Case help needed (long)

[R]

Hey there,
Some of you may know our story, but I'll give you the rundown anyhow as I have a few questions. Just so you know, we are in GA.
Our 5 month old son was found in his crib not breathing. He was rushed to the hospital where we were told that the doctor thought it was SIDS. He was placed on life support, and the following day a CT scan showed a skull fracture. We were never asked by anyone about accidents/injuries etc... but 5 days prior to this, I had accidentally dropped him on his head when my 4yr old ran past me and pushed me.
DFCS was called as the fracture was considered suspicious, and they took our 4yr old. We did not find out until the following day that the 5 month old had a fracture, we still thought it was SIDS. The baby was taken off of life support, and the same day we were forced to go to a "team decision meeting" regarding our 4yr old.
We had court the following morning (72hr) and were awarded unlimited visitation with our 4yr old. He was placed with his grandparents, and 4 days later was ripped from their home because we supposedly had violated the court order by spending the night. It was cleared with the Judge that we had done nothing wrong, he had no problem with us spending the night, but of course the court can't tell DFCS where to place a child, so he ended up in foster care for 3 weeks before being placed with a relative.
Fast forward to the beginning of April, we are given an adjudacatory hearing where the Judge finds "limited deprevation" based on the fact that our 5 month old obtained an injury which is unexplained (DFCS and Dr at hospital do not accept that a fall from 4ft can cause a skull fracture, even onto a hard kitchen floor). The Judge states that DFCS did not prove their case but, even so he will find the "limited deprevation." He gives us back legal and physical custody and places a protective order for 90-120 days.
Now here's where I'm having an issue.
The CASA then at this point jumps in and asks the judge for a psychological evaluation on my husband. The DFCS attorney jumps on this and the judge grants it. We only agreed if we could choose the person, and DFCS has to send a list, and so DFCS has sent us a "list" of 3 people.
I refuse to be pushed into using their people. I have already set up an apt. with a christian psychologist who is certified to do forensic evaluations. I figure even if we have to use someone else later, we have this one and as far as I can tell, they cannot force us to use someone who is against our religious beliefs (we are christian, no biggie but I would think we should be able to use a christian couseler if we wanted).
What I guess I am looking for is, I think they are setting us up-
Any ideas on their next move or what would you do?
Also I want to appeal the deprevation based on the fact that the Judge stated that DFCS did not prove their case, and that as far as I can tell, they cannot find deprevation on the parents if the parents did not do anything (ie.. while husband was last person to see child as he lay him down for nap, we were gone for 1 1/2 hours before he was found by my sister and had stopped breathing approx. 10 min prior)-
Any ideas???? Thanks in advance.
Rae

[RKeyser]

record all actions done by yourself and the CASA workers and all case workers involved, go to the person you have chose for the eval since it looks like the judge had no problem with it, however, be careful cause many judges will not stand up to dfcs. If you have your child back go ahead and do the eval but make sure you have copies of all sessions. keep track of dates and times of all contact, do not, and I repeat,, do not let them in your house! once in they have you by the shorts, take a firm stand, but remember to pick your fights and give them just enough rope to hang them self, but do it in a way that you nor your family gets caught in the same rope,, God bless

[R]

We have ordered the transcripts so we can see exactly what the Judge stated regarding this. As far as I recall, he agreed we could choose the doctor. We do audiotape everything, and have copies of all paperwork including all transcripts from the 72hr hearing etc... Does anybody know the appeal process in GA? Can we even appeal a deprevation?
Rae

[Bob_Lynn]

Any court order can be appealed but an appeal can only be based on a question of law, not on a judgment. If a judgment is based on a false legal assumption and the appeals court finds such, an order can be reversed or vacated and the case may be remanded back to the lower court.

[kdddav'swife]

Hey Britney Spears baby boy was accidentally dropped from his high chair and supposedly sustained a skull fracture. Maybe the publicity from this incident with her baby will make more doctors realize that a baby can sustain a skull fracture from 4 feet.They ought to know that already. CPS came out to her home too but closed the case. Interesting huh? I guess that CPS is afraid to come after her too hard since she can afford an arsenal of the best attorneys that her zillions can buy.

[R]

It is VERY common that a child sustains a skull fracture from a short fall. Many people have told me their child sustained one from rolling off a changing table or even a bed. I had a lady from my husbands work call me who's daughter's friend's baby rolled off their bed when the mother got up to use the restroom. She called emt's, they said baby was fine but take him to hospital to check anyhow. They took him to the hospital and the doctor called DFCS. DFCS came and took the baby stating that she had to have thrown the baby against a wall or cabinet for him to have a skull fracture. They said the exact same thing in our case, which makes me furious. Since when did being a caseworker make you a medical doctor. I have more medical training than they do and I'm a vet tech. Ugg. Sorry. I am just so tired of being drug through the mud on this.
Rae

[Dazeemay]

Have you filed any dec of facts, objection corrections forms so that the judge can see the whole picuture?

If you did then did you put info about how skull fractures with infants can happen?

[R]

Ooh yeah, we had everything we could think of. The doctors at the hospital and the medical examiner got up and said it was possible, but not likely, and while they stated that the skull fracture none of them could say that he didn't die from SIDS and the judge said, well they said it wasn't likely, and I'm still going to find limited deprevation based on the fact that you are the parents, you should always know what is going on with your children. While I agree with the premis, he based deprevation on nothingness while the standard in "clear and convincing" which is why I wonder if we can appeal.
Rae

[R]

Oops. I realized that was not clear. To rewrite, the medical examiner stated that the fracture was not the cause of his death, that he was ok and showed no symptoms and the doctors could not rule out SIDS except that SIDS by definition is death and he was not pronouced until 2 days later so by definition, they could not rule SIDS. I think that was clearer.
Rae