My daughter has been fighting DCF for almost two years now. It is clear to me she will never get her daughters back. And it just breaks my heart. She wasnt even at fault for the children to be where they are today. The POS she married years ago did this to her. He always said he would get even with her and it looks like he has.
My question: How long Can these people (DCF) keep dragging there feet?
Question?
Moderators: family_man, LindaJM
-
Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
Are the Children in his Custody?
Usually the Foster Care lasts up to 2 years. Looks like they went pass that time line.
Did he pass the Home Care Study? Usually CPS supposed to check with him and he has to pass the Home Care Study in order to have custody of the Children but not always.
There are so many steps the Mother has to go through:
1. Adjudication Hearing
2. Services (Did she pass them all? or did she do them?)
3. Parental Termination Hearing (Did she go to one?)
There are more Hearings that she must attend. Did she have a Lawyer? What were the Allegations?
Many Ex's always go after for Custody of the Children by making up allegations at one's spouse. Myself included but I won the Cases as I have all the Evidence that he was harrassing me since day one.
Does she have any Police Records of his threats/harrassements? Any Spousal Abuse? She can use that against him. Any Domestic Violence? She can use that against him as well.
She needs to file Intervention and Motions to strike to move GIVEN that she did not attend to these Hearings or was not notified of one. She needs a Lawyer to fight this thing out.
2 years is a long time and seems to be that she has already fought from day one? She needs to prove that he is not a good Caregiver to the Children. Any Domestic Violence or Police Records? Any Evidence? Any Correspondence that she had with CPS Worker such as Letters?
If she feels she had been wronged, and did not do anything wrong, she needs to start all over again and file for Custody of her Children in Court given NEW Evidence to be entered in the Courts.
Did she get her Parental Rights Terminated? That is also important in order to proceed and start over.
Usually the Foster Care lasts up to 2 years. Looks like they went pass that time line.
Did he pass the Home Care Study? Usually CPS supposed to check with him and he has to pass the Home Care Study in order to have custody of the Children but not always.
There are so many steps the Mother has to go through:
1. Adjudication Hearing
2. Services (Did she pass them all? or did she do them?)
3. Parental Termination Hearing (Did she go to one?)
There are more Hearings that she must attend. Did she have a Lawyer? What were the Allegations?
Many Ex's always go after for Custody of the Children by making up allegations at one's spouse. Myself included but I won the Cases as I have all the Evidence that he was harrassing me since day one.
Does she have any Police Records of his threats/harrassements? Any Spousal Abuse? She can use that against him. Any Domestic Violence? She can use that against him as well.
She needs to file Intervention and Motions to strike to move GIVEN that she did not attend to these Hearings or was not notified of one. She needs a Lawyer to fight this thing out.
2 years is a long time and seems to be that she has already fought from day one? She needs to prove that he is not a good Caregiver to the Children. Any Domestic Violence or Police Records? Any Evidence? Any Correspondence that she had with CPS Worker such as Letters?
If she feels she had been wronged, and did not do anything wrong, she needs to start all over again and file for Custody of her Children in Court given NEW Evidence to be entered in the Courts.
Did she get her Parental Rights Terminated? That is also important in order to proceed and start over.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
-
fightingfor3
- Posts: 199
- Joined: Tue Sep 26, 2006 5:40 pm
What about kinship/guardianship? Did they look into any family to care for the children?
There ARE things to help her, but we need more information. Background. Charges, what she has done what she hasn't done, the lawyer, what their excuse is for keeping the kids at this point.
There are several of us who have been fighting for two years, close to two years, and longer.
Their goal is exactly as you say, but there are ways to become empowered and to fight back.
There ARE things to help her, but we need more information. Background. Charges, what she has done what she hasn't done, the lawyer, what their excuse is for keeping the kids at this point.
There are several of us who have been fighting for two years, close to two years, and longer.
Their goal is exactly as you say, but there are ways to become empowered and to fight back.
"The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than their democratic state itself. That in essence is facism." Franklin Roosevelt
"Injustice anywhere is a threat to justice everywhere." Dr. Martin Luther King Jr.
"Injustice anywhere is a threat to justice everywhere." Dr. Martin Luther King Jr.
-
Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
That is what CPS is doing, it is to Prolonging the Case. She needs to keep it there and keep on fighting and do not give up.
Most Foster Care would care for the Children up to 2 years. That is where it is the most crucial for CPS to do something about it by prolonging her into unpleasant stuff like saying she won't get the Kids and what nots.
If her Home Study is passed. Her Kids should come home, period. As long that she STILL has Parental Rights., she still have the Rights to having the Children back home since she has exhausted everything.
I think what she needs to do is to hang in there and keep fighting and not to give up. She will get the Children back if her Lawyer presses on.
Several Members on this board had similar experience up to 2 years and they had won because they fought back.
Most Foster Care would care for the Children up to 2 years. That is where it is the most crucial for CPS to do something about it by prolonging her into unpleasant stuff like saying she won't get the Kids and what nots.
If her Home Study is passed. Her Kids should come home, period. As long that she STILL has Parental Rights., she still have the Rights to having the Children back home since she has exhausted everything.
I think what she needs to do is to hang in there and keep fighting and not to give up. She will get the Children back if her Lawyer presses on.
Several Members on this board had similar experience up to 2 years and they had won because they fought back.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
Update:
She got one child back yesterday. the other child is still in the system. The order called for reunification once the child that is currently home get her intake for drug awareness classes. Seems she ran away and smoked pot. so once the intake for that is done. the other child comes home.
I think thats wrong. One but not both. what kind of stupidity is that?
She got one child back yesterday. the other child is still in the system. The order called for reunification once the child that is currently home get her intake for drug awareness classes. Seems she ran away and smoked pot. so once the intake for that is done. the other child comes home.
I think thats wrong. One but not both. what kind of stupidity is that?
-
lostintranslation
- Posts: 330
- Joined: Thu Sep 01, 2005 11:02 am
Unfortunately, sending one child home at a time is pretty standard. Their reasoning behind it can vary from 'you need to get this child in services first' to 'we don't want you to feel overwhelmed going from no kids in the house to X kids' There are hundreds more rationales they may try to use.
They tried that with us and everyone involved in our case said a very loud, resonding NO. All three of my boys came home, together. The way it should be. Hopefully, the reunification of the other child doesn't take too long. Tell your daughter to stay strong and to hang on. There is definitely light at the end of her tunnel and she is getting closer to it.
They tried that with us and everyone involved in our case said a very loud, resonding NO. All three of my boys came home, together. The way it should be. Hopefully, the reunification of the other child doesn't take too long. Tell your daughter to stay strong and to hang on. There is definitely light at the end of her tunnel and she is getting closer to it.
Hell hath no fury like a parent scorn
-
Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
It is like in any Hostage Situation, Pay up then you get the other Child. You can get this Child, but I am holding this Child unless you "Pay up" (complete Services of Intake Drug Assessement) Whatever. But that is what it is. A Plain Hostage Situation.
It is stupid, yes in my opinion, but it sounds like a Threat to me. Why release the first child and not the second? Why not Both?
If I were you, I would advise this situation with your Lawyers, and ask them if this is "standard" by the Law. Maybe the Lawyers will write a Letter to them to state the "obvious" and ask them why they release the first child and not the second if they don't see any "imminent danger" to the said child?
THERE ARE NO IMMINENT DANGER because they released the first child, so THEREFORE, there are NO IMMINENT DANGER To the second child and the Child should come home as well.
I think the Lawyer will state that the Mother has to take a Drug Test but still can get the Second child back home while she takes it.
Why not?
It is stupid, yes in my opinion, but it sounds like a Threat to me. Why release the first child and not the second? Why not Both?
If I were you, I would advise this situation with your Lawyers, and ask them if this is "standard" by the Law. Maybe the Lawyers will write a Letter to them to state the "obvious" and ask them why they release the first child and not the second if they don't see any "imminent danger" to the said child?
THERE ARE NO IMMINENT DANGER because they released the first child, so THEREFORE, there are NO IMMINENT DANGER To the second child and the Child should come home as well.
I think the Lawyer will state that the Mother has to take a Drug Test but still can get the Second child back home while she takes it.
Why not?
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
Return to “CPS Investigations”
Who is online
Users browsing this forum: No registered users and 29 guests