Need Help/Advice PLEASE!

[coldsmoke]

Hi I am new to this site and desperately need help. I apologize in advance if this is long but it seems like it is a long story. I am a grandmother of 2 beautiful granddaughters that were taken from their parents at the end of July. My older granddaughter was born in 2012 and the younger was just born in July about a week before CPS took them. Mt older granddaughter was in the hospital since she was 2 weeks old with a condition she was born with and was released in June of 2013. She was there for almost 500 days I believe it was. While she was in the hospital my daughter and her husband got kicked out of the Ronald McDonald house and then the PICU at the hospital for various reasons. The hospital called CPS on them while my older granddaughter was in the hospital still. At the time CPS decided to give them another chance. The whole time my granddaughter was in the hospital I never missed a visit (went every weekend and stayed the weekend), was there for all her surgeries, holidays, etc. My daughter was told that in order to release my granddaughter she needed a second care giver. I think they wanted this because neither her or her husband could be trusted to take care of her with her medical conditions. So I was asked to be her second caregiver. I stayed at the hospital every day for 2 months learning how to care for her at home. My daughter left one day and was supposed to be back the next and didn't return until 4 days later. They came to the room and told me they had no choice but to call CPS...again. Everyone kept saying don't worry they will place her with you. They finally released my granddaughter but my daughter had to move to my home to have her released which she did not like at all. Since she took better care of her daughter when her husband wasn't around the hospital and social workers talked to me about not letting him in the house. They also said that if I cooperated with CPS if anything happened they would place my granddaughter with me and not take her away. They said if I didn't then my hands would be dirty and it wouldn't look good for me to get her. My granddaughter was released and in the mean time I was the one signing all the paper work for oxygen and equipment, various people calling like Birth2Three, etc would call and set up appointments with me and not my daughter. My daughter is also an unmedicated bipolar (unmedicated because her husband says she doesn't need to be medicated but without it she can become violent). The house we live in belongs to my daughters fathers mother so that is a sticky situation as well since me and her father are no longer together. My daughters grandmother and dad let her husband pitch a tent and stay and of course my daughter was with him and not taking care of her daughter which we had nurses for my granddaughter and they were documenting her not being there. My daughter had some pain that needed medical attention (turned out to be bleeding on her adrenal gland) She was admitted to the hospital for 4 days. I was taking care of my granddaughter by myself except for the one nurse we had left that came twice a week. My granddaughters trach came out and we could not get it back in so she had to go back to the hospital that week as well. This happened with the one nurse that was with her while I took my daughter to the ER. When I returned home with my granddaughter from the hospital by medical transport my daughter was not at the house. She returned the next day. The hospital wanted to know why if she had been released wasn't she there with her daughter. I said I didn't know the answer to that. When we got home my daughter started fights with me about her husband and involved her dad in them as well. I was out numbered and had to let her husband in the house. In the mean time she had the new baby. When she returned home with the new baby CPS came with a police officer. She took pictures of my home and said if there was anything wrong with it that needed fixed she would let me know before she left and give me written notice and so many days to fix the problem. She left without giving any notices. Several days later another CPS lady came. The hospital had called on my daughter and her husband when they were there after she had the new baby saying they weren't taking care of her. My daughter said that her husband was going to be taking her to his mothers house for a few days which I had no knowledge of. The CPS lady called her supervisor and a protective order was put in place. I had to sign papers saying that I was the safety person and if they tried to remove the girls I had to call CPS. Her husband left without the new baby. A couple of days later two more people from CPS came. This time my daughter was told it was a protective order of 90 days and that her and her husband had to do certain things. Drug testing being one of them since when my daughter was released for the bleeding gland they gave her a prescription she couldn't produce to CPS and they assumed that her and her husband sold the pills. Also one of the reasons they were kicked out of Ronald McDonald was for drugs I later found out. Once again I had to sign papers as the safety person for the protective order. Once again a couple of days later two more were back to talk to my daughter, like they were counselors. The one kept grilling her about the medication as to what happened to it. My older daughter was there at the time as well and my daughter said that my older daughter took some of them! Well needless to say my older daughter got upset. Then my daughter with the kids said that we were taking and making meth in the house! The CPS people left and then came back with two cars of police and I don't know how many people from CPS. They told me that in effect they could search the house the easy way of the hard way and it would be better for me to do it the easy way. I have nothing to hide or so I thought. The didn't find meth or anything pertaining to meth but several months prior my older daughters boyfriends uncle passed away. He used to smoke weed a lot...he had cancer. Well when he died my older daughters boyfriend took his pipe. It ended up in an old jewelry box on my daughters shelf after the wake since they came back to the house and spent the night. She didn't remember it was even there. Her boyfriend got a ticket for it and had to go to court and pay a fine that was it. During the search the cops and the CPS people kept saying if meth was being used or made there the house would have to be tested and then cleaned or tore down. The house has not been tested as of this date. I assume since they found no evidence of meth. But since the accusation was made they took my granddaughters. The older one is back in the hospital and the younger is in foster care. In the mean time my daughters grandmother filed eviction papers on me using the meth accusation as the reason even though nothing was found. My daughters aunt had said way back in the beginning when CPS was first called that she was going to take my older granddaughter. I figure that is why the eviction...to make me look bad to CPS. From what I understand she filled out the foster papers to have the background check done. I was planning to move before the eviction and have also filled out the papers for the background check. I have been the one taking care of them since they all came home. When my older granddaughter was in the hospital I decorated her room for every holiday and 95% of everything she has I have bought...swings, mamaroo, highchairs, crib, etc. I know her likes and dislikes, taught her to feed herself and drink out of a cup, I know her favorite songs and TV show. I know when she isn't feeling good just by looking at her. I know her favorite games and I know how to care for her medically. My daughters Aunt has only been to the hospital a couple of time the whole 500 days she was in there and knows nothing about her. She is a paramedic though so they may look at that. However the man she is married to has had so many DUI's he had to have one of things you breath into to turn your car on. Will they give my grandkids to her? My daughter said I wasn't getting them she said it was because I let a meth user around them. But they never found anything in my home and he thought it might help if he got a drug test so he did and he passed it with no drugs at all in his system. How do I know what someone does or doesn't do and he has never showed signs of using meth to me. Am I supposed to drug test and background test everyone coming into my home? And how am I supposed to know whats going on in my home when I am gone for 2 months. They said that to me as well...well it could have been going on when you were at the hospital with your granddaughter. If that was the case how come not one person coming into my home didn't smell anything? From what I understand making meth smells horrible and my house had to be approved before had by the equipment people. You would think that some one including the first CPS person would have smelled the chemicals from it being made right? How do I fight for my grandkids? I don't know what to do or who to call. I live in West Virginia by the way. Please help! I also don't have money for an attorney so I am in this fight alone. I love my grandkids and don't want to loose them. Especially the older one. She is such a love bug considering everything that has gone with her medically and I miss them both so very much. If anyone can give me some advice please do so...I really need it. I hope I didn't leave anything out...if so I am sorry. Although again I am sorry for this being long. Thank you.

[coldsmoke]

I forgot to say also that the town the CPS is in is small so that means the court people and the CPS people all know each other and I am sure are friends with one another for a long time...also all the lawyers are in this same town and friends with everyone else. Also my daughter said too that her husbands mother would be getting my younger granddaughter which I find impossible since she never wanted anything to do with my older granddaughter due to her medical problems. She said she never came to see her because 'she didn't want to get attached for when she (my granddaughter) died'. It is her granddaughter too. My daughter said it was because she works so much. I said oh really she works 365 days a year 7 days a week 24 hours a day?? My daughters husbands side of the family have never bought anything for her and when the new baby was born I was the one buying the diapers and wipes and things for the week or so she was home before CPS took them. Also a side note about my daughters Aunt...she was never there for anything either...1st birthday spent in the hospital...1st Christmas spent in the hospital....Easter...etc. I bought my granddaughter a Halloween costume to wear for Halloween for her 1st Halloween spent in the hospital. I bought her a jumperoo so she could work out her little legs and get them stronger in the hospital and the last thing I had bought for her came two days after CPS took her and I couldn't wait to see her face when she was put in it and it moved....a walker. Anyhow the Aunt was never there for anything either. How can CPS give them my grandkids?? One only wants anything to to do with the younger one because she is healthy and the other I am not sure why she wants her....maybe for my granddaughters SSI check? I don't know...If there are reasons for them not to give them to me shouldn't they notify me of the reasons? Shouldn't they give me some sort of paper work or go to court or something to say I am not fit to have them and why? Also can CPS help the police search someones house?? Thank you again

[rakhel]

First off.I am sure you love your grandchildren dearly. Only one who, willingly, left her home to spend months in the hospital to learn how to care for a medically fragile child can be nothing but in love with that child. And I am truly sorry that you have to go through this.

Now to the main problem of what you have said. Fighting CPS is an uphill battle, but you are not looking up a hill. You are looking up a cliff. You have somethings that are working against you and a few for you.
You signed a safety plan and had a TPO(temporary pertection order) and you followed neither. I know you said you tried but when you said that you were told to call the police if your son in law entered the house and you didn't. That will work against you. That and the meth accusation are going to be big, correction BIG problems with you gaining custody. Let's not even talk about the fact that CPS can use that against you to keep you from visiting your grandchildren.
Just so you know, hearsay is admissable in family court.
CPS and most likely the court will or may consider you and enabler and a danger to the children's welfare. YOu allowed someone that CPS thought was a serious danger(your son in law) around the children as well as a mentally unstable perons(your daughter)

Now some things you have going for you. Your time spent in the hospital learning from the doctors and nurses. Try to get a notarized letter from them detailing what you know and learned about her condition.
Your grandchildren's primary doctor. Try getting a norarized statement from him, or his clinic, detailing you doctor's visits(how many, how often, when and why).
The home health aid/nurse(s). They have been in your home 2-3 times a week. They know what has been going on with you, your daughter, her husband and their children. They are fully aware of what has, and has not, been going on your home. Probably the most valuable piece of information you can get your hands on.
You also need to contact the central regisrty of your state and see if you have been added to it. CPS is sly like that.

If you are not being charged with endangerment in family or civil court, I am not too sure how you can get a lawyer without paying for one. If you are being charged, then tell the judge you can't afford a lawyer and are requesting one.These you have to be on top of.

I wish you the best of luck.

[coldsmoke]

Hi, Thanks for the answer back. My daughter was supposed to be at my house with my granddaughters. I was a second caregiver for her because they didn't think that she was capable by herself. The actual protection order was issued after the second CPS person was at the house because the hospital called on my daughter and son-in-law when she was having the new baby...saying they didn't take care of her in the hospital and weren't bonding with her. My daughter told the CPS person that he was taking the new baby the next day with him to his families house 'so they could spend time with her'. The CPS person called her supervisor and then the protection order was first issued for 7 days saying that they couldn't take either child out of my house and if they did I would have to call the police and or CPS. There was nothing in writing about him not being allowed in the home which I guess was my first mistake because now I can't prove it was ever said to me. He left and never came back before the girls were taken anyhow. I have never had any experience with CPS or Social Workers before this so it never dawned on me that I would need it in writing. Also doesn't it matter that they found no evidence of meth or meth making in the home? They said that if they found anything the house would have to be tested. It has been over a month since they took the girls and the house has not been tested for anything. Doesn't that make the case that since they didn't come back to test the house they found nothing so isn't it then just what it is...a false accusation? Also I am curious if CPS can actively participate in the search with the police or not. I have tried finding information on that and can not. What is a Central Registry and how do I locate that information? Also if they turn me down as far as taking care of the girls do they have to give paperwork saying why or even take it to court to 'officially' or 'legally' say I am not fit? I have tried finding any organization in this state (West Virginia) to call and get answers from or even help in this matter and sadly there seem to be none that I have been able to find. If anyone knows of any PLEASE let me know. Thank you

[coldsmoke]

Just found out that a nurse from the hospital where they took my older granddaughter since she has so many medical problems has her! Can CPS do that without notifying me since I filled out a background check paper to try and get my granddaughters?? Also how do I go about getting the nurses reports from the hospital and what do I do if they won't give them to me since I am not her mother or guardian? Aren't they considered confidential or something??

[coldsmoke]

I guess I am truly and without doubt on my own.....

[LindaJM]

Doesn't that make the case that since they didn't come back to test the house they found nothing so isn't it then just what it is...a false accusation? Also I am curious if CPS can actively participate in the search with the police or not.

This is an accusation that your daughter made; not one that came from a CPS worker. CPS and the police had a responsibility to investigate. Yes, CPS workers often work with the police, since both agencies have an interest in the situation.

To learn more about CPS rules, read through the Social Services regulations for your state. You may find a link here.

What is a Central Registry and how do I locate that information?

The Central Registry is a blacklist that child abusers and those accused of child abuse/neglect are put on. Learn more about the Central Registry (also called Central Index) for your state here.

Also if they turn me down as far as taking care of the girls do they have to give paperwork saying why or even take it to court to 'officially' or 'legally' say I am not fit?

In a lot of places they give no such notices. They are notoriously callous to families in that way, and in many other ways.

If you can't afford an attorney, you could try getting someone from a nearby law school to help you. Or look on this page for pro-bono links near the top of the page.

Whatever else you do, read the state social service regulations. You could file for an administrative hearing if you believe the regulations aren't being followed, and there you could present the evidence that Rakhel suggested you compile.

You could also contact your state legislators and county commissioners and try to get them on your side. They may have other avenues of helping. If you write to them, keep it brief (shorter than what you wrote here in your original post) because busy people don't want to read long explanations.

I hope this helps.