Penalities

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cambreenellie
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Joined: Mon May 12, 2008 12:42 pm

Penalities

Postby cambreenellie » Thu Jul 24, 2008 2:18 pm

Does anyone know if CPS suffers any penalties for not following policies? I know silly question! :D

I guess I'm just tired of hearing them say yes we made this mistake but now it's fixed and everything is okay. No, it's not okay your mistakes cause damage and I'm suppose to just go along with it as if they did nothing wrong.

The policy for the case plan to be completed and given to me is 60 days, I still don't have a case plan 100 days later. I know that once it's given to me they'll say yes, we know it was late but it's done now so let's not talk about it anymore. WTF!! When do they get penalized. Don't people know that because the case plan isn't done that my children have to stay in foster care longer?

litllady25
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Postby litllady25 » Thu Jul 24, 2008 2:44 pm

Do you have a court date coming up? I would bring it up to the judge.

cambreenellie
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Postby cambreenellie » Thu Jul 24, 2008 3:02 pm

It has already been addressed in the court room but the judge made no remarks of it.

Sad thing is the CPS lawyer thinks that it is his court room and it shows. My parents lawyer objected to something and before the judge could make a ruling whether it be over ruled or sustained the CPS lawyer shouted over ruled and continued to talk. At that point you would have thought the judge would have said something but nope didn't peep a word.

Gotta love small towns where everyone knows everyone.

litllady25
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Postby litllady25 » Thu Jul 24, 2008 3:09 pm

I would ask MaggieC about that. She posted some legal links in the thread 'What if we all..."

MaggieC

Postby MaggieC » Thu Jul 24, 2008 3:10 pm

I would think that if the statute says 60 days and now it is 100 days that a complaint to your state's Inspector General is in order.

cambreenellie
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Joined: Mon May 12, 2008 12:42 pm

Postby cambreenellie » Thu Jul 24, 2008 4:30 pm

I actually did take the advice to write to the Inspector General and I did that a couple days ago. Let's hope it puts a bug in someones ear because this just isn't fair. I'm tired of them breaking policies and getting away with it and telling me to move on and get over it.

MaggieC

Postby MaggieC » Thu Jul 24, 2008 4:43 pm

I hope it works too. Stay strong.

Marina
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Postby Marina » Thu Jul 24, 2008 5:53 pm

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File an affadavit with the court, so you can preserve these Due Process violations for an appeal, especially since the judge is acting that way. All these things are due process violations.

.

MaggieC

Postby MaggieC » Thu Jul 24, 2008 6:20 pm

Cam,
Is it policy or is it statute? What does your statute say about time limits?
Also, you mention your parents' attorney. Do you have an attorney as well?

cambreenellie
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Joined: Mon May 12, 2008 12:42 pm

Postby cambreenellie » Thu Jul 24, 2008 7:21 pm

Maggie,

I believe it's policy. This comes directly from their own manual. The policy states all case plans must be done within 60 days and be delivered to the parents within 10 days after completion. There is a new policy where they cut the case plan completion down to 45 days now but I don't think the revised policy applies to my case since it wasn't changed until May and my case began in April.

I do have a lawyer. My parents have a lawyer as well because in the state of Indiana family is considered first when placing children out of home. My parents were never considered and in fact no family was ever considered. They are fighting tooth and nail to prevent the kids from being placed with family.

This is just one of the many malicious things they have done in my case. You would think that after I proved that the caseworker had made up injuries to the children to deem them in imminent danger they would immediately return them but nope I'm still fighting.

It doesnt matter what these caseworkers say or do, lie, commit perjury, make up injuries and practice medicine without a license your still considered the bad one and you did harm to your children.

I even wrote to the director of CPS and was told they investigated this case and that all procedures were followed. Oh really?? I guess it is okay for caseworkers to commit perjury and not follow rules and policies. Matter of fact, I think my caseworker is acting maliciously now but I guess she is just following state policies.


ETA: Link

http://www.in.gov/dcs/files/5.8_Develop ... e_Plan.pdf

MaggieC

Postby MaggieC » Thu Jul 24, 2008 8:16 pm

I am not an attorney so I can't give legal advice but I am a researcher so my advice on legal "research only" follows:
What laws govern the child protective agency in your state?

In NY -it is the Social Service Law coupled with the Family Court Act.

Often, "procedure" is modeled after those laws but not always.

See if you can do a search probably in your state legislature website to see which laws apply.

Also, and this may be a long shot, but check grandparents rights.
I am adamently against grandparents rights when fit parents are sued for visitation or custody by grandparents BUT I am all for grandparents rights when fighting the state.

It might be an angle to pursue in addition to fighting for placement of the children owing to social service law.

Definitely, if procedure is not being followed-go right to the Inspector General.

One thing is for certain, you and your parents are standing together. A united family has the best chance of prevailing.

If I come across anything at all to help you, I will post same.

Hang in there.

MaggieC

Postby MaggieC » Thu Jul 24, 2008 8:28 pm

Cam,
Do a google search for INDIANA CODE

The laws in your state seem to listed here.

Again, I am not an atty and am not in Indiana-but hopefully this bit of info might help.

cambreenellie
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Postby cambreenellie » Thu Jul 24, 2008 8:44 pm

Okay this is coming from the Indiana Code website

IC 31-34-15-2
Time for completion
Sec. 2. The department, after negotiating with the child's parent, guardian, or custodian, shall complete a child's case plan not later than sixty (60) days after:
(1) the date of the child's first placement; or
(2) the date of a dispositional decree;
whichever comes first.


Does that mean it's a statute and not just a policy?



Also Maggie, we and my family are sticking together for the children. My parents love my kids and are just as hurt as I am. If my kids can't be with me then I want them only with my parents. They have been in foster care for 3 months now and are totally different children personality wise. I hope to god that when they do get to either come home or live with my parents that they do change back into the children they once were.

MaggieC

Postby MaggieC » Fri Jul 25, 2008 2:49 am

From what I can ascertain-it is statute.

I am assuming that your parents have privately retained an attorney. I am unclear as to whether your attorney is privately retained or court appointed.

I would discuss the code with a privately retained attorney first.

The best way to fight is to use the LAW.

Make them abide by the LAW.

The reasons are two-fold.

Firstly, often, courts even Family Court, will stand up and listen once they realize that you are reading the law and expect all to abide by it.

Secondly, if the law is not followed; that is, if an error of law occurs in the lower court, you and your parents may enter an appeal in a higher court.

Appellate courts do not review any new "evidence" or facts. They merely review the cases to be ceratin that the lower courts have followed the statutes.

An appellate court may decide to either reverse a lower court's decision in entirity or in part or remand back to the lower court for a new hearing.


Also, are your parents able to visit the children?
If not, have their attorney look into grandparent visitation. The actual statute for grandparent visitation in your state (aside from the code for social services)

Again, it may be a long shot but they might be able to petition for their own visitation with the children under such a statute.

Maggie

Marina
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Postby Marina » Fri Jul 25, 2008 4:23 pm

.

http://www.childwelfare.gov/systemwide/ ... ies/state/

State Statutes on child welfare.

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.
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Grandparents can petition the family court directly for custody of a grandchild. In our locality it costs $25. An appeal costs $75 if it is done within 10 days of a denial at a hearing. Or a new petition can be filed again for $25. Call the court and ask them how to go about it, and what information you need to bring. In our locality, for example, "intake" is at a location that is different from Juvenile Court. Another time the computers were down, etc.

.

Momoffor
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Postby Momoffor » Fri Jul 25, 2008 7:51 pm

I would petition the court for immediate return of the children and case closed because they have gone above and beyond the statue of limitations for providing a case plan!

Its ballsy, but worth a shot =)

They would petition the court for TPR if you went over the 15 months of not having your kids ...so beat them at their own game.

Trisha G
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Joined: Sat Jan 13, 2007 7:30 pm

Postby Trisha G » Fri Jul 25, 2008 11:00 pm

It is worth a shot using them not providing you with a case plan, When we brought up the fact we had never been provided with one in court the judge jumped CPS for it, and set a hearing for a month later. That final hearing never happened because during what ended up being her final visit we told Gina she had broken the law and we intended to do something about it. It might help to go to the CPS office, ask for your case manager and tell her you want a copy of the manual. It scares them when they realise you won't just sit back and take whatever they dish out. If s/he asks why tell her you want to make sure they're doing what they're supposed to do.

If it wouldn't be too much information what county do you live in? I'm assuming it's not Marion since the worst corruption tends to be in the smaller counties.

cambreenellie
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Postby cambreenellie » Sat Jul 26, 2008 1:59 pm

Trisha, I'm in Fulton county. I'm not afraid to say things now.

Just to give a quick review, my parents did petition the court for family placement but at this time the judge denied the motion until my parents take a parenting assessment since DCS had recommended it.

DCS only wants the parenting assessment done so the caseworker can find something against my parents for them to not have my kids. We all know no one is perfect.

I did have a copy of the manual already and they know. They aren't afraid of anything. I have proven to her and even the judge that this caseworker has committed perjury, falsified reports and made up injuries to the children. No one cares!!! Not even my lawyer who is court appointed. The laywer for my parents is not court appointed thank god. He has no problem standing up to these evil, malicious animals.

I however, have sent out my complaints to the reginal supervisor, the director of CPS and the Inpector General. So we'll have to see.

I want to thank everyone just for the support. It has been a long 3 months but I continue to hang in there for my children. I won't let them take my children.

Trisha G
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Joined: Sat Jan 13, 2007 7:30 pm

Postby Trisha G » Sat Jul 26, 2008 11:35 pm

Keep hanging in. I know it's hell and it's that much worse when the judge seems to be their best friend. We went through it in Boone County. Contact the attorney generals office and they can send you the information to file complaints against the CPS lawyer and the judge. Fight with everything you can.

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katgotsteve
Posts: 219
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Location: Georgia

Postby katgotsteve » Sun Jul 27, 2008 11:46 am

cam
i am from georgia too, from all my research fulton county is one of the worst counties in georgia.
Doesnt dee simms run that office now? you should really check her out.
also, read a few articles about the office there.
there is one about dfacs workers covering a felony for a fellow caseworker.

hang in there.

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katgotsteve
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Location: Georgia

Postby katgotsteve » Sun Jul 27, 2008 11:54 am

here is a report you may want to read
http://www.nccpr.org/reports/georgiarormarch2008.pdf

it shows that 876 children are in care from fulton county from sept 2006 to sept 2007.

also there are a few more reports under georgia on this page.
http://www.nccpr.org/index_files/Page432.html

they also have info on other states like florida. you should also say that statistic are a double edged sword. when they use them against you, you should use them against them. all this data was compiled from information that they reported. so it is probably not accurate, but it is alarming.

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kelz03103
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trying to help

Postby kelz03103 » Tue Aug 19, 2008 4:35 am

the child protection act RSA-169c
does not authorizea change of legal custody BEFOREthe dispositional hearing RSA 169c:19 III. DCYF/CPS often ask for and are grantedcustody of the childrenat the FIRST hearing (due process violation)despite the wording of the STATUTE.

III(A).legal custody may be transferred to a child placing agencyor RELATIVE provided however , that NO CHILD shall be placedwith a relativeuntil a written social studyof the relatives home,conducted by a child placing agency ,is submitted to the court.

did they even bother to do this?

hope that helps , ~Kelz~


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