My CPS NIGHTMARE

[eulalie]

CPS had me and my eight month old removed from our home and we are staying with my parents. My child has never had any signs of abuse or neglect. My husband is bipolar and refused to sign access to his medical records. CPS is using a closed case that began in May in Chicago when my sister-in-law called cps on us from okc because she was upset that my husband swore at her on the telephone. Because of our lease on our studio apt being up my parents offered to let us stay with them ( a nightmare.) We told cps where we were going, address names numbers etc. the case was transfered to ohio. our first case worker in ohio was fired after i complained about her not repecting my privacy by talking to me in front of my mother who dislikes my husband. anyhoo we moved to our own apartment deciding to stay for a year in ohio and move to florida to be close to my husbands family. In July due to stress caused by moving my husband was suicidal and taken to hospital where he was put on meds for bipolar. The first case was unfounded we never received paper work stating the case had been closed. Recently my husband had been outside walking and slipped on ice and fell in the road and was nearly hit by a car who called the police thinking he was drunk. the police came to our apt saw mason jars in the kitchen where my husband had made banana wine for cooking. the morons thought it was a meth lab. wanted to search the apt. I said not without a warrant. the cop then threatened to take my baby because of a messy kitchen. we let them look no meth was found. the social worker came and forced me and my baby to leave until the kitchen was cleaned up. it was a holiday weekend so my baby and i went to my parents. we cleaned up and returned on monday. the social worker said our apt was fine and they were going to have a meeting. the next day they returned with two policemen and told me i had to leave again w/ the baby. the next day there was a hearing i have custody and the state has "protective supervision" we all have attorneys. Both myself and my husband have been ordered to do a parenting assessment at a behavior health centre, a drug assessment, urinalysis which came back clean. we both decided to go to the group meetings to get this over. We are planning to move in June when our lease is up. This is a nightmare is it legal to use a closed case to open a new one when the first case was unfounded and closed.

[Daruma]

I don't know the law in your state (or in any state, really). It sounds to me like you were in one of the states that maintains a central child abuse registry. Once you're accused, your name goes on the registry even if the case is unfounded. Depending on where you live, your name can stay on that registry for a LONG time, even when your case is considered unfounded. In my state, it's up to six years for INNOCENT parents!!!. Most people have no idea that the registry exists. They think it's all over once their case is closed, but the truth is, it's extremely important to get your name removed ("expunged") from the registry as soon as your case is closed.

Even though this information is too late to help you with your current ordeal, maybe in the future you can help others by letting them know how the registry works.

I hope your attorneys will be able to get this case closed and get CPS out of your life once and for all. If this case is also ruled unfounded, please be sure to ask your attorneys to help you get your names off the central registry, in both states if possible.

[LindaJM]

I just responded to this on another thread... here's what I wrote:

CPS doesn't necessarily operate on what is legal - it just uses a lot of assumptions about people to suggest that a child could possibly be in danger. The fact that there was a prior case is an indicator to them that there could be a problem in your home... so they want tests and services to prove you're safe around your child.

Whatever the court orders is what you have to do. It sounds like you agreed to sign papers admitting to some kind of guilt in court and that there will be no trial. Is that what happened?

If there will be no trial there will be no opportunity for you to show them that the other case was unfounded.

[eulalie]

we have a court date set for 2 Feb.

[Frustrated]

You have a better chance in Court than dealing with CPS. CPS don't interfere with an ongoing Court case. they will wait till the Judge decides what and what, then when it's over with, then CPS will step in your business. Also, the CPS don't interfere with an ongoing Family custody cases either. Again, they wait till the Judge make his/her decisions, then they will meddle with your affairs afterwards. Just hope that CPS does not "recommend" something like services to the Judge on that date. do not tell CPS that you have a court date, so they don't show up and be nosy in the court room and find out what the Judge's decisions would be. Good Luck on Feb. date.

[LindaJM]

At court if you sign papers stating any type of guilt you will never get a trial and an opportunity to prove them wrong. Also the trial is the only place where they have to prove their charges. Remember, if you sign those papers you lose the right to a trial.

[eulalie]

I am getting a letter from my child's doctor, his grandmother stating he is healthy and well cared for. Neither I nor my husband has done anything illegal. Our child has never had a cold, never abused or neglected.

[eulalie]

My attorney is not returning my phone calls. What should I do. I have questions I need to ask her about what is going on what a "family team meeting" is. What do they really want and if my husband is on meds will this help us. What are they looking for. I can not wait to get out of this state. I am going to recommend that no one ever move here or start any businesses in this area. Why doesn't CPS go after real child abusers?

[Frustrated]

sounds like your attorney is not working for you but he is working with CPS, I think you got the wrong lawyer. you need to find a better one that would work for you! and fight for you...and if your attorney says go with CPS and bend backwards, you got the wrong attorney. Linda is right, do not sign an admission of guilt, but force them to take it to trial where you can prove your innocence. This way all the evidence presented to the Court/Judge or the Jury, will prove you innocent and that you may be free of its charges. You need to gather up all the evidence and be sure you will be heard in the court room. The Declaration of facts sheet helped alot of people and saved them from all the trouble they were into.

[LindaJM]

Write a letter to your attorney. Put it on paper. Tell him what you expect and need from him.

I wrote about it here: Make your court appointed attorney work for YOU - but do not use my sample letter. Make one up that expresses what is going on in your case.

If you're in a hurry you could hand-carry your letter to your attorney's office and ask that your copy be date stamped to prove you took it there.

If your attorney refuses to give you an adequate defense he could be liable for legal malpractice... but first you need evidence such as your letter asking for his help.

[eulalie]

i have a parenting mental assessment tomorrow

[Momoffor]

Check on your state laws pertaining to closed and/or unfounded cases. In Virginia once a case is closed or unfounded, if they receive another call within 1 year they will re-open the previous file.