Imminent Danger--thought abt. my case.

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anxiousmom
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Imminent Danger--thought abt. my case.

Postby anxiousmom » Fri Jun 22, 2007 11:05 pm

I read on here last night about this case where the 5 yr. old wasn't potty trained, nor the 3 yr. old (Which is more understandable), 5 yr. old had rotted out teeth, 3 yr. old was locked in ther room, messy house, etc.

SWorker took the kids.

Later in court, it came out that there was NOT *IMMINENT* Danger.

I've beeen thinking about this alot.

CPS came out the 1st week of May 06. My house was in a mess, I admit, due to my hoarding.

Sworker told me to take the kids to their dads UNTL I got it cleared out & that I would have to maintian it.

So......the kids were WITH their dad, BUT STILL coming to my house after school FROM DAY ONE that cps came out!!!!! And, they were staying the weekend with me FROM DAY ONE when cps came out!!!!!

YET, cps then infomred me that they were going to be taking me to court to seek temp. managing conservatorship.

WHERE was the IMMINENT DANGER when:

1. The kids were at their dads mon-thurs.

2. the kids were coming to my house after school each day & staying there until their dad picked them up after he got off work.

3. From the VERY day cps came out & told me to take the kids to their dads, the kids STILL came to my house each weekend for unsupervised visits.

4. The day cps came out, the supervisor that came with the caesworker told me, "We know you are not a danger to the children." (She either said danger or threat...can't remember as she said this phrase 3 diff. times...using danger at times & threat at times).

5. She went on the say the very same thing the day we were in court for their seeking temp. managing conservatorship. I agreed to it voluntarily, but the temp. managing conservatorship papers stated there would be SUPERVISED visits....I told my lawyer I wanted that removed & he told the supervisor & she said "Okay. We know she is not a threat to the children."

So......WHERE WAS THE IMMINENT DANGER????!!!!!!!!!!

What is the statue of limitation for sueing a cps worker?

IF my kids were in IMMINENT DANGER then WHY were they allowed to contiue to come to my house after school the entire mo. of May AND allowed to stay the weekends with me from the day they came out in May???!!!!!!!

I am feeling really angry. I was deprived of my children for a YEAR!!!!!! They lived with their dad & I got them on the weekends.

ALL it was about was a political situation....I live in a nice neighborhood & due to my hoarding the neighors called cps at least 6 times from 2002-2006.

When they came out in May 2005 they told me that if the house was messy again that the kids would not be able to keep living there. She told the kids that too. I didn't believe her. I was trying to dehoard, but I kenw I was a good mom & felt my mothering would be judged on MORE than my house.

So.....in essence cps made up thier minds in May 05 that IF the neighbors called again & the house was messy that they would removed my kids. AND that the kids would NOT be able to keep living with me---that they would seek temp. managing conservatorhsip. When they came out in May 05, I had been separated from my husb. since Jan. 05. So, they knew they'd have a way out-----place the kids with their dad & try to get custody transferred to him INSTEAD of actually working with me for a year like they told me they would do when they got temp. mang. conservatorship & like they do for other parents when they have TMC.

So, when they came to my house in may 06, they ALREADY knew that they were going to remove my kids & try to get placed with their dad & hve them not live with me---based on a decison they made in May 05!!!!!!

However, on several occassions when they came out & ruled unfounded, I ASKED them if they could keep coming out & being involved with our family to help me overcome the hoarding...and they said NO!!!! So, they won't offer preventative care/help!

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Frustrated
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Postby Frustrated » Sat Jun 23, 2007 12:28 pm

There was a mention of time line of imminent danger somewhere as I believe was in CPS Manuals. I have read somewhere that the immienent danger time line was most abroad is 24 hours but not exceeding to one week. Most Sexual Abuse Cases is 12 hours. These time line are set for Removal orders. They must apply to these times in order for a case of imminent danger of harm or risk of harming of a child/ren from the parents or caregivers TO BEGIN.

If the Worker waited more than a week and possibly up to a Month prior to the investigation, the imminent danger case will become moot. Because there ARE NO DANGERS to the child/ren because the Worker had seen the children prior to the month during the investigation. It would be harder to prove there WAS A DANGER to the child/ren to the Judge!!! Then that time line will prove that the Worker had LIED to the Judge under oath to obtain a Removal order/warrant.

But in your case, your children were given voluntarily to the Dad, so hereby there wasn't any Removal Orders/Warrants to remove your children and the Worker DOES NOT HAVE TO TELL THE JUDGE the reason why because the removal order/warrant DOES NOT EXIST.

HOWEVER, the 72 hours hearing is what you were supposed to attend, is to determine whether there is a need for your children to be PLACED with your ex husband. Did you attend to the 72 hours Hearing? so the Judge can determine the reason why your children are removed and placed with your ex husband and if the Judge agrees to that?

BUT! if there are no court hearings, there are no protection application hearings, no nothing...just a custody hearing. Then I would assume they had "illegally" obtained your children under false pretenses because you had voluntarily placed your children with your ex husband. Verbal Agreement had occured at that time. So there is no where to prove that there was such imminent danger of harm because there was NO COURT CASE TO BEGIN WITH!

What if?

What if you had fought and said no? Theywould have to apply to the COURT and ASK THE JUDGE for Removal Order and tell the judge that there WAS IMMINENT DANGER OF HARM, then the Judge will review the case within 72 hours hearing? What if?

What if the situation was the other way around?
Ever thought of the different outcome of the case?
Could have been different, your children would have stayed in your home because there wasn't any proof of any immienet danger as the Worker HAS TO PROVE THERE WAS DANGER OF HARM TO YOUR CHILDREN!!!!!!!

God forbid maybe the boxes will fall on the children. They are not 4 years old's. They are older kids for goodness sakes!!! I do think ages matter in this case. If the Worker proves that your "hoarding" problem would pose a DANGER TO THE KIDS ..............


Like what?
Possible fires?
Possible getting stuck?
Possible falling of boxes on their heads?
Fire Hazards?

Is THERE ANY RESEARCH THAT such things can poses a DANGER TO THE CHILDREN? is there any proof or evidence that can back up the claims of "dangers" that clutters and hoarding can pose a risk to the Kids?

Did the kids trip and fall? cut themselves? Did they get stuck in the boxes? Could not get out? Did they go out of the door willingly? Is there a blockage of the boxes against the windows? No Fire alarms? WHAT?!

All of these can prove your case to the Judge of "imminent danger to your children" from your "hoarding" problem. Can these hurt your children?

THAT's THE QUESTION MARK.
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

Kimmers96
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Location: California

Postby Kimmers96 » Sun Jun 24, 2007 2:25 pm

My son was removed from my home while I was gone and my daughter was removed from her school. Both without warrants. By social workers and sheriff. There was no imminent danger. Doesn't matter. Until people start taking action, NOTHING will change.

anxiousmom
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Postby anxiousmom » Sun Jun 24, 2007 8:41 pm

Kimmers96,

Did cps have a court order to remove your kids? I thought they couldn't do it without a court order unless you voluntarily let them.

Have you or are you going to take legal actions against them?

Did they get temp. mananging conservatorship of your children?

Kimmers96
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Joined: Wed Jan 25, 2006 1:01 pm
Location: California

Postby Kimmers96 » Mon Nov 12, 2007 1:44 am

No they did not have a warrant. I had no choice in the matter. I told them they were not going to take my kids, that they couldn't. A detective and deputy w/ the sheriff said they were taking them.

Our rights were terminated even though we were doing our case plan, so I don't understand exactly how that is supposed to work. The
courts falsified our paperwork to make it look like we had been going to court for over a year, when we had a contested hearing that they dragged out from 12/2/05 until 2/6/06. Now we know why. I advised my attorney and a court clerk that the date on our minute order was wrong, in Dec. we were in court. The date they had was 2/2/05. My attorney said "oh, that doesn't matter" I told him it's a court document, why wouldn't it matter. "oh, don't worry about that. I advised the clerk before leaving that it needed to be corrected. So by them leaving out the "1" they made it look like we had been in the system for a year. After 9 months we did get our kids back.

Yes I want to take legal action. I thought I had an attorney for my civil case. He didn't tell us until 2 months ago that he wanted a $5000 expense retainer. We don't have that kind of money and our statute of limitations runs out at the end of this month.

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katgotsteve
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Postby katgotsteve » Mon Nov 12, 2007 5:38 pm

this is how it was explained to me about removal. if cps works with a family on multiple occasion or over a stretch and it looks as though the family is not making improvements or following a safety/family plan, then cps has "the right" to remove the kids. lets say they come out to your house for a third time in a year for some unexplained illness of the child or possible marks or becuase the child made an allegation, if they feel that all efforts in the past have been exhausted they can remove the children, by claiming the past cases and past services offered did not improve the situation for the child. i am told this by attorney's in georgia, that imminet danger is not an issue that the well being of the child takes presidence. therefore, the well being of the child is in imminent danger either morally, physically or emotionally. it is just another loophole that cps has to make the rules up as they go.

Marina
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Postby Marina » Mon Nov 12, 2007 8:35 pm

.

They can call it "at risk" of imminent danger.

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