Please help they filed a 388 hearing on me

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deesand
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Please help they filed a 388 hearing on me

Postby deesand » Sat Sep 24, 2005 2:22 pm

and my attorney says not to worry but when I look under Cal. Law it talks about adoption.
My case has been crazy. For one I was misrepresented by a laywer who pleed for me behind closed doors as I had paid him in the sum of $15K and he wanted more and I just didn't see progress so I put in a meeting to him in the mean time he we had court and he plead my case for me, when I retreived my file the admissions/submissions form was not even in there, I did not even see it until the next court date when my huband recieved his file from the public defender. I thought it was a good thing this piece of paper but when I brought it to my new attorney she said to sit down and told me that what I plead to was to have my son adoped out. MY GOD! WHY WOULD I DO THAT?
2nd we have had 3 case workers since the start of this whole thing and at one time we had no one for a month and a half. They said were have not complied we have done all services we could off the plan that we did not even sign but they will not accecpt any of it? Due to either the previous workers files being missing or stating we went to the wrong kind of place? My son is 3 and when I asked my 1st case worker she said we had a year at which point I was upset because I read something that 3 and under has to be done in 6 months. NOw the 6 months is up an I just received a court order filed by the cour not CPS for a 388 hearing. I hired a team of new attorneys w/my mothers help in hopes he would not get adopted out and it seems they don't know what they are doing either. I can not trust anyone at this point. My case is at 1:00 Monday if I file an appeal at the 9th district in the morning can this hearing be stoped? Please help my son can not go up for adoption. I was wrongly accused of 8 charges 6 dropped and 2 I was still fighting. I LOVE MY BABY and they say because he was still in pull up and had a bottle at night time that he must be emothioinal abused. But yet every single worker who watches us on our visits states how smart he is. He is just stubborn when it comes to the pullup I tired I bought every potty chair around and I thought I would wait until after the summer. TO Date they have not potty trained him either. He crys each and everytime we see him to come home. We get 2 visists a week 1 hour long. This is a baby who never even knew a babysitter before all this. We never left him anywhere. MY GOD WHAT IS GOING ON? MY SON AND I ARE HUMAN BEINGS? PLease help can someone verify what a 388 hearing is?
dee

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Frustrated
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Postby Frustrated » Sat Sep 24, 2005 2:44 pm

I don't know what 388 Hearing is but sounds bad to me.

All I know is that your first Attorney, who is useless, and tricked you into adopting him out without letting you know what you are getting into. I would SUE his Arse off!!! :x Gosh I am mad at what he did to you . I really hope you can undo all of that. but I really hope you did not sign those Papers. I heard there is a Law that you can OBJECT to an Adoption in within 1 year. don't know if that is true.

I hope the new Attornies can work very hard to get your Child back. CPS are known to LOVE selling Children, and they like em young. I would suggest you to fight for your dear Life for this Boy. There are appeals you can take if the decision went awry. I would suggest you to find the Paper that your old Attorney put up and SEE if there is a Signature on it. If you did not sign any, then you will have a good case to fight this but if you signed it, makes it harder. But you can Object to an Adoption and put a stop to it as reason for false paper work, etc....etc...corecion, pressured into it without "knowledge". I would go to the Law Bar Association and have this old Attorney's License to be torn up because he tricked you. He should be disbarred.

Other than that, I don't know how to get it reversed. Just keep Fighting to the End. I will keep you in my Prayers.
:cry:

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good dad
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Postby good dad » Sat Sep 24, 2005 5:04 pm

From what I see a 388 hearing is a motion..
I don't know how many meanings it has, but here is a couple examples..

http://www.courtinfo.ca.gov/programs/cf ... end/93.htm

http://www.ci.sf.ca.us/site/uploadedfil ... 0_388_.pdf

(f) [Conduct of hearing (§ 388)] The petitioner requesting the modification under section 388 has the burden of proof. If the request is for the removal of the child from the child's home, the petitioner must show by clear and convincing evidence that the grounds for removal in section 361(c) exist. If the request is for removal to a more restrictive level of placement. The petitioner must show by clear and convincing evidence that the change is necessary to protect the physical or emotional well-being of the child. All other requests require a preponderance of the evidence to show that the child's welfare requires such a modification.

The hearing must be conducted as a disposition hearing under rules 1455 and 1456 if: (1) the request is for removal from the home of the parent or guardian or to a more restrictive level of placement or (2) there is a due process right to confront and cross-examine witnesses. Otherwise, proof may be by declaration and other documentary evidence, or by testimony, or both, at the discretion of the court.



The reason for this hearing is because cps wanted to adopt out your child, your lawyer may have asked for this also,so the petitioner must show by clear and convincing evidence that the change is necessary to protect the physical or emotional well-being of the child.

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Frustrated
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Postby Frustrated » Sat Sep 24, 2005 5:28 pm

If you look up (2) which you have the due process and the right to question your old attorney on the stand and he has to say what he had done papers but has to say it is with your permission and a signature. I think due process is a good thing so that way all of your Attornies can confront this old Attorney for falsifying papers. If such evidence is entered in court and finds the Lawyer to be criminal and he will be disbarred. If he choose to perjury himself on the stand, he has to prove that you were willingly sign your son over. They will look at all evidences entered in Court. I am sure CPS will be stacking up Lies and Cases to prove you were unfit, but you have to prove you were coecered (forced) into this.

That is why it is so important to remember what you have signed Papers with and what these are for. If no signatures then good for you. That is what the Court Hearing is for is to prove if you have any Papers signed or not. Modification could mean many things, it also means change of situation in your Child...but could mean something else like Adoption. It is a tricky situation.

Just remain calm and collected and prove the Judge that you were simply forced into this by your crooked Lawyer.

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Dazeemay
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Postby Dazeemay » Sat Sep 24, 2005 6:15 pm

I believe, if I understand it correctly, sedwards would be the one to know pm her, you have to have a declaration of facts in their hands Monday. If you don't have time to file it hand it to them in court. Everyone judge, your lawyer, their lawyer, gal whomever and show that you have never intended on doing this and that your lawyer lied to you etc.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

deesand
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Joined: Sun Jul 03, 2005 5:47 am
Location: Rocklin, CA Placer County

Thanks for all your help but I am still not sure what

Postby deesand » Sun Sep 25, 2005 2:30 am

to do Dazeemay I don't know what you mean? sedwards? What is a declararations of facts? I need to know so I can put it together tomorrow. I do not want to go w/nothing. It's as if my attorneys do not know what it is either and they do family law? I don't know what I will do if I lose my son, I think I will just lose it in court, my new attorney says I do not have a voice right now because I have not done there case plan but I have? Well I do have a Voice and so does my son and it needs to be heard. He crys each and every visit to come home. He is only 3 I pray day in and day out. They say your life can not get any worse but daily mine does. I don't know why this is happening I am very confussed? Plus not being able to sleep eat or breath not helping. I have never even left my baby for more then a night and that was only so his nana and papa could have a special night w/him. I am lost. Any other suggestions? Thanks
dee

Gary Shaw
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Affidavit (Declaration of Facts)

Postby Gary Shaw » Sun Sep 25, 2005 2:57 am

Dee,

A "Declaration of Facts" is an Affidavit. An Affidavit is simply a written statement made under oath. It is your best vehicle to get your side of the arguement in front of the Judge.

On this site click on Forum Index.

Scroll down and click on Legal Self Help.

Scroll down and click on Legal Documents.

4th Item down is Affadavit Forms, General and Notorized.

I would definitely have it notorized to authenticate your signature.

State ALL of the facts as you know them.

God Bless You and good luck.

Gary

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Dazeemay
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Postby Dazeemay » Sun Sep 25, 2005 7:08 am

Sedwards is the person who helps with the declaration of facts. Here is the sample. She helps everyone she can to do this. This is the chance you have to state your side of the events. Now in doing this you will be at an advantage because they will not have time before court to change anything. What you stated will be on the court records. The judge is suppose to read this and he is required by law to read it. But, some judges are as bad as the lawyers and the cps workers. So it all depends on your judge. Our daughter wrote a 17 page one.

In it you come against every lie they told about you and you tell when you took your classes. I do hope this helps you. I know time is short.

SAMPLE DECLARATION / AFFIDAVIT

Double-space everything from the first number, down to the end, and indent paragraphs by ten spaces.






Name:

Address:

Phone:

Email:









Declaration of Facts






I, ______________________________, state:
(Your Name)




1. I am the mother/father of three children: (Names of kids.)




2. This declaration is being written (state reason for writing the declaration of facts - for example, "in support of a motion to return children to mother" or "in support of a national class action lawsuit" or "to let the public know about the injustice done to us in (name of county) Superior Court".




3. This is in reference to (Case Name, Case Number, Date Filed and the name of the court.)




4. (Just state facts one at a time... I'll give some examples.) On June 2, 2002 I let my children go to school as usual and while they were there a CPS employee interviewed them without letting me know first.




5. My children were detained by the CPS employee and I was not notified by the school so by 4:30 when they didn't come home from school I was worried about them and called the school to find out if they knew anything.




6. When I called the school nobody wanted to talk to me and they handed the phone to three different people and put me on hold for fifteen minutes.




7. When the principal got on the line he told me that CPS took my three kids because my son, Johnny, had a bruise on his arm and said I did it.




8. The bruise happened because he climbed the apple tree and then got scared and couldn't get down. I climbed up there and grabbed him and had to lower him down by his arm and that's how he got bruised.




9. By the time I got off the phone with the principal of the school, it was only a few minutes before five PM so I called CPS but only got a recording and nobody would answer. It was Friday and I couldn't get through to them all weekend and even went to the office twice but it was closed. That was why I didn't check on them for two days - not because I didn't care which is what the worker, Judy Jones, made it sound like in court on Wednesday.




10. I haven't seen my children in three weeks because they say I'm a danger to them. This is not true. In fact most of what they say about me is not true which is why I'm contesting the charges and asking for a full trial to make them try to prove their untrue statements.




11. The CPS employees I talk to on the phone are extremely rude to me. They are Judy Jones and her supervisor, Mr. Smith. Judy Jones said very sarcastically: "You should never have had kids if you were going to hurt them. People like you make me sick." This woman, Judy Jones, won't believe this happened in the apple tree.




12. I am requesting a court order for the return of my children immediately.




[NOTE: This last part should state the exact words used, just change the date and place to match your circumstance.]




Executed June 28, 2002 at Yreka, California.




I declare under penalty of perjury that the foregoing is true and correct.




_________________________________
(Your Name)
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

deesand
Posts: 23
Joined: Sun Jul 03, 2005 5:47 am
Location: Rocklin, CA Placer County

Thank you so much

Postby deesand » Sun Sep 25, 2005 8:59 am

I am going to get started on this right now. I was cleaning the house because family is coming in from out of town to be with me tonight for tomorrow's case. I don't know if I will be able to carry myselft through. But all house keep will have to cease this is much more important. I appreciate everyone's input and please continue if you have anymore. Please keep my son and I in your prayers tonight and tomorrow at 1:OO pacific standard time. He does not deserve this he was once a carefree happy little boy who is now scared, quite, reserved, and very depressed. He just needs to come home so I can give him love and although he will never again be that same happy carefree baby I will make sure he feels a sense of security once again. GOD BLESS!

sedwards
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Postby sedwards » Sun Sep 25, 2005 7:13 pm

hi this is sedwards and yes you do need the dec of facts . most definately you will also want to do the objestions and corrections form and a motion to reconder . There may be more . If you want to do this forms let me know and i will help you in anyway i can . if you have yahoo messanger instant message me my name is whosyurmamma under yahoo .. i will help you thru these papers Its alot to file but it is very important in proving your side of the story . And thank you dazeemay . sorry been busy helping others :) when i am needed if you dont see me send me a pm ...

sedwards
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Postby sedwards » Sun Sep 25, 2005 7:14 pm

hi this is sedwards and yes you do need the dec of facts . most definately you will also want to do the objestions and corrections form and a motion to reconder . There may be more . If you want to do this forms let me know and i will help you in anyway i can . if you have yahoo messanger instant message me my name is whosyurmamma under yahoo .. i will help you thru these papers Its alot to file but it is very important in proving your side of the story . And thank you dazeemay . sorry been busy helping others :) when i am needed if you dont see me send me a pm ...

sedwards
Posts: 389
Joined: Fri Jun 17, 2005 7:07 pm
Contact:

Postby sedwards » Sun Sep 25, 2005 7:15 pm

hi this is sedwards and yes you do need the dec of facts . most definately you will also want to do the objections and corrections form and a motion to reconsider . There may be more . If you want to do this forms let me know and i will help you in anyway i can . if you have yahoo messanger instant message me my name is whosyurmamma under yahoo .. i will help you thru these papers Its alot to file but it is very important in proving your side of the story . And thank you dazeemay . sorry been busy helping others :) when i am needed if you dont see me send me a pm ...


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