told i cannot rescind my signature

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

told i cannot rescind my signature

Postby brookeycookie » Sat Oct 08, 2011 8:38 pm

As most parents do, faced with my daughter being the center of a horrible CPS case, I signed the service plan. Of course, the winch never mentioned I was signing away any rights. It's true, IF YOU DON'T KNOW YOUR RIGHTS, YOU DON'T HAVE ANY.

So here is what I was told, quite literally: "ok, we need to fill this out and sign it." ... what is it?..."oh, its nothing. Just another junk paper I have to do for my job. Nothing ever happens to it, so I don't even know they make me do it. It just sits in a file in my desk like all the others and never is even used for anything. I mean, god, sometimes I hate my job just from all the stupid paperwork they make me do. Ya know? It seems like I'd get alot more done if I wasn't filling out all this stuff that never even gets loomed at. Anyway, that's our government for ya.".....okay, well what does it say? I mean, this whole thing is horrible so I want to be careful what I agree to. ..."this particular one is called a safety plan. Its just like the others. Remember the family history one we just did? Listing your family members? Same thing, just different questions. Don't worry, its nothing. We have to tell you if its something important. " .....okay, well what's it say?....."just list a few things you think you could do better at. Like, if you wanted to be the perfect mom, what would you work on.".....well, I do pretty good. I can't think of much. ...."even super moms have something they would like to improve on. Just name a few on your own. Anything at all (rolls eyes like she agrees its dumb). Maybe ya wanna get better at cooking, or wish they would listen to you better. Heck I don't know, im not here, so it should come from you. I mean, I don't wanna suggest stuff and it not be stuff you think you could do. ".....really, I can't think of anything other than stuff every normal parent would say...."that's perfect, just write that stuff down. That way we can get this visit over with. I hate doing home visits, especially when there's nothing to see here.".....go to church more often?....."well, that's okay but it doesn't really work here since its a religious thing. Ya know, separation of church and state. We can write it down, but what else."....I don't know, my kids are pretty good......"do they listen every time you tell them to do something?".....lol, most of the time......."ok, so sometimes they don't right? Just say something like, you will try to get them to listen better by disciplining better."......uh, they do really well......"here, I will fill it out and we will sign it. It will never even see the outside of my desk drawer anyway. How bout, you will agree to use the 1,2,3, counting method of discipline?".....oh, I've done thatfor years......."great!, so you wont even have to change anything. You already do it. Now how bout, you will find a job.".....well, I am home by choice. Im not hurting for money because I have a large 401k and its nice being home with the kids ....."ya, that does sound nice. Wish I didn't have to work. So would ya rather put down that you will look for work later?".....yes......."ok, so, you agree to go to church, use better discipline, get a job, we need a few more or my boss will jump on me."......whatever........"hang a chore chart?".......whatever........"you said earlier you had been planning to move to a smaller house. Thatone would be easy to put down here. This is a really nice house, huge. You said the gas bill was a thousand a month?"......ya......"so let's just put, move to better housing" ........well, I wouldn't say better. We want to move just down the road to a smaller home. That's just because when I was married a huge house in the country was easy to afford. Now spending a grand a month on heat seems silly. And we really don't need all these extra bedrooms........"ya, I hear you. So, move to different, more affordable housing" .......whatever........

So I signed. ....away my rights.........and admission of guilt on certain points. Now it was handed to them, that I NEED to work on my discipline, thus meaning I must not discipline them well enough. I NEED better housing, even though that house was a very nice 5 bedroom home in the country nicer than any of theirs. I NEED to hang a chore chart because I must not know how to delegate chores or rules. I NEED to get a job even though I CHOSE to stay home and was living nicely on a fat 401k cash out that would have lasted months and months. We were by no means broke. Oh, and she let me throw church in there for show. ..... the beginning of the building of her case against me was written on that paper. Months later, after scrambling to comply with what was on the list, mysteriously more was added. More struggling. And I handed it to her on a silver platter. False admissions of disciplinary issues.

So I finally get the balls to have a signature rescind form notarized and mailed registered with receipt requested in ten days.

I get a call on day 5. .... it won't work? Its not legal? They can't retract my signature just because I say too? What about the fact she used scare tactics and threats to make me fearful? What about her NOT explaining what that paper really does? She never mentioned I was signing away rights. And she did so through both fear tactics, then lying and playing my friend. She diminished the weight it would have later. She coerced me. That is against my constitution. Right?

Anyway, high five for trying I guess. She was pissed. :) any thoughts? Anyone ever gotten it accomplished? To take back and withdraw your signature? Sorry if this topic is answered somewhere else on here, I've read most but not all strings.

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: told i cannot rescind my signature

Postby mamalion » Sat Oct 08, 2011 9:49 pm

I don't know the history, what did they charge you with and how long is the service plan for?

if you do have a nice house no doubt they will hate you more, just stating the obvious LOL

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Sun Oct 09, 2011 9:43 am

The allegations originated against my ex, her dad, whom I had been spit up with for over 2 years. She got an STD, said her dad molested her. She was 3 years old, was pretty candid in her accounts, and I believe it happened. CPS did their so called investigation, and said they had no evidence. While I didn't like that answer, I did understand that it is what it is, so if they said no evidence then there must not be enough evidence. I understood they would go away and honestly, I was glad of that because by that time I had seen their corruption and incompetence. (4 personal friends of my ex on the case, losing my daughters case file for 2 weeks then finding it again when I filed grievances, never testing anyone for the STD, lies, not returning my calls for weeks, etc.) So my dilemma became what to do WITHOUT CPS , to stop any molestation that may have happened and how to find out who did it. (I did, and do, unfortionately, believe it was her dad. She told us many times of explicit sex acts and named him by name).

So CPS with all their initial service plan crap, came in the beginning when he was the one being so called investigated. It was put to me as, for the best interest and protection of the child. Little did I know at the time, I was being ripped of my rights and set up for their shop of horrors, the same as HE was. I was being looked at and punished for his actions too.

Later, they decided that he was likely to NOT be the perpetrator, therefore there must be someone out there. ie; me or my teenage son. Other stories over the months include possible lack of discipline, causing my daughters sexual behavior, possible coaching to get her to accuse her dad by the crazy pissed ex girlfriend, possible mental disorders causing her to be overly sexual, possible no abuse or neglect by anyone at all but her behavior is dangerous to herself and others, thus needing placement, possible failure to protect by having my son or other men around to molest her, educational neglect because my 16 yr old son quit public school to attend an advanced alternative school, and was inbetween schools thus legal for one day, and now yes she was molested and raped but by an unknown perp.

They took her the night we came home from the hospital after she returned home from a visit from dad with labial abrasions. ie; her privates were tore the eff up. So they said they had a mom saying her ex molested the kid. A dad saying no he didn't. Not enough evidence to think he did it. A mom who a few days after hearing of no evidence took the kid to the ER with evidence. That its suspicious. And to protect her from both houses until they figure it out, they were taking her into protective custody.

So. ..I have no idea what the real allegations are against me. Just verbal hints to the list above. It quickly became a case of CPS deciding who is the good parent and who is lying. 4 court ordered psych evals , parent class, forced to move, get a job, yada yada yada, and 6 months of a foster home later, no one has made a decision.

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Sun Oct 09, 2011 9:55 am

Sorry, that should say my son was ILLEGAL* for a day. And the service plan was for 3 months. The second one I refused to sign. The third one I signed as told by my lawyer but tried to rescind my signature along with the first one. No go, according to the CPS and court clerk. I am close to firing my lawyer even though he has protected me thus far. He is just not very aggressive and im pissed, so aggressive sounds good to me right now. The last service plan said 1 thing when I signed it and quite another a week later.

As I signed it, good for 3 months, it only said: continue visits with my daughter, continue once monthly family counseling, and continue to appropriately discipline my other kids.

A week later it mysteriously added: take another parenting class, get a hair follicle test, and seek individual counseling. So, im at the end of my cooperation rope. Either charge me with something or give me back my daughter.

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: told i cannot rescind my signature

Postby mamalion » Sun Oct 09, 2011 11:34 am

if your child has been in foster care for 6 months there has to have been a jurisdiction hearing and you'll have a court report with their charges. and a case plan for family reunification had to have been done.

they can't add to the case plan without going back to court.

what is your lawyer saying? this sounds so confusing and it can't be this confusing

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Sun Oct 09, 2011 3:59 pm

Agreed on the confusing part. They took her kicking and screaming against my will, on April 23, 2011. We had the 72 hr hearing 4 days later. At that hearing, both parents (separately ) heads spinning from not knowing what's happening, we sit in a tiny courtroom filled with agency people. The juvenile office head guru reads a list of stuff, like there are allegations of sexual abuse, and investigation was done with no evidence found, an ER doctor reported probable rape and molestation, and they recommended it was correct to take her to protect her until they do further investigation. The CPS people agreed. The judge agreed. That was it.

Adjudication was supposed to happen long ago, but it was unclear who they were alleging ca/n on. Supposedly it was my ex but somehow I was dragged in as equal partners. They removed her from MY home and MY physical custody, on the grounds that HE molested her or at least SOMEONE had.

On the day of adjudication, the judge said he can't because CPS had not done the stuff they were required to do in order for him to hear the story. ie;they failed to interview the dad, failed to schedule the psych evaluations before the court date. It was continued.

The new adjudication day came, and my lawyer continued it on the grounds the psych evals were still not done, and CPS had failed to specify what allegations were against me. He told the judge he can't very well defend me if he doesn't know what he's defending me against. It was continued.

The next adjudication day came without ever even going to the court house. The GAL continued it twice on the grounds more psych evals were needed to make a recommendation. So here we sit.....6 months in foster care. No evidence on dad of molestation. No evidence on mom of whatever they are going for. The safety plan, case plan/service plan, all kept going according to CPS regulations though. So BOTH parents, me being the non offending parent, have service plans. It turns out though, that mine is more extensive than my ex's. Reason being I have other kids in my home and he is childless at the moment.

My lawyer basically says they can't adjudicate without him knowing specific allegations. Are they accusing me of actually molesting her? Failure to protect? Educational neglect? Disciplinary neglect? We don't know and CPS says they are waiting for the last shrinks report before they make that call. He also says since adjudication never happened yet, she is still considered emergency, temporary protective custody, like most kids are in for only 30 days. That adjudication is where the court decides to send the kid home and drop it, or keep the kid in regular foster care and work towards reunification/via service plans. Since that never happened yet, everyone seems confused what will happen. The judge is getting pissy waiting and says for everyone to get their shit together because he's up against federal time lines now and wont have it. So......I don't know.

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Sun Oct 09, 2011 4:06 pm

If the jurisdiction hearing is the same as the 72 hr placement hearing, we had that. My paper they gave me is the petition the juvenile office gave the judge, asking permission to remove her. Its signed by the judge. There is no hand written or typed place of reasons but the box checked says "abuse/neglect". The night they took her, and every time I ask since then, they say they took her because she was molested and they don't know which parents home it came from. When I argue that she has repeatedly named her dad, even to a case worker, they say I could have easily coached her to say that. So im assuming the allegations are obviously abuse/neglect, but what specifically? They can't decide apparently.

noroses4u2c
Posts: 877
Joined: Wed Jan 26, 2011 11:57 am

Re: told i cannot rescind my signature

Postby noroses4u2c » Sun Oct 09, 2011 4:34 pm

I still don't understand how their failing to do their jobs has not resulted in the case being dismissed and your daughter being returned home.
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.

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Sun Oct 09, 2011 5:02 pm

Not a clue. That is my next issue for my lawyer. It has to with their version of "in the best interest of the child". My personal opinion is they are just doing it because they are being allowed to. For the money they get from my daughter, and for the extra time they have to gather more twisted items through all the extra interviews. How that equates into legal stuff, Idk. One thing I do know, my daughter and my family has been ripped to shreds and im growing more balls to go against even my own council and exercise my rights.

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: told i cannot rescind my signature

Postby family_man » Mon Oct 10, 2011 7:16 am

I get infuriated just reading your story! It's shameful how they mislead you into signing that safety plan. And I believe you CAN rescind any signature you made.

Your attorney is not as aggressive as mine was after going through 2 years of similar crap. Mine started taking depositions and assembling expert witnesses: just in case it went to a termination trial (which it didn't).
Disclaimer: I am not an attorney, and this is not legal advice.

User avatar
brookeycookie
Posts: 514
Joined: Wed May 04, 2011 5:53 pm

Re: told i cannot rescind my signature

Postby brookeycookie » Mon Oct 10, 2011 4:32 pm

I'm on the fence about my lawyer. I get close to firing him, and he always pulls out something protecting me at the last minute. So I'm reassured in trusting his talent. Then time goes by and I get upset that he's not balls to the wall on this thing. ....then he manages to (with ease) protect me from something again. So....im undecided. For sure, his idea of aggressive and mine are two different things. But I interviewed 32 of them before hiring him. He was the single only one who asked about my daughter. He is a mediator also, so I had to think long and hard before hiring him. Ended up using him exactly FOR that reason. When I threw all the anger/resentment aside, it really WAS (and still is) about protecting my baby from being molested, and doing whatever legal means it takes to keep it stopped. It really WASN'T about hanging her dad or revenge tactics. So, I don't know,....will a fight like a bulldog lawyer who focuses on money, sole custody, smearing names, and digging unnessasary dirt any better? Makes my head hurt. He is, finally, starting to get angry and get a little more with it. His style is, the dads attorney is a crazy animated lady who plays dirty, digs dirt up, fights against mom and not the state. He assures me that when she's done wiping the floor with me and runs out of meaningless dirt on me, her defense is over. Meanwhile we have only presented facts, no dirt, no money issues, and voiced concerns of Brookes safety. .....but.....its scary. What if it doesn't work? What if we should have been fighting like dogs? The stakes are kind of high, ya know.

There IS a civil suit coming, and that is where he promises all this cooperation will look good and our aggressiveness begins. Pray for us, that we make it passed the CPS case in order to GET to the civil suite.

I had the last (so they say) interrogation today. Why they call them interviews is beyond me. I walked away pretty confident they are going to give her back. They are losing the patience of the judge and the psychiatrist (forensic shrinks are a whole different animal) says she is recommending she go home to me with normal visits with dad as if it never happened, leaving the supervised part up to a civil suite. Im relieved, but they have all lied to my face before. One month to the ever disappearing ADJUDICATION.

User avatar
littleplanet
Posts: 44
Joined: Thu Oct 13, 2011 10:31 am
Location: Toronto Canada
Contact:

Re: told i cannot rescind my signature

Postby littleplanet » Fri Oct 14, 2011 9:37 pm

brookeycookie wrote:I'm on the fence about my lawyer. I get close to firing him, and he always pulls out something protecting me at the last minute. So I'm reassured in trusting his talent. Then time goes by and I get upset that he's not balls to the wall on this thing. ....then he manages to (with ease) protect me from something again. So....im undecided. For sure, his idea of aggressive and mine are two different things. But I interviewed 32 of them before hiring him. He was the single only one who asked about my daughter. He is a mediator also, so I had to think long and hard before hiring him. Ended up using him exactly FOR that reason. When I threw all the anger/resentment aside, it really WAS (and still is) about protecting my baby from being molested, and doing whatever legal means it takes to keep it stopped. It really WASN'T about hanging her dad or revenge tactics. So, I don't know,....will a fight like a bulldog lawyer who focuses on money, sole custody, smearing names, and digging unnessasary dirt any better? Makes my head hurt. He is, finally, starting to get angry and get a little more with it. His style is, the dads attorney is a crazy animated lady who plays dirty, digs dirt up, fights against mom and not the state. He assures me that when she's done wiping the floor with me and runs out of meaningless dirt on me, her defense is over. Meanwhile we have only presented facts, no dirt, no money issues, and voiced concerns of Brookes safety. .....but.....its scary. What if it doesn't work? What if we should have been fighting like dogs? The stakes are kind of high, ya know.

There IS a civil suit coming, and that is where he promises all this cooperation will look good and our aggressiveness begins. Pray for us, that we make it passed the CPS case in order to GET to the civil suite.

I had the last (so they say) interrogation today. Why they call them interviews is beyond me. I walked away pretty confident they are going to give her back. They are losing the patience of the judge and the psychiatrist (forensic shrinks are a whole different animal) says she is recommending she go home to me with normal visits with dad as if it never happened, leaving the supervised part up to a civil suite. Im relieved, but they have all lied to my face before. One month to the ever disappearing ADJUDICATION.



I think your initial gut reaction to your lawyer is the one to go with.
A Pit Bull might get the job done, but ya never know..................
time and frustration can sharpen up the poodle's teeth, sometimes -

Maybe I'm just stupid - but what I don't understand is why you can't be properly legally represented
as a mom trying to protect her kid (from serious sexual abuse) that happened outside your home and
without your involvement or consent, obviously (that they cannot prove otherwise) and beyond all that,
you're still innocent until proven guilty? .....or maybe I'm missing something.

The most insane thing about this.....is that something happened to your child that you had no part in,
and you (and she) are the ones being punished for it.

I don't know what lawyers & judges do in courtrooms....but I wonder sometimes if it's law at all.

prayers and best wishes -
just let me laugh when it's funny
but when it's sad, let me cry


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 12 guests