Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?
Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments
For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can do it...it's not a threat. Your choice is to comply or hope they don't / can't carry out what they are telling you they will.
Termination of parental rights cases are different than a criminal proceeding, and have different burdens of proofs and evidence rules. What you think is hearsay is often admissible in CPS cases.
There's a fine line between a lie and a difference in opinion...Yes, foster care workers, police, etc., have been known to lie. But it's more often the case that you are describing the same event differently, and so it comes down to a matter of credibility, which in most cases, a foster care worker is going to win.
How will any of this affect an appeal? An appeal is based on the entire record, most importantly what's presented at trial. It's impossible to say how successful an appeal will be without a thorough review of the entire record. But other than perhaps refusal of services, none of what you describe will necessarily mean you will succeed on appeal even if true.
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