CPS dropped the ball?

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jwb
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Joined: Tue Sep 07, 2010 11:55 pm

CPS dropped the ball?

Postby jwb » Wed Sep 08, 2010 12:10 am

My 17 year old son was admitted to the hospital at the beginning of the summer due to severe depression. A couple of weeks before he went he had called CPS in retaliation for a punishment. CPS got involed with the hospital and he was dischared to and placed in temporary custody of his 28 year old half brother pending the investigation of my household.

This happened without a homestudy of neither my or my sons new residence and without any court proceedings.

Last week we recieved a letter than in essence exhonorates me of any of the charges levied against me and the case is closed. My son refuses to come home and his half-brother said I'd have to take him back over his dead body. He doesn't want to come home because at his new house he can do what he wants when he wants. My son has a long history of depression and I feel that he is special needs and isn't being properly cared for.

If CPS removes a child from a household and closes the case out without any charges being filed, are they obligated to return the child home?

Did Texas CPS drop the ball here?

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Dazeemay
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Re: CPS dropped the ball?

Postby Dazeemay » Wed Sep 08, 2010 11:37 am

CPS can do anything they want; even drop the ball.

When will your son turn 18?

He legally cannot leave home until then but, I have never seen or heard of any cases where parents have legally battled to get their child home at this age.

It concerns me when young people are depressed. Our youngest daughter was and still is (she is now 39) and we did not know why and the drs. didn't help nor prescribe her the right meds. She moved out several times but, always came back because underneath she knew she had a problem. She was trying to be independent which all teens struggle with and we let her go but, kept a very close eye on her through her work and friends. He may be having a difficult time in admitting he has some mental issues and this could be why he doesn't want to come home.

Is the half brother a reliable person? If he is I would try to work with him and perhaps reach an agreement with him in helping your son.

If he looks like he is being forced to come home he will fight you all the more. Let him know often that you love him and will support him in anyway you can. I believe our daughter came to terms with it because she couldn't blame us anymore that we made her feel this way.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
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jwb
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Joined: Tue Sep 07, 2010 11:55 pm

Re: CPS dropped the ball?

Postby jwb » Wed Sep 08, 2010 4:28 pm

I'm compiling a document of all the events that have happened with CPS, etc to make it easier to wade through all the information. Here is a small excerpt.

5/9/10 - Child Safety Evaluation and Plan
dad agreed to cooperate, girlfriend was to leave house within 24-48 hrs pending investigation. Not allowed to take any communication devices from child.
CPS to monitor and provide services
Document signed by dad and caseworker


7/5/10 - Child Safety Evaluation and Plan
CPS left note stating dad agrees to place son with brother until cps makes a determination in case. agrees to cooperate with agency during case. not allowed to remove son from placement.
agrees to participate in family based safety services follow recommendations.
worker to monitor and provide services with home visits and telephone calls.
if tasks are not completed cps will seek legal advisement for protective custody of the child.
document NOT signed by dad, signed by cps worker and supervisor

These are yellow carbon copy pages titled Child Safety Evaluation and Plan

The last one was left on the front door as nobody was home.

Nobody has been through a judge, there was never any contact with the case worker, we left weekly messages but they were never returned. We were denied contact with our child and cps never followed through on any of the counciling or home visits or counciling that it ordered.

My ex wife came back to live with me during the "investigation" because she almost died from a severe case of pnumonia and needed care after she was released from 2 weeks in the hospital. My son hates her because she has him figured out and always busts him on lies and the last time suspected drug abuse.

CPS mailed a letter on 8/27/10 that states the investigation is now closed and there will be no further agency nivolvement with our family unless they recieve another report of abuse or neglect which by law they would need to investigate.

We want our son to come home. The only reason he refuses to come home is because his brother lets him run wild and do what he wants. His brother is keeping him there because he recieves nearly $1000 a month in social security because his biological mother is dead. Given my sons history I'm worried that he will get into some trouble and I would feel safer him living with me.

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LindaJM
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Re: CPS dropped the ball?

Postby LindaJM » Thu Sep 09, 2010 11:48 am


I believe at age 17 a child can choose where he wants to live. That's the law in my state (California) and as for me, I wouldn't want a 17 year old child to come home involuntarily because what would you get? An angry teenager! Oh what a joy to live with! :roll:

Why not instead agree to the arrangement IF he agrees to see a therapist weekly due to his depression? My son was depressed at that age; apparently it is common for teen boys to get depressed.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

Marina
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Re: CPS dropped the ball?

Postby Marina » Thu Sep 09, 2010 5:57 pm

,

How did the caretaker get to be Representative Payee of Social Security?

Download the form from SS site, fill it out, make an appointment and take it to the SS office for the personal interview. This is called Social Security fraud.


.

jwb
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Joined: Tue Sep 07, 2010 11:55 pm

Re: CPS dropped the ball?

Postby jwb » Sat Sep 11, 2010 10:46 pm

The age of majority in Texas is 18. At 17 you can petition the court requesting emanciption. With regards to social security, i believe at 16 you can legally change the payee yourself.

I spoke with CPS. They basically said that they don't have to return him, even though the case is closed and they are taking no further action.

My son has numerous psychological issues, one of which is anger, so I'm used to him being angry. I'm not worried about that. He filed this CPS report because he was angry. He did tell me before he was removed from the house that he was sorry that he had lodged the complaint and had tried to cancel it.

In addition to him having virtually no supervision, his brother refuses to give him the medication he was perscribed and told me there is nothing wrong with him as if he is a licensed psychologist. His brother also physically abused him when they were younger and showed my son pornography when he was 8 years old. This is the last place I wanted him to be placed, however due to my son's special needs, everyone else refused to take him in.

I am planning on sending a letter to his brother informing him that I am immediately terminating any and all guardianship that may have been granted and giving him a window of time in which to return my son or I will be forced to persue other remedies, including filing charges for interferring with child custody (felony). Hopefully this will be enough...

In the mean time, the more that I investigate, it looks like I have a legitimate lawsuit on my hands against CPS.


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