NEW DAY NEW PROBLEM WITH CPS

[stormynights472]

So I just received a voice mail saying not only do I have to have my husband go in and sign a medical release form ( It is apparently to send him to an outpatient rehab for him smoking marijuana once) now they're saying I have to go back in as well for a follow up? In our court order it states I am done with the substance abuse evaluation ( mind you 7 weeks later I was told by my CW and the substance abuse lady that I came out clean but they didn't have that report in court!). NOW she is telling me I have to go in as well? Should I deny it based on the court order stating I am done with my evaluation and all I need is a psych eval?
I am just nervous over what they're trying to do here. My 6 month old had surgery done in philadelphia 2 weeks ago and we have been running him back and fourth for appointments as his health means more to me then these needless evaluations however, they're going to be putting a fork in the works with all this needless garbage!
Should I go in and see what they want or show them the court order saying I ONLY have to do the psych evaluation? It's only noon here and I already received 2 phone calls from them.

[Daruma]

I would mail or hand-carry them a written statement saying something along these lines.

During my interview with Caseworker Smith and Substance Abuse Sally on (date), both of you assured me that my drug test results were negative. According to the attached copy of court order #12345, dated xx/xx/2011, my drug abuse evaluation has been completed to the court's satisfaction. I am now required only to complete my psychological evaluation. I would appreciate your arranging this evaluation at your earliest convenience.

Sign, date, and attach a copy (never the original!) of the court order.

Keep a copy of this statement with your case notes. If you take it to them in person, follow up with an email with the statement and your court order attached. That way you have proof that they received at least one copy.

[Daruma]

Every time they assure you of something but fail to put it in writing, it might be a good idea to follow up immediately with a letter such as this:

Dear Caseworker Smith,

This is just to document what you told me during our meeting at your office at 2PM yesterday, 1/1/2012. You assured me that my drug test was negative. However, you indicated that you would not be reporting the negative results to the court.

If I do not receive a correction from you in writing within two weeks of today, I will assume you agree that this is an accurate summary of your statements.

Mail a paper copy (return receipt is best) and also email a copy, as well as keeping a copy for your own records. Keeping this kind of record could prove valuable in the future.

[stormynights472]

Thank you! I don't know any of their email addresses do you know if they would be online? Everytime I ask for one I am told to call them. Even their business card has NO email address or postal address it just says ( what ever town) field office. They have 4 local offices that cover our town so I don't even know where to mail the letters to unless maybe I should mail them to ALL of the offices? The only reason I know these offices exist is because we were brought to them!
Also, when my husband informed the substance abuse evaluator that he would be more then happy to write up his OWN medical release but not their "generic" release form she told him he is not allowed to that. He told them it's his right and that he has had his rights stepped on for the past 2 months and he was not going to sign their paper unless he could make a statement saying this "rehab" was only allowed to receive information based on his drug assesment.
In speaking with this woman my husband reminded her that she told him SHE doesn't feel he needs treatment she then again stated SHE didn't but that CPS is telling her that he needs something! They ( CPS) said in court SHE ( the substance abuse evaluator) told CPS that he needed treatment and she is saying something different. Who do you believe in this case? I asked family preservation services who were out here on March 5th after court to send me a letter stating what they told me ( that my family was well put together and not in need of their services ) and also that it was the 4th time the denied the referral from cps. To date I also have not received anything from them however, I DO have her email address and will be following up on that today as I figured maybe it would take a week to get it in the mail.
I don't know what they're trying to do/prove here anymore. Everyday it's something new with them.

[Daruma]

If you will PM me and tell me what city, state, & county you're in, and your social worker's name, I'll see if I can track down an email address. No guarantees, but I'll try. Don't tell me your real name, just the caseworker info.

[Daruma]

Also, when my husband informed the substance abuse evaluator that he would be more then happy to write up his OWN medical release but not their "generic" release form she told him he is not allowed to that.

He could write up his own release anyway, with a copy for himself. If she refuses to accept it, he should ask her which specific state or federal statute prevents him from writing his own limited release. (If I were a gambler, I'd bet good money there is no such law.)

[Eljay]

The Los Angeles County DCFS does NOT like putting things in writing. When I asked if I could use e-mail to have a record of our communications, I was told that they only use e-mail for internal communications, not w/clients. Therefore, keep communicating in writing. Unplug your answering machine or voice mail service and tell them that they will need to communicate in writing with you.

Get in the habit of writing down what anyone says (CPS, evaluators, etc.), word for word. Tell them you are writing it down, make them wait while you write, ask them to repeat if necessary. When you are done with your communications, as Daruma suggested, echo it back in writing to them. If you're speaking in person, write a note at the bottom that says, "this is an accurate transcription of our conversation held [date] at [time]" and ask them to sign or initial it.

Don't make it easy for them. There are easier targets for them to pick on.

[Daruma]

Here's an an example of a HIPAA compliant release form. It won't suit your husband's needs, but it may serve as a guideline for what you wish to include or exclude, and how to word it. Note the provisions at the end allowing for revocation of permission.
https://www.novitas-solutions.com/partb/forms/pdf/hipaa-auth.pdf

The references to 45 CFR 164.508 pertain to Title 45: Public Welfare of the Code of Federal Regulations (CFR). For your reading pleasure:
http://www.access.gpo.gov/nara/cfr/waisidx_10/45cfr164_10.html

[stormynights472]

Thank you both! I am going to do exactly what was suggested ( in asking what state/federal law prevents them from accepting HIS written release).

I too was basically told they do not use email other then to write to other departments etc. I brought that up in court because the law guardian told the CW in front of me oh CW did you receive my email about ( something to do with another case). I didn't say a word just kept a mental note of it that they DO use their emails but apparently to only suit their needs not that of their clients. I did push the issue and contact my CW today after talking to the evaluator and surprise, she never called me back! Everytime I question their ethics they tend to avoid me at all costs!

[Daruma]

State & county employees usually have email addresses that are based on certain rules, meaning they're pretty easy to figure out. Here's a tutorial on how to do it:
viewtopic.php?f=105&t=12000

Your caseworker may choose not to respond to your email. That's okay. You can still leave a provable trail of your attempts to contact them, nicely backed up and archived for you on state computers so she can't deny receiving them. Your caseworker has no control over the IT department. You can even CC her supervisor for all communications. Cool, huh?

Hope this helps someone.

[stormynights472]

State & county employees usually have email addresses that are based on certain rules, meaning they're pretty easy to figure out. Here's a tutorial on how to do it:
viewtopic.php?f=105&t=12000

Your caseworker may choose not to respond to your email. That's okay. You can still leave a provable trail of your attempts to contact them, nicely backed up and archived for you on state computers so she can't deny receiving them. Your caseworker has no control over the IT department. You can even CC her supervisor for all communications. Cool, huh?

Hope this helps someone.

Thanks I will go look into that tutorial now. I just spoke to my sons visiting nurse as well and she did indeed tell me my husband has EVERY right to write up his own medical release form and that it will be legally binding. Only reason I think they want him to sign theirs is to 1-dig into his past medical and 2- for them to tell the counselor/evaluator/nutcase information about our case and have them come up with their own opinion about who we are based on that information.

[Daruma]

Only reason I think they want him to sign theirs is to 1-dig into his past medical and 2- for them to tell the counselor/evaluator/nutcase information about our case and have them come up with their own opinion about who we are based on that information.

Bingo! They're never looking for reasons to close your case. They're just fishing for new reasons to stay in your life forever.

[stormynights472]

So in speaking with the CW today she informed me that we're allowed to go for our own independent evaluation for hubby for the substance abuse issue he doesn't have and we were informed that while we have the right to have that done we must obide by the court order saying we will follow THEIR PLAN and it didn't matter if we had more then one they only have to ENFORCE theirs ( so to me that's saying they're going with whom ever they can sway THEIR way!)

I did inform her that my husband would be more then happy to sign a medical release as far as his substance evaluations and testing goes but he is NOT giving them anything more or less then that ( meaning the rehab people will NOT be seeing any information about our CPS case) so she said ok then you're denying the service? I said NO we will comply but based on all of us agreeing on set terms not just THEIR way! I never did get a straight answer.

Then I hit her with the court order states I am done with my drug assement etc and that now the evaluator is saying I need to see HER I said NO the CW tells me no, you have no reason to go back to her. Ok, then why is she saying I have to have a follow up? Makes NO sense they told me random urines would be collected from me in my home not me going anywhere and she tried to say maybe that's why. When I told her ( date and time) she told me they would be coming to the home to do it she said oh I don't know then you'll have to speak with her.

I let the CW know I want her and the substance abuse evaluator in the SAME room and I would be happy to speak with the both of them but I am not doing the he said/she said thing anymore that I am too old and have children to take care of that I don't have time to waste on their "games".

Another spinning instance with the CW and evaluator came into play as well. CW tells me it's not a rehab it's a preventative program ( I guess they figure the way they work it's enough to drive a sane person insanity!) and that it's a one on one therapy session once a week. The evaluator told my DH NO, it's a rehab center that would be 2 hours 3 times a week in a GROUP setting ( mind you my DH has social anxiety disorder and does NOT do good in a room full of strangers he use to have severe anxiety/panic attacks that he has since overcome but being thrown into a sitauation like that I don't know what could happen) now I am getting very tired of hearing different things from different people every time I speak to someone. I feel like if they can't even get their own stories straight then why should I be dragged into this? The CW told me that some times the CW will feel one way but the supervisor may feel another and they have to go with what their supervisor says! Ok when your supervisor has never met us, had a conversation with us etc..how does he/she know what's best for OUR family!? Also, the evaluator woman told my DH that she does not feel he needs anything done however, she is bound by the rules of CPS and they said he needs SOMETHING so she had to refer him for a service he doesn't feel he needs..

[Daruma]

Why are they going to give you random drug tests? Didn't the court say they were satisfied that you weren't a user? I would not take any drug tests for them without a court order. Tell them if they want the tests, go to court and get an order.

[stormynights472]

Why are they going to give you random drug tests? Didn't the court say they were satisfied that you weren't a user? I would not take any drug tests for them without a court order. Tell them if they want the tests, go to court and get an order.

On my court order it has boxes to be checked off if you're required to comply with anything the ONLY box that is checked off for me is the psych eval. My Dh's boxes are checked for substance abuse/treatment recommendations by evaluator and psych eval.

[Daruma]

Do what the court tells you. You have the right to refuse drug testing if it's not court ordered. And I would document every single instance of them trying to coerce you to take a test you're not required to take. Example, to be changed to suit your exact circumstances:

To: Caseworker
CC: Substance Abuse Sally, Caseworker's Supervisor

On xx date, caseworker Ima Jerque requested that I take a UA. I respectfully declined because there is no court order requiring me to take such a test. I have never used illegal drugs or abused legal drugs. The court-ordered evaluation by Xxxx Xxxx on (date) determined that I am not considered at risk for drug abuse.

Please understand that this is just my opinion. You seem like you're willing to stand up to them, which is awesome! But we all know that they don't like it when people insist on their rights. It could end up going either way for you. They may get really vindictive, or they may eventually decide to look for an easier target. Me, I'd rather do what you're doing than give up without a fight.

Edited to add sample documentation.

[Eljay]

OMG! I had the same caseworker!!! Ima Jerque.... TFF Daruma!!!

[stormynights472]

Honestly, I think that's why they're trying to push my buttons ( to get me to react) instead I tell them the court order doesn't specify that I need ANY sort or drug evals/treatment or testing. When I approached her with that attitude she said well, if you're not doing anything why not just do it to get it out of the way? I said I never HAVE done anything and I gave you 2 random drug/alcohol screenings! If that is not enough for them then they should have ordered me to do it in court.

I followed your tutorial and have been emailing people left and right..lol..No shock they have NOT responded to me. Tomorrow I think I will go to the kids grandma's and start faxing them as well! They want to bother me with needless/senseless garbage then I feel obligated to do the same.

And I love the Ima Jerque name..I think they ALL should go by that!

Also, one other kind of strange thing I wanted to see if anyone else encountered. My CW ONLY calls me from her cell phone. Never a work phone or an extension. The only reason I know it's her cell phone is because when she came to see the kids for her 1 month review she called me from the front of my house saying she was here ( she's afraid of my 2 dogs because they bark though one is a chihuahua and one a collie mix..) Am I reading to much into things or could anyone think of a reason why she would only use a cell phone in communicating with me?

[Eljay]

I wouldn't read anything into the cell phone thing. They are, by nature of the job, out on the road a lot. Our emergency caseworker only used her office phone. Our dependency investigator only used her cell phone, but provided her work phone on her card. No biggie.

[stormynights472]

I wouldn't read anything into the cell phone thing. They are, by nature of the job, out on the road a lot. Our emergency caseworker only used her office phone. Our dependency investigator only used her cell phone, but provided her work phone on her card. No biggie.

Thanks, I wasn't sure that's why I thought I would ask. Seems like so many things I wouldn't think would be anything are something. We just got letters from my sons doctors saying what a wonderful job we're doing in his therapy/medical aspects so I plan on bringing those to court with us as well..

[Daruma]

I followed your tutorial and have been emailing people left and right..lol..No shock they have NOT responded to me. Tomorrow I think I will go to the kids grandma's and start faxing them as well! They want to bother me with needless/senseless garbage then I feel obligated to do the same.

That's the spirit! If you're stuck with them, then they're stuck with you, too.

Stormynights, I'm sure you've already figured out the stuff I'm about to write. I'll write it, anyway, for the benefit of other parents who might read this thread in the future. Documentation is a two-edged sword. Don't write anything that could swing around to hurt you. (I'll also add this to the email tutorial.)

- Keep these communications short, simple, and to the point. Summarize, don't detail.
- Don't include anything that might incriminate you.
- Don't insult anyone.
- Don't be sarcastic. They may take your sarcastic words at face value.
- Use plain, straightforward language.
- Be careful with pronouns. ("She said she put her shoes on her bed." Is that all the same "she," or are we talking about two or more females? Better to have a sentence that's awkward than one that's ambiguous. "Mary said that Sarah put Mary's shoes on Mary's bed," is much clearer.)
- For what it's worth, don't email in the middle of the night. Yes, I really have heard of a caseworker using this against the parent, as proof that the parent was unstable.

[stormynights472]

I followed your tutorial and have been emailing people left and right..lol..No shock they have NOT responded to me. Tomorrow I think I will go to the kids grandma's and start faxing them as well! They want to bother me with needless/senseless garbage then I feel obligated to do the same.

That's the spirit! If you're stuck with them, then they're stuck with you, too.

Stormynights, I'm sure you've already figured out the stuff I'm about to write. I'll write it, anyway, for the benefit of other parents who might read this thread in the future. Documentation is a two-edged sword. Don't write anything that could swing around to hurt you. (I'll also add this to the email tutorial.)

- Keep these communications short, simple, and to the point. Summarize, don't detail.
- Don't include anything that might incriminate you.
- Don't insult anyone.
- Don't be sarcastic. They may take your sarcastic words at face value.
- Use plain, straightforward language.
- Be careful with pronouns. ("She said she put her shoes on her bed." Is that all the same "she," or are we talking about two or more females? Better to have a sentence that's awkward than one that's ambiguous. "Mary said that Sarah put Mary's shoes on Mary's bed," is much clearer.)
- For what it's worth, don't email in the middle of the night. Yes, I really have heard of a caseworker using this against the parent, as proof that the parent was unstable.

Thanks! No emailing the in the middle of the night. I email/fax from 9 to 5