Language Change from Imminent to Impending Danger

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*Lady Liberty
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Language Change from Imminent to Impending Danger

Postby *Lady Liberty » Wed Jul 29, 2015 2:59 pm

So, there is case law, I don't know if its been superseded by now, that states that less imminent danger CPS cannot use the Ex Parte Motion to take a child. They must File, and give you Notice.

Imminent Danger is more measurable. I see that CPS had adapted their language to include "Impending Danger," which seems to do nothing but once again open up the ambiguity factor so that they can use their own biased judgment case by case.

Any suggestion to challenge this legally?

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family_man
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Re: Language Change from Imminent to Impending Danger

Postby family_man » Wed Jul 29, 2015 3:26 pm

In which state was this language changed?
Disclaimer: I am not an attorney, and this is not legal advice.

*Lady Liberty
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Re: Language Change from Imminent to Impending Danger

Postby *Lady Liberty » Wed Jul 29, 2015 4:15 pm

My case is in NM, but I see that there are several states using this language now.

Impending, it is not visual or immediate but is suspected if the child remains/returns to the home.

WI says this: "Unlike present danger where a child may be immediately hurt, impending danger threats may not exist at a particular moment or be an immediate concern. Impending danger threats are insidious but are not immediate, obvious, or active at the onset of CPS intervention."

NM: Present danger: immediate, significant and clearly observable severe harm or threat of severe harm is occurring to a child in the present requiring immediate protective services response. Impending danger
Indicate the presence or absence of each of the 16 possible safety threats, using all the information collected and known about the family at the point of this assessment. Safety threats are assessed based upon any caregiver and any child in the home. A safety assessment is completed for the family home. For each safety threat identified, the worker documents the specific caretaker and child involved.

Impending danger: a child is living in a state of danger or a position of continual danger due to a family circumstance. Danger may not exist at a particular moment or be an immediate concern (as in present danger), but a state of danger exists. Impending danger to child safety, or this state of danger, is not always obvious or occurring at the onset of protective services intervention or in a present context. However impending danger can be identified and understood upon more fully evaluating individual and family conditions and functioning.

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Re: Language Change from Imminent to Impending Danger

Postby LindaJM » Thu Jul 30, 2015 4:35 pm

CPS has always used "risk factors" to decide which children to take and many if not all states have actual checklists that caseworkers have to fill out to assess risk.

My own child was taken in 1989 because she "might possibly" be injured in the future, not because anything had happened to her. So this has been going on a long time.

There's a lot of information on this page of the ACF website: Safety and Risk Assessment.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

*Lady Liberty
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Re: Language Change from Imminent to Impending Danger

Postby *Lady Liberty » Fri Jul 31, 2015 2:19 pm

I've posted the "guideline" for NM for the safety assessment, but I have never come across an actual check list.

My issue is, like many of the language in statutes that "guide" CPS is overly broad. It leaves open complete and total biased opinion on what is abuse/neglect.

In 2005 when I first had my children taken (for general neglect) the language at the time, at least in NM was only imminent danger, which did not secure your children would not be taken, but did provide at least a foundation for defense. It has since then included impending danger. Which is really undefinable, just as "general neglect." And becomes a catch all, making it much harder to defend, since you really don't know what it is that you are being accused of.

Case law, states that less an imminent danger to the child, the State does NOT have authority to abuse the Court's power by filing Ex Parte. They must give you Notice. It seems that CPS has gotten smarter at how to get around challenges to their illegal practices, by including broad language like "impending danger."

For example, the Investigator sent the State Police to my work, (one to intimidate me, but also to get around my legal protections at home).

I am challenging that the Investigators are not qualified to "assess" the child, or parent, and their interrogation practices.

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Re: Language Change from Imminent to Impending Danger

Postby family_man » Fri Jul 31, 2015 3:09 pm

CPS is not supposed to be able to change the law (either case law or statutory). CPS is supposed to only follow it.

CPS by itself cannot change its regulation from "imminent" to "impending" without a new law or some precedent-setting ruling from a superior court, which itself could be challenged by a higher court.

Of course, your first priority should be reuniting your family, any way you can. Once that is completed, then you can set out to changes CPS practices for the good of other families. However, if you're like me, you'll simply choose to get on with your life.
Disclaimer: I am not an attorney, and this is not legal advice.

*Lady Liberty
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Re: Language Change from Imminent to Impending Danger

Postby *Lady Liberty » Fri Jul 31, 2015 3:41 pm

I'm sorry you misunderstood. CPS does not create law, but they creatively get around it. I did suggest that there may have been a ruling since that has superseded the need to prove imminent danger, in my original post. These questions are asked in order to create a defense so that one may reunite their family.

Aren't you a moderator? I find your comment extremely discouraging. Knowingly, parents come here in a cloud of desperation, seeking some clarity to garnish whatever fight they can, obviously to reunite their families. FIGHT CPS, the name of the site, represents what every one here is seeking. Not, Simply Get On With Your Life. com

Since I was a member in 2005, when my children were originally kidnapped by CPS, there is a tremendous voice out in the mainstream spotlighting the abuse and corruption that CPS conducts under. That would not have happened if people, simply got on with their lives.

Every bit of fight helps. I see a lot of people come here, but not a lot of people are active. I can see that it would be exhausting to be a moderator and day in and day out hear the cries of the same horrifying stories, especially if you yourself have been through it. It is traumatizing. We must encourage one another to keep the good fight. You are still here, which tells me that you have not simply gotten on with your life.

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Re: Language Change from Imminent to Impending Danger

Postby family_man » Fri Jul 31, 2015 6:43 pm

When my case was finally closed with my family reunited, I was so exhausted financially, mentally and emotionally, that I did not file a counter suit against CPS. This was despite the fact that my attorney thought I had a case against them. That's all I'm saying. Maybe another family like the Gates family had the staying power to continue the legal battle even after they got their kids back. I didn't. But I did find another way to share my experience with other families caught in the CPS web.
Disclaimer: I am not an attorney, and this is not legal advice.

*Lady Liberty
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Re: Language Change from Imminent to Impending Danger

Postby *Lady Liberty » Sat Aug 01, 2015 1:33 am

We all continue to fight in different ways. It took me two years to get my children back. They put me through hell. I should correct myself, I only obtained two of my children. My eldest son was given to his father, who to this day has dumped his responsibility off to his parents. I haven't had any contact with him since.

When I was able to get my girls back it was a nightmare. They were children I didn't know. They were filled with lies and deceit and beliefs that I didn't share. My children were afraid that CPS would come again, and they were angry. They have never trusted me again, and those seeds that I was a bad parent were always there in their minds. My oldest is 18 and still has fears. It will always affect us. I myself stopped coming to the Board. I was struggling everyday with trying to piece our lives back together. My daughters would regularly rage and have anxiety. But we had to keep moving. And we all wanted to push CPS as far away out of our minds and lives as possible. So, I understand being absolutely depleted of any and all energy and resources. I thought many times of filing in Federal Court as well. Back in 2005 it was almost unheard of, getting past their immunity (both legally and societal). But there has been a lot of headway now.

I had no idea truly how traumatized we were until I went through it all over again. Knowing what I know, I absolutely refuse to go through it the same. My son is younger than my children were the first time and I will not put him through it. I left the State with my son (a MONTH prior to them filing). We have only made it to the custody hearing. Of course I lost. My son and my 16 year old daughter are legal custody of the state. I lost the Appeal as well. Their basis for taking my son, who is four? That he eats too much fruit. I just requested that my attorney withdraw herself from my case and I am in the process of writing and filing Motions to provide some sense of a defense from these Tyrants. The Adjudicatory Hearing is coming up around the corner, so as you see, this is not for a Federal suit against them. We are in the enthralls now, once again.

I am fighting for my son who is untouched by them. I am fighting for the son I never was able to raise. I am fighting for my freedom, literally. If I loose, I loose my life as I knew it. I have no intention of relinquishing my son. In order to defy them and to keep him, I have one of two options: I prevail in court, or I cease to exists as the person and life I had (go into hiding). Otherwise as we all know, I relinquish him, fight the mountain of powers that be, as they never cease to continue to stack more against you; I put my son through the trauma of being separated from me, and risk his safety in the hands of someone else in an environment that is unknown and largely unchecked; and ultimately risk them terminating my parental rights. Those are all risks that I am not willing to take.

That is why I am back. A refresher course. And for support.

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good dad
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Re: Language Change from Imminent to Impending Danger

Postby good dad » Tue Aug 04, 2015 1:40 am

In my pm when I said "I hope all is well with you and yours"....... I see it's not, I'm sorry to hear that..


A few questions, respond here or in a pm...

Why was the 16 yr old named in the complaint?
Was eating to much fruit the sole reason for your 4 yr olds impending danger?
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