Vincent Davis: Good morning. This is Attorney Vincent Davis and you’re on Get Your Kids Back Now Talk Radio show. This show is dedicated to keeping families together 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 the federal levels. Let us reunite, vote and elect those who will make the necessary changes to keep our families together.
Good morning. This morning, I’m broadcasting from an Orange County studio and we are have a lot to cover this morning. I want to talk about criminal backgrounds and the need to have a criminal background check if you were involved in a DCFS or CPS matter.
First I want to tell you that what’s in the statute and I want to tell you what policies and procedures are of social workers and how those policies and procedures somehow conflict or sometimes conflict with what the law is and whether this can be used against you.
I’m currently involved in a case and the social worker has placed the children with relatives. The social worker required all of the relatives to fingerprint or what they call live scan and to make sure that they didn’t have a criminal background. This is required by law so relatives or close family friends who want to take care of children and perhaps or want to visit with children or do activities with children have to be live scanned or finger printed.
There is no requirement for a parent to live scan or fingerprint, in my opinion, in the code. So in this particular case, my client will not subject themselves to being finger printed. In that case, the social worker is trying to use that against him and it seemed that the judge was also a little concerned but I brought up to the court that there is nothing in the law that says the parents has to do a live scan. Now, the social workers will always tell you, you have to do a live scan even if you’re a parent and I always take the position with my clients and it’s not required. That’s not in the law. Nowhere in the law that said the parents have to do it.
Some people argue, well the State of California and its legislature overlooked that and forgot to put in that parents have to take a fingerprint and live scan. However, I argued the exact opposite, they did put it in specifically because they specifically require it of relatives, of foster parents and of close family friends who take care of children but they didn’t include in for parents. And I think it’s a privacy issue and it’s a privacy issue that social workers, in my opinion, should respect and that judges in the juvenile court system should also respect.
Right now, I’m going to take our first call. It’s from area code 562, ending in 48.
Daniel: Good morning. How are you this morning, Vince?
Vincent Davis: Good morning. Good. How are you?
Daniel: This is Daniel. Yeah, I went through the whole thing with the live scan deal and I belong in the project fatherhood and when I had mentioned it in there, they said they never heard of a parent, father having to live scan like that and fingerprints. And several of the other guys had to do the same thing.
Vincent Davis: You mean, they had to live scan?
Daniel: According to the social worker.
Vincent Davis: Right, according to the social worker.
Daniel: They have to live scan, you know.
Vincent Davis: Yeah. Well, that’s — and the social worker is telling the parent what the social worker believes is required under the social worker’s policies and procedures but it’s not required by law and you can refuse to live scan if you’re a parent just like you can refuse to give your Social Security number, there are federal privacy…
Daniel: Yeah, that’s really interesting, you know. I went to live scan place, a legitimate place. I paid 60 bucks and when I had to do, I did that because I’ve heard it — they had mentioned that. And when I went to DCFS office, they said, “Oh, no, that’s no good here. You have to go through our live scan services which is free.” So I don’t care, I would have done it and save some money had I known but this seemed kind of worried to me.
Vincent Davis: So, Daniel, you’re a parent, correct?
Daniel: Yes, I am.
Vincent Davis: And the social worker kept insisting that you had to live scan, is that correct?
Daniel: Yes. They did, yes.
Vincent Davis: Okay. All right. And you went ahead and live scan for them?
Daniel: Yes, I did. Further in my mind, I’ll do what I have to do to get my child back and this is what they’re telling me their requirements are.
Vincent Davis: Well, I mean, that [0:05:47 inaudible] you could have done it. Why don’t you tell our listeners a little bit about your case?
Daniel: Okay. In March of 2013, my child was taken from me because she was born on substance, she’s has met in her system and her mom was warned about this and they said, “Give back your child to a relative, your mom or the baby’s father and she said I want the baby’s father to have my daughter. So she handed my daughter to me. I had her for like two weeks. Social workers were knocking on the door. They want to question me about allegations and I said, “What allegations? What are you talking about?” And so they said based on what they know, they would have to take my child. So I told them, “You know what, I’m going to do what I have to to get my daughter back.” And I did my homework, come to find out I had to drug test for five months, I had to do five months of parenting, I had 8 months of individual counseling, I had 7 months of family preservation, I’ve had two years for project fatherhood and they were asked if I do a 730 evaluation. I did that. They said, did I came out — was too defensive and they asked me to do another 730 evaluation right when I had did that. This was over 27 months.
Right now, I’m in the review stage. I’m supposed to get my daughter back June 17th. Her mother has been in present. She’s been present — going to be present supposedly for four years. She’s been about a year, year and a half. But now I read that the thing is they’re going to — my daughter is going to be with me but there’s a possibility that when the mother comes out, it could be some kind of joint custody. Her rights were supposed to be terminated. But the social workers tell you so many different things that aren’t true and it’s frustrating sometimes. So that’s where I’m at with this whole thing and I have to keep reminding them, it’s not about me, it’s about my daughter. I want to make sure that she has a good life, good childhood.
Vincent Davis: Right. Well, Daniel, you mentioned something interesting, mother had given you the child but the social worker came to you and took the child away from you, is that what you said?
Daniel: Correct. Yes, she was with me for two weeks and then she was taken.
Vincent Davis: Well, when she was taken, did the social worker have a warrant or a court order to take the child?
Daniel: None at all. None at all. You know, I tried to cooperate and I don’t know the law and I didn’t know — you know, I wish I had an attorney with me at that time because they were kind of insinuating, well, the mom [0:08:52 inaudible]. By the way, the mom and I had split up because she had a drug problem but they figured the mom has a problem, the father has a problem, [0:09:00 inaudible].
Vincent Davis: When did they take your child? What month and year was this?
Daniel: March 10th of 2013, no, ’14, I’m sorry, 2014.
Vincent Davis: And you sure they didn’t have a court order or a warrant?
Daniel: Oh, no. I don’t know. No, I don’t know.
Vincent Davis: Did they take you to juvenile court?
Daniel: It took a long time. I don’t know, I can’t remember, probably it must be March. I think it was April or May of that same year that I went to Monterey Park and they had my daughter in foster care. They promised the foster parent they would be able to adopt my daughter and my mom and my sister, two separate family households, they went live scanned and did everything they were supposed to place my daughter in their care temporarily and it never happened for 13 months. And that’s when I find out about the Child Welfare Act that I downloaded the paperwork off their website and walked it over to him and I handed it to him and I said, “You guys need to move my daughter to my mom or to my sister’s house right away and they did.
Vincent Davis: So you handed them papers that were from my website. So when he saw it, he saw it was from my website.
Daniel: Yes. I saw that and it’s said Child Welfare Act Section 309, the social worker must do their due diligence to place the child with friendly family members and, you know, I saw that, download it and went over personally hand it to the guy. But I had been asking him this through the whole case, “When are you going to move my daughter?” “Oh, well, you know, she’s in a safe place with these people and they don’t want to rock anything. Sure, she’ll be coming home with you pretty soon,” and just never happened. Actually, I told him she would come home with me April of 2014 that they were going to close the case. But they kept dragging it out all this time.
Vincent Davis: You know, I want to — because that’s a big lie they tell you, “Oh, wait, we’re going to give the child to you very soon.” But Daniel, I want to make something clear in my mind, they took the child away from you March 14th 2014, is that what you said?
Daniel: Yes. Yes.
Vincent Davis: And you didn’t go to court until April or May?
Daniel: Yeah, it might even [0:11:49 inaudible]. I’ll have to go through my paperwork. It wasn’t through March, it was a little time.
Vincent Davis: Before you went to court?
Vincent Davis: The reason why I’m so surprised is because you’re supposed to be in court within 48 hours when they take your child.
Daniel: That did not happen. They just told me they got too many cases and I’m another person in the line.
Vincent Davis: That’s incredible, Daniel. Daniel, I would like you to call my office, set up an appointment and we would have to talk further about this because you may have claims for civil rights violations, not only claims of yours but claims of your relatives and claims of the child.
Daniel: Okay, that sounds good. I have documented everything, every trip that I made up to [0:12:42 inaudible] to visit my daughter, every penny that I spent, every bit of time and, you know, I made a 178 trips up there through the whole process, courts. Any time I talked to social worker, I wrote down what he said and whatever he wanted — I documented everything. So I have all that paperwork and I’m going to bring everything with me.
Vincent Davis: Thank you, Daniel, and thank you for calling this morning. I appreciate it.
Daniel: All right. I appreciate you. You guys have done a great job helping my family and I want to thank you so much and have a great day.
Vincent Davis: You, too. Bye-bye. The next call I’m going to take is from area code 916, ending in 91. That’s 916, I believe that’s Sacramento County.
Female: Hi, my name…
Vincent Davis: Good morning, you’re one with — go ahead.
Female: I am going to go by Sara, that’s my name. I contacted your law office yesterday and I have every intention of hiring and retaining your law office for my attorney, okay.
Vincent Davis: Thank you.
Female: I had — oh, I have to. I have a court-appointed attorney right now. My court-appointed attorney is not advocating for me. She is not presenting evidence to the court. I mean, my daughter — me and my husband who are now separated. In the process of getting a divorce, he is engaged to another woman, got into a physical altercation. He was arrested for beating on me. My child was removed out of my care and custody. They felt as if I was not able to safely project my child from domestic violence. I’ve completed two domestic violence program for prevention on how not to get beat up. I’m in the process of completing my third one now. I have completed two parenting classes. I’m in the process of completing my third one now. I’m in counseling. I’m in therapy. Everybody is advocating for me including my family saying I’m benefiting. I’m doing a great job. I’ve made so many changes.
The social worker comes to meet with me in the month of March and says, “I’m going to give you unsupervised visit. We’re going to progress your case because you’re doing so well.” We go to court in April and it comes out so completely different. She’s not recommending supervised visits because of an incident that I had with regards to my son. We were arguing. My 19-year old son and I were arguing in the car. I pulled over. We were arguing about me using my phone while driving. In court, they asked me yesterday was I texting on my phone on the freeway and the truth is I was not texting while on the freeway. The truth was I using my phone on the freeway. There’s a different. I am a certified paralegal that has never used my certified, so I have a little bit of legal knowledge. I was taught when answering a question, you answer it honestly. If you ask, did you text, the answer is no but I was on the phone.
So the judge finds me continuing to be not credible and lying in the court. Okay. So I went to trial yesterday. The other allegation was I forged an email. My friend called me and witnessed my husband in another domestic dispute with another female that’s not his fiancé in Wal-Mart in November 2, 2015. I advised my friend, “You need to report that and bring that to the social worker’s attention.”
My friend did not feel comfortable because she had a history with my husband as well. He’s been very violent, slashing her tires, very abusive to her. So when the incident occurred, when the social worker in March, we went to — she said in March she’s going to allow me unsupervised visits and eventually my baby would be placed back in my home.
In April, she says one thing actually wrote out a plan that the baby is coming back to me, aware of the incident that occurred between me and my son in February with regards to us arguing about text messaging, phone calls on a freeway. She still was recommending unsupervised visits but when she gets to the court, the papers, her court report says entirely different. Okay. We continued to go to court because my husband is fighting for custody for the child to be placed back with his care even though he’s with a new female which he has a history of domestic violence with her. My husband has some extensive history with regards to domestic violence and cruelty to children, convicted criminally.
I have a history, long history of CPS cases, child dependency cases. When we go to court yesterday, there is the issue of my friend reporting the argument or domestic violence that she witnessed at her job in Wal-Mart. The social worker wrote in her report that the friend says she’s not aware of the email and it is a forgery on my part. My friend said, no, wait a minute, I never said you forged an email. I told her I didn’t — she asked me that I write an email in September and I didn’t write no email in September so I told her, “No, I didn’t write an email in September, I wrote you an email in March.” And everything that is in the email is true that I witnessed.
So I got a notarized statement from my friend to present in court because they’re saying I forged this email and I’m not credible, I’m a liar. So anything that comes out of my mouth, I’m lying and I’m not credible. I’m benefitting from services, I’m actually doing great but I’m not credible. So I got a notarized statement from my friend and she doesn’t present it. The attorney only asked me one question, “Were you texting on the freeway?” And the answer was no. And she said, “No further questions.” And I’m like, “Wait a minute, there’s a whole bunch more to address,” but you know, you can’t get out of order in the courtroom because it looks manipulative and controlling. You look out of order if you try to present your own defense, if you try to advocate yourself.
So my attorney did not present the evidence of the call logs which would have showed that I was actually on the phone and I wasn’t texting on the freeway, I was actually on the phone on speaker phone with my sister for 20 seconds. My sister wrote a statement saying she was on speaker phone for 20 seconds. That wasn’t presented in the court. The letters from my therapist and my counselor are not given to the court and this notarized letter from my friend stating she sent the email is not in the court.
My friend does not want to come forward and testify in court due to fear. This man is psychotic, very psychotic. There was allegations of molestation. And the agency did not — his own girlfriend reported, his current girlfriend, one of is current girlfriends, my husband’s current girlfriend, reported molestation to me in 2014. I gave the information to the social worker in 2015. It was not even investigated or looked at until 2015 which it would be April of 2015 the matter was looked into by simply calling three family members and one of them admitting to yes there is allegation of molestation.
Two people have came forward saying there’s allegations of molestation and they find that it is a cloud over my husband’s head because it’s not being able to be proven because of the lack of investigation regarding this matter.
Vincent Davis: Couple of questions.
Female: Yes, please.
Vincent Davis: What county is your case in?
Female: I live in Sacramento County and the case is in Ventura County and yesterday was the trials to have the case transferred to Sacramento. The baby lives in Sacramento, I live in Sacramento, all of her — the baby and my support team, her siblings, her aunts, uncles, everybody lives in Sacramento, California. The only person that lives in Ventura County is her father which is my ex-husband. He’s the only one that lives in Ventura. I am not being given all my services, like I had to find my own therapist, I had to find my own counselor, I had to find my own domestic violence classes, my own parenting classes. I have to do everything on my own because they don’t — Ventura County does not have a contract with Sacramento County.
Vincent Davis: Well, let me ask you this, when is your next court date?
Female: Well, they have an interim and I don’t know what that is, like I said I’m a certified paralegal that’s never used my certification. They have interim July 5th or no I’m sorry, July 6th which is basically the recommendations of the court. They did what was good about yesterday’s court. My baby is only one year old. They said due to my daughter’s age, they usually adopt the child out. But due to the fact that she stays at me and the father have done extensive services, there is minimum benefit or proof that my husband is benefitting from services on his part. However, there is significant benefit on my part but yet I’m still on monitored visits.
Vincent Davis: So when is — after the interim report, when is the next court date and what type of court date is it?
Female: It is the year review.
Vincent Davis: The 12-month review?
Female: Oh, I’m sorry, it’s 18-month review in September.
Vincent Davis: Okay.
Female: And I want to see it’s going to be the big…
Vincent Davis: Where is your child placed?
Female: With my mother in Sacramento, California.
Vincent Davis: Do you get along with your mother?
Female: Yes. Now, yes, within the past five months, yes, we do get along very well. I can see my daughter anytime I want. She’s writing letters to the court supporting me. The father does weird things at the visit when he’s visiting with my mom. My mom is reporting it how he wants to keep changing the baby’s diaper even when the baby is not wet, even when she hasn’t soiled herself, he wants to keep changing the diapers and my mom is telling the court, “Hey wait a minute, there’s a concern here. There’s a concern with this guy wanting to keep changing. And at this point, I’m refusing, as her care provider, I’m refusing to allow him to change her diapers and if you guys don’t like it, oh well. You guys going to have to remove this child out of my care and custody because I’m protecting this child from this man keep on changing her diapers.”
Vincent Davis: Did you participate in all the court order, the family reunification programs?
Female: I’ve completed on top of adding my own. I’ve completed two domestic violence programs and that I’ve completed two counselings, I’ve completed two parenting classes. I’m working on and I presented certificates to the court and I’m — the counselors are all saying she’s benefitting, she’s done a turnaround. I had issues of making impulse decisions, manipulating and controlling. Due to my impact from domestic violence —- every other week was beating on me, putting guns to my head, telling me, Bee, you’re never going to leave me. And they say…
Vincent Davis: Ma’am, would you do me a favor?
Female: Yes, sir.
Vincent Davis: I would like you to call my office today. There’ll be someone there after 9:00 AM and you can reach them at…
Female: Oh, I’ve already talk to Carrie.
Vincent Davis: Okay.
Female: I’ve already got your retainer information. Like I said, I have every intent on hiring you as my attorney.
Vincent Davis: Very good. There’s a lot of things that we can do to try to get the child back to you and one of the things is that we will immediately file what’s called a 388 petition to either have the child return or to liberalize your visitation from monitored to unmonitored and to try to get you overnights with the child isn’t returned to you. So let’s get that rolling and call Carrie on Monday and we’ll start on your case immediately. I want to thank you for calling us this morning.
Female: I do have a question. Do you guys have any programs or any services with regards to assisting parents with the retainers?
Vincent Davis: We don’t.
Vincent Davis: Mainly because the State of California, the general rule is that a lawyer can’t assist the client in financing its case, the client’s case.
Female: Okay. Well, I know some attorneys do pro-bono or payment arrangements or something like that and…
Vincent Davis: We have — our office does pro-bono but we have a limit of 10 pro-bono cases at any one time and right now, I think we have 12 pro-bono cases. So we’re over our limit on that. And in your case, in your particular case, since we’re in Southern California and you’re in Sacramento, there’s no way that we could do it pro-bono. The travel cost alone is going to be significant.
Female: No, no, no. The case is in Ventura County, you are in Ventura County.
Vincent Davis: Oh, I thought you said it was in — no, well, we have an office…
Female: I’ve been traveling. I’ve been traveling to Ventura Country. We’ve been attempting to transfer — the social worker requested that the case be transferred to Sacramento because the child is here, her support system is here, the mother is here. The only person that’s in Ventura County is the father and the judge said pretty much no. And the child’s attorney is actually for the father and the father has a private attorney, some Johnny Cochran, excuse my French, but who is doing a dang good job advocating for his client.
Vincent Davis: Do you know who the father’s attorney is?
Female: Michael Randolph.
Vincent Davis: Michael Randolph.
Female: Michael Randolph — yes.
Vincent Davis: I know Michael Randolph.
Female: Well, let me just tell you, he is…
Vincent Davis: Michael Randolph’s office is in Lancaster, California and I’ve known Michael probably 25 years.
Female: I got to tell you this, he is doing a great job advocating for his client. He is doing a…
Vincent Davis: You know, I will tell him that you said that.
Female: Don’t say that because I don’t [0:31:13 inaudible]. After the case is over you can say that.
Vincent Davis: Okay. But if we get on the case and represent you, it’s going to be a battle royale.
Female: Well, he is doing a great job advocating for his client and my social worker — my court-appointed attorney is not advocating for me at all. So can you a little bit of legal — what — other than the fact of retaining — okay, I do have a question for you. I just gave you a whole bunch — I just verbally vomited on you but I didn’t ask no question. So my question is this, how much — I am in the process — I’m a commercial truck driver now, I get paid about $3,000 a month. I am pretty much eating peanut butter and jelly sandwich, not getting my nails done. I’ve cut — basically, my daughter is valuable to me, the most valuable thing in my world so I’m not — I’m making every complete sacrifice to come up with $7500.
So with regards to — how much notice or once I — how much time do you need to review the case and put together your defense to truly advocate for me? Because you’re going to — the court date is in — I got two court dates, one is an interim in July. I don’t believe I’ll have the complete funds by then but I know I will by September. How much time do you need to get caught up up to speed without having to continue the court case?
Vincent Davis: Probably about two or three weeks.
Female: Okay. So prior before my court date, I need — now, how do you get the file? Can I contact my current attorney and say, “Hey, I’ve retained Vincent Davis.” My name is Davis as well, I want to let you know that. My last name is Davis too and so is my husband’s last name Davis so this is going to be a whopper. So once — you need at least…
Vincent Davis: I have to warn you about something.
Female: Yes, sir.
Vincent Davis: If that all possible, do not wait to retain me because I told you I know Michael Randolph, okay? I’ve known him for years. He is going to work that case in getting the child released to the father before you even get me on the case and then it’s going to be harder for me to get you the child back. So you need to be filing your 388 now.
Female: But I don’t have the money to retain you yet and I have all my friends and family asking.
Vincent Davis: You know what, call our office Monday and talk to Carrie’s supervisor. His name is Burt Johnson. Maybe he will work something out for you. I want to thank you for calling this morning.
Female: Okay, thank you.
Vincent Davis: I have to move on to other callers. Thank you. Bye-bye.
Female: Got you. Have a great day.
Vincent Davis: Okay. The next call I’m going to is area code 909, ending in 19. Good morning, you’re on with Attorney Vincent Davis.
Richard: Good morning. This is Richard.
Vincent Davis: Hi, Richard. Did you have a story or question you wanted to ask?
Richard: Actually, I’m on this talk show today because I was invited by one of his staff members. I actually emailed your services on Thursday night and got me a response Thursday night and I read your book. Now first up, I’d like to thank you so much for having me on your talk show and to let you know that I feel so privileged and honored to be speaking to you. What you have in your book is incredible. It’s exactly everything I’ve been going through.
I am the father of — go ahead.
Vincent Davis: No, I was going to say thank you for that compliment.
Richard: Well, you’re welcome, you’re welcome. I hope to someday meet you soon.
Vincent Davis: Okay.
Richard: I live and reside in Southern California.
Vincent Davis: All right. So you said you’re the father of?
Richard: Five children that were taken from me in August 2015. I’ve been dealing with Children and Family Services since the birth of the eldest boy in 2011. Because I didn’t know my rights, Children and Family Services took my son in 2011 from the hospital and kept them in foster care for nine months before I was ever allowed to be given him to my custody. Through that whole process, I did everything they asked of me, domestic violence class, parenting, fatherhood, anger management, individual counseling and [0:36:37 inaudible]. Doing that while working full time in a management division, a salary position and also visiting my son twice a week. I was traveling from San Bernardino to downtown Los Angeles to do the classes to Victorville to do the visits. All those happening seven days a week. At that time, I was dealing directly with the foster parents.
So the first four children — Children and Family Services was involved at every one of their birth. Once I realized and understood my rights after my son, then the following three children came home directly to me because I understood what my rights were. And I still had to go through the process of having Children and Family Services involved but with my first four children, I was able to complete everything that was asked of me and basically close the cases.
Once my fifth child was born, I also took him home. Prior social workers that I have dealt with, I always had a very good relationship with. They were both male and female and I never had any issues with them. They, for the most part, commended me because I was raising my children on my own. But then this social worker came along on my newest born who is now 10 months old. So they were taken from me nine months ago at the time when my new born was only a month old. I was arrested that day. The charges were child abuse.
I don’t have any kind of relationship with the social worker. I never did. She has been very — towards me, very [0:38:58 inaudible]. So right now, I’m seeking legal advice outside of the court appointed public defender because I’m not getting anywhere with this public defender and I feel like I’m just being herded through the process to ultimately lose my children.
I went to court this past Thursday, the 19th of May. I have in front of me the status review report. This report is primarily focusing on one of my children, a daughter that is 17 months old. And the hearing type is a 366.21 six-month review. Basically what I’m understanding here is that they plan to adopt her out in the next six months or I’ll lose her forever and I just can’t have that. I won’t allow it. The social worker…
Vincent Davis: When is your next court date?
Richard: June 22nd 2016.
Vincent Davis: And do you know what that’s for? Is that for a contested six-month review?
Richard: I don’t know. It’s — the public defender wrote on the back of his business card the date, the time and what appears to be the letter C’22 or C122, I’m not sure what that is.
Vincent Davis: Okay. So that means that it’s a contested 2 hearing and if you don’t win this trial, your child or children could be possibly placed outside of your custody permanently and maybe adopted out. Let me ask you, where is your case? What county?
Richard: San Bernardino.
Vincent Davis: Okay. Over there on Gilbert Street?
Vincent Davis: All right. So what courtroom are you in, in courtroom 4, 5, 6 or 7?
Vincent Davis: Okay. It’s a female judge, right?
Richard: Yes. In fact, this Thursday was a different female judge.
Vincent Davis: Well, if you went this Thursday, that woman is now assigned permanently to your case. The prior female judge in that courtroom had short black hair with like a purple streak in it?
Richard: I don’t recall seeing that. What I recalled from her, she was slender. You can only see her from basically mid-level up and she was slender.
Vincent Davis: She was the judge assigned in that courtroom for seems like a year and a half, two years. She’s been transferred and the new female judge is in there. I just did a case in front of her. I was there this week. She seems like she’s very fair but you got to win this case and you got to meet with your public defender or you got to hire a private attorney and there’s a lot of stuff you’re going to have to do in order to prepare for this case. For example, you’re going to have to come up with a strategy and a theme, you’re going to have to come up with certain witnesses that you’re going to have to have subpoenaed to court, you’re going to have to subpoena the court — excuse me, the social workers to court and you’re going to have to come up with an outline of questioning for all of these witnesses.
So you’re going to have to move on it. You said your next court date is the end of June so you have a little bit of time but you got to get started on it right away. If you’d like, you can call my office today. There’s someone there today from 9:00 to 5:00 and there’s someone there tomorrow from 12:00 to 5:00. We have a limited crew that works on Sunday. Call my office and make an appointment either in person or on the phone or Skype to talk to me more in detail about your case because there’s a lot that needs to be done and there’s a lot that can be done to get your children back. I want to thank you for calling this morning. I always appreciate your calls, your questions and your stories.
Richard: Thank you very much and believe me, I will be advertising your book aggressively to people because from the stories I hear when I’m there at the court waiting in the lobby, there’s so many parents that are in such dire need of your services and your book is exceptional and…
Vincent Davis: Well, thank you very much. I appreciate that.
Richard: Thank you for making available [0:43:48 inaudible].
Vincent Davis: Alrighty. I wrote that book…
Richard: I hope I can meet you soon.
Vincent Davis: Alrighty. Thank you. Bye-bye.
Richard: Thank you. Bye-bye.
Vincent Davis: I just want to say to our audience that I wrote that book especially for parents and relatives. It’s a 72 pages long. It’s a very easy read and it explains things that you should know. It explains things that you must know if you have a case involved in the juvenile dependency system. You can buy that book on Amazon. It’s called The Secret: Fight Child Protective Services and Win. So you go to Amazon.com and buy the book but better yet, you can go to my website and you can download the book for free.
All right. I’m going to take another call. This call is area code 808, ending in 42. Good morning. You’re on with Attorney Vincent Davis.
Female: Good morning. I’ve been trying to listen to your call as much as possible. I’m all the way in Hawaii so I have to wake up very, very early in the morning but whenever I can possibly get I’m listening to. It’s so extremely valuable and I just want to thank you again from the bottom of my heart for doing this for parents because as you know — I spoke for a couple of minutes at the last week I believe and I thought about it later and I thought, you know what, when I have to the opportunity to be on the air, I should have just come straight out and said what CPS is all about because I know but you can’t really do that being that you’re a lawyer. That would probably be considered [0:45:38 inaudible] towards them.
But I’ve figured out after being literally tortured by this people for the past three and a half years is that they have one goal in mind and that is to do everything possible to your children in the system until they turn 18 because they’re making so much money off of these kids. They will literally make on average about a million dollars per kid if they can keep them in the system till they turn 18. And they have made up just constant lies to try and bury me. My kids were never even harmed in the first place but it seems to be a growing trend that they’re putting kids in the system who weren’t harmed and then making up lies and continuing to make up lies and just hold on to the kids for as long as they possibly can, dragging out court dates, not allowing you to have trials and so on and so forth just in an effort to keep a hold to those kids as long as they possibly can and try to go over the timeline so that they can keep the kids and keep them in the system permanently.
Vincent Davis: You know, I sometimes feel the same way and feel that what you have expressed is true. It is very frustrating sometimes meeting people and listening to these family stories about not being, you know, having the children with them. The last time we talked, because you’re the only caller I’ve ever had from Hawaii, I told you to get an attorney who was experienced in the juvenile dependency area there in Hawaii and I hope you have been able to do that. I want to thank you for calling. I’ve got a lot of calls left in the queue and I’m going to try to get to them but please keep listening and please, please keep me posted on your case.
Female: Okay. I did get an attorney actually.
Vincent Davis: A call from Hawaii. I wonder what time it is there. I think we’re six hours ahead. Alrighty. The next call I’m going to take is area code 669, ending in 79. Good morning. You’re on with Attorney Vincent Davis.
Female: Good morning.
Vincent Davis: Good morning. How are you? Did you have a question or did you want to share story with us?
Female: Yes, well, I am now a grandmother of three children and similar to the story that I’ve heard, they’re taken away and more focused on one of the children. And I’ve been missing them and I’ve been seeing the same things happening at the other people [0:48:49 inaudible] because, you know, that’s what we know what the system is doing unfortunately. And up to this point, I know that in my heart that I needed to do get an attorney to fight back. I know I’m just an outsider looking into my daughter’s case. But I would agree that I need an attorney and the case is going on for a while and I think that they have — I guess at July for the final decisions and they have been dragging it just to end with the result that they want to see. So at this point, with that, our [0:49:40 inaudible] getting in [0:49:42 inaudible].
Vincent Davis: What county is your case in?
Female: This is Santa Clara County.
Vincent Davis: And are the children placed with relatives?
Female: We have a case [0:49:56 inaudible] and our youngest one was taken from the house [0:50:00 inaudible] domestic violence and she was supposed to come home with my daughter and I and stay with us. The other two boys 6 and 11, they stayed with my daughter’s fiancé.
Vincent Davis: And where is the baby?
Female: The baby was taken from the hospital and placed in foster care.
Vincent Davis: Okay. So why isn’t the baby with relatives?
Female: They just decided to do that and I guess they already had someone that they wanted to [0:50:35 inaudible] foster care with people that are already wanting to adopt. And then they make up the case [0:50:43 inaudible] the foster parents have an attorney. I’m not even sure if they are the ones paying for it. The child’s lawyers is also the foster parents and everything is all on their side, the child advocates and everybody. So…
Vincent Davis: Okay. Well, if you know any relatives that wanted to get the baby, have them call my office. I’m going to give you a telephone number and I’m going to give them some advice on what to do.
Female: What about the chances for the mother at this point? She’s been working on all the things that they asked. She finished all the classes and everything that they asked for.
Vincent Davis: Then she should be able to get the child back. Have the mother call me and I will talk to her in detail about her case so that she can get this child or these children back in her custody.
Female: Okay. She is actually…
Vincent Davis: All right?
Female: …she’s listening in and she has called in. I don’t know if you’re going to take her call.
Vincent Davis: What’s her area code?
Vincent Davis: Oh, she’s the next caller in the queue. I’m going to get off the phone with you and I’m going to take her call, okay?
Female: All right. Thank you.
Vincent Davis: Good morning. My name is Attorney Vincent Davis. I think I was just talking to your mother.
Female: Yes, good morning.
Vincent Davis: So you have a case in Santa Clara County?
Vincent Davis: What was your last court date and when is your next court date and what’s the next court date for? Hello?
Female: Are you familiar with Santa Clara County? Have you worked there before?
Vincent Davis: Yes, I am. You know, I think we had one case there maybe two or three years ago but we practice all over California. I have cases in Shasta County, I have cases in Humboldt, San Francisco, San Diego, Los Angeles, Riverside, San Diego. Did you not want to tell me the next court date and what it was for?
Female: No, I will. I just wanted to know if you are familiar with the judges and any of the other players in Santa Clara for CPS as you are with some other county.
Vincent Davis: It’s been quite a while. So I have to say at this instant, I’m not familiar with Santa Clara County players, not that I think that it matters. The law is the same all over California.
Female: Okay. Well, I’m glad to hear that it’s the same because I’ve the other day heard that there are some laws specific to my county.
Vincent Davis: No, the law is the same in Santa Clara as it is in Los Angeles.
Female: Well, maybe it’s the rules around.
Vincent Davis: I’m sorry?
Female: Maybe these laws that I thought were different to my county were actually rules that social workers have for communicating with them.
Vincent Davis: Hmm, I’m not sure what exactly you mean but the law…
Female: And relaying information to the court through the social workers which is the only way I’m able to relay information aside from my lawyer.
Vincent Davis: No, it’s not true. The laws are the same all over the State of California.
Female: What about speaking in court? Because my attorney tells me that she prefers that I’m not speaking in court. [0:54:59 inaudible] had me testified during the trial but she discourages me from speaking during court hearings to the judge.
Vincent Davis: Yeah. That’s not a good thing.
Female: I haven’t done it yet.
Vincent Davis: Well, I shouldn’t say that. You know, your attorney is licensed. Your attorney is familiar with your case. Hopefully your attorney is doing a good job for you. So if your attorney is advising you to do something or not to do something, that’s something that you should seriously consider. I don’t know all the facts about your case and the circumstances surrounding your case, so without knowing that, I would generally tell you to follow your attorney’s advice unless you tell me something that you haven’t said like my attorney is not doing anything for me.
Female: Well, in my last discussion with my attorney, I asked her to do a little more for me and she felt that she was doing everything that she could that was in her power but recently, after a lot of successes with her in court, she agreed in getting shutdown few times in a row and she [0:56:16 inaudible] that she was becoming discouraged about this case but she still feels confident and she’s going to fight for my children’s return.
Vincent Davis: Okay. You know, what I would like to do is I would like to give you a phone number. I would like you to call us immediately and make an appointment to talk to me either on the phone or via Skype. It’s a free consultation and we can get more into the details of your case. Right now this morning, we’re running out of time on our radio show. We have about two minutes and 30 seconds left in the show and I have to do some wrap up. But if you have a pen and a paper, I’ll give you the telephone number to call and make that appointment. Are you ready?
Female: Yes, I’m ready.
Vincent Davis: Okay. 888-888-6582, that’s 888-888-6582. So give me a call and I’ll get more in detail with you about your case, all right?
Female: Yes, thank you. And I have one more question for you.
Vincent Davis: Thank you.
Female: Is it possible to have more than one attorney working on my case at one time?
Vincent Davis: It depends on the attorney and it also depends…
Female: Because my current attorney is very familiar with my case but I’m thinking that it would might be helpful to have someone who maybe has a different approach or is bolder…
Vincent Davis: Right. Well, it is possible but it depends on the attorneys…
Female: …in the request.
Vincent Davis: It depends on the attorneys but we’ll talk about more of that when you call and talk to me for your free consultation, okay?
Female: Yes, thank you. Thank you so much. I appreciate that.
Vincent Davis: And thank you for calling, ma’am. I appreciate it. Bye-bye. Okay. Next week, next week show, if you want to be a guest, call in and tell your story or to ask questions, you can call at 646-668-8791. That’s 646-668-8791. If you want to look at my websites to get information like my book or look at some of my video or read some of my blogs, you can go to www.fightchildprotectiveservices.com or helpfightcps.com or fcps.lawyer. The F stands for fight, it’s not what you think, fcps.lawyer. I want to remind everyone to please go out and register to vote and vote for those family friendly judges that will keep our families together in juvenile court. We will see you next week on the radio and thank you very much for listening.
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