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DCF Free Handbook for Parents Rights

DCF Free Handbook for Parents Rights

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Published by JOEMAFLAGE

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Published by: JOEMAFLAGE on Apr 06, 2009
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03/24/2013

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PARENTAL RIGHTSAND THEJUVENILE INJUSTICE SYSTEM
 A guide to protect the constitutional rights of both parents and children as ruled by the Federal Circuit Courts and Supreme Court.
 Know your rights before you talk to anyone from CPS/DCF or let them in your house, they won’t tell  you your rights. CPS/DCF can’t do anything without your consent, demand a warrant and speak withan attorney first before speaking with anyone from CPS/DCF, it could cost you your children.
Written by:Thomas M. Dutkiewicz, PresidentSpecial Family AdvocateConnecticut DCF WatchP.O. Box 9775Forestville, CT 06011-9775860-833-4127Admin@connecticutDCFwatch.comwww.connecticutdcfwatch.com
 
The United States Court of Appeals for the Ninth Circuit said it best, “The government’s interest in thewelfare of children embraces not only protecting children from physical abuse, but also protectingchildren’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their  parents.”
Calabretta v. Floyd, 189 F.3d 808 (9
th
Cir. 1999
 
).Permanent termination of parental rights has been described as “the family law equivalent of the death penalty in a criminal case.” Therefore, parents “must be afforded every procedural and substantive protection the law allows.”
Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45, 54
.Severance of the parent-child relationship is “tantamount to imposition of a civil death penalty”
 Drury v. Lang, 105 Nev. 430, 433, 776 P.2d 843, 845 (1989)
“There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System.”Judge Brian LindsayRetired Supreme Court Judge New York, New York “There is something bad happening to our children in family courts today that is causing them more harmthan drugs, more harm than crime and even more harm than child molestation.”Judge Watson L. WhiteSuperior Court JudgeCobb County, Georgia
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WE AT CONNECTICUT DCF WATCH ARE NOT ATTORNEYS AND ARE UNABLE TO OFFERANY LEGAL ADVICE. ANY INFORMATION CONTAINED IN THIS DOCUMENT IS FOREDUCATIONAL PURPOSES ONLY. IF YOU CHOOSE TO USE ANY OF THISINFORMATION, YOU DO SO BY YOUR OWN CHOICE, CONVICTION AND RISK. WE ONLYOFFER UP AN OPINION FROM OUR POINT OF VIEW. WE ARE NOT RESPONSIBLE FORANY DECISIONS YOU CHOOSE TO MAKE OR FAIL TO MAKE. BEFORE MAKING ANYDECISIONS, SEEK LEGAL ADVICE FROM AN ATTORNEY IN THE AREA OF LAW YOUWISH TO PURSUE.
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HOW THE SYSTEM WORKS
By: William O. Tower, PresidentAmerican Family Rights AssociationFirst thing to remember is through out this entire process you only have (3) chances to have aTRIAL, AND ONLY THREE. Another thing to remember is that if the child is 3 or under they can movefor TPR in 6 months.
Detention Hearing - (72-hours after the taking of children).
Jurisdiction Hearing - (30-Days after the taking of children).
Termination of Parental Rights Hearing - (15-Months after the taking of children or if the child is3 or under 6-months to TPR.
1.
The first one is after they take children you have the detention hearing that is usually within 72 judicial hours. That is why children are normally taken on a Thursday or Friday giving ChildProtection (“CPS”) (“the Department”) until Tuesday to hold the first hearing. This gives CPS moretime to put their case together and more time to work on the children. Don’t waste time, you need toget a good attorney or someone that will help explain how this all works. If you go with the courtappointed attorney, tell him or her if you are innocent and demand a trial at this first hearing. Usuallythe court appointed attorney will meet with you 5-10 minutes before court and tell you “just agreewith this one and we will catch up with it at the next hearing in 30-days and that will give us time to prepare a defense”, DO NOT BELIEVE THIS, demand a trial at this hearing. You are entitled to havea trial at this time. They will tell you that “if you fight this hearing, that all the Department has put on paper to the court will become legal fact”, don’t fall for this one; it is all ready fact as far as the courtis concerned. So fight it with all you have. [note] This is where you have the best chance of beatingthem as they are not ready for a trial and they don’t have a case yet (not enough time to put ittogether). Best time to push and win the children back. This is the only time you will get to disputewhat they have done on paper for this hearing. If you don’t fight, it will become resjudicarta (allready dealt with and you can’t bring it up again). It has been made legal fact, “Done Deal” sodemand a trial. If you agree to this hearing they will beat you to death with it and say that youadmitted guilt and now need to get with the case plan.
a.
Do not agree to a deal or services unless you are guilty of what they are saying. Agreeing toservices is basically pleading guilty and that in fact you did neglect and/or abused your child.
 b.
Do not let your attorney stipulate to the court on your behalf. MAKE YOUR ATTORNEYEXPLAIN WHAT THIS MEANS.
NEVER STIPULATE TO ANYTHING
c.
Do not state to the court that you understand what is happening; make the court spell it out.You will not look stupid for doing this as most attorneys don’t understand it all no matter what they say.
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