Trying to save my grandson from cps

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loriyadach
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Joined: Sun Mar 18, 2012 9:15 am

Trying to save my grandson from cps

Postby loriyadach » Tue Mar 20, 2012 3:46 am

My 16 month old grandon has lived with me since he was born. CPS was called on my son for using drugs. When they came to my house they asked about my background. I unfortunately have a felony criminal background from drugs but have been clean since 2003 and have worked in drug and alcohol treatment since 2008. CPS is telling me they will take my grandson from my home if my son doesnt complty with drug treatment and clean tests. I provide a stable loving home for my grandson and they want to give him to someone that he doesnt even know. How can this be? I have paid for my mistakes. I live in California, is there anything I can do. Can I send him to live with my sister in another state until this goes away? There is no judge involved yet. Can I get custody of him while he is in another state then bring him back without them looking for him again?

[moderator edit: I am combining your post from another duplicate posting in a less-appropriate area.]

My 16 month old grandson has lived with me since birth. CPS was called on his parents who use to live with me but no longer do. When cps came to my house I told them the parents no longer lived there and im the one who takes care of my grandson. CPS asked about my background, unfortunately I have a criminal back ground and have been to prison for drugs but have been clean and sober since 2003 and have worked in drug & alcohol treatment since 2008. The CPS worker told me if the parents did not comply with going to drug treatment and clean tests they would remove my grandson from my home due to my past. As of now there is no court order. We live in California

First question: Can they take him from me?
Second question: Can I send my grandson to live in another state for a few months, file for custody, move myself to a different place in the same county and then bring him back so they will go away?

Desperate Grandma

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Daruma
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Re: Trying to save my grandson from cps

Postby Daruma » Tue Mar 20, 2012 7:51 am

I take it your son refuses to get clean? I don't know California law, but it might be possible for you to file for custody immediately and submit a motion (as part of the proceedings) to have the CPS case dismissed. I would highly recommend getting an attorney if you can afford one. There are legal clinics for low to moderate income clients. If don't mind saying what county you're in, I'll try to Google one that serves your area.
These are my personal opinions only. They are not legal, medical, or financial advice.

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Eljay
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Re: Trying to save my grandson from cps

Postby Eljay » Tue Mar 20, 2012 9:02 am

In many CPS offices, they have gone above and beyond what is necessary to protect children from the risk of abuse and neglect. They regularly remove children from perfectly safe and loving homes because of a RISK FACTOR, even though there is no evidence of abuse or neglect. Yes, people who abuse drugs & alcohol, statistically speaking, have a higher risk of abusing children. Same statistics applies to single mothers, certain races, education levels, and those in poverty. CPS has financial incentives for removing children and putting them in foster care, forcing people to take classes or "services" as they call them. Some case workers are reasonable and wouldn't see your situation as anything to concern themselves with. Others, especially LA County, Sacramento area, Orange County and a few others are batcrap crazy and are in the habit of taking children away for the slightest infraction.

The questions you have to ask is whether your son's actions fell within the scope of abuse or neglect. Was he doing drugs in front of his child? Was he doing drugs while solely in charge of the child? Was in under the influence in the presence of the child? If so, then YES, the child was a legal victim of neglect. There is not much else to do when you are guilty than "pay the price" so to speak. If *you* knew and/or allowed it to happen, then they will claim that you "failed to protect" and won't let you keep the baby. In that case, then he's probably be safer at your sister's than with you until this blows over.

At this point, CPS is probably going to ask for the parents to sign over voluntary legal custody to the state, then CPS will decide if physical custody should stay with you (or else he will go to foster care). If they don't do it voluntarily, then they will take it to court. If I were in your shoes, I would get the parents to sign over legal custody to YOU before the state moves to take custody. Then you can go on vacation for a while, or move the child OUT of the county until they've had their day in court. When your son & baby mama go to court, they will just tell the judge that the baby has moved out of the county until they get their act straight, that means the county has "no jurisdiction" which the lawyer will need to declare to get them to close the custody part of the case. Check with a lawyer, but move fast... this is what CPS does for a living, all day, every day, and they have free lawyers at their beck & call to do their dirty work for them.
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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loriyadach
Posts: 2
Joined: Sun Mar 18, 2012 9:15 am

Re: Trying to save my grandson from cps

Postby loriyadach » Wed Mar 21, 2012 2:56 am

I live in Los Angeles County. No I have no hope of my son staying clean. Is there any chance I can pass a livescan? Who makes the decision to remove a child? Since he already lives with me is there any chance a judge would let him stay. Both of us would be lost without each other. If the baby leaves the county do I file for custody here or in the county he goes to? I have so many questions and no one to answer them. I can not afford to hire an attorney I was hoping I could get through this without one but it doesnt look like that is going to be the situation.

Desperate Grandma

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

Re: Trying to save my grandson from cps

Postby Eljay » Wed Mar 21, 2012 6:46 am

The problem isn't "passing" a livescan, it's passing the ever-changing standards that DCFS will make up to justify taking the baby in to custody. There is NO law or policy book that says people who use drugs or USED TO use drugs cannot parent/guardian children. However, if you get a whack case worker, they will take the child to "protect" him or her. Federal & state laws give CPS the right to take custody of children who *ARE* abused, neglected, exploited or at imminent risk of such. They regularly overstep their bounds and take children based on risk factors alone, then lie to the courts to justify their actions.

I'm in LA county as well. Our emergency intake case worker was a lying sack o'chit. Our dependency case worker was an angel sent from heaven, committed to telling the absolute truth. They employ all kinds there. You should probably play this by ear. Look up DCFS guidelines... EVERYTHING is on their website. http://lacdcfs.org/ Look up the state definition of abuse & neglect and write out how it doesn't apply to YOU. Ask questions and write down EVERYTHING they say and what you say to them. Summarize or transcribe the conversations you've already had. Have they all been to court yet? If so, your grandson has an attorney/guardian ad litem. You need to talk to that person, tell them everything DCFS knows about you, and ask his/her opinion about whether DCFS thinks the baby would be safe with you (he/she will see 10-20 cases a week like yours and will know how DCFS moves). If you start to catch wind from DCFS or others that they are planning on taking your grandson, please know that they will likely succeed... they will either lie to the judge or just do what they want. If you want him to stay out of foster care, moving him out of the county would be one way to keep him safe (but know that they will likely call in a referral to the new county).

Also start gathering information from the fightcps.com home page, http://familyrights.us/, as well as poking around on this website about the law, your rights... time to get an law degree from Internet University! :)

Possible free legal help here: http://www.nls-la.org/
If not, there is a group of legal assistants (paralegals) who can assist you in completing & submitting forms for much less than an attorney. You need to do the homework as to what forms you need and what the content is, and they can help you pull it together and get it submitted. http://www.calda.org/
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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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Trying to save my grandson from cps

Postby Eljay » Wed Mar 21, 2012 6:49 am

I failed to say... if your son/mama/baby have NOT been to court, nor signed over voluntary custody, then FILE CUSTODY PAPERS YESTERDAY!!!!!!!!! Get legal custody, then DCFS has to justify taking the baby from YOU. There's more to this, but I don't want to type it all out if you're not in position to be able to do it.
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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