OBJECTION TO DETENTION/REMOVAL

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Initial 1 Hour Consultation is INCLUDED when you purchase this document.

Most likely social services or the police removed your child(ren) illegally, without a warrant and without reasonable cause. Often they claim that the child was in "imminent danger" or "at risk" of danger. This is a very broad excuse and can encompass unlimited possibilities for exaggerated or fabricated stories. For example, the parents of 2 children are arrested in their home leaving a 14 year old and a 3 year old alone. Rather than call a relative, the police take the children to the station and call CPS and then CPS removes the children and opens a case claiming that the parents "abandoned" the children even though bail was posted for both parents before CPS even arrived at the station!

Often Child Protective Services shows up at your home or at the child's school based on a phone call. When they come to your house (days or weeks later), they knock at the door. However, if the cops have it out for your for any reason whatsoever, they may enter as if you were operating a drug house and had weapons of mass destruction. That is rare but it happens. If they are knocking, they have no reasonable cause. Even when they bring the police it is merely an intimidation tactic. However, I understand that many counties are getting some kind of warrant but I believe that they are merely a welfare check order. However, most people do not realize that the Juvenile Dependency Courts are administrative courts. They do not operate like criminal court and the usual rights you believe you have in criminal court do not apply in juvenile court. The most important thing here is that unless there is a reasonable and identifiable threat to the children, social services do not have an open pass to remove your child. You can say no, in fact we encourage saying "NO!" or OBJECTING to this illegal search and seizure.  Social Services are REQUIRED TO PROVIDE REASONABLE EFFORTS TO KEEP THE CHILD AT HOME. They do this by offering "services" that would make the child "safe". Most victims of CPS abuse have been denied this option but the courts simply state that they made the reasonable efforts so they can qualify for the federal Title IV-E Social Security funding.


What we can do is file a document called "Objection to Detention" based on the fact that social services did NOT offer any services or make ANY REASONABLE EFFORTS to keep your family together, and it was purely a mission to remove your children. In order to draft this document for you, the first court hearing must not be completed. Meaning, the court has not ruled on the issue of detention. This hearing is supposed to be conducted within 72 hours of the removal of the child and most states do not state whether that is calendar days or court days. Time is of the essence. Once the court has ruled on the issue of detention, you can not object to the detention.

In order to file an Objection to the Detention, you must first go to the hearing but you MUST ASK FOR A CONTINUANCE based on the fact that YOU DID NOT RECEIVE THE DETENTION REPORT OR PETITION IN TIME TO DRAFT A RESPONSE. YOU MUST ASK FOR 72 HOURS AND A WAIVER OF TIME FOR SERVICE. SPECIFICALLY, YOU MUST ASK TO BE ALLOWED TO SERVE THE PARTIES THE RESPONSE THE MORNING OF THE SCHEDULED HEARING. DO NOT ACCEPT APPOINTED COUNSEL!! REPRESENT YOURSELF.

Then, immediately following the court hearing, you must scan the Petition and Detention Report to a .zip or other compressed format, and email it to us at donnellyjustice@hotmail.com.The price of this document INCLUDES an initial consultation. We do this because time is of the essence.


If for some reason the court decides to deny your continuance, be sure to OBJECT to the unreasonableness of such denial. You should be allowed the time to properly draft a formal response. Remember, these people have violated your INALIENABLE RIGHT TO THE CUSTODY OF YOUR OWN CHILDREN! Be respectful yet do not roll over, they are using your emotional attachment to your children against you, like a carrot on a string.

If after submitting this objection filing, the court rejects if for some reason, you must speak in court exactly the objections that are raised in the document and even though the CPS hired "judge" most likely will overrule the objections, the whole point to objections on the record is to ensure your case has "appealable issues". When you "lose" in court, when they state that social services can keep your child and provide you reunification services, you can and should immediately file for appeal. When the appellate attorney receives your court record and finds the raised objections, then he has something to work with. If NO OBJECTIONS were made at this hearing or for any other hearing for that matter, what is said (the lies, false statements, fabricated statements, and fabricated evidence) on the documents and reports of the social worker will become the record and be forever used against you as fact.

MANY PEOPLE HAVE HAD THEIR CHILDREN RETURNED AFTER A SUCCESSFUL APPEAL.


You can object to ANYTHING that CPS has provided to the court and submitted onto the court record in the form of verbal testimony and/or reports.

Here is a link to a sample Objections filing which we will customize for your case: Objections Sample

Disclaimer
: We are not attorneys. We cannot guarantee that the Juvenile Dependency court will accept this document. We do not guarantee any outcome with the filing of this document. We cannot give "legal advice". We offer suggestions based on research and experience. We recommend that you have this document reviewed by a competent and licensed attorney familiar with Juvenile Dependency laws prior to filing with the court. 
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