CPS is money hungry
Moderators: family_man, LindaJM
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sweet4tazz
- Posts: 1
- Joined: Sun May 20, 2007 4:44 am
CPS is money hungry
On Feb 25, 2007 we lost our 2 month old grandson to SIDS. It was the worst thing in my life to be a part of. I was with him everyday from birth til the night before he passed. He was my Lil' Man. I have 2 other grandchildren from the same daughter. The oldest of the other's has been living with my husband and I since July 2005. My granddaughter was living with her other grandparents. My grandson lived with us because he wanted to. He would fight with his mom to come here and she agreed.We were receiving a check every month for him from the state of Ohio. On Feb. 27th CPS came to my daughter's house which I was there making funeral arrangements for my grandson. They said they were there to see what they were going to do with the other 2 children. I asked what do you mean other 2? I told them one lived with us and one with her other grandparents. They said that they were pressing charges of neglect and child endangerment against my daughter. HOW can they do that when the children didn't live there? My grandson passed from SIDS per the coroner. They said because there was a bottle of night time sleep cough medicine on the tv and there were some beer bottles in the kitchen. The baby was 2 months old he couldn't get that, and the other 2 didn't live there. In there own manual it says kinship care is someone with a bond to the child. Also states that the child could be living with a kinship because the parents put them there which is a informal placement. As far as I can see we had physical custody of him. Now that they have removed the children and are in another placement, we are only allowed to see them once a month, and call them once a week. We had a home study and they said we didn't make enough money to have him live with us. Well it seems to me that they knew all this time he was here, we were getting a check for him. I work 6 days a week and we are ok. I am not going to stand for what they say, they have lied on us, made us out to look like a freak show, told us we were the ones breaking up the family. We have been climbing a ladder to get answers and we aren't stopping until we get him home. We are now in the stage of calling the governor Ted Strickland. If I have to go all the way to the dang President of the United States I will. Someone has to stop CPS from stealing children to put money in their own pockets. It is all about the money to them. My grandchildren are very important to me and I would walk as far as it took to get them home. CPS is so corrupt and full of crap. They more or less have said that all parents are abusers Well if that is the facts that want to go with, them they are abusers too. They steal children to make money, they are told to lie, to make you look like a freak. When they came they said that I was unprofessional by getting upset over them taking my only 2 grandbabies away. They couldn't wait until after the baby was put to rest, they went as far as saying that the other 2 could not go to their own baby brother's funeral. That they wouldn't remember him. Oh my god they are such bastards is all I can say. Please someone let me know what I should do next. I want them home and HOME NOW.
Praying for some legal help. Thank You Debby
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florida999
- Posts: 376
- Joined: Sat Apr 08, 2006 11:22 pm
i am so sorry to hear about you horrible loss. my mother's sister had a son die from sids, he too was 2 months old. he had just been to his 2 month check up, everything was fine. sometimes life just isnt fair. i think it is horrendous that they would remove the other two children, expecially when they were in the care of others. I would call ANYBODY that would listen. call the news media, they need to be brought on the carpet pronto. did you daughter have any prior history with cps? they actually removed because of cold medicine on the t.v.? a few beers on the kitchen counter? I would be calling channel news 7, 9, 2, anyone who you can get to listen, also see if you can get a lawyer that would sue them. your case is just pure abuse of their power. good luck to you. again, so sorry for the loss of your grandson.
You didnt have temp custody of the child living with you? That is probably the loophole they are using. What about the emergency removal hearing? What where the reasons that CPS sited to remove the child from YOUR care? As you say, the children didnt even live with your daughter, so what was their LEGAL reason for removing them from your care.
How long was the child living with you before they did a study and found you didnt make enough money to care for him?
How long was the child living with you before they did a study and found you didnt make enough money to care for him?
http://codes.ohio.gov/oac/5101:2-39-12
(A) Removal of a child from his own home shall be considered necessary when the child is at imminent risk and in need of protection from child abuse or neglect. When considering the need to remove a child from his home the public children services agency (PCSA) shall complete the JFS 01510 “Family Decision Making Model: Safety Plan for Children” if applicable. The PCSA shall also complete or update the risk assessment form. The risk assessment will assist the PCSA in determining:
(1) The risk of harm to the child if he remains in his home is greater than the risk of harm to the child if he is removed from the home.
(2) The potential for serious physical or emotional harm the child may suffer if he remains in his home.
(3) The likelihood that such harm will occur and the extent to which the risk can be alleviated by the provision of supportive services.
(4) The emotional trauma or other harm the child may suffer if he is removed from the home.
(B) When a determination is made to remove a child from his own home, the PCSA shall:
(1) Provide preplacement services to the child and his parent, guardian, or custodian in accordance with the requirements contained in rule 5101:2-42-64 of the Administrative Code.
(2) Provide to the potential caregiver all information outlined in rule 5101:2-42-90 of the Administrative Code.
(3) Develop and execute the individual child care agreement according to procedures outlined in rule 5101:2-42-90 of the Administrative Code.
(C) When emergency removal of a child from his own home is necessary, the PCSA shall consider emergency removal procedures in the following order:
(1) Filing a complaint in the juvenile court with a motion requesting emergency removal of child and providing advance notice to the parent, guardian, or custodian regarding the time of the court hearing.
(2) Petitioning the court for an ex parte emergency order to remove the child and requesting a determination from the court that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(3) Requesting the assistance of a law enforcement officer or a duly authorized officer of the court.
(4) Following the most preferred procedure for the emergency removal of a child that will not endanger the child.
(D) When a PCSA removes a child pursuant to paragraphs (C)(2) and (C)(3) of this rule, it shall petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day and request a determination by the court that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(E) When emergency removal of the child occurs and the caretaker is present, the PCSA shall provide the child, when age-appropriate, and caretaker, with the following information:
(1) Reason for emergency removal.
(2) PCSA name, telephone number, address, and name of person to contact regarding the case.
(3) Visitation schedule prior to a journalized case plan.
(4) Time and place of court hearings, when known and applicable.
(5) When known, the name and telephone number of the employee designated by the court to provide the appointment of counsel to a parent, guardian, or custodian who cannot afford to hire an attorney.
(F) When emergency removal of a child occurs in the absence of the parent, guardian, or custodian, the PCSA shall provide or attempt to provide the parent, guardian, or custodian with the information stated in paragraphs (E)(1) to (E)(5) of this rule within twenty-four hours. Notification shall be given verbally and followed in writing.
(G) The PCSA is not required to duplicate any written notice that has previously been provided by a court officer or court employee.
(H) The PCSA shall request assistance from the appropriate law enforcement agency to remove a child when any of the following conditions exist:
(1) The PCSA is unable, due to the immediacy of the situation, to obtain a court order authorizing the emergency removal of a child.
(2) The PCSA is denied entry into the home, or is denied access to the child.
(3) The parent, guardian, custodian or child offers physical resistance to the emergency removal.
(4) The personal safety of the child or PCSA employee is jeopardized.
(I) The PCSA shall remove a child and provide temporary emergency care for a child considered to be in need of protection, without agreement or commitment, when all of the following conditions exist:
(1) The caretaker is unavailable.
(2) The child is in a life-threatening situation requiring immediate intervention.
(3) Time does not permit obtaining a court order.
The PCSA must petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next business day.
(J) When relative placements have been explored and determined to be unavailable or unsuitable, the PCSA shall ensure that the temporary emergency care for the child is in the least-restrictive most family-like setting available to meet the needs of the child in accordance with rule 5101:2-42-05 of the Administrative Code.
(K) When the PCSA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA shall notify the county department of job and family services (CDJFS) of the child’s removal according to procedures contained in the OWF county plan of cooperation. The child’s caretaker may continue to participate in OWF and receive cash assistance for up to six payment months when the PCSA:
(1) Notifies the CDJFS at the time the PCSA takes the child into custody that it believes the child will be able to return to the home within six months.
(2) Informs the CDJFS at the end of the first five months after the PCSA takes the child into custody that both of the following are occurring:
(a) The parent, legal guardian, custodian, or specified relative of the child is cooperating with the case plan prepared pursuant to rule 5101:2-39-08.1 of the Administrative Code.
(b) The PCSA is making reasonable efforts to return the child to the home of the OWF assistance group.
(L) The PCSA shall document the following information in the case record:
(1) Provision of preplacement services.
(2) Provision of information to the potential caregiver.
(3) Provision of the individual child care agreement to the substitute caregiver.
(4) Attempts to provide the parent, guardian, or custodian with notification of the child’s emergency removal.
(5) Attempts to provide the parent, guardian, or custodian with notification of any court hearings.
(6) Copies ofex parte emergency orders, if applicable and the court determination that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(7) Notification to the CDJFS regarding removal of the child from the home and expected date for reunification of the child with his caretaker, if applicable.
Effective: 04/17/2006
(A) Removal of a child from his own home shall be considered necessary when the child is at imminent risk and in need of protection from child abuse or neglect. When considering the need to remove a child from his home the public children services agency (PCSA) shall complete the JFS 01510 “Family Decision Making Model: Safety Plan for Children” if applicable. The PCSA shall also complete or update the risk assessment form. The risk assessment will assist the PCSA in determining:
(1) The risk of harm to the child if he remains in his home is greater than the risk of harm to the child if he is removed from the home.
(2) The potential for serious physical or emotional harm the child may suffer if he remains in his home.
(3) The likelihood that such harm will occur and the extent to which the risk can be alleviated by the provision of supportive services.
(4) The emotional trauma or other harm the child may suffer if he is removed from the home.
(B) When a determination is made to remove a child from his own home, the PCSA shall:
(1) Provide preplacement services to the child and his parent, guardian, or custodian in accordance with the requirements contained in rule 5101:2-42-64 of the Administrative Code.
(2) Provide to the potential caregiver all information outlined in rule 5101:2-42-90 of the Administrative Code.
(3) Develop and execute the individual child care agreement according to procedures outlined in rule 5101:2-42-90 of the Administrative Code.
(C) When emergency removal of a child from his own home is necessary, the PCSA shall consider emergency removal procedures in the following order:
(1) Filing a complaint in the juvenile court with a motion requesting emergency removal of child and providing advance notice to the parent, guardian, or custodian regarding the time of the court hearing.
(2) Petitioning the court for an ex parte emergency order to remove the child and requesting a determination from the court that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(3) Requesting the assistance of a law enforcement officer or a duly authorized officer of the court.
(4) Following the most preferred procedure for the emergency removal of a child that will not endanger the child.
(D) When a PCSA removes a child pursuant to paragraphs (C)(2) and (C)(3) of this rule, it shall petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day and request a determination by the court that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(E) When emergency removal of the child occurs and the caretaker is present, the PCSA shall provide the child, when age-appropriate, and caretaker, with the following information:
(1) Reason for emergency removal.
(2) PCSA name, telephone number, address, and name of person to contact regarding the case.
(3) Visitation schedule prior to a journalized case plan.
(4) Time and place of court hearings, when known and applicable.
(5) When known, the name and telephone number of the employee designated by the court to provide the appointment of counsel to a parent, guardian, or custodian who cannot afford to hire an attorney.
(F) When emergency removal of a child occurs in the absence of the parent, guardian, or custodian, the PCSA shall provide or attempt to provide the parent, guardian, or custodian with the information stated in paragraphs (E)(1) to (E)(5) of this rule within twenty-four hours. Notification shall be given verbally and followed in writing.
(G) The PCSA is not required to duplicate any written notice that has previously been provided by a court officer or court employee.
(H) The PCSA shall request assistance from the appropriate law enforcement agency to remove a child when any of the following conditions exist:
(1) The PCSA is unable, due to the immediacy of the situation, to obtain a court order authorizing the emergency removal of a child.
(2) The PCSA is denied entry into the home, or is denied access to the child.
(3) The parent, guardian, custodian or child offers physical resistance to the emergency removal.
(4) The personal safety of the child or PCSA employee is jeopardized.
(I) The PCSA shall remove a child and provide temporary emergency care for a child considered to be in need of protection, without agreement or commitment, when all of the following conditions exist:
(1) The caretaker is unavailable.
(2) The child is in a life-threatening situation requiring immediate intervention.
(3) Time does not permit obtaining a court order.
The PCSA must petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next business day.
(J) When relative placements have been explored and determined to be unavailable or unsuitable, the PCSA shall ensure that the temporary emergency care for the child is in the least-restrictive most family-like setting available to meet the needs of the child in accordance with rule 5101:2-42-05 of the Administrative Code.
(K) When the PCSA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA shall notify the county department of job and family services (CDJFS) of the child’s removal according to procedures contained in the OWF county plan of cooperation. The child’s caretaker may continue to participate in OWF and receive cash assistance for up to six payment months when the PCSA:
(1) Notifies the CDJFS at the time the PCSA takes the child into custody that it believes the child will be able to return to the home within six months.
(2) Informs the CDJFS at the end of the first five months after the PCSA takes the child into custody that both of the following are occurring:
(a) The parent, legal guardian, custodian, or specified relative of the child is cooperating with the case plan prepared pursuant to rule 5101:2-39-08.1 of the Administrative Code.
(b) The PCSA is making reasonable efforts to return the child to the home of the OWF assistance group.
(L) The PCSA shall document the following information in the case record:
(1) Provision of preplacement services.
(2) Provision of information to the potential caregiver.
(3) Provision of the individual child care agreement to the substitute caregiver.
(4) Attempts to provide the parent, guardian, or custodian with notification of the child’s emergency removal.
(5) Attempts to provide the parent, guardian, or custodian with notification of any court hearings.
(6) Copies ofex parte emergency orders, if applicable and the court determination that reasonable efforts were not possible due to the urgent nature of the child’s removal.
(7) Notification to the CDJFS regarding removal of the child from the home and expected date for reunification of the child with his caretaker, if applicable.
Effective: 04/17/2006
http://codes.ohio.gov/oac/5101%3A2-34
Chapter 5101:2-34 Reports of Alleged Child Abuse and Neglect
5101:2-34-06 Screening child abuse and neglect reports.
(A) At a minimum, a report of child abuse and neglect should contain all of the following information, if known:
(1) The names and addresses of the child and his parents or the person or persons having custody of the child.
(2) The child’s age.
(3) The type, extent, and duration of the abuse or neglect.
(4) Circumstances regarding the abuse or neglect, including any evidence of previous injuries, abuse, or neglect.
(5) The child’s current condition.
(6) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect.
(B) When the public children services agency (PCSA) determines the information received does not constitute a report, the PCSA may:
(1) Decline to accept the information as a report.
(2) Request the individual providing the information to submit the allegations in writing.
(3) Refer the individual to the county prosecutor pursuant to the child abuse and neglect memorandum of understanding.
(4) Refer the reporter to an appropriate agency or service provider.
(C) The PCSA shall develop standards for logging and maintaining information not accepted as a report.
Chapter 5101:2-34 Reports of Alleged Child Abuse and Neglect
5101:2-34-06 Screening child abuse and neglect reports.
(A) At a minimum, a report of child abuse and neglect should contain all of the following information, if known:
(1) The names and addresses of the child and his parents or the person or persons having custody of the child.
(2) The child’s age.
(3) The type, extent, and duration of the abuse or neglect.
(4) Circumstances regarding the abuse or neglect, including any evidence of previous injuries, abuse, or neglect.
(5) The child’s current condition.
(6) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect.
(B) When the public children services agency (PCSA) determines the information received does not constitute a report, the PCSA may:
(1) Decline to accept the information as a report.
(2) Request the individual providing the information to submit the allegations in writing.
(3) Refer the individual to the county prosecutor pursuant to the child abuse and neglect memorandum of understanding.
(4) Refer the reporter to an appropriate agency or service provider.
(C) The PCSA shall develop standards for logging and maintaining information not accepted as a report.
http://codes.ohio.gov/oac/5101%3A2-42
Chapter 5101:2-42 Substitute Care
5101:2-42-04 Authority to assume and retain custody of a child.
(A) A public children services agency (PCSA) or private child placing agency (PCPA) shall place a child in substitute care setting apart from his parents, guardian, or custodian only if custody of the child has first been assumed or retained by that agency. A PCSA or PCPA may provide placement services for a child through the direct placement of the child by his parent, guardian, or custodian into a facility operated by the PCSA or PCPA. A PCSA or PCPA may assume or retain custody of a child through:
(1) Temporary court order, including an ex parte emergency order, issued by a juvenile court.
(2) Temporary custody issued or extended by a juvenile court exercising jurisdiction pursuant to section 2151.353, 2151.354, 2151.355, 2151.415, or 2151.417 of the Revised Code.
(3) Execution of a JFS 01666 “Permanent Surrender of Child” (rev. 04/2006) in accordance with requirements of rule 5101:2-42-09 of the Administrative Code.
(4) Permanent custody issued by a juvenile court exercising jurisdiction pursuant to section 2151.353, 2151.354, 2151.414, 2151.415, or 2151.417 of the Revised Code.
(5) Execution of a JFS 01645 “Agreement for Temporary Custody of Child” (rev. 04/2006) in accordance with requirements of rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code.
(6) Execution of a JFS 01645 “Agreement for Extension of Temporary Custody of Child” (rev. 04/2006) in accordance with requirements of rules 5101:2-42-07 and 5101:2-42-08 of the Administrative Code.
(7) Planned permanent living arrangement order issued by a juvenile court exercising jurisdiction pursuant to division (A)(5) of section 2151.353 of the Revised Code.
(B) A PCSA or PCPA may place a child in substitute care upon acceptance of the child from a law enforcement officer or duly authorized officer of the court. Upon acceptance of the child the PCSA or PCPA shall request an ex parte order from the court and shall file a petition authorizing the continued placement of the child within twenty-four hours or the next working day, pursuant to rule 5101:2-39-12 of the Administrative Code or rule 5101:2-39-01 of the Administrative Code, if applicable.
(C) A PCSA shall accept and take emergency temporary custody of a deserted child as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall:
(1) Provide temporary emergency care for the child.
(2) The PCSA shall petition the juvenile court for an order within twenty-four hours or the next working day requesting that temporary custody be granted to the PCSA or a designated PCPA.
(D) Upon the granting of the order for temporary custody the PCSA shall perform such duties for the deserted child as required for any child in the agency’s custody.
Effective: 10/09/2006
Chapter 5101:2-42 Substitute Care
5101:2-42-04 Authority to assume and retain custody of a child.
(A) A public children services agency (PCSA) or private child placing agency (PCPA) shall place a child in substitute care setting apart from his parents, guardian, or custodian only if custody of the child has first been assumed or retained by that agency. A PCSA or PCPA may provide placement services for a child through the direct placement of the child by his parent, guardian, or custodian into a facility operated by the PCSA or PCPA. A PCSA or PCPA may assume or retain custody of a child through:
(1) Temporary court order, including an ex parte emergency order, issued by a juvenile court.
(2) Temporary custody issued or extended by a juvenile court exercising jurisdiction pursuant to section 2151.353, 2151.354, 2151.355, 2151.415, or 2151.417 of the Revised Code.
(3) Execution of a JFS 01666 “Permanent Surrender of Child” (rev. 04/2006) in accordance with requirements of rule 5101:2-42-09 of the Administrative Code.
(4) Permanent custody issued by a juvenile court exercising jurisdiction pursuant to section 2151.353, 2151.354, 2151.414, 2151.415, or 2151.417 of the Revised Code.
(5) Execution of a JFS 01645 “Agreement for Temporary Custody of Child” (rev. 04/2006) in accordance with requirements of rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code.
(6) Execution of a JFS 01645 “Agreement for Extension of Temporary Custody of Child” (rev. 04/2006) in accordance with requirements of rules 5101:2-42-07 and 5101:2-42-08 of the Administrative Code.
(7) Planned permanent living arrangement order issued by a juvenile court exercising jurisdiction pursuant to division (A)(5) of section 2151.353 of the Revised Code.
(B) A PCSA or PCPA may place a child in substitute care upon acceptance of the child from a law enforcement officer or duly authorized officer of the court. Upon acceptance of the child the PCSA or PCPA shall request an ex parte order from the court and shall file a petition authorizing the continued placement of the child within twenty-four hours or the next working day, pursuant to rule 5101:2-39-12 of the Administrative Code or rule 5101:2-39-01 of the Administrative Code, if applicable.
(C) A PCSA shall accept and take emergency temporary custody of a deserted child as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall:
(1) Provide temporary emergency care for the child.
(2) The PCSA shall petition the juvenile court for an order within twenty-four hours or the next working day requesting that temporary custody be granted to the PCSA or a designated PCPA.
(D) Upon the granting of the order for temporary custody the PCSA shall perform such duties for the deserted child as required for any child in the agency’s custody.
Effective: 10/09/2006
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