The Stipulation.

[Lost and Heartbroken]

This is so sad that my best friend went to this MDT hearing, and expecting a good outcome, and even the 3 kids that she has now lost... She is devestated, cant even stop crying... They are gone. 1 has a b-day on the 23 and then christmas.. Cant even say good bye to her children now... Does anyone out here know if she is allowed to get the children a lawyer,or do they have to use the court appt. one? She(the lawyer) is not at all much of one thats for sure!!! She interviewed the children by having cps ask the questions, and her just sitting there listening..

[LindaJM]

I'm so sorry to hear this. What does MDT stand for? She must get a copy of the court order and do everything the court has ordered ASAP.

[Marina]

MDT is Multi-Disciplinary Meeting.

I am so sorry too.

[Lost and Heartbroken]

The MDT hearing never asked her to comply with anything. When her lawyer asked them what she had to do, or coould do,they never answered.

[LindaJM]

She could apply for a state administrative hearing. So this has never been heard in juvenile court? No court order? On what authority have they taken these children out of the house?

[Lost and Heartbroken]

No, no hearing, no court, or court order..They took them because thier g-ma that lives with them drinks too drinks a night to help her sleep. She puts one shot in a huge cup of Diet Coke. she is also trying to contact the FBI, because they were just taken in the workers car, and no order or warrant was ever seen. She just said that she was taking the children. and MDT hearing took the other 3. She has 6.. Also they had the school nurse there and she tried to tell them that awhile back she over heard the 5 year old say that mommy leaves the twins at home.(which she did the twins and baby with g-ma or father,for football or cheerleading) SO if she heard that then shouldnt she have actually reported that to CPS by law when if fact she <overheard>this? Duh, stop making up stuff and make these people tell the truth!!!!

[thiasmommy]

Hi,

Since when is alcohol illegal? Have they proved that g-ma has a drinking problem or sent her for an evaluation, This is Crazy!!


God Bless

[Lost and Heartbroken]

good question!! and no they have not.. I have actually been taking her to screenings to prove that she isnt drinking, and since they started that crap on her, the lawyer also thought it would be a good idea for mom to get tested, thinking that they will pull that next.

[Marina]

Do you know where the children are yet?

[Lost and Heartbroken]

Yes,she had an hour of supervised vistation today.4 are with dad and two are in foster care. Her 4 year old told her that she wanted to come home,but amy(cps worker)said that you didnt want us. mom was devestated...5 of the children all stated they want to come home. and number 6 is too small to talk much. She is still at home crying now,what kind of minsters would tell a innocent child or children that thier moomma didnt want them? when all she is doing is fighting for them,and compeletly wearing herself out..

[Trisha G]

Yes,she had an hour of supervised vistation today.4 are with dad and two are in foster care. Her 4 year old told her that she wanted to come home,but amy(cps worker)said that you didnt want us. mom was devestated...5 of the children all stated they want to come home. and number 6 is too small to talk much. She is still at home crying now,what kind of minsters would tell a innocent child or children that thier moomma didnt want them? when all she is doing is fighting for them,and compeletly wearing herself out..

She and her children are in my prayers. Sadly we had one of them tell our son that we were giving them to the state. He was older, but that's still the most wrong thing they can do to a child. I hope she finds her way out of the deep, dark tunnel they've thrown her into.

[Marina]

Here is the WV CPS policy manual

http://www.wvdhhr.org/bcf/children_adul ... 0_08_1.pdf

Foster Care Policy

http://www.wvdhhr.org/bcf/children_adul ... policy.asp

Bill of Rights for Foster Children

http://www.wvdhhr.org/bcf/children_adul ... rights.asp

[Lost and Heartbroken]

Thanks you! I am going to read it now and see what all they have done so wrong!!!! Poor babies. They are all already so scared and so torn up. They cry everythime they just see her. How awful they this is even allowed in this country.

[Lost and Heartbroken]

Well,she spoke to her laywers, and also to the CPS supervisor. Both ARE claiming that neither one of them understand any of this...The superevisor is claiming that that he doesnt understand anything that is going on. The lawyer is too confussed with this case. Not understanding what is going on to prevent mother mother to have her children back, and the CPS supervisor is also agreeing. This is a very odd case from what her and I am told.. She gos to court on the 22nd, and the supervisor is on her side also. Noone is understanding what the problem is, ans why she cannot have her children back back after the hearing. Any ideas would be appricicated. THANKS AND GOD BLESS..

[Lost and Heartbroken]

Well,as from reading the hanbook, the CPS worker has done alot of stuff the wrong way! I took notes, so that her laywers may bring it up in court! I hope that everyone is praying for her and her children, she god to court on the 22,which is tomrrow,for the adjucante(spelled wrong,sorry) so i will have to let you all know what happens. Between her laywer and the CPS supervisor, they can not see why she can not get her kids back at the hearing. And they both are saying that. So I dont know. You would think that the CPS workers supervisor wouldnt be on her side, but this man is all the way. He is even going to be a witness for her. Is that weird to you, or have you all heard of this before?

[Lost and Heartbroken]

Well, court was yesterday, the judge decided to postpone everything,because the CPS people decided that they would deal with her under certain stipulations, but didnt even give those to her or too her lawyer,right until they had to go into court. So now its a wait until January. Noone home for christmas. All 6 are gone. Happy Birthday to her oldest who today is turning 11. Yet they just dont even care they broke up this family...She cant even see them.

[Lost and Heartbroken]

The respondent-mother admits to the abuse and neglect of the children named as alleged in the petition and states that she has failed to do the following: A.provide appropriate supervision of the children; B.to follow through with approiate education and developmental interaction with the children; C.to provide a safe,sanitary ,and secure shelter; D.provide appropriate medical treatment for two of the children. Based upon these stipulations, the children are neglected children within the meaning of the West Virginia Code 49-6-1 ec. al. In the intrest and sprit of the law and in the best intrest of the children ,the respondent-mother should be placed upon a six(6) month improvement period. that this matter should be brought back on for review within 90 days of the date of the entry of this stipulation to review the progress of the family reunification issues. This is the stipulation that the CPS and thier lawyers are wanting her to agree to. She has only until the 5th to decide on what to do. Now mind you, this all started because her water had gotten shut off. Now it has just progressed. its like they are just making stuff up now, because she stood up too them. Anyhow, she is really just wanting to do whatever it takes to get these children back home as soon as possible. If she signs this, does that mean they would be returned to her after that? She is already planning on sueing the caseworker,and her lawyer said that she can do that either way she gos. She is just wanting to get them back home asap. One of her daughters now has lice,since being out of her care. Please if anyone out there can give me some advice I would appriciate it. Thanks,God Bless!

[Marina]

Go to the West Virginia government site and do a search for

stipulation + child

and

stipulate + child

You will notice that a stipulation is an "uncontested adjudication."

IN RE: AMENDMENTS TO THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS
http://www.state.wv.us/wvsca/rules/abuseand.pdf

1. Stipulation probably means the parent admits guilt.
2. Sometimes it just means that the parent admits that the family needs Services. One Service would be temporary Out-of-Home care for the children.
3. Sometimes it means that both parties agree to certain facts before going to court, such as the fact of the parties' names, addresses, jurisdiction and the fact that in such and such a month the family was without electricity, etc.

A Stipulation cannot be appealed. It is like a plea bargain.

ALL court-appointed lawyers stipulate, and then the parent can't appeal the original accusation of neglect.

I have never seen anyone on this forum who advocated a Stipulation. Many wished they had never stipulated no matter how long it took.

If you stipulate, then you are stuck with a plea-bargain Service Plan with a deadline of 15 months or so, which may end with Termination of Parental Rights.



http://www.wvdhhr.org/oss/Abuse%20and%2 ... selaw.html

WV CHILD ABUSE AND NEGLECT CASELAW DIGEST

[Lost and Heartbroken]

Sorry that I put this in the wrong place. I apologize. just used the the same spot I already had, so for those I had offended, I am truely sorry. Tomorrow is the court date. So thats when she has to decided on the stipulation. She is very extremly scared, and still is not sure on what to do.I do not think that I have ever seen someone so sad, and so depressed as she is now. Never like that before,until her children weer takin away.I am now worried about her llife. She keeps saying that since she doesnt have her kids, then what does she have to live for. I keep trying to tell her too fight for everything that she can, but I believe that now she already knows the outcome. If she does something stupid after tomorrow, and does not receive her children back, she may, or will end up on the front page page of this site. They have totally and literally worn her down to nothing. So sad... Any ideas would be welcomed, but it would have to asap. Thanks so much. God Bless You All, and please pray that her children will come home tomorrow... Please.

[cambreenellie]

Sorry that I put this in the wrong place. I apologize. just used the the same spot I already had, so for those I had offended, I am truly sorry. Tomorrow is the court date. So that's when she has to decided on the stipulation. She is very extremely scared, and still is not sure on what to do.I do not think that I have ever seen someone so sad, and so depressed as she is now. Never like that before,until her children were taken away.I am now worried about her life. She keeps saying that since she doesn't have her kids, then what does she have to live for. I keep trying to tell her too fight for everything that she can, but I believe that now she already knows the outcome. If she does something stupid after tomorrow, and does not receive her children back, she may, or will end up on the front page page of this site. They have totally and literally worn her down to nothing. So sad... Any ideas would be welcomed, but it would have to asap. Thanks so much. God Bless You All, and please pray that her children will come home tomorrow... Please.

Your friend has to remain strong and stop being selfish. I don't mean this in a rude way at all but in reality if she hurts herself she is only hurting those left here on Earth. Haven't you heard that before? When someone dies they are in a better place while the one's here on Earth are left to suffer. So who is going to suffer? The kids!!

When my kids were taken I was torn, pissed off and depressed but who cares how I was feeling, it must be worse for my kids. Think about it! I thought I had nothing to live for either but then I began to think that this is only TEMPORARY and why would I want to hurt myself and make something PERMANENT.

My kids love me, need me and depend on me and if anything were to happen to me they would be in a worse off situation then they are now.