Blogs by Deborah K. Frontiera
Fighting CPS
5/25/2014 10:28:05 AM
The purpose of this blog is to provide updates on some of the cases I reported in my book (Fighting CPS: Guilty Until Proven Innocent of Child Protective Services Charges ISBN 9-780-9800061-6-2) that had not been resolved when the book went to press, and to report other cases where CPS is not working up to par. I’d also like to hear about cases in which Child Protective Services did the right thing so those cases can serve as examples of what should be done. Occasionally, I will report helpful tips and web sites with advice on fighting CPS. To comment on this blog, or to tell your story, email Deborah Frontiera at frontiera.fightingcps.deborah.gmail.com
The next post will be on June 7, 2014. (This will be a change from my usual Sunday evening or Monday post due to upcoming commitments that will prevent my routine post time. Better early than late.)
I learned of this ongoing case about a month ago through a message to this web site. Because the case has not been resolved, I am not including any names and will only say that it is in the greater Fort Worth/Dallas area of Texas.
A Mom with no criminal record of any kind in her mid-twenties has children ages 18 months and 3 years. A friend and other neighbors have been witnesses all of the incidents and some of them will testify in court on Mom’s behalf. Mom was living with father of the children but was not married. He had a criminal record for felony drug charges and had served time in the past. One incident five years ago was when a minor child was in his car while he was under the influence. Mom has been terrified of him for a while and finally got him out of her life. But when he came to get his stuff, he tried to take her personal things—one item being the children’s social security numbers and other papers. She tried to take these things back and he beat her up, badly! He left with the children and the papers. She called police after he left. He “spun a tale” for police that she beat the kids! The police didn’t investigate properly and believed him.
One child has a birth mark that looks like a bruise. This guy used the birth mark to convince police that Mom was violent to kids, in spite of the fact that Mom is petite (about 4’10”) and he is much larger. Somehow, he was convincing enough that a judge gave an “Order of Protection” for him and kids against her!
Mom’s money for a lawyer is limited. She was arrested and jailed on 3 counts of deadly domestic violence and had to post bail. Mom’s sister borrowed money from a friend to help her: $500 for 5K of bond. She is not permitted to see her kids. The neighbor who is a friend and witness said Mom is naïve and unaware of how the system works. This witness also said that the police in their town like to get their arrest rate up because it looks good to the public. The witness said this keeps lawyers in business and most people arrested are only uneducated and poor. Mom works in a consignment shop. Her boss speaks highly of her, and she has a good credit rating in spite of low income. All drug tests Mom has had to take have come back “clean.”
During the altercation that later led to Mom’s arrest, the Dad gashed her hand with his boot when she was trying to call police. After he left Mom wounded and bloody, Dad was involved in a car wreck with the children in the car. “Two babies in the FRONT seat of a pickup, facing front, not backward in car seats,” the witness told me. He wouldn’t let anybody examine kids or him. He wanted to exchange insurance information and not involve police, but the woman he hit insisted on calling police over accident. This dad managed to pass a Breathalyzer test but couldn’t walk a straight line. This dad will now be required by CPS to take other drug tests. (He left a pot grinder and gram scale on the kitchen counter, and Mom’s prints are not on it.)
The friend and witness took Mom to a doctor. The doctor was furious about her injuries and advocated for her with CPS. Child services told the doctor, “We’re just here to make sure and protect the children.” So far, Mom’s information has not been released by CPS (only an attorney can have CPS records on her and he hasn’t been able to demand records as of this writing). The attorney did tell the friend/witness that he has seen a lot of “this kind of thing” in that town. Many people are of the opinion that CPS in that county is “in bed with the justice system”.
A couple of weeks later, I received an email update on this case:
“Poor ‘Mom’ still does not have any formal charges filed against her. She passed another drug test and I have a feeling that CPS can't do anything for her even though they know that she is a fit mother because the police department filed a 61 day temporary order of protection against her. Friends of hers in the police department are keeping an eye on her kids. So far, so good. Her attorney has contacted the police chief in the town and told him that this is ridiculous that ‘Mom’ doesn't even know what charges, if any, have been filed against her. The town police chief apparently knew nothing about what was going on and has since told Mom’s lawyer that he has assigned the case to another detective for investigation. At this stage no one knows what is going to be investigated. There is a rumor that the arresting officer has been assigned to desk duty. Do you think maybe he arrested the wrong person? After all Mom is the one who called the police for help because she was being beaten. She passed both a urine test and a hair follicle test for drugs with flying colors.”
Her email continued: “This being in limbo crap is for the birds. We can't say too much terrible about CPS because we called them because we believed the children were in danger. They have not interfered with the father having the kids and at the end of May, Mom will be able to go and take them back because the temporary order will have expired. Apparently when the dad goes to work, he leaves the children with a responsible person who is aware of the Temporary Restraining Order and the expiration date of May 31. The big issue is the false arrest and the restraining order. Mom is holding up pretty well. Her sister [a nurse in a large area hospital] has been around quite a bit. The lawyer thinks Mom is going to have the charges against her dropped when the prosecutor sees all the mistakes that were made by the police. When that happens, the restraining order should go away and Mom will have her kids back. The first thing she's going to do is hide the kids with someone and go and file charges against him and have him arrested for assault and battery and then get out of town [for a while]. As you know, the system moves slowly. It's very convoluted and it sure does suck. Things are in a kind of been in ‘holding pattern’ for the last 10 to 12 days. The lawyer told Mom to expect this. She has a lot of faith and patience. She does not want to do anything to be held in any kind of contempt of court. If it was me I probably would be in prison right now.”
Stay tuned on this case. I’ll add more posts on it as needed.
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