Update

[flcps2011]

I think the cps worker came by again today. I'm not sure if it was her since I didn't answer the door. It is right around 60 days. I think today actually may be the 60 day mark. I didn't answer the door because she caught me totally off-guard; I didn't have a video ready to record the meeting. There were dishes in the sink. I didn't get a lawyer. And I was concerned about the house being up to their standards because the rug in my bedroom is really old and has some stains on it. A lawyer I talked to said if your house isn't Martha Stewart, you're screwed. There is some crayon on one wall and some chairs from when my daughter was little.

I have no idea what will happen next. Maybe she will just close the case and will file for a hearing?

Any ideas on how I should proceed?

[brookeycookie]

Get a lawyer, and don't assume they will close anything. If you ever have a court date later, hopefully you won't, but if you do...its of the utmost importance you have a lawyer. Of all the visits, letters, meetings, nightmares, the important one is adjudication. Maybe called: adjudication, adjudicatory, judicial hearing, fact finding hearing, or pretrial judicial. DON'T consent, stipulate, plea bargain, or so much as nod yes. You will regret it.

[Eljay]

Did she call and leave you a message? There is no reason, since y'all have been playing phone tag, that someone couldn't call and make an appointment to see you. Of course, they're trained to surprise you so that they catch you in an every-day sort of situation. Our caseworker who checked in with us 1-2 times a month for 6 months would always call and ask to see us THAT DAY... never did he schedule for the following day or week. Silly, but that's how they operate.

Regardless, you are very much in the dark since you've never talked to them. It's a bit optimistic to think they will close the case at this point, but not unheard of. They could be totally fed up with you and preparing a court petition to take your child. I'm thinking that they haven't already or they would've shown up at your house w/the police and warrant in hand. It's all speculation until you talk to them. :/

[monkette31]

New INFO tonight!!!

On another network, facebook, a woman posted a letter that she sent to cps in 2009 that STOPPED the investigation in it's tracks. I just posted it in another thread here but this woman said she (Vanessa) is going to come here tomorrow and post that letter. I'm not sure what thread she will post it in but if you are up late now, look at my last couple of posts, it should be in there as well... oh here, she did post it over there and say she wanted to help anyone who needs it and I think she went to bed. viewtopic.php?f=2&t=11752&p=64263#p64263

[Eljay]

Love it! Now, if you can ferret out their policies (LA County DCFS has a boatload of info online) then we can be informed and hold them to their own standards!

[peetred]

viewtopic.php?f=2&t=11760 yep I posted here. If anyone wants to know more details of our situation in 2009 I am happy to discuss.

[peetred]

In short, we had legal counsel that confirmed to us that we did not have to meet with them (either in our home or in their office), and we did not have to talk to them. They refused to tell us what we were accused of. She said she would tell us in her office, but the policy stated they could tell us in person or in a written report. They ignored us after we asserted that we knew our rights.

[monkette31]

Eljay, great thinking! I think someone like myself should look up the CPS policy on this in every state! This info is great! Here is the Los Angeles County Procedural Guide 0070-548.10, DISPOSITION OF THE ALLEGATIONS AND CLOSURE OF THE EMERGENCY RESPONSE REFERRAL.

Boy this answers a lot of questions, but specifically on page 17, number 5. states...

5. Inform the alleged perpetrator in private of the allegation(s) against him/her, and verbally inform him/her that ....

blah blah....

Their procedural guide has an effen lot of good info, note that this is one procedural guide they have of many many many procedural guides they have.

Here is the location and I've also included an attachment of the guide. http://www.google.co.uk/url?sa=t&rct=j& ... 6g&cad=rja

or tiny url: http://tinyurl.com/72vwuge (opens straight into doc)

[flcps2011]

Ok, another update. My daughter is with me right now- she has been for the past few weeks. I am wondering if I should enroll her in school tomorrow. Her dad wants me to bring her back today to see him, but if I do, I am afraid he will just take her to another state he plans on moving to in a few weeks or I will not get to see her again/he will keep her permanently. Cps won't come back to my home again and take her will they?

[Eljay]

Who has legal custody? Is she not already registered in school (it's January... mid-semester)? All these things should be spelled out in a custody agreement. Do NOT go against court ordered custody or you will shoot yourself in the foot, especially if your ex has you arrested. What sort of games are you two playing with your daughter's life that he is moving away and you're not sure which school she should be registered in?

[flcps2011]

I have legal custody. A few months ago, he coherced me into signing some agreement he wrote up saying she would live with him the majority of the time; but we never had it notarized as I had a change of heart and realized it wasn't best. So anyways, our court order says she is supposed to be with me. There isn't any reason why she can't stay with me; I just don't want to risk cps stopping by and putting her in foster care based on his false allegations. This is really about a dad who dosen't want to pay child support and therefore, filed false allegations with cps because he knew proving I was unfit is the only way he can get custody.

[monkette31]

If you indeed have legal custody and he takes the child, i think that would be considered kidnapping. He would be the one defying the court ordered custody agreement.

[Eljay]

How were you coerced into signing it? I have zero experience with custody issues, but from what I can tell, if it hasn't been blessed by the court, it's NOT official, or at least, your court order supersedes it until the court approves your new agreement. Now I remember you saying something about not having a copy of the new custody papers you two had signed. If you've got court ordered custody papers, then make sure you have a COPY of them with you at all times (orig should be in safe deposit box or other safe place).

Since he's moving away in a few weeks, has he discussed with you who will take your daughter? Or how you all will arrange for visitation? If he hasn't hammered out these details with you, then I would certainly be worried about some plan that he has to abduct her. Has he given you a new address or any information about where he's going? If he's not behaving on the up-and-up, then that would be a huge red flag.