heart broken dad , whos watched many abusesfrom Mother & now

[hearthurts]

[quote][/quote]Just want to emphasize that *I* am not a lawyer, I googled the heck out of that 364 FM and did see cases where the dates were filled in on termination of parental rights, but for some reason were on a second review. It's usually listed on the cover page of all the reports........



All I know is the CPS attorney i tried to hire , is telling me he spoke to the court Appointed Attorney and she believes in me and will get it straightened ou , my visitions set right ect ?

I'm not sure of this , I took off this morning for a 20 minute drive , after 3 attempts to have a meeting with the new court appoimnted attorney after calling 20 times . So I never got a card from her and I wouldget a call out of the blue except the dates she told me to meet her . Not realizing I never got a card from her , can't get her on the phone , I googled her name to get her address , I drove around for 45+ monutes this morning at 7:30 am still pulled up so late after another attorneys office I know gave me her real address. 3 months of trying to get together with this Lady and I get off the internet the only address for her , even in the yellow pages , was 10 years old . lol.. so now I'm in her office the morning 8am before the 10 th court date . Prepare paperwork for me ,lol I bet not . I'm going to have to get busy , try to get this stuff voiced and extended .

[hearthurts]

This is the CA Welfare and Institutions Code, section 364
http://law.onecle.com/california/welfare/364.html

It basically says that at an interval of no more than six months, there shall be a hearing (I'm guessing FM = family maintenance). The social worker is to provide a report to the courts at least 10 days in advance (which should give you some time to GET the report, either from the SW or the court and use it to prepare an Objections/Corrections). The idea that it needs to be there 10 days in advance is to give YOU, the parent, time to review and rebutt. Furthermore, the code, section (c) says:

(c) After hearing any evidence presented by the social worker, the
parent, the guardian, or the child, the court shall determine
whether continued supervision is necessary. The court shall terminate
its jurisdiction unless the social worker or his or her department
establishes by a preponderance of evidence that the conditions still
exist which would justify initial assumption of jurisdiction under
Section 300, or that those conditions are likely to exist if
supervision is withdrawn. Failure of the parent or guardian to
participate regularly in any court ordered treatment program shall
constitute prima facie evidence that the conditions which justified
initial assumption of jurisdiction still exist and that continued
supervision is necessary.

So, at this point, you can ABSOLUTELY present your EVIDENCE!!!!!!!!!!!!!!! That would be your Objections/Corrections and or Declaration of Facts. Now that we know where you are in the process, if *I* were your lawyers, I would be submitting one or both of those documents with a motion to DISMISS the case. It doesn't sound like your lawyer is doing that, but a judge is going to be far more inclined to consider the position of a parent when she/he actually SPEAKS UP in court!!! Ask your lawyer what she's going to present WELL BEFORE -- DAYS BEFORE -- your court date. Keep in mind that CPS MUST fight their battle on paper. They spend their days preparing these reports (they should be hiring aspiring authors with all the fiction they produce!) so you MUST fight the battle on paper as well. I'm glad you posted this... now we know where you are in the process and it doesn't sound like you're on the cusp of TPR.

BTW, here is the law that says they must get the report to ALL PARTIES (which would be your lawyer) 10 days in advance:
http://law.onecle.com/california/welfare/364.05.html

Sadly, the only remedy for NOT getting the report out 10 days in advance is an extension, but your lawyer will NOT want that since it means a return to court. Just know that it is your LEGAL RIGHT to have that report 10 days prior to the hearing so that you can read/prepare/rebutt and if it's not provided, then you should insist on an extension. Politely, but firmly.

I have recieved no cort papers its the 3rd of aug ,. 10th is the court date . I have to see the court appt. attorney , 24 hrs before the court date 8-9-12' because she never gave me a card . searched online for her address last night ,m you can't get ahold of her . finaly after 1hr + looking for her office , it is a historic museum houss . Got her real address from an attorneys office 830 am , meeting this morning was 8am . When I found her , she said her address was 10 yrs old , that I got off the net . she wasn't in the phone book , or the lawyers guide I know .

So I'm now needing to get another extention do to the fact I haven't gotten any reports w/ in a 10 day period to
have time to be prepared in anyway . Or the attorney ? Thats the Law , correct . Then have this new appt, attorney ( to try to get her ) to file the DoF and the Object.and correct. of SW , correct . and even if she does this , or says she will , get copies (or get a preparer to do the forms ) and file them myself with the clerks office ? Is this all correct Eljay .??

[Eljay]

So I'm now needing to get another extention do to the fact I haven't gotten any reports w/ in a 10 day period to
have time to be prepared in anyway . Or the attorney ? Thats the Law , correct . Then have this new appt, attorney ( to try to get her ) to file the DoF and the Object.and correct. of SW , correct . and even if she does this , or says she will , get copies (or get a preparer to do the forms ) and file them myself with the clerks office ? Is this all correct Eljay .??

You need to talk to your attorney. When they say "all parties" will be given a copy of the report, you lawyer could/should be the one getting the copy. So, if it's in her mailbox, then you need to find out. Call and say you want that report ASAP so that you can prepare your response, and if your lawyer did NOT get it, then tell your lawyer that you expect her to ask for an extension on the 10th based on CPS not delivering the court pursuant to the law. Be forewarned, if CPS *NEVER* gets these reports out ahead of time, they may just chuckle and deny the request. I'd rather see you prepared with AT LEAST a Declaration of Facts and Obj/Corrections to the OLDER reports of the social worker. You can address the new/latest report at the next court date.

Just keep stressing to your lawyer that you want to get your story on record to the judge and you know that this is the only way to do it in a way that preserves your right to appeal in the future. Especially make sure you document your shoddy legal representation for the first 18 months, or however long it was.

[hearthurts]

So I'm now needing to get another extention do to the fact I haven't gotten any reports w/ in a 10 day period to
have time to be prepared in anyway . Or the attorney ? Thats the Law , correct . Then have this new appt, attorney ( to try to get her ) to file the DoF and the Object.and correct. of SW , correct . and even if she does this , or says she will , get copies (or get a preparer to do the forms ) and file them myself with the clerks office ? Is this all correct Eljay .??

You need to talk to your attorney. When they say "all parties" will be given a copy of the report, you lawyer could/should be the one getting the copy. So, if it's in her mailbox, then you need to find out. Call and say you want that report ASAP so that you can prepare your response, and if your lawyer did NOT get it, then tell your lawyer that you expect her to ask for an extension on the 10th based on CPS not delivering the court pursuant to the law. Be forewarned, if CPS *NEVER* gets these reports out ahead of time, they may just chuckle and deny the request. I'd rather see you prepared with AT LEAST a Declaration of Facts and Obj/Corrections to the OLDER reports of the social worker. You can address the new/latest report at the next court date.







Just keep stressing to your lawyer that you want to get your story on record to the judge and you know that this is the only way to do it in a way that preserves your right to appeal in the future. Especially make sure you document your shoddy legal representation for the first 18 months, or however long it was.

Ok, I will doi this for sure thank you !!! I was told by the Attoney that deals with CPS , that I wa going to pay , as I told you he was goingt to go talk to the Cout Appoint. attorney ect. He did , he assures me that she is a veteran in CPS believes 100 % in me , and that what they have pulled on me . He also said your in the mist of a bunch of self righteous people , and I need to let her get my visits straightened out ,He told me to get out of among them , get it into Family court , he'd go to bat for me !
He didn't mention the custody situation . Thats why I didn't want to step out of the CPS circle and get took even further . So I will do these things , because I believe with al the trickery they've pulled there licking there lips ready to take my custody rights and throw me a little visitaions ! I'm not going to lay down for this injustice , not at all . So I will get this stuff going . See what I camn get done , keep on the Attornery ( court appointed) to let the right things happen , as you have layed out for me to do , stive on . .thanks Eljay .. have a great weekend ! Kevin

[hearthurts]

You need to talk to your attorney. When they say "all parties" will be given a copy of the report, you lawyer could/should be the one getting the copy. So, if it's in her mailbox, then you need to find out. Call and say you want that report ASAP so that you can prepare your response, and if your lawyer did NOT get it, then tell your lawyer that you expect her to ask for an extension on the 10th based on CPS not delivering the court pursuant to the law. Be forewarned, if CPS *NEVER* gets these reports out ahead of time, they may just chuckle and deny the request. I'd rather see you prepared with AT LEAST a Declaration of Facts and Obj/Corrections to the OLDER reports of the social worker. You can address the new/latest report at the next court date.

REPLY ::::::::::::: ELJAY ................

SO, Eljay finally met with the court appointed . I told everything I wantedto do , she asked some really good questions , of the sw reports let me give the answers , ( the truth ) said I was going on the stand tomorrow morning ,

Get this the Anger Managment guy who owns it was my teacher per say , learned hardly anything , I have a letter from him to the courts that I was perticipating great , I have a certificate of completion , I have perfect attendance , He even told me my phycological testing w/ him ( I couldn't have ben the agresser ) So he's going to be there to go on the stand against me ! LOL ,, He's sayng that I told him that because of my medicaton for pain that I take once a day , ( I told him the meds stopped me from leaning in his clss & I still have my angermanagment problems ) .... RThat I've never had in the 1st place .. crazy damn stuff , he's going to testify that I told him these things , hanging myself ???? I never told him anything ,, its crazy talk ...

I told her I would rather put my story on paper work to the judge , she told me . they don't really do it that way . I showed her my highlighted paper I printed out , the things I wanted to do . She told me to write down today what I can & she will get it to the judge . She keeps saying what they ( cps /courts ) want , they want to end this tomorrow , they say they ( cps ) courts want 100% custody mother 100% pysical/ Legal .. so she just hit on some very good lies , that I gave corrections to , plus the cd-rom of the mother drunk , at the end , of her angermanagment course / parenting course in the program period , bragging on the drunkeness . while throwing up at these guys house , crazy stuff .

I gave her all papers from Dr. mental reports , in my favor . , my Nuroligist , saying he seen me & the kids in public , I was a great dad w/ the boys , in many times seeing me . My primary Dr. saying that I can drive , I'm stable on the meds . Before this case I had the same Dr. had to give my ex , papers saying I could ewatch my kids in 08' so that I could keep them home , instead of having them in day care , while the Mother worked ,. Mother didn't like that ,, thats when the potty training abuse against my oldest started ! I potty trained him 7 didn't get a picture of his 1st pee for her family 5 sis , mother ?? who knows anyway he drug him to the toilet on her day off m I walked in from setting up a lil pool for the kids to find his lil head being slammed off the door casings in the house 2 ft lifted off the ground 2 1/2 yrs old , on her way to the bahroom ,, locked the door as I tryed to plee w/ her , in the end he came out , no poop , she was so pissed , she welted his back from his butt up his back ,, I should have called the police , she knows I'm not a cop caller ,, but thats just when it really started infront of me , she just moved in to try it again ,, didn't last long ,,, she moved to Santa Clara Co. Moms house & said I hit her where you can't see it ... crazy ,, I beat that , w/ just documents to Santa Clara ,, anyway , sorry to go into that !!!!!!!!!

Then she (COURT APPOINTED ) attorney
told me that the Oject. & Correct. SW & the DoF , is not the way they usually handle it , I kept stressing it . She won;t give .

She wants to put me on the stand & ask the questions she picked out of some of the reports ..

She said if I can get it line for , line off the reports by tomorrow morning , she will submit it to the judge , but not a book .. plus she says she won;t be able to put it in format for the courts .

NOW is she going to fake this .. & I'd have to have it in court format by 8am tomorrow to get it into the court (CLERKS ) office ... Or I'm loosing my custody rights ?..If they close it tomorrow ... How could I get it filed with the courts ??

She / Attorney told me that there taking everything down in court , stinographer , that I can APPEAL.. its all on record ???? I can't APPEAL to the higher courts though,,,, right ???

On the DoF .. She will get that to the Judge if I can provide it by tomorrow ..& some kind of an unprepared Obj. & Correct. S.W. statements for me , but it won;t be in court format ... how far will this get me ??? For a higher up appeal ?....Is she writting me of .. like the other court appointed attorney ????

I showed her the paper I printed out about not getting the report in 10 days prior ,, she did n't say anything , she ran out to go to court , 9pm .. .So ..

So , do I get a DoF ? Printed out stating I had the shotty Legal representation ?..Then going into my parenting skills / the boys ned there father ect .. as we talked about ?
Will that be enough to be able to APPEAL to a HiGHer COURT ? Alone ? She said Oh , ( you don;t have to do all that to
APPEAL, the decission . To that (court / cps court correct) Shes talking about only being tied down to APPEALING to the cps court I'm in correct , not taking it to an investigation / state level court ,,, there railroading me correct ..

What can I tel thje Judge , while I'm on the stand , after all is said & done .... to get my rights to be able to APPEAL to the state / higher courts ??????/ wow , I'm really confused ..

.. & tomorrow they close my case & I'm stuck just APPEALING to the same freaks that are buring me ?

Will the DoF in non format , put to the Judge be enough to be able to APPEAL to the STATE COURTS ? Or should I throw together a 1/2 ass'd Objections &Corrections SW . ?

I thought she was going to help me ,. I think shes just covering up things ,, shes going to hopefully get out to the judge the rediculous crap CPS , came up with , but shes missing alot of stuff , she picked about 15 things at most , out of 50-75 + .. You know , I'm very mixed up ,,,

She took up my time , I told her ( that she had told me on the phone ) we had two ways to go about this ,,, A written , get your story on paper / Or the on the stand .

(She ( appointed attorney ) tells me it wasn't her, she didn't state that , must have been another ?)))

I told her , I don;t mean to argue with you , but you did tell me this and I'd like to keep it in documents to the Judge /courts.

she said shes going to put me on the stand , theres no time to prepare the Docs .. I asked her to ask for a extension , once again . She said they ( cps / courts ) want to close it out tomorrow ... but that doesn't mean I can't APPEAL it ...

Am I being toyed with again ??? Lied to ?...

So I'm going to prepare a DoF, as best I can , 1st on the shotty legal rep, I had for the 1st 24 months out of the 28 months ..lol..to much ,.,, Then I will go into my parenting & they need there Father ect . Not throwing the mother under the bus , or mentioning her .

Eljay , what do I do ... I'm being shoved off again !!!!!!!!!!!!!!!!

I showed her the papers I printed as I said before ,,, she said I don;t know who your getting this from , she almost had a guilt look to her ...on the DOC , filing ,, like shes burning me ! For them again, another one !! Anyway , she was shacking her head no , as she read the high lighted parts , nothing against her ,,..just about the APPEALING to the higher courts .. & the DoF & the Obj. & Correct. S.W. .. I had no time to ask her about , a dismissal .. yeah right ???/

So I'm screw'd ,...lol...again .. I'll begin on my DoF , w/ a different spin , into the mis rep of the last court appointed attorney ... then I'll check back .. see if you can help me , make anything work for myself ....

Either way it goes ,, I thank you very much for your trying Eljay !! These people ( ya gotta love em ) huh ..

I've got to laugh, or I'll cry ..lol......thanks Kevin

[Eljay]

Ever since you started this, TWO MONTHS AGO, I've been advising that you get your story down in writing, telling you that you get help doing it because your writing skills are not court-suitable, and you are one day away from court and haven't done it. No, you can't expect your brand new court-appointed attorney to drop everything today to complete these forms for you. You should have had them done a long time ago, finished up, edited and gone over by a professional. You didn't do it. Now your CAA is being completely realistic and saying, "there's no time for me to prepare these documents so we will have to use verbal questioning of you on the stand." Yes, what SHE asks you and your answers will be on the record, but THAT IS IT.

That's the consequence of you not doing this for the past two months. Sigh.

[hearthurts]

Ever since you started this, TWO MONTHS AGO, I've been advising that you get your story down in writing, telling you that you get help doing it because your writing skills are not court-suitable, and you are one day away from court and haven't done it. No, you can't expect your brand new court-appointed attorney to drop everything today to complete these forms for you. You should have had them done a long time ago, finished up, edited and gone over by a professional. You didn't do it. Now your CAA is being completely realistic and saying, "there's no time for me to prepare these documents so we will have to use verbal questioning of you on the stand." Yes, what SHE asks you and your answers will be on the record, but THAT IS IT.

That's the consequence of you not doing this for the past two months. Sigh.

You know Eljay , if you remember right for 9 days I was preparing & picking this stuff apart , plus being ran from (payed attorney ) to pay'd attorney . Infact the last attorney I seen that said he was talking to the cps circle and would help me take care of the preparation of those Documents .

This after many weeks of , I didn't get a chance to talk to these people call me Friday type stuf .. well now the pay'd attorney is saying as you know that , theres a bunch of self rightous people in that circle that , just use the court appointed to get you thru at this point She will get the rights / custody you need .

so the situation being is , the same lady I was going to have the papers prepared at , is the same that the attorney that was going to take my cps case over $$4 . was going to have prepare these papers , in court context .

He kept telling me he didn't want me stressing on it , he would take care of it all .. now after waiting for this to happen ,, I got from him awh , what week & 1/2 ago that he wants me to let the court appointed lady take care of the cps part .

Which I imagined she wouuld have heped me , instead of paying $85 an hr to get them formatted for court ,,, that she would do this with me . Well one thing led to another .

I'll tell you Eljay , I just got the cvourt Docs from CPS today as I just got home from the Appointed attorneys ,, so it was in the mail ,, She did not have the papers/ reports .

I kept asking her to ask for an extention , so she could help me prepare the papers in format ?

So I guess I'm in the wrong here .

At this point since there was no reports avalaible for me or her , until today .

While I'm on the stand tomorrow after they hear what they want , out of what they ask . Should I speak up and ask the Judge if I can ask something of her ? Then tell her about the court Docs , not being available for me to prepare my rebuttle , in a timely manner ? Would this fly ?

The court appointed attorney is telling me to have the stuff written up for her tomorrow and she'll get it to the Judge ? That wouldn't be enough, for the APPEAL, to a higher court in the future ?

I can tell you last month was an up in the air thing w/ this paid atorney , that was going to take care of everything ,,, don;t worry about it ,, we'll get it done . Thats to much ,, I needed help .. It took me 3 months to get this lady to call me back ,, its a horrible thing . It might be planned ..


So just don;t do nothing now ?

[hearthurts]

The DoF is done .. & some of the Objections and corrections ,, but thats the hard one ,, plus getting it in format ,.,. I thought util not to long ago , like 10 days ago that the paid atorney was going to take care of the Docs as he said he was . Wow ,. makes me wonder if maybe I shouldn't use him as my famiy court attorney . huh ..


Anyway .. I don;t know all I thought about was spending 3-400,.00 to get these going and the court apointed lady would have helped for nothing . I just didn't know it was going this way . among other stuff . I can assure you I haven't been at play . I almost lost my house ..lol..

[monkette31]

So, you're document is ready? Why don't you email it to one of us so we can check it for spelling?

My opinion is that your lawyer is and will do everything to NOT get your SofF, DoF, Objections on the record for you.

First attack I would try is showing up early and going to clerk's window and getting the darn thing filed yourself. I could probably help you format a legal cover, what state you in? to appear like a legal document, with the boxes, names, all that....

bring 4-5 copies but only walk away with ONE stamped copy. If you can do that, wow!, that would be best because then for sure your words go on the record. I was thinking if I was that lawyer, she handled you perfectly, saying for you to bring the documents to her, I've had them take documents into court without me, distribute them but they do not get officially entered in court. I think that may be her intentions, especially if the docs do not get filed tomorrow and she comes up with a lame excuse/lie., oh, we don't do it that way? that was wrong right there.

Another wrong is ignoring you completely when you brought up the 10 day legal requirement. I'd bring it up again, tomorrow, on the record, it sounds like something they consciously do, totally against the law.

She'll probably take your documents tomorrow and tell them they are not allowed or something. Her job is to get you NOT to present a defense, NOT to get your story on the record....

Whatever you say tomorrow, say as much as you can, at least what you say might have a chance of being on the record. Tomorrow is the day, this is it!

[monkette31]

So, you're document is ready? Why don't you email it to one of us so we can check it for spelling?

My opinion is that your lawyer is and will do everything to NOT get your SofF, DoF, Objections on the record for you.

First attack I would try is showing up early and going to clerk's window and getting the darn thing filed yourself. I could probably help you format a legal cover, what state you in? to appear like a legal document, with the boxes, names, all that....

bring 4-5 copies but only walk away with ONE stamped copy. If you can do that, wow!, that would be best because then for sure your words go on the record. I was thinking if I was that lawyer, she handled you perfectly, saying for you to bring the documents to her, I've had them take documents into court without me, distribute them but they do not get officially entered in court. I think that may be her intentions, especially if the docs do not get filed tomorrow and she comes up with a lame excuse/lie., oh, we don't do it that way? that was wrong right there.

Another wrong is ignoring you completely when you brought up the 10 day legal requirement. I'd bring it up again, tomorrow, on the record, it sounds like something they consciously do, totally against the law.

She'll probably take your documents tomorrow and tell them they are not allowed or something. Her job is to get you NOT to present a defense, NOT to get your story on the record....

Whatever you say tomorrow, say as much as you can, at least what you say might have a chance of being on the record. Tomorrow is the day, this is it!

[hearthurts]

Eljay I've got admit you are right about this ... even though as I had started taking direction from you , I was starting to have paid attorney meetings , that lingered enough .. I'll tell you half of it was , the Object. and Correct. SW , was so stressful and hard for me to pick that apart ,

I got into thinking I had help coming on that part and I got lazy ,, Thats it !

So everything you mentioned to use to get an extention the other day , so I could get her to do the Docs for me , which she should after everything w/ the other attorney , I have been thru.

I just thought she would help me ,,,

so everything you said that I could get an extention on has happened . I haven't pointed that out to her this morning , there was so much going on .

So I can never reach her on the phone , I need to tell her that there was no reports correct for the 10th aug. court . I should be intitled to an extension by Law correct ?..To get the Object & corrections finished ,, its 1/2 done .. I just thought it was going to be one swoop to use her to get it al finished up ..

Now she doesn't want to ask for an extention , because shes to busy to prepare my Docs ect ,, for her new client ?..I'm confused . It seems like that would be a given , its nearly impossible to get any kind of contact with this lady . Just as I thought there was a glimmer of sunshine/ hope to get the right things to come out .

Shes telling me this morning m that the cps / courts are saying that I have refued to ween myself off of my pain medication ? What the hell is that , they want me to be in constant pain , then they'll use that on me !

I got hit in the head at work , I'd love to be able to work ! I've got a brian stem injury , legs stab pain w/ out the meds . so there using that I haven't weened myself off my pain killers & I refuse to , as a reason to take my sons away from me .

QOUTE))))))))))))))..... What about all this Law right here ???? I thought this was going to give me the extension I needed to get that new court appoint,., attorney to have the time to file my Docs for me ??????/

Under this Law do they have to ( give me the extension) ?... Its so confusinf to me ,, I'm worn out ,.,, but I would get this stuff done no problem .. to preserve my rights to APPeal ... If I had the rights to appeal ... what corts would I be appealing too again?...

Eljay wrote:

This is the CA Welfare and Institutions Code, section 364
http://law.onecle.com/california/welfare/364.html

It basically says that at an interval of no more than six months, there shall be a hearing (I'm guessing FM = family maintenance). The social worker is to provide a report to the courts at least 10 days in advance (which should give you some time to GET the report, either from the SW or the court and use it to prepare an Objections/Corrections). The idea that it needs to be there 10 days in advance is to give YOU, the parent, time to review and rebutt. Furthermore, the code, section (c) says:

(c) After hearing any evidence presented by the social worker, the
parent, the guardian, or the child, the court shall determine
whether continued supervision is necessary. The court shall terminate
its jurisdiction unless the social worker or his or her department
establishes by a preponderance of evidence that the conditions still
exist which would justify initial assumption of jurisdiction under
Section 300, or that those conditions are likely to exist if
supervision is withdrawn. Failure of the parent or guardian to
participate regularly in any court ordered treatment program shall
constitute prima facie evidence that the conditions which justified
initial assumption of jurisdiction still exist and that continued
supervision is necessary.

So, at this point, you can ABSOLUTELY present your EVIDENCE!!!!!!!!!!!!!!! That would be your Objections/Corrections and or Declaration of Facts. Now that we know where you are in the process, if *I* were your lawyers, I would be submitting one or both of those documents with a motion to DISMISS the case. It doesn't sound like your lawyer is doing that, but a judge is going to be far more inclined to consider the position of a parent when she/he actually SPEAKS UP in court!!! Ask your lawyer what she's going to present WELL BEFORE -- DAYS BEFORE -- your court date. Keep in mind that CPS MUST fight their battle on paper. They spend their days preparing these reports (they should be hiring aspiring authors with all the fiction they produce!) so you MUST fight the battle on paper as well. I'm glad you posted this... now we know where you are in the process and it doesn't sound like you're on the cusp of TPR.

BTW, here is the law that says they must get the report to ALL PARTIES (which would be your lawyer) 10 days in advance:
http://law.onecle.com/california/welfare/364.05.html

Sadly, the only remedy for NOT getting the report out 10 days in advance is an extension, but your lawyer will NOT want that since it means a return to court. Just know that it is your LEGAL RIGHT to have that report 10 days prior to the hearing so that you can read/prepare/rebutt and if it's not provided, then you should insist on an extension. Politely, but firmly.

[hearthurts]

So these laws are not going to help me , get the extension to preserve my rights to APPeal ... If I had the rights to appeal ... what corts would I be appealing too again ?

I've just never done anything like this before ,, its very confusing ,,, I wish I had someone to help me ,,.

They really have all , just slambed me .


ZYou have been so helpful ,, but sometimes I just don;t know how to use all the info you provide to me .


None of these pieces of work want to do the right hing , so its like a brick wall . for me . Just when I think I'm going to get relief / help . It gets thicker .

First thing she says is the meds thing & that they ( cps ) is saying I don;t set boundries for my children in the visits and cannot parebt them .. Its BS .

I am an adult , my sons do what I ask , they donnot run over me . I can't even believe they can get away with such crap , I just hope this lady does whats , the paid
(attorney ) said she was going to do ... It all just stumped me ,, I guess she might be pkaying the same games .. just a lot sutler . She had plenty of time to have me in in 2 1/2 months to , get this stuff on paper , she called me 2 months ao & told me I had two ways I could do it , on the stand , or on Paper to the
Judge .. I say Paper/ Docs to Judge . she acts like I'm from MARS... its a no win situation ....

[Eljay]

Print out the law that says it has to be filed 10 days prior to court AND take the envelope with the postmark on it that the report came in and when the judge asks if you have any questions, then ask. The question is, is there anything NEW in that report which you will rebut? Or is it covered in your Obj/Corrections already?

Just so you know, you need to find out when CPS submitted it to the COURT... it's 10 days in advance to the COURT, but it doesn't say 10 days to you/your representation (the theory being you could go to court 10 days prior and request a copy if they failed to send it to you). So... make sure you raise the question in court. Tell the judge that you've had almost zero legal representation up until recently, and then this lawyer brushed aside your request for an entitled extension, but you want to respectfully ask the court - in the interest of your children - for time to review and rebut the report.

[hearthurts]

monkette31

I would be more than happy to let you help me with this .. Eljay said she didn't wamnt y , or didn't have the time .. I understand ..

The spelling I could look up & correct , its the puncuation , the courts Format .... can you forma it for me monkette31....if I mail it to you ?..I will be able to file it in the court (clerk ) tomorrow if so ,, I could have the objections & corrections done too ,.,, but I do have a DoF that I could send now & get the Object, 7 corrections done ,, if yo know how to format it to be filed ?...


I also could paypal you Eljay some $$ .. I didn't think to ask for that tpw help .. I do;t know if its proper to ?

but
monkette31 ... if you could do it for me , that would be great ...let me know ... I'll send it over ,, I have everthing , I just don;t know how to format it ,, its to confusing for me , I tried to look at court Docs & do it , but I'm hopeless ,& I'm not one to give up !!!!

[hearthurts]

Print out the law that says it has to be filed 10 days prior to court AND take the envelope with the postmark on it that the report came in and when the judge asks if you have any questions, then ask. The question is, is there anything NEW in that report which you will rebut? Or is it covered in your Obj/Corrections already?

Just so you know, you need to find out when CPS submitted it to the COURT... it's 10 days in advance to the COURT, but it doesn't say 10 days to you/your representation (the theory being you could go to court 10 days prior and request a copy if they failed to send it to you). So... make sure you raise the question in court. Tell the judge that you've had almost zero legal representation up until recently, and then this lawyer brushed aside your request for an entitled extension, but you want to respectfully ask the court - in the interest of your children - for time to review and rebut the report.

Yes Eljay ,, I just got the mail 45 min , ago ... the report was in it , today it has like 2-3 things that they have added . I told my boys dads going to buy a boat and I'll take you guys in it one day .

CPS report has it down , that I told my sons that I had a boat and they were coming with me , like I was going to steal them ?????


plus theres a few other things ,,

[hearthurts]

Ok, I get what your saying Eljay ,,, I can do this !

[Eljay]

Now she doesn't want to ask for an extention , because shes to busy to prepare my Docs ect ,, for her new client ?..I'm confused . It seems like that would be a given , its nearly impossible to get any kind of contact with this lady . Just as I thought there was a glimmer of sunshine/ hope to get the right things to come out .

Of course she doesn't want an extension... you're just another client she's had foisted onto her plate and she want to shove you off and flush. You're entitled to "LEGAL REPRESENTATION" not just a warm body to sit next to you in the court and tell you to sit down an shut up. Don't expect her to take the lead... YOU have to do the work and/or oversee her doing the work!!!

Shes telling me this morning m that the cps / courts are saying that I have refued to ween myself off of my pain medication ? What the hell is that , they want me to be in constant pain , then they'll use that on me !

Nothing in the CA Welfare and Institutions Code says you can't be a parent when on doctor prescribed medication.

Under this Law do they have to ( give me the extension) ?... Its so confusinf to me ,, I'm worn out ,.,, but I would get this stuff done no problem .. to preserve my rights to APPeal ... If I had the rights to appeal ... what corts would I be appealing too again?...

If you think an extension will help you, then tell your attorney that if she doesn't ask for one, that you will ask the judge directly AND tell the judge that the atty REFUSED to request one even though she knows you are entitled to one. Then do it when the judge asks if you have any questions.

[Eljay]

Quit telling us what you're going to do AND GET TO WORK DOING IT!!!!!!!!

[hearthurts]

Do you advise me to call, the cps & ask the office when they sent the report ? Not a good idea right ?

You know they knew I had a 8am attorney meeting ,, so w/ out telling me , they sent a note today , saying that I had a scheduled appointment today ..lol.. I just had 2- back to back ..Thurdays .. I have no idea , this would have been my 3 in a row / week wise .

My visits are supposed to be 1 every other week ... There giving me the old heave hoo , from every angle ..


Ok, I'm going to search out where you posted the Law , of the 10 Day rule to the courts ,,, copy / print & .. go w/ what you just told me to ....


This new attorney , I swear , looks at me like shes almost never heard such things ,,, there still playing me !

I'll get it done ,,,thanks ..let you know ,,,

[Eljay]

This new attorney , I swear , looks at me like shes almost never heard such things ,,, there still playing me !

The majority of people who get run through court for abuse/neglect are guilty, so they just shut up and do what they are told. The attorneys tell the to shut up and do what they are told. Most do NOT know how to fight for their right. Your bottom of the law-school barrel court-appointed attorney - who could be making $600,000 a year at a good law firm - is making $80,000 working in CPS court because SHE KNOWS NOTHING!!!!!!!!!! She likely has NO IDEA how parents should defend themselves because she's not in the business of helping them defending themselves. Don't expect her to know what she's doing.

[hearthurts]

This new attorney , I swear , looks at me like shes almost never heard such things ,,, there still playing me !

The majority of people who get run through court for abuse/neglect are guilty, so they just shut up and do what they are told. The attorneys tell the to shut up and do what they are told. Most do NOT know how to fight for their right. Your bottom of the law-school barrel court-appointed attorney - who could be making $600,000 a year at a good law firm - is making $80,000 working in CPS court because SHE KNOWS NOTHING!!!!!!!!!! She likely has NO IDEA how parents should defend themselves because she's not in the business of helping them defending themselves. Don't expect her to know what she's doing.

Oh, I can only imagine ... I'm printing out the law part of this , to present .

On the format of my Docs monkette31 .... can you do the Calif .. ? DoF format ?..Or both ?..


Eljay , I feel like I ought to try & file at the clerks office & if that doesn't take .

Still push for the extension , tomorrow .. An extension would help me correct , Eljay I then could get the docs done correctly .. right ? I will pay the paper preparer ,, & forget about this new lady to help me & file at the clerks on my own w/ copys as monkette31.... says !!! Am I right on this ??/ Ithink its the best ..

[hearthurts]

The report I just got ,., was stamped in the court on the 6th of Aug, .... is that going to work ?...


its stamped on the report on the 6th ,,, my post date is the 8th Aug ...

[Eljay]

Stamped on the 6th, but hearing is the 10th... clearly, not 10 days.

[hearthurts]

Stamped on the 6th, but hearing is the 10th... clearly, not 10 days.

Absolutly , so do I piss off the new attorney ,, or do I go on the stand & after getting some of it out . when the Judge ask if I have a question ? I could hit her ( Judge ) with the Law on the court docs and that I need an extension ? Would that be a good idea , or piss off the Judhe ., I'm affraid of telling the atty , bluntly about the 10 day Doc , ( Law ) then not getting on the stand . nor getting to get in written stuff .

[hearthurts]

On this Eljay :::::

Would I be better off going on the stand , the new Atty has a pretty well scripted questionare for me to clear up quite a bit of impotant stuff,, Shes got copies from my Dr's saying good things , shes got the Mental Evail . I had done ( private ) .

Now if like stated below , if I voice to the Judge ( about having an inadequete court appionted attorny for the 1st 22+ months ) would it do any good with documenting to ( the Judge that there was a problem that needed to be fixed ) ? I could even go into the fact that the cps reports are not true / correct . If she gets impatient with this , I coould break out with the (Law ) on the dicuments not being there for a 10 day period so I could figure out my case situation ?..

Please I put your quote below this that I just ran across , It sounds like something to use ..,, but I'm no Lawyer . So

Please tell me what you think about using this angle , (to be on the stand speak my piece , not pissing off the new atty ) but still getting it out to the Judge that for the x amount of months I had shotty legal council ? Would that put me in the door , to APPEAL to a higher court ????/ thanks ... I'm just trying tofigure a way w/ out stepping on the new Lady's / atty's toes and still getting it to the Judge , for appeal rights ? No good ????



QUOTE::::::::
Appeals need to be based on a legal mistake, and your biggest mistake is having really bad legal representation, for starters. Plus the lies and all. But, tell, then your judge didn't make a mistake, therefore, we can't fix a mistake that wasn't made." So, yes, get it ALLLL if you are ever going to appeal to a higher court, you MUST state to this court what the mistake/problem is. Your judge has to have the chance to fix things, otherwise the appeals court will say, "you should have told your judge... if you didn't on record.