Is this stuff legal?

[ejaffe]

Well as some of you know our son was in the care of foster parents for a few short days. We have just intersepted a letter from the foster parent to the judge hearing our case. Can a foster parent even do this?

I have to say there were some strange things in his letter. One being we had an inestigation started and about 2 months later he was taken. We gathered from the letter that the foster parent was asked if he wanted our child the day the investigation started. Obviously there was no goal of keeping the child in our home. The letter also states that "I accidentally ran into XXXXX XXXXX and told her I wanted the baby." Very very shortly after our son was taken.

His letter also recommends to the jugde that our son be taken away from us and given to him for a period of a few months "just to see how he does". We are quite outraged.

[good dad]

In my state, the fosterparents can write a letter to the court, but it usually only deals with "How the child is doing/adjusting to fostercare"......

It sounds like he has over stepped his bounds with the things he said......

Document the "forwardness" of thier intentions..

I would be outraged too...

[Bob_Lynn]

I don't believe what the foster parent did was illegal. I do believe it was highly inappropriate but the final responsibility rests with the judge.

[Dan Sullivan]

Well as some of you know our son was in the care of foster parents for a few short days. We have just intersepted a letter from the foster parent to the judge hearing our case. Can a foster parent even do this?

I have to say there were some strange things in his letter. One being we had an inestigation started and about 2 months later he was taken. We gathered from the letter that the foster parent was asked if he wanted our child the day the investigation started. Obviously there was no goal of keeping the child in our home. The letter also states that "I accidentally ran into XXXXX XXXXX and told her I wanted the baby." Very very shortly after our son was taken.

His letter also recommends to the jugde that our son be taken away from us and given to him for a period of a few months "just to see how he does". We are quite outraged.

The Judge that returned you son to you already determined that the child was removed in error.

You should file a complaint with the section of DSS that handles the children removed by CPS.

This person should never be allowed to foster any children ever again.

Best, Dan

[ejaffe]

he has never heard our case from our side nor even seen us before, so no actually this not the judge who saw that this was an error. We have been through 3 judges since this started.This one has not ever heard our case. This is after they already had a judgement saying it was an error ...This is to the NEW judge, besides the overall nastiness and underhandedness of it does'nt it in the very least taint the case? Especially when these people know that it has beed adjudged that the removal was unreasonable?

[Momoffor]

I would think that with that letter all its going to do is show to the judge (if he has half a brain to figure it out) was what the true intentions of CPS were at the time.

Where the hell does this guy get off asking a judge to grant him custody of someone elses child whose parents were not deemed unfit and it was deemed as an errorneous removal to begin with. I am with dan. This person should not be a foster parent ...EVER again. Especially in light of the condition that your son was in when he was returned to you by the person who wants to see how he does.

I am wondering however, if this person became a foster parent as a way of proving to CPS that he and his partner (I think I remember you saying it was a gay couple that had your son. correct?) would be suitable adoptive parents, and he is now to the point of desperation. Which would be evident with his words in his letter. Sounds like he needs his head examined however ..."just to see how he does"??????????WTF!...

Even the wording sounds like a child asking for a goldfish 'just to see how he does' with it, so his parents will allow him to have a puppy later.

[ejaffe]

Yes it is a gay couple, but that was perfect!! and the sad part is that IS exactly how its worded. It was also a complaint that I did not pack appropriately..........LIKE I WAS SUPPOSED TO PACK HIS SUNDAY BEST. What do people usually pack when someone is kidnapping thier child? ( I did'nt pack extra clothes, just life sustaining accomidations) Some time in my panic, frantic, WTH is going on state onesies were not at the top of my list. I read this and feel as if I am in the twilight zone, or back in the twilight zone. I am exhausted and just wonder if and when this will all end. I know we can't stop fighting but when does it stop. Do these people, any of them, even have souls?
Also how come NONE of the laws that protect the accused in any other form of justice apply in CPS cases? I mean come on, how many court cases are victims having meetings and writing letters to the judge before a case is heard, when are all the prosecutions whole case presented and played upon to the judge even before the defense is present. THIS IS DERRANGED.

[gideonmacleish]

Actually, ejaffe, those laws DO protect us. It's finding an attorney that will represent us that's a problem.

I find it ironic at a time when the ACLU is defending pedophile support groups (NAMBLA) they will not begin to press the rights of the numerous families who have been injured by CPS actions.

[Momoffor]

Also how come NONE of the laws that protect the accused in any other form of justice apply in CPS cases? I mean come on, how many court cases are victims having meetings and writing letters to the judge before a case is heard, when are all the prosecutions whole case presented and played upon to the judge even before the defense is present. THIS IS DERRANGED.

How about being 'tried' and accused for incidents and found guilty when you dont even know what it was that you were being accused of in order to defend yourself, for the same crime over and over again until CPS finally gets the result they want to finally proceed in a REAL court. Better yet, having to defend youself against lies from the person whose word is taken as gold and the final word.

[Frustrated]

I wonder if CPS told this Foster Parent to write to the Judge to determine the time line of the investigation, to throw off the true time line that he was taken within 4 days of the Investigation? The letter states 2 months into the investigation before he was taken? Right? IT does not make sense to me, but however, it sounds to me that they are covering their tracks and put in the time line of 2 months rather than 4 days. Because it looks bad in having taken the baby within 4 days. Right? So they had to write to the Judge to make it look "vague" to the letter. I even wondered if CPS told them to write a letter to the Judge to distort some matter of time line.

Anyhow, if I were your Lawyer, I would put these Foster Parents on the Witness Stand so they can have contradictions to the letter and their Story and it will contradict the story of CPS. I mean if the Foster Parents really want to Foster, they are not just going to lie on the Witness Stand telling the Judge they already knew the fact that it was 2 months? Something stinks into their Story, so you have the responsiblity to get this story as a Lie so the Judge can see through them.

[Momoffor]

EJ, how has your case gotten this far to begin with? I thought at the emergency hearing that the removal was deemed as an error but yet CPS is still continuing in court???

Havent they even investigated your case to determine that this was also an ERROR? Or did those arse wads determine that your case was founded???! Im confused ....

Sorry if I missed where you posted about this before, I have not been checking the boards as often and frequently as I used to, and had a huge gap where I hadnt checked at all.

I am just trying to figure out how your case went from the judge retuning your baby to you stating that the removal was an error and not an emergency removal ....and now it basically seems as if you are now in a custody dispute with the people who were the foster family for HOW MANY DAYS?? ........Sorry Im still miffed over that ..."just to see how he does" thing!!! Especially if this is "supposedly' a court date to determine weather a child is in need of care.

A man composing a letter to the judge asking him for another chance to have 'custody' of your child, does not serve as any kind of proof as to weather or not your child is in need of care.

And please, whenever I pack for my kids to go on a weekend trip I start that about a week before so that I make sure I have gotten everything and have time to throw in things that I forgot ..I cant imagine having to pack up my childrens belongings in a matter of minutes because they are being kidnapped and actually remembering everything ...I would forget socks, undies, or PJ's for sure! Didnt know that it was law to have an infant in a onsie either .../shrug...Maybe thats why your baby was so sickly when he was finally returned to you ..lack of onsies .../snicker (sorry trying to find the humor in the insanity).

Still cheering for you and your family EJ!!!!!