CPS just plain screwing w/ us

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barbrarowe
Posts: 1
Joined: Tue Dec 20, 2011 11:16 am

CPS just plain screwing w/ us

Postby barbrarowe » Tue Dec 20, 2011 11:32 am

My daughter lost custody of her twins because they were born positive for opiates so my husband & I stepped in until she could get them back & then my husband was pulled over when our 3 year old grandson got out of his carseat & crossed the line while trying to get him back in. The officers saw my husbands prescription on the car seat & demanded he get out & do a field sobriety teat, leaving the 3 year old alone in the car on a busy highway, completely hysterical, trying to get out of the car. Consequently my husband could not concentrate on the test because the baby kept throwing things @ the officers & hanging out of the window barely being missed by passing traffic-so much so that the officers shut off the camera. They had someone come get the child then gave him the test which he passed so they took him on for a blood test, which he of course, has the prescribed medication in his system. They did release him from jail, not charging him as of yet, but CPS forced him out of the home. We just don't know what to do at this point because the DA has no record of it so we cannot prove the charges were dropped & cannot afford an attorney but I do want to sue the county for 'child endangerment' as well as false arrest- my husband has a letter from his doctor stating he can drive on his medication & if he was acting erratic at all I believe it has more to do w/ his blood pressure- which they are trying to get under control & which shot thru the roof that night. Someone HELP!!!

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS just plain screwing w/ us

Postby Eljay » Tue Dec 20, 2011 11:52 am

When you say "crossed the line" are you speaking literally or figuratively? I hope you're saying that he literally went over a traffic line. Dotted white? Solid yellow? Two lane highway into oncoming traffic? Was he drifting back and forth? Was he distracted? Why did it happen and how has CPS labeled his actions? When was he acting erratic? Before the police pulled him over? During? or only after?

Sounds like there is nothing to charge him with and at most, maybe a traffic citation for an unsafe lane change or some other minor moving violation. But, as you know, that doesn't stop CPS from making a mountain out of a molehill.

When you say "CPS forced him out of the home" is that on a safety plan, VSP or court ordered? It makes a difference on what your next steps may be. Where are you in the process?

Not that it matters, but we're talking about newborn twins *and* a three-year old? Is the 3 yr old one of the twins? All from the same parents? Do you have custody of all? Temporary or permanent?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Gdebski35
Posts: 9
Joined: Tue Jan 10, 2012 1:24 pm

Re: CPS just plain screwing w/ us

Postby Gdebski35 » Thu Jan 12, 2012 7:12 am

all very good questions. I hope the original poster comes back to answer so we can help her.


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