needs advise please... stop cps now!!!!

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paytonsparents2012
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needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Sun Jan 29, 2012 5:51 pm

I pray someone will have advise…. PLEASE… CPS came and took my daughter with out conducting an investigation, without offering services (although they said they did), and Lied repeatedly in their petition for dependency that they filed with the judge to have her immediately removed. We are not drug users and have provided clean UAs (2 week (random) for a month) Every person we come in contact with asks us why we are in the system, saying that we don’t fit the ‘norm’. My daughter is the real victim here and is suffering tremendously! she was in the middle of potty training, was walking, talking and a happy normal little girl and now they have her in speech therapy because she wouldn’t talk to them the first few days after they ripped her out of her home, and regressed in all her learning. we are doing everything possible to get her returned to us. We are in the CPS office every day usually 2 to 4 times a day meeting with supervisors and getting no where. Everyoone says “well you just have to jump through our hoops to get her back even if you didn’t do what the intake worker says you did” I have documented 37 lies in his petition and have legal documentation proving probably around 15 of them. I filed an objections and corrections with the department and they are filing an amendment with the court tomorrow admitting that the intake worker ‘made mistakes’ but still will not work with me to return my daughter to her home where she belongs. I have filed with ombudsman, spoke to several supervisors, gotten the number to file a state administrative hearing. I don’t know what else to do… We do have court appointed attorneys but they will not do anything, even return phone calls for weeks. I have told CPS that i am representing myself but they keep telling me to contact my attorney. PLEASE help us and our daughter.. we can recover from this unjust action but my baby girl may never recover if this is drug out any longer!
I want to make them pay but more than that I want to hold my daughter and keep her safe. We are and always have been good parents and NEVER abused our daughter (emotionally and psychologically) as accused!!! I have told they I will cooperate in an investigation because I have nothing to hide.. I just request that she be placed at home for the duration of their investigation for an 'in home dependency' but they say not until we have completed all services suggested, there are no court ordered services. and our attorneys told us that we do not want a contested shelter care hearing even though i think i have enough proof to prevail because they say that hear say is admissible and the workers and police can say what ever they want and the judge tends to listen to them over us.

Beatthescammers
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Re: needs advise please... stop cps now!!!!

Postby Beatthescammers » Sun Jan 29, 2012 7:52 pm

Keep checking back on this site for advice.

Here is only one idea. Consider seting up appointments to speak with the purse string controllers of CPS in your area. This will be your elected local state representatives and elected county commissioners. They may be interested in hearing about how county funds are being abused and wasted in addition to angering VOTERS. Behave politely (difficult to do when CPS is so immoral and infuriating) and bring photos of your loving family.

Read this:
viewtopic.php?f=82&t=8944

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monkette31
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Re: needs advise please... stop cps now!!!!

Postby monkette31 » Mon Jan 30, 2012 12:32 am

there should also be some sort of official way to complain about your court appointed lie-er, whoops lawyer....get the form and do complain! I did and got assigned new lawyer, also it can be used later, with proper documentation to help file an appeal for incompetent representation....

not sure what else to say, when was kids taken? date? where/state are you? county? child laws vary from state to state...what's the situation with the police being involved? any criminal charges? You're going to have to practically be your own lawyer....tell us more so we can help.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

paytonsparents2012
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Location: Washington state

Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Wed Feb 08, 2012 5:04 pm

She was taken on Dec. 30th and My atty told me that we would not win a contested shelter care heraing so just to agree... at that point I agreed since I had no evidence to prove their lies wrong, at this point we have completed 12 random ua's each (all clean) and our drug/alcohol evaluations are back and clean, along with the stack of proof I have prooving that the 'intake case worker' lied in the dependency petition!! so no I have demanded she set it for a hearing... she had the nerve to tel me today that if i do not prevail on this it just makes me closer to perminately loosing my parental rights!!!!! is this true? just because I'm fighting for my child the court will hold it aginst me? I would think the complete opposite... They have zero proof agianst us!!! ONLY hear say... and we have the truth, and most of all GOD on our side

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good dad
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Re: needs advise please... stop cps now!!!!

Postby good dad » Wed Feb 08, 2012 5:10 pm

she had the nerve to tel me today that if i do not prevail on this it just makes me closer to perminately loosing my parental rights!!!!! is this true?
Nope it isn't, believe little of what she tells you.. She can make claims but it is just more hearsay...
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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monkette31
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Re: needs advise please... stop cps now!!!!

Postby monkette31 » Wed Feb 08, 2012 10:25 pm

Gosh, you sound like you're in Los Angeles. No, that's NOT the way it goes, this lawyer is doing anything they can to NOT go to trial. Their job is to push everyone into a civil "conviction" by just going along and "cooperating". They told me that if I pushed for trial, the judge would most likely punish me by keeping my children in custody longer than necessary. They will not tell you out here that you have a right to cross examine the report writer. All that mattered though was getting parents to "cooperate" and waive their right to trial....when you waive your right to trial, where you can cross examine the social worker's reports, you are handing yourself a large CIVIL conviction while accepting, at least legally, everything in the social worker's report as FACT, as in forever...and they will use this later to then terminate your parental rights...and when you file your appeal on that, they will turn around and say you waived your right to trial, to present evidence, etc...and will claim that you've had DUE PROCESS rights all along...basically they LIE!
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

paytonsparents2012
Posts: 8
Joined: Mon Jan 23, 2012 5:12 pm
Location: Washington state

Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Thu Feb 09, 2012 1:11 am

Thank you!!! My atty is new and is just intimidated by the assistant aty general on my case! My aty kept telling me that she has hardly ever seen someone prevail in a contested shelter care hearing... my question to her was "honestly, have you ever gone to trial ?" her "well no, i haven't but I have set in on them and that is not why I'm trying to talk you out of it"...haha, YEA right! I'm very confident I will win this, just wish I had an atty that would be confident also. That AAG has no proof and is just trying to intimiddate us into not going to trial... NOT GOING TO HAPPEN!!!!!! The truth will prevail once I get to air my side (I PRAY)

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monkette31
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Re: needs advise please... stop cps now!!!!

Postby monkette31 » Thu Feb 09, 2012 4:15 pm

Most people don't prevail at the trials, I've heard this is true. The standard of evidence for children's court is based on a "preponderance of evidence" as opposed to the criminal version, "beyond a reasonable doubt", so basically if they lie and it's a possibility that any of the allegations could have happened, it will most likely result in the "conviction" you would have had should you have not gone to trial...the benefit here is being able to catch the report writer in their downright outright lies. Without a contest (trial), anything she says in her reports are facts....

Later, when they are terminating parental rights, they will say that you did not dispute any of the allegations...make it appear as if you were offered due process....
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

paytonsparents2012
Posts: 8
Joined: Mon Jan 23, 2012 5:12 pm
Location: Washington state

Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Sun Feb 19, 2012 12:51 pm

I need to file a motion to the court for my daughter to be returned as an 'in home dependency' I guess... any help or advise would be appreciated

paytonsparents2012
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Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Sun Feb 19, 2012 12:54 pm

oh.. and I asked my atty to remove herself from my case since she was not representing me or my child

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family_man
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Re: needs advise please... stop cps now!!!!

Postby family_man » Sun Feb 19, 2012 1:09 pm

I have no experience in requesting a trial at the shelter hearing, as it's called in your state. (It was call 'adjudication hearing' in mine.) But they did tell me that it would be held against me if I went to trial and lost, making it more likely for an eventual TPR. This is the reason I stipulated to neglect and jumped through the hoops, even though I felt I could have prevailed at the adjudication trial.

You should ask your attorney to file a motion to dismiss the case. The attorney should state the legal reasons why the judge should rule in your favor, citing staetments from your sworn affidavit, which states the facts from your point of view. Your attorney may try to dissuade you from taking this course, but he's working for you, so he has to comply. He just can't walk off your case without the judge's approval. You must be prepared to present witnesses and evidence which outweigh that which is presented by the state. Just stating your opinion won't cut it. There is also a hierarchy in witness credibility. Licensed professionals outweigh unlicensed ones. Degrees, years experience, publications also count. A person holding a doctorate outweighs someone with just a Master's degree, for example. Eyewitnesses outweigh people with only second-hand information.
Disclaimer: I am not an attorney, and this is not legal advice.

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Eljay
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Re: needs advise please... stop cps now!!!!

Postby Eljay » Sun Feb 19, 2012 4:37 pm

What is their primary justification for removal?
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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monkette31
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Re: needs advise please... stop cps now!!!!

Postby monkette31 » Sun Feb 19, 2012 11:16 pm

What state are you in? There's something called a writ of habeus corpus, where it is a document you file in order to "return the body". I've seen an example and may have one for you. I'm not sure if this would be the way to go since I'm not sure what state you're in, my example is from orange county, ca. It sounds like you may have waived your right to trial?...by the lawyer saying, just go along with it, at the last court date. Do you know the name of that hearing/proceeding?
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

paytonsparents2012
Posts: 8
Joined: Mon Jan 23, 2012 5:12 pm
Location: Washington state

Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Wed Feb 29, 2012 3:36 pm

to monkette31:
I live in Washington state and the last hearing that the atty talked me into striking was a 'contested shelter care' hearing. I am now set for a 'fact finding' hearing on March 12, 2012. They say this is where we will have a better chance because hearsay is admissible in shelter care but not in fact findings.

to eljay: they cited it as 'the child has no parent or guardian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development'.. because in the petition the case worker stated we had no income (not true), no health coverage for her (only a 29 day lapse in coverage, and she had never missed appointment or shots), and we have no bond with her (could not be further from the truth).

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Eljay
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Re: needs advise please... stop cps now!!!!

Postby Eljay » Wed Feb 29, 2012 7:10 pm

Sounds like you have a good case... especially if your child was neither abused nor neglected. This is one of the huge problems with CPS... they get a false report, say, that the parents are cooking meth in the home. CPS arrives, inspects the house, sees no meth lab, asks the parents a bunch of general questions and in the course of things, finds out that the parents are unemployed. They do NOT have authority to take the child based on the fact that the parents are unemployed and/or have no income! But they do it, and parents are afraid to fight them, or ignorant to their rights. You are neither. I think you'll do fine in your battle.

Did they assign a new lawyer?
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

paytonsparents2012
Posts: 8
Joined: Mon Jan 23, 2012 5:12 pm
Location: Washington state

Re: needs advise please... stop cps now!!!!

Postby paytonsparents2012 » Wed Feb 29, 2012 7:51 pm

oh they have come up with all kinds of lies after they were denied pick up the first time from their directer. They even turned around my husband saying that they were violating our tenth amendment rights and to stop harassing our family; in to the worker saying that he threatened to shoot him! This is insane!!!... that we both were on meth and in the meth INDUSTRY, even thought we both took ua's and have since they stole her(2 a week for 2 months) and they have all been clean, also we did chemical dependency evaluations which came back with no problems! but since the cps intake worker lied about so many things they say there is too much confusion to return her, that they don't know what the truth is since our side is so different form his! I just want my daughter back... I feel like I'm dying more with every day that passes. I a, a strong christian and even my faith is tattered because of these evil people. Thank you so very much for your advise and just having people to talk to that know how i feel! Unless you have been put in this place and had these lies placed upon you, you will never know this hurt.

valentine2010
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Re: needs advise please... stop cps now!!!!

Postby valentine2010 » Wed Feb 29, 2012 11:01 pm

Yes, it is evil, and from my experience, ulcers, and my children being abused by every professional involved, etc....

The best way to fight evil.... Take a deep breath and have faith, NEVER let them know you are dying inside, and terrified. Even if only during meetings, court hearings, be calm, collected, and walk with dignity. If you are confident in the evidence you have, then be strong. God will handle this, if that is your belief,

i have found sometimes, no reaction, and no sign of fear, in my response, makes them unsure of which direction to go. I have fought all the way to the state Capitol, and still am fighting, and if I acct like I am not afraid, then I am less likely to be bullied, or give up just before the hearing.. I will remain composed, until in the car and blocks away, before I unravel, but the last they saw me, I was a wall of unwavering determination.


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