I will fight the system...

[lovemyson]

My son was kid-napped (Yes, kid-napped) by CPS. I have jumped through every hoop they have asked of me and still do not have my son back. It has been ten painful months without him. I'm tired of this and I am going to Sue CPS. I am a wonderful mom and never deserved this nor did my precious angel. Anyone on here have any luck sueing CPS?? Thank you!

[monkette31]

Tell us more so we can help you. There are thousand of us and a lot of stories. We need to know where you are at>. Ya, we understand the snake, but we need to know how we can help you. Much love

[lovemyson]

I had kinship custody of my three year old niece as well as caring for my three year old son at the time. My niece had behavorial problems. I became overwhelmed and when the social showed up at my door to ask how I was doing I was honest and told her not well that I was overwhelmed and that she needed to place my niece with another family member. My mom was at my house at the time trying to get my son and nieace ready for daycare. The social worker insisted on taking them to daycare, my mother told her no that she would take them to daycare. The social worker then called the police saying that my mom was acting aggressive. When I told the social worker that I was overwhelmed and needed my niece to be placed with another family member she assured me that I was doing the right thing and that it was their (CPS) fault for putting to much pressure on me being a single mom on disability. So I trusted her taking my son to school. She told me to get some rest before he came home. Well, he never came home. Two social workers showed up at my door at 7:30 that evening to tell that they went ahead and placed my son in foster care as well as my niece.
The next morning I am expected to be in court in which the same social worker who took my child drove me to court...come to find out I'm charged with neglect (which soon there after got dropped) and Dependency. My lawyer talked me out of a trial and has failed to represent me in any shape or form. My lawyer never returns any of my phones call and is pregnant getting ready to go on maternity leave. I asked her to file a motion back in Febuary and had one scheduled for March 31st but that got pushed back until June 24th. Not only do I plan on sueing CPS but my lawyer as well for malpractice. What are your thoughts? Thanks!

[caaach]

If the neglect charges were dropped on what grounds do they hold your child?

[lovemyson]

That is an excellent question. I guess they are keeping him on the "Depenency" charges which I'm not even really sure what that is.

[MaggieC]

You need an attorney. If your son is in care then you should have (at least in all the state law I know of ) the right to question such care. The right to bring CPS to court to question the continuing care order. If you can not afford a private attorney, then look into legal clinics in your area (some are run by local University Law Schools, and/or get down to the courthouse to ask about your situation.

I admire you in that you wish to "fight the system" but fight smart. Use the law to fight.

Godspeed to you.

[lovemyson]

I have a court appointed lawyer who keeps trying to talk me out of filing a motion to go before the judge. Finally, today I had enough and left her a message demanding to file a motion. I just feel so beat down. Ten months is way too long to be away from my son.

[family_man]

Let this is be a warning to anyone reading this board: Never, ever tell a CPS social worker that you feel "overwhelmed." The natural conclusion she will reach is that you need help, and the type of "help" you will most likely receive is foster care. The same goes for counselors and other mandated reporters.

What is their long-term plan for your son? If it is reunification, then they should be moving you up to unsupervised visits pretty soon now. If they haven't already done this, did they give you a reason why not? What state are you in? In Texas, the judge has to issue a ruling to determine the child's final status within 12 months, but this can be extended for another 6 months if necessary. Events should be climaxing pretty quickly now.

It is absolutely OK to request a different attorney, especially as your current one is coming due for delivery soon.

In practical terms, it doesn't really matter what the original charges were. You're in the system now; you must have stipulated to something. In my case, CPS didn't really care what I stipulated to, as long as I stipulated to something. That was the price I had to pay to avoid a full-fledged adjudication trial.

I'm so sorry you're going through all this trauma.

[Michael]

I have never seen a "dependency" charge. What are the allegations? Is it drug or alcohol related?

[lovemyson]

No, not drug or alcohol related. Absolutly no drug or alcohol involved. The way it was described to me is that it is similiar to neglect. Still I did not understand it.
Interesting that you have never heard of that charge because either have I.
I think I will google it now.

[family_man]

The way CPS sees it, you were crying out for help when you told them you were "overwhelmed." Their job is to "help" families get through difficult times, and sometimes they have to bend over backwards to get you the "services" that you "need." If they have to invent some new reason, like "dependency," then so be it. Whatever is in the "best interests" of the child is what they strive to do. That's the way they see it.

Looking back at my own experience in the system, it was right at ten months that I graduated to unsupervised access to two of my children. (A third was kept locked down in an institution.) My caseworker congratulated me for "achieving" that important milestone. Never mind that it was only her own foot-dragging that made it take so long.

I would think that if their goal for your son is still reunification, you would be promoted to unsupervised status pretty soon now. If they haven't, it makes me suspicious that maybe they've secretly changed their goal to adoption and forgot to tell you about it. This is one of the reasons that you need a vigorous attorney who is really fighting for your interests.

[lovemyson]

To Familyman,

Yes, I have reached the milestone of unsupervised visitation finally. I researched "Dependency" and it is Abuse/Neglect...hmm, there was NEVER any "Abuse" and the "Neglect" charges were dropped (because, of course there was not any neglect either).
Yes, 10 months and I'm now allowed to see my son unsupervised...next, we move to over night stays at home.
My poor son is so confused as he is only four.
I do need a good lawyer fighting hard us. My court appointed lawyer will NOT listen to me or do as I ask, which is to file a motion to go before the judge. I have done everything asked of me which included a seven and a half hour pyscological exam with one ten minute break. It was more like an interagation...people simply do not test for that long without breaks. And of course he was on CPS side. I also have gone to therapy every week and well the list goes on...
If my lawyer does not straighten up I will report her to the state bar (wonder how many complaints she has had).

[caaach]

The lawyer probably never had a complaint.
If you are going to fire your lawyer do it now. If your lawyer did not get your son released back to you when you were found innocent of all other charges he should be fired and a new one appointed then fire that one right away because he will do the same thing, in this state it is three and you get to choose a private on the states bill. But, otherwise be prepared to jump through some major hoops and most of the time parents still loose. But If you have unsupervised then you are more than likley getting him back dispite your lawyers best attempts. For the rest of the people out there ......

Allow me to define "Dependency Charge" as it was explained to me by my daughter's public defender.

When the state takes your child into custody they have a charge they use to bring you before the judge, be it neglect or abuse or what have you. In my case it was neglect on my daughter's part for being in prison. She had signed a power of attorney granting me temp custody. I explained this to the lawyer and that is when I learned what dependency charge is. You see regardless of what the original cercomstances were surrounding the cps involvement, THE CHILD IS DEPEMDEMT NOW, and will be untill he is no longer in their custody.

Now how do you get out of that. it is a catch 22. We will give you your kid back if you are innocent of all charges but how can you be innocent of that one.

CAAACH

[lovemyson]

Finally, some good news to share with you all!!!
After ten long of being seperated from my four year old son, we get to confuse him a little more and start overnight stays on the weekends at home with me.
How was I able to pull this off?? By raising A LOT OF HELL...then and only then did CPS start really moving.
My lawyer finally got a clue that I was not playing around anymore and has filed the motion to go before the judge. Now all I can hope and pray is that the judge is compassionate and can see all the harm this has caused and beleives that children should be with their loving mothers.
The price of weekend overnight stays?? A therapist that CPS chooses to evaluate, judge, and monitor our progress of overnight stays. I can already predict how this will go down...just like our unsuperised visits, my son will start acting out once he has to go back to foster care and it will be reported that he is having behavioral problems.
Aww, don't you just love the system??

[monkette31]

this is huge that you got overnights!!! If they had no intention, they wouldn't have even done this. Your best bet is to get a long with the monitor or whoever as much as possible. I know how it is, after I got unmonitored visits, they started saying my son was acting out 2-3 days later and the unmonitored visits was me to blame. I am quite sure it was just a blatent lie for them to no support the progressing re-unification. In my case, my one son is with a wealthy family and that is good materialistically but dcfs has a policy, that the caseworker even told me so, that they do not return children if they have to take them out of a "better place from whence they came", meaning cause he's got the home with all of the material amenities, there is where they want him to stay.

They don't understand, you can live in a home full of wealth and still be abused and neglected.

My other son, about 3 weeks before our 12 mos. review, i was supposed to get unmonitored with him as well and they blamed my children's visit with him on his birthday for him acting out. After the 12 mos hearing, suddenly he was back to being fine. They did this to ensure that we would not get unmonitored visits. You have no idea what I imagine for these people, all the people, including dcfs....

[redeem2011]

Regarding ; I will Fight CPS,

Thank God for all you Blessings & Victories, no matter how small.
Always remember that CPS does not play fair, cannot be trusted so don't let your "guard
down " , they are always looking for as much information to use against you,enjoy your visits but know that you are stll in " enemy territory ".Do your homework, be proactive, pray,
God Bless you and your Family.

[lovemyson]

Yes, absolutly I give thanks to God for all of my blessing and victories!!!

[havinfunat36]

ok so what would you do if you where with someone for seven years and they told you that they would never ever leave. and you truted them with all you heart and sole but deep deep down new that was going to be a lie that they could not help but tell.

then one day someone that you have been having a dissagreament over anything mine just happen to be my daughters death and that someone was her family.
then one day they tell her some bullshit that aint even true or ever would be. so you do every thing to prove your inocents and have done so. but it dont take the dammage away and you are still stuck without being with the ones you love.

you try you hardest to keep you calm but no matter how hard you try and no matter what you do and knowiing that you want to do the right thing the law abiding the and use the justice system

but the justice system keeps failing you every time no matter what evidance you have or what you do. they still prevent you from seing your loved ones. this has been the case now for me going on one year

now this is a blanten attack against me but it doesnt onley affect me. It also hurts everyone that cares ecspecialy my family. this attack is not onley comeing from the ariginal source now it involves our justice system. so saying that what should do? do

I need some serious advice because not so far in the future I just might loose everything to the system and I am not sure how to react. I have tried the legal way and still getting no results. so does it pay off to do the right way hmmmm no as far as I see it you going to loose no matter what

The thing that hurts the worste is I realy dont think she cares for anyone but herself. She is being narcasistic. The main reason that I wanted to sue for the wrongfull death of my daughter is because I dont want this incodent to happen again where an OBGYN flat out tells you to drop it because she doesnt feel that it will be an issue well four days later it became a nightmare.
KAELYNN JEAN/MARIE CANTERBURY

I want the world to here the name that we chose for her since she didnt even get to here it herself

KAELYNN JEAN/MARIE CANTERBURY

All the proceeds that would have been awarded where going to be put into a foundation under her name. To educate Pregnant women on how to Identify sighns and how to be able to ask question that are important to the OBGYN. A non profit organization. I am not sure where this suet stands now since Amie and I am no longer together and is the basis of why that is. When we obtaind our Attourny we where asked to set up a trust in her name and we would be the benificarys. I didnt want my name on the trust this way to prove I was not after any profits accured. So Amie set the trust in her name
After the seperation I called the attournys and asked if the case was still procceding. The would not speak to me or even give me an answer because I didnt sighn the trust. Now this whole thing lies in Amie Kruegers hands and I am not sure if she is continuing or not. I am going to say she dropped the case. The reason why is because we are no longer together and that was what her parrents despited me for. The alogations where stemmed from hear say threw her mother and sister Nicole Krueger , Debrah Krueger.Her father Richard K Krueger physically threatend me with bodily harm. Even to the extent of comeing to my residance with a baseball batt. and repedidly over the phone threatend my life. over this suet no we can tell the reason they wanted to make these alogations. I even told Amie on numurious accosations that I was in fear that her parents where going to try and take Natalie from us. She told me not to worry. I explaind Amie all it takes these days is for someone to accuse you of doing someithing and you will lose your child I dont have enough fingers or toes to tell you how many times I expressed that concern to her. I guess enough times to where they actualy realized that it would work to their bennifit. This whole thing has been a huge conspirocy. And all it take for that is 3 or more people Lets count them up we have #1(Debrah) amies mom #2(Richard) her dad #3(Nicole) amies sister, and #4 (the DHS worker), and last but not least #5(Amie)her self Now we have the court system. Which could be using its time on other matterly events that in actuality realy happend. Pluss I am aware that they gave Amie funds so she could find a new place to live. Isnt that great I had to stay in my car for over Three months until I found a roomate. When she left she didnt take anything at first. I started to get really emotional and had a hard time containing emotions. felt overwhelmed the loss of Kaelynn Jean/ Marie then the sudden loss of the One I was to trust the most Amie and to put matter even worse Natalie wich I have not been able to see I couldnt controll my heart rate and breathing and went into a shock and awe state panic attack. I thought that I was having what felt like a heart attack and could not slow my breathing arms started to get numb and became dizzy from light headedness
I couldnt controll my heart rate and breathing and went into a shock and awe state panic attack. I thought that I was having what felt like a heart attack and could not slow my breathing arms started to get numb and became dizzy from light headedness. I then called 911 for medical attention. Some of the questions they asked where if I was suicidal I told them no not at this time the dispatcher then asked if I had ever tried to commit suicide? I told her yes about 10 years eirlyer. She then told me that everything was going to be ok and help was on the way I then called 911 for medical attention. Some of the questions they asked where if I was suicidal I told them no not at this time the dispatcher then asked if I had ever tried to commit suicide? I told her yes about 10 years eirlyer. She then told me that everything was going to be ok and help was on the way little did I know yes indeed help was on the way about 10 portland police officers with all their heavy artilery out. kinda scarry I procceded out in the fron yard with my arms raised. one of the officers asked if he could come and search?
I gave him the "ok" but did let them know of an existing medical condition wich is spinal bifida. Two of my verdabres never full developed at birth and it was resently descoverd so I explaind that I cannot be man handled my attire that I was whereing was shorts and a tank top tight fitting. and socks. the first thing the officer did was forcefully grab my arm and twist it behind my back. At that point I pulled away screaming wait a minnute next thing I new I had been tazed. things where pretty calm until that point. I began to struggle and try to tear the tazer out of my side.
before I could get it all the way out I was then shot a second time. I lost all function at that momment and dropped head first to the ground wich cause significant skin laserations. After hitting the ground all of the officers decided they needed to pounce on me as well, planting knees in the spinal area and tuging back at my arms.
I asked why they tazed me and why I a being placed in handcuffs. the officers first response was "because you resisted arrest." I said "wait a minnute I called you for help" the officers response to that was then dont call us for help if you dont like how we help" sounds like the typical portland police wouldnt you say
ok so now I have to spend the night in the hospital under a police hold. While they are doing exrays of my chest, couldnt get a stable reading on the EKG and had to inject me with something to stableiize my heart pluss a brain scan cant remember what it was called.
finnaly they where able to get me normal again. while all this is happening since I asked the abulance drivers to call Amie so she could secure the house. instead she was removing all of the electronics there that where worth money including jewlery and other such valuables. most of which where birthday gifts of mine. I finnaly got released from the police hold and went down the CITY HALL and filed a report against the portland police. A day went by and then I was told I had to move from my residance because it was Amies Uncles house, I was given three days to pack up all the stuff there and move it.
I began packing. but onley to get served with a restraining order 24 hours later and told I have to leave and leave everything there but my clothes and phone. I did Something happend and Amie had a brief momment of sympothy because she remodified the restaining order to allow me back onto the premissis onley to pack and move everything by myself.

I did it took me 5 days longer than what I had but I got it done. put everything into storage. Amie found out where the belongings where and went to the storage and cut the lock. She removed several large truck and van loads from the storage. with the help of her family. what they didnt remove from the storage they dammaged in a recless haste that was the last I heard or seen of her untill I filed a motion against her for remodification of the restraining order this way I would be able to see Natalie. Well I keep going to court on this representing myself but it keeps getting postponed because her attournys ask for more time
She is trying to use this as leverage as well against me to gain full custody of my child.
I dont know what to do

Please please help

these are the alleged allogations against me the reason I have not got to see my daughter nor her me
.
the same thing was said about the mother as was me. The questions to my daughter where "does daddy squeeze (it) and white (stuff) come out? her reply was yes. next question does mommy squeeze (it) and white (stuff) come out? her reply was the same yes. Does daddy touch you with (it) reply was no. Do you touch (it) and white (stuff) come out? reply was no. and same for the question repeated but asking about mommy. what (it) is I have no idea because there is a whole universe of its. What they are trying to insinuate about the white (stuff) is beyond me. My daughter just resentaly had an elergic reaction to something and had a schedualed doctors Appt. later that week. Ame the mother would apply all creems to my daugter. If she needed some when mom was at work I would squeeze a little onto my childes palm and let her go and put it where she needed it. mostly hydrocortizone cream prescibed by her doctor seeming she is only 4. Now this questioning is being held against me as if I was a sexial devient. what can I do? Court tommorow!!!!!!!

Now this is the biggest thing they are using in their case. No one has been charged with anything and I took a polygraph and passed 100% with no deception. but that isnt being brought up. they are asking that I take a sexial phsocosis and a phsycology eval before I even am alowed supervised visits. Oh yeah DHS has closed the case and said that they where going to find the investigation as founded mostly because of their fault for not getting the proper documentation to the sexial phsocosis and a phsycology eval phsycologyst. So my child and I am going to be punnished by not being able to have contact because the DHS worker didnt send the files to them. we did set up an appointment for both evals that I was willing to take but at both appointments the documents they needed to give me the proper evals were not sent because the DHS worker didnt think I was going to show for the appointment. So didnt bother to send them either time.
Now since DHS said it was founded what do I do?
they have closed the cas and I filed for a remodification of restraining order for parenting time. But Amies attourny submitted for DHS documents to try to use the founded verdict against me. This is streight up wrong


someone please help

Please help

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[lovemyson]

Hey havingfunat36,

I'm really sorry to hear that you are going through all of that. It is probably best if you start your own post! Best of luck to you!


lovemyson

[lovemyson]

Great news everyone!!! My son starts over night stays for the weekend starting next week and then will be placed back home on May 25!!!
I am not done though...still plan on fighting the system. I found out through the social worker that my lawyer (The one who is suppose to be representing me) that she told the social worker that she did not want to file a motion for me also she said that I was getting on her nerves. There was a witness there that heard what the social worker said. Wow, unbelievable. I can report her to the state bar. I can also sue her. Not going down without a fight. It's nice that my son is finally coming home however he should have been returned to me 10 months ago.

[monkette31]

I am so happy for you lovemyson, that is the best news in the world. I know you must be thanking god! Please promise us that you will document everything now. I had an 8 month successful re-unification with my children back in 2007 and they snuck up on me in late 2009. You must always be aware now. If I had to do it all over again, I would have moved, but I didn't. I thought other people go through this, I did everything right and they will not bother me again.

Never be complacent like I was.

Anyway, i am so happy for you!!!!!! And happy that your son will be getting what he truly needs and THAT IS YOU!!!! Congratulations and please keep helping us all out here and make the world aware of the system's abuses. I'd also try and not mention intentions of lawsuits and such. THey are such an evil system, they might take vengeance. Ok, you have the best re-unification! Keep in touch and god bless you!

[lovemyson]

Dear Monkette31,

You are such a sweet soul! Yes, I am very thankful to God that my son is coming home soon!
Trust me I know how corrupt the system is and I do think that they will try to take him away again. You right I should probably keep quite about my plans.
I am really sorry to hear about your situation. You are in my prayers! God bless!

lovemyson

[LindaJM]

This is an update request. How are the overnight visits going? Is everything still seeming positive about the return of your child to you? I hope so!!!

Be sure to let us know in the Happy Endings section of this board when your child is returned, and when your case is closed. We will find this very encouraging to hear about.