Family Court Hearing

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Family Court Hearing

Postby Guest » Sun Aug 05, 2007 11:59 pm

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Last edited by Guest on Fri Nov 02, 2007 12:37 pm, edited 2 times in total.

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good dad
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Postby good dad » Mon Aug 06, 2007 6:15 am

After the 'team meeting', it was decided that the parenting classes I took weren't LONG enough. I asked the case manager if there was something in particular that I needed to learn in the parenting classes, and was told no, that they just needed to be longer, as in 10-20 WEEKS.


Did CPS set the classes up?

Since I have completed the first service plan submitted to the court, I'm not sure what else they will be asking me to do, or if they can even add to the service plan.


The service plan was "approved" by the court.. Technically, they can't add things after that without asking the courts permission.

As of the last hearing, pending a polygraph that I volunteered for PRIOR to the whole 'confession',


I wouldn't have volunteered a polygraph.... If read wrong or you react negatively it's very hard to fight..

Ask why an ICPC hasn't been started to allow your father custody
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My advice is my opinion and not legal advice
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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 Guest » Mon Aug 06, 2007 11:46 am

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Kenneth2816
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Postby Kenneth2816 » Wed Aug 08, 2007 6:44 pm

I am terribly sorry for the loss of your child. There are numerous things very troubling in your recited account. If you don't mind, I'll call them as I see them:

1. "Play Therapy" is a highly subjective "disclosure based" therapy where the therapist employs the use of toys, actually, and observes the child's reaction or lack thereof. Everything means something, all subject to the therapist's views. Two of the most noted authorities on False Allegations of abuse, Wakefiled and Underwager, debunk this therpay, especially in small children. You can Google "Institute of Psychiatric Therapy" or simply, Ralph Underwager to learn more.

2. Take my word, polygraphs are not allowed in court for one reason: a controlled, double bind study done by the American Psychiatric Association with scientific enumeration, states that the reliability of a polygrpah is only 8% greater than tossing a coin.

A polygraph is used to "coerce" a confesssion. Telling the subject her or she has failed, asking them ot take another one are ALL AIMED AT GETTING A CONFESSION. During my own criminal investigation, I was repeatedly intimidated and threatened with being polygrpahed by the local Secret Service Office.

In conjunction with other methods, law enforcement somtimes does make decisions to halt an investigation based on a polygraph, but it is illegal to launch an investigation soley on the basis of a failed polygraph.

3. If CPS is "after" you to get a copy of the confession, this is an indicator that the Navy does not wilfully submit to the same protocols of information sharing that a civilian entity would. It also means (IMHO) that they are conducting a "fishing expedition", and want your help in incrimnating your husband. I strongly advise against any thing of the sort, as if there are formal criminal charges, you may very well be charged with "failure to protect", the catch-all for the non offending parent in these cases. I do not know what legal assistance is available to members of the armed forces, but I would wager that an attorney who is a civilian would be a better candidate than a Navy one. Just my observation.

4. As far as placement with your Father, if CPS is citing all these BS reasons why it won't work right now, my guess is that they need your two year old as further "evidence" against both you and your husband. If at all possible, I suggest having him visit with the child at DSS discretion, so there is at least something on the record that he was observed, and that you may subpoenas later in court if a full blown TPR ensues, and they rule him out (based on an assumed inability to keep you and your husband away from the child). At any rate, both Federal and State law mandates that a child first be placed with a willing and capable relative, as long as it is not contrary to the best interest of the child. I have witnessed DSS using flawed "home studies", failed psych examas, and even testifying that a relative was "too obese" to provide adequate care.

The best defense is a good offense. I cannot give legal advice, nor should anything I say be taken as such, but I can relate from experiences I have had. Counter measures against a possible long term foster placemnet weith strangers should be begun NOW.

The sudden shift with the "foster parents", the reversal of the Planning Team (after the polygraph I might add) does not bode well from where I sit. Do not ever expect these people to be forthright with you, ever. Do not allow yourself to be caught up in their "approval".

I cannot fathom how callous it must seem to you, a grieving Mother, to be asked to participate and cooperate with your and possibly your husband's destruction.

Your fragile psychological state of mind would indicate to any real "professional" that observations, testing, etc. have a high potential for a false positive, under the conditions. Further, a true "family centered practice" would right now, be aimed at supporting you during your grief, not adding to your stress levels by disallowing you to see your two year old, possibly providing interim therapy for YOU, and not as part of an investigation, allowing some "in home" visits so that your daughter is not further traumatized.

These people are nothing short of monsters. The truth doesn't matter, nor does what is best for your child. Remember, CPS operates under a shroud of secrecy that is not even granted to the CIA. They KNOW you do not know your rights, and that eventually, you will be their best witness.

In my humble opinion, no attorney worth his salt would allow a client to be subjected to what you have volunteered to do. Please understand; this is precisley how they hook you: you KNOW you have nothing to hide, and YOU act on good faith, presuming that the Department is doing the same. Assuming that, any sane and rational person would conclude the obvious: that you are a loving and good Mother, and Oh how they prey on that!

By a series of compromises, you will be asked to undergo more and more invasive things, and each time you will be conflicted because you will falsely conclude that THIS time, after you do THIS ONE last thing, it will be over. Do not make this mistake.

Asserting your rights and demanding that your dignity be preserved do NOT make you non compliant.

You appear to be very strong, level headed, practical. However, the turmoil and duress of all of this...the investigation, your husband being suspected, the loss of your child... would inidcate to anyone that you are most vulnerable. Just for the record, I will leave you with a paraphrased quote from the US Supreme Court which aptly says that if there was EVER a time when a parent needs and derserves the full protection of due process afforded both by the constitution and by federal law, it is when that parent is under scrutiny by the state, no matter how heinous the allegations, simply because severing the bond between a parent and a child is a "death sentence" in the eyes of the court.

NEVER expect CPS to regard your rights.

Again, I am deeply saddened at what you and your family are going through. I cannot imagine the loss.

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Frustrated
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Postby Frustrated » Wed Aug 08, 2007 7:40 pm

Kenneth is most correct when he says this. It is true in every places for most families experiencing this victimization from CPS. It is really that easy. What CPS also does, is to trick, extort, coerce people in order to get information, no matter how nice or bad it is, they will make it look negative, but nothing positive just to justify their means "why they are there".

What we also have good cop, bad cop situation, most families were faced with a good Worker then the next few days, would get all of a sudden be mean to them or even jump on them.

No matter what happens, everyone has Rights to due process, and everyone has Rights to a Lawyer to protect their family interests, and everyone has the Miranda Rights. and so forth. What you do not know that CPS does not care about the Law, or anybody's Rights. Everyone has a responsibility to ensure that CPS follows it, because it is already written on the Consitution and in the Laws. That's why they are written in there for, so everyone can use it. CPS does not want to use it.

That's the problem. Everyone has the responsibility to make sure CPS follows the Law and its Consitution. But we would always hear "it does not matter, as long we are here in the name of child protection".

Ok, what about the child? what about their Rights? now will CPS listen to them? Most cases they don't.
That's the problem. Because children's voices gets silenced too often. We can change all these to protect best interests of the child/ren. They often forget the best interests of the child/ren but only their own's. :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

samangjen
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Postby samangjen » Wed Aug 08, 2007 10:21 pm

While I normally agree with almost everything that Frustrated has to say, one thing that I believe is mistaken...

Since cj's husband is in the navy, and the death apparently has naval jurisdiction, especially since this is a time of war, it falls under the laws of the armed forces. It has something to do with maritime laws or admirality laws. I don't know much about admirality laws/maritime laws, but I do know that they are held above, or separate from, civilian laws, and that the constitution doesn't apply to them. (I remember years ago there was a group, the pariots, I believe, that claimed that any court that has a flag bearing the yellow fringe was in reality an admirality court, and thus not subject to being required to give rights as set forth in the Constitution. It is like we are under martial law.) Under admirality laws, one is guilty until proven innocent. Having never studied this in depth, I don't know if the spouse and children are also included in this or not.


I am sorry that you lost your child, and that they took your 2 year old. I think that the others here have given you good advice. I would just add, don't let their lies and insinuations take you away from the original truths that you had in your mind. Keep those fresh. Everything that is added to your feelings, will be jaded by speculation of those who may not have your family's best interest at heart.

anxiousmom
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Postby anxiousmom » Thu Aug 09, 2007 6:50 pm

What was the outcome of your dh's psych. eval?

If I were you, I would NOT do ANYTHING else cps asks of me unless it was court ordered!

Can you visit your husb. in jail & talk to him?

I'm so sorry for the death of your baby & your having your dd removed.

I think I'd file a motion to have the current GAL removed.

Are you reading the CPS manaul for your state? You NEED to know what it says, your rights & make cps is followning the rules & laws & proceedures.

Ask to speak with/meet your caseworker's supervisor. Go to your supervisor's supervisor if need be.

File a complaint with your state's omboundsman.

I really hope your dh had nothing to do with your dd's death.

Take care!

anxiousmom
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Postby anxiousmom » Thu Aug 09, 2007 6:51 pm

What was the outcome of your dh's psych. eval?

If I were you, I would NOT do ANYTHING else cps asks of me unless it was court ordered!

Can you visit your husb. in jail & talk to him?

I'm so sorry for the death of your baby & your having your dd removed.

I think I'd file a motion to have the current GAL removed.

Are you reading the CPS manaul for your state? You NEED to know what it says, your rights & make cps is followning the rules & laws & proceedures.

Ask to speak with/meet your caseworker's supervisor. Go to your supervisor's supervisor if need be.

File a complaint with your state's omboundsman.

I really hope your dh had nothing to do with your dd's death.

Take care!


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