need help despirately

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wms52136
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need help despirately

Postby wms52136 » Thu Feb 15, 2007 2:19 pm

Ok. I went to court this afternoon, and the Commissioner stated he regrets the decision he made in my TPR trial back in August and September, 2005, and he's revisiting permanancy on 4/17, in just over 2 months.
I'm getting tired of all of the BS the state is trying to pull (actually, I've BEEN tired of it, but today was the last straw). I need to know what motions to file, since my attorney is basically telling me that its MY fault its dragged on this long, although I've done EVERYTHING I was supposed to do, and then some, in order to go before the Judge Magistrate for the St. Louis County Family Court on my own and make the state present FACTS and not OPINIONS, which is all they've been presenting all along. I want my son back, and I want to protect my unborn son from having to go through this. Right now, I'm so scared I don't know what to do, what to think, and I can't stop crying. My best friend, the one who I'm trying to get Sean placed with temporarily, is trying to figure out why my attorney didn't say anything about the lies the state was telling about her and asked me why. Like I know? Oh yeah...she's a PUBLIC DEFENDER who thinks I'm guilty, so why fight?
Also, the Commissioner has the time line all screwed up. My soon-to-be-ex-husband and I WERE together at the time of the TPR trial, but he seems to think that we were being dishonest and NOT together at the time. We didn't separate until late October, 2005, and even then, I didn't move out until February, 2006.
What can I do? I don't know what motions I need to file or what I need to do. My attorney is AGAINST me going before the Judge Magistrate, but that's my ONLY option to get my son back. And also, the only alternative I can see to protect my unborn son (aside from very quickly moving over to IL to keep MO away from him). Any advise or suggestions or at least someone knowledgable with how St. Louis County operates to be able to tell me what to file? I'm despirate and its coming down to the 11th hour.

Wanita :cry:
There is no greater injustice in this world than taking a child from his or her loving family.

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Postby good dad » Thu Feb 15, 2007 3:57 pm

Hi welcome to the site..

the Commissioner stated he regrets the decision he made in my TPR trial back in August and September, 2005, and he's revisiting permanancy on 4/17, in just over 2 months.


He TPR'd you in 2005 and is reopening permanancy now? How did you get this to happen? Usually once your TPR'd and past the Appeal timeline it's over..

You will need to file a "Declaration of Facts" and an "Objections and Corrections to the caseworkers reports"
(samples are here) http://www.fightcps.com/oldsite/library.htm

If you need help or other questions, just ask :wink:
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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Postby Marina » Thu Feb 15, 2007 4:09 pm

.
.
Maybe you can ask for a different attorney.

Some appeals can be based on inadequate legal representation.



Here is the federal child welfare website.

http://www.childwelfare.gov/

Here are links to state laws and policies

http://www.childwelfare.gov/systemwide/ ... /index.cfm
.
.

wms52136
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Postby wms52136 » Thu Feb 15, 2007 4:25 pm

No, he didn't TPR me back in 2005. He found in FAVOR of my husband and myself and said there was no evidence to support a TPR. Now he regrets his decision. He stated that part of his decision was based on the fact that my husband and I were together, but he thinks that we were actually separated at the time of the trial (and, BTW, divorce is NOT a TPR'able offence), even though we WERE together at the time.
I hope I didn't confuse anybody there???
And I've been on this site for about 2 1/2 years, but forgot my password and the e-mail address I had when I first joined is no longer valid, so I had to create a new "account". But thanks for the welcome! lol

Wanita
There is no greater injustice in this world than taking a child from his or her loving family.

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Postby Bob_Lynn » Thu Feb 15, 2007 5:36 pm

Please review the information on the LIFE (Liberty Independence & Family Equality) website at http://www.life-vs-cps.com/ , especially the following sections:

The Family Court Hearing - A Constitutional Defense at http://www.life-vs-cps.com/index_files/Page357.htm

Termination of Parental Rights at http://www.life-vs-cps.com/index_files/Page353.htm

If your attorney is not helping you, you must either find one who will help you or take the case on yourself. No attorney is better than a bad attorney and a bad attorney can destroy your family. To fight a Constitutional Defense, you have the best chance when you fight the case sui juris (preferably) or pro se.

None of the above is legal advice and always remember that you are the best judge of what's in the best interest of your family and your children.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

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Postby Greegor » Sat Feb 17, 2007 2:44 pm

Good luck in your fight!
Attorney management is a pain.
You have to MANAGE you attorney.

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Postby Marina » Sat Feb 17, 2007 4:51 pm

I have never heard of what you are describing.

Were there new allegations?
Was there a new case plan?

It seems to me that if they want to reverse the original ruling, then that would be double jeopardy.

If it is new case, then yes, they can keep coming back to try and get you.

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Postby Frustrated » Sat Feb 17, 2007 6:37 pm

They will use PATTERNS To come back and make more new Cases against a Family. They can use Pattern of Abuse in TPR saying there was a pattern repeatedly over and over showing risk of harm. I would hear things like that in almost every Case I have heard of. They will bring up Patterns and say that there is a risk to these Children and your parental rights should be terminated.
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

wms52136
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Postby wms52136 » Sat Feb 17, 2007 9:40 pm

The GAL is trying to use the fact that I believe in corporal punishment against me, stating that she feels my son would be harmed if returned given the "pattern" of abuse. My son was never abused, but they are using my older two children's case against me (which they have been from the start). I explained all of that almost 2 years ago, and don't feel like getting into it right now (its too late at night for me to want to go into details...I'd be up for a few more hours if I did, and I'm tired...but I'll try to explain later on.
So, yeah, they're trying to CREATE a "pattern of abuse". The only thing I'm going to go into detail about with the other case (the stupid voluntary TPR back in 2002 - to protect my son - again, STUPID me for listening to that attorney - I have since learned - and one hell of a lesson to learn, too) is that I was accused of abuse and neglect, but it was never proven that I did it (because I DIDN'T), but the state is trying to say that the FACTS of the matter was that I DID, yet it was never CONFIRMED who actually abused them (although I told the social worker on the case at the time who did it - she told me to "quit making excuses, Mrs. Talbot, and just admit that you abused your children. Things would go so much easier for you if you do!" and then wondered why I hung the phone up on her). So, the state is trying to say that I abused my children is a FACT, and then use that to establish a PATTERN.
How can there be a PATTERN of abuse if the child I'm fighting to get back has NEVER been ABUSED? Its absurd!
BUT, on the bright side, once they file their petition and it is granted, I'm filing a motion to have a trial by jury, so that I can get it OUT of the juvenile court system and into the circuit courts. If I am DENIED a trial by jury, I then will file a motion to have the Commissioner recuse himself. If that STILL doesn't work, I'm going to file a motion to have him FORCIBLY removed from the case due to violating my 7th ammendment right to trial by jury and then file a motion for immediate dismissal due to the violation of my rights. Then, I'll file in FEDERAL court about the juvenile court commissioner violating my FEDERAL right to trial by jury. Oh, the state's head is going to SPIN so fast it'll look like a scene from the Exorcist!
Oh, yeah, btw, I'll be doing this pro se, so, needless to say, I'm a bit nervous about it, but not scared. Well, maybe a LITTLE scared, but I refuse to show it...the state is like a dog - they smell fear and then attack.

Wanita
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Postby Frustrated » Sun Feb 18, 2007 6:12 am

Yes that is similar to my Case in 2001. But now they can't go against me anymore on that because the Canadian Law has passed for Parents to use that kind of discipline. But they used Pattern of Abuse just to make justification of their Case. You see, my Case went before the Criminal Court for Child Abuse but the Judge just flat out dismissed the case and had it withdrawn. He says there are NO EVIDENCE OF IT. He said the case is dismissed based on lack of evidence.
Then they had the balls to keep coming back for more showing Pattern of Abuse. They said to me "there is a pattern of abuse so that's why we are after you." I had 7 cases for the past 7 years, yeah that's pattern to them. It is pretty absurd because there was NO Evidence of any wrong doing. Parental Rights to discipline their Kids within boundaries are acceptable. Then they tried to justify that these are not acceptable. Then I asked them what is discipline? Then they preached all the holy stuff saying all their way is better than mine.
Then I found there was a Spectrum Assessement Risk Chart that you can use, it shows risk of harm with all the level One, level two, level three. I am not even in the risk chart, I was on the lowest level which means there are no cause for concerns. Then they said there was a Risk of "Future Harm".

eh? Future? I thought the Case was about the NOW, and Previous. How can you foresee the Future that it will happen? Now are they pschyic?
It is absurd to foresee the Future. It did not happen. But the thing is they tried to use Pattern of Abuse but they know there are NO EVIDENCE to support that fact. :roll: There are no wrongdoings and my children were never abused.
Then they tried to use Counselling for their fishing expidition for Information. Trying to collect Evidence through Counselling is downright rotten.

Yeah, they tried to make me admit to it and said it will be easier If I do. That's a LIE! There was no Abuse and no evidence to support that. They kept on pushing it is pretty absurd too. I would say that is Emotional and PSch. Abuse on their part pushing you and me to ADMIT for something we did not even do anything wrong......
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

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Postby Frustrated » Sun Feb 18, 2007 6:20 am

You can use the Spectrum Risk Assessement Chart for Court. I know these Charts are somewhere on these Boards. I know of one member tried that in Court and got the Case dismissed because of that Chart alone.

What State are you from? Usually there are States where the punishement are allowed, especially California. Canada Government just passed it I think last year or the year before. You can check in your State to see if it was even allowed and use the Law against them.

There are alot of stuff you can use in Court. Declartion of Fact Sheet is a good start.
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

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Postby wms52136 » Sun Feb 18, 2007 10:05 am

eh? Future? I thought the Case was about the NOW, and Previous. How can you foresee the Future that it will happen? Now are they pschyic?
It is absurd to foresee the Future. It did not happen. But the thing is they tried to use Pattern of Abuse but they know there are NO EVIDENCE to support that fact. :roll: There are no wrongdoings and my children were never abused.
Then they tried to use Counselling for their fishing expidition for Information. Trying to collect Evidence through Counselling is downright rotten.


Well, the reason my son was taken was on "the assumption that something MIGHT happen to him in the FUTURE". I guess the state looked in their little crystal ball and said something like "Oh, as a toddler, he's going to fall down and skin his knee. That's neglect on the parents' part. We must take him NOW to prevent this from happening".

Wanita
*don't mind the sarcasm*
There is no greater injustice in this world than taking a child from his or her loving family.

wms52136
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Postby wms52136 » Sun Feb 18, 2007 10:11 am

Frustrated wrote:You can use the Spectrum Risk Assessement Chart for Court. I know these Charts are somewhere on these Boards. I know of one member tried that in Court and got the Case dismissed because of that Chart alone.

What State are you from? Usually there are States where the punishement are allowed, especially California. Canada Government just passed it I think last year or the year before. You can check in your State to see if it was even allowed and use the Law against them.

There are alot of stuff you can use in Court. Declartion of Fact Sheet is a good start.


Do you mean the chart or is spanking legal? Here in Missouri, spanking is a perfectly legal form of discipline AS LONG AS you don't leave any marks. The most I have EVER done when it came to spanking my kids was ONE SWAT on their butts (and those butts usually had a pull-up on them) and back into the corner with them, unless you count slapping their hands for trying to grab something (like a put from the stove when I was cooking, knives from the drain board after I washed the dishes, etc), and even THEN it didn't leave any marks, but it let them know that mommy meant business. I'm a firm believer in time-out, but you can only put a kid in time out so many times for the same "crime" in one day before you give them a single swat on the butt and put them BACK in the corner. THAT was what made them realize "maybe we shouldn't do this!"
Besides that - I was spanked as a child and I turned out just fine - no criminal record, no drug use, etc. My mother is PROUD of the way I turned out, and I was planning on rearing MY kids the same way I was. Ugh.

Wanita
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Postby Greegor » Sun Feb 18, 2007 10:36 am

Spanking legal as long as you don't leave any marks?

In my family, resting an elbow or getting up from
a CHAIR leaves a red mark.
Pale Nordic complexions are a real nuisance.

Are you sure the law in MO isn't about leaving a mark
that lasts more than x hours or X days?

Most states divine spanking from abuse by whether
marks are left beyond so much time.

A High Federal court actually ruled that this hair splitting
is NOT the business of CPS, period.
(Even where a kid has a hand print that lasts three days)

The problem is that where the state and Feds differ
you could be wrapped up in a LOT of process taking
years. There are several other legal conflicts like that
where the Feds have to overrule the state before you
get a right you are entitled to.

wms52136
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Postby wms52136 » Sun Feb 18, 2007 3:50 pm

Well, the law doesn't say anything about a timeframe, just as long as you don't leave any marks. Believe me...with my daughter, that was hard because she was anemic and if you even LOOKED at her funny she'd bruise. Isn't it pathetic? But would the state even LISTEN in that case? NO. They wouldn't allow her medical records in as evidence.
And, yes, with that case, after my stupidity of voluntarily signing my rights away (yes, again, I learned the hard way), after I hired a NEW attorney (the one who had to step down as my council last year because my husband and I are getting divorced and he could no longer represent the both of us), he filed a motion to reconsider, which was denied, and I couldn't afford to pay an additional $1000 for an appeal (I spent $3000 of our savings to hire this guy in the first place and couldn't come up with the extra money for the appeal before the statute of limitations ran out). Figures.

Wanita
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Postby Frustrated » Sun Feb 18, 2007 7:12 pm

I meant you can use the Eligilibility Spectrum Assessment Model to assess the "Risks" that you may have with your Children in your Home. If the Model shows that you are low risk then it is not a case for TPR. Only for high risks, they can. But remember they CANNOT USE THE MODEL if the Child is in imminent danger.

Now, now...the topic on imminent danger of harm is a long story, they need to PROVE that the child is in imminent danger of harm within 24 HOURS to a Week. Do you still have your Kids right? or are they removed? If you still have the Kids, the Imminent danger of harm does not EXIST. Because they have to act within that window and use the high risk from this Model that they use all the time. If there are no imminent danger of harm, and you are not in HIGH RISK, then there are NO REASON FOR TPR!

And you can argue in Court that the Law for MO. allows this and it is legal. You can use three arguements against CPS:

1. Eligilibity Spectrum Assessment Model, whether high risk or low risk.

2. Legal Spanking in MO.

3. Imminent danger of Harm and the Time line. They have to act within 24 hours to a Week and remove the Kids...well they probably didn't so they are NOT IN ANY DANGER OF HARM OR ANY RISK OF BEING HARMED! Why did they sit One year and say all of a sudden you need TPR just because? They would have acted LAST YEAR. What are they waiting for? Oh yes, that's right, waiting for the FUTURE TO happen! So they are waiting for something to happen, then TPR you? It does not make sense. In fact it is pretty absurd to me. Why wait for SO LONG and nothing happened to the Kids?

Remember CPS can bring up all kinds of things like they did with me....Pschychartic Assessment on the Kids, Testing, Counselling and Therapy. They can order all they want and still JUSTIFY for TPR.

For TPR< the Kids has to be in imminent danger of harm, and was in fact ABUSED REPEATEDLY. Drug Abuse, Past Histories of Abuse and Domestic Violence, and so forth. Look at Eligilibility Spectrum Assessment Model and you will know what I am talking about. If you don't match to these so called Model, you are low risk and TPR is NOT NECESSARY! However, they cannot use the Model if the said Child was in imminent danger of harm and risk of harm, but should have acted upon that within 24 hours to a Week Window. If they waited for a YEAR, then did not act then all of a sudden felt like TPR'ing you?

Appeal these reasons like 1,2,3 above and file motions for DISCOVERY because your Kid's case was not mentioned into the Court Case. You need ALL THE EVIDENCE AND WITNESSES to present.

I know it is not easy, My Case is very similar to yours. They just don't have any Evidence on mine but they try to JUSTIFY that there is a problem using this Eligiiliblity Spectrum Assessment Model. I knew it already because I would read one of their Letters that matched the Model. For example: The Parents needs to learn how to manage high stress. It is included in the Model! :shock: You will see in your CPS files and these wordings are from the Model itself. Such as any past histories of abuse, or any drug abuse, or any domestic violence and so forth....etc...etc...
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

wms52136
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Postby wms52136 » Sun Feb 18, 2007 9:21 pm

No, my son was taken away on 9/5/02, and he's been gone since. The most I've had was unsupervised visits, which were rescinded via a court order (that, miraculously, NOBODY seems to have a copy of and that the court CLERK can't even find...hmmmmm).
I am, however, going to look into the model thing and use it against them. The thing is, if my son were in "imminent danger" why did they wait almost SEVEN MONTHS to remove him (he was born 2/8/02 and was removed 7/5/02)? Its just utter BS. But, that's the state for ya.

Wanita
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Postby Frustrated » Mon Feb 19, 2007 7:07 am

EXACTLY!!

Use that against them.

"Why did you wait 7 MONTHS to remove him if he was in imminent danger of harm?"

uh? :shock:

For any Imminent danger of harm Cases, they must remove and act within 24 HOURS to a Week. NO LONGER!

In fact they waited 7 months to remove him, which means there wasn't any imminent danger to start out with?

In fact they waited for so long because they knew that your son wasn't in any imminent danger but "felt like" removing him because he is a Baby. You know being adoptable and all that?

They are Child Stealers. Plain and Simple. No question about that.

Did you breast fed your baby? Just curious. Cos it would have been because they waited 7 months AFTER you finish your own thing with him then they removed him?

If that is true, you can use that against them as well. They are just using him for Monetary Purposes. FUNDS!
Just thinking out loud wondering why did they wait so long?
hmmmmmm?????


You can find RISK ASSESSMENT FACTORS ON ROUND TABLE BOARDS UNDER ELIGILIBILTY SPECTRUM ASSESSMENT CHART. I think it is also under Research Boards as well. Use that against them!
If they used the Model, which means he is NOT in any immienent danger. However, keep in mind that they CANNOT USE THE MODEL if he WAS in Imminent danger.
Check your CPS Files to see if the Model was even administered??? :shock:
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

wms52136
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Postby wms52136 » Mon Feb 19, 2007 10:02 am

This is where it gets tricky. I have asked for copies of my DFS file since the beginning, IN WRITING, and was informed, each and every time, that my attorney had to be present in order to obtain a copy. WHAT?!?!?! SO, my attorney accompanied me to the office (this was 2 years ago), and they STILL denied me copies of my file. So I don't even know what's IN the damn thing! I kept stating that I am ENTITLED to MY file. Its not like I'm asking for copies of somebody ELSE'S file, y'know? Wanna hear what the social worker told me? "How do I know you'll keep it confidential? This is a CONFIDENTIAL file, and you could go around and show it to ANYBODY that you wanted to!" Good thing I can control my temper...I would have b**** slapped her right then and there!
As far as breast feeding goes, I was STILL breastfeeding him, although I was pumping it (I learned after I had my older son - pump instead...he tried to "chew" his food one too many times lol). So, they took him off of the breast milk and on formula. Ugh.
I was told by my current attorney that the reason they waited 7 months was because the original worker on the case (the one who was the social worker on the other case I was going through with my older two children) kept writing and pleading with St. Louis County to remove my son, and it took that long to finally get an order, which I still, to date, have not seen. AND that they came to take my son on the day my voluntary TPR took effect, so that's their reasoning (which makes no sense to me, but that's a different story). So, I informed my attorney that, according to all of the reports I have, the initial "order" was signed on 8/27/02, but he wasn't removed until 9/5/02 - 9 days later. So if it was, in fact, "imminent danger", they still waited 2 days TOO LONG to remove him, given the 24 hours to one week thing.
Since the beginning of this case, they have no evidence of any kind, other than a "messy house", and even then, it wasn't messy, and it WAS child proof (there are FOUR social workers who wrote that in their reports, and I have copies of each of their reports). The police said that my house was dangerous when they came to get my son. Wanna know why? I was going to be taking him over to my mother's so we could start RENOVATING our house, and then the state said that we took "too long" to renovate (it took us 3 years, and we STILL weren't completely finished - but when we had the time, we didn't have the money, and when we had the money, we didn't have the time - we were BOTH working FULL TIME and opposite shifts). So they tried to use THAT against us.
Then, 2 years after he was in custody, it was stated for the FIRST TIME that my son had a "pungent body odor" and it was "clear he had never been bathed", but ask all of my neighbors, my mother, and my best friend, who saw him DAILY, and they'll all tell you he was ALWAYS CLEAN. They tried to say that his hair color made it aparent that his hair had never been washed...um...hello...he's a BRUNETTE! And in the police officers' initial reports, there was NO MENTION of a "pungent body odor", except this little bit: "he had just woken up and his mother was in the process of changing his diaper when we arrived".
I can go into more detail about this, and I will - a little bit later on. I've got some work to do first (its nice being self-employed lol), and then, when all that is done, I'll give any and all details that anybody asks. Nobody knows my case better than I do.

Wanita
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Postby Frustrated » Mon Feb 19, 2007 7:33 pm

Whoa whoa wait a minute. Your Case does not make sense at all.
Are you saying he was in their Custody for 2 years already?
Where is he now? Is he still in their Custody or in your Custody?

You have not seen the Removal Order than later you said you had seen the Order dates? The CPS pleaded for Removal Order for 7 months? That is bollocks. Any CPS can file for Removal Order in TWENTY FOUR HOURS! Yes they can get it that fast! 7 months? TOTALLY UNHEARD OF! It should have been like you said 9 days. But that is still too long to make it an imminent danger of harm. But it took 7 months? It is like they have TWO CPS Cases. Right? One for your Older Children and the other for your younger Son? Correct me if I am mistaken.

Your Case is full of holes and I think CPS is working on this very SLOPPY!~
You say that you had been breastfeeding your Son since the removal and still pumping as well. It fits within the 7 months window. They wanted you to breastfeed and wait for the Removing when you are done. It makes sense to me. I don't really think their REASON Is all that good. Just because? It is NOT GOOD ENOUGH to make TPR Case. No way!

You said you couldn't get Complete CPS Files then you got some of the Records. I am thinking you got the Assessment Paperwork but not the Whole CPS Files including their comments, and decisions and Court Removal Orders, etc...etc...

Everyone fixes houses many times and they make arrangements to make sure the Kids are well cared for. Nothing wrong with that. You said you were bringing him to your Mother's. I hope that was included in your Court Case. If not, it should be part of the Discovery Motion.

What were the original Allegations to begin with? :shock: And what is their reasons for TPR?
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

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Postby Frustrated » Mon Feb 19, 2007 7:53 pm

Ok, I am guessing but I could be mistaken, that there are two different removals. Physical one and the one Court Ordered one.

It could be 9 days COURT ORDERED Removal order. You know covering up their butts.

7 months Physical removal?

If you noticed the other Member on this Board experienced the same thing. One month removal where her Kids removed Jan. 12 (Physical Removal) but really they put the Court Order Removal Feb. 8th. Is that what happened to your Case?
Just curious.

Shouldn't it be the another way around? :roll:

Question: St. Louis County, is that out of your Jursidiction Area? Or are you within the Jurisdiction area? If you are out of the Jurisdiction area, then you CAN ARGUE and File Motions based on Jurdiscidiction. Just throwing it in. :wink:
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

wms52136
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Postby wms52136 » Tue Feb 20, 2007 10:03 am

According to the CASA report, who has the dates of all of the "orders", court hearings, family support team meetings, etc, the date the original order was signed was 8/27/02, but nobody came to my house to get my son until 9/5/02. I have not actually SEEN a PHYSICAL copy of this court order, nor has either attorney (my old one and my current one).
I live in St. Louis County, so I'm in the jurisdiction. If I lived in St. Louis City, I'd be OUT of their jurisdiction.
The only things I've seen out of my DFS file are what I'm given in court and anything I had to sign, like (now I feel dumb...mind blank here...) the thing that you sign to allow the state to obtain records. My mind went blank...can't think of the name of that thing off the top of my head. Or the papers that I have to sign to show I was at a visit, etc. That's all I've ever seen. I've never seen my entire file and have been denied seeing it or obtaining a copy of it.
Yes, I did argue in court that I was changing his diaper and getting him dressed to take him over to my mother's so that renovations could start on our house.
The only thing the state argued during the TPR trial I had back on 8/31 & 9/1/05 was the condition of our house, which was CLEAN, but we had limited storage space and my husband is a packrat. They tried to say that because our CLOSET was cluttered and we had a few things (all safe things, mind you) stacked in a corner in our living room, that our house was "dirty". The current social worker and the one we had before her both testified that they had to "step over books and boxes to maneuver around", and then the CASA took the stand and said that "the floors were always clear, never had to step over anything, but there were dirty dishes in the dishwasher, some in the sink, and even some hidden in the oven." I was in the process of DOING DISHES when they came by, and the "dirty dishes in the oven" was a baking stone with COOKIES on it that I was in the process of baking. But my favorite part was how the CASA contradicted the two social workers, and the Commissioner didn't catch it. *sigh*
Of course, this is the SAME CASA that stated, in court, that I had a shotgun in a bucket in the corner - it was a mop and I was in the process of mopping when they knocked at my door. The CASA said that my kitchen table and floor surrounding it was cluttered when he came by once - I was in the middle of bringing in groceries from the car to put them away and the bags of groceries were on the kitchen table and floor around it. Then he complained, the same day, while I was STILL lugging in groceries, that I had no milk, eggs, or cheese in the refrigerator, so I promptly grabbed the bags that had those items in them and put them away.
Then, the CASA tried to complain about how my basement was a mess, but the Commissioner told him not to worry about my basement because you had to go out the back door, across the deck, open the gate, go down the stairs, to even GET to my basement door, which is always LOCKED unless I'm in there. Then, the CASA complained that my basement door was locked so he couldn't inspect it and DEMANDED the key, so I promptly put it down my bra and told him if he wanted it, he could come get it, but he'd be arrested for doing so. That, he never mentioned in court (surprisingly).
Of course, this is the same CASA who stated, while standing in my living room, that he wanted a TPR based soly on the color of the walls in my house - baby powder blue. He stated that blue is too depressing to allow for a happy child. HUH?!?!?!?! He said this in front of myself, my mother, a social worker, and my husband (and my son who was there for a supervised visit).
And, to answer your earlier question, my son is STILL with his foster mother, who is a LESBIAN, and so my son has NO male influence AT ALL. He (my son) has stated, IN FRONT OF THE SOCIAL WORKER, "Mom, I can't love you. I'm a boy. Boys can only love other boys, just like girls can only love other girls. That's why I love my daddy and not you." And the social worker didn't see a problem with that?????????????????
Ugh.

Wanita
There is no greater injustice in this world than taking a child from his or her loving family.

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Frustrated
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Postby Frustrated » Tue Feb 20, 2007 5:49 pm

Wow, that CASA Worker sounds so nitpicky about your house even down to your colours of your wall. Depressing to the boy about that colour? How about it is depressing about seperating a Family?! That boy is confused about gender for goodness sakes.

The other Worker is also nitpicky about your conditions of your house when you were going to remedy just in 5 minutes later. :roll: For goodness sakes. But then again, their jobs are to be nitpicky if they have nothing else to go on. :roll: That means they have nothing on your Case. Dirty Dishes and wrong colour of the wall are certainly not the reasons for TPR. :roll:
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

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Postby Frustrated » Tue Feb 20, 2007 5:52 pm

Oh I forgot to mention about the basement, you withheld the key and they could not get in because THEY KNEW THEY REQUIRE A SEARCH WARRANT IN ORDER TO LOOK AT YOUR BASEMENT. You said NO~! That is why it is not being brought up in Court. :roll: Because they know it requires Search and Seizure according to the Constitutional Right.
You should have said no to the Entire House, but harder if your Son is not in your Custody and there was a home study being conducted on your Home. I would much rather have them court ordered to look at my house than violating my Rights to my privacy of my Home.
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

wms52136
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Joined: Sat Oct 07, 2006 7:16 pm
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Postby wms52136 » Tue Feb 20, 2007 10:32 pm

They WERE court ordered to make unannounced visits to my house and take pictures of the condition, which is why I let them in in the first place, but the Commissioner said NO to them going in my basement, which was stated in the order.
The condition of my home was found to be satisfactory by every single social worker except the last two, and unannounced inspections were not ordered until the b****y DJO was assigned to the case (2 DJOs ago since I have been assigned a new one and the b****y one was the one I had before the last guy). And now, all of a sudden, because I live with my mother, neither the social worker nor the CASA will come by to inspect the house, even though they were ordered to. Hmmmm. Well, they can't use the condition of my house against me anymore, now can they? I don't live there anymore.
Also, they reported they didn't have a problem with the apartment I moved into after I left my husband (the reason I had to move in with my mother was that my job cut my hours in HALF and I could no longer afford the rent - then I got a new, better job, and now I'm laid off - which is just WONDERFUL - especially with a baby on the way!).
Oh yeah...about the pregnancy - the state doesn't even know I'm pregnant. I'm 28 1/2 weeks along and not even showing (it pays to be "fluffy", I guess lol), and my next court hearing is 3 weeks before the baby's due. With any luck, and we're all positive I will, I'd have already given birth by then. This baby wants out and he wants out NOW!!!!!!!!!
I've made arrangements with the baby's father to take him after he's born - until my trial comes around - just to protect him (the baby - not the father lol). He has NO problem with that. He and I are secretly engaged, and we're not getting married until my case is over with. The reason we're SECRETLY engaged is that I don't want to drag him into the middle of this mess (although, he's already been dragged in - long story, but no longer an "issue" with the state - and I don't want to explain right now...its getting late). I'll just say that he's going through a legal issue right now, himself, and again, false accusations, and not even by the child herself, but the child's mother - his ex-wife. I'll leave it at that for now. We'll just say that he THOUGHT the little girl, who is almost 9 now, was his until his divorce when it was discovered via a DNA test that she was NOT (this was almost 5 years ago), but he still considered her his daughter even after that, and still does to this day, and his ex-wife keeps trying to get him "out of the picture" because she doesn't want ANY of her kids' fathers around.

Wanita
There is no greater injustice in this world than taking a child from his or her loving family.


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