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J*******p
发帖数: 1129 | 1 【 以下文字转载自 Family 讨论区 】
发信人: fralotus (shining), 信区: Family
标 题: 10件当社工出现在你家你必须做的事情 (请版主 mark)
发信站: BBS 未名空间站 (Mon Apr 25 22:40:46 2011, 美东)
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。
--- 这一段比较长，比较重要，请大家仔细阅读一下。
There is no compromise on this. There is no exception. If you invite a
caseworker into your home, you have waived your fourth amendment protection.
And if the caseworker is intent on taking your children, SHE WILL FIND
SOMETHING IN YOUR HOME TO JUSTIFY IT. THAT IS A GUARANTEE.
Understand that you may be threatened. You may be lied to. She may tell you
that the 4 th amendment doesn' t apply to caseworkers. That is a lie. She
may tell you that she doesn' t need a warrant. That is a lie. She may tell
you that she'll return with armed police officers. And she will. But that
changes nothing. Even a man with a gun on your porch doesn't change the fact
that she still has no right to enter your home.
Listen to the words of an ex-CPS investigator:
"I wish I could shout from the highest mountain to parents to vigilantly
learn their rights! If they knew what their legal rights were there would be
significantly lower numbers of child removals. Social workers, unlike
policemen making an arrest, are not required to inform the parents of their
legal rights. All we had to do to remove a child was to show up at the home
and tell the parents we came to remove the kids. Often times we would take a
police officer with us (never telling the parents he was there for MY
protection, not to enforce an order or warrant). 99% of the time we never
had to get a warrant or court order to remove kids because the parents would
be so intimidated by the officer that they would just hand their kids over
and show up for court the next day. But if they had legally known their
parental rights, they could simply have told me that I could not take the
children unless I had a court order signed by the judge or had a warrant to
remove the kids. ... the majority of times parents were just intimidated and
gave consent for the whole process to begin; completely unknowing of what
rights they just waived."
If officers do force their way in, do not physically resist. Make your
objections clear, but stand aside. There's no point in getting arrested, or
risking injury or death. Your children need you. Demand that you not be
separated from your children, and that your children be interrogated only
with your attorney present. (This demand will likely be ignored, but demand
it anyway. The fact that you did may become important in later court
proceedings.)
7) Demand that CPS tape any interrogation of your child. They are required
by Texas law to do so. Bring your own recorder in case the CPS agent "loses"
her tape.
要求CPS对所有和你孩子相关的询问进行录像。（请查看各州法律关于录像的规定）。
带上自己的录像机以作备份。
8) If the accusation is one of physical abuse, have your doctor give your
child a thorough physical exam. Ask him to write a letter stating that no
bruises, marks, or health concerns were found on the child that would create
suspicion of child abuse or neglect. Go to a doctor you trust. Never never
never go to a doctor recommended by CPS.
如果指控是关于身体伤害，让你的医生给孩子做一次全面检查，出示并没有这样那样的
伤害发生。找到自己信任的医生，绝对不要去CPS推荐的医生，
9) Gather names of friends and relatives who are willing and able to care
for your children if CPS takes them. If your children must spend time away
from you, it’s far better that they do so with people you know and trust
than in an abusive foster facility.
如果CPS一定要带走你的孩子，搜集愿意帮你照看孩子的朋友和亲戚。这远远好过会比
foster facility。
10) Never admit guilt, even if CPS has taken your children and offers to
give them back if you do. It would be immoral to do so if you truly haven't
done anything, and it may be a quick way to jail and to lose your kids
forever. CPS agents are not above lying to you to prove your guilt.
永远不要认罪，哪怕CPS试图劝说你会把孩子送回给你。如果你这么做了，你可能会永
远失去的孩子。为让你认罪， CPS是不择手段的。 | J*******p
发帖数: 1129 | 2 为人父母者应知的自己的合法权利。在家版看到的，好像没在父母版见过。
Hope that nobody on this forum would ever have to face CPS at your front
door and need to use information from this post. Nevertheless, it's very
good information to know. Just in case. |
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