Make Your Court-Appointed Attorney Work For YOU
Recently I introduced two site features: one, a place for people to post referrals to good CPS-fighting attorneys, and the other, a place for people to make a request for an attorney. Both posts have had good responses, yet I know without a doubt that most of the people asking for legal help will not find it by posting on this website. I’m sorry to say that, but it is true. There are few attorneys who are so hard-up for work to do that they’ll come here to pick and choose clients who are probably broke and looking for someone to work pro-bono (for free).
Get over the idea that you might find a good pro-bono attorney. It rarely happens. In the seven-plus years since I started this site I’ve seen it happen only once. An attorney represented a very high-profile case in Oregon AFTER the couple became so desperate they kidnapped their own children from state custody. That attorney lost the case and the couple has been imprisoned ever since.
The alternative to finding the dream-attorney is to take that court-appointed freebie do-nothing attorney the county provides, and make that person WORK for YOU.
The main problem with these court-appointed attorneys is that they are paid by the county; that same county that is your adversary in juvenile court. So how motivated can they be to go against the county and help you?
Turn the tables. Take charge of your case.
A way to control how your attorney handles your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done with your case.
A keyword to remember is proactive. YOU take the lead. Rather than REacting to what others are doing to you, start thinking ahead to what your next move should be. Keep your attorney informed with a series of letters.
Remind this person, your attorney, that you are the client and you need and demand request the attention your case deserves. If your attorney doesn’t do the things you request, that person is setting himself/herself up for a legal malpractice lawsuit. But if you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done.
Let’s face it. These court-appointed attorneys are known for what they don’t do. They often meet a client at the door on the way into the courtroom. They look through the case file as if it were the first time they’ve seen it, trying to orient themselves to what’s going on. Of course there’s no time for them to do any type of adequate defense of the case. They don’t know you, your children, or your situation. They don’t know the truth and don’t know who’s lying. And it seems they just don’t care.
My apologies to all court-appointed attorneys who don’t fit this description, but I’m sure you know that these are the facts about many if not most court-appointed attorneys in juvenile law cases.
You have to do something to get a dead-beat court-appointed attorney’s attention. Writing letters is the way to go. It puts them on notice that (1) you have some legal knowledge, (2) you want your children back, (3) you want a better quality of representation than they are giving to most clients.
If I were to write a letter to an attorney in a new CPS case, it might go something like this:
You have been appointed to represent me as an attorney in the county juvenile court. Be on my side; I need your help. I am fighting for the release of my three children from state custody. I am innocent of any wrongdoing. The caseworker made assumptions about me that are false. My children need to be at home with me, for their well-being - mentally, emotionally, and physically.
While you are my attorney, please keep in mind that you are working for me, not for the county that pays you. As my attorney I expect you to give me the best legal representation available. I therefore request face-to-face meetings with you at least once monthly to make sure you are actively working on my case, and not letting it slide between the cracks.
I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.
I’m hereby asking that you take my case to trial and make the caseworker prove all charges. Since they are false charges, I think it would be in my best interest, and the best interest of my children, if I were to fight to prove my innocence with a full trial. Do not under any circumstances ask me to plead guilty to false charges against me.
As you know, parents involved in CPS cases have to complete a ’service plan’ yet many do so and still do not get their children returned. I would like to avoid doing any kind of ’services’ and request that you refuse all services, and/or force the caseworkers to prove the need for any services requested. I do not want to be in the position of many parents in these cases forced to have psychological evaluations when there is no evidence of mental illness, or forced to do drug testing when there’s no evidence of drug abuse. Please honor my request, protect my best interests, and see that my time is not wasted by unnecessary court-ordered ’services’. Of course they would also be a waste of taxpayer money. Do everything you can to resist these services in my case. As you are my attorney I’m trusting you to fight these issues individually and fiercely.
I expect you to be 100% aware of what is happening with my case at all times, and to inform me immediately of any changes.
I expect you to obtain and share with me a complete copy of the case file including all case narratives.
I expect you to help me compile substantial evidence to prove my innocence in this case by preponderance of the evidence.
I expect you to produce legal paperwork including a complete response to all caseworker reports, declarations supporting my side of the case, and other documents as needed, and to present those documents to the judge or juvenile court referee who hears our case.
I expect you to do everything you can to prevent my name from being included on the central index, blacklisting people from working with children. I am innocent and my name should not be included on that list.
Please respond to my requests in writing within ten days; I will need your written response for my records in this case.
Sincerely,
Name of Client
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NOTE: Some of these suggestions are for people with NEW cases; if your case has gone beyond the initial phases your needs will be different. Don’t just copy what I wrote; put these ideas into your own words. TYPE your letters. MAKE COPIES FOR YOUR RECORDS and keep them in a safe place.
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Comments? I would like to get other ideas from the people reading this on what could be included in letters to attorneys. What do you want from your attorney? Let’s brainstorm this and come up with some great ideas that people who come here in the future will be able to benefit from. Are there any phrases all letters should contain? Anything you think we shouldn’t ask the attorney?
Questions for Newcomers
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Here is a link on effective documentation:
http://www.childwelfare.gov/pubs/usermanuals/cps/cpsl.cfm
Here is an outline for Legal and Judicial issues:
http://www.childwelfare.gov/pubs/usermanuals/courts/appende.cfm
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Comment by Janet Ramsey — August 21, 2007 @ 5:47 am
In 2005, The ABA drafted a set of ethical guidelines for Parent Attorneys.
Like all “guidelines”, they are suggested, but not often followed. But, it is worth mentioning that the American Bar Association at least acknowledges some of our complaints, and acted accordingly. I happen to know one of the attorneys who helped draft this.
Go to http://www.abanet.org/ and look for Parent Attorney in Cases of Abuse and Neglect.
It runs to 44 pages, but you can print out the highlights and give/e-mail them to your attorney. Hard to come back against something like that.
I have seen letters which include the instruction that the attorney is NOT to talk with CPS without the parent being reuqested to be present.
I have also seen a demand that if the attorney at any time fails to believe the parent is innocent, the attorney should notify the parent and leave time for a motion to dismiss the attorney.
One more thing. I have seen in a parent’s letter that all case workers or GAL who will testify during the hearing be asked to do so under oath.
Comment by K. — August 21, 2007 @ 11:23 am
Thank you Janet and K.
Excellent suggestions.
One phrase that might be needed in our own PARENT GLOSSARY should be
LEAST RESTRICTIVE ENVIRONMENT: Copied from Special Education Federal legislation, this terminology refers to the fact that a child is supposed to placed with family.
Naturally, a known member is far less intimidating to a child.
Linda, may I suggest that we make up a list of our own phrases which should be adhered to by cw.
For example: DELIBERATE INDIFFERENCE—which was cited in Bramm holding where foster children were subjected ( willy-nilly) to random moves. LItigation was successful based solely on the facts that one little girl was moved 14x in FC. Also, that cw’s routinely and with DELIBERATE INDIFFERENCE MOVED KIDS.
We also need a link to cases which we have annotated with our own understandings of the legal thinking involved.
Thanks! Great thread!!
I hope folks read the atty recommendations cited.
Best to all. F.
Comment by fern — August 21, 2007 @ 2:45 pm
Here’s the direct link to the document K told us about:
http://www.abanet.org/child/clp/ParentStds.pdf
Very helpful!!! Thanks K… I’m sure that when followed, these guidelines from the ABA will help families prevail in court more often. I didn’t know about this document and am thrilled to see that the ABA has responded to the needs of parents in this way.
Comment by Linda — August 21, 2007 @ 5:20 pm
Janet - great links!! I especially like the one that explains everything that should be in a CPS case file. It will help people itemize what they need, and understand the contents.
And Fern (my old friend - we’ve been fighting CPS together for a long time now) … you brought up an important issue with the ‘least restrictive environment’ for the children. That’s something people can ask their attorneys to address in court, in their letters.
I’m so impressed with the responses to this thread. I’m sure these ideas will really help people who are working through CPS cases.
Comment by Linda — August 21, 2007 @ 5:37 pm
It was from this site that we learned about doing Declaration of Facts and Omissions and Corrections forms.
Our attorney kept ignoring this issue when we brought it up. This is an important issue to be made clear to the attorney. You have this right and s/he should see to it that you file this vital information.
Fortunately we found out that if you are going to be a witness then you can file this. My husband was going to be a witness in our daughter and granddaughter’s hearing. Therefore, we boldly went and filed our forms much to the dismay of the attorney.
Our daughter, with the help of our lawyers para legal, filed her forms.
This is crucial in the beginning of your battle with the courts and cps.
The para legal informed us that cps gets to give their side first which we all know takes months and months before you can present your side. By then it is too late; the judge has made up his/her mind.
These forms let you present your side during the whole process from beginning to end.
The other reason you need to do this is so that everything is filed in case you want to sue. You cannot bring up any facts if they are not already filed.
We all know not everything gets said in court due to time constraints.
Comment by Ruth — August 21, 2007 @ 5:50 pm
Thanks Ruth… I’m glad to hear that the documents here helped your family win that case!! I learned about the Omissions and Corrections form while I was protesting CPS at the Tulare County Courthouse (CA) in 1991. An attorney stopped to talk to me and said he’d filed this for his client. Later the client came to us with all her information and we did a three or four part series on her case in the local weekly newspaper. So you can thank that attorney, I think his name was Stevenson, for this idea.
Anyhow.. that’s a great idea, to include in the letter that these forms must be filed.
Think about it everyone (if you haven’t already) . . . since the standard of proof in a CPS case is “preponderance of the evidence” . . . if the only “evidence” is a caseworker’s report, and the CPS client files nothing, who is more likely to win in court? That’s what has happened in a lot of these cases! So to win, you must compile evidence and write legal documents.
Comment by Linda — August 21, 2007 @ 6:03 pm
Thank you for this excellent article. I intend to reproduce it on the website “ACS Must Be Stopped.”
Comment by Eugene Weixel — August 23, 2007 @ 8:12 pm
Eugene, thank you, and that will be fine. Please include a link back to this page. Also thanks for all the work you’re doing to protest ACS failings on your website: ACS Must Be Stopped.
Comment by Linda — August 23, 2007 @ 9:07 pm
Eugene:
Jst to say hi and keep the heat on them up there in NYC. An insider’s views such as yours must be seen as treason, but you have my abject respect for the work you are doing.
Comment by K. — August 23, 2007 @ 9:57 pm
i need help whit my cps case
Comment by alma — August 24, 2007 @ 3:30 pm
Alma:
My suggestion is that you join the message forum.
Comment by K. — August 24, 2007 @ 8:20 pm
this is very well prepared. i wish i would of found this first. thank you so much.
Comment by kwanie — August 26, 2007 @ 8:44 am
hi like every thing but the part about spinding the tax payers money come on thats one ov the things thay live off ov do you really think thay think about what one person pays an it all adds up to a pay check to thim an taxes comes out ov every one evin thim so all thay are doing is geting there money back if you add it up in taxes so forget about the taxes thay pay i pay every one pays but it does not go to good it goes to those fat asses coplaning there stake is not maid right an thay pay taxes on that meal what dont bring taxes in on an age old debate we all pay we all lose
Comment by melony — August 27, 2007 @ 2:20 pm
oh wait did not alot ov tax money go to help a naboring state in hericane catrina so how could taxes help a native of this state whin there over bugeting us to help some one else so where does eny money go that we pay an why cant we have a say we do pay thats the law kindness is filled with doller bills ov tax payers an right now im not filling to kind i want to say why me but realy why eny body
Comment by melony — August 27, 2007 @ 2:33 pm
i am dealing with cps in 2 states, state #1 is the state i am in, were my exboyfriend/ 2 of my 4 kids father and i went to court in 1998 about childcustody (we have joint cusody except i am mc and have a few more rights then him) after we broke up.
state #2 is were my childs father lives and was convicted for beating my child while she was on a visit, my lawyer is in state #2, my court appointed lawyer ask me if i approve t state #2 haveing juris. and i say no and he hangs up, and will not talk to me about anything else! my court appointed Attorney, D.A.’s office, and the judge are all in state #2 and the only thing they will talk to me about is juris. everytime i say no i do not approve! what can i do or can any one help me solve this problem?
Comment by jennifer — November 3, 2007 @ 11:20 am
I AM FIGHTING TO GET MY SON BACK,HE IS 5YEARS OLD,I HAVE DONE ANY AND ALL THERE SERVICES THEY ASKED AND STILL THEY HAVENT RETURNED HIM,I AM A GRADUATE OF DRUG COURT,I VE BEEN CLEAN ALMOST TWO YEARS,I MADE A MISTAKE BY BELIEVIN MY EX. WAS CLEAN AND SOBER,THEY RAIDED MY HOME ,FOUND THINGS THAT I HAD NO KNOWLEDGE WAS THERE,I WENT AND DID THREE DRUG TESTES IN A WEEK TO PROVE THAT I WAS CLEAN AND SOBER,I AM FEARING THE TIME FRAME THEY GIVE YOU TO PROVE IM A GOOD PARENT,THEY DID NOT PUT MY SON INTO OUR PARENTING CLASS WHEN I HAD US ENROLLED.IT WAS 4 MONTHS LATER,WHAT DO I DO?I HAVE COMPLIED WITH EVERY THING AND THEN SOME AND THEY STILL HAVENT GIVEN MY SON BACK…IF I HAD MONEY TO PAY FOR A PRIVATE ATTORNEY I TRULLY BELEIVE IN MY HEART THAT MY SON WOULD BE HOME WITH ME WHERE HE BELONGS. ANY HELP WOULD BE WELCOME AND GRATEFUL THANK YOU A HEARTBROKEN MOM. MICHELLE MCDANIEL SPOKANE,WASHINGTON
Comment by MICHELLE MCDANIEL — January 1, 2008 @ 6:52 pm
Hi…I hate to burst anyone’s bubble, but if you think that the above correspondence will do anything other than put your attorney on the defensive, you’re mistaken. I represent many parents and children in state custody proceedings. These are complicated matters, to say the least. This proposed letter assumes that your new court-appointed attorney essentially has no other cases of any significance, which is laughable, as I’m sure you would realize. If you insist on representation to this degree, go borrow 25-35k and buy a few months of an attorney’s time and lay out your “demands” to him or her. If you buy a $200 car you should expect perfomance relatively commensurate with your investment; if you drop $40K on a car you expect something altogether different. Why do you think the provision of legal services is any different? Are you that naive?
Comment by MH — April 9, 2008 @ 5:26 pm
Oh, and one other little ditty: go to trial on the issue of parental unfitness after refusing to comply with a service plan and watch your kids be adopted. This is evidence of unfitenss in many states. Do what you wish, obviously, but don’t blame your lawyer when the crap hits the fan. Your an adult, not a child; effective assistance of counsel does not mean that your lawyer is omniscient, particularly when you are your own worst enemy. Grow up, gang.
Comment by MH — April 9, 2008 @ 5:33 pm
MH - everyone has the right to proper (aggressive) representation regardless of how impoverished they may be. The fact that you think they don’t have that right shows what kind of attorney you are. The letter is INTENDED to put bad lawyers on the defensive and make them THINK that maybe they could be sued if they don’t do the right thing.
Anyone who has ever been to juvenile court with a do-nothing public defender will know exactly what I mean.
Comment by Linda — April 13, 2008 @ 8:05 am
About “refusing to comply with a service plan” - I do not recommend that parents refuse to comply. What I recommend is that their LAWYERS should bring issues about the plan to the judge’s attention and let him know when certain aspects of the service plan are inappropriate, unnecessary, and a waste of taxpayer money. As a LAWYER, that is YOUR DUTY. You are supposed to represent your client, not the county that’s making money hand over fist with social security reimbursements by demanding unnecessary “services”.
Comment by Linda — April 13, 2008 @ 8:12 am
It has been over a year and I really messed up I trusted an officer that told us that the home safety plan we had would not keep the parents from commeing and takeing the baby and for me to bring her in for a 24hr hold and get gaurdenship papers and we would get her back. We were told the next day at court we were lied to and a dfacs worker would not tell her name and didnt let us inthe court room and the case worker from cobb dfacs said we should have been in the court room. The worker from dville ga comes out and tells is that they sent the baby back to dville for a72 hr hold and they had closed there case and sent it to cobb county were we lived with the child and they charged the mother with abandament in dville ga and thats a lie the safety plan says the child can not leave my home so the mother could not take the baby with her.And no matter what we do they want let us have her 3 home evaluations and we found her abused in foster care. A case worker says she dont care what we want she knows a couple that needs a baby and she is going to give them the baby. The lawyer for dfacs lies and they dont want listen to the case worker from cobb or ask for reports. And the child was sent to another county to live not the county were the case is. Lawyers dont show and I paid a lawyer an she took our money and would not stand up to dfacs. Now they want to let the couple take the child out of the country but we cant see her. To us the judge lets dfacs rule. THANKS SWEETLOVE
Comment by sweetlove — September 25, 2008 @ 5:32 pm
I thought you were required to also pay for court appointed lawyers. Is that not true? Typically how do court appointed lawyers get paid. Does the defendant when the case closes has to pay for court appointed lawyer fees?
Comment by Salman — October 11, 2008 @ 11:45 am
Sweetlove… the parents of this child need to fight the case with their attorneys… if you are a grandmother or some other relative you have less rights unless granted legal standing by the court. It sounds like your caseworker gave this child to a friend, and so any lie would do to keep the child. Since it has been a year it may be too late, but I’d submit the Declaration of Facts and Omissions and Corrections forms… found here on FightCPS in the Legal Document Library… if not too late. Then if there is a TPR, file for an appeal right away. Best of luck and love to you… I hope you’re in many ways, successful.
Comment by Linda — October 15, 2008 @ 2:19 pm
Salman, the county is supposed to pay for court appointed attorneys. If you don’t qualify for a court appointed attorney, you will have to hire someone else.
Comment by Linda — October 15, 2008 @ 2:21 pm
wow MH you may be right. but we are people and do deserve to have the same legal representation as the rest of the people in the world even though we are not rich. you say you represent families and stuff. so do you treat them all the same or do you treat the ones with money BETTER?
Comment by Mindy steele — October 18, 2008 @ 9:06 pm
MH, you seem to be the one on the defensive now. whats wrong did something someone say strike a nerve? linda i get what your saying.
i may not be a lawyer or anything of the sort but i sure am aware of my rights and totally thing we deserve the best legal representation when can get even if they attorney is just getting paid by the court/county.
Comment by Mindy steele — October 18, 2008 @ 9:36 pm
Mindy - I’m glad MH posted because it just goes to show what kind of attorneys the court is appointing for child welfare victims.
Excellent example, don’t you think?
Comment by Linda — October 22, 2008 @ 4:39 pm
Re “Dos and Don’ts” Yes, keep a journal, but it can be a website, a laptop, a paper file, emails—if possible get them to put everything in writing, document as much as possible, or tape record it, just bring the tape recorder to any meeting and put it on the table, they will protest, but you have a right to record every conversation regardless of what they say or do.
I did not hire anyone, did not spend one cent on private attorneys or on private investigators, I USED the attorneys the County assigned, and you can too, MAKE THEM WORK, BE ONE STEP AHEAD OF THEM! EDUCATE YOURSELF!
Comment by a.j. ovitsky — December 9, 2008 @ 11:42 am
Searching the kids’ rooms—go ahead and search BUT DO NOT TELL THE DCFS INVESTIGATOR!!!!! The less you tell the investigator the faster your case is likely to disappear. ANYTHING you tell the dependency investigator WILL BE USED AGAINST YOU. GIVE THIS INFO TO YOUR LAWYER, NOT TO THE DI.
Comment by a.j. ovitsky — December 9, 2008 @ 11:43 am
here’s a good one about the klamath Defender Services,Inc
I have been through two klamath Defender’s
that has done nothing for me over the last three year’s my child is being abused by foster parent’s as well of our children in this home,C.P.S state’s thats ok,I have filed complaints on C.P.S as well as going to the Oregon State Bar on my court appointed attorney’s it did not do any good
the lie’s that they come out with does NOT match my paper work.I tryed to get my file from the Klamath Defender’s office and they can’t find it( hmmm)attorney’s that have your files can’t seem to find your file
so I filed a complaint to the oregon state bar (Hmm)the attorney’s that I had came up with only half of my file and then I had a hard time geting it because they were going to charge me over $2000.00 dollar’s
for my file…so over the last 9 month’s
I have been with out attorney and been fighting on my own…because the klamath defender services,Inc can seem two get me a attorney….and over a week ago I got
a C.R.B letter in the mail so I sent them a letter and by fax as well to salem oregon
and I have not heard a word out of any of them writting every day and faxes so today I go in two the C.R.B with out a attorney as always they are only one sided
as always…….everything you tell your attorney will be used against you in court
the more you tell them the more they will use against you..I know this because it has happened to me…2 time’s the oregon state bar is no help..anyways good luck and keep fighting it’s a hard road
Comment by JH — December 16, 2008 @ 10:04 am
My mom is a disabled veteran who has recently come into contact with CPS. She had filed a complaint at the VA hospital and the complaint was given to the girl she was complaining about. Needless to say, a couple of days later, CPS was at her door. My mom gave them her medical records without signing a consent thinking she was cooperating but they turned it into “she is an unstable person who is neglecting her child”. She fired her court appointed attorney because he did not want to research any of the false alligations. He told her to comply with all court orders and just “deal with it”. So now my younger sister is in my care while we battle CPS on our own. They have recently had her sign a service plan but now they are requiring her to go see one of their doctors for an evaluation. Is that legal? I was under the impression that you can choose your own therapist. At this point should we hire a lawyer? how much does it usually cost for a case like this? I am in desperate need of guidance. Our court date is just around the corner. Also I have been taking my sister to counseling and the counselor said my sister is suffering from separation anxiety and depression. We live in Texas. What should we do???
Comment by QB — January 5, 2009 @ 8:47 pm
It depends upon what she signed. First rule, after say nothing is to sign nothing.
If you can afford an attorney, I would get one now.
Your mother needs someone to read over the service plan carefully and advise you accordingly.
Also, someone to research your state statutes. Often CPS does things that they are not legally allowed to do.
YOU need to tread carefully as they could remove the child from your care. So, I would keep a low profile while helping your mom.
Document everything.
One thing I can recommend is to have your mother see her own doctor. This may be difficult if she uses VA services and she suspects that someone from the VA is the CPS caller.
At any rate, she should go to a doctor she trusts.
As to hiring the attorney, interview as many as you can (most give free consults)-find one who is accostumed to fighting CPS.
Please join the message forum.
There is a poster / moderator there who knows a great deal about military families and even though your mom is no longer in active service, this poster may be able to advise you in areas where the rest of us can not.
Comment by MaggieC — January 5, 2009 @ 11:11 pm
my daughter was taking drugs while pregnant, most were prescribed by her own ob. she was put in the hosp. about 2 1/2 wks prior to baby’s birth and was told she had to come off the drugs she had been on for years or dcbs may take the baby. keep in mind she was legally on the meds for years d/t bipolar disorder/ anxiety, etc. she got many promises of help and treatment. she refused the meds she was offered in the hosp. except ones used to delay too early labor. she totally detoxed herself. the baby was born and i was made partial guardian she was contacted by dcbs on the day after a bad labor and emergency c section because the baby was not in position to be born, he was sideways. they again told her they would get her in programs and classes to get her help. the baby was sent to nicu because of his juandice, bruising, etc at birth. she was sent home without anything for pain but motrin and has been clean since, has passed 2 or 3 drug tests was being a very good mother to her child, and beginning to rebuild her bond to her 5 yr old.
when the baby was about a month old I accidentally dropped the baby. I was very tired and fell asleep in my chair while holding him(which was not abnormal for me I have slept holding babies since I was a teenager) however I must have let go of him and he rolled off a fall of about 2 ft and his arm was broken. My daughter was sitting on the end of the bed watching tv with me and we both heard the fall and went after the baby and then discovered the injury to his arm and called 911.
A state trooper and social worker came to the emergency department and did an interview and was told by the nurse that the dr. determined the injury was caused by the fall and accidental. the trooper was very kind and unjudgemental but asked questions to determine what happened. he then asked the social worker if they were done there. she said yes, but her and case worker would be out in the morning to see the baby.
we took the baby home and they came out the next day and for the first time in about 4 to 5 weeks talked to my daughter about treatment saying they were having a difficult time scheduling anything d/t holidays. she repeatedly asked them to get her started. and went for a drug test which was negative.
later in the day they called and asked me what medicine i was on and i told them all my medicines. I am on a pain patch, lyrica, metoprolol, lisinopril/hctz, zantac, and have several meds i don’t take because they make me drowsy and I don’t take them unless i’m really bad and don’t have the kids to watch. on the night of the accident I had taken no meds that make me drowsy and because i use my pain meds appropriately for pain and as ordered and because i have been on them for many years, they do NOT make me drowsy. they tended to when i had to first start taking them, but no more. I am on that patch at any given time and take it to be able to function d/t really bad arthritis. I am never “drugged out” or whatever they do when overused.
later that day they called and said they were taking the baby out of our home because of my daughters drug history and that I was on paid meds.
I have been penalized for years because i have to take meds to be able to get around but to lose our baby because of my using my meds the way i’m supposed to is just too much.
we are going for a plan meeting and i just got a lawyer but the social worker keeps making comments about the older child not being “out of the woods yet.” He has lived with me and has been cared for and loved very much by me for most of his life. He knows no matter what in his unstable life prior to living with me, that I will be there and care for him. I volunteer at his school, support everything he does, take him to soccer practice, help with homework. everything. and we are very close. If they take him just because they can it will tear him and me apart.
I cannot say how sorry I am that because of a stupid accident I injured my new grandson, words aren’t enough to say how sorry I am. The night of the accident and days after even now I can’t talk about it without crying. I love him so very much.
My daughter is still waiting, the baby is about 6 wks old and still no classes and now they are trying to make her go away to a treatment plan for 30 to 60 days. We go to my brothers and say with the baby every day and it just isn’t fair to make her go away from her baby. and to have her baby live elsewhere, when she has done everything they have asked.
I have tried to be very honest about what has happened, does anyone have suggestions? Her lawyer won’t even sit down and take to her (court appointed.) I don’t think he’s even heard the story of what really happened.
Oh yes, just for information. I was a registered nurse for almost 20 years. have devoted my life to care for people. I also have 4 children and now 8 grandchildren and everyone tells me what a wonderful grandmother I am. I love my babies more than life. I am not a baby abuser, just a person who made a mistake and will never make that mistake again. Please help.
Comment by sprnanny — January 6, 2009 @ 12:43 am
WHEN YOU GO TO A TPR (TERMINATION OF PARENTAL RIGHTS) HEARING AND THE JUDGE EVEN AGREES WITH YOU (THE PARENT) THAT THE CHILD SHOULD HAVE NEVER BEEN TAKEN AWAY FROM YOU AND THE TRIAL IS DISMISSED. WHAT DO YOU DO WHEN DCS (DEPARTMENT OF CHILDREN SERVICES) DOES NOT WANT TO RETURN YOUR CHILD TO YOU AND WONT ALLOW YOU TO VISIT? THEY ARE DOING EVERYTHING IN THIER POWER TO STILL ADOPT YOUR CHILD TO ANOTHER FAMILY. IT TAKES “A LONG TIME” TO EVEN BE HEARD IN THIS SYSTEM ESPECIALLY FOR BLACK WOMEN.
Comment by Sabrina — January 7, 2009 @ 4:51 pm
I know exactly what people are going through. My 3 great-grandchildren have been in foster care. A worthless court appointed attorney got the eldest daughter awarded to her father that had not visited her in years and wanted nothing to do with her until he married a woman that could not have children. They were taken out of the grandmothers home and put in foster care. then adopted out. DSHS needs to be forced to have a citizen review board before they are allowed to steal children then sell them for up to $10,000.00 in WA state. It is criminal what they are doing. Now they have the baby in foster care and are trying to adopt her out.
Comment by Ellen Rackham — January 9, 2009 @ 1:12 pm
thanks maggie c. i do try to keep a low profile and i comply with all court orders including supervised visitations, doctors visits, dental visits, and home visits just to make sure i do not give them any reason to remove her from my care. we just came back from the status hearing that should’ve gone smoothly because my mother is complying with everything they are asking her to do. the judge was told that my sister is suffering from depression now so his response to this was that my mother should move in with me if she is that concerned with her daughter’s depression. Very rude through this whole thing. Is there a way to remove our case out of his courtroom since he is obviously not looking out for the best interest of the child but more concerned with the personal issue he has with my mother?
Comment by QB — January 11, 2009 @ 11:44 am
It is difficult to switch judges. Be sure to document everything and to get the transcripts from every hearing.
Comment by MaggieC — January 11, 2009 @ 3:12 pm
i will do that. u know, they asked me to take my sister to counseling and i did that. the counselor gave my sister a depression test and wrote a report for me to take to court stating that my sister has suicidal ideations now and that it is in her best interest to be returned to my mother. Well, they turned that around too, saying that they don’t know that my sister wasn’t already depressed before she was removed from the home so now they are ordering a psychological evaluation on her. this is nothing but a circus. i am starting to lose hope. i don’t feel like they will ever stop even though my mother is doing everything they asked. i just don’t know what to do. our next court date is in april and that is half way through the 12 month mark. i’m very scared for my family.
Comment by QB — January 12, 2009 @ 5:55 pm
What am I supposed to do when my state appointed attorney lies to the judge.
I told my attorney that my house was not ready to live in. I was in the process of replacing the carpets with hardwood floors because of my sons allergies.
My attorney told the judge that I was afraid of my husband and that is why I could not have my son with me.
Now I am still fighting CPS to get my son returned. They claim that his father is a threat to his safety, I refuse to leave my husband, so therefore my son should be adopted out.
How do I fight this?
Plus, my social worker has been in and out of a DV relationship and is a heavy drinker. She was drunk at the last FCCRB that we had.
Comment by Ida Hensley — January 12, 2009 @ 10:32 pm
Someone please help me. I have been fighting for my children for a year and half now. Pike County Children and Youth have had me so scared, so I was doing everything they asked of me. I do not believe that I am a bad mother. My oldest son got headlice from school and was missing school because the nurse was sending him home. I dont know what else to do. I had another baby in July of 08. Pike County Children and Youth services came to the hospital the day my daughter was born and said she could not come home with me because I already had an active case. They did not have any court papers or anything. They told us that if we tried to take our daughter from the hospital it would be put on lockdown. I have done nothing wrong. I have completed all drug tests and never have had any problems,they also asked me to do an intake with Mental Health, which is rediculous. I have never had any problems. I just recently got offered a court appointed lawyer, I dont hear from him very often. I do not hear anything from the Caseworker at all. My children are cuurently with my parents, and I want them home. They were placed there on a “voluntary placement” back in 2006, and children and youth told me that I could not have any friends at all. I dont understand what else to do. I only see my children 2 times a month in a room in the Children and Youth office. They refuse to give me anymore visits. I have done nothing to deserve this. Please help me.
Comment by Joanna — January 15, 2009 @ 11:52 pm
More Taxpayer Money for A Useless County Employee
Well, I had another meeting today with my long awaited for court appointed attorney. I was ready. Had my ducks in a row as it were. Documents, notes, etc in hand. I even found a wonderful example of a “make your court appointed attorney work for YOU” letter on an awesome website I found called http://www.fightcps.com. The information and resources this website has are amazing, but anyway. I typed up my letter of what I wanted and expected from this “county paid” attorney.
Believe it or not I was flat out told “I will not do any of the things you are asking for.” “Fighting DFS is pointless.” So I asked “so you want me to just roll over and play dead?!” She actually had the nerve to respond “It is my expereince (17 years), if you follow the case plan, you will get your daughter back.” I askedagain, just to be clear “so in 17 years you have never had a case where the parents jumped through all the hoops and didn’t get their children back?” She responded “never”.
I had to point out that in all of the research I have been doing lately, that is certainly NOT the norm. I mean, I have read the horror stories of where parents jump through all the hoops and never get their kids back. Then there is the whole I AM NOT BEING CHARGED WITH ANYTHING OR EVEN BEING INVESTIGATED thing.
I mean am I the only person in this dang county that thinks that it a major problem????
I am obviously the only person who thinks convicting someone on “because I say so” is wrong. They have proven that here. I still can’t get over that. But that particular part isn’t my fight - would almost be easier if it was. I personally AM NOT BEING CHARGED OR INVESTIGATED!
So I am sitting back, waiting for our next hearing, a “disposition” hearing which according to this brilliant attorney I have now is “just a status conference really”. What a crock - this woman still doesn’t get it - I am not stupid. I may not be THE most intelligent person out there, but I am fairly smart. Smart enough to know when wrong is wrong and dammit this whole thing is just WRONG!!!!
Admittedly when I first began going through this I thought to mysself, surely none of this can be right. They can’t do this. Then I started researching. Then I started emailing and begging for help. Then I started discovering all these groups (like http://www.passagegroups.us and http://www.fightcps.com), newpaper articles about the horror stories, the parents rights groups like the National Parents Rights Association - and I discovered - oh my god - I am NOT alone - and oh my god - they (DFS/CPS) makes a habit out of this sort of thing.
Somehow, someway, I have to find a way to get the word out about this place. One thing I have discovered in all of my research so far, is that ironically, there is not a whole lot of information about Wyoming as far as statistics go. Admittedly, I am not done looking yet either.
I would love to find a way to find all the DFS cases my so called attorney has worked over the last 17 years to see if what she is saying is true (that children are always returned to the parents IF they complete the case plan). Call me cynical but my gut tells me - she is full of it!!!
Comment by Lydia — January 16, 2009 @ 10:39 am
NEED AGRESSIVE ATTORNEY IN ARIZONA! High profile case.
Comment by K.P. — January 24, 2009 @ 5:24 pm
i need help finding a lawyer to take case against cps
Comment by misty cristello — January 24, 2009 @ 6:53 pm
Hello, I would like to let all of the parents know who’ve ever had there children taken, that I’m in the same boat as you. My children were taken from me just last week because of a social worker who did not like me. She offered me to take classes for reasons that had nothing to do with my children from the start. After I asked her why did I need to take the classes per I did not refuse to take the classes, however one week later she went to my children’s school and removed them. And I work in the same department as these social workers. But I do know that my rights were violated due to the fact that these classes are voluntary and not mandatory.
Comment by Maureen Smith — February 24, 2009 @ 12:04 pm
I am a Missouri resident who applied and past my home study in Missouri to gain conservortership of my two nephews in Texes. However when I went to court to get the boys, CPS denied me for very rediculas reasons. Things that they could have just asked me. Such as why I don’t pay child support on my son. So they remain in CPS coustody. Placed in a Cathlioc home and have been Pegan raised children.They had the boys in care for 10 months before they attemted to even go to my sisters home,and 15 months before they filled out her family history report,this was completed when I went to court in the hallway.What kind of system is this? They have allowed the foster parents to file interest on the boys,and the court has not even terminated on my sister yet…My sister is being railroaded… She did however request a jury trial, begining April 14,2009…I’m dishearted and lost…Any help or advise would be greatly apprecieated…
Comment by Nicky — February 25, 2009 @ 9:21 pm
TO WHOM IT MAY CONCERN WHAT DO YOU DO WHEN YOU HAVE A COURT APP AND YOU CAN NEVER REACH NOR DOES HE RETURN YOUR CALLS AS NOW WE ARE FIGHTING DHS EVEN MORE AS WE WAS SOPSE TO HAVE OUR CASE CLOSED ON 3/2 BUT NOW DHS CAM OUT AND TOOK OUR CHILDREN AGAIN ON 2/4 ON ANOTHER BUMMED UP INVESTIGATION BUT I GUES THATS WHY OUR FREINDS SAY FREMONT COUNTY SUCKS…
Comment by walter dixonsr.co — March 5, 2009 @ 9:55 am
on jan 18 2008 i was arrested for a dui my 2 boys were taken by cps upon resolving that matter i was reffered to a stringent family reunification plan it is now march 2009 i have completed all requirements asked of me by the court but i have had ongoing trouble with my social worker i knew within 2x of meeting her she had no intention of returning my children to me i told my attorney this he responded with just get an apartment and everything will be fine well first of all i am a disabled 40 year old male single father i was told i had a total of 18 months to complete the program at my12 month hearing the social workers recomendation was to cease my services on pure nonsense i need only complete a parenting class and all requirements are met but as i said before linda mendosa has decided a long time ago that i should not get my children i was instructed to leave my mothers house my only place of residence and to sever all contact with my only support group my family so for over a year i lived in tents or where ever i could while i compleated these services i have tested clean at all times and graduated all classes so why do i know have to go to a jury trial when my lawyer will not even call me back i feel hopless i love my sons with all my heart i made a mistake but made ammends for it but i am still being punished for it but most of all my children are suffering!
Comment by kevin doyle — March 5, 2009 @ 10:02 pm
i am so confused at what my rights are concerning my daughter. We have already been going through the system for over a year now and my daughter’s well-being has been deteriated since she has been taken from me. the allegations my daughter made from the start were unfounded and now I cant understand why they still took her. I complained about the court appointed attorney I had and they still left me with her. HELP ME PLEASE!! I love my daughter and I want her home.
Comment by Dina Genetiano — March 11, 2009 @ 7:22 pm
this is great information, it is right! i hope my attorney doesn’t fire me, lol.. she’s been my attorney for over a year and i’ve been doing the work, i’m almost my own attorney, great information, i’ll be letting you know the results
Comment by sarah — March 24, 2009 @ 11:15 am
I am concerned for my friend she just found out her nine year old who has issues has been doing stuff with her 3 and 4 year old and just found out last night during meeting when her daughter had said out loud he put his penis in my mouth right now she is homeless but is staying with me for another week because she just left her husband she called her nine year olds therapist to see if there were any state funded programs she could send him to to get help because she no longer wants him around her girls/ his sisters and I don’t want him around my kids anymore and he pretty much said no And that he was obligated to call CPS I feel horrible because I was the one that told her to call the therapist to see what she should do! to add to it her nephew who is also nine has been living with her since he was 2 months and she only has legal Gaurdianship and he is a ward of the state so she is scared to death of losing him!!!!!! she wants her son out of the home but not her nephew, Before she speaks to CPS what should she say? Can I get in trouble for having them stay with me now since her son has “issues”? our home is clean we have plenty of food , our kids are well dressed and have nice rooms , and they have been sleeping downstairs we gave my friend the upstairs untill next week
Comment by D — April 22, 2009 @ 10:58 am
I have a problem with CPS in AZ. I have a 4 year old son and a 6 month old son. Unfortunately I do not have medical insurance and I have not been able to take my youngest son to the doctor. CPS was called because my 6 month is small for his age. I talked with the caseworker and did everything I was asked to do. I reapplied for insurance through the state and took my son to the doctors appointments that they recommended. However, my caseworker seems to have a different agenda than what I thought. She tells me one thing then she recruits others to say different. She has breached my confidentiality from day one. Immediately when we went to any doctors office, the first thing she would do is announce herself as a CPS caseworker and tell them my son has been medically neglected. Now everyone is looking down on me and its tilting the case in her favor. She also went to visit my oldest son’s grandmother becuase my son was visiting her at the time. She was suppose to be checking the environment. However, she gave them information about my youngest sons health situation and the case information. Which has nothing to do with them because the are not related to my youngest son. She told them that she has reports from three doctors saying that I neglected my son. She told them to come to a TDM that took place the next day. At this point they had already given me a 72 hour temporary custody notice because the doctors office would not see my son without insurance and this was the only way it could be paid for. I contacted her supervisor to complain about her volunteering confidential information to my sons grandmother. Her supervisor told me “she would not do anything that she is not suppose to do because she’s a good worker”. He told me we would discuss everything in the TDM and he would have her to call me. Immediately after we hung up the phone, he called the caseworker and told her everything I said. She called my son’s grandmother and asked if she told me anything because her supervisor told her I was upset. Obviously reporting her to her supervisor did nothing. This lady now has a personal problem with me. She is now recruiting my ex to take a paternity test and put his name on my sons birth certificate by telling him that he can take my kids and make me pay child support because I have a CPS case against me. Thankfully my ex does not want to do that although she continues to call him and try to encourage him to do so. This was the first issue. I also took my son to the doctors office for an appointment yesterday. We I arrived, one of the girls that answers the phone tells me to ask for a new caseworker. I asked “why”. She says “the caseworker called to confirmed that you made an appointment and she told me that your son has been neglected and he is very small”. I could not believe my ears. This lady obviously has no discretion. The girl said “I think she’s trying to make us look at you differently”. At this point I am very upset. I don’t know how to pursue this and how to stop this lady. She has tried to make me look like the worst person ever. I am a 23 year old single parent that receives no assist from anyone. I take very good care of my children and make sure that they don’t want for anything. This lady told me that they cut her pay and she doesn’t make much money but I would think after working for CPS for 5 years, she should know better. My son is now on a in-home dependency until we go to court in 3 days. Somebody please help me. I don’t know what to do about this. My babies need me and I need them. What do I do?
Comment by Rae — June 6, 2009 @ 1:50 pm
Something seriously needs to be done about CPS.I am a grandmother and CPS is causing nothing but nightmares for our family.My daughter has a 16 month old and the baby’s father made a call to CPS that my daughter ,me and my son was all doing drugs and the baby was being neglected.He has since been arrested on a drug charge and now doing time in prison.My daughter has proof that he made the call to get back at her.It was shown to CPS and the court but CPS insists on being a problem.We have taken drug test to prove our innocense.Still having to deal with these cold-hearted bastards.I often wonder what if the shoe was on the other foot.what if they were investigated for something unfounded and had their children put through a situation or removed..I have read every story on this page and my heart goes out to all of you.I wish all of you the best of luck.I pray for all the innocent victims that are being harrassed by CPS.Where is the justice or should i say where has it gone.god bless you all
Comment by Beth — June 30, 2009 @ 10:18 pm
I’m currently having a problem with cps in NY. They took my children away from me and my husband claiming that were neglecting them. Only because my husband and i argue sometimes but never in front of the children.
Its been about 2 months now and now i can’t even see them at my moms house cause she’s working along with cps trying to keep my children and we can only see them once a week. CPS claims that my husband hit me with a chair in the head when i never stated that but they said i said it while i was in the hospital.
The real issue is that the case worker from cps visited me in the hospital repeatedly telling me to divorce my husband and that if i didn’t she’d take the case to court and thats exactly what she did.
Comment by Wiefy — July 22, 2009 @ 10:17 am
Hi,
I sure wish I had come across this site over two years ago.
I will be wrting more here, as time permits, but I will tell you one thing; My infant granddaughter will not have died in vain when I’m through with this whole mockery of the law and ALL OUR HUMAN RIGHTS!!!
There is no worse thing for a mother to have to do, then to have to tell her daughter she will never see her baby, again.
A baby who was stunning at birth and healthy and whose mother took every precaution for a healthy pregnancy and outcome. A mother who looked forward to breastfeeding and nurturing her beautiful daughter in the lovely nursery she had worked so hard on; only to be thwarted by the cruel hand of the system who stole the baby shortly after her birth, via surreptitious and felonious means, ~a system, which had already made egregious and biased decisions against her, by placing another daughter in 2007,(shes now four)with the abuse and dependency enabling mother of her abuser(who now has liberal visitation with her now four year old daughter, with his mother overseeing it~courtesy of dyfs!!!).
Now she even finds out, while still in morning, that this family has been given permission by this state’s biased farce of a “family” court, to leave the state, ~this, after one of the reasons this state said she couldn’t have such liberal visits with her daughter, was because she was trying to take her daughter with her to stay at her father’s home in NY, when she was trying to escape the abuse!!!!!!!!!!-Which dyfs lawyerS, in court, construed to the judge, to make her considered a “Flight Risk”!???????
Most of what is happening here, is happening to the disadvantaged and the taken-advantage-of. A lot of what is going on now; arises out of class bias, and also is a means of backlash against the barely perceptible progress that women have made, against abuse and the impoverishing ways of an almost implacable financial/job prejudice.
This country doesn’t want to know what is going on! ~It had better WAKE UP!
~MY GRANDDAUGHTER NO LONGER CAN!
Comment by S.A.S. — July 26, 2009 @ 11:58 am
what happens when a step child lies to help her mother and the man gets put in jail for abuse now fight in both courts for my freedom and to get my son back his mother and i fell out of love with each other a long time ago and we had talk about bracking up and how she was not going to take my son she knows she could not deal with me in court on an even playing field so we finally said we would get a divorce 4 days latter i got put in jail for sex abuse now my step daughter moved out of the house 2 years ago now that her mom and i going to have to fight in court over my son all of a sudden this stuff comes out that i abuse her a her younger sister now my wife is also trying to say now that i hurt my son as well this is a very horrible thing going on cps is all over me along with the lieing lawer the court gave the kids i truly feel if i was not a blackman and my wife was not a white woman some one would have looked at this along time ago and said somthing is not right here and look a bit deeper .but no they just go along with the BS that was told to them and now i am in the fight of my life for my self and my son
Comment by mike — August 15, 2009 @ 11:52 am
Help. I have seven children. I had just moved back to town an they took my children due to housing issues. It’s now been about nine months my children we’re first split up an put with family. The three oldest went wiht my sister then the four youngest went with the PG. My oldest daughter was sexually assualted. So they had to be removed out of their care in seperated into two different FP placements. THe girls are together and my oldest boy is by hisself. Now since then my girls have been locked out of the FP home, cut with a box cutter had to get thirteen stitches. THen they tried to say you was not listening to FP and she tried to commit sucide maybe. Next my five year old daughter set the grandmothers house on fire. They moved and for a long period of time did not knw their whereabouts. Now my girls have been moved two more times. Don’t hear from them an have been force to visiting with all my children once a week. Recently my four babies have been seperated an put into two seperate Fp’s home. I so far lost i DON’T KNOW WHAT TO DO. PLEASE CAN SOME ONE GIVE ME SOME ADVICE AS WHAT MY NOT MOVE NEED TO BE. ITS MORE TO THE STORY BUT THATS THE MOST IMPORTANT PART FOR NOW.
Comment by E — September 16, 2009 @ 9:11 am
For E and whoever else needs it - you can get feedback on your case from other victims of CPS at our message board.
Have you written an affidavit to explain things from your side? If you take no evidence / paperwork to court the judge is likely to go along with everything CPS suggests. See the legal document library on this site. Make a document called “Objections and Corrections to the Report of the Social Worker” - there’s a sample in the legal document library on this site.
Comment by LindaJoMartin — September 16, 2009 @ 2:05 pm
I read through all the stories and it makes me angry. I am a Christian that respects others beliefs. The young lady whose nephew was put into a catholic home when he was raised pagan violates his constitutional rights. My children were removed because I dont like what they say so I tell them by yelling at them. I know its wrong but I become so angry at the bullspit that I lose it because I can’t believe this crap is coming out of their mouths. They are suppose to help and respect everyone from every socioeconomic background but they put their own feelings and beliefs in there and the Judge believes them.
I was beginning to believe that maybe they are right I do have an anger problem but the psychiatrist they sent me too says that I’m not that I’m like the average black woman that refuses to take crap from anybody. And if the judge didn’t have the authority to put me in jail I would’ve told her that she was a mindless beast that is allowing herself to be their puppet without asking for evidence. These judges are crazy. And there are two good judges on the bench in Marion County, Indianapolis, In and they are judge Jensen and judge Danielle Gregory. Gregory from my understanding was fired from the bench for texting a married man during court sessions. Although I don’t agree with her texting, I think its wrong to fire her because she is hanging out with another human being. She was a very fair judge and the last two time dcs took my kids she sent my kids back home because I had the evidence that they lied.
What are we going to do people??? We need to start lobbying and letting the representatives know that we are in desperate need of their advocacy. If we don’t get their help they won’t be voted in come next election. We should start getting all the victimized parents registered to vote and see if we can get more than five thousand signatures, and I know we have at least that many involved in the system if not more in the state alone. But anyway we should show them these signatures of registered voters and let them know that we are being wronged and that the Judges are unfair and biased and that they need to help change the laws that help legal kidnapping and legal parental rape. After showing them the names we will let them know that they have families that are registered to and there goes the domino affect. But we must be serious in doing it though. We should have been proactive from the start.
If there is anyone reading this in the state of indiana please contact me so that we can get together and make change for our children. These people need to be put in their place. In criminal law they need proof to lock someone up and even for the death penalty but it changes in juvenile/family court. Lets make it universal shall we people????????
Comment by Kim — September 23, 2009 @ 10:18 pm
My pro bono attorney is not helping me, he was assigned to me after I fired my paid attorney because she did nothing. The judge saw that I was filing my own motions pro-se and assigned him to me. I need someone who will take my case seriously, my children were literally kidnapped by CPS and the judge keeps pushing court dates back because she has a poor memory and overbooks herself.
Comment by Michelle — September 29, 2009 @ 3:55 pm
help they want totake my kids i need a great lawyer fast in n ny to handel case please help
Comment by dawn — October 6, 2009 @ 5:38 am
Im a 35yr Latino Father of Twin Boys 14 months old that CPS is Taking away from me. My Social worker has Put me thru so much,my case plan is so overwhelming, yet i havent deveated from it and its been Perfect to the Letter. At court my Social Workers Arguement is that im just doing the walk and not learning anything from all my classes. Completed Parenting class D/V classes MOAB classes Matrix Program and FPC(family preservation court) still im the Bad guy i need Help ASAP please anyone. DEVESTATED FATHER
Comment by Javier pina — October 8, 2009 @ 1:28 pm
My 4 children were removed from their mothers home and taken to my home in the country. The children went back home with their mother because CPS thought they were better of with their mother and I figured, I could continue working on my home since, when they are with me their is no time for working on my home and caring for them . It was as though I was still working out of town. I had to pick them up from their same school. It was easier than uprooting them. The mother of my children has been vindictive towards me ,blaming me for calling cps. which is not correct and has been attacking me through the children. Three out of four, have adapted to her ways by ignoring her. I have one child in cps custody that has a harder time, in ignoring her. My daughter is somewhat like me unwilling to lie for her own sake. And I am not the one to teach her because in my home their is no need. They treat my daughter as though she committed a crime in speaking of her abuse by her mother, threatened to be put in detention., If she chooses to live with her father. She lives in fear in the group home she was put in. Because of this situation I lost my job, they cost me another , and are interfering with my being able to get another job by making all this hearings so close together. Almost as though, that were the plan. My daughter was raised with threats and abuse in her mothers home. All my daughter wanted was her mothers LOVE. I do not see why cps has to abuse my daughter in the same way as her mother.{threats and abuse} when you threaten any child causing that child to live in fear is abuse. The action cps is taking is teaching my daughter that the mother was right what happens in the home should stay home. If that were true, than who will protect the children? It pains me to think that my daughter thinks she only had a few more years of abuse from their mother which would be more tolerable than with strangers. for years my children tried to say something of the abuse only for it to fall in death ears and when the day comes they get more abuse by the same people that are supposed to help them.
Comment by Steve Holguin — November 4, 2009 @ 9:22 pm
Iam so sorry for all these comments ive read. I and my wife are in a very bad dept of health and welfare case here in idaho. It allstarted because of our daughter(my stepdaughter). See i have been with my wife over 10 yrs now. I have raised her daughter from age 3. Last yr (oct 2009), I was arested for false allegations, allegations brought by stepdaughter (shes 14 now).I was facing 20 counts of lewd conduct with a minor, spent 5 months in jail fighting these allegations, i had a county attorney (who suxed) and only could get me a felony injury to child plea..so i took it..was released from jail, well i sold everything i owned and hired a private attorney and well..we had the plea overturned, agian i was facing 20 counts and life in prison for a crime that was false. Well my stepdaughter apparently wrote a letter to the judge about how she had lied about the whole thing, ALL CHARGES WERE DISMISSMED!!!
Wellduring they last 18 months we have been fighting health and welfare here in Idaho..too no avail! We still have a case open..BS..it all stems from the orig abuse charges back in oct of 2008. They have court ordered guardianship for my stepdaughter and taken my wifes parental rights from her, they are trying now too take our 2 children we have together from us also…They (judge) has ordered a PSYCHOSEXUAL EVALUATION from me now before they will let me and my wife live together with our 2 children..? How can this be legal? I was not found guilty? It seems to me they are are just adding crap too our case plan..Well long story short we have agian another court appt attorney..and she anit doing her job..!!! Go figure???
James.G-Idaho
Comment by James.G — November 15, 2009 @ 2:42 pm
This is what really gets me?
Here is the legal basis of the county’s jurisdiction:
UNSTABLE HOME ENVIRONMENT I.C. 16-1610 (A) AND 16-1603 (B).
See not (ABUSE), not (SEXUAL ABUSE), not (NEGLECT), not (ABANDONMENT), not (HOMELESS)..?
Here is a copy of the letter my stepdaughter wrote…:
Dear Judge,
To whom it may concern, I B******* G******* have lied about my stepfather James.G on molesting me. I know I was wrong for what i did. I know i shouldnt lie about those kind of things. I lied because i wanted him out of my and my moms life. I have tried to take back my story with health and welfare, but they said i would stay in foster care and could go to jail if i take my story back. I dont wanna be taken from my mom and family. I got into a big fight with my stepdad james that night and was tired of him arguing at me. So i wanted him to go to jail. That was the only way to get him out of my life by saying that he molested me. I want this state to drop all charges agianst my stepdad. I know i was wrong for what i did so please forgive me.
Sincerly,
B******* G*******
So my question is this? Why if this case with the dept of health and welfare is based on the allegations my stepdaughter made in 2008 ( oct ), why is it still open? why have they decide to take my wifes parental rights away and give guardianship to someone else?Why do they feel we should continue this stupied case plan? Agian the legal status of the case plan is (UNSTABLE HOUSE ENVIRONMENT)???? NOT abuse of any kind? And now there forcing us (wife/me) to get a divorce or they will take the younger 2 children from us?
Iam in the process of filing a civil lawsuit agianst the dept of health and welfare and also agianst the county/state.
See the other day when we were in court another couple were in the same boat as us..but see they told me something funny and wierd? They got a divorce and he gave up his parental rights to his wife and they closed ther case..??? WTF? Now ive seen these people agian (a month later) and they were in the process of getting rmarried to each other..they have there kids back..and there case is closed? Seems to me that they found a loop hole?
Any comments would be greatly appercited..ty
So iam in the procees of a divorce now..I love my children but for there best interest i need to get health and welfare outta my and there lives..they’ve done nothing but lied.
Oh and get this the judge even had the nerve to say quote ” I’m tired of u and ur wife wasting tax payers money, so just do what the dept asks”..are u serious? Arent court proceedings recorded or taped? dont we as parents have access to these court records?….THANK YOU ALL
any help with this would be so greatly apperciated..and any knowledge on anything would be great..
also we are at the final stages of these court proceedings..coming up close to perm hearing here in jan…thank good it only takes 45 days to get a divorce..
James.G
Comment by James.G — November 15, 2009 @ 3:16 pm
James, if the attorney won’t write legal documents for you then write them yourself and submit them to her before court. Samples here: legal document library, though after all the unfortunate legal experience you’ve had you may have seen these before.
Comment by LindaJoMartin — November 15, 2009 @ 8:19 pm
Re: your second comment… you can get court transcripts but as I understand it in most jurisdictions they are quite expensive. The couple you met probably will be re-attacked by the system because she let him back into her life.
I’m glad you’re getting ready to file a civil lawsuit against these CPS family-abusers. It is the only way they’ll learn they’re not invincible.
Comment by LindaJoMartin — November 15, 2009 @ 8:25 pm
Earlier in the year my ex-wife had a mishap with cps and cps brought the kids to me. I live in Marana. She immediately signed custody over to me then ran. She came back a couple months ago claiming she changed. But she lost them again to cps. I was living in the travel trailer at the time and started to work on a 1974 graham 70 foot trailer. It is big enough for family of three. To put it straight to the point they told me if I move to Tucson I can get my daughter back. I am aware that Tucson needs the money, but holding my daughter hostage isn’t the way. They cost me my job , I’m losing my home, And at this point they are forcing me to public assistance, so I cannot see what their gain is in all this. I am a Maranian not a Tucsonian. I would rather help my own part of the world. If your’ wondering how they could cost me my job is very simple by making appointments and then canceling at the last minute knowing that I would have to get off early or take a day off to comply. layoffs come around and you are not there all the time.” too bad. we need people here all the time, put him in layoff. He can fix his problems now.” That is what they say but records show differently which gives me unemployment but doesn’t help where it counts. If the mother is accused of abuse and she is married and living with her new husband of seven years or so, does that make the non-custody parent responsible for her actions? Or do I have the right to go to their home and be a pain. Or is the right thing to do is to let her go and live her own life, when she wanted them she got them even after she was accused. Apparently they had nothing on her, or they truly don’t know what they are doing.
Comment by Steve — November 18, 2009 @ 10:57 am
Steve - Maybe it is time to file for a state administrative hearing, or perhaps you need to go to court again - I guess the right move would depend on what the court order states. I looked for Marana on the map and found out it is only a few miles from Tucson, so I don’t understand what the problem is. Is it in a different county? If you moved to Tucson to get your kids, you could move back to Marana when the case is closed. (Just a thought.) It just seems odd to me that they want you to move when Marana is just down the road a few miles.
Comment by LindaJoMartin — November 18, 2009 @ 2:24 pm
How can the couple be re-attack if the case is closed?
Comment by coffee — November 21, 2009 @ 12:26 am
Coffee, once a CPS victim, always a CPS victim? Unless you know how to cut them off at the pass they will consider you fair game.
Comment by LindaJoMartin — November 21, 2009 @ 9:45 pm
in my county they call it family preservation, ha, more like family chastation. i have completed my case plan that i had to pay for all the way, and still i have supervised visits and when i ask the case worker what is going on she simply says i don’t know. if she doesn’t who does in the meantime, my children are not w/ me, the one real person that would take care of them!
Comment by denise — December 13, 2009 @ 6:37 pm
Denise, what does your court order say about visitation? Does it leave the amount of visitation up to the caseworker or is it set in the court document that you can have visits only once weekly for an hour? If it is up to the choice of the caseworker, you can file for a state administrative hearing to request more visitation, overnight visits, unsupervised visits, etc. Usually increases in visitation will indicate that your children will eventually be sent home.
Comment by LindaJoMartin — December 13, 2009 @ 7:20 pm
This started one year ago. Since then my fiance moved out of what was our home so I could get our boys back. Since then the boys and I have moved into an apartment ($) and he is living with friends while we try to save “our” daughter and our family.
How is it that a DCFS indicated report can be unfounded one minute and founded the next, in addition, after a director’s decision expunging all allegations has been made how can the affected children remain in custody of the court and DCFS and lastly, how is it that these two parties are allowing one of the children to be in the care and custody of a convicted child abuser, who upon a decision made by a previous court is to not have any child under the age of 18; including her own, in her care?
How is it that an Assistant States Attorney has the power and authority to conceal information and misconstrue the facts pertaining to the case when they had knowledge of the facts; first hand, prior to this courts date? How is it that a neglect/abuse investigator and caseworkers have the power and authority to falsify, mislead and control a court with nothing more than neglect of law and the orders it makes? In that court, how is one to find justice when the administrator thereof refers to one as a perpetrator in open court? Not only that, but what is one to do when their appointed defender ignores and threatens them when they question what is going on?
Who is accountable, who is responsible and what can be done when a family suffers in their control?
Comment by KimD/S. — January 18, 2010 @ 7:25 pm
First, my thoughts and prayers are with each of u. Secondly, thank the GOOD LORD I live in FL and not some of the other states. My dealings with DCF (fl version) were actually not too bad. I had been accused by the non custodial parent of my guardian child (teen son’s best friend). Luckily, I had an existing protective order against her, and provided copies to the DCF agent. in FL, our local sheriff’s office has control of the investigative part. The agent was extremely nice and actually went above and beyond. One home visit, case was declared unfounded. Could have been MUCH worse due to circumstances.
For the rest of you, PLEASE DO NOT EVER GIVE UP! I will b praying for all of you!
Comment by A FL Mom — February 11, 2010 @ 2:17 pm
FL Mom, glad to hear the accusation was dismissed. I think it is important for people to realize that just because they’ve been contacted by a caseworker, it doesn’t mean the worst. 80% of accusations are not turned into full-blown cases. Many investigations are dismissed as unsubstantiated.
Comment by LindaJoMartin — February 11, 2010 @ 8:36 pm
Hi I am in Ohio I will love to know if there’s help in Ohio
Comment by Tie — March 11, 2010 @ 4:31 pm