Use Them Or Lose Them

       This entry is going to be one for debate. We are going to discuss more on the right to record.       So interestingly enough the Va Code  Here , says you have the right to record a CPS worker if  they are made aware. However the Va Code  Here , you only need the consent of one party to record. And that party is allowed to be yourself.      Federal Laws have not fully addressed specifically outlining the absolute right to record a Social Worker in the same manner they have with police. However if you take a gander at this page -  Heritage Defense , they say general it is but may be restricted by some state laws.           As we are talking specifically about Virginia right now, it leaves to debate which law would be taken into effect in a situation with a caseworker. Also recently the admittance of recordings into court has changed. As of 2023 Virginia recording laws states -...

      Unfortunately for most, we don't know our rights before that dreaded knock on the door or call comes from a CPS worker stating they have a report to investigate and end up in the clutches of "doing what they say." It's stressful to say the least and often times parents find them selves "founded" by CPS for neglect or abuse.      A lot of people don't realize that the standard of evidence needed for these investigations are not the same as in criminal proceedings. As the CPS findings are considered administrative the scale they use to deem someone founded is on a much much lower standard than that of "real" court.      Most agencies operate on the  preponderance of evidence standards. Which means that only 48% of what is said needs to sound like it could possibly be true.   Doesn't seem fair or right does it?     In Virginia being founded for abuse or neglect comes on a level scale i.e. Level 1, Level 2, Level 3 and s...

 In the prior years Virginia did not have an Ombudsman for children in the state. Recently however we have an Office of the Children's Ombudsman conducts outside investigations into complaints against  the Department of Social Services.  The office investigates complaints regarding whether or not the local agencies are following policies and laws when conducting their investigations and cases.  As it stands in Virginia the Ombudsman only has the authority to investigate, and notify other channels in the state as to whether or not these policies were followed.  I highly suggest if you or someone you know has dealt with unfair/illegal practices when dealing with the Department Of Social Services CPS that file a complaint within the office.  I did not even know what an Ombudsman was until after my children were gone.  In terms of "reporting" the usual process of reporting is first to the Supervisor of your caseworker, then to the local department head, th...

 This Post is going to be listings of Virginia DSS Child Protection Services Manuals.  It's important to read these.  These manuals will help you figure out the way CPS navigates and what they are suppose to be doing so you can access and determine if they are following the practices outlined to follow.  Virginia is a state that is State Ran but locally operated. Meaning the states hand down their guidelines and the local departments decide how to implement these guidelines. Which can get very confusing in that Virginia has 120 locally operated DSS' in the state.  Here are the links to the Virginia CPS Manuals.    INTRODUCTION TO CHILD PROTECTIVE SERVICES    DEFINITIONS OF ABUSE AND NEGLECT   COMPLAINTS AND REPORTS   ASSESSMENTS AND INVESTIGATIONS   OUT-OF-FAMILY INVESTIGATIONS   CHILD DEATHS   APPEALS   JUDICIAL PROCEEDINGS   CONFIDENTIALITY   SUBSTANCE-EXPOSED INFANTS   SERVICES   I suggest ...

 One of the most major overlooked rights that we all have not only just in Virginia when dealing with CPS workers, but across the country is the right to record.  This means that ANY AND ALL interactions with DSS/CPS CAN and SHOULD be recorded.  Do not trust that it is an agency and must be transparent and honest.  In Virginia you are suppose to be notified of the right to record.  However this rarely happens and most often times recording results in CPS workers not wanting to interview.  For those in Virginia you can find the "Va Code" on that here  § 63.2-1516. Tape recording child abuse investigations. Recording is very key in these cases. Often times rights are violated and there is no proof it occurred because the right to record was never brought up to the accused.  This being said you do not have to communicate with this department and you are not required by law to open the door and let them in.  Unless they are there with a court ord...

  Welcome to Use Them Or Lose Them, a site being made to help you know and learn your rights when dealing with the child welfare agency known as Child Protection Services. This site will be starting Virginia based, but will be slowly expanding to help cover all of the United States. There is a stigma that this Agency is "always right" when really they use parents not knowing their rights as a way to violate and take their rights away! We will be aiming to help reduce that by education. As they say knowledge is power, and knowing how to use your and protect your rights before you lose them is extremely important! Thanks for Joining Us and check back soon/regularly for upcoming updates and information. **** NOTICE***** This Blog is intended for EDUCATIONAL purposes ONLY.  This Blog is in NO WAY giving or rendering any legal advice.  This Blog is simply to educate people on rights under not only DSS Policy but also any laws or rights you have along the way.