help for sister

[mshields172]

My sister's daughter was removed from her home 2 weeks ago and CPS has not contacted her or set up any type of hearing. My question is, how long does CPS have to take my sister to court? What rights does she have as far as a speedy hearing or trial? How long does CPS have to set up a safety plan? She lives in Ohio.
Thank you in advance for any advice.

[rac]

In Oklahoma you are suppose to get a hearing within two judicail days. Our children were ajudicated before there was a treatment or saftey plan of any kind. I will search law in Ohio and see what I can find. You also might post in the CPS Investigations...that is where most of the people post.
Rac

[rac]

In Oklahoma you are suppose to get a hearing within two judicail days. Our children were ajudicated before there was a treatment or saftey plan of any kind. I will search law in Ohio and see what I can find. You also might post in the CPS Investigations...that is where most of the people post.
Rac

[rac]

Do you know what kind of order they used to pick up the child? If you go to www.fdno.org, it has a section on Search and Seizure, in SS 2151.31 Apprehension,Custody and Detention letter E that a hearing shall not be held later then 72 hours after the emergency order has been issued. So, they have already denied her due process of the law. Does she have an attorney yet?
Rac

[rac]

She has a right to a speedy trail, it is in the Fifth and Sixth Amendment of the Constitution of the United States.
Number 5 states No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the some offence to be twice put in jeopardy or life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, WITHOUT DUE PROCESS OF LAW;nor shall private property be taken for public use, without just compensation.

Number 6 states In all criminal prosecutions, the accused shall enjoy the right to a SPEEDY AND PUBLIC TRAIL, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of teh nature and cause of the accusation;to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
You can also do a search on the Bill of Rights.

[rac]

There is also a phone number to call on the site and it is (800) 438-8277 for legal help for your sister.

[dasuberding]

Since they are violating your sister's due process rights and holding her children against her will, you might think about getting her a good, competent civil rights attorney. In CA, like OK, you must have a hearing within 72 hours of removal so it sounds like this is probably federal policy nationwide. Also, the first thirty days, they can hold the child in "emergency removal" status which opens up the funding stream. Since they took you sister's daughter and did not give her a reason, chances are they have now realized what screw-ups they are and are now digging for any legal reasons to make a case look legitimate. If they did have a hearing and "forgot" to inform your sister, the judge will get in trouble. FIND A CIVIL RIGHTS ATTORNEY (preferably one who deals in CPS abuse) ASAP! This thing can be nipped in the bud before anymore damage is done.
Has she had any contact with the goon who abducted the child? If there hasn't been any hearing, they don't have the child legally and there is nothing really stopping her from demanding the child's return ASAP! Of course, the goons will double talk and threaten but they are deafly afraid of outside lawyers. You need an attorney who has the balls to take on these terrorists. DO NOT GO WITH A PUBLIC DEFENDER, THEY ARE PART OF THE SYSTEM AND WILL DO NOTHING FOR YOU. Of course, there are exceptions but you don't want to run the risk of bad advice. It will do more damge to your case in the long run.