IS CPS GOING TO KIDNAP MY CHILD?

[Emily_Rugburn]

ok, another question...

What is the difference in them forcing me to no contact with my son and them removing my child? Because I honestly do not see the difference. If I didn't have his grandma, he would be in foster care. So what is the difference? And how can they say I'm not entitled to a court appointed attorney because he hasn't been removed from my care... Are they lying to me?

As far as I'm concerned, if the safety plan states no contact outside of cps office, then isn't that removal of the child? They are denying that it is.

[LindaJM]

Yes, sounds like a lot of double talk to me. The situation is no different than a lot of other families experience when the child is removed and place in kinship care. I don't understand why you settled ... what was that all about? I know they are incredibly coercive and will lie to convince parents to sign guilty pleas.

Though they won't give you an attorney you might be better off without one because you are intelligent enough to figure out how to do the court procedures on your own, and often people with attorneys are not allowed to speak out in court. If you are representing yourself they will have to allow you to speak, right?

What are the terms of the settlement? How much will it cost for you to go for a visit with your child?

[Momoffor]

Did you get tricked into doing voluntary placement somewhere along the lines and then they did the no contact order?

A distant relative went through something similar. She was allowed to keep her 2 infant twins, but her 2 older children were done as a voluntary placement with relatives. It was declared that she was a danger to her children and couldnt be left alone with them after the voluntary placement (Yet they are the ones that allowed the babies to remain at home) When my brother called them on the voluntary placement (he had one of the children placed with him) and asked what would happen if she went and got the older kids, they were told the kids would be taken away as she was a danger to the kids. (The twins stayed with her throughout after the relative placements. They had all been taken as an emergency removal initially, then when DA ordered that they give back the kids, CPS pulled this trick instead and had the DA's backing).

They are weasels!

But as Linda stated, you may be better off. When it comes to CPS cases, most lawyers advise you to bow down to CPS, sign off on whatever CPS wants and is accusing you of, and often times leads the way for TPR's. Court appointed attorneys dont care. You are just their required case, and it doesnt look good for their career to go head to head with CPS.

Stay strong Emily

[Marina]

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In our area, I see printers on craigslist for free.

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[Dazeemay]

If it had not been for this site we would have done whatever the lawyer asked of us. We stood our ground and our thankful to this day that we did. When we took a strong stand he ended up calling a former cps lawyer to ask her what would happen if we signed on the dotted line. She told him that he should not let us sign because it would be like signing our death warrant. He did not realize how bad they were. He didn't want us to do our Objections/Corrections form and we did it anyway and it proved to the judge just what went on between cps and us.

[Momoffor]

You can also check freecycle in your area as well for a printer

[Emily_Rugburn]

In their petition they asked the judge for the services (drug testing, parenting classes, counseling, psych eval) and then a safety plan placement with no unsupervised contact by me. My ex was not listed in the services or safety plan, he was only summoned to testify. But when we got there, they threatened us that the judge will not believe us over them, and we saw all the cases before us and saw that it was probably true. They told us if we could agree to the terms in their petition, that they would allow us a safety plan, rather than putting him in foster care. We agreed to them because it was clear the judge did whatever they asked for without second guessing them. After we agreed, they wrote my ex's name on their copy of the petition above my name on every line of the services, and wouldn't let him be the safety plan because he has a dwi from 6 years ago (our son is 5) and an assault charge from last year. So we didn't know we were agreeing to him doing the services as well, they pretty much tricked us into that one, because I don't think they can open a case on someone without an allegation of child abuse or neglect, but they did it anyway because of his past crimes. I'm considering motioning for a new hearing. Can the revoke the safety plan out of retaliation and take my son from his grandma's house to place him in foster care? If they would do that, I'm not going to go against them. They are really bad, and dirty, and underhanded...

[Marina]

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You can't fight the assault charge on your husband. He has to cooperate, or he can't have access to the kid. It is the law.

Child Welfare has "placed" children with so many documented abusive and deadbeat fathers that there is a mountain of evidence that you can't just do that when Child Welfare is involved. Children get hurt in these situations a lot.

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[LindaJM]

The truth is that CPS workers can do whatever they want with your child. From what you've told me about the caseworker it seems she will retaliate if you take this back to court now. If I were you I'd do the service plan to the letter, document everything, and never miss an appointment or a visit. This woman wants to make your life a living hell for practically no reason at all. Once services are court ordered you are pretty much stuck with them. Try to complete everything by the next hearing. Have it all documented. Write a declaration and attach documentation of all your services as "Exhibits" referred to in the text of the declaration. Let me know if this makes no sense or if you need help with the format.

[Emily_Rugburn]

It's not going to be possible to have it all completed by the next hearing. At the latest, I can have it done by May 6th which is the last day of the parenting classes. the hearing is june 28th

[mr.joe]

In their petition they asked the judge for the services (drug testing, parenting classes, counseling, psych eval) and then a safety plan placement with no unsupervised contact by me. My ex was not listed in the services or safety plan, he was only summoned to testify. But when we got there, they threatened us that the judge will not believe us over them, and we saw all the cases before us and saw that it was probably true. They told us if we could agree to the terms in their petition, that they would allow us a safety plan, rather than putting him in foster care. We agreed to them because it was clear the judge did whatever they asked for without second guessing them. After we agreed, they wrote my ex's name on their copy of the petition above my name on every line of the services, and wouldn't let him be the safety plan because he has a dwi from 6 years ago (our son is 5) and an assault charge from last year. So we didn't know we were agreeing to him doing the services as well, they pretty much tricked us into that one, because I don't think they can open a case on someone without an allegation of child abuse or neglect, but they did it anyway because of his past crimes. I'm considering motioning for a new hearing. Can the revoke the safety plan out of retaliation and take my son from his grandma's house to place him in foster care? If they would do that, I'm not going to go against them. They are really bad, and dirty, and underhanded...

Yes, they can take your child immediately from your mother and place him into foster care. I see that as a possibility that she could be deemed unfit also. Have her take the child to the Doctor for a VERY THOROUGH exam. Make sure the doctor states there were no bruises, marks on him or other health concerns, your mom just wanted a check up. This is the first thing I would do.

Secondly call Pacific Justice Institute in Sacramento http://www.pacificjustice.org They are a non-profit group who are ran off of donations, you are in California right? They can answer 90% of your questions here. Once you sign something, well it gives them more power than you realize, it is so much easier to permanently remove the child from your custody. Yes, certified mail is the way to go. Also get a Clergy member to sit in with all interviews, and ensure they take place AT the office, not in the home where they have even more options to lie (a pile of dirty dishes can somehow be exaggerated into a home that is unfit and has no food etc). Call a Church and ask the Youth Pastor/Pastor if they would be willing to donate their time to sit during the interview. This means everything that happens can be recorded/ or written out and the CPS worker will feel more accountable. She will almost have to agree to allow it to be recorded and or documented and signed by all parties. Most cases go right through because the parents sign their rights away, never sign anything without a lawyer to read it, ever.

[mr.joe]

The medical exam is to ensure CPS doesn't accuse your mother of physical abuse. We have heard of this happening all too often. Never smoke weed, and take that seriously. Smoking one joint when you have a child to watch over is plain irresponsible.

I'll pray for you, hang in there


Joe

[mr.joe]

Oh lastly, go to an independent lab on the exact day drug testing is due. They can play with the results, it happens in our area. I think it is fairly cheap in our area to have this done.

Being tested independently ensures they can't frame you. If you do not show up for the test, it is automatically deemed a dirty test. All they have to do is write down a different appointment time and you're screwed. My father was a CPS worker

[Emily_Rugburn]

No, I'm not in california. I'm in texas. I doubt they will be able to deem his grandmother unfit (he's with my exhusband's mother, not my mother). She has never used drugs or been commited of a crime, nor has her husband, and their house is immaculate. So they can just put him in foster care if they want to? They don't have to choose family over foster care? That's really crooked. And that also makes it obvious that they're dirty, because nobody with a good heart would choose foster care over kinship care.

Well, I'm come to the conclusion that I will do whatever they tell me to do and that they will still probably terminate my rights anyway. We just don't have enough money. That's going to be enough for them to use. It's pretty obvious that they do not intend to ever give him back to me. But I'm never going to give up.

And I'll just say one last thing... I hate america. If we ever get him back, and they close the case, we're not staying in this country. That is for sure.

I never would have said that before, but any country that allows them to do what they're doing is not a country I wish to be a part of anymore. They have ripped the very heart from my chest.

[rakhel]

Well, I'm come to the conclusion that I will do whatever they tell me to do and that they will still probably terminate my rights anyway.

You keep saying that and it will come true. If you tell yourself that you won't get him back, then you have lost already.

[Momoffor]

Well, I'm come to the conclusion that I will do whatever they tell me to do and that they will still probably terminate my rights anyway. It's pretty obvious that they do not intend to ever give him back to me. But I'm never going to give up.
And I'll just say one last thing... I hate america.

Dont give up. Thats what they want and love. Parents who dont fight back! Makes their jobs of tearing families apart so much easier that way.

As for America. I think that we have all felt the betrayal. I served this country and so has my husband. He was in Iraq when they came after us as a matter of fact. I believe that there was another parent on here some time ago whose x got the kids taken away and they were trying to tpr him while he was serving in Iraq with NO regard to solider sailor act. (BTW using SSA got the trial stopped).

You are going to have downs and lows thanks to them. But surround yourself with friends and family that are supportive and educate yourself as much as possible in regards to CPS in your area. Find something to keep yourself busy so that you dont have time to just sit down and think about whats going on for too long. Hard to do, and easier said than done, but you can get through this.

[Dazeemay]

Linda, the website owner, tells how she did not even have internet to help her but, she did not give in and found ways of getting her baby back. You to will find ways. It will come but, you need to rest, eat properly, breathe fresh air daily, do physical exercise, you must do these things so that you can keep your mind alert and be clear headed as how to defeat them.

As far as leaving America, many of us have been there with those feelings but, there is no where to run as each country throughout this world has a cps system. As my grandson once said, "Gramdma, we need to win the lottery and buy our own country."

[mr.joe]

I agree, please don't give up. They haven't earned the right to make you give up, and your child needs you. Smoking one joint doesn't equate to a reason to terminate parental rights. They can and do make stuff up, it never hurts to have the child examined by a Doctor when things smell fishy.
Workers can choose Foster Care over Kinship but it's not the norm here. Please still call Pacific Justice Institute ok in Sacramento. It is a Christian Organization so they aren't into where you live, they do it because they are Christians. They are very supportive, it will help. You don't necessarily need money, seriously. I would start going to church. It DOES help your case if you choose a mainstream church, no cults. It looks good in Court.

You CAN win, it does happen. Most people loose because they go head to head with the CPS Worker, please treat her nicely no matter what. Fnd something to like about her and treat her decently. She can't intimidate you without your permission. She is not that important, don't give her that power. You may want to contact your local paper, have them do a story on the CPS process. It adds accountability into the mix if they attend Court hearings etc.. the Sacramento Bee has been on CPS' case for months now, even before that little girl died in foster care. I am sorry you are going through this