This word "Preponderance", a legal precept, is your enemy.

Preponderance of the evidence means that in the good judgment of the judge, the evidence presented indicates that a child has been (or MAY potentially be) harmed. Unfortunately, It is the CPS worker who writes up a list of pieces of "evidence" that is called a petition. Often this "evidence" is presented ex parte meaning the alleged perpetrator (you) is not present to defend him or herself.

A lot of this so called "evidence" is the CPS worker stating that they have seen or heard or whatever the CPS worker FEELS like saying.

It is very important that you get this petition. Go to the courthouse and ask the Court Clerk for a copy ~please~. It is public record. While you're there, ask when your hearing is actually scheduled.  Don't count on ANYBODY to give you accurate info on that but the Court Clerk.  CPS would certainly prefer that you "fail to appear".  Your CPS worker may LIE to you about it, and YES THEY WILL HAVE "COURT" WITHOUT YOU.

Read it (the petition) and respond to it in writing (Your Sworn Declaration) immediately and I cannot stress this word "immediately" enough.  Time is the critical factor here.

A person does not need an attorney to do this.

If you feel you are not a good writer, then finding an English major will do more good than an attorney.

If you have a witness* or other documents** to show that the petition is wrong, you should get this and show up in court with this stuff or the witness. (AT LEAST an hour early so you can FILE YOUR DECLARATION with Certificate of Service WITH THE COURT CLERK.

* Many times, a judge will REFUSE to hear your witness, thereby preventing that testimony from being put ON THE RECORD.  It is a far better idea for your witness to make his own statement in writing, put it in a Sworn Affidavit, (Same format as a Declaration) which he signs in front of a Notary, and FILE IT ON THE RECORD TOO.

**attach to your Declaration as Exhibits.

Definitely show up for court early and then watch and learn how the "court" operates before your case is called.  It's a sickening thing to see.  This is a "justice system"?  It's like Traffic Court.)

The parent usually is so busy running around looking for help to get the child back that the allegations stand only because no one challenged them.

Also the parent may miss this hearing or don't know about it.

It is the FIRST hearing that is most crucial.
It is variously called in various states-
the dependency, disposition, custody, or shelter hearing.
The nightmare starts or ends right here.

See the whole "23-year CW veteran" essay here

If your kids have just been picked up, getting your Declaration done and filed is the only thing you have to learn or do right now.

Get busy on your Declaration NOW.
You have only 48 or 72 hours or 2 or 3 days, or the weekend if it's Friday-
before the dependency, disposition, custody, or shelter hearing.

101
For the newest CPS victim parents
A work in progress

“Courage is doing what you're afraid to do. There can be no courage unless you're scared.” --Edward Vernon Rickenbacker (American Pilot, Businessman and Aviator. 1890-1973)

Then you can come back to How to Fight CPS and learn more later.