Documentation

The most important thing to do regardless of which side of the fence one finds oneself on is document. What is the most important? Document! What? Document! Without documentation there is no protection. “But I don’t feel like it. Way too hard.” It is critical if you want to get your kids back or achieve relative placement. This chapter is dedicated to teaching you how to document affectively to obtain the best results. I have provided documentation sheets on the backside of this book to make note taking easy. Keep it by your phone, in your car, and/or bring it to all appointments.

Rule #1: Keep it simple

Most people in authority are busy people and want to get to the bottom line. The soap opera version doesn’t work and immediately frustrates the reader.

Rule #2: Stick to the facts.

Putting your own bias into the situation and dragging out the message may cloud the core issues. Write what you want to on one sheet of paper then figure out what you can take out and still get the message across then transpose onto your permanent documentation sheet. Often people use documentation as a way to release tension and a self therapy tool. This is not the place to do that.

Rule #3: Try to keep wild emotions out of it

The agencies that you may submit documents to expect some grief and loss behavior but it won’t get you what you want. Try as much as possible to let the facts speak for themselves.

Rule #4: Learn their terminology

Understand what motivates the minds of the CPS person through terminology used and overall mission. Use this terminology in your writings.

Rule #5: Always consider the legal problems

(Could you get into trouble with disclosures or blame? Are you being a mind reader or stretching the truth?)

Situation #1: Susan Johnson, CPS investigator came to the door and requested to come in and interview you and your children.

Documentation:

On September 4, 2007 at approximately 1:00 p.m., Susan Johnson, CPS investigator came to my door requesting to speak to my children and I. I asked her if she had a warrant and she stated no. I said that I would need legal counsel and have legal counsel present before speaking to her at any time but would be glad to set up an appointment with her after co-coordinating legal services and CPS action. Ms Johnson stated that the allegations required immediate attention and that removal is assured if I don’t let her in. I stated to her that I have legal rights and asked if she was going to interfere in my obtaining legal counsel to protect myself and my family. She said no, but that she would be obtaining a warrant within the next 24 hours. I stated that I would have an attorney contact her regarding the allegations and warrant. I showed her the children through the window so that she would know that no emergent situation existed. She gave me her card and left.

The wrong way:

OH MY GOD, this chick came to the door wanting to talk to me and my kids sometime on Saturday. She said that she was from CPS. I FREAKED out and didn’t know what to do. She looked mean. I slammed the door and screamed at the kids to clean up real quick then walked out the door closing it quickly behind me. I asked her what this was all about and she wanted to come in. I was soooooo scared I was shaking. I told her there is NO WAY I am letting someone from CPS come into my house. I demanded to know if she was taking my kids and why. She said she wasn’t taking my kids, just needed to talk to me and my kids about some allegations. I wanted to know who told her stuff and what they said and she told me that she couldn’t tell me who and would be glad to tell what the allegations were if I let her in. I said, “Oh hell no.” She said that she was going to get a warrant and I told her to do what she had to do cuz I didn’t do nothing wrong. She gave me her card and took off.

Situation #2: Susan Johnson comes to your door and takes your children with two officers

Ms Susan Johnson, CPS investigator came to my home on September 25, 2007 with two armed police officers to remove my children. They pounded loudly on the door demanding entry. I opened the door and one of the officers pushed his way in almost knocking me to the ground. Both officers had their hand on their guns. I was told I had five minutes to gather items for the officers to take. One of the officers grabbed hold of my son; my son broke free, tripped and hit his head on the edge of the coffee table. I suggested a band aid because his head was bleeding and I was told to get the items because they would attend to his wound. I gathered up as many items as I could and put them in bags for the CPS worker to take. She followed me around as I picked up items then handed me a sheet of paper with instructions on it about the 72 hour shelter care hearing. I briefly read over it and said I had questions about the terminology and my rights. She said to contact an attorney. I said that the law states that consideration must be given as to the age and educational level of the person receiving this paper. She said that I could contact the CPS office if I had any questions. My children were all crying and screaming, “Mommy, mommy” as the officers and CPS worker dragged them out to the car.

Even though the above scenario is very emotional and traumatic, I kept the emotions out of it and stuck to any facts that might be important. It is pretty critical to document as soon as possible so that the situation and conversations are still mentally fresh.

Extended family documentation

Scenario #1: Grandmother looking for relative placement and visitation

On September 26, 2007 9:00 a.m. I spoke with Susan Johnson, CPS investigator about the removal of my daughter’s three children. She stated that she couldn’t speak with me about the case due to confidentiality laws. I requested to see the children and she further stated I had no rights and there were no visitation laws. She asked me if I would be interested in relative placement and I said yes and asked what I needed to do. She said to come by the office and obtain a state background check along with the documents for an FBI fingerprint check. I asked about the shelter care hearing and if anyone could attend. She said yes. I thanked her and got off the phone. Note: Her voice tone was very rude and demeaning. I felt unsupported and concerned about the outcome.

Scenario #2: Grandmother checking on background checks

On October 20, 2007 at 3:00 p.m. I contacted CPS about my background checks. I spoke to Connie Chung, the receptionist. I was told that my state background check came back and was cleared but my FBI check needed to be redone. I asked why hadn’t I been contacted about the FBI check and I was told that the caseworker, Susan Johnson, was on leave. I then asked if the check could have been handled by a replacement worker and was told that the replacement worker had too much to do handling both case loads. I asked if the FBI check would cost an additional $13 but she stated she didn’t know. She then stated that the process could take up to three months. I said that I thought that was unreasonable and that this was not (take note) in the best interest of the children. I asked about the foster family and she said she could not disclose any information but that the foster family chooses not to have contact with the children’s family.

Another way to document is affectionately referred to as DAPPING. This is actually a counselor’s tool, but very effective.

DAP: data, assessment, plan

Data: He said, she said, I said. Just the statements of the conversation

Assessment: What your opinion of the conversation was. Include how a person sounded or looked and if there was an attitude or rudeness.

Plan: What the end result of the conversation was. What are they going to do, what do they want you to do, what you intend to do.

Separate each section, D for data at the beginning of the paragraph, A for assessment at the beginning of that section, and P for plan.

Example:

D: Jody Smith, caseworker, contacted me by phone this afternoon at 1 p.m. She stated that during a staff meeting it was decided to limit our visitation to one hour a week. Writer asked her what grounds this decision was based on. She said that the children needed an adjustment “detox” as it is called during the initial phases of placement. I stated that my children didn’t need to be detoxed from their family and it is not in their best interest to experience alienation of affection and love. Writer further stated that this decision is going to be appealed through administration. She stated that was my right but the current decision still stands. The call ended.

A: It appears that the department team’s decision is not based on reunification but family division. The caseworker took on an authoritarian stance. She is not attempting to include family in decision making.

P: File a motion with the court and an appeal for administration.

Avoid statements that sound unprofessional like, “he was being a jerk” or “I had to ask three times for a copy of the paperwork from that drooler.”

He was being a jerk = His attitude suggests hostility and superiority. He was unco-operative and resistant to reasonable discussion

I had to ask three times for a copy of the paperwork from that drooler = I attempted three times to obtain copies of the paperwork, twice on Monday and once on Wednesday. Each time there was an excuse regarding why the paperwork wasn’t done and by the same person. The clerk’s name was Cheryl Mangrove. She stated that the paperwork was misplaced, then she didn’t know why it wasn’t done and the case worker wasn’t there to ask. On the third attempt she seemed to wander around aimlessly shrugging her shoulders then stating she doesn’t know what is going on.

Speaking of copies, all required paperwork should be copied with the original in CPS office and one in your file. Then of files, get a file and put it in a safe place, making sure all correspondence ends up in there. Get important paperwork you submit notarized from the bank or other notary. If something needs to be sent in the mail, send it certified return receipt. If paperwork has to be turned in at the front desk, document who took the paperwork, the day and time. Let the receptionist see you documenting. A phone call to the case worker informing them of the dropped off paperwork is also a good idea. Make a notation of this also. All the paperwork you submit to CPS should also go in the file at the courthouse in the event that an appeal is brought. The higher courts will read what is in the case file.

If timing is important, DO NOT drop it off at the front desk, but rather turn it in to the responsible party or their supervisor. Do whatever is necessary to make sure that connection happens.

The more practice the more it will come easy to those not used to documentation. Don’t worry about it being perfect; just follow a few simple principals. These documents may become legal documents and important to your case. They need to be credible.

Things to think about when documenting: What is the environment like? Are there bumps/bruises? Are CPS or other parties menacing and threatening? Describe what that looks like. Are there laws against actions taken? If so, what are the laws? What rights have been violated? DO YOUR HOMEWORK. They know if you are faking it.

Another suggestion would be to obtain a voice activated recorder. They can be pricy but well worth it. Many times things are said then denied or twisted. Promises are made but never fulfilled and a recorded conversation can certainly entertain a “wake up call” discussion. Walmart has a great one for $31.95 by RCA as of this writing. It is the cheapest I found for a lot of features. Very sensitive also and can record from several feet away adequately. It is digital.

Laws in this state require permission to record from the person you are speaking to. If you choose to record, use the information for your benefit only. Later, when you are documenting you can use the recorder. Also, it helps to record in an area that could not be construed as “private.” For example, a viewing room at CPS, or a meeting with the “team.” You can tell them they are being recorded also. It will help keep them honest. If you tell them they are being recorded then the device can be used in a court hearing. The statement, “This is recorded with permission” needs to be on the front and back end of the discussion.

Ok. So, you are so broke you can’t consider hiring an attorney. Because they target low income person’s children, this is usually the case with everyone. One thing I would suggest, is finding a prepaid legal service of some kind. I use Prepaid Legal Services but there are others. For $17 a month or so, there is unlimited legal advice and document review. If the money is low, this may be important if trying to do some of the legwork yourself. They can help a great deal with all forms of court action and can help with taking documentation and putting it into meaningful form.

I will say it again one more time. What is most important? Document. It’s either document or possibly die from a broken heart watching the kids get adopted out.