defend themselves in a court of law. This information should have have been known and is known by CPS, the CPS Attorney's, the Public Defender's, and multiple departments of the judicial system. CPS's current practiced policies is discrimination and premeditated conspiracy to commit a crime.

The judge can only rule on what is in front of them that has been filed with the courts. If the parent does not file a response to the petition, the only thing a judge has to make their ruling is the petition and CPS Caseworkers report to the court. If there isn't a response to the petition filed, then the judge has to rule with CPS's recommendations because there is nothing stating why the children should be returned home, etc...

It's part of the policy to include a response form for the other party to respond to any petition filed with the courts in order for them to be able to defend themselves against false accusations and tell their side of the story. This is the policy for restraining orders, divorce papers, guardianship petitions, criminal charges, etc...

A PETITION THAT CPS FILES WITH THE COURTS IS NOT EXEMPT FROM HAVING TO FOLLOW THE PROPER POLICIES AND PROCEDURES!

By not including the proper forms with the petition served to the parents so the parents can file a response to the petition with the courts, CPS is denying parents due process, their parental rights, parents and their children of their constitutional rights, children of having the right to familial relations, and parents the information as to how to properly defend themselves in a court of law.

What is even more heart wrenching is the fact that many parents end up having their parental rights terminated because CPS has 18 months to screw with the parents. How many parents get their children back before the 18 month deadline to complete their case plan? CPS accomplishes their task of terminating a parents rights by putting on the pressure and making parents jump through unnecessary hoops all the while knowing the psychological consequences of how a parent may react to such pressure. These parents would still have their children if CPS hadn't stepped into their lives involving themselves and causing them extra add stress and pressure that normally wouldn't be there in the 1st place.

Foster parents receive a booklet that explains to them:

If they have a child in their care that was physically abused, this is the list of possible behaviors to look out for and here is a list of different ways one might try to respond to each behavior on that list.

If they have a child in their care that was sexually abused, this is the list of possible behaviors to look out for and here is a list of different ways one might try to respond to each behavior on that list.

If they have a child in their care that was abandoned and neglected, this is the list of possible behaviors to look out for and here is a list of different ways one might try to respond to each behavior on that list.

One could conclude that if CPS knows and understands the psychological behaviors of how people may or may not respond to different situations, then CPS knows exactly what they are doing and/or causing to happen when they are overloading someone's plate with unnecessary tasks. They are also painfully aware of the devastating effects of separating a family and yet do it anyway.  

If this is true, then CPS is guilty of denying parents due process, denying parents of their parental rights, denying parents and their children of their constitutional rights, denying children of having the right to familial relations, withholding the information as to how to properly defend themselves in a court of law, discrimination, and premeditated conspiracy to commit a crime.

There are four types of hearings that take place in Juvenile Dependency Court. These hearings sometimes take place on the same day, during the same court session, depending on what is happening with your case. They are Detention Hearings, Jurisdictional Hearings, Dispositional Hearings and Dependency Review Hearings.

Jurisdictional Hearings: At the Jurisdictional Hearing you admit or deny the statements in the petition. I was never asked at any time during this judicial process whether or not I admit or deny the statements in the petition. Instead I was illegally railroaded into the CPS system and forced to comply and participate in completion of a family case plan within an 18 month time frame. The Jurisdictional Hearings information is mentioned in the section Going To Court at the following link: http://www.sfhsa.org/asset/ReportsDataResources/FCSHandbookforParents.pdf

For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. If the plaintiff fails to make a prima facie case, the respondent may move for dismissal or a favorable directed verdict without presenting any evidence to rebut whatever evidence the plaintiff has presented. This is because the burden of persuading a judge or jury always rests with the plaintiff.

If parental rights are so fundamental, then why is the requirement of evidence Prima Facie evidence and not physical evidence? For something to be so fundamentally important as a parent's parental rights, I would think that the requirement of evidence should demand a higher burden of proof like physical evidence so that the fundamental parental rights are not infringed upon. If the right is fundamental, then shouldn't the burden of proof be fundamental as well? We are talking about the bond between the parent and the child, you can't get any more fundamental than that!

The 6th Amendment: The right to a fair trial

The right to a fair trial is a fundamental safeguard to ensure that individuals are protected from unlawful or arbitrary deprivation of their human rights and freedoms, most importantly of the right to liberty and security of person.

The right to a fair trial applies not only to procedures for the determination of criminal charges against individuals but also to procedures to determine their rights and obligations in a suit at law. This means that the right to a fair trial should be observed through every phase of the criminal justice process from the moment when the investigation is launched to the actual trial to any appeal.

The right to a presumption of innocence is a central component of the right to a fair trial, which means that the burden of proof lies on the prosecution and that the accused has the benefit of the doubt.

The right to a fair trial should be observed throughout every phase of the judicial process. CPS is willfully withholding the information parents need to know as to how to properly exercise their right to a fair trial and to properly defend themselves against the false allegations within the petition.

Isn't the fact that CPS is ignoring the most fundamental part of the policies and procedures of filing a petition with the court by not including the required documents to be served with the petition to the parents enough to hold them accountable?