When CPS is caught in "CONTEMPT"

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When CPS is caught in "CONTEMPT"

Postby whosechildrenarethey » Fri Nov 23, 2012 9:38 pm

I live in Florida and have been dealing with CPS since August of this year. 8 days after my grandchildren were seized CPS had them vaccinated without my daughters knowledge or consent. Long story how we found out so I won't go there now but the two older boys have had Religious Exemptions to Vaccinations since they were little and when she had the baby, the hospital called CPS on her because she declined the Hep B Vaccine. My daughters discharge was pushed back a day specifically so she could meet with a CPI prior to her being discharged. CPS had a record of her objection to shots long before they decided to have the kids vaccinated. While I have found Florida Code and Statutes as well as CPS own policy and procedures which they didn't follow to challenge their Legal Authority to have done this, I additionally went over the court order with a fine tooth comb and found this to be in direct violation of the Judges Court Order. Under the Court Order instructions for Medical Consent it states they must obtain consent from parents prior to medical treatment including immunizations.

My daughter is putting her final touches on her Affidavit of Facts and Objections and Corrections to the Verified Petition and she wants to include CPS deliberate defiance of the Courts legal authority by not obeying the Order. It doesn't seem to be enough to merely point it out in the Affadavit of Facts. If my daughter had violated the court order you can bet she would have been held in contempt and so should they. Guess you could say she wants to ask the Judge to hold CPS in contempt.

We tried to find guidelines for dependency court Judges like he/she must be fair and impartial but have had no luck. Any suggestions as to how we can include her request to hold CPS in contempt in the Affadavit? I think I can't think straight anymore...

It's also clear to us that the Court Appointed Attorney does nothing but get in our way. He refused to file her Affadavit and Objections and Corrections and the clerk wont file them because she has a Court Appointed Attorney. How do we get past this hurdle? We have to get the facts and truth on the record to protect her ability to appeal should she lose at trial but we are so weary from hitting walls...

Her Attorney keeps telling her not to worry about the Affadavit because shes going to trial and her testimony will be her affadavit. Problem is, she won't be steering her own testimony, he will or CPS will and there are just way to many potential issues on appeal to be protected in her case to leave it to chance... Any direction, suggestions or help would be greatly appreciated. We are on dead Empty...

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Re: When CPS is caught in "CONTEMPT"

Postby Eljay » Sat Nov 24, 2012 12:09 pm

As for the contempt, start calling attorneys and tell them you want to file suit. The problem is that there is a huge percentage of the population that see vaccinations as harmless and beneficial. If you drag this into civil court in the hopes of a big lawsuit and even criminal contempt, you may get the jury to effectively shrug and say, "no big deal." Yes, it's a rights issue, but without actual damages caused by the vaccinations, you run the risk of appearing to be just another crazy lawsuit.

Plus, here's a FL case where mother (anti-vacc) and father (pro-vacc) duked out rights over medical decisions and dad won:
http://www.volokh.com/2011/01/26/court- ... the-child/

So, *THAT* does not bode well for you. What exactly do you want to happen? Do you want CPS fined $500 for not following orders? Do you want the case worker to be jailed for contempt (not gonna happen) or to get a slap on the wrist (that's what will happen) from her employer? Or do you want to sue them and hope you get a sympathetic court who will award millions of dollars in damages? You could at least scare CPS by getting an atty to agree to take the case on a contingency basis (you'll still have to pay a few hundred in filing fees & expenses) but maybe it will get them to drop the case. Or just send a letter of intent to sue to the county commissioners.

I still haven't seen you post any details about why CPS is involved and their justification in taking the kids in the first place... that's going to have a huge impact in the outcome of any of this... if mom was strung out on drugs and wants to cry foul for someone else (who is sober) making different decisions than she made, then forget about it... it will all come out at trial and she'll lose all credibility.

As for getting your papers filed, your options:
- hire a private attorney (beg, borrow, steal if need be)
- dismiss your CAA and go pro se
- request a new/different atty
- ask the CAA to bring in a more experienced atty to help
- ask to speak to the CAA's supervising atty
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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