Fight CPS And Win
Fighting Child Protective Services
False Accusations

Legal Document Library

Taking Over Your Case
Read this great article to learn more about defending yourself in juvenile court.

• Leonard's Sample Affidavit - this is an affidavit form you can use to submit YOUR side of the case to the court for your Juvenile Detention case (file it at the county clerk's office with your case number on it and the judge will have to read it - if you have an attorney show it to him/her first).
• Linda's Sample Affidavit - here's another sample affidavit for the CLASS ACTION LAWSUIT or for whatever purpose you might want to use it. You can make affidavits to take to court with you or better yet, file them with the county clerk the week before. (Also known as a Declaration of Facts.)
• Affidavits - a collection of affidavits that may help you in preparing defense of child abuse cases.
• Americans With Disabilities - response - part of a response filed re: the Americans With Disabilities Act.
• Appeal from TPR - a sample appeal from a TPR hearing you might find helpful in drafting your own appeal in case you don't have legal representation.
• Background Checks Form - this form is for you to start a book on everyone involved in your case: caseworkers, judges, lawyers, CASA workers, Guardian Ad Litems, therapists, psychologists, etc... This form will help you keep investigations on these people organized. This will help you discredit the twerps next time you go to court. Dig up as much dirt on them as you can. They did it to you - and you owe it to them to return the ... favor. This page information came from Linda in Wisconsin, with page formatting and links by Leonard Henderson of AFRA.
• Brief used for bail reduction hearing - by attorney Edgar J. Steele for the Christines.
• Civil Rights Complaint under Section 1983 - thanks to Bruce Iorio for sharing this sample to help others get started with suing CPS in federal court. See also his Opposition to Motion to Dismiss.
• Complaint Against the Backstreet Boys - I'm including this link to show how simple and easy it is to sue someone. This is a very simply worded complaint.
• Complaint Against CPS in PA - follow the progress of this case through the links to see how they did it. Then write your own case! Go for it!
• Complaint For Federal Court - this complaint was recently filed by an experienced anti-CPS lawyer.... so if you can't find a good lawyer like this to represent you, start by copying his form.
• Confirmation of Understanding/Agreement - form for writing letters to the caseworker, therapists, etc. after each contact. You can tell them what you got out of each meeting and ask them to respond within ten days if they have any disagreement with your version of events. Keep a copy because these can be used later as evidence for court.
• Linda's Sample Declaration - here's a simple format for an all-purpose Declaration of Facts. If you have anything you want the judge to know, use this and file it with the county clerk at least a week before court. Also you can get your friends, family, and whoever else you know who might support you to write these... sign them just as shown "under penalty of perjury" so that they will stand up as evidence in court. (Also known as an affidavit.)
• Declaration of Objections and Corrections to the Report of the Child Welfare Caseworker - this is a plain text file you can copy and paste into your word processing program. The Declaration is to be used in court to dispute the court report prepared by the CPS caseworker. Try to get it filed at the county clerk's office at least five days before the hearing. If you have an attorney, you can prepare a legal document and then take it to him requesting that it be filed with the court. If you don't have time to file your papers five days before court then take the original and at least four copies with you to court. Everyone there will need to have a copy.
• Dependency Petition - sample dependency petition - this one was used to get state custody of the first cloned child. My guess is that the government was anxious to do its own medical experimentation.
• Discrimination Complaint Affidavit - mother is clearly discriminated against for belonging to the Wiccan religion.
• Durable Power of Attorney - gives someone else the right to sign documents for you, get your CPS files, etc. From Families At Risk of Missouri.
• Executive Order for Formation of a Task Force - start a task force for studying CPS in your area!
• Family rights litigation information - from the Center for Children's Justice - dedicated to protecting and preserving the inalienable rights of children to access to both parents after divorce or separation.

• First Interrogatory - this is a legal document used to force CPS caseworkers to answer questions in preparation for court. From Families At Risk of Missouri.
• Freedom of Information Act and Privacy Act - GET YOUR CASE FILE. I keep my FOIA-PA links on the federal law page of this site.
• Interrogatories and Depositions - all about how they can be used. Make CPS caseworkers and others answer YOUR questions for a change!
• Juvenile Court Attorney Materials - Get This! It explains a lot about all the proceedures; this was written for Colorado courts but the states all have similar systems.
• Jury Trial Demand - request for a jury trial.
• Letter to District Attorney - form for letter requesting an investigation, provided by Sheryl McGrath of New York.
• Memorandum of Points and Authorities Sample - this is a sample of what Points and Authorities look like. This sample has nothing to do with child welfare, but gives a document form you could copy. I was taught in paralegal research and writing class that Points and Authorities and an affidavit should be filed with each motion you file during the course of your case.
• Father's Motion for Reconsideration of TPR - "Because standing alone, the 15/22 months time period is an unconstitutional basis for terminating Father's rights, Father moves this Court to amend its Judgment."
• Notice of Intent to Sue - here's a sample. When you sue the government you must file a notice of intent to sue first. Check your state laws for details and time limits. Check with the county clerk and your lawyer if you have one for the CPS case to see if there's a local form to use as a notice of intent to sue.
• Request for a Hearing - Racquel Morris filed this pro-se in a child custody case.
• Request for Medical Records - you may want all your children's medical records to verify that you are providing good care for them.
• Request For Production of Documents - you need your case records!
• Rescind Signature - did you SIGN something? If so, you might find this helpful!
• Rescind Signature #2 - another more legal-looking way to rescind your signature, from Families At Risk.
• Subpoena and Supeona Duces Tecum - how to subpoena people and documents (including your case file). This is a Washington State subpoena - you should contact your local county clerk to see if there are forms available for subpoenas.
• Tennessee Foster Care Lawsuit - complete text of the complaint that was filed in this notorious lawsuit.

• Visitation Documentation Form - you can load this plain-text form into word pad or a word processor, then print. In word pad the page numbering lines up great for me. Fill out a form every time you have a visit to document concerns. These forms can later be used as evidence in court. Remember to fill out a form for each MISSED visit too to document the reason why. Never miss a visit! Caseworkers will use missed visits against you in court.
• Emergency Petition for Writ of Certiorari - from New Hampshire Attorney, Paula Werme's website about Denying Rights of Fit Parents.
• Writ of Habeas Corpus - a request for a court order to produce someone in court.