problems attorney/cps

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RainDE
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Joined: Thu Oct 27, 2011 3:15 pm

problems attorney/cps

Postby RainDE » Sat Dec 24, 2011 9:15 pm

hi, I'm having some problems my attorney is not doing his job. He is court appointed and I want to find out what to do, because I called a hotline where lawyers take cases pro-bono and they wouldn't take mine saying that if I have a court appointed attorney, that they wont/cant take my case even if I get rid of him. How can I switch attorneys? Whats been happening to me is that he has been trying to talk me into a dependency since the day I met him. I made a post about what happened to me. There shouldn't have been a dependency at all. He was trying to talk me into doing a sych eval right away, even though there wasn't anything going on(I wasnt abusive or on drugs or anything). This should have been a case where the lawyer could very easily close the case, but instead he's just trying to push me into cps grasp as much as possible. Anyway, the court wound up ordering a sych eval even though they had no reason to. I told my attorney several times that I did not want to go to cps's sycholigist. He kept telling me he picked this guy out. I had to wait a couple of months for the appt. then a few days beforehand my caseworker slipped that she works with him all of the time and that he does most of the evals. then on the day of the sych eval, I was forced to sign papers(or be in contempt of court) saying that I understand that I will not be told what the testing determined unless I go through cps. and that cps is the CLIENT who hired him!!! It also said that the privacy laws dont apply here and that he can talk to courts, attorneys, cps or whom ever he wants to about me. Also, he never talked to me about what was going on, he just had me fill out a test, so I didnt get to explain how many lies are in the petition which I thought I could do so that I could clear this whole thing up and get my kid back. so I may not know what bullshit lies they have come up with until I'm in the courtroom and cant say anything or have time to do something about it. My attorney does not do anything to get rid of the lies they come up with either. And whats really sick is, that this isnt some disgruntled ex making up the lies- its CPS and the JUDGE commissioner HERSELF making them up! The more time passes, the more it is unbelievably clear that they kidnap children and oppress people and it has nothing to do with child abuse at all. Their test by the way- it was an absolute JOKE!!! it was like 579 true/false questions and most of them didnt make sense to answer because there are so many abstract words in that test that any sane person could be percieved mentally ill and any mentally ill person could be percieved sane. How can people determine mental illness without spending alot of time talking to them??

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monkette31
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Location: Los Angeles, California
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Re: problems attorney/cps

Postby monkette31 » Sat Dec 24, 2011 9:43 pm

I've found that to get anything done with your case, you kind of have to do it yourself. These court appointed lie-ers, I know, they actually work against us, nothing but sheep herders I say. There are some reports you can try to submit to the courts yourself, such as the one "Objections and Corrections to social workers report..." where you can correct their often sick and twisted reports FOR THE RECORD. I even brought him 5 copies one time, etc, they DO NOT want to do anything! this may be just the way these lawyers work everywhere, feeding us to the sharks...

There is a website too, familyrights.us associated with an organization called AFRA, american family rights, they have a do it yourself type of guide and a good facebook group as well. I've run into more than a few people who have had to file their own motions and have succeeded, they are fb too..
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

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brookeycookie
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Joined: Wed May 04, 2011 5:53 pm

Re: problems attorney/cps

Postby brookeycookie » Sun Dec 25, 2011 7:34 am

I agree with monkette. Even though it's scary, I'd fire the court paid lawyer. No help is better than resistance. Understand though, you will either have to hire a private lawyer, or do it yourself. If you don't study fightcps and AFRa, and you don't read everything you can on your states family/juvenile law, they will mop the floor with you.

Example: I filed a corrections paper with the court. I was told I can't, and escorted outta the courthouse. I tried a second time, armed with the laws that say I can. They let me, but it was thrown out before anyone saw it, because you have to also mail a copy to everyone involved....I forgot the CASA worker, so the judge never saw it, the court never entered it.

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monkette31
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Location: Los Angeles, California
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Re: problems attorney/cps

Postby monkette31 » Sun Dec 25, 2011 12:32 pm

Ya, they are creepy. The first time I did this, it was in May of 2010, I typed a Objections and Corrections doc and submitted it to the court, with copies, it was passed around to all the lawyers, never officially entered into court docs, and used to destroy us more, they delayed court for 4 hours, called up the social worker and had her send over an emergency report, time stamped 1pm at the courthouse.

The second time, in April of this year, the judge took a copy, was never officially filed or stamped so she could say that it wasn't entered but I saw her read it, punch holes at the top and put it in my file. My lawyer didn't even take a copy, just gave it to the judge.

Other than these times, we're not allowed or it is ignored by the lawyer or highly suggested by them that our reports should not be submitted or according to him, "it will piss off the judge". However, the cps people seem to be able to get things filed with the court even by fax with reports labeled Emergency Information.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

RainDE
Posts: 23
Joined: Thu Oct 27, 2011 3:15 pm

Re: problems attorney/cps

Postby RainDE » Sat Jan 14, 2012 5:50 pm

thank you for your responses. I filed a declaration a little bit ago with the court clerk office not during court at all. They cant ignore it as easily. I am going to check Monday to see that it was properly filed. they stamped it and said they were filing it. But I think I need to go make copies for all parties involved. Im also going to make an objections/corrections document before my hearing on Tuesday, I still havent been able to talk to my lawyer in order to fire him, and he left a message for me stating he would not be in court Tuesday that he is busy. Now that I have been trying to prove myself capable to parent they are reviewing my social security(they reported me) and I may no longer have an income in a few months. CPS knows they had no right to take my kid and will commit perjury but then try to get me kicked off of ssd/ssi.

caluzzdheart88
Posts: 18
Joined: Tue Feb 28, 2012 2:59 pm

Re: problems attorney/cps

Postby caluzzdheart88 » Thu Mar 01, 2012 3:09 pm

Hi, im wondering if anyone can help me. I made the mistake of signing a safety plan. The conditions were to be supervised by my mother while visitng my kids( im accused of neglect) All of a sudden im going to court and was told that i cant see my kids at all until after court! Please help!

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: problems attorney/cps

Postby Eljay » Thu Mar 01, 2012 6:43 pm

caluzzdheart88 wrote:Hi, im wondering if anyone can help me. I made the mistake of signing a safety plan. The conditions were to be supervised by my mother while visitng my kids( im accused of neglect) All of a sudden im going to court and was told that i cant see my kids at all until after court! Please help!


It's best if you start your own topic instead of building on someone else's totally unrelated case .... but, to answer your question....

They lie. If the safety plan you signed said that you can see your kids while supervised by your mother, then that was the agreement. You didn't screw up... had you refused, they likely would have gone straight to court and filed a motion to remove the kids completely and not allowed your mother the chance to have them. If they screwed up and failed to assess the risk, they that's THEIR BAD. They asked you to agree to "X" and you agreed to that... they can't go back and change anything. In fact, the safety plan is totally voluntary... if you wanted to rescind it and move away to another county with your kids, you could do that. You would need to let them know where you're moving to, but you could get away if you sense danger.

Now, if you DID actually abuse your kids, don't violate the safety plan and comply with what they tell you to do. Otherwise, comply with the safety plan and when you get to court and write your DECLARATION OF FACTS to have on the VERY FIRST DAY you get to court. The judge is not going to ask you what's going on, what you think, etc. so get it on paper if you have something to say in your defense, or if the allegations are outright lies.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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caluzzdheart88
Posts: 18
Joined: Tue Feb 28, 2012 2:59 pm

Re: problems attorney/cps

Postby caluzzdheart88 » Fri Mar 02, 2012 8:39 am

Hey Eljay, I just read this so obviously I am learning more & more about the basics in using this website. As a "newcomer" I didn't know how to post my own "stuff" so I apologize to rainDE for my" building off of her....that didn't relate to her subject."Thanks!

caluzzdheart88
Posts: 18
Joined: Tue Feb 28, 2012 2:59 pm

Re: problems attorney/cps

Postby caluzzdheart88 » Fri Mar 02, 2012 8:45 am

Hey rainDE, I am going to do something similar to what you did, so thanks for the good ideas! Good luck to you and your family!


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