Legal Question in Family Law in California

Beware of CPS - They are not your friend: Part I

You ask what you can do about protecting your family from CPS. You are asking this question at the right time. If you can afford it, send your child to a private school that does not see itself as an adversary to parents. Christian schools are often in this category. You probably don't have a lawsuit at this time. (Fortunately, in my opinion; you would have to endure excessive grief and distress to warrant a lawsuit award.)

First, there are three groups of people in our society that you cannot trust if you have minor children. The first is social workers. The second is health care personnel. And the third is school personnel. The reason for this is that they are all mandated reporters under federal and state law. They are first the agent of the state. They are second protective of their OWN liability for NOT reporting abuse. They are third in relationship to their client/patient/student, your child. They are finally in some relationship with you that begins with an underlying suspicion about parents.

You need to do several things to protect yourself from the "idiotic school", as you say. I would caution you to avoid indiscrete comments (such as "idiotic") to these people. They can make your life miserable if you irritate them. And they see themselves invested with a holy mission to protect children.

Get you child's records. One of your first sources of rights comes from FERPA, the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, found at http://www.edlaw.net/statutes/ferpalaw.htm. The regulations implementing that law, 34 C.F.R. Part 99, are found at http://www.access.digex.net/~edlawinc/ferpareg.html. See also the EDLAW site for other school issues. http://www.access.digex.net/~edlawinc/index.html.

Beware of CPC - They are not your friend: Part II

Do a public records request to the school for all rules, laws and regulations that apply to release of school records to you and of your ability to correct the records.

Research CA law on school and records. (This website has an excellent legal research section.) From my dealings with the CA CPS, which is worse than the WA CPS; you may not be able to get CA CPS records as we can here. See Accused.Com at http://www.accused.com/contents/briefs/ for a list of school records to request.

Check out VOCAL at http://www.vocal.org/mainindx.htm. They may know of an attorney in your area, as may Patrick Clancy at Accused.com.

Another thing to do is to talk to the principal regarding your son's teacher's inappropriate inquisition. It might not hurt to take a credible friend to listen while you talk. (And keep quiet him/herself) You may wish to read ahead of time Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, located at http://www.apa.org/books/jeopardy.html. By Ceci and Bruck, this book represents the current research on interviewing children. (It and other good books and resources can be accessed through the CPS pages on my website.) Another resource linked from my site is the IPT affidavit library, one of which is entitled: Affidavit regarding major changes in professional opinions concerning the susceptibility of children to suggestive and leading interviews at http://www.tc.umn.edu/nlhome/g012/under006/Affidavits/newevidence.html.

If you get no satisfaction from the principal, there may be some good people on the school board on in the legislature.

Beware of CPC - They are not your friend: Part III

Also, politely but firmly ask the principal why you were not notified of your son's behavior problems earlier. Tell the principal you wish to have

Finally you need to do some preventative measures with your son. When you see bruises on him, as every child will have, ask him where he got it. He will then have heard himself say it and will be more likely to say it again if asked. You also might tell the principal that you want any interrogation of you child done in your presence or be videotaped.

Take notes on or record his comments to you about his teacher's inquisition.

Notwithstanding my comments about medical personnel, develop a good relationship with your son's doctor.

Another thing might be to write a letter to the school about the teacher's inquisition of the child. Also write a separate statement for all inaccuracies in the school record and ask the school to place it in your son's record in proximity to the original which you are correcting.

These are all only suggestions. You need to determine for yourself what is necessary. Remember, don't antagonize these government agents. They will turn on you with a vengeance. Always be polite. Always be firm. And always know your legal rights and their legal limits. I wish you the best.