CPS

Stop CPS Corruption

Vincent Davis:  Good morning.  This is attorney Vincent Davis.  You’re on live with the show Get Your Kids Back Now.  This show is dedicated to keeping families together and to fighting the tyranny of CPS and DCFS social workers.  A secondary purpose of this show is to educate parents and relatives or to at least show them where to get the necessary information for their fight.  The final purpose of this show is to remind the people that change can be effectuated at the ballot box, at the state and federal levels.  Let us unite, vote and elect those who will make the necessary changes.

Good morning.  It’s Saturday, February 4th 2017.  It’s 8:00 AM  here in Southern California, it’s a beautiful Saturday morning.  Over the past few weeks, I’ve been getting several emails that have asked me to take less calls and give out more information.  And I really want to, you know, for me personally, well I’d like the calls I enjoyed hearing people’s stories and answering their questions.  But today, I’ll try to change the format up a little bit and take less calls and try to give out more information with respect to the purposes of the show.

So I’m going to try to stick to that outline and starting with the third purpose of the show is to remind people that change can be effectuated at the ballot box.  So what I have done is I am enlisting a person that’s going to help me keep track of people who are registered to vote and organized to vote in their particular counties here in California and I think that it might branch out as well to other states.  But in California, as in many states in this country, people can vote in political candidates that will advance their position.  We saw that just happened with our recent national election with the election of Donald Trump as president.  But even at a more local level, we can effect change by voting in or voting out judges who are not family friendly.

I have been appearing in front of one judge here in this county and the person is a fairly new judge doing juvenile cases and I’m getting the impression that this judge supports — heavily supports the Department of Children and Family Services.  So I don’t know much about this judge’s background but if there was a reelection and would I have the opportunity to vote, I probably would not vote for this judge and I would vote for a candidate running against this judge and hopefully that candidate also would be family friendly.

So what someone suggested to me to do is to try to keep track of juvenile dependency judges and you know, when they’re coming up for reelection in their different counties and — although I go to a number of counties in California, I’m not intimately familiar with each judge that I practiced in and in some counties I hear, “Oh yeah, this judge is a great judge,” in another county, I hear, “Oh this judge is, you know, is a terrible judge with respect to making decisions for families and juvenile dependency court.”

So the ultimate power we have as citizens here in these United States including California is that we have the power to vote and in California, we have the power to vote judges in and judges out at the state court level.

So what I’m hoping to do is ultimately I want to start a website and there are few websites out there that some of them are actually pretty good that actually keep track of judges and judicial performance and not a lot of people know about them.  So if you want to just Google them, you can find these websites — and you’re allowed under the first amendment to post at these websites and, you know, to give your opinion about a particular judge.  And by the way, not all the comments are negative.  There are some comments I’ve seen regarding judges that are very positive, you know.  And there are a lot of negative comments as well, people voicing their opinion.  It’s easy to make a negative comment about a judge when you don’t win the case.

So 50% of the people that appeared in front of judges are always going to be unhappy because somebody is going to lose the case.  But in juvenile dependency cases, usually, there’s two, maybe three sides to a case, a parent’s side, the minor’s side because they’re represented by their own attorney and the side of the Department of Children and Family Services or Child Protective Services who represents the  social worker who’s usually prosecuting against the parents or the family.

So I think that if we develop a website that can track judges and perhaps get people out to vote in those particular counties when those particular judges are coming up for reelection or election, I think people with their vote can have a positive impact on the outcome of the whole judicial, excuse me, whole juvenile dependency judicial process in children’s courts.

So anyone that is interested in helping me move forward with this website and this movement to elect or reelect or to vote out judges at the trial court level, juvenile dependency courts all over the State of California, please contact me and I’m going to give you an email address you can send it to and just put on the subject line, judicial elections,  judicial elections on the subject line and write to me at v@vwdlaw.com, that’s V as in Vincent @ VWDlaw.com.  I’ll get these emails, I’ll pass it forward to the person that’s going to be helping me in this endeavor and we can start this from basically a grassroots movement.  And I’m sure that a lot of you who listen to this show aren’t happy with what’s going on in the juvenile dependency system.  It seems to be a movement that’s been, you know, coming up slowly over the last maybe 20 years, 25 years in California and people are really getting sick and tired of what’s happening in the juvenile dependency court.

Every once in a while, I represent people who, you know, last person you’d ever think to be involved in juvenile dependency case and they tell me something like, you know, I had heard people complaining about social workers and juvenile judges but I never thought it was serious.  I never thought, you know, that these things were actually going on because only child abusers end up in juvenile dependency court, only child abusers or drug addicts get their children taken away.  And when you’re actually involved in this and you’ve never been involved in this type of situation before, a lot of times, you’re shocked at what’s really going on.

Recently — I won’t say the county but recently, I represented someone in Southern California in the juvenile dependency case and they happened to be the father of the children who had been divorced from the mother and the CPS social workers filed a case against the mother in juvenile court and the father didn’t know anything about it.  He was basically a weekend dad but he was given custody of the children temporarily while the case is proceeding against the mom.  And we had a conversation recently and he shared with me that, you know, he doesn’t like the mom, they never got along when they were married, they had a contentious divorce, he wanted more custodial time with the children but he had nothing to do with the reporting of the mom with the alleged child abuse.

And we’ve had several hearings and he’s been to court and he’s informed me that, in his opinion, it’s a — I’m trying to quote him.  Basically he said, “It’s a crime the way they’re treating the mom with respect to these so called allegations.”  And he said, he told me, “Hey, I’ve known the woman for years, you know, we’re married and we did it before that and I know her character.”  He says, “Most of the stuff, there’s no way I really believe it deep down in my heart when I think about it, about what they’re saying about the mom and the kids.”  And you know, he’s not supposed to talk to his children about it but, you know, the kids are missing their mom  and he’s kind of decide himself because he doesn’t know what to do.  Social workers telling him one thing and he’s like listening and, you know — but he knows the mom, he knows her family.  And he thinks, you know, he’s against the mom, he wants to keep his daughters for custody but he thinks it’s just a travesty of justice what’s happening to the mom in this particular case.

So, you know, there’s a lot of people that complain, there’s a lot of people that write on the internet about their complaints.  But the true thing, if you’re very serious about making a change, the one thing that you can do is you can vote, you can vote to change the laws, you can vote to vote out judges or vote in family friendly judges.  So this is the thing that I want to organize, this is the thing that I want to do and to make people’s voice heard in juvenile dependency court and so that they will have an impact on the types of laws that are out there in our state or in each state nationwide and make an impact on the people that are actually making the decisions with respect to juvenile court judges.

I’ll tell you a short story.  Several years ago, I did a case in juvenile court.  I fairly — I represented the mom — no, I represented the dad and the mom was represented by a very famous and well known attorney.  And one of the first things that he did was he told me, “We have to have friends and family and relatives show up to court so that the judges will know that there are people out there that care about the parents and that they care about the family,” and I said, “Okay.”  I thought that was a great idea but, you know, what was I going to do about it, because I had never told people to bring people to court on the chance that it might have an impact on what the judge does.

And we went to court and this is not an exaggeration, there were probably over 200 people there.  There were so many people at the court for this one family that the sheriff has called a special meeting in the judge’s office with us present and they claim that all of these people created a security risk and, you know, from the sheriff’s perspective, I could see that.  But in response, this attorney says to the judge and to the sheriff, “Listen, this is a free building, it’s a public building, the public can come and go as they want, these people are here, and they’re all church members.”  You know, so — I mean, they were all from the Christian congregation and it was a local Christian congregation at that.  And, you know, the attorney argued that0 these people had a right to be there and the judge indicated, “Well, I’m not going to let them all in court because it’s confidential proceedings.”  And the attorney told the judge, “That’s okay, they have the right to be here, sitting in the hallway supporting this family — the mother and father.”

And we had many hearings in that case and at every hearing, there were at least 50 or 60 people there.  It was kind of amazing.  At the end of the case we did have a good outcome in the case.  Now, I don’t know if those people being there to remind the judge that they vote and they’re members of the community, if that had an impact or not.  But it was an amazing thing to see.  You know, usually, you’re at juvenile court, you know, the parents might be there, there might be one or two or maybe three relatives.

I was just involved in a case where bunch of relatives came and everybody was very surprised that this family had people in their lives that cared enough to come to court and that cared enough to find out who was the judge and what decisions was the judge making because, you know, in the end, judges are answerable, at least state court judges are answerable to the public because they’re either reelected or voted out or they’re not voted in at all.

So I think it’s very important that people come to court and to support families, support the children and let the system, the judges and the social workers, know that there are people there that care about them and that things are done unfairly or unjustly, that it’s not going to be, you know, a situation where nobody’s going to say anything.  I want to remind people though that you can’t use the child’s name.  It is confidential under California law but you can still make a complaint to your board of county supervisors, you can still make a complaint to your state legislator, your state senator, the governor of California and sometimes people do listen, sometimes people do listen.  But I think the more of us that vote in local elections, the more impact we’re going to have.

So I am going to take a call right now before I go on to the second purpose of the show and tell you what we want to do.  It’s from area code 712 ending in 78.  Good morning.  You’re on with Attorney Vincent Davis.  Did you have a story to tell or question to ask?  Good morning.  Okay, we’ll pass that one.  And we’ll take another call.  Actually, I can’t tell where this number is, it has a blocked caller ID.  Good morning.  You’re on with attorney Vincent Davis.  Did you have a story to tell or a question to ask?  Good morning.  Okay, we’ll pass that call as well.  I think these are two callers who are just listening, they didn’t really want to share a story or ask a question and that’s okay.

So going to the secondary purpose of the show which is to try to educate parents and relatives.  I say parents and relatives separately because there are different laws that apply and different things you have to do if you’re a parent or a relative.  Generally, what happens to a lot of cases I see, of course, the CPS social workers come out and taking the children away from their parents or parent.  The second situation happens when you’re a relative and you’re trying to get custody of the child and I’ll give you an example of a case that I’m involved with right now.

I represent a mother in the juvenile dependency court and the child was taken out of her custody based upon allegations of domestic violence and substance abuse.  Now, just as an aside, I will tell you, we’re fighting those allegations.  But in the meantime, this child is placed in a foster home and one of the things that really bothers my client is that the child who is Caucasian is placed in a what my client described as a bad area of Los Angeles where there’s a lot of — she alleges that there’s a lot of crime and criminal activity.  I’m from Los Angeles, I grew up in Los Angeles and looking at the map and knowing where this child is placed, I’d have to say that my client is probably accurate and I don’t want to hope that doesn’t sound racially discriminatory but, you know, it is what it is.

And my client actually who is Caucasian has to go to the foster home or that area to visit the child at a local McDonalds which is quite intimidating for the client.  It’s also because the child is placed in a different cultural background home, from what I understand, this young child who’s I think five or six, it’s very intimidating for her at this place.

So there is I think something in the code or rule about trying to place children and when they’re doing the placements to be culturally sensitive.   Do you think that happens?  But it doesn’t happen in every case.

So allegedly, my client is telling me that the children is — the child is being bullied.  The child now goes to school that’s all minority versus, you know, the Caucasian school that she was going to and it’s — you know, you have to wonder how this child really feels.  I’ve tried to put my shoes in — my feet in the child’s shoes and imagine culturally what a shock this might be.  And I’m not sure that we’re giving the right attention to it but I digressed.

Here is the story, the grandfather — the maternal grandfather is a pastor in another state.  He has a congregation.  He’s been a pastor for several years.  He’s a retired military, I mean, you know, just almost a perfect picture.  The social worker here in California refuses to give the child to the grandfather because he lives out of state.  Now so I want to tell all you relatives that are listening and this is my humble opinion based upon years of experience as a lawyer over 30 years now, it doesn’t matter where the guy lives especially if he lives out of state and the parents, which in this case, they both agree to have the child placed out of state.

Here’s the trick of what usually happens, the parents are convinced by the social worker not to place the child out of state with the relative because the social worker tells the parents — and this may be true by the way, “Oh, it’s going to be hard for you to reunify with the child because you won’t be able to visit because the child is out of state.”  There is some legitimacy to that argument, not a lot and I can tell you a lot of things why that’s a bad premise but they get the parents to say, “Yeah, don’t place the child in Colorado.”

Well, what happens is is as the case goes on, you know, six months or 12 months down the road, when the children aren’t returned to the parents, the relatives might be — how can I put this, out of luck in their attempts to get the child placed with them at the 6 or 12-month date.  So here’s the situation, the child could have been placed with the relatives in Colorado at the beginning.  But because the parents didn’t let that happen, when they aren’t able to get the child back 6 or 12 months down the road, it is our duty in court, generally by minor’s attorney and the social worker and his or her attorney, but the child now has a bond with the foster parents which could be true and then it will be detrimental to move the child to the relatives in Colorado.  I don’t happen to think so but the way the law is going in California, that’s the trend.

So grandpa who could have gotten the child at the very beginning but the parents decided or were convinced not to send the kid out of state because visitation was going to be difficult, if not impossible, they now have lost this child to the system.  And in many cases, that child is end up being adopted by the foster parents.

So what I tell parents and in this particular case, I tell grandparents, get your butt to California, let us hope you file some things so that you can get this child right now because the case is — you know, it’s one of those cases where the father is in jail, it’s alleged that mother has some type of substance abuse or domestic violence counseling that she needs to do.  And whether she does it or she doesn’t do it, that remains to be seen.  But if we don’t get this child placed with a relative right now, there’s going to be a problem.

So initially, this family didn’t hire me, the mother didn’t hire me because the grandparents — and the grandparents are divorced and they live in two different cities in Colorado but they were absolutely positive that the social worker was going to do the right thing and send the child to them and don’t forget, both of the parents have told the social worker they don’t mind that this child is placed in Colorado but the child is placed with a very nice foster family here in Los Angeles County where the foster parent wants to adopt the child, wants to keep the child permanently.

So, you know, all the people say, why does that happen?  Well, in my opinion, in my humble opinion, I believed it has to do with money because in the scheme of things, generally, money follows the child.  As long as the child’s here in California, in Los Angeles County rather, the child is going to be, you know, the LA County DCFS is going to get money from the federal government and little from the state government that’s going to allow them to — for lack of a better word — profit from this situation.  However, if the child goes to Colorado, that’s not going to be the situation and social workers here won’t have any control “or supervision” and a review of a child placed in Colorado.  We’re going to have actually ask Colorado to supervise the case and, of course, those Colorado social workers are going to be paid for their supervision.  But if we don’t send the child to Colorado, we don’t have to pay them.

This grandfather has been turned down several times and these grandparents are educated people.  They’ve already complained to supervisors at the DCFS office, nothing’s changed.  They’ve complained to the board of supervisors, nothing’s changed.  They’ve complained to the head of the Department of Children and Family Services, the head, here in Los Angeles County, and to my surprise, I am told that he did respond but nothing was done.  So that child today as we talked is still in foster care and not with the either grandparents in Colorado.

Now, let’s imagine this child being taken away from the parents.  Father is in jail, mother is not in jail and we’re heading towards a trial in the case and this child — and it’s been weeks, is living in an area that’s not culturally sensitive to this child and that child is there every day day in, day out.  They changed the school of the child.  What do you think is happening to this child?  And the child knows the grandparents, yet social workers won’t place the child with grandparents.

Now, I tell the story and to people outside of the system, “Oh, that doesn’t happen.  Family first, that could never happen.”  And what I’m here to tell you is it happens, all the time, all the time.  If you’re a relative, you better make sure you contact someone like an experienced attorney in juvenile dependency. You could find them on the internet and get that child placed with you as soon as possible.  Don’t wait because you’ll actually — you know, you think you’re going to get this child later on, it’s not going to happen, not going to happen.

I just took on a case where I represent some relatives in Sacramento who have a child — have two children placed with them.  Well, actually, I take that back, they’re not officially placed with them because the social workers want these two children to be adopted by the foster parents they lived with in Los Angeles County until a very brave judge in Los Angeles County said, “I’m going to place the children with the relative in Sacramento County.”

Now, I’m not sure if that’s happened because I haven’t gotten all the information on the case.  But I was just told by the client that the social workers are insisting that the children have ongoing visitation with the foster parents even though the children are placed with relatives in Sacramento because the social worker and the agency, the Department of Children and Family Services, is still hoping that the children will be adopted by the foster parents.  In other words, they’re going to find some kind of dirt on these relatives to move these children.

People, this is not the first time I’ve seen this happened.  I’ve seen it happened many times over my years in practicing juvenile dependency and it is happening in this country.  And, you know, I think — I don’t remember off the top of my head but I think there’s some type of law or regulation that unless the family agrees, children aren’t supposed to be having ongoing relationships with their foster parents.  Now, granted, in some cases, it might be a good thing but I don’t think it’s supposed to be happening.  And so the relatives in this particular case has hired me to make sure that the children are going to be permanently placed with them and that, you know, they go to the guardianship or the legal adoption process.

So never think that common sense is going to win out in these situations.  I give these examples sometimes and people sometimes they get it, sometimes they’re offended by it, sometimes they don’t get it at all.  But here’s the example, if a social worker comes to your house, goes to your closet and finds that secret hiding place from the closet floor and takes out $10 million and leaves the house with your $10 million, what are you going to do?  Well, what you’re going to do is you’re going to call Johnnie Cochran if he was still alive.  That’s what you’re going to do.  But when a social worker comes to your house and takes your child or your children, what do you do?  Generally nothing.  You go to court, get a court-appointed attorney and if you’re a relative, you don’t even get an attorney because the social worker may be telling you true things, false things or just the wrong things and you hope that or you know that things are going to turn out all right for you.

And then 12 months down and later you find that — 12 months down the road, you find out that it didn’t turn out all right and that a foster parent, probably a very nice family, these strangers are trying to adopt the children and it’s too late for you to step in and get the children back in your care and custody.  You have to treat your children what they’re worth $10 million.  You got to talk to an attorney upfront otherwise, you may lose these children forever.

Two years ago, a relative from Oklahoma, of all places, contacted me to try to get the children or try to get the child placed with them.  And these people had flown out to the initial court hearing in — it was in Riverside County.  The court knew to them that they want a placement, the social workers knew of them they want a placement.  However, the social worker in Riverside decided that the family, the foster family, a young handsome professional couple was a better place than the relatives from Oklahoma.  And when the relatives finally hired me, we had a trial and the judge ruled that it would be not in the child’s best interest to place the child with the relatives in Oklahoma.   And this is like 18 months down the road from when the child was initially detained, I think the child is about two or three years old.

So that child was adopted by the foster parents and lost to the family.  And this is where the social workers knew of the relatives.  Not only that but the social– at some point of the case, the court ordered was called an intestate compact, an ICPC, interstate Compact for the Placement  Of Children in Oklahoma.  And at the trial, the social worker admitted that she had — even though had a court ordered the by the judge and the juvenile court in the Riverside county, the social worker admitted that she had delayed the paper work and that it just sit at, I think the words she used is, “It just sat on my desk for weeks or months or some –” I forgot what she said.  Had she moved the paper work forward, the relatives in Oklahoma would have been approved.  She was a very successful businesswoman, he was the principal of the local high school in Oklahoma so, you know, how are they not going to pass the inspection for the placement of the child.

And by the time the ICPC went through, the children or the parental rights had been terminated, the relatives were really not considered “relatives” because the parental rights had been terminated and the child was adopted by the foster parents.  The one thing I remember my client telling me was something to the effect of, “How could this happened in America?”  And I couldn’t give them an answer.  They had shown up before day one telling the judge and telling the social workers that they wanted the child.  But for whatever reason, the social worker here in California, the Riverside social worker, decided that the child was going to be placed and remained and adopted by the foster parents.

So the question becomes, how can that happen?  I don’t know but it happens all the time.  So relatives and parents need to step up early, step up fast, fight to get these children placed with you.  Parents are generally given a court-appointed attorney, relatives are generally not given a court-appointed attorney and so they’re going to have to seek representation on their own.

Many, many, many years ago, when I first started juvenile dependency, there were some judges that would appoint attorneys for relatives that came forward to try to get children placed with them.  And I think the law was kind of gray on that area.  It wasn’t until the early ’70s I think that  it was ruled by the California Supreme Court that parents were entitled to court-appointed attorneys.  Can you imagine going through this without an attorney?  So having an attorney hasn’t always been the law in California.

But anyways, but today, the common practice says relative don’t get attorneys.  And there’s so much in the code, the Welfare Institution’s Code that gives relatives protection.  How are these relatives can exercise that protection if the social workers have their own agenda?

I was discussing someone recently.  You know, almost at every major hearing, the relatives must be notified via mail by the Department of Children and Family Services.  I don’t think that’s ever done.  And the reason why you have to notify relatives is so that they can come forward, you know.  And we’ve talked about this before on the show, under Welfare and Institutions Code Section 309 — for all the listeners, please Google that, just type in W I C 309, read it and ask yourself, did the social worker do this on your case.  I would bet 95% — and that would be conservative, I bet that 95% of you will say, “No, the social worker didn’t do that.”

What 309 says is that the social worker has to go out and find relatives, make a delegative search.  Well, they barely had the time or the inclination to work the case and to offer services.  They’re not going to go out on some hunt to find relatives.  And I take that, there is an exception for some counties apparently like San Francisco.  San Francisco actually was sued that they weren’t doing this and actually, they lost it.  They actually do that.

I did a couple of cases in San Francisco and one of the things I learned that they did is they — San Francisco has hired an outside company to find relatives that could possibly take the children.  But the other thing that I found out is the script that these people use, this outside company uses is, “Hey, your maternal grandfather, there’s been a juvenile dependency case started and blah, blah, blah, blah, blah.  You’re entitled to have the child — might be entitled to have the child placed with you but you really don’t want that, do you?  There’s going to be economic problems or financial considerations, you’re old, you’re retired, you don’t really want to this again, do you?”

So even though San Francisco, in this particular case, went out and found relatives, they didn’t really encourage placement of the children with them.  And I can only imagine that this kind of script was developed by the County of San Francisco social workers to not  encourage — I won’t say discourage but not encourage placement with relatives especially when those relatives were out of state.  But in San Francisco, there was actually report generated by this outside company of all the relatives, their addresses and telephone numbers I think and the result of the conversation the person had in behalf of the social worker to place the child with the relatives.

That’s not — I don’t know — I haven’t been in every county in California but I’ve been in a lot and you know, that’s the first time I’ve ever seen something like that and I thought it was a great idea except for the fact that they were not — the relatives weren’t being encourage to take the children because you could be a relative and not only not live in the county where the case is happening, like San Francisco but you could live out of — you know, you could live in LA, you could live in any state in the union, you could live in any country in the world and get a dependent child or child under the jurisdiction of the juvenile court, get that child placed with you.

So you don’t have to live in the same geographical location.  On a lot of cases, clients tell me, “Oh, I have relatives but none of them live in Los Angeles County and the social worker told me we can’t place the child in Las Vegas Nevada or in Mexico or in Florida.”  And people, that is not true, that is a false statement of the law and either the social worker is mistaken or the social worker is intentionally misleading you.  I don’t know, but that’s not the law.

So if you have a case in San Francisco County and you got relatives in Riverside County, guess what, they can be placed there easily.  If you have a case in San Francisco and you have relatives in Florida, in Dade County or Miami is, there’s a whole process that has been set up to place those children in Dade County with the social worker in Dade County.  If you have children — a case in San Francisco and you got relatives in Mexico, guess what, child can be easily placed there.  There are Mexican social workers, in the east and they’re called DIF, I forgot what that stood for, Domestic something Federalis.  And in Mexico, well, they go out and check the family out in Mexico and if they get a good report, the children have to be placed with the relatives in Mexico.  So you ask yourself what’s the problem?  And in my humble opinion, the problem is money.  Counties are making lots of money off of these children that they detained.

Right now, I’m going to take a call, that’s area code 323 ending in 07.  Good morning.  Did you have a question to ask or a story to share?

Female:  Good morning, Mr.  Vincent.  I have a kind of question.

Vincent Davis:  Sure.

Female:  I would like to ask you, what would you do when the social worker you communicated with, this social worker by any circumstances like you need something, a paper that I still need to get to you and she responded by she doesn’t have time but that you have to be patient but at the same time, she is accusing you for something that you didn’t do it.  Like, say something to your kid when you speak by — on the phone.  What will be the steps that as a parent you will do at that moment when she’s saying things that are not true?

Vincent Davis:  Okay.  This is I would do and it will of course depends on what she’s saying but generally, what I would advise you to do is I would write an email to the social worker.  Okay?

Female:  Okay.

Vincent Davis:  Because email, people can’t say, oh, you know what — emails are like, you know, they’re digital, they’re — you have proof that something was sent.  The social worker can’t later say, “You never called me.”  The social worker can’t later say, “Oh, you know what, I never got that letter you mailed to me” or “I never got that fax that you sent me.”  You sent it to her email, she’s deemed to have received it.  And at the same time, I would probably send a copy of it to your attorney so that, here she knows what you’re doing.

Female:  Okay.

Vincent Davis:  So social workers generally are not supposed to say, “Hey, I don’t have time to deal with your case.”  In my opinion, that’s a big no-no.  I think it violates some regulations for social workers.  I think it violates the law.

Female:  I know that because I know you — since I find my situation, it’s a long story that’s why I don’t  share right now .  It’s a long beginning and it’s too long.  And I did that.  I follow your suggestion.  I always listen and I always apply what you said and I asked her email which I do have it.  But they always say, “Don’t email me.”  So I can go — not listen to them and send the email because I have their email but this is the second social worker that I had and she’s been telling me, she sent me email like the many others who sent the bank email, but she said, “Don’t sent me anything because I don’t want to get in trouble.”  She already said it.  She has communicated with me by phone and…

Vincent Davis:  Okay, so.  So this is what you do.  This is what you do.

Female:  Okay.

Vincent Davis:  You keep emailing her.

Female:  Okay.

Vincent Davis:  And then because in LA County, there was an order made in LA County I think it was by the board of supervisors.

Female:  Okay.

Vincent Davis:  But I saw this matter that all social workers required to give the parents their email address.  And you know, and still some counties…

Female:  They don’t do it.

Vincent Davis:  They don’t do it?  But in LA, it was ordered that they’d do it.  And why don’t they want you…

Female:   I’m in LA.

Vincent Davis:  They don’t want you to do it because now you actually have proof that you had questions or complaints or that you needed services and they are now put on notice that they have to give that to you and if they don’t, in some circumstances, you can subsequently sue them in the court for some type of  civil rights violations or you will have proof that in this particular case, they haven’t provided you with family reunification services in order to put your family back together.  So what I would do — I had a client, she’s still a client, who got the addresses of the social worker, the social worker’s supervisor, the supervisor above that, the deputy, the assistant regional administrator and the regional administrator and then to the head of the DCFS himself, I forgot his name.  She had a chain of emails going up, then guess what?

Female:  What?

Vincent Davis:  She got — eventually, after many, many emails, she got satisfaction.  She got things done on her case.  The social workers were supposed to have a hearing…

Female:  I think that’s what I need to do.  You’re right.  That’s…

Vincent Davis:  That’s what I would — that’s what I’ve…

Female:  Okay.  So, yeah, because I’m facing a lot of trouble.

Vincent Davis:  So that’s what…

Female:  You’re right.  Okay.   So I will email and I will turn that back.  I will not follow what she’s saying not to email.  Because just like now that you — just like she’s just violated everything.  She said one thing not to talking — dealing with one of my kids speak, she wants me to speak my natural language which is Spanish.  But I have a kid who only speak English and I’m like, “Is she able to do that?  Tell me what language I’m going to speak with them?”  I think that’s my right, I mean — but I don’t know what to do.  I mean, I’m like, I stay quiet but I know you can help me because I have to but I just want to share that I’m facing that [0:50:47 inaudible] we can do.  Thank you so much, Mr. Vincent.

Vincent Davis:  Thank you for calling.

Female:  Okay, thank you.  Have a good day.

Vincent Davis:  So that was an interesting call about getting things done with the social worker.  You know, unfortunately, I would say that the vast majority of  social workers, it’s not that they don’t want to help you, although that sometimes is the case, it’s just that, they’re overworked and underpaid and they don’t have time to help you.  They’re busy putting up fires like other professionals in their business and unfortunately, I don’t think there’s enough social workers to service all of the families and to do what really needs to be done in situations where people really need a lot of work.  This lady probably has a case — she has a case against or with the Department of Children and Family Services in Los Angeles.  And you know, when you get really down in the details, there’s probably a lot of services and a lot of things the social worker needs to be doing for this family and probably the social worker doesn’t have the time or the inclination to do it because it’s not her only case.

And you know, a lot of times I find that this is done because the social worker may not be of, I don’t know, the right character, maybe a little been [0:52:26 inaudible].  I could imagine there might be personality disputes and conflicts between the worker and the parents or the social worker just doesn’t have the time because she’s overworked and underpaid or a little bit of both.  Who knows?  But this is what happens, about that old saying that my grandma used to say, the squeaky wheel gets the oil.  So like this last caller, you’re going to have keep calling and you’re going to have to keep emailing because email provides digital proof and lasts forever, you never lose it, you always got a copy of it and the great thing about email that it’s automatically date stamped and automatically time-stamped.  What better evidence that you try to contact the social worker to get things done?  It doesn’t mean they’re going to do something but at least you have evidence if it ever comes up in court.

For the last few minutes, I’m going to talk about the third — which is actually a first tier of the purpose of the show and that’s keeping families together and fighting the tyranny of CPS workers and DCFS workers.  So one of the things I used to do many years ago is I used to take on civil right lawsuits against social workers.  In a lot of situations, social workers violate the civil rights of the parents and family members.

And then for many years, I stopped doing it and then a couple of years ago, very famous attorney in California calls me up and I don’t think I was his first choice, to be honest with you, but he was in a bad situation and he was in a trial and he was about to start another trial and he had taken on a case for a mother who have foster kids via what he believed was the violation of her and her children’s civil rights.  And he was like, “Vince, I need you to do me a favor, I need you to take this case, file it,” because the statute of limitations was only maybe a couple weeks, two or three weeks away.  And, you know, my response was, “Wait a minute, you don’t want to take the case but you want me to take the case?”  Because most of these cases are done on the contingency fee basis and he said to me, “Oh, it’s a really good case blah, blah, blah, please do me this favor, I’ll assist you.  I’ll help you in whatever you need.”  So I did file it — I met the lady and so, you know, kind of felt sorry for her and we took the case.  And we ended up working up the case, got what I will call several lucky breaks.  A couple of times, we had to make our own luck and we got a great result for the client and their children.

As a result of that, I’ve been getting a lot of calls to do these types of cases.  So I started up again representing people and we found most of our cases in the federal courts civil rights violations against social workers.  And now, it’s getting to the point where people from other counties are calling me and asking me to do cases.

I’m about to file a case for civil rights violations by a social worker against the mother in Sacramento County and a couple of other counties, we’re considering taking cases because some of these things, I mean, we don’t have enough time to talk about each case in general, but the conduct of the social worker is outrageous.  I mean — and I’m not saying all social workers are bad, please, I’m not saying that.  There’s a lot of good social workers, there’s a lot of social workers that care but social workers are like people, like police, there are a lot of good ones, there are bad ones and there are some in between.

So one of the things that you can do and you should do is you should consider — if your rights have been violated and if they have, you should — if you think they have or if you don’t know that they have been violated, you should talk to a competent attorney and you can Google and find those types of attorneys.  So, we, at our office, we not only will represent you in trying to get your children back to you in juvenile court, we’ll also represent you in federal court if you want to file a lawsuit against social workers for civil rights violations.  So you should always consult with an attorney.  Most attorneys give those consultations for free and you can find out what type of case you have.

Sometimes I talk to people and they think they have a multimillion dollar case and they really don’t but they do have a case and sometimes I talk to people and they don’t think they really have a case and it turns out, in my opinion, they have a multimillion dollar case.  So you really have to talk to an attorney and figure out, you know, how or if you really want to pursue the matter.

I represented some people in Orange County who I think have a great civil rights case in there.  They really don’t want to pursue it and there’s nothing I can do about that.  They just don’t want to pursue it, they’re done, you know, they’re tired of the whole court system.  They eventually won and their child is with them.  They don’t have faith, they don’t have faith in the judicial process.

So, we have less than minute left to go and I hope to my listeners like this new format.  Email me at v@vwdlaw.com if you have any comments about the case, excuse me, about the show and email me as well if you would like to have some type of consultation regarding your juvenile dependency case, your case in juvenile court or your civil rights case against the social worker.  You can email me at v@vwdlaw.com.  You can also call me, my office is open even today at 888-888-6582.  Leave a message or schedule a consultation over the phone or Skype.  So I’ll talk to everyone next Saturday.  We’ll see you on the radio.

Leave a Reply

Your email address will not be published. Required fields are marked *