Very complicated case but have a few questions that I think

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deesand
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Location: Rocklin, CA Placer County

Very complicated case but have a few questions that I think

Postby deesand » Sun Jul 03, 2005 6:55 am

:o :cry: many of you might have answers to. We had our son removed almost 3 months ago and have gone to court about 4 times with little or no progress....... I miss him so but here are my questions......

1. Must you start there Unified Family Plan before a judge even rules on the case? We went to the team meeting and agreed to do so but now they keep adding or changing things around making it look like we don't want to work with them to the judge? I even hired a Family Counselor had 10 sessions and my case worker said she was ok'd by CPS, but in court sat there and said she told me that was not so and we had to see their counselor, so there went not only a waste of good therpy but lose of time with our son cause court was extened for two more weeks. SO my main question is DO you have to start that plan before the judge signs it. Cause everytime we do something on it they find fault in it?

2. Does the Judge have to read all the Discoverys? IF so How can we summit our own? Does he have to make findings on them? You know I have a laywer but I seem to be getting no where but $10,000. less money in our family nest account

3. What happen with our case was my husband was on Felony probation so low and be hold I had no clue they could just come in my house at any time and search. Well, they did just that and found paraphernalia and accussed me of being high, and asked where all the drugs were? I said we don't keep drugs in my house with the baby 3 1/2 yr old, around they asked why I had item in my possission and told me if I told the truth that they would just site me and leave, which I did, I said my son was away for two day with his nana and my husband was also away so a girlfriend came over and we partied a little but that it made me feel sick cause of all my medications and I went to be by 11:00 the night before and right before they came in I was getting ready to leave and I was going to throw that out in the garabe, well, they got real mean even though they did clear it that the baby was not there, I know now that it is not ok and would pray to god never to make this wrong decession again, anyway they searched my house for 31/2 full on body searched me. But prior to all this I tried to explain to them that it was just in my hand when they rang the door along with my purse and other items ready to go before the door rang and my son answered it and I put my stuff on my bed to see who it was and I laid it down where my son could reach it so it they charged me with child endangerment, paraphernalia and under the influene, I must tell you I am on a lot 8 to be exact phyic meds and I tried to expain to them that why would I be so careless about that but yet keep all my meds in a lock box. No Excuses I was in the wrong but I was not under the influence at the time so I felt there was no need to take my son and arrest me but they did but at the time CPS came my son who has never been in anyones care but our or his NA-NA's he's never even had a babysitter, so I asked her begged her to call my husband and she said no because even if I do he would most likley get arrested to so what was the use? Was it his right to make that decision to come home to see? THen I asked if he could go to his Nana's and she said no he has to go into a receiving home? Now on my charges they say I had no one to take care of him at the time of my arrest. How can that be?

Another question they could not prove any findings of allegetions made on my husband so should he be able to go and get our child, I am even offering to move out of the family unit until I seek there treatment plan, but know they are being my mental illness in stating it renders me in capible of taking care of my child, I have been with my docotor for 3 years he is well aware of me having a 3 year old and he would not put me on medications that would intefer with me caring for my child. They also so I have not been med compiant and that is nothing futher from the truth, my doctor will not continue to see a patient if they miss appoints. or are non med compliant due to liabilty for him. Sorry for the long winded message that is only a quarter of it but I need those few questions answered Help please I miss my baby so much and he has changed for being so happy and carefree to being so quite and scared all becuase of me why are they punshing him, and not me, for god sake please help

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good dad
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Postby good dad » Sun Jul 03, 2005 1:25 pm

Hi welcome to the board....

1. Must you start there Unified Family Plan before a judge even rules on the case?


Read this link... http://www.deltabravo.net/custody/cpscourtorder.htm

Did you sign anything when you were in their office?

I even hired a Family Counselor had 10 sessions and my case worker said she was ok'd by CPS, but in court sat there and said she told me that was not so and we had to see their counselor,


Check with this counselor and see if she has ever done work for other CPS cases...Also ask her for her credentials..She maybe more qualified then the one CPS wants you to go to, then get verification of it..

SO my main question is DO you have to start that plan before the judge signs it. Cause everytime we do something on it they find fault in it?


If you signed it, The judge may not need to sign it...You did it on your own free will...You can file a motion to rescind all signatures

2. Does the Judge have to read all the Discoverys? IF so How can we summit our own? Does he have to make findings on them? You know I have a laywer but I seem to be getting no where but $10,000. less money in our family nest account


You can file motions as to : Objections and Corrections to the Reports of the child wefare caseworker...Here is a sample:
http://www.fightcps.com/oldsite/legaldo ... ctions.txt
Yes he has to look at them..

A lot of lawyers want the case to drag out as it keeps the money coming in and justifies their income to you..

Well, they did just that and found paraphernalia and accussed me of being high, and asked where all the drugs were?


Did they ask you to submit to drug testing?
Most states have in their statutes(laws) the amount of drugs needed to be in possession before it can soley be considered abuse/neglect...If it is pot, it is a CONSIDERABLE amount ( 25 kilos in my state) CPS will say anything and if you don't dispute it, it becomes case fact....You need to learn the laws on this point..You need to learn all the laws, don't rely on your lawyer to do his job..He already has 10,000 bucks from you, he can sit back and watch the time slide by...You need to pressure him to work for you and stand up and fight for your rights!!

Also look at this on the basic workings of a court to see how it works.
http://forum.fightcps.com/viewtopic.php ... sc&start=0

scroll down to my 9:34 a.m. post and read it....

Hope this helps...any other questions just ask :wink:
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

Anonymous

Postby Anonymous » Sun Jul 03, 2005 6:49 pm

DFS/CPS have not done a home study on my home yet and it has been a year and its just me and my husband here,and in the ex husbands home there is 10.

3 girls in ine room and 2 boys in 1 room then 2 more bouys sharing a bed in another room.

1 adult in the back room and 1 in the living room. and the ex and his wife in theirs.

CPS did a home study on my ex's house and at that time there was just their 2 boys and 1 baby on the way,but now ther is 10 people.This was brought up in court.and this past friday we found out from my kids that my 2 daughters took mace to school for protection because they have to walk to school.their step mom gave it too them.

frankiesatin
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Postby frankiesatin » Mon Jul 11, 2005 12:58 am

Well, they did just that and found paraphernalia and accussed me of being high,


At the risk of starting off with a controversial statement, I'm going to say this.

DRUGS = BAD.
CPS = HORRENDOUS.

DRUGS = NAUGHTY
SEPARATION = NAZISM.

DRUGS = POTENTIAL HARM
SYSTEM = 100% GUARANTEED HARM

There, I've said it.

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mouse50595
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Postby mouse50595 » Mon Jul 11, 2005 2:51 pm

i agree with frankie, i am sorry my attention span is short today but i did skim over what you wrote...if you do drugs, you need help...if you have paraphanilia in our house, it shouldnt be there...you can ruin your own life, but our children r the innocent ones in the messes that we get into...what would have happened if you put it down not thinking, your child got ahold of it and died of an overdose, you would have never forgiven yourself...what i do know with courts and mental health issues, never sign a release for them to know anything, they want it, they will have to get a court order then...they will use it and beat it to death when you are in court saying that you have a mental problem and therefore not able to take care of your child...i hope this helps a bit...good luck, melissa
In my daughter's eyes, I am a hero,I am strong and wise and I know no fear but the truth is plain to see, she was sent to rescue me, I see who I want to be, in my daughter's eyes.
Martina Mc Bride


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