CPS seeking court order for safety plan

[louieccharles]

I am the father, but not married to the mother. CPS was referred to mom and kids while they were living apart from me. Mom doesn't work (disability) and was having issues, some would be solved by living with me....stable home life, job, car, etc.

They told us that they closed the case, but referred us to Family Based Services to do a safety plan. We refused to do the plan because it involved the mom leaving the home until services start as well as some other didbits that would surely make us fail....and they wouldn't allow our input or collaboration. They have now petitioned the court for an order to make us participate in the plan.

The affidavit signed and submitted by the caseworker contains outright lies. I advised her that she was being recorded on several occasions and she actually quotes me (with quotation marks) at several times and the quotes are completely fabricated or the wording is twisted or words omitted to create a different meaning.

Anyone have any experience with this? If I file the proper documents (I'm prose and can use assistance ) will the judge throw out the petition if I can prove the caseworker lied on the affidavit?

If we are being sued separately, can the mom ask for a court ordered attorney at this point? If so, anyone know the process?

We are in Denton County Texas. Any feedback will be appreciated.

[HappeeBee]

Yes, I have. This is just typical CPS doing what they do best: lying. You need to type out a Declaration of Facts & Objections & Corrections which can be found right here:http://fightcps.com/2010/11/28/fight-cps-legal-document-information-library/

and then file it with the clerk of courts. Don't forget to get it notarized and have your own copies!!! Very important, bring it up to the judge. I did this recently and the judge heard what I had to say!

From what I understand about case plans, CPS is supposed to have parent(s) involved in the making of it so that they can discuss goals and what programs would benefit them to help them achieve whatever roadblocks they may have.

You can ask for a court appointed attorney but make sure that you put them to work. I have heard some people complain about their court appointed counselors. I have the fortune of having a very good court appointed attorney who does her job. You and the mom can request for one though. If you would like to represent yourself....study study study study the law, find case law to put into your paper work when submitting it to the court!!! ETC!!! STUDY!!!

Also, if you do not consent to the findings in the petiton and choose to go to trial, then (from what my lawyer just told me) you don't have to do the case plan and can refuse and CPS can not threaten or coerce you with TPR or anything else for that matter. I think it's best to always state clearly why you are refusing. You dont want to go in with a dumb reason like ' i just dont want to' and finding services on your own shows that you are willing to do some things if you feel you can benefit from them. I've learned doing some things looks good to a judge-it shows that you are making an effort.

Bring all the evidence though that proves that the Caseworker is lying!! You will need that in court.

[family_man]

If you advised her that she was being recorded, and that statement is on the record, then surely your recording is admissible as evidence. I would get a legal transcription of the conversation made. The transcription service can certify it is a faithful representation of the conversation. Then the transcription is also admissible. I don't know how much it will influence the judge's decision, but it's worth the effort.

You need to present good reasons why it's in the best interest of the child to decline the FBS services offered, and to present your alternate plan which addresses the concerns of CPS in a better way. If you believe the concerns of CPS are exaggerated, you need to present evidence to that effect as well.

[louieccharles]

Thanks for the input!!!

Here's a little more background.
The mom allegedly put a one inch scratch on our oldest son's cheek.....she allegedly was attempting to discipline him for using inapporpriate language while stating his displeasure about a spanking that he just received for refusing to go to timeout. We have been counseled about over discipline and supposedly we all (including cps) agreed that this was a one time incident.

The mom and I sometimes argue (loudly) and our apartment neighbor has called the police on us more than a couple of times......we don't argue in front of the children and we don't hit or fight eachother.
We were told that the investigative portion of the CPS referral was closed with a dispostion of "unfounded" then they asked the mom to sign a "safety plan" and I advised her to refuse.....When had finally had enough and decided to stand up for our rights and asked the caseworker to leave and advised her that she was no longer welcome in our home, she said that she would file to have the kids taken away.....we told her to go ahead and file a case....this is the result.

The basic reason that we don't want to go along with the Safety plan is because the first condition is that the mother "leave the family residence until services start". To us, this is a clear violation of her's and our children's Constitutional right to be together.
Next
They want us to submit to drug testing. They have encountered absolutely nothing that would make them think that we do illegal drugs and this is just a token of their power that they are throwing in..
Next
They want the mom to have "supervised visitation" with the children. Eventhough we have been back together for the past 3-4 months, there is a final order of custody that this would contradict.
Next
They make comments like "comply with ALL recommendations"....
They never asked for our input on the plan at all.
They do not state any time periods........whether it is for the "start of services" or the end.

According to their own handbook, we do not qualify for FBSS assistance and the handbook says that (according to our specifics) they shouldn't have even asked the Court for an order.

Here's another question.....
Texas Family Code 264.203 says that they can request a Court to order "Services"........how then do they ask this court to make us "Participate in serivces", but they don't list one single service in the court documents.