Criminal history??

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WorriedGrandma
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Criminal history??

Postby WorriedGrandma » Thu Oct 06, 2005 8:28 am

CPS is considering us for family placement, while the parents are working on their..... services. We are the grandparents.

I did not know when I told them we have no criminal history that some things that happened with my husband 4 and 5 years ago constitute a criminal history. I thought since they were misdemeaners that it would be no problem.

In 2000, he got a DUI. In Dec. 2001, he got a physical control and a gun possession conviction. The first DUI was on him... the second though had extenuating circumstances, which were beyond his control, which we have a Federal and State lawsuit pending over. Our attorney representing us for that is eager to explain to CPS what happened, why and give us references on our caliber. She has been working with us for 3 years.

At any rate... he does not drink alchohol now.. had not had any for over 10 years previous to 2000 and 2001 and has not had any since 2001.

He works everyday... has had this job about 6 years and had always worked before. No drugs, no alcohol...and only he smokes. I don't. Neither of us have any CPS history.

My 12 year old is in private school... my 14 year old homeschools, though she had been in private school before... and both she and my 12 year old son had homeschooled prior to attending private school.

We are very mellow people, attend church and have good references as from Pastor and friends, coworkers, his boss, ect.

How will CPS view us as candidates for placement? Will they take his past criminal history and say, we are unsuitable?

I need to know as much as I can about how to deal with the CPS sw about this.

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Dazeemay
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Postby Dazeemay » Thu Oct 06, 2005 9:53 am

It is best for you to keep posting under the same thread so that others do not have to keep going back and forth to find out the different parts of your dealings with cps. This way if we need to we can go back in the thread to reread.

As far as criminial history it depends on your sw (and from what you posted about her I am not sure your chances are good.) They will look for anything to keep a child from relatives so that they can adopt them out.

You need to protect your other two children, 12 and 14 yr old, with a guardianship. Your oldest sons would be your best bet. If you are not connected with the Homeschool League then for sure you better do this to be on the safe side.

http://forum.fightcps.com/viewtopic.php?t=1103 This is where you will find info on this.
**********************************
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

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Frustrated
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Postby Frustrated » Thu Oct 06, 2005 10:12 am

Four things that stands out and CPS are against these:

1. DUI- most likely will make your Husband take UA tests monthly to make sure he does not do drugs or alcohol because of this DUI.

2. Physical Control- I don't know if it entails to Physcial Abuse that is related to the Gun Possession. Again CPS is against anything "Physical" in the word of sense.

3. Gun Possessions- CPS are against Guns in the House especially if there are two years old child and a younger child. Could make your Husband get rid of them all....

4. Homeschool- Lordy lordy, the best term that CPS are against as they believe in School (indocinatrion unit) as your 14 yrs old is taking homeschool, CPS will be looking at your Child also. So you better protect them with the proof of IEP (Education Proof that you taught them with Tests that prove their Levels of Grade).

CPS will look in everything and wants a clean record on both Parents. CPS could make you take Parenting Class because of this DUI or could be Anger Management Course because of the Alcohol. Even though if he is not using, CPS could make him take Tests to prove otherwise. I would not worry about DUI's as People would make mistakes once in their Life times...and can change just like you are in. But the Guns and Homeschool are the ones standing out and the chances are not good.

If you say you will Home school the 2 yrs old and the younger child, CPS is not going to like that. So don't say anything about Home school for a while. As it will be three Years before you get to it. There are Laws across these Boards about Homeschool and you are allowed to choose whatever Education for the Children as long it backs up Proof like IEP Paper work. It is just CPS don't like Homeschool, Period. Don't know why...it is all about Fundings to the Government, all part about Fundings. If Kids goes to School, they get the Fundings, if they stay home there aren't any Fundings going....they wanna to keep the Flow going, I guess.

I don't see nothing wrong with Home school as it has been around for Centuries, even in the 18th Century, it really happened. CPS just wanna have their Control and their own Say. Period. I guess the only way you get the Kids if you would put them in School (don't have to) and get rid of Guns. CPS are crazy with Rules of their own. :roll:

Your Husband is not going to like it one bit and the CPS will get involved for as long it takes.

WorriedGrandma
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Postby WorriedGrandma » Thu Oct 06, 2005 11:02 am

ok.. except for this one issue concerning criminal history and family placement, I'll repost updates within the original thread.

Physical control while intoxicated... was the charge. He was not intoxicated though. He was not able to stand because of severe injuries and could not see because his eyes were swollen shut. Its wrong to immediately assume a person is guilty as charged or as convicted. There was no BAC.. only the testimony of the one... very small town cop... the ONLY cop for that town, who has since been fired and has warrants out for HIS arrest.... Real nice guy there.

Gun possession charge... was simply that we owned ONLY the ONE pistol and he loaded it for protection AFTER have just been severely assaulted only minutes before the cop pulled up behind him.

The extenuating circumstances are that ... he is black... and was beaten up by 4 racist men which was set up by an Aryan Nation member. Yes... this kind of thing still really happens in America. He was covered in blood... and the officer believed HE had done harm to someone else...not that harm had been done to him and medical assistance was not called to the scene, nor... even though there were confessions and bragging about the assault, were any of the men responsible ever arrested. Thats why is a FEDERAL and state lawsuit. His convictions are under appeal....

Our attorney representing us on that lawsuit against the state...actually... is eager to explain to CPS the circumstances and events in that matter.

Besides that one incident...we both are squeaky clean and we own not ONE firearm.

WorriedGrandma
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Postby WorriedGrandma » Thu Oct 06, 2005 11:06 am

Oh yes.. my husband complied with all court ordered fines, treatment ect... in a timely manner. We have, in fact... detectives from that county who will gladly give us references and know that what happened to my husband was horrible and justice was NOT served.

Shall we be punished all over again by being denied placement of our grandchildren with us because of that?

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Dazeemay
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Postby Dazeemay » Thu Oct 06, 2005 11:40 am

Shall we be punished all over again by being denied placement of our grandchildren with us because of that?


CPS has a mind of their own. They only have rules and break their own rules.

They will use anything and everything against you.

The one that has to be convinced by you is the judge and pray you get a fair judge. Many of them are colluders too.

You need to get their manual and point out to them that your grandchildren our to be placed with you right now according to their rules. Talk to a supervisor especially the head supervisor. Quote that manual rule to them.

In a nice way though!!
**********************************
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

WorriedGrandma
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Joined: Mon Oct 03, 2005 6:38 pm

Postby WorriedGrandma » Sun Oct 09, 2005 11:41 am

I am being told by an attorney we will see this Monday afternoon and one on a legal message board that if you have a criminal history... and in my husband's case its minor.. 2 misdemeaners... that regardless that negates you for placement of the children.

Now...how can that be? There have to be millions of parents with criminal histories. Are they to be disallowed parenting?

What about parents who have had their children taken? While they are doing services, aren't their own criminal histories at issue?

What about foster and adoptive parents who get our children yet have criminal backgrounds that any thinking person would never allow a child around?

What about all the incidents in the papers and on the news of fosterers and adopters who torture, rape, neglect/starve children in their care?

The state is a horrible parent... yet it will deny us to have our grandbabies in our care, because of two misdemeaner convictions...

Can't we sue for custody with a private attorney?

Can't we appeal any decision that is made?

What can we do on our own... to get those children away from state care?

I will fight them till I can't fight anymore...

By the way.. Elijah, my dear, loved grandson will be two years old this coming Tuesday.

sedwards
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Postby sedwards » Sun Oct 09, 2005 1:42 pm

That is a crock . the cant keep your children cause you have a record. Even if it is felony. Unless there is serious abuse to the children . And you are charged with abuse . But misdemenors bs . I didnt have no record till al l this started . And i know have three misemeanors cause of this and i have my children . You need to file your paperwork so the judge can see your side .. These attys are about as crooked as they can be from what i am seeing . If i am wrong please correct me . But they dont tell you what to do . they tell you this and that cant be done when it can . I beleave they are being paid extra to help them keep the kids in the system as long as possible . Then if you get them and try to sue. I beleave they are paid to stall. . Its sad the only ones we have to help and get advice from is in here . And we arent attys. But we are straight up and either going thru it . Or been there . I myself am no expert .But from my knowledge and what i have seen the best fight you can give in a court room is thru paperwork . Show there lies and inconsistencys. Show it all . The showed there side . Time to show yours .... sedwards

WorriedGrandma
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Postby WorriedGrandma » Mon Oct 10, 2005 8:21 am

According to WA state law... RCW's (Revised code of WA) and the WAC (WA Administrative code)... both children should have been placed with us if not immediately, but surely after the shelter care hearing and could be BEFORE any criminal investigation.

CPS will have to prove to the court that we are... or my husband is a danger to the children and they cannot.

Can they? We have so many good references...

Also.. a little something I just learned studying the CPS administrative code... and I am SURE they did not tell the parents. The parents can challenge the courts (CPS) findings within 20 days of the finding.

After that, they can challenge that finding within 30 days and take it all the way to an administrative hearing within CPS.

I didn't know this. I am trying to call and call my son and my dil and tell them, but no answer. This is driving me crazy... but THEY HAVE TO FIGHT TOO....!!!

I want both sides fighting to get those children back...

Question... can the parents file a guardianship for us on the children NOW????

I need to know asap!

WorriedGrandma
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Postby WorriedGrandma » Sat Oct 15, 2005 9:00 pm

Good news and bad news.

The father (my son) of my two grandbabies is back in rehab, where he will be for 30 days. He says they tell him that they help people get their children back from CPS. He didn't say how exactly, but it sounds good to us.

While he is in rehab, the center will take him for each scheduled visit with the children, so that he doesn't lose touch with them. He plans to talk with the CPS sw when he goes on Monday.

The mother.... not good. She has been partying a lot. But, thats not the worst. She was just arrested today... for the second time in two weeks for shoplifting. She steals constantly. This will be the third arrest for that in a years time. But, this time its a felony.

She called me crying.. I didn't scold her then... This girl needs help BAD. Her impulse control seems to have gone into orbit or something.

This is really bad. She may not be able to be there for the Monday visit. Do I tell the sw or not? She is surely going to ask me where she is.

I think I posted this in the homestudy thread, but we have cleared a the background checks on both of us and I HOPE homestudy still takes place on Monday.

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kdddav
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Postby kdddav » Sun Oct 16, 2005 3:32 am

WorriedGrandma,

I am so sorry your family has been dragged into this dark world called CPS. Now for me to give you some information.

If CPS places your grandkids with you, you'll be very lucky. Also, how picky they are depends on the caseworker and supervisor. Even if your husband was judged not guilty of his misdemeanors, they would still be making doubtful noises. They get more money by placing them in a stranger's home anyways, they may just need to cover reasonable efforts before slamming the door on you.

Even family members with perfect citizenship awards are investigated before they place children with them. Not, however, Foster Parents with no relationship with the kids. Strangers are trusted 100%, which is sad but true.

Once they look in on your family at home, I can assure you that they will pay a visit to your door about your own kids. I don't want to freak you out, but homeschooling is a no-no in the eyes of CPS, and not for educational purposes. Schools are filled with mandatory reporters, and the principles at schools can look up abuse records, and share them with whomeever they think. While they are home with you, they can't possiblty generate a report that may give them some Mondale Act funds.

Also, you need to know the that CPS records are completely confidential is false. They're not. No matter how much the case workers and supervisors bray like wild donkeys they are, they aren't. It's just an excuse to keep the real records out of the hands of those they falsely charge and pass them around to people who can help CPS win. Don't forget schools can find out about abuse records, hospitals can, psychiatrists can, police can... see what I am getting at? A lot fo people can see that stuff.

If the grandchildren have all ready been took and/or the parents have signed papers with CPS, then yes, a Guardianship is too late. If the kids are still at home, nothing signed, then get the Guardianship ASAP. Even for your two kids if you have relatives you can trust. And Trust is important there.

I can't stand racists, and I wish I had been there when your husband had been attacked, I would have defended him physically. And I hope that incident isn't going to be tied in with a safety issue for your home as well.

If you know anyone with a Camcorder or have one yourself, start taping all visits. They will say you can't, simply ask them with a smile while video taping them, to provide written documentation they can't be recorded. They can't get that documentation because it doesn't exist. They may even threaten and intimidate you about the camera, and that is GOOD, cause you'll get that attitude on the tape. You can legally record anything anywhere with a video camera, especially in your own home. You may not have media credentials, but convienence stores tape people, federal buildings tape people, parking garages tape people, wal-mart tapes people in store and in the parking lots, even some cities are video taping their streets to catch criminals. In fact, if there is a video tape made, judges love them, even seek such evidence, as video taping is accepted as the whole truth. Not civil judges, but criminal and supreme court judges, because that is where you'll probably have to go

Now someone will look at you out the corner of their eye and say, "Now wait, hold on here. It may not be legal..." as some cynic out there will try and sabatage you with good intentions. They get these confused with tape recording laws, otherwise known as audio recordings using a microphone only.

There is no law, federal or state, that says it's illegal in any way to video tape, using color video with audio. It's going to be your best defense, trust me on that. CPS gets stupid, they are busted the moment a judge sees it happen. Nothing hurts CPS worse than the truth on video tape.

And if you can, set up all appointments and meetings at your attorney's office! Having it there will help them behave better, rather than in your home.

I hope I have helped you in some way.

The Tech
"The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State." —Dr. Joseph M. Goebbels, Hitler’s Propaganda Minister

Cyneca_GSD
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Postby Cyneca_GSD » Sun Oct 16, 2005 6:25 am

I feel for you grandma, its a bad situation. I I'd fight them tooth and nail if that's what you have to do. Actually I'd bring the attorney that is representing your husband into court as well. Even if it is just a case of being able to say "I have 2 attorneys, what are you going to do now?" For some reason the more attorneys you have the more concerned they get, especially if you have one that fights on a federal level. Additionally seeing as he is a criminal attorney and usually sits in criminal court, the family court judge, as well as the attorneys for the CPS and the the guardian ad litum will not have a clue as to who this other attorney is, and wont know what to make of him. I get this information from a very informative website at;

http://www.childprotectionreform.org/de ... .htm#nasvo

My husband and I are working on a different tactic. To be honest, our grandchildren are monsters. Very difficult to handle as the older doesnt seem to be capable of understanding any form of discipline and when he gets really upset he is lible to deficate on the floor and finger paint with it on the walls. The youngercopies his brothers actions and will join in the fun. We figure after a few days of this behavior, mainly because we know it is a matter of time before Shaun figures out what has happened and starts to act out, the foster family will be calling CPS and demanding that they get him out of there. Anyway, our stand at this point is total refusal to work with CPS. Our planned statement is "We were willing to work with you the night you were so determined to take the boys, and decided not to allow us to have them even with NO CPS history and NO criminal history on either of us but YOU chose otherwise. We are no longer willing to work with you. You have 5 minutes to get off of our property, and if you don't we will have you arrested for trespassing." If they try to insist on a home study we will refuse it as there are no children living on the premisis as of this past Friday when my youngest turned 18. they have no business in our home. It may be an unorthidox plan, but I refuse to have CPS poking in my life for the next God knows how long. We are hopeful that they will run out of places to put the boys and be scrambling for a place to put them. If we make it so the ONLY place they can put them is with their mother, well... see the logic.

However it would appear that you really have no choice, so I wouldnt suggest this route, its just what we are doing. Like I said, lawyer up, bring in the other attorney, bring in your pastor and anyone else you can as character witnesses and take them to court pointing out the fact that CPS didnt follow their guidlines, we will do the same when it comes to hearing, and nail them with their own rules. Heck your criminal attorney might be able to come up with something that your family attorney might not have thought of considering kidnapping is a criminal offense, and basically CPS kidnapped your child.

Also I'd suggest that you not sign ANYTHING without your attorneys present. That is where they sometimes get people, in a situation where the parties are upset and they TELL you what you are signing, people are less likely to READ what they are signing and once you sign it, you have signed your rights away. This is why when the CW tried to get Jen to sign custody to the state, she refused. I had managed to get to her and tell her NOT to sign anything without an attorney present. No safety plans no nothing. We as an entire family, are refusing to work with CPS in any way shape or form. In fact she has been instructed to tell CPS and any intity involved with this case that any questions they have should be directed to her attorney... period.
Cindy Gialluca

"Diplomacy is the art of telling someone to go to Hades, while convencing them to ask you for directions."

saraisstellar6484
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Postby saraisstellar6484 » Sun Oct 16, 2005 7:43 am

i'm going through a cps case also. along with that i have a criminal case pending aginst me for child abuse. i have a parent aide who doesn't aide at all. she is my 5th one. when i had a visit at my house with my daughter she was there to supervise my visit. during the visit she fell asleep not once but 3 times :!: the 2nd and 4th parent aides i had were both about my age and had no children. how can they tell me how to be a better parent to my child and aide me in how to raise her when they have no parenting skills of their own :?: my daughter cries everytime she has to leave my house to go to her foster home. i breaks my heart everytime. she'll be 2 in nov. she's been gone for 10 months now. all i want is to have her back. i have done nothing wrong to her. i did what i could and then some to try and take care of her. i just don't know what to do anymore. i want my baby back. can someone help me??

WorriedGrandma
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Postby WorriedGrandma » Sun Oct 16, 2005 8:32 am

young lady sara... it sounds like you should have been talking to an attorney long ago? Can you find one...? Even calling some via the yellow pages is better than nothing at all. Most have a1/2 hour to 1 hour free consultation. They can advise you what to do. What about legal aid in your state?

Also.. post your questions here. There are a lot of people here willing to help and who have more experience than me with CPS. Since your baby has been away 10 months.. I'd suggest to get cracking pdq.. cause they have these time limits on when to move to terminate.

We were told when we met with the family law attorney our grandbabies had very likely already been placed in a pre-adoptive home. It could be the same for you. Not trying to stress you out too much. But, informed is better than not being informed. The very young are the most sought after by adopters and these people become foster parents so they can get our children CHEAP.

:evil:

About homeschooling. Washington state is a very homeschooling friendly state. Unlike North Carolina, for instance. Its legal in NC but they make it difficult with rules and such.

Here, true, one must register intent with the public schools... but mine have never attended anything but a private school and were homeschooled from birth. I taught them to read and write using A BEKA curriculum. There are many homeschooling support groups here, but I've never really gotten involved in those.

That one area is my greatest fear though.. the homeschooling aspect of my 14 year old daughter. My 12 year old son still attends a private Christan school and my daughter will return for 10th grade more than likely.

What can we expect CPS to ask us and our children about that? Will they want to talk to our two minor children alone?

Anyway... back to criminal history. We were told by our attorney that the fact that the SW even wanted to do a homestudy showed that we have cleared on background checks. I am supposing that the sw talked to our attorney representing us for lawsuits against the county and people who were responsible for that assault. We also gave her a Detective's name who knows the case well and knows my husband well.

Prior to that assault... my husband was known pretty well locally. He was the man always called by the elderly to take care of yard and household chores they could not do. And they relied on him because they could trust him.... word of mouth trust and references...and he did a good job for them and allowed them to pay him what they could afford.

The people who did that to my husband that night didn't know him. The 4 men who attacked him rarely were in town and the Aryan Nation bartender who set the assault up to happen and allowed it to go on for a long time was new to town.

So, we hope that those two references on that have already explained those circumstances.

We have 8 other references. How many do we need? Cause I am sure we can get more.

Also... can't my son get references.... and the Mom ... as time goes by and they clean themselves up and decide to parent and stop partying and being irresponsible.

Look... don't get me wrong.. I KNOW parents are unfairly targeted sometimes and falsely accused. But, in this case.... the parents HAVE made a big mess of this whole thing. They might never had gotten CPS attention if they had just taken care of their children first and not be smoking meth and the Mom verbally and physically abusing the 2 year old in CPS presence. That went very bad for the Mom.

Now with two shoplifting charges against her in the two weeks the children have been gone....one a felony... she is going to have a very hard time of it.


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