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Case load suggestions
* Attorney
It is very important that you find a compassionate yet aggressive attorney as soon as possible. Many families cannot afford an attorney and sadly there is not much hope for a competent defense in the form of Legal Aid. They are not paid much and consequently usually put very little effort into these types of cases. Hopefully you will be able to find the financial means as a good attorney is your best hope to prevail and for you to get your child (children) back.
* Placement of your child with family
Now once you have been able to obtain yourself an attorney we suggest you speak to him or her about the possibilities of having other family members given temporary custody of your child during the pending investigation. It is very important that your child be placed with family who loves him or her and not into a foster home or group home. This will allow your child to continue somewhat of a normal routine and hopefully not suffer any long term stranger anxiety.
* Cooperate with the Social Services
Now as difficult as it may be to be cooperative with this type of agency after being wrongfully accused and your child has been removed from your care. It is to your benefit as well as your child's. However, if you can be polite to caseworkers and let them know that you understand they are only trying to help your child and family, then all the more better in the long run. Although you will know for certain they are not in this for anyone's best interest but their own. But being able to convey to the social workers your desire to cooperate is the best. If you show any animosity toward your caseworkers, it will only make them more aggressive in their actions against your family. It is important you do not get angry or frustrated with caseworkers or they may conclude that you have a problem with anger. So, please cooperate and participate in any classes or counciling they may require. This cooperation may greatly aid in reuniting your family.
* Police Interviews
Now you should be discussing with your attorney what you should do if called upon to talk to the police in an interview scenario. As we all know honesty is the best policy so if an accident has occurred where your child was injured by accident, it is best you share this with your attorney and see if he or she feels it would be wise to share this information with the police and the social services.
Your attorney may tell you it is sometimes better not to volunteer any information to the police or social services, for fear that your innocent statements will be greatly twisted around to make you sound like you are an abuser. It is important you get a copy of the actual police and Children's Aid Societies tape recorded transcripts as this will be the only proof of what was actually said during this interview. Other wise your statements will end up being rephrased to suit their purposes. Sadly, the police and the Children's Aid Societies are not held accountable for any mistruths they may tell to win this case.
Now if your child was hurt but you are not sure of how or when be careful not to make up any possible senarios.This can make you seem like you have no parenting knowledge although even the first time parent can and does make mistakes. The Children's Aid Societies are looking for reasons to criticize you so be very careful not to innocently tell them things that they will severely twist to justify their position.
Also please be very careful not to change your responses as to how your child may have been injured. Although you may honesty just remember what had happened to change your story now will only be recorded as a burden of proof you are the abuser.
Now we wish all of this wasn't so, BUT, this is the harsh reality.... they are not looking for the truth!!! They do not even care about the truth. In there eye's you are another case number which means they will get more government money and their goal is to prove that their jobs are needed regardless of the truth. This is very sad to say, but the Children's Aid Societies are a money making industry when the incentives are to produce more revenue based on the total number of accusations and adoptions filed.
Caution... CAS and the Police may be taping your telephone conversations without your knowledge!!!
Just so you know... It is legal in Canada for case workers and police to tape record your conversations between you and them. Most people don't realize or have prior knowledge to this. This also includes any and all person's or organizations who may be speaking on your behalf. We must caution you to please be very careful in what you have to say to them during your conversations as again they will use anything innocently stated against you. Of course they will add their own twist to your statements and conjure up evidence against you.
* Your Court Hearings
Now after all is said and done during their investigation you get to appear in court for a hearing. Now it is normal to experience some level of depression as your family has just been ripped apart from the seams and you are missing your child and concerned for his or her well being. BUT..... You have to go to this hearing and present yourself as your "normal self", as if this is just another day doing daily battle in life. Now we are saying here you need to be overly happy about the situation but you cannot show your depression or anger in anyway to the judge or social workers. This would be detrimental to you as they will then judge you as being hostile, unfit, and abusive. Some how you need to convey your deepest feelings for your child but that you are going to continue to fight for the truth. Be firm yet compassionate. If need be take along with you an outside source (3rd party), someone who can help keep you in line if the need arises.
* Case Documentation
This is a very key piece for you to make sure you have at all times. It is very important you have in order every piece of court documentation. Always get copies of court orders, court hearing transcripts, affidavits, CAS petitions, caseworkers notes, foster parents notes, police transcripts, and possibly hospital records.
There more than likely will be a fee for making these copies but you need them for your defense.
*Petitions of Abuse and Appeals
Now you should question your attorney about the process of appeals and petitions of abuse made against you. We cannot state this loud enough " DO NOT ACCEPT PLEA BARGAINS ". Rather get this to go into a trail in the family or criminal court. If you are innocent of all the allegations excepting a plea bargain just because you figure it is much closer for you to getting your child back...YOUR WRONG!. This could become a record against you for the rest of your life.
* Camcorder / Tape Recorders
May we suggest you carry with you to all hearings, CAS meeting's, and meeting's with Guardian Ad Litem you carry a camcorder or tape recorder. Now anything recorded cannot be used as evidence in court but it will refresh your memory of what exactly was said during these meeting's and quite possibly let you hear something you may have missed as these meeting's can be quite stressful for you. Also if any statements that may become twisted out of text from the CAS in a court situation, your attorney can request the judge to go into chambers to listen to the actual recording of the statements made that have become out of text.
Now we must warn you that these efforts will possibly irritate the CAS so you may need to decide whether or not this option is viable to your particular case.
* Advocacy Witness
Just so you know you have the legal right to choose never to attend any meeting's alone. Be it with the CAS or Guardian Ad Litem. You do have the legal right to attend these meeting's with a third party as your witness. This protects you from false documentation by the CAS.
* Calender or Diary of Records
We cannot recommend it strongly enough that it is imperative you document everything (ie: appointments, meeting's, questions asked) in a calendar or diary. This way you can have if asked questions your notes at your finger tips. You can bet that the CAS are making diligent notes while meeting with you, in fact they will do this in front of you during the meeting's. So therefore please make sure you have kept daily notes on your case as it all arises so you have no discrepancies later on.
*Calender of Doctors Appointments
If your child has been seen regularly by your doctor(s), make copies of each and every calendar month and write in the doctor(s) and clinic(s) name. This would show you are not medically neglecting your child also it would show that other doctors have not noticed anything abnormal or abusive about your child. It also shows that you have not failed to seek medical treatment and report medical concerns about your child.
* Character References and Letters
It is highly recommended that you ask family and friends for a letter of character reference on your behalf. These people need to describe how they see you and your child interact when together. The child's overall well being needs to be shown as a safe and happy one. So these letters will come in handy for the judge during your initial 1st hearing.
*Witnesses
Now this is pretty much self explanatory but it may become imperative you get some witnesses as to the last few day's or weeks before your child's apprehension by the CAS. These people can attest to your child's well being before apprehension and how they see you as a parent.
These people may be used by your attorney as witnesses for trial if it gets that far.
*Media
Now everyone has seen other saddened stories at one time or another in the media. This could very well be something strongly considered for you to do. If although the social services are genuine in reunification of your child back into the family structure, then it is recommended that you fully cooperate and not involve the media. But if the social services are intent on terminating your parental right's then medial exposure is a sure fire way to get some attention from the public exposure. Especially when you have been unjustly accused. Now you still need to discuss this with your attorney to get the pro's and con's of such an action depending on your case.
*Government Officials
Lastly we would like to suggest you to try and get a letter campaign going on your behalf to the government officials in your province. Target the Social Services minister as well as your local MP, and MPP's asking for them to interject into your case. Now you will have to show proof of medical records, letters of referral's, witnesses anything and everything you may have to prove your innocence of not abusing your child. But this has proven effective in many cases.
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