is this case false or what?![TEXAS]

[Damiken090]

Before you read this, it is long and I do hope you skim through it, understand this!

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CPS believes that children should not be removed from their homes except to protect them from abuse or neglect and when there are no reasonable efforts CPS can make to provide for the children’s safety and prevent their removal. CPS is allowed by law to remove children for abuse and neglect or for being at risk of abuse or neglect only after a court orders it or when there is no time consistent with the health and safety of the child to obtain a court order and the person taking possession of the child has sufficient knowledge or reason to believe:

there is an immediate danger to the physical health or safety of the child;
the child has been the victim of sexual abuse;
the person with possession of the child is currently using a controlled substance and the use constitutes an immediate danger to the physical health or safety of the child; or
the person with possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamines.
If your child is removed from your care without a court order, the court will schedule a hearing for the next working day. When children are removed, the parents will be asked to complete a Child Placement Resources Form in order to provide the names of three people who could care for their child while the parents participate in services.

I am at 16 year old that has been removed from a home.
I feel it is on false pre-tenses and is not right!

This is how it started:
(1)
I was being bullied in school, and got in a fight.
(2)
I was having trouble at home and talked to a teacher about how I felt about being without my mom. ( I had just recently moved in with my dad because he kicked me and my mom out. But because my mom did not want me to be on the streets with her, she made my father take care of me. )

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My mom and I lived in poverty since I was 6, my dad was rarely around and he was not supporting us. He was making 4000 a week and not giving us even 20%.
My mother and I had sometimes gone without days of eating or drinking, sometimes a week or three without water.
We never had cable or anything, only service we ever had was cheap internet. (Well actually just dial up, free dial up.)
Well because I was poor, short, had a squeeky voice, and a few other things, I was bullied in school.
Eventually my mom got a good job when I was about 10, and she started making better money.
Enough to buy me okay clothes.
Bills weren't always paid late, and etc.

Blah blah, around 12, in middle school, the bullying got worse.
I began getting in fights and people were all around making fun of me because I was silent and so on.
eventually my mom withdrew me from school after school, after 3 schools she withdrew me and said we were going to do another type of schooling.
she was thinking and thinking, but she had no actual idea what to do.
i was gaining weight and no longer going outside, I was becoming depressed and feeling distant from reality.
She decided to keep me out of school for now, that 'now' went on for 1 and a half years.
She was going to pay for online classes after 3 months, but they turned out to be too expensive. She sought help from home schooling programs and ran into many programs. At 6 months we tried to go back to a school but they wanted to take her to court! Scared of losing me, she idled.
Eventually I did get home schooling a week or two after that, and I was an all A student since 1st grade.
__


(3)A counsler had a meeting with me and asked if I was safe at home and how it was.
I said I was fine, I had a bump on my eye after I had told the teacher about the problems at home. ( arguements )
It was a cyst or pimple, and the nurse did actually come in and verify that.
But still, after the meeting a CPS social worker came the next friday.
(4)
The CPS lady said everything was fine, except for my room. (When she did go to my house that Friday I had clothes all over the floor infront of the dresser. I ride the bike to school, and I was in a hurry, I usually just clean messes after I get home.)
(5)
We never saw her again, we assumed the case was closed as there were no red flags.
Then my dad got shot in the face, which she apparently didn't even know about.
How did she find out? Well my grandma, who for some reason, found it necessary to check on my room any time she was in town.
Well the night my dad was shot, my room was messy and things were everywhere, there was a plate of food in the room as well. ( I was in a hurry to get to the hospital because my dad was shot, and the food was because I was eating before I had left.)
My grandma called me and started screaming at me saying how dirty I was living, called me a pig, called me other names regarding my weight, and then said something about my mom.
She said my mom was unfit and a slob, I got angry and I screamed at my grandma and told her to stop talking trash.
my entire family knew we lived in poverty but never actually wanted to help. ( Most of my relatives are wealthy people, I am not being a snob or anything, but they have okay lives and homes, as well as 'toys'. ) So I went on about that and asked how she had the right to suddenly get in my life and act like my mom.
After that call she said she was turning off my phone, and told me to get out of the house, then she said she was going to call the CPS lady to come take me to a boy's home. Then she texted my dad's fiance and my dad's fiance posed as my father, and texted his friend telling him to tell me to " get the F&&& out of the house. " I broke down and had texted the CPS lady that I would like a meeting with my grandma to resort the boy's home thing.
Apparently she didn't know what I was talking about.
Now I need to add this:
My grandma on many occasions threatened me with:
" you better be sure that room is clean/ that you aren't acting up/ that you are doing what you're supposed to, or I'll call the cps lady again and tell her to put you in a home. Because she said if I have any problems, I can put you in a home! "
Which she did not.
Infact my dad and mother are the only ones to decide.

I broke down and packed everything, and I got a ride from my sister. I went my mom's Apartment ( she got one nearly 6 months after being kicked out ) and told her everything.

The social worker called me ( 3 minutes after my phone got turned on, I was confused why I was getting a call ) and told me that I am not allowed to stay with my mom.
She said I had a choice to stay with my grandma or be put in a home. She then proceeded to say that my father is now unfit ( in the hospital ) to be your parent.
she asked where I was and then to speak to my mom, and I let her.

Apparently my mom was filed for abuse/neglect because she was 'unreachable' at the time the investigation started.
Weird, really.

Well the next day my grandma came to pick me up, and took me to my mom's work, then the CPS came. ( my mother was in work at the time. )
she made us sign this:

Instructions for Authorization Agreement for Non Parent Relative
As required by Senate Bill 1598, 81 Regular Session, DFPS developed The Authorization Agreement for Non Parent Relative, Form 2638. The form is not a DFPS-specific form, and is intended for use by parents and certain relatives in order to permit relatives to take specified actions and obtain services on behalf of a child.

DFPS cannot provide legal advice to members of the public regarding the use of this form. Should you have questions about how to use this form, DFPS encourages you to consult with a lawyer whose practice includes family law and custody issues. For more information on how to locate a lawyer, visit the State Bar of Texas lawyer referral website at: http://texasbar.com/am/template.cfm?section=home

The authorization agreement must be signed and sworn to before
a notary public by the parent and the relative.


My mother did not swear before anyone, or swear to anything at all.
The social worker read small sentences from the paper, stating that it would give my grandma rights to provide for me, and that she was not getting custody of me.
she also stated that the agreement could later be nullified or broken by the parent.

A week later my mother's house is checked and approved, and the social worker said that once I am approved by a shrink I could stay with her.
She said the shrink has to prove that I was not neglected or abused, mentally.
Then a day later my grandma turns off my phone because I got upset when her and her boyfriend, for the 900th time started talking about me being inside all the time, gloomy, sad, and then saying I need to exercise and get off the computer.

I have a reason to be depressed for one, and I am interested in the computer greatly. ( I started getting into scripting, programming, etc, at the age of 13. )
I got angry at her and blah blah, altercation, phone gets turned off.
My mom told me to tell my grandma that she doesn't have to worry, and that she is fighting for me.
my grandma called the social worker and told her that my mother was telling me to lie to the shrink, and telling me to stop being nice to my grandma.
Then she was telling the social worker that I was being disrespectful, even though my grandmother was the one insulting me. she provoked me.

Now she says that I will not be back with my mom until I am 18, and that the agreement she signed stated that. ( yet she herself did not state that to my mother. And she also told my mother that she could get me back eventually. )

Please help me, I feel that being here with my grandma is emotionally stressing for me. I would rather be with my mom who will actually meet more than my physical needs.

[family_man]

The form below is the one I think was signed:

http://www.dfps.state.tx.us/documents/Child_Protection/2638.pdf, with instructions:

http://www.dfps.state.tx.us/Site_Map/2638.asp.

It is, despite what your mother said, a completely voluntary agreement. Your mother can revoke it at any time. She placed you with your grandmother because she thought that was the best thing for you. Maybe it was because CPS was breathing down her neck. Maybe it was because she thought your grandmother could provide for you better than she could. Either way, you should try to get along with your grandma. Count your blessings. You're fortunate you have a living grandmother who cares about you like I know she does. It's much better than having to live in a foster home with strangers. And I don't think it was particularly unreasonable of her to cut your phone off. Sorry, but I'm a parent too, and I might have responded in the same way.

[Damiken090]

The form below is the one I think was signed:

http://www.dfps.state.tx.us/documents/Child_Protection/2638.pdf, with instructions:

http://www.dfps.state.tx.us/Site_Map/2638.asp.

It is, despite what your mother said, a completely voluntary agreement. Your mother can revoke it at any time. She placed you with your grandmother because she thought that was the best thing for you. Maybe it was because CPS was breathing down her neck. Maybe it was because she thought your grandmother could provide for you better than she could. Either way, you should try to get along with your grandma. Count your blessings. You're fortunate you have a living grandmother who cares about you like I know she does. It's much better than having to live in a foster home with strangers. And I don't think it was particularly unreasonable of her to cut your phone off. Sorry, but I'm a parent too, and I might have responded in the same way.

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I don't think you understood, my mother wants me back and feels as though CPS has taken me from her.
Which they apparently have.
She was told by the CPS lady that she was not allowed to have me until I was 18, and to 'calm down' because it was 'only' 2 years.
then my mother said her own thing, and the CPS said to stop calling and called her UNFIT, then hung up.


I do actually understand, but the CPS lady said if my mother didn't sign the forms I would probably go to a boy's home.
My mom wants me with her and she has been 'fighting' to get me back.
she got me medicade before my grandma did, and etc.
Now, my grandma does not care about me as much as one would think.

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She just thinks that my mother will have me out of school, and that she is 'unfit'.
My grandmother speaks very rude gossip of my mother, and it is the main reason I can not get along.
She treats me like I am some poor 12 year old that deserves pitty.
And I'm sure she has her right to turn off my phone, she pays for it.
I blew up because, for the past two and a half weeks I have been hurting and missing my mother.
I am not even allowed to be on the computer for more than two hours--
[i](Sidebar, now I am not addicted or anything. I do my chores, and I follow the rules. I take out the trash, sweep the porch, dust the room if there is any, wash my clothes and my sheets, I follow the rules and when there's nothing to do? Internet. Not to mention I payed for this LAPTOP, and the internet is stolen internet. )[/i]
Instead, she says the social worker insists I not use it.
She suggested I watch TV or spend time with the 'family'.
Yet-- TV has these reality shows and massive drug abuse.
There are bad things to say about everything, of course.
But I use the internet for communicating with people left behind -- Am I not allowed to stay in contact?
And also-- The internet, and general computers will be my future career..
They are only actually home at 5PM. And they sleep at 8:30.

Well, I won't ramble anymore, because I evidently have a lot to complain about.
I am a teenager afterall, and I'm not accustomed to this.
The area that I live in is rural and I do not fit in, I am not as tall as the people are here.
And I'd just like to add another major drawback and something that was not sought after by the social worker:

The education benefits are extremely dim as well, the advanced classes are limited and don't meet my standards. (My credits did not count from a certain schooling program, blah blah. ) I don't want to be in high school when I am 19+.
I want to get a high school diploma by taking preparatory classes, that are basically earning credits at my own pace either online or in a controlled environment.

I know almost every teenager says it, and maybe even the previous and following words, but I'm not like every 16 year old.
I matured faster, and I grew a stronger common sense.
I am not just over reacting or misunderstanding the situation.
As a person, I would hope that you could understand that there are other unspeakable things about my grandma, and I would also trust that you can understand that I'm not just some spoiled kid that is complaining about something.
It isn't something small, it's big. I want to see my family, and I don't consider my dad's side ' my family '.

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The only true culprut of neglect, was my father's side.
My mother and I were left alone in a house, he stopped paying rent and left.
He cheated on her and spent his 4000$ income a week on clubs, bars, and etc.
He spent it on me until he actually did leave--
And I was 6.
My mother's high school degree was voided when she got in an altercation with a teacher on a high school graduation stage.
So she could only really become a waitress.
She was a waitress in her teen years, before she met my dad.
My father and the entire side of the family knew that my mother and I were in severe poverty for 6 years.
No one ever helped us, and when confronted they say "What were we supposed to do about it?"
But then they say they will do anything to help.
They say they have never neglected me, yet they turned their head when I hadn't eaten for two days.
I once told my grandpa, in which I rarely ever saw, that my mom and I were in trouble.
He helped us out for a while, but eventually my dad told my grandpa that SHE was lying.
My grandpa didn't even know that my father left and never came around, and when he found out ( 2 months ago ) he was utterly disgusted and astonished.
I recently got told off by my entire's dad side of the family for 'making CPS attack my father'.
They blamed it on me.
It's not my fault I was being bullied in school.
I didn't even want to go, I wanted to finish my last credit and just get my GED or take prepatory classes.

Well, I asked them how they could be angry at me, when my father and his wife(now ex) broke so many promises.
I only went to school on conditions.
Not to mention my entire family promised me things.
If anything, I don't deserve to be treated bad.
it's in the way, that they owe me for this pain and suffering.
Because instead of getting all the things promised, I got looked down upon.
I didn't call CPS.
I didn't get them into the picture.
Maybe if my dad listened that I was in pain at school, this wouldn't of happened.

It's in-explainable right now, but they did a lot of things to hurt me. I don't ask for anything, I never do. And I don't expect rewards, I never did.
I was not raised that way.
I was raised to have pride and earn what I get, and not to expect anything.
Expecting will make you angry if you never get it, and being angry can make things worse.
I didn't really expect anything, but I did mention their broken promises.



After all, if you did READ, she and my father kicked me out! (she,grandma)
And I don't think I deserve it if I retaliated to a woman speaking foul mouth of my mother.

I'm sorry, but my question is, is my mother fit enough to actually take care of me?

As I said, the only thing they have against her is her being unreachable, in the 90s! Right?
There was never any kind of neglect.

"A parent who is a party to this Agreement may terminate the agreement and resume custody, possession, care, and control of the child on demand at any time the Parent may request the return of the child."
Is this always true? Can she?

Please, my mother and I just want to be reunited.

I love my mom, we miss each other, we are like best friends-- She cares about me and loves me more than anyone. Like a true mother, she would do anything for me. She understands what I like, and she makes sure I am always 'okay', if I'm hungry she'll make me something, I usually make her food though. I like to.
If I say I'm interested in something, maybe even a few months back, she'll always remember.
If I'm sad, she'll talk to me. If I'm angry, she'll talk to me.

She is alone and she tells me she is crying all the time now, she is becoming so depressed and I fear for her emotional stability. I don't want her to do anything bad, or anything bad to happen to her.

Basically:
[b]What is the right step to take when she terminates the agreement, and 'when and who' does she tell that she wants her son back?[/b]
Reply soon, thank you.

[family_man]

Yes, I probably do misunderstand something. Please bear with me as I try to figure things out. You sound like a very bright and responsible teen. I think it's great that you're reaching out on the internet and spurn the trash that's on TV. So do I!

What I don't understand is what the role of CPS is in this case. Here is the usual sequence of events with CPS:

1) A report of possible abuse or neglect is reported.

2) The report is screened and if it is judged to have possible merit, an investigation is started.

3) If the investigator believes the child is in imminent danger, the child is taken into emergency custody. If the danger is not perceived to be imminent, the worker proposes a voluntary safety plan to the parent. This plan frequently breaks families up unnecessarily. The worker coerces compliance with threats and intimidation, like, "Your son will likely end up in a boy's home if you don't comply."

4) Many times the parent with custody complies out of fear. If this happens, the investigation is closed, and a Family-Based Service plan may or may not be opened. If the parent doesn't comply, CPS may or may not try to get a judge to order compliance.

5) If CPS can convince the judge that the child cannot remain safe in his current home, the judge may order custody of the child to temporarily be transferred to CPS. At that point, CPS calls all the shots.

6) If CPS is granted custody, the parents must jump through all kinds of hoops to get custody back, or have their parental rights terminated.

It sounds like you're in Stage 4, with your mother sufficiently intimidated by CPS to send you away against her wishes. She apparently still has full custody over you, or else she wouldn't have had the authority to sign the form and place you with your grandma. I'm not sure what role your father has. Maybe he has visitation rights? Has the original CPS investigation closed? If it has, the safety plan your mother signed would have expired. Why does your mother keep calling the CPS investigator? What legal hold does CPS have over your family, other than the threat of "sending you to a boys' home?"

CPS loves to threaten and intimidate people, especially when it's not in writing. That way, they can deny they ever said it. What safety plan did your mother sign, and how long is it in effect? I can perfectly understand your mother being scared to let you come back. If she still has sole managerial custody over you, all she has to do is write a letter to your grandma telling her she's taking you back, and that's it. Your grandma might report that back to CPS, and they might take rash actions. You might need an attorney to fight off their unwarranted attacks, an attorney you can't afford. In the worst case, you might be sent to a boys' home, and forced to take harmful drugs that you don't need. That's why it sounds to me like your mother is doing what she thinks is safest for you by sending you away to your grandma for two years. She doesn't want to risk another confrontation with CPS. I know it's very unfair and a miscarriage of justice, but there many stories much more horrible than yours described on this board every day. Remember, two years is really not very long. Maybe it only has to be one more year. I've never heard of CPS taking a 17-yr old into custody for the first time.

Am I wrong?

[Damiken090]

I think you get the jest of it now, but it's 2 years that will be completely devastating.
I really just want to graduate by next may, which is what my mother's plans were.
But now I will be in school for another two or three years--
I was in a credit recovery program, but the social worker had me removed from it with half my credits for 11th grade and 3/4 for my 10th.
Now, over here is a very rural area with only two high schools within 60 miles ( public high schools ), and neither of them offer very good classes - or even credit recovery programs.
I need to graduate fast, and I need to get in college fast, it is my goal.
And I need to for various reasons, love being one of them.

I didn't clear one thing up though, my mom's house was visited and was approved.
I can visit-- But when the lady visited, she said the shrink that they will later assign will have to verify before I can go back to her.

The CPS investigation has closed in San Antonio, right now I live with my grandma in Willis/Conroe Texas.
Apparently we need to get- or we will soon be getting a social worker.
Apparently the social worker said I needed:
1.Medicade
2.Physical
3.shrink/mental check up.
4.Stomach.
Why the stomach doctor? I don't know.
The school called CPS because of bullying.
But they somehow aimed the blame to my family...

The stomach is probably because one day I had mud all in the back of my pants.
I tried telling the teacher and she mistook my plea for pants as an accident, and as a metaphor!
As you may have read, I ride my bike to school, and if you do or don't know, mud and water or what ever hits the back tire is flung to the back of the rider.
It's really am embarrassing and degrading thing to hear- For them to think I have some kind of problem. Even mentally, just even more degrading.





My grandma will give me back to my mother without problems, but she is afraid CPS will come after HER(grandma) and then they will both be in trouble.

My mom never called the social worker, she called her.
She said that she was not allowed to tell me to act 'bad' over here, and then she said that the contract my mother signed was valid and unbreakable until I was 18.

It was the non parent relative act, the pdf you linked was the EXACT copy.

My mother has been messaging me and wants me to find out HOW to get me back, and how to do it safely without confrontations.
She is going to send the state an email, explaining our plans and that she is willing to do whatever it takes (legally, and even following rules) to get me back before this school year begins.

IS there really a way we can get my grandma to understand that the agreement can be broken, so she can comply without contacting CPS?

I don't know if you can tell me, but if you could direct me to a source of information on completing this, peacefully and easily, I need help.
I also don't know if my mom's letter is going to make things worse or help-
She is going to:

1. demand for me back.
2. explain to the state why she is a good mother.
3. explain why I can not stay over here, educational and emotional reasons.
4. explain plans and steps that will be taken to follow any rules that are given to her, and also to explain that she is willing to follow any rules, schedules, court dates, and etc. to get me and have me back.

Also, is the non parent relative requirement:
Notary Public
void?
There were no public officers.
Just me, my grandma, and the lady.
The lady only read two sentences then told my mom to sign it.
Is the social worker a notary public?

And I never got an answer on this 18 year old case against my mom and sister.
She was unreachable at the time my sister got hurt or something, so they closed the case as guilty.
Will that bring any kind of backfire? We have my sister and the caretaker at the time (grandma) that can clear it up if needed.
There are records of my Grandma claiming my sister for years, as she was taking care of her, etc.

[family_man]

Read the agreement that was signed. Get the adults in your life to read it. It does not affect the conservatorship of the parent. It may be revoked at any time by the parent. If your investigative social worker told you otherwise, it was either a lie, or a misunderstanding. I don't think that not having the form notarized will affect its validity. However, it's unlikely anyone will challenge its validity, so the question is moot. The agreement will, however, be invalid if your father, who still has parental rights, was not notified about it. It does not matter that he's incapacitated right now.

You stated that the investigation is closed, yet CPS is still involved somehow. I suspect that your family has been referred to the Family-based Services Section (FBSS). Their role is to "help" families get through difficult times. They may actually help you get Medicaid, for example. They're not in the business of ripping families apart, although they will report what they consider to be "dangerous" conditions back to the investigative arm. Sometimes they really do help. Other times they make things worse. Your mother has a right to decline these services if they make her feel uncomfortable. CPS may then try to get a judge to order that you "accept" these "services," but I doubt this will happen in your case.

It sounds like the "requirement" of you seeing a "shrink" was just hot air being blown by the investigative case worker. It's not in her job description to make that decision. Your FBSS case worker may decide you might benefit from counseling, and may be able to offer that "service" free of charge. Your mother (or grandma) will have the right to refuse that offer. It is not a condition for your return to your mother. (At least the way I see it.)

Since the investigation has closed, your mother should have received a letter summarizing the findings of this investigation. If all allegations were ruled out, your mother should immediately request that all records of this affair be removed. If all allegations were not ruled out, your mother should request an administrative hearing to appeal this decision. It will be over a year after the appeal is filed before the hearing will actually take place.

Your mother's letter should be addressed to the new FBSS case worker, NOT the investigative caseworker. The two workers are in very different departments and have very different roles. Your investigative case worker is finished with you, and has 30 other cases that she's working on. I don't know if the proposed letter will help or hurt. As I stated above, I believe your mother is in the driver's seat right now. She can accept the FBSS services or decline them. She can take you back anytime she wishes, especially if your grandma won't get mad and report that back to Statewide Intake.

[Damiken090]

Well my grandma has told me that she called the social worker to let her know everything was alright, and to ask questions about the medicaid.
And then my grandma said that she had to call her back again, and after that call she was informed that some person was going to come and check her house.
FBSS worker or Social worker?

[family_man]

You were originally investigated in San Antonio. Now you're living near Conroe. This person coming to "check the house" is going to be somebody new. Your grandma should find out whether she's with Family-based Services, or in the investigative arm. If she's with the later, your investigation is still not closed. Your grandma should find out what still has to be done to close it. If the new worker is with with FBSS, your grandma should ask whether whatever services she proposes are voluntary and whether she (grandma) has a right to refuse them. Your grandma should ask whether your mother has a right to take you back. She should ask a lot of questions, and secretly voice record the answers. (It's legal in Texas.) Nobody should sign anything without reading it first. If you had an attorney, I would advise your grandma not to sign anything without his approval.

You should stay out of the conversation as much as possible. Don't volunteer anything.

Good luck.