Standing Up's Case

[Standing Up]

Second Phase of Case -- Foster Care Service Plan

Hi,

My children have already been taken into foster care, and I am in the process of complying with a foster care services plan.

Do I still share my story here?

[Dazeemay]

Yes, you can post your story here.

Keep it on this thread so it makes it easier for other posters to follow.

BTW Welcome to the board and hope we can help you.

[Standing Up]

Summary

Timeline

Before July 2005 - previous involvement in public assistance with social services, due to low income and other complicated factors. Food stamps, etc.

July 2005 - Contact by agency.

Aug. 2005 - Contact by agency.

Sept. 2005 - Contact by agency.

Oct. 2005 - Contact by agency.

Nov. 2005 - Agency petition, Court, children removed.

Dec. 2005 - Court, Not sure what went on behind closed doors.

Jan. 2006 - Court, Hearing, Foster Care Plan, next court in July 2006.

- - - - - - - - - - - - - - - -

Problems

Agencies
The whole process has been adversarial, with false statements by CPS and Foster Care workers.
The lawyer doesn't have time to talk or do anything other than show up at court.
There is no time in court to explain anything, and if you do, it would be twisted around against you.

Personal
Limited family support system, due to health issues and lifestyles.
Limited friends support system, due to not being able to get out much.
I don't drive.
I have health problems.
My medicaid has been terminated since the children are not with me now.

The children
Oldest child has had ongoing health issues which affect educational issues.
Has had professional help in these all along.
Was placed in a group home, but transferred to a mental health facility and heavily medicated.
I am concerned about the effects of this.

The other children have been separated, but are in the area.
They seemed to be doing OK at first, but now I am hearing about behavior problems.
Someone told me that attachment disorder could possible be a factor.
Visitation is dependent on me complying with the agency.

Financial
My only source of income has been one child's social security plus food stamps.
I have no income now, and reduced food stamps.
I am looking for a job in the neighborhood, which is taking time.
I have been ordered to pay child support.

If I worked, then day care would be a problem, since I have several children.
The oldest child is not qualified to babysit, because of the above mentioned health issues.
I am now finding out I could have gotten day care assistance in licensed centers, with pick-up from school, but I still would not have had a way to bring them home from day care.
There is no publicly subsidized van in this area, like there is to the subsidized housing projects.

I have mental health issues, which I have cooperated with in the service plans.
I have housing maintenance problems which I am supposed to fix on my own.
There are currently no HUD housing vouchers to help with rent in this state.
If I tried to get into subsidized housing, I would probably have to move to another locality or be put on a waiting list, or both.
I have applied for financial assistance under the energy assistance program for one of the problems, and am supposed to be getting help.

Services
Services by the agency are evaluations, counseling, treatment, etc. with transportation.
No referrals to community for counseling or assistance for employment, housing or financial.
I am supposed to purchase my own 'services' for tangible needs relating to housing maintenance, facilities, furnishings, etc.
The agency will pay some of my rent, everything "to be determined."
I have been contacted about past due rent, and had to work on getting things straightened out.

Hope
The children really want to come home.
They miss their family, friends and pets.

I love you, children, and am doing everything in my power to get you back.

Love, Mommy

[Dazeemay]

I can't seem to get a feel of how many children were left home and how many are in foster care or are all of them in foster care?

You have a lot of issues working against you and in order to get your children back one has to sort out what needs to be done first before the July court date.

We can help you with declaration of facts and objections and corrections forms to file at the court house before that next hearing. These forms will help you with all of their lies etc.

The harsh reality of this is that they feel you are a drain on the system and it is of more benefit to them money wise to get your family into foster care so that the state can make money from the federal government.

You say you are looking for a job, but have stated also that you have mental and health problems. How will you be able to get a job if these are issues?

[Standing Up]

All the children are in foster care now.

On the service plan, I have the option to find out if I can qualify for disability, as part of the plan for financial stability.

Do I file papers myself, or trust the lawyer to do it?

I know I have a challenge ahead.

Thanks for your interest.

[Dazeemay]

The lawyer doesn't have time to talk or do anything other than show up at court.

This makes me want to say things that are not nice here, so I will put it politely. Show him that you know the law and he better start fighting for you or you will go to the American Bar Association if he doesn't.

If he quits, so be it; the court will have to appoint you another attorney and let him/her know you know the law.

Now you are going to show him the law and your rights as a parent and your children's rights. They cannot take away your children because you are poor and you are going to have to prove that.

Go to Legal Research on this site and start looking at everything presented about these rights.

Here is a link for the forms you need http://www.geocities.com/whosyurmamma/start.html

This is a form to ask for a new public defender if you don't feel like fooling around with this current one.

http://www.geocities.com/whosyurmamma/p ... ender.html

This is for more meaningful visits

http://www.geocities.com/whosyurmamma/visits.html

You need to let your lawyer know that you want them filed, if he does not show an interest to do so then tell him you are filing them your self. Everything needs to be notarized.

You need to get all of your case records so that you can file your objections and corrections to what they have said.

Just so you understand how hearings go. CPS gets to give their side first. You will never get to retrack what they say until they have had all of their say. Then they give you time to have your say which is very little.

That is why you need to do these forms. This is how you get your whole story in the court records.

[Standing Up]

Thanks a million.
This will give me something to work on for a while, and hope.

[daddyanddede]

STANDING UP
please dont be offended by the things i say or the way i say them. listen to what dazeemay tells you to do( she is one smart cookie) she knows what she is talking about (UNLIKE SOME ONE ELSE WE ALL KNOW) i do agree with her on most all she says. i have been and am still there. sugar i am an old man and will tell you i am still learning ever day . cps are lairs and thieves and will do any thing to get what they want. i am not trying to scare you but learn all you can AND DO WHAT EVER YOU HAVE TO. will try my best to help all i can

[Standing Up]

Thanks for the encouragement, daddyanddede.

Daisy, How do I know if and when the lawyer has filed the papers in court? Even if he says he is taking care of it, that may mean he files them 10 minutes before court. Is this OK?

[MsHeather]

If I were you--- I would try to file for SSI or SSDI. Do this yourself through social security. Do this only, however, if you truly have a documented disability that prevents you from working. If you have a diagnosis that is SMI--- you will likely qualify if it impedes your ability to work. Again-- Social Security will need medical proof. The process can take up to 6 months to see if you qualify.

You said, "Visitation is dependent on me complying with the agency". CPS can not withhold visitation for not complying with the case plan. If this is their only reason for withholding visitation it goes against federal law. The only way visitation can be withheld is if they get a psychologist to say that the visitation is more harmful to the child than of benefit. Studies show that during the reunification phase-- it is to the child's benefit to see their parent on a regular basis and actually it can do more harm if they don't see their parent.

If you truly do have mental health problems-- I encourage you to get an advocate who can assist you maneuver through the beurocratic maze you have found yourself/your family in. I'm not sure about what advocacy programs are available for you in your area but you could contact your local NAMI for some resources or find out what family rights groups are in your area. I am a CPS worker and I can tell you that I had one mother that we were looking at severing her rights because she was having a lot of problems working the case plan and time was clicking away. I tried to help this mother.. but I could only do so much. I didn't have time to try to help her every day and things weren't looking good for her for reunification. She expressed a lot of anger, hostility, and just didn't know how to manage her frustration with everything that had happened with her life and the removal of her child. She got an advocate that helped her....this advocate helped her communicate with me.. helped her work programs that worked for her... and had it not been for this advocate--- this mother could have eventually lost her kid in the system.

[Dazeemay]

Daisy, How do I know if and when the lawyer has filed the papers in court? Even if he says he is taking care of it, that may mean he files them 10 minutes before court. Is this OK?

You don't know unless you go and find out at the courthouse. If he hasn't within a few days or your hearing you will have to do it. It costs you money to do it. An appointed lawyer does not make much money from your case and so you probably will not see him do it.

Here is a link explaining some of the causes of ineffciency of court appt. lawyers. http://www.abanet.org/child/challenge.html

Sedwards brought hers to court and passed them out to everyone that was suppose to have one. She won her case at that hearing. Granted it all depends on your judge and what s/he does. Sedward's judge read it in court and called a meeting with everybody and he came out giving her her children back.

But, this judge did not know every little dirty trick cps pulled on her and that they kept some pertinent info from him and that is why you need the dec of facts etc filed in case you have a good judge like we did and sedwards did.

10 mins is not a good idea and one should at least get them in five days before. Now I advocate the five days personally. But, you must decide for yourself. The reason I advocate the five days is so that cps does not have time to file objections to yours. They ususally don't because they have lied so much and they just don't make the time.

[Dazeemay]

http://nccanch.acf.hhs.gov/pubs/userman ... ourtsc.cfm

Bookmark this site because you will find many things here that may help you fight against them. Use their own words from their manuals to come against them.

Supervisor in our case did not even know her own manual.

Here is the link to the Virginia manual. Valuable tool in your fight.

http://www.dss.virginia.gov/family/cps/policy.html

[Standing Up]

Response to CPS worker

This is the exact wording on the foster care service plan:

"Visitation will be arranged based on mother’s follow through with services, her keeping in touch with the foster families and the needs of the children. (As recommended)"

Also later in the plan,
"Be active, positive part of any counseling / treatment plans for all the children. (As recommended by counselors and informed by this agency)"

What is the website showing federal law on visitation?



Thanks for the information of SSI and so forth. Things are complicated because they terminated my Medicaid when they took the children.


When referring to an "advocate," would that be different from Mental Health follow up services given by Social Services?

"Will be given a referral to the local Mental Health for an evaluation of services..."

3. Based on the outcome of the evaluation the agency will assist ____ with recommended follow up services."

[Momoffor]

I have been gone for quite awhile so unsure if VA is really where standing up is from, but I was reading over what was posted by msheather and let me tell you. There is nothing like dealing with a state that calls themselves a 'commonwealth' not a state, because they make up whatever they want as they go ....and 9 times out of 10 gt by with it since they are not technically a state. I am not speaking of just cps issues, but with all legal matters in general.

When I was dealing with CPS, I was charged with high risk neglect and the paperwork that was sent out to me and my lawyer stated the section of the code of VA that they used to make that determination. During my appeal hearing, my lawyer requested that they drop it due to the fact that the code of VA they used to make the case founded and high risk, no longer existed since 2 years prior. It was denied and the next appeal hearing I was defending myself against something totally new.

[Standing Up]

Landlady threatening eviction


The foster care service states that there will be "assistance with lot rent."

The local agency has not yet paid the first month of lot rent as stated,
"The agency will assist ____ with the first month of unpaid lot rent."

Four months of rent is due.

The land-lady is threatening to take me to court.

The land-lady FAXed the local agency for verification about what their intentions were.

The foster care worker would not verify anything, only stated that assistance would be determined at some time in the future.

What should I do?



Quotes from Foster Care Plan
"Assistance with lot rent.

The agency will assist ____ with the first month of unpaid lot rent

and evaluate her need for the next month to help her get on her feet.

Based on mother demonstrating her ability to maintain her home on her own

at a point in the near future,

by follow through with services. (To be evaluated)"

[Dazeemay]

Your landlord has the right to evict you.

Try Legal Aid here is a link http://www.vlas.org/

You need to get on top of this because CPS has you right where they want you and that is to render you homeless which will make their case all the stronger.

Make sure you have all of the information from the cps manual on what cps obligations are to assist you. This will help the legal aid lawyer.

Also in answer to what an advocate is. This is a person who volunteers to help people with whatever services they need. For instance you could consider your friend an advocate for helping you with all of this.

An advocate for SSI would know all of the laws etc and how to get in contact with certain individuals to speed your case along without it taking months.

I am sending you a PM (private message)

Look here and see if there is anything that will help

http://avenue.org/tjach/local_resources.shtml

[Standing Up]

Disability

Social Security Disability and Lupus: What you should know
http://www.hss.edu/conditions/lupus/soc ... -and-lupus

This gov. publication is saying a person can work and also get disability.

There is a question or debate about this issue, or rather ignorance.

Does working at all ruin a person's chances of becoming eligible for disability in the first place?

On the other hand, if disability is denied on one or two levels, then that person is stuck with nothing, risking homelessness, and blowing all chances of reunification.

Any comments?

By now, publications and policies don't mean a hill of beans.
What really happens?

[pebbles04]

hey standing up...what part of Virginia are you in??? That is where I am at??

[Marina]

On behalf of Standing Up

I have been posting messages on behalf of Standing Up because she was distraught and wanted any kind of help she could get. I asked her about privacy and she said she felt like she didn't have any privacy left. Nevertheless, I am in an awkward position posting on her behalf, because this is someone's life and future we are talking about.

I don't know her very well personally, mostly through a relative. She has had so much going on that we haven't been able to communicate much, so I have had to make executive decisions about what to say here. She shares a phone with other relatives and doesn't always get messages.

One of her health issues has been resolved and I think she has complied with the mental health requirements in her service plan. She is seriously working on her employment and financial situation, according to what I was told.

I have tried to just post general information that others might have some opinion on. I really don't know the whole situation, even though I have read the foster care plan. She spends a lot of time just jumping through hoops, so it is hard to get past that. I just have to respect her choices and try to find out all I can for her. She has pretty good instincts, and reads everything I give her, so that is all I can do.

I just know that snatching someone's children, mainly because of low-income related problems, is just inhumane. I will continue to try to do the best that I can on this forum, but please understand that this is kind of awkward for me. I sent a couple private messages to the ones who asked questions. If you didn't get it, send me a private message. Thanks for all your help. I have been overwhelmed by the kindness and generosity of all of you, without being judgemental of her problems.

[Marina]

Working on Declaration of Facts

Rules of the Supreme Court
http://leg1.state.va.us/000/scr/TOC.HTM

Pleadings
http://leg1.state.va.us/cgi-bin/legp504 ... r+vscr-1Z4

General Provisions as to Pleadings.

(a) Counsel tendering a pleading gives his assurance as an officer of the court that it is filed in good faith and not for delay.

(b) A pleading that is sworn to is an affidavit for all purposes for which an affidavit is required or permitted.

(c) Counsel or an unrepresented party who files a pleading shall sign it and state his address.

(d) Every pleading shall state the facts on which the party relies in numbered paragraphs, and it shall be sufficient if it clearly informs the opposite party of the true nature of the claim or defense.

(e) An allegation of fact in a pleading that is not denied by the adverse party's pleading, when the adverse party is required by these Rules to file such pleading, is deemed to be admitted. An allegation in a pleading that the party does not know whether a fact exists shall be treated as a denial that the fact exists.

(f) Requirements of pleadings applicable to instruments not under seal shall apply to instruments under seal.

(g) Requirements of pleadings applicable to legal defenses shall apply to equitable defenses.

(h) The clerk shall note and attest the filing date on every pleading.

(i) The mention in a pleading of an accompanying exhibit shall, of itself and without more, make such exhibit a part of the pleading.

(j) Brevity is enjoined as the outstanding characteristic of good pleading. In any pleading a simple statement, in numbered paragraphs, of the essential facts is sufficient.

(k) A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds.

( l ) Every pleading, motion or other paper served or filed shall contain at the foot the office address and telephone number of the counsel of record submitting it, along with any facsimile number regularly used for business purposes by such counsel of record.

[Marina]

Rough Draft of Declaration of Facts

Name:
Address:
Phone:
Declaration of Facts
I, _____________________________________________________, state:
(Your Name)
1. I am the mother of four children:
Names: 1.
2.
3.
4.
2. This declaration is being written in support of a motion to return my children to me.
3. This is in reference to:
Case Name
Case Number
Date filed
Name of Court

4. Time-line
See exhibit

5. The local social services agency has violated my rights,
and violated my right to due process, by violating the procedures of
The Virginia Department of Social Services CPS Policy Manual,
which incorporates Constitution of Virginia, Virginia Statutes,
Code of Virginia, Virginia Administrative Code, and Federal Codes and others.
See attached exhibit.

6. The complaints, reports, allegations, and dispositions of neglect
offered as evidence of neglect by the local social services agency
are false, without evidence, do not meet community standards, unfounded,
and do not meet the statutory requirements for neglect.
See attached exhibit.

7. The local Social Services agency has violated my rights,
and violated by right to due process, by violating the procedures of
The Virginia Department of Social Services Foster Care Policy Manual,
which incorporates Code of Virginia, Virginia Administrative Code,
Federal Codes and others.
See attached exhibit.

8. The Foster Care Service Plan
being submitted by the local Social Services agency
is being challenged for a number of reasons.
See attached exhibit.

9. The local Social Services agency has not acted
in the best interests of our family, they have acted in their own best interests.
As citizen clients, professional standards of conduct and codes of ethics have been violated.
A conflict of interests exists in this case.
See attached exhibit

10. The local Social Services agency, in its actions,
has violated a number of my human rights.
See attached exhibit.

11. Returning the children to me immediately and permanently
is in the best interests of the children.
See attached exhibit.

- - - - - - - - - - - - - -

Can we do it something like this, with 'arguments' and 'supporting evidence' for the arguments?

[pebbles04]

I have been gone for quite awhile so unsure if VA is really where standing up is from, but I was reading over what was posted by msheather and let me tell you. There is nothing like dealing with a state that calls themselves a 'commonwealth' not a state, because they make up whatever they want as they go ....and 9 times out of 10 gt by with it since they are not technically a state. I am not speaking of just cps issues, but with all legal matters in general.

When I was dealing with CPS, I was charged with high risk neglect and the paperwork that was sent out to me and my lawyer stated the section of the code of VA that they used to make that determination. During my appeal hearing, my lawyer requested that they drop it due to the fact that the code of VA they used to make the case founded and high risk, no longer existed since 2 years prior. It was denied and the next appeal hearing I was defending myself against something totally new.

Isnt that soooo true...I reside in va and that is where I lost my kids ...but from what I was told I am in ONE of the worst cities that CPS gets involved and I was told that I wouldnt have had a chance in hell to get my kids back in this city even with making a complete turn around

[Marina]

Statement of Fact: Failure to follow CPS policy

(This is rough draft of what I had worked on earlier. Comments?)

Statement of Fact on Failure to Follow Child Protective Services Policy

Complaint (Virginia Child Protective Services Policy Manual, page 64)
Local Social Services agency received a complaint of child neglect.
I do not know if the Department entered the report into the information system
to obtain a referral number.
I do not know if the complaint was recorded in the child abuse and neglect information system.
I do not know how many subsequent allegations were made.
I do not know whether the new allegations were treated as a new report
or assessed within the context of the existing response.
I do not know if the allegations provided any new or different information.
I do not know if they were folded into the initial investigation or family assessment.
I do not know if the additional allegations addressed new types of neglect.
I do not know if 14 or more days had elapsed since the first report.
I do not know if the additional allegations should have been taken as a new report.
I do not know if the Department determined the validity of the complaint. (65)
The local agency has jurisdiction over this matter. (72)
I do not know if the Department screened the complaint for priority. (85)
I do not know what the Department’s local guidelines are for Levels 1, 2, and 3.
I do not know if reports were screened for high priority based on immediate danger to the child,
severity, age of the child, circumstances, physical and mental condition of the child, or reports made by mandated reporters (86)
My children were never in immediate danger.
The children were not in distress, injured, or otherwise in an unsafe environment.
There were plans for the continued protection of the children.
I did not view the circumstances of the children as threatened.
Neglect did not occur, and the children were not at risk for future neglect.
Since no neglect occurred,
the neglect cannot be considered severe.
There was no medical evidence of neglect,
Neglect was not inflicted on the children,
No instruments were used.
Since neglect did not occur, it cannot be considered to be continuing or chronic in nature.
The neglect cannot be considered to be of an immediate nature, because it did not occur.
At the time of three of the incidents,
the children knew where I could be located.
The place does not allow cell phones inside.
I was not available, because I cannot be at two places at the same time.
Dozens of responsible adult friends and older children
are always available within a few yards of where the children were.
The precipitating event is likely to reoccur
since I have to go to the grocery store, etc.,
unless social services provides in-home child-care at night, on week-ends, and in the summer.
However, the children are not in danger, since they are within sight and hearing distance
of dozens of responsible adult friends and older children at any given moment,
and know their boundaries.
There was no potential danger nor was there a pattern of neglect.
There are no factors regarding the children’s age, sex, developmental level, chronological age,
and maturation level that would negatively effect the children’s vulnerability to neglect
The children will continue to be able to protect themselves from neglect in the future,
because they are never alone, and never more than a few yards from adult friends.
The children know emergency plans and contacts to ensure safety in the future. (87)
There are phones available everywhere and they know how to phone for help,
The children are able to express thoughts or give responses
regarding the circumstances surrounding the allegation of neglect.
Information regarding the circumstances surrounding the alleged neglect
was not adequately gathered and evaluated.
At the time of the reported incident, neglect did not occur.
Other individuals are aware of the incidents with the social worker,
but are not aware of any neglect.
Siblings are aware of and witness to the incidents with the social worker,
but are not aware of any neglect.
The child are of normal development and possesses the ability to communicate.
They do not communicate indiscriminately with strangers.
It is inconsistent for authorities to accuse children of being in danger
if they freely give information to strangers without their parent’s consent,
and at the same time accuse them of being uncooperative
if they don’t freely give accurate information to strange social workers
when being questioned outside their parent’s presence.
The county’s own website tells children not to give information to strangers.
There are no developmental factors that would negatively affect the children.
The children did not have any responses or feelings regarding the alleged incident,
because it did not occur.
The contact with social services would have been the only thing
that could be regarded as an incident.
These responses and feelings are consistent with what would be expected in this type of situation.
The children don’t perceive themselves as having any role in the situation.
The complaints were made when someone knew that I would be at an appointment.
I do not know if the report was made by a mandated reporter.
However, a name and phone number of someone I know
was revealed on official papers held by the social worker.
I do not know if the initial response was an assessment or an investigation. (90)
I do not know how the track decision was made.
I do not know if the track decision was made at the first meaningful contact.
I do not know if the criteria for tracking was consistently applied within the locality.
When making this key decision, I do not know if the worker was aware that:
the tracking is designed to provide a basis for a child safety plan
and family service plan to remedy or prevent neglect;
it is predicated on the ability of the agency to work with the family and community resources
to develop strategies to ameliorate factors associated with neglect,
if these factors are found to be present in the family;
it is also based on the premise that the most serious or injurious allegations
will be handled in the investigative track.
I do not know if these reports were required to be investigated,
or if the agency exercised its right of discretion.
In evaluating the neglect report,
I do not know if the CPS staff used the Differential Response Chart
to assist in evaluating the report for placement in a Response Track.
I do not know if the complaints resulted (91)
in receiving one, two, three, or four assessments in a year.
I do not know if the Department followed the Chart’s guidelines which recommend that
“After a Family has received three Family Assessments in a year,
the next report shall be investigated.”
I do not know if or when a Family Assessment was changed to an investigation. (92)
I do not know whether the family investigation was incomplete
and new information caused the situation to meet the guidelines for an investigation.
I do not know if the Family Assessment was closed
and a new referral documented to initiate an investigation.
I do not know if a new referral was entered into the information system
and the existing family assessment was closed.
I do not know if a new 45- day period began to complete the investigation process.
I do not know if a referral was switched from an assessment to an investigation
simply because of a perceived lack of cooperation on my part.
I do not know if the Department considered that my action or inaction
caused the child to be deemed unsafe and may have resulted in an action,
such as petitioning the court for a protective order to increase child safety.
If an investigation was initiated, (93)
I do not know which contact constituted the first meaningful contact
which initiated the investigation.
Before conducting the family assessment or investigation,
the CPS worker gave an inadequate explanation of the responsibilities and authorities of CPS,
so I was not aware of the possible benefits and consequences
of completing the family assessment or investigation.
I do not know if any information given constituted
written notification of the assessment or investigation.
I was coerced into signing a statement, but was not allowed to keep a copy.
On one occasion, the worker entered my home.
I did not “permit” him to enter my home.
He coerced me into letting him in with threats.
On several occasions, minor persons residing in the home
refused to allow the CPS worker in the home,
as advised on the locality’s own website.
The CPS worker did not seek the assistance of the court at that time.
The purpose of the assessment was not adequately explained.
The fact that no disposition is made during the assessment was not adequately explained.
The worker did not adequately explain that,
should information gathered during the assessment process
cause the agency to switch the response to an investigation,
I would be informed immediately.
In assessing the immediate danger of the child, (109)
there was no medical emergency,
there was no crisis,
the children were not at risk of neglect.
In assessing the immediate needs of the family,
no injury occurred, so prevention was not an issue.
There was no crisis, so the ability to cope was not an issue.
No family members were at risk.
My family was capable of continuing to ensure the safety of the children in the future.
In assessing safety factors, (111)
I have met the children’s basic needs of food, clothing and shelter for many years.
I am capable of controlling my behavior and am peaceful
I have protected my children from sexual abuse.
I have a positive attitude toward my children.
The children are safe.
I have the knowledge, skills and motivation to keep the children safe.
I have never refused access to the children.
My living arrangements are adequate for the children.
My children are not 6 and under.
My children are capable of protecting themselves,
and there are no disabilities that would be a factor in this.
In assessing other safety factors,
I have consistently obtained medical care for my children.
The children have no symptoms of maltreatment.
I have not overtly rejected intervention.
My explanations are consistent with the facts.
My children are not afraid of their home situation.
My whereabouts are always known to the children and others.
I have no male adult companions who care for the children.
I have no “alleged or observed” mental illness
that may affect my ability to protect or care for my children.
I am not a perpetrator or victim of domestic violence
to the extent that the children are at risk of serious or imminent harm.
I have never intentionally hurt my children,
and if I ever offend anyone, I apologize.
In assessing protective factors, (112, 113)
I always put my children’s needs first, in a timely, consistent and effective manner.
I have always done all I could to protect my children from harm,
and will continue to do so in the future.
I have accepted and demonstrated responsibility to nurture and provide
for the well-being of the children to the best of my ability,
and have shown skills in meeting these needs.
I have the physical capacity to intervene, and have intervened in the past
to keep the children safe from others.
I maintain appropriate and responsible conduct.
I am affectionate with the children.
I have a positive attitude toward the children.
I have allowed the county contact with the children.
I have been receptive to positive interventions that were in the best interests of the children.
I know what is required to prevent harm to the children.
I have the capacity to learn from a situation and apply it to a new situation.
In assessing protective factors that decrease the children’s vulnerability,
the children are all over 6 years old
and have access to people who are willing to provide protection.
My explanations are consistent with the facts.
No injuries have occurred.
I interact appropriately with the children.
Living arrangements that social services perceived to endanger the physical health of the children, and which were communicated to me before the children were taken,
were ameliorated before the children were taken.
The children have always been connected to appropriate services to meet any special needs.
In assessing factors that enable others to protect,
no unrelated adults serve as caretakers to the children.
Children are not exposed to those who abuse.
Family can meet basic needs for food, clothing, and safe shelter.
There are friends who take an active part in protecting the children
and providing them with extra opportunities.
The service worker may have developed a Safety Plan, (115)
which he coerced me to sign, but he refused to give me a copy.
I do not know if a safety plan exists.
Therefore, I am not aware of what services or actions were listed as needing to occur.
I am not aware of how the safety plan was supposed to ensure
the immediate protection of the children.
I am not aware of what services the CPS worker determined
were necessary to assure the children’s immediate safety.
I do not know if the safety plan was documented in the record.
I do not know if there is a list of child safety concerns in a safety plan.
I do not know the results of the initial Assessment of Safety.
I do not know what immediate safety needs were identified.
I do not know what steps were listed for me take.
I do not know what plans or actions were listed
which the social worker would do in order to protect the children.
I was coerced into signing something, but I was not allowed to have a copy.
I do not know if the CPS worker documented what immediate action (116)
was taken to ensure the safety of the children.

If immediate action was not warranted, I do not know if the CPS worker
documented in OASIS the reasons why immediate action was not taken.
The CPS worker determined that the children could not remain safely
in the present living arrangements. I disagree. The children were safe.
Before removing the children from the home,
less drastic alternatives were not considered to ensure the safety and health of the children, such as tangible purchases, tangible services.
The family assessment was not a child centered, family focused, (116)
participatory process that was done with, not for, the family.
The family assessment was built on family strengths.
It did not identify parental capacities and resources within the family and community.
The process did not incorporate parent perceptions of child safety, did not address the presenting complaint, and did not determine services needs.
The family assessment did not involve the active involvement of all members of the family.
It did not adequately address the family’s strengths and needs.
It did not adequately address the issues of children, parent, environment, support systems.
I do not know if the summary listed family member’s perceptions of the situation, needs and ability to meet those needs or accept services to meet them.
I do not know if it includes an assessment of the likelihood of future abuse or neglect.
I do not know if documentation of the family assessment data collection
was entered into OASIS.

I did not receive a Family Service Agreement before the children were taken into custody.
I received something two months after the children were taken into custody.
I did not agree to it, so I do not know how it can be called an agreement.
It outlines the conclusions of the assessment, but many statements are false.
It outlines services to be obtained by the family,
It outlines services to be provided to the family.
It is not real clear who will do what and by when, and what outcome is expected.

[pebbles04]

wow that sounds kind of mirror like with the few minor exceptions...strange how Virginia works isnt it...they never presented me with a ERO when they came to my house to remove my kids..yet I was told later that by law they were supposed to and they never did...I dont think til this day I have still seen an order stating they were allowed to take the kids...they had a report in the courts later that I got that was the reason of why the ERO was placed..or backing it up but I still havent seen an order..

[Dazeemay]

As far as I can see this is an excellent presentation for your friend.

The research you have done is invaluable.

Consider yourself an Advocate.

This research could go in the VA state forum.

As far as your Social Security questions I am sure their is a forum on the internet that can answer those.