Below is an email sent to the Women's Justice Center as the author of the "Tips for Avoiding the Abuses of CPS”. The article in full can be found at the link provided in the below posting. The article and the website provide parents and advocates with information concerning CPS. Although the Center is based in California, the information is applicable to Texas as well. Let me know your thoughts.
I BRIEFLY read your “Tips for Avoiding the Abuses of CPS”
article, http://justicewomen.com/tips_bewarechildprotectiveservices_2.html#b.
As an attorney, I was particularly drawn to the section about how
to get the best possible representation from your court appointed
attorney. I have seen attorneys who fit the profile you describe.
However, as an attorney who accepts appointments, I must take exception to your
rule to parents that “attorneys assigned to represent you in a CPS case are
attorneys at their worst.” There are a few of us out here in the fight
for families. I hope I am not being presumptuous in assuming that you
really did not mean to condemn all court appointed attorneys. Consequently, I
would like to join you in your efforts to equip your audience in the event that
your readers happen to have one of us fighters for an attorney. Feel free
to distribute as long as the credit and text are kept intact.
You will know that you have a fighting attorney if the
attorney seeks to communicate with you frequently. In my practice I
take my clients’ lead, but I like to touch in with my clients bi-weekly.
Even if the week was uneventful, it is important to check in on my clients’
spirits. From the beginning it is key for me to know what is important for my
client, what is the parent’s story, etc. Please remember that the only
attorney assigned to work for the parent is the parent’s attorney.
Providing inaccurate or incomplete information only limits what the fighting
attorney has to work with from you. Also, sometimes your attorney is the
last to the litigation battle, meaning everyone else has a ton of information,
reports, etc. Do not assume that your attorney will somehow get that
information. Bring the attorney up to speed by providing copies, not
originals, or telling the attorney who may have the information if you do
not. And always inform the attorney of any changes in your address or
phone numbers.
You will know that you have a fighting attorney if the
attorney seeks to be present with you when you are communicating with CPS, GALs
(Child Advocates or CASA), or others seeking information. My practice
informs all parties and guardians that all parent communication should be
coordinated through my office if they want to discuss the case with my
client. We will try to attend all conferences, evaluations, and even “pop
up” on a “pop up” visit from opposing parties. I get tons of push back, but as
long as my client stands with me, eventually CPS will concede.
Unfortunately, for various reasons, some parents will talk to opposing sides
without me. Despite my requests to the contrary, some parents sign
documents without me. Even worse, I learn of the communication only once
we are in front of the bench – far too late for me to do any investigation or
even to get qualification from my client. Please don’t fall for the “I’m
your friend” tactics of CPS and even guardian ad litems. They are not a
part of the case to be parent advocates and are not always soliciting
information to help you out. That is the job of the parent
attorney. I am not suggesting that every encounter is hostile. Here
is a test. If the person seeking to talk to you refuses talk to you in
front of your attorney, take note. Then direct your attorney to find out
why.
You will know that you have a fighting attorney if the
attorney anticipates the other sides’ moves and solicits your help in creative
countermoves. For example, if I see that CPS is positioning to remove
the kids, I will fight against that removal, but I am armed with plan B in the
event the judge rules against me. Plan B often is to have other family or
friends pre-qualified as placements instead of traditional foster care.
However, I need the parents to tell me who those family and friends are.
Sometimes parents will say that they are too embarrassed to tell people they
know what is happening or they just refuse to believe that CPS really would
take the kids after CPS failed to do so for so long. Whether the kids are
removed or not, help your attorney prepare for that worst case scenario.
Bear under the embarrassment and see this as an opportunity to be an advocate
or guide for others. You may be surprised to learn that you are not
alone.
You will know that you have a fighting attorney if the
attorney encourages you to keep him or her accountable. Everyone in
the process is accountable to someone. The attorney is no
exception. In fact, fighting attorneys realize the fight is not theirs
but the parents. The case is about the parents’ lives, not the
attorney’s. In most situations, the attorney’s opinions must yield to the
client’s decisions. No one wants to be threatened, but there is nothing
wrong with reminding the attorney whom he or she serves. A fighting
attorney will preempt your “reminder” by soliciting your evaluation of his or
her services to ensure that your needs are being met. A fighting attorney
will know that despite the appointment, he or she is accountable to you.
While I could go on with other tips, I will end with this
thought: Together we may not always win the case, but we will work hard
to end. Then if unsuccessful, we will appeal. A fighting attorney will not
be afraid to appeal when necessary!
May God bless your efforts.
Regards,
Alicia
Fortson, Esq.
Law Offices of
A. G. Fortson, P. C.
