Need Legal help in Oklahoma ASAP

[rac]

My husband and I have court on Thursday. We are looking for a good lawyer to stand up to CPS. It is for the ajudication of our youngest daughter and a review of other cases.
Thank you for your help.

[good dad]

Hi welcome to the site

It is for the ajudication of our youngest daughter and a review of other cases

We need to know more about your case(s)......

This is the hearing where you need to present your side and all of CPS's mistakes and hope the judge agrees or else they could be in your life for awhile...

I know of no good lawyers in Ok. ...(or even a bad one)

And to hope to have one present a good case by Thursday is slim..

Give us more info and we may be able to "help you" present your side more effectively..

[Dazeemay]

http://forum.fightcps.com/viewforum.php?f=49

This was just posted on the Oaklahoma forum about an attorney who does legal help.

The Foley Law Firm

http://www.okclawoffice.com/Pag.shtml

[rac]

Thank you for the information, I will be calling shortly.
Rachel

[rac]

I called the office and he is not taking any new cases at this time. We are meeting with and attorney tonight at 5:00 pm. and one before court on Thursday. One of them said to stipulate the ajudication on Thursday the other is saying not to stipulate.

It's a messed up deal, on the first case with our son our then attorney told us to stipulate, so the case would go faster and we would get our daughter back. We got our daughter back in September, only to have her taken again in December. They stated that our daughter at 3 yrs. old was failure to thrive, and accused my hubby of child abuse. I had moved to a shelter, after a so-called friend threatened to call dhs on me. I was told if I stayed at the shelter I could keep my daughter. And two weeks later they came and took her anyway while I was still residing in the shelter. And accused me of Failure to protect and all that other junk.

So I left the shelter and went back to living with my husband. Which they did not like at all. We fought ajudication on Abigail in Febuary and lost. So my husband told the attorney at the time what he thought of the job he was doing, and then the attorney wrote a letter 3 days later to resign from our case.

I am thinking no stipulation, and no signing the new treatment plan, or can you refuse to sign a treatment plan in court? When to file a motion. Thank you

[good dad]

We fought ajudication on Abigail in Febuary and lost.

Did you sign a caseplan/service plan after that?

[rac]

Unfortunatly yes. When do you file motions? Can you not sign one in the court room.

[Dazeemay]

http://www.fightcps.com/oldsite/library.htm

Info on motions

[good dad]

What type of motion are you thinking about filing?

[Bob_Lynn]

When do you file motions? Can you not sign one in the court room.

Again, please correct me if I'm wrong.

There are 2 kinds of motions.

1. A written motion that you file in a case, outside a proceeding.
2. An oral motion during a proceeding.

The answer to your question is #2.

If you have an attorney representing you in a case, only your attorney can file a motion in that case, unless you motion to remove your attorney from the case.

[rac]

I am not sure yet, we want to fight ajudication and are not sure what to do to fight it. Do you have to sign a caseplan in the courtroom? The judge has been pushing for a court appt. attorney and we don't want to take one. Would it be better to take the court appt. attorney or to represent ourselves?
Thank You

[rac]

At this time we do not have an attorney. We do want our children to come home.

[Dazeemay]

Would it be better to take the court appt. attorney or to represent ourselves?

How confident do you feel about representing yourself?

If you take a court appt attorney you have to make him do what you want and not what he wants.

There are forms you can fill out such as a Declaration of Facts and Objection Corrections to file at the court house. I can give you all the info you need to put in them. These forms are imperative in any hearing especially the adjudication hearing.

Lawyers do not like to file these because paid lawyers want to make more money and court appt usually do not know enough to do it or are too lazy.

[Dazeemay]

I have another thought.

If you take the court appt. lawyer and I am sure they would do that tomorrow in court or tell you today. Which means s/he is not going to know enough about your case.

However, you must do these forms and then give them to the court appt lawyer, the judge, cps lawyer, GAL if their is one. You can give these in court because you do not have time to file them. This way you have some type of representation and yet you have gotten all of your case into court and filed.

Go to this link and get the forms I mentioned in my above post.

www.geocities.com/whosyurmamma/start.html

Then I will give you some case laws, parents rights etc to put in them where applicable in your case.

Any petitions you have you must use in the Object Correct form.

[rac]

I tried clicking the form to fill it out and it didn't work Do I need to download it first.
Thank You

[Dazeemay]

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)

[Dazeemay]

Obejections and Corrections : This form is for Objections And Corrections . Anyt thing that isnt true or you object to put it in here and any mistakes made in your paperwork put it in here also .


NOTES:

Everything in brackets [ ] will need to be deleted and/or replaced with your information.

Number each page at bottom center: "Page 2 of 5" for example.

Put a header on each page stating "Objections and Corrections to the Report of the Child Welfare Caseworker" and underline that plus leave a few spaces to separate the header from the body of the document.


--- document starts here ---


[Parent's Name]
[Street Address]
[City, State Zip Code]
[Phone #]

[Change this next part to match the header information for your court case. You should be able to get this information from other paperwork already filed in your case. Try to make the header match what they have already done.]

[Center the next four lines and type in all caps:]

IN THE [SUPERIOR] COURT OF THE STATE OF [CALIFORNIA]
IN AND FOR THE COUNTY OF [LOS ANGELES]

SITTING IN THE EXERCISE OF ITS JURISDICTION
AS THE JUVENILE COURT




IN THE MATTER OF: ) OBJECTIONS AND CORRECTIONS
) TO THE REPORT OF THE
) CHILD WELFARE CASEWORKER
)
) Clerk No.
JOHNNY DOE, JR (DOB 4-5-1992) ) 33933 (get numbers from YOUR paperwork)
JANIE DOE (DOB 2-3-1996) ) 33637
------------------------------)
Persons alleged to come ) Detention Date: March 21, 2000
within the provision of ) Disposition Date: June 2, 2000
the Juvenile Court Law ) Review Date: December 15, 2001
______________________________)


To the Honorable INSERT JUDGE'S NAME HERE IN CAPS, Judge of the [Superior] Court of the State of [California], in and for the County of [Los Angeles]:

[Double space the rest of the text. Indent paragraphs ten spaces.]

The Honorable Court above-named is hereby advised that the REPORT OF THE CHILD WELFARE CASEWORKER herein, as prepared and typed is ERRONEOUS AND INCORRECT in the following particulars, to wit:


[Here's where you get to be creative. Go through your caseworker's court paperwork and find every error, no matter how trivial. Even trivial errors show how incompetent the person is. You will list each error separately with corrections as in the sample. This sample is derived from an actual case I worked on in 1991. The names, dates, and some details were changed. The case I worked on was dismissed after similar paperwork was given to the judge. Remember to double space everything below. -- Linda]


1. Page One: JOHNNY DOE is not 8 years old. He was 10 as of April 5, 2002.

2. Page One: Mother's name is ELIZABETH SMITH, not Doe. Address given by caseworker is incorrect.

3. Page Two: COUNT 1: "On or about March 21, 2000, minors were found to be dirty." Minors were out playing in the yard, climbing trees to get fruit, and doing what most kids do when playing outside, getting dirty. There was nothing abnormal about their being dirty.

4. Page Two: COUNT 2: The caseworker erroneously stated, "Mother has recurrent mental problems that periodically render her unable to care for children." Mother's mental problem was temporary due to stress from her husband's deportation, her father's death, and the detention of her children by CPS. The problem is not recurrent and does not "periodically render her unable to care for the children" as suggested by the caseworker.

5. Page Three: "November 15, 2000" court date given by the caseworker is incorrect. The correct date is November 12, 2000.

6. Page Three: The Doe children were not taken after the mother was admitted to Bellview Mental Hospital. A caseworker arrived to detain the children from their grandmother's house and then advised the mother to allow herself to be admitted to Bellview because she was grieving and upset.

7. Page Three: On March 21, 2000 when Janie and Johnny were detained from their grandmother's home they were not injured, neglected, or abused in any way.

8. Page Three: Problems with police officer on November 1, 1999 occurred when police arrived to arrest Mr. John Doe, Sr. for deportation and the mother was cuffed and beaten by the arresting officer. This arrest does not affect or reflect on the stability of her current home life with her new husband, Mr. Thomas Smith.

9. Page Three: Mother quit her job on June 20, 2001, not "shortly after her marriage" as stated by the caseworker. The job is no longer needed for support of the family as her new husband is earning enough to support them and is willing to do so. Mother is needed at home to care for the children.

10. Page Three: Date of marriage to Thomas Smith is incorrect. The correct date is November 29, 2000.

11. Page Three: "Mrs.", not "Ms." - The caseworker knows that Mrs. Smith is not separated from her husband, but throughout the report she implies that Mr. and Mrs. Smith are not together.

12. Page Three: While her husband was visiting family in Nevada, Mrs. Smith called Dr. Hoar only twice for advice during a two week period, not "frequently" as stated by the caseworker, and those calls were only about Johnny's behavior, not about both children.

13. Page Three: Mrs. Smith has not only "largely complied" with the Reunification Plan, she has completely complied with all aspects of the plan.

14. Page Three: Mrs. Smith never told Dr. Hoar that she "couldn't handle Johnny anymore and wanted to give him up," as stated by the caseworker. What actually happened is that Dr. Hoar tried to talk Mrs. Smith into giving him up and putting him in a mental hospital. Mrs. Smith did not want to do that. During the session Mrs. Smith did not state that she had been upset.

15. Page Four: Janie does not have "sporadic behavior problems" in her home or at school as suggested by the caseworker. At home the mother has never seen indications of such problems and has received no such reports from Headstart. Attached please find "Exhibit A" - a letter from Headstart stating they have not observed or complained of any "sporadic behavior problems" from Janie.

16. Page Four: Johnny's behavior problems are only occasional and not a "continuous problem" as stated by the caseworker in her report. Attached please find "Exhibit B" - an evaluation of Johnny's behavior by Dr. Goodman in San Francisco, dated November 3, 2001.

17. Page Four: The improvement in Mrs. Smith's parenting has been going on for years, not just for the last few months. Attached please find "Exhibit C" and "Exhibit D" - certificates of completion provided by parenting class instructors in January 1997 and November 2000.

18. Page Four: There has been no "substantial, recent regression" due to a separation from Mr. Smith. Mr. and Mrs. Smith are still living together; he simply took a two week vacation to Nevada to visit his sick mother. Therefore this should not be used as a basis for the caseworker's request for another six months of services at taxpayers' expense.

19. Page Four: Dr. Hoar wants the case prolonged for another six months because once the case is dismissed the mother will find a different therapist, and Dr. Hoar will no longer be receiving CPS money for seeing her and her children. Therefore, Dr. Hoar's report should not be considered by the court. Mrs. Smith intends to find another therapist for the children when the case is dismissed as the children do not like seeing Dr. Hoar as therapist, and are even afraid to tell this to him. Under these circumstances, it is unlikely the children will progress adequately in therapy. For these reasons, Mrs. Smith's request to have Dr. Hoar removed from the case can hardly be called "an indication of poor judgement" as stated by the caseworker. She did so solely for the benefit of the children and with concerned regard for their psychological functioning.

20. Page Four: Recommendation that the minors be readjudged dependents of the Juvenile Court is inappropriate as the family has been functioning well during the last six months that they have been together. The case should be closed at this time.

21. Pages Four and Five: Recommendations 2, 4, and 5 are also inappropriate as the case should be closed.

22. Pages Six and Seven: Service Plan for mother and caseworker is inappropriate as the case should be closed.

Executed 10 December 2001 at Los Angeles, California.
I declare under penalty of perjury that the foregoing is true and correct.




_________________________________________
Elizabeth Smith

[rac]

Do I take the sample and fill it out as a Word document?

[Dazeemay]

All of these links have pertinent information to put in your Objections and Corrections form. You need to insert them where applicable. For instance if they accused you of spanking your child then there is a spanking case law that is in your favor. And you would put that in when you state that you did or did not spank your child.

I have an appt. I have to go to so, I hope this helps and you need to get this done by tomorrow I realize.

Also the reason you need to do this is because it can make your case being on such short notice. Also you need to have everything filed and this will do it by handing them out tomorrow. UPS can notarize these for you.

http://forum.fightcps.com/viewtopic.php?t=4194

The above link gives you different case laws on your Parental Rights

Especially pay attention to the Parental Immunity on this next link

http://forum.fightcps.com/viewtopic.php?t=4089

This is your parental constitutional rights on this link

http://forum.fightcps.com/viewtopic.php?t=1870

This next link gives you your states constitutional rights

http://forum.fightcps.com/viewtopic.php?t=4177

[rac]

Yes it is very helpful. I appriciate your time and concern. I will let you know how things turn out tomorrow.

[rac]

Does my husband need to type out his own?

[Dazeemay]

Definitely.

This is a lot of work on short notice I know, but it can do wonders if you have the right judge. It all boils down to the judge as you probably already know.

These are so important too because once your case is closed then if you want to appeal it will determine if your appeal will go through.

[rac]

Can I protest what is in old petions, or just in the new one?

[Dazeemay]

Is your case closed in the old ones?

[rac]

No, our oldest two children are in foster care. They have already been ajudicated. We have been going for reviews in their cases.