Do I have a case?

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

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ms k
Posts: 1
Joined: Mon Mar 19, 2012 7:13 am

Do I have a case?

Postby ms k » Tue Mar 20, 2012 8:10 am

CPS investigated my family on 2 previous occasions regarding alleged sexual abuse regarding my husband and daughter. I have 2 letters from them stating that they did an investigation and found that allegations to be "unsubstantiated. Seeing as CPS is trained to recognize signs of child abuse (after all isn't that the sole purpose of the agency?), I took comfort in the fact that there must not be any abuse occuring. Well in October my daughter confesses to her prinicipal that she had been being molested for the past 5 years. This resulted in her being placed in foster care and my husband killing himself. CPS took my daughter because I did not have a 'safe place' to take her. But at this point they already knew my husband had committed suicide (I was not informed yet), and that I could have taken my daughter home (because the threat was removed). Instead they stated that they were taking her because I had a "mental condition that may endanger" the safety of my kid. They are basing this on the fact that I would obviously become mentally distraught after not only learning my kid was being molested but by the fact my husband killed himself. Which is ironic because they waited until after I voluntarily allowed them to take her, because I did not have anywhere safe to take her. As soon as the CPS worker walked out, the detectives walked in and told me he was dead. So I immediately demanded that CPS return my child, at that point they informed me that I was being charged with 'failure to protect.' Then the same form I had regarding the temporary custody notice (the one that stated my mental condition effected my ability to parent) turns up in court. But they changed the reason to state that i "allowed the child to participate in sexual activities with others". The form had the same time, same date, same author but only the reason for removal was changed. They are obviously unaware that I have the original document. They knowingly lied to the court. What can I do?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Do I have a case?

Postby Eljay » Tue Mar 20, 2012 8:33 am

I would absolutely hire a lawyer yesterday and hang them out to dry. If anybody "failed to protect" it was CPS. Bastards... your daughter is victimized by her father and then DENIED her mother?!?!?!? WTF is wrong with these people? And then they blame YOU?!??!?

You'll need a lawyer who is not only a CPS defense lawyer, but also a trial/civil lawyer who is eager to take them for a huge settlement. There are lawyers here http://fightcps.com/2007/08/10/lawyers-who-take-cps-defense-cases/, referred by fellow CPS victims most of the time (not endorsements, just public listing). What state are you in?
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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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: Do I have a case?

Postby Daruma » Tue Mar 20, 2012 8:41 am

Please take Eljay's advice immediately. CPS dropped the ball. Now they're going after you in order to cover their own sorry behinds.
These are my personal opinions only. They are not legal, medical, or financial advice.

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

Re: Do I have a case?

Postby noroses4u2c » Tue Mar 20, 2012 8:45 am

You need a good lawyer pronto. Do not trust a court appointed attorney. Court appointed attorneys just go along with your enemies.

It sounds to me like they knew he had killed himself prior to your allowing them to take her.

Considering they allowed it to continue after investigation twice, wouldn't they thus be also guilty of "failure to protect?" I would kind of point that out...

Do not stipulate to anything in court and demand a trial. They will manipulate everything to try and get stipulation. In my case, the court appointed attorney lied and said I was stipulating when I was denying I did what I was accused of doing. And now they can add more and more lies to the file and I cannot object to any of it because the record says I stipulated. Do not stipulate.

They will probably lie to your daughter about you. In my case they lied to my girl and told her that I didn't want her and that I wasn't trying to get her back. They will do what they can to alienate her from you. Reassure her every time that you see or talk to her that you love her and want her home. Let her know you miss her.
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.


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