Q & A: Can CPS take my kids if I give one dirty drug test?


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According to this NO! But almost all county social service “child protection” agencies across the country and abroad DO REMOVE CHILDREN BASED ON ONE TEST ALONE. Is it LEGAL? The answer is NO IT IS NOT “LEGAL”. Nowhere in the California Welfare & Institutions Codes does it state that they have authority to take possession of a child based on ONE drug test. Often, CPS will remove your child simply for declining to cooperate, if it comes back “diluted” which only means that there was not enough creatiine in your urine so the test was aborted. So, if a person drinks the recommended 8-10  eight ounce glasses of water a day and goes to test before they have eaten and/or digested any portion of food then most likely the test will be considered a “dilute”. That will prompt CPS to suggest and ultimately state as a fact, that you used and purposely drank an exessive amount of water to “fool” the test. What a bunch of bullcrap that is, especially when you do not know these things before hand! I know, I experienced it.

 A MOUTH SWAB TEST SHOULD NEVER BE USED TO REMOVE YOUR CHILD BECAUSE THESE TESTS ARE INITIAL TESTS AND THEIR PURPOSE IS TO SAVE MONEY ON LABORATORY TESTS AS THEY CAN QUICKLY SHOW THAT THE SUBJECT DOES NOT HAVE ANY DRUGS DETECTABLE IN THEIR SYSTEM. This includes any “on-the-spot” or “on location” tests such as a “dip stick”. A positive test is NEVER positive until confirmed by a scientifically calibrated testing machine in a certified laboratory. BUT DOES ANYONE IN CHILD PROTECTION OR THE JUVENILE DEPENDENCY COURT EVER ACKNOWLEDGE THESE BASIC DRUG TESTING PRINCIPLES AND REGULATIONS? NO THEY DO NOT. Want to know WHY? Because the “lawyers” for the parents and children DO NOT OBJECT, DO NOT CHALLENGE AND DO NOT CARE about children and families.

TO THE DEFENSE PANEL LAME-O ATTORNEYS: STAND UP FOR WHAT KNOW IS RIGHT, NOT WHAT YOUR HAVE “BOUGHT-IN” TO! DO YOU KNOW WHAT YOU REALLY ARE, NOT DOING THE RIGHT THING?  YOU ARE NOTHING BUT A BUNCH OF LAZY SOCIOPATHIC SADISTIC SORCERERS SEIZING YOUNGSTERS FOR SELFISH SECURITY 

Often social workers will use mouth swab preliminary drug test kits and they are told to use them as evidence to remove children. They KNOW that they can and will get away with it because they KNOW the parent’s lawyers will NOT object to their use nor will they challenge ANY DRUG TEST WHATSOEVER. 

In our second case, I declined to participate in their drug testing as they faked the results more often than not. Twice they tried to “prove” to me that they do not fake tests and came up with two negative hair follicle tests but it is so obvious how they cut-and-pasted the real test document onto their THIRD PARTY COHORT (CDT iNC.) LETTERHEAD like they do for the fake ones. Near the end of our first CPS case, I did not even show up at the collection site to give a hair sample and they still came up with a positive hair follicle test! You can tell how fake this test is by the fact that it does not claim to be positive for amphetamines. It is IMPOSSIBLE for hair to be positive for only methamphetamines because when you consume methamphetamines, it quickly converts to amphetamine metabolites as that is the main ingredient of methamphetamines. Can’t make meth without  ephedrine which is what? An amphetamine! Many clinical and case studies have been conducted on this issue and the research documentation available online. If the “lawyers” were actually on your side, they would contest, object and motion to dismiss based on the falsification of documents that CPS social workers commonly submit to the COURT. That, in and of itself, is a FELONY in California!

Both offering and preparing false evidence are obstruction of justice crimes in California. Penal Code 132 PC makes it a felony to knowingly present false written evidence in pretty much any kind of legal proceeding.1 Similarly, Penal Code 134 PC makes it a crime to prepare any false evidence with the intent to use it in a legal proceeding (even if, for whatever reason, the false evidence never actually gets presented in court).2

Penalties

Offering or preparing false evidence under Penal Code 132 PC or Penal Code 134 PC is a California felony.4 This means that it is possible to be sentenced to as much as three (3) years in California state prison if you are convicted.5

California Penal Code Section 115 PC: Filing A False Document

1. Definition and Elements of the Crime

Filing a False Document under California Penal Code Section 115 PC makes it a felony to file any forged or false document with a public office.

The statute requires a prosecutor to prove the following elements:

  1. A defendant provided a document for filing, recording or registration with any public office in California
  2. The defendant knew that the document was false or a forgery when he or she filed it AND
  3. The document was one that, if genuine, could be legally filed.

The term “document” has been interpreted broadly by courts and prosecutors. The statute is most frequently used to prosecute the filing of false property deeds in connection with real estate fraud schemes. However, Filing a False Document charges can involve almost any document that can be legally filed in a public office, including bail bonds, probation work referrals, and even fishing records.

2. Examples

Looking to make some quick money, a man forges a copy of a property transfer deed indicating that he purchased a home from his mother and he is now the lawful owner. The man files this forged property deed with the county recorder’s office and then takes out substantial loans against the property. Not only is the man guilty of mortgage fraud, he would also be criminally liable for Filing a False or Forged Document and could be prosecuted for both offenses.

3. Related Offenses

Filing a False Document under Penal Code Section 115 PC is usually associated with other Theft Crimes andWhite Collar Crimes such as Real Estate Fraud and Mortgage Fraud. In fact, prosecutors may prefer to file charges under Penal Code 115 PC because it is a felony level offense that is easier to prove than some of the more complex fraud charges.

Related charges also include:

  1. Forgery – California Penal Code Section 470 PC
  2. Perjury – California Penal Code Section 118 PC
  3. Grand Theft – California Penal Code Section 487 PC

[Courtesy of http://www.losangelescriminallawyer.pro/california-penal-code-section-115-pc-filing-a-false-document.html]

HERE IS ONE OF EIGHT FALSIFIED “DRUG TEST” DOCUMENTS THE DEPARTMENT CLAIMED WERE RESULTS OF HAIR FOLLICLE TESTS:

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I Read The California Welfare & Institutions Code For Fun


If the Defense Panel did the same maybe they wouldn’t be so ignorant in court. At the very least they should have a code book in their office don’t you think? Here are a few codes I would like to share.

396. It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued.

397. In order to carry out the policy stated in Section 396, each county welfare department or probation department shall report to the State Department of Social Services, in the frequency and format determined by the department, foster care characteristic data and care information deemed essential by the department to establish a foster care information system. The report shall include, but not be limited to, elements that identify the factors necessitating foster care placement, the appropriateness of the placement, and the case goal or objective such as reunification, adoption, guardianship, or long-term foster care placement.

399. Any minor being considered for placement in a foster home
shall have the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement shall not be limited to the initial placement, but shall continue for any proceedings concerning continued placement or a decision to return to parental custody.

 

So, your child HAS A SAY in their placement. If your child is 10 or older, regardless of your child’s age, tell them to speak up in court even if the Court MAY completely disregard it.  Did you know that the children can also APPEAL any decision? All they have to do is tell their lawyer to do that and they must regardless of whether or not they feel it is in the child’s “best interests”.

WELCOME TO DONNELLYJUSTICE


This site is brought to you by William and Sharon Burns. Our son, Donnelly Keaton Burns, was literally stolen from us and the rest of our family by the corrupt and abusive child protection industry. To this day, Donnelly is being denied access to even KNOWING that his family did not abandon him.

We would like to thank all who support our site by visiting and commenting. We are proud to be able to continue to bring you this site AD FREE. I have re-organized the side link panel and am continuing to update old posts and place them in the appropriate category. I am checking the status of each link and have added quite a few more. Eventually, I will have a link to the laws and statutes of each state. Slide1

We are very excited about our stats! Over 500 people visit this site EACH DAY! Although, we are excited in a good way and in a BAD way. The good way is that people who need this information are finding us! Awesome! The BAD way is that CPS is on a rampage, doing things the opposite of the way they should thus, more and more people need this information!

Hopefully we have something here to help you deal with this horrible thing that you are going through. NO PARENT OR LEGAL GUARDIAN WHO IS FIGHTING ALLEGATIONS OF CHILD ABUSE, WHO ADAMANTLY LOVE AND CHERISH THEIR CHILDREN SHOULD LOSE THEM FOR ANY REASON!! djusticebuscard2

But I am certain that those who have argued with CPS, who have told their “lawyers” that CPS lied and/or falsified evidence, whose children are well behaved and get good grades, whose children are healthy and cute, and who are doing everything that is asked of them are having a more difficult time getting their children back. Do you know of anyone who basically admitted to the allegations, who attend only some of their classes and programs, who miss visits and even continue to use illegal substances yet THEY have their children? See, that’s what I am talking about. We believe that the children of those people are not “adoptable” so CPS doesn’t want them. Yours however, are “adorable and adoptable”. My Defense Panel “attorney”, Marla Contessa Mahoney, told me straight up, ‘I will be honest with you Ms Joyce, Donnelly is VERY adorable and VERY adoptable. Even though you are doing everything you can and more, you are not going to get him back. I’m sorry.” 

(I’m not saying that if you get them back that they are not well behaved, get good grades and adorable!)railroaded2

But every case is different and CPS budgets change all the time. You may very well get your child back. If I could do it all over again, I would hire a private attorney no mater what the cost was and no matter what I had to do to get up the money (except steal it of course). That is your best chance. The only other thing you can do is go with flow, do what they want, kiss their ass and never argue with them. If you are lucky enough to get your children back  Get your case closed and MOVE. Move far away or at least to another county and don’t ever ever ever let CPS in your home again. Stay out of trouble (jail) and don’t put yourself or your children in any situation that you don’t trust or with anyone who has ever thought CPS was a good agency. Those are the ones that call the hotline. Family members call the hotline too so really be careful of them.

We believe that it is the goal of the New World Order or whatever they call themselves, is to tear apart the family unit, to pit neighbor against neighbor and make everyone generally distrust each other yet trust the government. This is to prevent uprisings against the government. Imagine what we could do to them if we we acted in unity! So make amends with your family, try to get along, genuinely, they are your FAMILY AFTER ALL. Another option, if your family loves you, is have them advocate for placement with them and to pretend to be against you. Then they agree to adopt your child(ren) and promise that they won’t let you near them. Then, when the adoption or legal guardianship is final and the case is completely closed, your family can just give you your child back. Most of the time no one is going to know that there is any court documentation as it is completely confidential. You are the parent, you have the birth certificate, who is going to say that you don’t have custody? Caution, you would have to move for sure and change schools or better yet, home school your kids. 

Yes, I am suggesting you play their game. It worked for us in our first case. You have nothing to lose by doing this because fighting them is definitely not going to get them back any sooner. Unless, of course, you have an attorney who isn’t scared of CPS nor in their pocket. Good luck with that one. 

IF YOU GET YOUR CHILDREN BACK YOU MUST SUE THEM! if everyone sues, things might change for the better and they may have to actually play by the rules and laws. SEE THE SIDE PANEL: Suing CPS. 

IF YOU FIGHT THEM, FIGHT THEM WITH ALL YOUR MIGHT. DON’T LET THEM GET AWAY WITH ANYTHING! SEE EVERYTHING ON THE SIDE PANEL.

Good luck to you and keep your chin up no matter which way you handle it.

Sincerely,

Sharon Joyce-Burns

We Demand Our Children BAck!


I HAVE BEEN WAITING FOR THIS DAY FOR A VERY LONG TIME. NOW CPS IS GOING TO START COVERING UP ALL THE EVIDENCE AGAINST THEM. ANYONE WITH STRONG EVIDENCE LIKE I HAVE BETTER HIDE IT AND MAKE MANY COPIES. I HAVE ALREADY SENT COPIES OF ALL MY EVIDENCE TO TIM DONNELLY.
DIANNE FEINSTEIN SHOULD BE ASHAMED OF HERSELF PARENTS HAVE BEEN ASKING HER TO DO THIS FOR YEARS AND ALL SHE KEEPS SAYING IS SHE SUPPORTS CPS. I HAVE WRITTEN HER MANY TIMES AND THE SAME ANSWER, WE MUST GET RID OF THESE REPRESENTATIVES WHO DO NOTHING WHEN FAMILIES GET HURT FINALLY AUDIT HEARING GETS APPROVED UNANIMOUSLY

 

Parents NEED TO KNOW


campaign

CLICK THE IMAGE

Social workers get away with what they do (unreasonably remove children, falsify evidence, commit perjury, exaggerate and/or twist the truth, place kids in unsafe foster homes, etc.)  because the court cohorts do not hold them accountable to the statutes and rules designed to make the proceedings at least somewhat fair. We must educate parents as to the laws, the rules of court, their rights and their children’s rights as well as what their attorneys can but don’t do to help families stay together. We want to produce and print materials that would help parents to hold CPS and the court cohorts responsible for doing their job correctly. Please click on this link and check out our campaign and see if you can help us help parents. You never know, it could be YOU or someone you know someday.

IF THE LINK ABOVE DOES NOT WORK TRY THIS ONE:

http://www.indiegogo.com/projects/397060/wdgi/3133255

Don’t Answer the DOOR! Make CPS Get A Warrant (if they could they wouldn’t be knocking!)


CPS is at the door.
“Pssst…CPS is at the door.”

We check the search terms which people use to find our site. I have some concerns and comments about some specific searches.

Often, people want to know what CPS is allowed to do or what they should do if If CPS knocks on your door. You do not have to answer the door for CPS and you do not have to answer any of their questions.  Even if they come with the police. The police are there to protect the CPS worker from you. If they had reasonable cause to enter or to remove your child, they would have a warrant they would not be knocking. The fact that they are knocking tells you that they need permission from YOU to enter. When you let them in, you will give them free reign to make up stories, twist your words around and remove your child. I wouldn’t be rude or mouthy to these people however, stand your ground reasonably.

Detention Hearing AUDIT


For California Juvenile Dependency Courts

AUDIT THE HEARINGS! THIS IS A DETENTION HEARING PACKET I PUT TOGETHER. IT CATERS TO NEWBIES BUT ITS GOOD INFORMATION FOR ALL PARENTS AND GUARDIANS STILL GOING TO COURT. YOU CAN GO BACK AND GET THE DETENTION HEARING TRANSCRIPTS & MINUTE ORDER AND DO THE AUDIT NO MATTER WHAT STAGE YOUR CASE IS IN OR EVEN IF IT IS CLOSED.

https://drive.google.com/file/d/0B_PlDs4d_B_lTWRydmRQaThWcU0/edit?usp=sharing

Undertone, Angry, Me, What?


Someone recently mentioned to me that the average person feels that the posts on this blog have an ANGRY UNDERTONE. Oh, no, really? Because I thought it was obvious how happy go lucky we are. NOT, YOU’RE DAMN RIGHT we are ANGRY! Since we ARE NOT VIOLENT PEOPLE AND DO NOT BELIEVE THAT IT IS RIGHT TO HURT ANYONE PHYSICALLY OR MENTALLY, we simply do a lot of barking and it makes us feel better.

What surprised me was that they used the word, “undertone”.  All this time we thought we were making it more obvious than that. We are angry damn it, and we are trying to shout about it as loud as we can without being slanderous. We do not say anything that is not true, we do not state facts which we cannot back up with proof or evidence. We are informing the public, we are educating the public, anything that is an opinion is stated so. This blog is a journal which we allow people to view. If you don’t like it, don’t read it. It’s your choice.

But try to imagine, If someone called the cops while you were pregnant, and said that you had a meth lab in your house and the cops come out and check and say, “Obviously this was a false report.” and have CPS come out and find nothing either. Then that person gets furious that her evil plan failed so she tries ten times harder. She calls CPS over and over and over and over (40 times) while you are in labor, calling the her friends who work in the hospital too,  telling them that my baby “was going to die if you let it go home with them”. So, CPS comes and creates a reason to take your baby from you and you have to watch THEM go home with your newborn baby and you HAVE NOT DONE A THING WRONG! Well, how well would that sit with you?

Maybe for a while you would be angry towards that person specifically, not innocent people who believed that caller and was ensuring the safety of your child.

But wait, then you find out that those “innocent” people preyed upon you and your children simply because they could. These people, whom the public believes really care about kids, falsify documents in order to justify the removal of your children. How do you feel now? Just a little bump in the road? A challenging situation? Ok, sure, so you go out of your way to prove the documents are falsified and you present it to your court appointed attorney. You’re feeling a little exemplified and you’re thinking, “Ok everything is going to be alright, they will see I am innocent, they will go away now.”

But wait, your attorney tells you that it is “irrelevant” because your kids are already placed back into your home but, in order to keep your kids in your home, you are told that you have no choice but to submit to an “Amended Petition” which has stricken all the bullcrap allegations and you only have to give in a little. But you also have to participate in their “programs” and “services”. You think, “Alright, I would do anything for my kids and what the heck, maybe I’ll learn something.” Maybe you are left feeling a little irritated but the situation is somewhat tolerable.

Then they switch social workers and that person comes to your home and talks to you. This worker brings up EVERYTHING in the original Petition that was stricken. So, you’re like, “No, I proved that wrong, we are not guilty of that.” So that worker writes that down in her notes and talks to her supervisor and then calls you later and demands that you drug test immediately even though you are in drug program and testing negative all the time. A few days later the worker calls you and tells you that your test was “diluted” and that her supervisor considers that a “dirty” test and that you are in “denial” because you had mentioned that the allegations in the petition were false and that puts your children “at risk”.Image

 This “diluted” test forces you to continue in your drug class for an extra 8 months and continue going to “group” 3 times a week. Your counselor was nice to you at first but after a talk with the social worker, she becomes your worst enemy. She demonstrates an obvious dislike towards you and your requests to change to a different counselor are denied. You try to be as genuine as possible even though you have to try to act like you have a “problem” which you are “recovering” from or else they will drop you out of “treatment” or tell your social worker that you continue to be in “denial”. [Later, you find out that it just so happens that she personally knows the PERSON WHO MADE THE FALSE ALLEGATIONS TO THE HOTLINE]. This counselor often encourages the entire group to berate you one at a time, your only friends are the ones you give rides to. How it going? Feeling OK? Just wait, there’s more.

The next time you go to court everyone treats you like some kind of fuck up but you’re saying, “No, it wasn’t a dirty test, how can they do that?” and the Judge gives you a lecture and tells you to “keep your mouth shut”.ImageImage

[A few years later, when you receive a copy of the transcript, you notice the date that the Court said you tested “positive” for is not the date of the alleged “diluted” test so you go through the Court’s copy of the report and find a drug test that was not attached to the original report that was given to you at the time. Now, how do you feel? Oooh, I bet you’re getting ticked off now!]

So, finally, after a year, the worker tells you she’s closing the case, you don’t have to test and you don’t have to go to court. Suddenly, 3 weeks later she’s calling and demanding that you drug test immediately. But you’re out of state helping a friend. Now you are forced to leave your friend, at a time she needs you the most, to go and take a drug test for CPS when you were told that the case was closed? Now is your anger building up or are your ecstatic with joy and happiness? The caller is calling again and she is bound and determined to ruin your life and CPS fakes another hair follicle test document and you are forced to go to an in-patient rehab for 3 months. The counselors at the rehab are nice people and advocate on your behalf but when you get out you are forced to go to another program which is a year long. One thing after another, you have to deal with it gracefully and with a smile. Like having your knuckles smacked back when you were in Catholic school and having to say, “Thank you Sister, may I have another?”  The final straw is when that program submits a glowing report about you to CPS then changes their mind because the caller kept calling and the mother called some co-worker or colleague  CPS made the program director change their reports (and your drug test results). oh, you are looking a little flush, are you alright? i know, maybe this is too much at one time, you should turn on a fan or the a/c.

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There’s more, a lot more, that was done to us which contributes to our undertone. Some say that we have a problem, that we are ignorant, that we are in denial, that we constantly “blame others” for our own failures and behavior and some even say that we are “dangerous”! To them I say, “……….”  well I am not going to publish that. (You know that it must be really really bad for ME not to publish something and I think that maybe now you kinda get it.)

And not only has this been done to YOU and YOUR family, you see others going through the same thing BUT TWICE AS BAD. I THINK THAT CPS AND THEIR COURT COHORTS TAKE ADVANTAGE OF PEOPLE FOR THE FUN OF IT AS WELL AS FOR THEIR PAYCHECK. THEY ARE GETTING SO DRASTIC WITH THEIR ACTIONS, COVER-UPS AND STORIES THEY TELL THE KIDS TO MAKE THEM HATE THEIR PARENTS.

I miss my son so much. I wonder every single day if he even remembers me. I treated my son like he was a precious gift. I took excellent care of him. There is no good reason that I can NEVER SEE HIM EVER AGAIN!. I am 45 years old. By the time he is 18 I will be almost 60 years old. An OLD LADY. He won’t even recognize me. I will not be very pleasing to the eye. I may even be dead. That REALLY gets me. My DAD is 76 years old. Donnelly will definitely never be able to see his POP POP ever again. He won’t be able to hear his stories of when I was little or how my mom and dad met (DONNELLY WAS NAMED AFTER THESE PEOPLE: DON + ELLIE=DONNELLY). I bet Donnelly still remembers my mom even though she has been passed away since 2010, there was something special that made those two connect immediately. Donnelly has an inalienable right to his biological family and he is being denied that by people claiming to love him.

I still cry every single day. My heart hurts constantly. I often feel life is not worth living. Sometimes I hear him. He’s calling me, “Mommy, mommy, mommy, mommy, mommeeeeee!” It feels like he’s scared and lonely. I am not crazy, many biological parents experience this. The feeling of loss gets worse as time goes by. If people had any idea of how it feels I guarantee you this stealing of children would cease and parents would be allowed to at least see their babies once in a while. Remember people, IF YOU BELIEVE IN GOD, I MEAN IF YOU ARE NOT JUST FAKING IT BECAUSE IT LOOKS GOOD TO GO TO CHURCH AND TO SAY CHRISTIAN THINGS, then you know that GOD is judging you and if you don’t know it YOU ARE THE ONE IN DENIAL.