"Motion to Dismiss": Another tool in the toolbox for the CPS-abused.

I am not a lawyer, so this is not legal advice, but just a notice that did come across another valuable resource for families that are getting harassed by so-called "child protective" "services."

Take a look:

https://getmychildrenback.com/write-a-motion-to-dismiss-for-cps-juvenile-court/

Somebody did a TO of research and data entry (etc.) to put this together as it has all the CPS tricks (i.e. different rules, procedures, definitions, defined "violations") catalogued FOR EACH STATE, plus recommendations on how to fight back, especially with the "Motions to Dismiss."

(Image courtesy of slideshare.net.)

I don't think this website is really intended for the individual or parents, but more of a resource for their lawyer--if they can find one who isn't part of the CPS web in their area. Usually, these websites are pretty shallow in terms of good information, but just to give you a flavor of it...Here is just one brief excerpt from just "Statutes and Rules" dropdown option for just my home State of Maine:

"CHILD PROTECTION SERVICES

IV. B. Provision for Receipt of Reports
IV. C. Intake Screening and Assignment
IV. C-1. After Hours Services
IV. C-2. Response to Infants Affected by Illegal Substance Abuse
IV. C-3. Procedural Guidelines to Assist Safe Haven Providers
IV. C-4. Methamphetamine Exposure
IV. D. Child Protection Assessment
IV. D-1. Child Abuse and Neglect Findings
IV. D-2A. Audio Recording Interviews
IV. D-2B. Human Trafficking and Commercial Sexual Exploitation
IV. D-3. Audio Taping Parental Interviews
IV. D-4. Domestic Violence and Child Abuse and Neglect
IV. D-4A. Domestic Violence Homicide Emergency Assessment
IV. D-5. Mandatory Referrals to Child Development Services
IV. D-6. Family Team Meetings
IV. D-7. The Use of Expert Consultation when Assessing Child Abuse and/or Neglect
IV. D-8  Safe Sleep Checklist and Period Of PURPLE Crying Policy
IV. E. Case Management Policy
IV. F. Petitioning for a Protection Order
IV. H. Short Term Emergency Services
IV. I. Suspected Child Abuse/Neglect in a Facility or Institution
IV. J. Relationship to Animal Welfare
IV. K. Assessment in Substance Abusing Families
IV. L. Care of Child Outside of Home/Emergency Informal Care
IV. M. Alternative Response
IV. N. Child Death and Serious Injury Internal Case Review
IV. Appendix I. Child Protective Intake Practice Guidelines
IV. Appendix II. Protective Intake Unit Procedures

AUTHORIZATION

IV-A. A. Decision Making and Service Authorization
IV-A. C. Use of Antipsychotic Medications for Youth in Foster Care

FAMILY REUNIFICATION

VII. A. Legal BAse
VII. B. Philosophic Base
VII. C. Target Population
VII. D. Standards of Practice for Children in the Custody of the Department
VII. D-1 – Concurrent Planning Policy
VII. E. Determination of Need to Commence or Discontinue Rehabilitation or Reunification
VII. E-1. Trial Home Placements
VII. F. Reinstatement of Parental Rights

LEGAL AND INVESTIGATIVE

XI. AA. Reasonable Efforts
XI. A. Child Protection Petition
XI. B. Reasonable Steps to Inform Parties of Intent or Action
XI. C. Sworn Summary of Facts and Affidavits
XI. DD. Diligent Search
XI. D. Verification of Vital Statistics
XI. E. Interested Party
XI. F. Request for Preliminary Protection Order and Waiver of Hearing
XI. G. Consenting to Preliminary Protection Order and Waiver of Hearing
XI. H. Waiver of Ten Day Time Period Prior to Child Protection Hearing
XI. I. Attestations and Copies
XI. J. Service of Legal Documents
XI. JJ. Discovery Protocol
XI. L. Motions and Amendments to Legal Documents
XI. M. Legal Representation
XI. N. Examinations by Experts and Motion for Examination
XI. O. Court Subpoenas/Witnesses
XI. P. Investigatory Subpoenas
XI. Q. Criminal History Records
XI. R. Appearance in Court
XI. S. Support
XI. T. Child Protection Orders
XI. U. Appeals
XI. V. Routing of Legal Documents
XI. W. Legal Billing
XI. X. Photographs
XI. Y. Relationship to Law Enforcement"

Now...all of the above are each a "live link" that can take you to a page full of information on the topic. AND...there are other dropdown options as well, such as: "CPS Overview," and "Case Law." These are equally well-linked and researched.

In short, this website is a treasure trove for abused parents. Be sure to book makr it for future reference.

Everyone will likely eventually run into someone who can definitely use it.

With regard to the Motion to Dismiss, strangely there doesn't seem to be as much of a hassle-free access to information on that. They want you to fill out a questionnaire first to get that information. They do claim it's free, but I would want to do more vetting of whomever is behind the site before giving them any important personal details, or certainly writing anything about a specific CPS interaction. (You can never be too careful with info like that these days.)

Still, I know there are plenty of parents out there who probably could tackle at least some of the initial groundwork for an effective lawsuit or at least a successful first hearing involving CPS after and intervention, and I wanted to get this information out there.

May God bless and keep you and yours CPS free!