URGENT INFO NEEDED- child protective svcs?

[Iowegian]

A friend of my neighbors has an 8 yr old son that had a problem at school. Somehow the teachers got the notion that he(8 year old) was threatening to blow up the school. While the teachers were talking to him, he told them that his father has guns. Now child protective services has come to the house while they were not home and left a card. All of his firearms are securely stored in a safe, he has no explosives and there is no way the threat is real. They live in a very nice area and have a very nice house. The boy no longer has his video games or any toy weapons etc.
What is the best course of action with child protective services?

What authority do they have?

Does he need a lawyer?

Should they let CPS in the house?

[Bagger]

my wife use to work for CPS San Berdo
there checking things out.
will probably talk to the child and the parents .

make sure the house looks clean and the fringe is well stocked.
and the guns are locked up in a safe.





A friend of my neighbors has an 8 yr old son that had a problem at school. Somehow the teachers got the notion that he(8 year old) was threatening to blow up the school. While the teachers were talking to him, he told them that his father has guns. Now child protective services has come to the house while they were not home and left a card. All of his firearms are securely stored in a safe, he has no explosives and there is no way the threat is real. They live in a very nice area and have a very nice house. The boy no longer has his video games or any toy weapons etc.
What is the best course of action with child protective services?

What authority do they have?

Does he need a lawyer?

Should they let CPS in the house?

[tyrist]

Child protective services probably opened up a case based on the teacher statements. They will probably be okay since if they thought there was reason for it they would have taken the child into custody at school. The social worker is going to investigate the welfare of the child and have the authority to do so based on the welfare and institutions code.

[Vacaville]

I agree with X-Liberal. Tell the guy to get the guns out of the house for the time being.

As a teacher I recently went to a CPS presentation, and the particular woman who was speaking sounded like she got off on taking kids away. Very jaded attitude toward families that they investigated. Not saying they are all like this, but better safe than sorry.

[gbp]

Teachers and CPS are out of control. Nuff Said. They seem to go off on the slightest trigger, having been there-done that. No offence to the 'teachers' that may be on this forum but in general they are too liberal for me. Thank god my kids are "grown up" (and i use that term loosly) because i would hate to think that the teachers of today had influence in any way over my kids.

But that said 1. House Clean and orderly, 2. guns in safe (or not in house although the latter does not make much sence because when they talk to the kids in private they will tell them that they were just moved), 3. food in the fridg, 4. beer wine etc put away (by that I mean out of reach for kids), 5. kids rooms should be orderly but not excessively clean if that makes sence (you do not want them to think that your kids live in a sterile environment and under ridged control) in otherwords the place shouold look lived in but still under 'parental influence' (what a joke that is)

Don't sweat the small stuff and don't be afraid to tell them to FOAD

[RRangel]

Get a good lawyer if you can afford one ASAP.

[sorensen440]

Get a good lawyer if you can afford one ASAP.
I agree with this

Its not something that you can take chances with


ETA: Also might be time to consider home schooling or a private school if economically feasible

[scr83jp]

I agree with X-Liberal. Tell the guy to get the guns out of the house for the time being.

As a teacher I recently went to a CPS presentation, and the particular woman who was speaking sounded like she got off on taking kids away. Very jaded attitude toward families that they investigated. Not saying they are all like this, but better safe than sorry.Stash the weapons, american rifleman copies,shooting,hunting magazines,mounted heads, too many are anti everything we take for granted. I had a lot of experience with social workers & probation officer social worker types some were ok but a lot were real pitas.I was an outspoken pro LE prob officer .

[Liberty Rules]

Dealing with DCFS is fraught with danger. If you say "the wrong thing" or get one of the many wackos/power trippers in their employ, you can be in for a lot of court time and expense.

Often times, DCFS seeks to get waivers or voluntary agreements from the parents to submit themselves to DCFS jurisdiction. Don't do that! Don't agree to anything without consulting an attorney. In fact, I would not say anything to anyone at DCFS unless they retained an attorney to communicate for them. If you think it's expensive to hire an attorney for that purpose, imagine how expensive it will be to get into the court system and fight with DCFS over monitoring, counseling (at your cost), and potential loss of certain parental rights.

I would not divulge what guns I had nor where they are located. If I said anything, it would be that there is nothing illegal in the home and any potentially dangerous items are safely stored so that children cannot access them. I would not go telling DCFS about your guns or allowing them to look inside your safe. Unless I was instructed by my attorney to do so, I would not let DCFS in my home. PERIOD.

I have two friends who had bad experiences with DCFS. In one case, DCFS forced its way into his life for almost a year. They were investigating what turned out to be a bogus claim from his mental ex-wife against her then husband. My friend had nothing to do with his ex or her new husband and his teenage daughter lived in his home. There was no proof of anything and the teenage "victim" insisted that nothing at all happened. They lied to my friend and told him that everything was fine, he didn't need to show for the hearing because it would be postponed, and they were going to terminate the case. Instead, DCFS wrote up a court report replete with fabrications and nonexistent drama--which was used at that very hearing to ask the court for supervision of the family. That forced them to participate in almost a year of visits to their home and court ordered counseling at their cost.

In sum, anytime you deal with DCFS, take it seriously and consult an attorney with experience in that exact area. It's a unique system, unlike any other area of the law. As part of their general education and training, lawyers learn nothing about this part of the system.

[markw]

Uh, they left a card. What gives them the authority to enter the house? "Can we come in? No" We can talk right here on the porch, thank you very much.

Mark

[SJgunguy24]

Uh, they left a card. What gives them the authority to enter the house? "Can we come in? No" We can talk right here on the porch, thank you very much.

Mark

If they want to push it, they'll fabricate something and just take the kid. Yes they can do that, if you want to know how I know.......I was the kid taken. I was sent to live in hospitals, and group homes for 7 years. NOTHING GOOD EVER COMES FROM C.P.S.!!!!!!

That kid has some attention issues, is he an only child? Maybe try some martial arts training, gives them a sense of purpose, disipline, and hopefully some focus to complete a task, which will benefit him later in life.

After my stint in the "system" which one of the group homes flat refused to abide by my social workers orders, not to take me to their Dr. (medi-cal parents pay extra vs Kaiser 100% coverage). My parents have had to pay over 35K and still owe about 12K + intrest, BTW Mom still gets bill from the county.......i'm 33. Stay away from C.P.S.

[Liberty Rules]

BTW, DCFS will have access to the child at school for interviews. So, even if they duck DCFS at home for 30 days, they can still open a case based on what the child says when interviewed at school.

Danger, danger, Will Robinson. Danger!

[Doheny]

Uh, they left a card. What gives them the authority to enter the house? "Can we come in? No" We can talk right here on the porch, thank you very much.

Mark

You'd be surprised what authority they have. If need be, they'll get in...albeit w/ the cops and a warrant.

[scootergmc]

Make them need the cops and warrant. [I'd like to believe] No judge will sign a warrant based on the fact the kid said his dad has guns.

[eltee]

Clean the house, does not have to be hospital sterile.

Lock the guns up properly, don't try to ditch them or remove them.

Cooperate, be friendly. If the CPS worker is hostile or seems to be heading into the wrong places, tell him/her/them that the visit is over. THEN call your lawyer. Putting up too much of a defense (ditching guns, lawyering up, etc.) too early may send the wrong message.

My experience has been that they have to check into every complaint. Most will be honest with their observations and analysis. I've dealt with APS and CPS in my job. Most are OK folks, especially once they see a normal household with regular people inside.

I, personally, might have something to say, with lawyer in tow, to the school person who started this, but give CPC a chance to do the right thing.

[Iowegian]

Thanks for all the good info. The family is very worried right now and this has helped.:) We will continue to check in.

[wildhawker]

ETA: Also might be time to consider home schooling or a private school if economically feasible

In California, it's been time to homeschool or private school kids for a long while now.

[taloft]

Get a good lawyer if you can afford one ASAP.Totally agree, DCFS isn't a group to take chances with. It is never too soon to lawyer up when dealing with the Government. It shows that the parents are taking this situation seriously. They may find something objectionable that you'd never dream was a problem. A good lawyer will think of things that never crossed the parents minds. I'd also get a copy of the original complaint/field notes. If any of it is actionable, go after the school/teacher. Probably the teacher is hog tied by zero tolerance policy. Stop them from doing this crap to someone else. If nothing else, they'll be less inclined to screw with the family in the future.

You'd think a teacher would realize that 8 year old kids spout crap all the time. I read stories all the time about zero tolerance policies run amok. On the other hand, I'd have a big time sit down with Jr. and explain what is not acceptable conversation at school.

[DDT]

My only experience with CPS was annoying but the CPS social worker was very courteous and took all of 1/2 hour of my time. Came back 2 days later and said he was closing the case and not to worry about it.

[Letitrip]

As one or two people stated before, Child Protective Services is required to assess and/or investigate all complaints made regarding child abuse or neglect. So if you hide and avoid them, it will only make you look like you are trying to hide something.

They have a website, take a look at it. It explains clearly what WIC code violations they have the authority to investigate and act on.

If I were you, I would call them and schedule an appointment, and be very formal and speak only as matter of fact and not interpret anything. If you can show that there is no abuse or neglect, they will leave you alone.

Have the child's immunizations records on hand, report cards, copies of any services that the child receives, etc. Bottom line, is that the parent needs to demonstrate that they are able to protect their children, provide necessary services, and provide them with their basic needs.

Make sure the house is clean, medications and cleaning products out of reach, gun safe locked, and plenty of food in the fridge. If they ask you about the guns, do not get into details. All you simply have to say is that you do not have anything illegal. Any weapons that you may have are securely stored and out of the reach of the child. Let the worker try to open the safe door (and laugh at the attempt).

If at any point the worker is rude or unprofessional, end the visit right there and then, request to have the workers' supervisor's name, and the supervisor's superior's name. If this does happen, let them know that you will be filing a formal complaint with the LA County Board of Supervisors.

A friend of mine had an experience like yours recently. He is in attorney by the way. When the worker showed up, my friend talked to the worker at the door and listed to the allegations that were being investigated. My friend asked what information they needed from him. The worker said that they wanted to take a look around the house, ensure that the child did not have bruises, and that the home was appropriate. The worker also wanted to interview the parents and child individually. My friend told the worker. I will give you a tour of my home so that you could look, but do not talk to me during the tour, we will talk afterwords. My friedn gave the tour, showing the kitchen restrooms, bedrooms, yards, then led the worker to his office room.

In the office room, he had previously installed cameras and microphones to conduct recorded interviews for his own client cases. He told the worker, you can do your interviews in this room, and I will allow you to talk to my child and look for bruises. My friend brought his son and disrobed his shirt, spun him around, then put the shirt back on. The child was wearing shorts and his legs were exposed. The worker then realized all the recording equipment placed throughout the room and ended her interview immediately.

That same week my friend was notified that the investigation had been completed and they had found that no further intervention was needed.

[markw]

You'd be surprised what authority they have. If need be, they'll get in...albeit w/ the cops and a warrant.

Then that's what they need to do. Government agents can't just walk into your house. The California mindset when it comes to government floors me. Of course I grew up in Iowa, sometimes I think I need to move back...

[Letitrip]

Totally agree, DCFS isn't a group to take chances with. It is never too soon to lawyer up when dealing with the Government. It shows that the parents are taking this situation seriously. They may find something objectionable that you'd never dream was a problem. A good lawyer will think of things that never crossed the parents minds. I'd also get a copy of the original complaint/field notes. If any of it is actionable, go after the school/teacher. Probably the teacher is hog tied by zero tolerance policy. Stop them from doing this crap to someone else. If nothing else, they'll be less inclined to screw with the family in the future.

You'd think a teacher would realize that 8 year old kids spout crap all the time. I read stories all the time about zero tolerance policies run amok. On the other hand, I'd have a big time sit down with Jr. and explain what is not acceptable conversation at school.

No offense taloft, but the suggestions you provided above will not get you anywhere, with the exception of sitting down with Jr. to explain to him what is appropriate and what is not, and also to inform him about how certain actions have certain negative consequences, in particular the incident that he created.

First, the complaints made to child protective services are confidential by law and you will not have access to the original complaint. You will only be informed about what was said. But you will not be told who made the call.

Second, all teachers, doctors, counselors, and any anyone else who works with children and obtains information about suspected child abuse or neglect is required by law to report it to the appropriate child protective services agency.

[ivanimal]

CPS came over the house because my sons doctor heard a story about my son. I wont share it because it is embarrassing to repeat and unfounded. I invited them in and they looked around shortly. After the lady was satisfied I offered her a soft drink which she took at our dining room table. She told us why she arrived 3 hours late. It seems that there was a crack house bust and she had to find foster homes for 8 children. My wife was over the top with worry, thats her way of dealing with things, when she heard why the lady was late she finally let her guard down. There wasnt even a moment that I was worried. My pulse never changed. We are good people and have nothing to hide. I suggest that your friend be as polite and normal as possible and hide nothing. They just want to know the child is safe.

That is my experience.

[Blue]

CPS came and checked my stuff once. If you're on the up and up you've got nothing to worry about.

[HondaMasterTech]

Could some of these cases end up as nothing more than legalized kidnapping?

[DDT]

Second, all teachers, doctors, counselors, and any anyone else who works with children and obtains information about suspected child abuse or neglect is required by law to report it to the appropriate child protective services agency.

Unfortunately; as was the case in my one interaction with CPS, some of these same people will use them as a retaliatory strike if you piss them off.

[markw]

CPS came and checked my stuff once. If you're on the up and up you've got nothing to worry about.

Bwahaha, man if I had a buck everytime someone told me "What do I have to worry about, I've got nothing to hide."

http://www.theregister.co.uk/2006/11/08/guilty_associations/page2.html

[swift]

My only experience with CPS was annoying but the CPS social worker was very courteous and took all of 1/2 hour of my time. Came back 2 days later and said he was closing the case and not to worry about it.

I think it depends which social worker comes to your house and whether or not he has an axe to grind.

When dealing with the government, always get an attorney, especially when kids are involved.

[Ron-Solo]

Uh, they left a card. What gives them the authority to enter the house? "Can we come in? No" We can talk right here on the porch, thank you very much.

Mark

If they can't get inside to verify the house is a fit environment, they CAN take the kids (all of them) into protective custody until a court hearing, where a judge can order you to submit to an inspection before getting your kids back.

Lock all your guns in the safe, confer with an attorney, and make them get a warrant for your safe. Since it's not something the child has access to, a judge is not going to grant it without allegations of criminal conduct.

If there are allegations that someone has seen the child with a gun, you have very serious issues and need legal counsel yesterday........

[Roadrunner]

Holy crap, why does this thread read like a bunch of third world subjects are posting to it? Or maybe that's over the top, it sounds like a bunch of people living in a Marxist regime. If they come knocking on your door, be polite and ask them what they want. If they want to enter your home, tell them no, and close the door. You might also want to have a recorder present, and make sure they know it. People like that don't like being recorded, and they will go away quickly if they know a record of their actions and words are being made.

[fairfaxjim]

Unfortunately, ALL of the above are pretty much possible outcomes. CPS has a pretty tough job in that they have to follow up on a lot of different kinds of reports. Some are just rumors, and they figure that out quickly and get on down the road. Some are results of LEO actions, and they have to scoop up the kids and take care of the immediately, sometimes for only a short while, and sometimes for a long time. They have some people that they have to deal with over and over again.

If your friends are worried about it, a consult with an attorney would not be out of line, and may help ease their anxiety some. I know that my stepson had a girlfriend for awhile with kids that seemed to have a track record with problems in school and CPS being involved. In their case, an incident ended up going to family court, and as far as attorney's go, CPS provided each child with their own. Do not ever go into family court without at least the advice of an attorney, if it goes that far.

To be fair to CPS, and the schools (who are a little over the top in PC and how they deal with some things IMHO) whenever some kid does act out and hurt or kill someone or themselves, the press and everybody digs up all the interactions that ever happend and cry out to the world "HOW COULD THEY EVER LET THIS HAPPEN!" Basically the schools and CPS are made to be the scapegoats for what the parents should have dealt with. All part of Hillary's "It takes a village" BS theory on child raising. I don't blame the schools for passing these things to CPS, and CPS will catch hell if something does happen and they didn't "fix it" first.

[ivanimal]

Holy crap, why does this thread read like a bunch of third world subjects are posting to it? Or maybe that's over the top, it sounds like a bunch of people living in a Marxist regime. If they come knocking on your door, be polite and ask them what they want. If they want to enter your home, tell them no, and close the door. You might also want to have a recorder present, and make sure they know it. People like that don't like being recorded, and they will go away quickly if they know a record of their actions and words are being made.

This is bad advice if you wish to make this go away.

[twinfin]

You can tell your friend about Pacific Justice Institute which does good work on behalf of parental rights. They may be able to guide him if he wants help.

This situation is similar to dealing with law enforcement. You don't know if the officer you are dealing with will be fair or not so you need to strongly consider saying nothing and seeking legal advice before you step into the mine field.

http://www.pacificjustice.org

[Roadrunner]

This is bad advice if you wish to make this go away.

Elaborate.

[ivanimal]

Elaborate.

They are interested in seeing that the child is safe. They can do nothing if it is a safe environment. They will just do their job look at the home and leave. My neighbor across the street is a retired social worker. I sought her advice when we had the issue and that was her explanation. If you show resistance they will get a court order and search with police/sheriff in tow. That is how it works.

[Roadrunner]

They are interested in seeing that the child is safe. They can do nothing if it is a safe environment. They will just do their job look at the home and leave. My neighbor across the street is a retired social worker. I sought her advice when we had the issue and that was her explanation. If you show resistance they will get a court order and search with police/sheriff in tow. That is how it works.

Ah, I see. So what you're saying is that a person should just take it and don't put up a fight. Is that the same argument you would offer to a woman who is worried about being raped? And yes I do view the two as the same thing.

[NiteQwill]

Ah, I see. So what you're saying is that a person should just take it and don't put up a fight. Is that the same argument you would offer to a woman who is worried about being raped? And yes I do view the two as the same thing.

So you rather have your house looked at by a bunch of armed police than a CPS worker doing their job?

[chrisdesoup]

Not all social workers are evil ba$tards. He could get legal advice first, not off the internet... call and get a phone consultation (or meet in person) to figure out what your rights are.. then just talk to the social worker so you have a feel for whats going on. If he feels things are going south he can ask him/her to leave and dump some money on a lawyer.

It may be just telling the social worker "kids are kids and they say silly stuff, we had a talk and now he understands what he did and why its wrong".

I do/do not agree with roadrunner, a person forcing his/her will on another is wrong.. BUT .. a cup of coffee and some conversation is just a date...


Best of luck!

[ilbob]

They are interested in seeing that the child is safe. They can do nothing if it is a safe environment. They will just do their job look at the home and leave. My neighbor across the street is a retired social worker. I sought her advice when we had the issue and that was her explanation. If you show resistance they will get a court order and search with police/sheriff in tow. That is how it works.

If this was true, very few people who were not actually abusing their children would have trouble with these kind of agencies.

The real problem is the uneven treatment people receive based solely on the luck of the draw on who comes to visit you. Its sort of like the luck of the draw on what cop you might encounter, although in general cops seem more consistent.

We have an often out of control DCFS agency in Illinois too. Sometimes they do very good things, and sometimes they do stuff that just baffles you. And there is zero accountability when they screw you.

[dwtt]

Would it help to get one of those tapeless digital voice recorders for $20 and conspicuously clip it to your shirt pocket and record everything during the visit? Can that make the social workers pissed off enough to take the kids away even if the house is safe and clean?

[csorin]

The boy no longer has his video games...

Why? I make videogames for a living. I've played videogames since I could hold an NES controller. Blaming child violence on videogames is like blaming crime on guns. If this to appease CPS, so be it. If the parents have instilled normal ethics and morals in the kid, then he's not going to want to kill someone because "that's what I do in Call of Duty!" Eh, the anti-videogame/movie/music thing just erks me.

[Roadrunner]

So you rather have your house looked at by a bunch of armed police than a CPS worker doing their job?

"Doing their job" is a matter of perspective.

Besides, it makes the subsequent civil rights suit more worthwhile when you sue them for a violation of the 4th and 5th amendment. Just because a child makes some statement that children will typically make is not legitimate grounds for invading my home. They better have physical evidence that they can articulate as reasonable grounds for entering my home. A mere statement is simply not enough to justify entry.

[Glock22Fan]

In Britain, the Child Protection Service equivalent took EVERY child off of an island in the Orkneys. I can't remember how many, maybe a couple of dozen. One of the kids in school had made allegations of Satan worship. I think it took nearly two years for the authorities to determine that the allegations were the result of an over-active imagination and return the children to their parents.

Scary.

[radioman]

Some 18 years ago my 8 year old son put his hand up a girls dress at school so they called CPS, when the worked to my house she had a black eye. she was pissed I would not let her in, she said she would call the cops. I told her to call the cops, but if they PC they were not coming in. now she told me what her problem was. and I asked her , when you were a girl did some boy put his hand up your dress? her face got red and she left. now I went to the school to get my kid and he told about the lady that came to talk to him, and this is how it went. little boy does your daddy drink? yes. what does he drink? coke. does your daddy smoke? yes. what does your daddy smoke? camels. does your mommy drink? yes. what dose she drink? coke. does your mommy smoke? yes. what dose she smoke? daddy's camels. does your mommy touch you were she not suppose to? and with that he popped her in her eye.

[ilbob]

In Britain, the Child Protection Service equivalent took EVERY child off of an island in the Orkneys. I can't remember how many, maybe a couple of dozen. One of the kids in school had made allegations of Satan worship. I think it took nearly two years for the authorities to determine that the allegations were the result of an over-active imagination and return the children to their parents.

Scary.
Remember the cases where some nitwit at a state agency had a hypnotist quack interrogating children and wound up kidnapping 30 some children from their homes based on the hypnotist's interrogation. Eventually it turned out none of it was true. It was all stuff the hypnotist convinced the impressionable children had happened when actually none of it had.

Took several years to striaghten out, and a few parents were actually charged. Nothing bad ever happened to the agent of the state or the quack.

[Lyte-]

BTW, DCFS will have access to the child at school for interviews. So, even if they duck DCFS at home for 30 days, they can still open a case based on what the child says when interviewed at school.

Danger, danger, Will Robinson. Danger!



This is true when I was a child CPS came and pulled me out of school to interview me with out my parents knowledge (I later found out) all because my nosey neighbor thought my parents left us at home alone to much.

She didn't work so she sat home all day in her drive way facing our house with her equally lazy friend who lived directly across the street (Military housing) Her kids where young 6 and 9. We where in Junior high and in High school, we all just looked young for our ages.


She called CPS on my parents countless times for different fabicated issues

[DDT]

does your mommy touch you were she not suppose to? and with that he popped her in her eye.

PLEASE TELL ME THIS IS A TRUE STORY!!!!!

[radioman]

yes DDT this is a true story! I got my boy icecream for it.

[radioman]

the best thing to do is tell your kids is if some one wants to talk to them is ( not with out my mom and dad and there lawyer

[badicedog]

Make them need the cops and warrant. [I'd like to believe] No judge will sign a warrant based on the fact the kid said his dad has guns.

You are WRONG! In fact because firearms are involved, expect DCFS (Dept. child family services) will show up with LEO in tow. Consult with an attorney ASAP. PM sent:eek:

[ivanimal]

Ah, I see. So what you're saying is that a person should just take it and don't put up a fight. Is that the same argument you would offer to a woman who is worried about being raped? And yes I do view the two as the same thing.

This is about as alike as saying "its time to arrest all people with cars because it is only a matter of time till they break the law". Comparing rape to child protection is idiotic and I think you know that.

[Roadrunner]

This is about as alike as saying "its time to arrest all people with cars because it is only a matter of time till they break the law". Comparing rape to child protection is idiotic and I think you know that.

I'm not comparing "child protection" per se. It's more like comparing another form of government intimidation, as in if you don't let the person from child protective services search your house, the cops will come and tear your house apart until they find something they can hang their hat on. That's BS and I think you know that.

[Theseus]

Not to sound like some crazy extremist or anything, but I have no desire to let anyone in my home to see my "fitness" as a parent.

CPS can have a hard job, but I refuse to be scared by them. They will not be taking my child without a fight (legal or otherwise).

Just because you have firearms does not mean they have the right to inspect your home. They are "investigating" the comments made by the boy. They can do that in a neutral setting like a local church or something. Answer only relevant questions. If they go off track do as suggested and end the meeting informing them a lawyer seems to be needed since they can't seem to stay on proper topic.

[Dont Tread on Me]

I don't interact with the Government without a lawyer. I consider the $300 a hour well worth the investment upfront rather than fixing something that could be mis interpreted latter.

[CoinStar]

If any of it is actionable, go after the school/teacher.

Google: mandated reporter California or something to that effect.

[Vacaville]

Totally agree, DCFS isn't a group to take chances with. It is never too soon to lawyer up when dealing with the Government. It shows that the parents are taking this situation seriously. They may find something objectionable that you'd never dream was a problem. A good lawyer will think of things that never crossed the parents minds. I'd also get a copy of the original complaint/field notes. If any of it is actionable, go after the school/teacher. Probably the teacher is hog tied by zero tolerance policy. Stop them from doing this crap to someone else. If nothing else, they'll be less inclined to screw with the family in the future.

You'd think a teacher would realize that 8 year old kids spout crap all the time. I read stories all the time about zero tolerance policies run amok. On the other hand, I'd have a big time sit down with Jr. and explain what is not acceptable conversation at school.

As a teacher I am a mandated reporter. If I believe any kind of abuse is happening (based on some real evidence), it is illegal for me to let it go by unreported. We are told to report any circumstances where we believe a child's safety is in danger. Unfortunately that is up to interpretation of the reporter. Some mandatory reporters, including some teachers, probably view keeping guns in the house as a threat to safety.

Although a teacher would ask the child a few additional questions to make a decision whether to call CPS, any actual investigation is done by CPS. The mandated reporter does not make any accusations or decide on what action is taken. If CPS thinks the report is baseless, you'll never hear about it because they wouldn't pursue the issue. The report will get filed and will only come up again if they get additional reports. If you do hear about it, someone at CPS thought more investigation was in order. The school and the teacher are out of the loop. If CPS is knocking on someone's door, they thought there was something to it.

[abulldog4me]

When I was young my father went through the same thing with me at school. As for the part about the teachers over reacting. I had fell in 5th grade while running. I had landed on a small rock which caused a friction burn on my knee. When I went to the nurses office they said it looked like a cigarrette burn. Yep you guessed it CPS showed up within 24hrs. Threatened my dad, questioned all my brothers and sisters. When they showed up they had officers with them that seperated everyone. They even pulled my 16 year old sister out of the shower. They can be bastards and they over react to everything. Guns out of the house, Yeah you could do that. My dad just mf them the whole time and all our stories mathced so they had nothing. Just remember if your going to answer a question dont offer up more than they ask. Hell I wouldnt answer sh@t. Let them waste there time.

[odysseus]

I would consult a family law attorney for sure on this issue and take all precautions. Cooperation is key here, and I am guessing one would have to swallow some rage in this situation to move the process along cleaner. It's wrong, but society has created the situation.

It is sad that while CPS is truly needed for those rare cases of really bad people, the system is abused often against innocent, normal parents and families. I have heard stories come up about these "investigations" by overcooked teachers or false accusers for a number of reasons, like divorce.

[Iowegian]

At this point it seems that their problem is defused. They took much of the advice given here, and were better prepared for the meeting with CPS. It seems they got an agent with some common sense and no axe to grind. While they are still wary, they have been told that the case will be closed and no action taken. They did find out that the complaints came from other parents and not the school. Another sad comment on current CA culture.
They are grateful for the tremendous response from Calguns and asked me to pass their thanks back to all of you!