Not Sure What To Do

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prayingmom
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Not Sure What To Do

Postby prayingmom » Fri Feb 04, 2011 11:12 am

I am very confused and am wondering if anyone has been in a similar situation.

10 months ago my husband was removed from the home in response to his biological sons "disclosure" that he had in appropriately touched him. This child does not live in our home. My four children were examined by forensic invetigators and were found to have not been abused in "any way, by anyone, at anytime".

I have never been named a respondent in this case and was told by CPS that I am not being investigated, only he is.

They have asked my husband to sign a "plea" which is simply detailing the dates of the accusation, dates of examinations of my children, results that no abuse occured to my children, etc. There is nothing that says what happens if he takes the plea, etc. His attorney told him at this time they had no intention of terminating his rights.

They told me they would like for me and the children to receive counseling upon him taking the plea (if he does). The prosecutor told me they would not be terminating his rights, but visitation would depend on circuit court.

Then yesterday I received a letter from a woman introducing herself as my "new" CPS worker, informing me that she would be handling my case and the service plans. It stated I needed to call her to schedule a home visit within two weeks to establish service plans and that she would need to hear from me on a monthly basis until "my" case was closed.

What exactly is happening here? Early on I requested an attorney for these proceedings and was told by the court that I was not entitled to an attorney as I was not a respondent. Early on when CPS kept trying to come to my home and preventing me from leaving my home, I asked specifically what I was being investigated for and was told nothing. I was also told that if I were to become the target of an investigation I would be notified and if I were to become a respondent I would be notified and would be appointed and attorney.

Any advice?

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family_man
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Re: Not Sure What To Do

Postby family_man » Fri Feb 04, 2011 4:24 pm

Where do the alleged victim and the other three children live?

Yes, I've had a similar experience in that I was alleged to be a sexual offender. After the forensic interview and police cleared me of all charges, it still took several months for CPS to allow me to have even unsupervised visits with the alleged victim who wasn't. This of course caused tremendous emotional trauma to the child they were supposedly trying to protect.
Disclaimer: I am not an attorney, and this is not legal advice.

prayingmom
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Re: Not Sure What To Do

Postby prayingmom » Fri Feb 04, 2011 7:26 pm

The alleged victim lives with the mother.

We have children together also who live with me. My children were forensically examined and the examination determined there had not been any abuse. Yet he was removed almost a year ago and is still gone from their lives. They have suffered tremendously. One day dad drops them at school and after school he is gone. After all this time, they still cry for their dad, still dream about him, still want him home. They have questions I can not answer. This Family Court case is bound to wrap up sooner or later, in a few days if he accepts the "plea". I am concerned about him accepting this plea. I think they are just playing nice (not terminating his rights) so they can keep digging and digging.

And why NOW after all this time is CPS contacting me to put in place "service plans" until they can close "my" case. My case? I was told I was not under investigation and I am not a respondent, what does this mean? Should I meet with CPS? I am inclined to say no. My gut says to fight back with the law. They have NEVER come into my home in almost a year, now they need to? CPS still has yet to see 2 of the children involved, but NOW they want to?

Any advice is greatly appreciated.

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Frustrated
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Re: Not Sure What To Do

Postby Frustrated » Tue Feb 08, 2011 7:24 am

10 months ago my husband was removed from the home in response to his biological sons "disclosure" that he had in appropriately touched him. This child does not live in our home. My four children were examined by forensic invetigators and were found to have not been abused in "any way, by anyone, at anytime".

--------------
So why is your husband making his plea in Court if the forensic investigators have found no sexual abuse whatsover??? :shock:
do you have these copies of such findings? keep those in your files.
since your husband does not live with you anymore, CPS worker is there to make sure he is not in your home. It's a Safety plan what you are going through, CPS Worker is just making sure he's not there in your home, and that no harm is done on your children BUT they will find something wrong in your home when they do come to your house. Make sure you have witnesses with you that can testify later in Court. Find out about taping laws if it allows video recording in your own home. Make sure your home is clean, spotless and safe for your children. CPS Worker will find anything wrong in your home and use it against you.
-----
Yes this happened to me before, and my partner does not live with me. CPS Worker was satisifed that the father is no longer living in my home. but they continue to find something else against me. So be careful on this one, they could not find anything against your husband, so they might be targeting you next for "failure to protect" case. That is popular allegation for CPS Workers. The next allegation would be neglect. Be sure your children is up to date with everything, doctors, schools, immunization shots, etc...etc...you never know...make sure dishes are put away, laundry folded, nothing dangerous in your home. and spotless.
Witnesses are perfect to use to observe what CPS Worker observed in your home and can be used to testify in Court.
Remember Do not give them information that they can use against you. Do not volunteer information to CPS worker, say less...yes and no answsers should suffice. Write down everything she said. Document everything. Be sure to be viligant about documenting. it will help protect your family interests. Make sure your Lawyer is aware of this home visit. They might want to talk to your children again. Be prepared for anything. Have everything in writing.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

prayingmom
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Re: Not Sure What To Do

Postby prayingmom » Tue Feb 08, 2011 9:23 am

Frustrated,

Thank you for your response. My husband has not as of yet taken a plea. He does not understand the plea, what it means and does not want to get tricked into something. And yes I have the copies of their examinations and findings and so do several family members just in case.

If they are coming here to make sure he is gone then they can save their time. He is currently in jail for a DD (dwi) he received a long time ago and will be there for 9 months. I highly doubt they would be able to get a warrant to ensure the children are not around him when he is behind bars.

I do not at this point intend to let CPS into my home and they did try to talk to my kids and they refused to talk to them unless I was there, CPS then asked why I needed to come to the school and I replied that my child asked me to. He then stated that I could not be present when he talked to any of my children. I was informed by an atty friend that that statement was a line of crap, my children have the right to have myself or an attorney hired by me there at all times. That was the last I heard from CPS, he said I could turn around as he could not talk to the kids if they refused to talk to him. My oldest also demanded her friend stay with her until I arrived and CPS didn't like that either.

My kids aren't stupid and my oldest daughter has a friend who went through something similar, her friend advised her to NEVER talk to anyone because they will twist her words and she will lose her home. I don't actually know if this is true or not, but my daughter is more apt to listen to her friend than me at her age.

I do know they are trying to find something against me and intend to "make" my children disclose abuse. They "suggested" that the children be in counseling, which they are, but they want a "court recognized" counselor, which theirs is. Because (according to Prosecutor) "she will be able to get to the bottom of whether anything happened to your children or not" They already did that, according to the forensic pathologists. It is "odd" that they did not disclose any but another did (according to prosecutor). So yes I know I am on their hit list. I also know they will find something wrong in the house, it is old and the bathroom is in the middle of a remodel, which can't commence again until spring.....so either way they would get me.

So for now, I am requesting in writing the "investigation" against me and will wait until a judge orders me to co-operate. I don't know that he will while my spouse is incarcerated if their only purpose is to ensure the children are not around him. I have also heard that this judge often leaves the children with their current counselors and does not force a move, so we shall see.

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Daruma
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Re: Not Sure What To Do

Postby Daruma » Tue Feb 08, 2011 9:54 am

Can you afford an attorney now? Can you pawn things, beg, or borrow the money for an attorney? I hope you can manage it somehow, but if not, I recommend reading as much of the information on this site as possible to familiarize yourself with your rights, the law, and the CPS mindset.

You implied that the plea didn't include any admission of guilt. I'm not a lawyer, but I'm suspicious of why they'd want him to sign anything, unless it could be used against him or be used to keep him from suing them. Why do they need him to "agree" that the accusations were made? I would sign nothing without a lawyer, if I were him. If the plea does include anything remotely resembling an admission of guilt, then my personal & religious conviction is, never sign on to a lie. Even if it looks like lying will "make it all go away," remember that CPS and the prosecutor do not have your family's interests at heart and probably cannot be trusted to let the matter drop after they get the signature.

It would be a good idea to keep a thorough record of everything that is said or done to you, along with dates, times, and witnesses. Clearly label the front of this notebook, "NOTES FOR MY ATTORNEY - Attorney-Client Privilege". (For more about notebooks, see this video:
http://fightcps.com/2010/08/15/an-attor ... ring-data/ )

You know that CPS needs a court order to inspect your home, right? You don't have to let them in just because they say so. If they do come back with a court order, be sure your home is spick-and-span and in excellent repair, with plenty of wholesome food in the refrigerator. One proposed checklist I saw even recommended that CPS agents check for the presence of books (books are good), leaky faucets (bad), caulked or weatherproofed windows, missing buttons or snaps on the kids' clothes, and whether or not the children have ever been taken to see parades, historical buildings, and spectator sports (good). Some people record these visits and/or have witnesses there. I can't tell you whether to do this or not, since CPS workers have been known to get vengeful when you stand up to them, but personally I would probably have a witness & a video camera ready if a CPS agent came to my house, if at all possible. I wouldn't be hostile about it; just tell her politely that you want to have a record of her visit so you can refer to it if any questions come up later on.

I also agree with your daughter's friend. I have personally seen CPS twist and distort the facts 180 degrees from the truth. I don't know what legal protections exist for your kids during an interrogation, but an attorney could give you (and them) some advice.

Sorry you're having to deal with all this.
These are my personal opinions only. They are not legal, medical, or financial advice.

prayingmom
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Re: Not Sure What To Do

Postby prayingmom » Wed Feb 09, 2011 12:59 pm

Daruma,

Thank you also for your reply.

We went to court today and my husband refused the plea. It will be scheduled for Trial. According to him his lawyer informed him that had he taken the plea, I would be required to submit to all wishes and service plans of the caseworker, let them into my home at any an all times they request and submit my children to their counselors. I am confused as to why I, as in ME, who has not been charged with anything would have to do all this. He has not lived with me since 4/2011. I need to learn and find information on this.

I do not have an attorney because I have only ever been an interested party, though I did consult one yesterday who felt they were reaching and without charges on me a judge would most likely not order me to participate in any CPS stuff....but that is an opinion. I will await the file to present to get better information.

He mentioned his lawyer told him they only needed 51% to prove him guilty or innocent, he wasn't sure which. Does anyone know what this is? How do they determine the percentage and would my children be able to take the stand and testify?

My children and I are very active. I do photography for the local papers EVENT page and they often go with me to various events that I may be photographing, including parades, plays, recitals, school sports, art fairs, and so on. They are all also involved in extra curricular activities, church and youth groups. I have also been pretty vilgent about photographing the kids since this started. Some 10,000 photos have been documented of our exploits since April. This includes photographing each child several times a week. This is part of being able to prove that the children were not around their father when they weren't supposed to be as his ex made it clear she would call and has, each time the children were "signed" into something.

I am really curious now how they can force ME to do anything based on his charges and a plea offered to him. Again I am not a respondent(defendant) only an interested party.
I am hoping this site can provide the education I need to protect myself and my children. My husband has an attorney.

angelheart83
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Re: Not Sure What To Do

Postby angelheart83 » Wed Feb 09, 2011 1:48 pm

For the 51%, it appears to be referring to the "preponderance of the evidence" standard. This is the standard used in most CPS court cases. It is the lowest standard of evidence and can be very subjective with how evidence is weighted. Basically, if there is any evidence at all to point to guilt, it may override evidence of innocence.

Unfortunately, from my understanding, they seem to want to get you for "failure to protect". They consider you just as guilty as the offending parent, because you "let it happen". Even if you didn't know what was going on, this is how they think.

Yes, it sucks. No, it's not fair. But nobody trusts the parents caught up in the system so nobody will help us fix the system. :(
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

MaggieC

Re: Not Sure What To Do

Postby MaggieC » Wed Feb 09, 2011 3:59 pm

While the road may be hard, if one is innocent, one should not, in my opinion, take a plea.

My heart goes out to you.

prayingmom
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Re: Not Sure What To Do

Postby prayingmom » Thu Feb 10, 2011 4:52 am

Thank you all for your responses, this is all so very very confusing.

It stumps me that they could even determine proof of abuse when THEIR forensic team cleared these children of any abuse, so then too it stumps me that they would come after me for failure to protect when there was no abuse disclosed or discovered by their interviewers. CPS has told me all along I am not being investigated, only an interested party, so basically they are lying out their teeth to me.

Don't I have to be charged with Failure to Protect? Wouldn't I then become a respondent and have to be found guilty? I am just so overwhelmed, the attorney I consulted told me they could not bring failure to protect against me when their people cleared my kids of any abuse. I am dumbfounded by the system, why hasn't CPS actually interviewed me or spoken to all of the children yet? The longest conversation I have had with them was 10 months ago when they told me they had scheduled my children to be examined, they didn't even then tell me for what or if WE (husband and I ) were being investigated. At the forensic interview the State Trooper told me that neither my husband nor I were being investigated. They have lied all the way around. When I asked at the court house yesterday what was going on, the clerk told me I had to talk to CPS, THEY only told me I could go it was over, HE told me there was nothing to report or going on.

I guess today I go attorney shopping!

kiroma
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Re: Not Sure What To Do

Postby kiroma » Thu Feb 10, 2011 6:26 am

If it were me..and this is JUST me, I would stop responding to anything they demanded..I would tell them to take me to court and demand a trial. You werent the one accused, and if your husband is not living with you for whatever reason then there is no danger to your children.

ETA: Oh yea btw, they lie,cheat and steal to get the dirt on you..its how they conduct an "investigation"

Cheryl
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Re: Not Sure What To Do

Postby Cheryl » Thu Feb 10, 2011 7:34 am

And if it were me, I'd stop responding to any of their demands,,,period! I've been there, too. The more you co-operate, the deeper the hole becomes until it swallows you up and makes the kids fair game for foster care ferderal reimbursement cash. Don't believe a word! They are trying to get something, anything on YOU and any meetings or interviews or inspections of any kind, will be used against you.

I have seen a "home inspection" go very sour because the dishes were not put away and the front hall had not been swept. It was a mudroom!!!!! For those who aren't aware, a mudroom (typically back east) is an entry into the house where family members leave their wet or muddy shoes, coats and hats, etc. It's a catch-all room. We used to leave our dirty shoes there so we didn't track mud or manuere thru the house (grew up on a working farm). We would have failed any home inspection those days. I wonder how CPS would rate an inspection for homes on a farm today. If the same standard were applied, then a farmhouse should fail every time. Obviously, that means that the result of an inspection is based on the interpretation of each SW or CW, in their own mind, by their own definition of what "clean" is.

Hold to your guns! If you think the service or safety plans they have in mind now are bad, just wait. Each time you complete one, they will find a new dislike about you or the home, and add more services. You will jump thru so many hoops, it's pathetic. Been there, done that>

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Daruma
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Re: Not Sure What To Do

Postby Daruma » Thu Feb 10, 2011 9:29 am

prayingmom wrote:CPS has told me all along I am not being investigated, only an interested party, so basically they are lying out their teeth to me... The longest conversation I have had with them was 10 months ago when they told me they had scheduled my children to be examined, they didn't even then tell me for what or if WE (husband and I ) were being investigated. At the forensic interview the State Trooper told me that neither my husband nor I were being investigated. They have lied all the way around.

What, CPS lied to a parent? I am shocked, shocked, to hear such a charge. (Sarcasm.)

I'm glad you're getting an attorney. I hope you can find a good, aggressive, proactive one who really hates CPS.
These are my personal opinions only. They are not legal, medical, or financial advice.

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kelz03103
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Re: Not Sure What To Do

Postby kelz03103 » Thu Feb 10, 2011 1:45 pm

I'm confused too , if your husband sexually assaulted any child , wouldn't that be a CRIME for police to charge him with ? not cps? it amazes me how many of us can be charged TWICE for the same crime , that doesn't exist. You have very smart kids , good for them , I have taught my children not to speak with anyone at school without mom or a lawyer , and you are correct its is the law , and their right . I am going to add that if my kids do get grabbed for questioning that they have a friend present until I arrive as well , way to go on that ! i wish you luck on an attorney , however I think that you were not charged with a crime or notified of a formal investigation , but they have been investigating you un- officially for months now , they are trying to get enough tid bits on you to make it official , do not speak to them or answer to them in any way without a lawyer . with or without a lawyer it is your constitutional right to choose not to speak with anyone, but be polite and cordial when refusing :) I agree with a previous post reguarding , court orders they either need to bring a case against you , start an official investigation in writing , or take you to court , they do not have enough right now to take you to court is my guess , but they would like to , you can bet on that. They might even hit you with a term like B case or out of court case or agreement , dont fall for that either or sign anything , simply say I could not sign any papers without consulting an attorney first , I will have to get back to you , have a good day . hope my input is helpful , I have been through this crapola twice myself , good luck to you , ~Kelz~

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LindaJM
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Re: Not Sure What To Do

Postby LindaJM » Fri Feb 11, 2011 1:38 pm

I'm so glad to hear your husband refused the plea. Even though someone says they're not planning to immediately terminate his rights, if he signs a plea they consider it a sign that he is guilty, even if he isn't. Parental rights get terminated later - not after only 10 months. First they'll put parents through about 18 months of "services" (hoop jumping) and then they'll try to terminate rights anyhow, in many cases.

It seems very strange that one child alleges abuse when so many others say nothing happened to them.

You're doing everything right - even taking photos of your children for proof of their well-being. Have you taken them to the doctor for well-child checkups and requested all their physicians' records be sent to you? Those records can be good evidence in your favor, and many parents have had trouble getting them if a child was placed in state custody. For some reason, at that point the doctors offices think you no longer have a right to them!

Best idea - have an attorney respond to that social worker's letter to let her know there is no case against you and you're not going to allow them into your home.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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KDus
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Re: Not Sure What To Do

Postby KDus » Sat Feb 12, 2011 8:58 pm

If your children aren't listed on a petition, move to another state, tomorrow.

They will drag you in to their game and hold on for years.

It's true that it gets hard to get documents once a case is started. It's also true that an attorney will help keep them in line.

prayingmom
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Re: Not Sure What To Do

Postby prayingmom » Tue Feb 15, 2011 9:21 am

Thank you all for the advice.

The more this continues the more I am baffled. I received a letter from CPS today it states:

I am writing to inform you again that I have been assigned as the on-going worker from Children's Protective Services. I currently have an open case that involves your children. In the past week, I have sent you a letter, called and left a message, and stopped by your house on two occasions. I have also tried to introduce myself to you at court on 2/9/11 and you did not want to discuss the case with me.

As mentioned earlier, this is an OPEN case, which mean by policy I need to have contact in person with the children and have access into the home on a regular basis. I am to refer the family to appropriate services and maintain contact with all service providers regarding the family's progress. Your children have been found to be victims of child abuse/neglect and it is my job to make sure that they are currently safe and receiving the help that they need.

I am asking you to contact me so that we can set up an appointment for me to see you and your children in the home by the end of the day on February 18, 2011. If you are continuing to refuse to set up that appointment,, I will have no other option but to file a petition with the court asking for your cooperation to be court ordered.

If you have any questions, please feel free to contact me. My office hours are Monday-Friday from 8:30 am-5:pm. If I do not answer the phone, you may leave a message and I will return you call as soon as possible.

Thank You,
CPS worker.

OKAY FIRST- she did send a letter, I did not respond, second-she NEVER left a message. Third, it does not appear she has been to my house on 2 occasions, but of course I wouldn't have been home.

Finally, because my husband who was charged by CPS for neglect/abuse DID NOT take the plea, until a trial commences, how can they say my children have been the victims of abuse/neglect? Why haven't they informed me of this.
At court she came and introduced herself, I asked her what I was being investigated for and she replied that the case was opened against my husband blah, blah, blah. I then asked again, what am I being investigated for? She said it was standard procedure, blah blah blah. She then said it had been referred to her to set up counseling. I replied the children are saw counselors, she asked if I would mind telling her who and I replied I would, it was already in the file. She then just walked away. I do have the option to move and have been planning a move out of state when the children finish school this summer. However, I can only pack up three of my children legally. My oldest has a father with visitation (he has seen her twice since 2007). But I have to have the courts permission. Should I leave her with a family member and move the other three?

noroses4u2c
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Re: Not Sure What To Do

Postby noroses4u2c » Tue Feb 15, 2011 9:43 am

How old is the oldest where the father has visitation?
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

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Daruma
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Re: Not Sure What To Do

Postby Daruma » Tue Feb 15, 2011 11:31 am

prayingmom wrote:As mentioned earlier, this is an OPEN case, which mean by policy I need to have contact in person with the children and have access into the home on a regular basis. I am to refer the family to appropriate services and maintain contact with all service providers regarding the family's progress.... If you are continuing to refuse to set up that appointment, I will have no other option but to file a petition with the court asking for your cooperation to be court ordered.


In other words, she's admitting that she doesn't have a court order. And yet she thinks she's entitled to "access into the home on a regular basis". What a nightmare.

If you have an attorney, he's the one who should reply to this.

(An idea that won't help you right now, but may come in useful later on down the road: Save the social worker's letter as evidence, just in case you ever need to prove that she attempted to violate your 4th amendment rights. She may have committed a felony by attempting to use her position to force you to let her in without a warrant. And what's more, she may genuinely believe that the 4th amendment doesn't apply to her. See "Title 42 USC Section 1983", http://www.familyrightsassociation.com/ ... y_case.htm )
Last edited by Daruma on Tue Feb 15, 2011 12:27 pm, edited 1 time in total.
These are my personal opinions only. They are not legal, medical, or financial advice.

noroses4u2c
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Re: Not Sure What To Do

Postby noroses4u2c » Tue Feb 15, 2011 12:24 pm

You may want to move before they can get the court involved.

I wouldn't wish what I'm going through on you. It looks like I won't ever get my daughter back. I don't want you to lose your children.

How old is your oldest? If your oldest is old enough, then if you just moved then the bio-dad, since he hasn't been around in four years, might not even do anything about it. It all depends on the circumstances and is less risky with older kids to move.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

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kelz03103
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Re: Not Sure What To Do

Postby kelz03103 » Tue Feb 15, 2011 1:08 pm

" and you did not want to discuss the case with me".
this worker has already started the blame game , she already has a negative tone with you , I remember how thing s work , i am going to try to help you , by telling you what happened in My case this is only reguarding my case , but i hope it helps , notice she is so concerned with doing HER job , not the children , anyway in my case my ex was the non - accused absent parent , meaning he was not accused of a thing ,and did not live with us . Cps required that all parties / parents go through the process , the services ect , the social study , the social study is probablly one of the worst things , they dig up all of your past all the way back to highschool , and all info on your family members as well , like your parents. I want to add, any therapist your children have seen , do not count , Mine were forced to go twice , they want you to sign and allow the children to be seen by their hand picked therapist , and that therapist will be sent cps's side of things before the children are ever seen . The thera pist is tricky , here is what I did in MY case , not saying you should do this , I refused for a long time , but I was in a pickle I was court ordered , No matter what i was told by people here mostly , do NOT see THER therapist , you have to pay for you own , but only after being ordered to do so , because other wise they will say well the therapist wasnt an approved by them provider. My insurance did cover some of the cost, You must try to limit the amount of info they are allowed to obtain from the therapist aslo , in my case I would not allow session notes or , reports ONLY when and if the kids went as scheduled , and IF they needed to continue going or not , when i was shopping around for therapists i was told by one that Children under 18 cannot be forced to be seen by a psychologist , without the parents permission , of course you are court ordered to give it, however i made it very clear that any therapist shoul be sued for this , violating hippa laws , and no respectable therapist should see children without parental concent , so i let them all know i was giving it by force , and that they had better watch themselves with me , or i would in fact sue them. Another therapist told me this , makes total sense to me , why would any child or you the parent tell the therapist your deapest darkest secret , if you know they will be shared with a worker the court , and who knows who else? no one would open up freely knowing this private information was going to be shared. The therapist told me this was outrageous , and that it ruined the patient / doctor bond , and confidentiality , he said what if that information got out , that they freely shared prtected information with social workers , who would ever trust that therapist agin , he said this type of thing also leaves the door open for a lawsuit , so i did find one that agreed to only share limited information , such as the dates and times the children were seen , one more note , the worker in my case had also told me that she would be interpreting the therapists notes , the session notes i refused to allow , why would a cps worker be allowed to interpet notes , wouldnt it make sense for the doctor / therapist to interpret the notes personally if needed? a worker could interpret anything she wanted . Finally i want to say that the non accused dad in my case was asked to do all of these things , social study , parenting classes , anger management classes , because he yelled at the worker on the phone , she determined he was angry , have his home checked ect , all the same things they asked me to do , plus some extras , he refused to do any of them , he also did not show up for court , he just did not go , and 12 months later the case was closed , the difference is he did not have the kids , I did , he felt no need to do any of it , you on the other hand have the children , the catch is they can and will threaten to terminate your rights if "the conditions that led to the complaint " are not corrected within 12 months , this in itself is a crock of shit. What conditions ? , in my case it was not my house , but thats what i ended up being found guilty on and having to correct , my messy house , nothing to do with the original "conditions that led to the complaint " if this crock of crap were true , in your case , the possible falsely accused father , and you have already corrected or are in court correcting the conditions that led to the complaint , which , for example is not your house , the safety of the house is not in question , the case is not based on one of the children elecrtricuting themselves from an outlert in your kitchen , that would make sense to check , but it all has to do with what dad did or did not do . I still wish you luck and i hope that I am a help to you in some way , Do you talk to your oldest childs father , maybe you can get his permission in writing , tell him you have a job opportunity and need to move . If you get in trouble later with the courts because you were not supposed to , its probally worth it , i dont know, you have to make that decision. personally I would move , with permission or not , and take the concequences later . 98% of the people who work with these vultures of cps , lose , and it may also come back to haunt you later , you are in their files now , any little thing may be called in against you later and all this crap will come up again , all of it. They will tell the school to keep an EYE on your kids from now on , trust me , and they will check in with the school , and ask if anything new has come up or if they have any new concerns , thats a fun game, you don't want to play . they will do it with doctors as well. if you stay , it is possible to cooperate with them minimally , and YOUR way . You can comply and have it your way in alot of instances , but they are going to get all into your business , including your past , and anything you might do in the near future. If this worker has a bug up her butt about you already not doing as SHE wishes so she can do her job , and you decide to stay and do as you are told , you may want to start by requesting a new worker right from the start. This is the most boggling thing in my mind , that you an innocent person , of no wrong doing , may not lose your children because your husband did something wrong , which i understand has not been proven , but that you may end up losing them , not for that reason , but for not doing as you are told by some government agent. heres my email i can also be reached on Aim and be found on facebook , [email protected] if you private message me i will give you my facebook , my phone number , anything that you need , if you need to talk , thast all i can do is talk , and support you 100%. keep us up to date , For the record real quick , normally i would NOt tell some one to run , because this shit follows you , they can track you by records , dmv , and social security numbers , however since you are NOT the one charged YET , they would probabbly not bother , hard to say . I would tell your husband to stay and fight , hard.

noroses4u2c
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Joined: Wed Jan 26, 2011 11:57 am

Re: Not Sure What To Do

Postby noroses4u2c » Tue Feb 15, 2011 8:21 pm

If you move away then it will be less likely that you'd have negative consequences for doing that then staying and having CPS take your kids. The courts will only go after you for failing to get permission if the noncustodial parent presses the issue by taking you to court over it. If he's not even seen her in four years then it's unlikely that he'll do anything about it. Just move and wait until you establish residency before even saying new info. That's the safest bet. It depends upon the area how long you'd have to live there before establishing residency. In some states it's six months and in other places it is a year.

That social worker sounds like she wants your kids.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

prayingmom
Posts: 14
Joined: Fri Feb 04, 2011 10:55 am

Re: Not Sure What To Do

Postby prayingmom » Tue Feb 15, 2011 10:27 pm

Thank you all for your replies.

I have an appointment with an attorney tomorrow to step in and handle things for me. This office handles just CPS cases and come very highly recommended by other attorney's. So I will keep my fingers crossed that all goes well. I will file the motion to change domicile tomorrow after meeting with the attorney. I am crossing my fingers.

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LindaJM
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Re: Not Sure What To Do

Postby LindaJM » Fri Feb 18, 2011 9:45 pm

Praying Mom, how is this going? Do you have a hearing scheduled?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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family_man
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Location: TX

Re: Not Sure What To Do

Postby family_man » Sat Feb 19, 2011 3:42 pm

I would be careful about moving right now. In TX it's a misdemeanor to change residences during an open CPS case without telling CPS where you're moving.
Disclaimer: I am not an attorney, and this is not legal advice.


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