CPS INSANITY #980980975898433..........

[cc99991]

Hello,

I really, really need your help, love, encouragement/advice/referrals, anything, I'm not a perfect parent, I have some flaws but I feel they went way overboard and now my kids are with strangers and hurting. (I'm livid)

Prior to CPS involvement/Background: contesting eviction, food stamps, unemployment checks, rent assistance, therapists with alleged diagnoses of depression + schizo-affective disorder(no meds prescribed just talk therapy). Previous CPS involvement-dismissed with prejudice. single mom with 2 boys in Virginia who was struggling, but I had a plan. (not perfect but trying)

Cps investigation: Allegations of neglect, Inadequate supervision of one child in car while I was picking up other one inside school (1-1.5 minutes time frame). CPS called me and said they got a referral from school. I asserted Miranda rights because I wanted a lawyer to be there with me while I meet with them. Ignored. Then came to my home with police, forced entry, threats of arrest and throwing my kids I foster care if I didn't answer their questions (no sign of a warrant) one officer got physical with my arm.

I acquiesced to talk to them without a lawyer because I didn't want to get arrested. Very rude, demanding, and degrading SW asked some questions. Then I met SW at her office twice, I didn't sign their safety plan or psychological release form.

A few days later SW came back to my home just as I was walking out. 2nd Allegation: Neglect unsupervised child in car while mom quickly runs inside apartment to grab bottle from kitchen. Child sleeping in car. I did not neglect my child while I'm getting a bottle for him. (Still not perfect parent I admit it) Then they confirm both kids are safe and leave us alone that day.

They file a petition for PPO: Don't leave kids in car, go to therapy, go to meetings with DHS, sign releases, talk to GAL, and participate in DHS services. (ok)

Stressed out to the max now: Not taking my child back to that school. I needed a break, I took the kids to visit with my Mom outside the state. My lawyer said no problem because the PPO didn't say you can't travel, just make sure you're back in time for the next hearing. So I did and we fly. (coming back days before the next hearing. )

Discrimination, Constitutional Violations, Personal Bias, Professional/ Ethical Violations, Psychological Damage, Emotional Trauma:

1)GAL files Motion for Show Cause/Capias: Granted -Alleging violation of PPO. A Lie, nothing was violated, no travel restrictions

2)Exparte Removal Hearing: GRANTED WITHOUT A PETITION! No, sworn statement or affidavit...nothing at all. Nor adjudication of facts about abuse or neglect. Parent not present to cross examine and present evidence. Yet that Judge grants the hearing and issues Temporary Removal Order.

3) CPS contacts CPS in my Mom's state. They FAX a copy of the TRO order. (NOT supposed to act on a Faxed Document, Supposed to petition the new state's Court to copy the other Court's order right?)
Police and New SW take the kids from me in my Mom's house! Then they force my kids onto an airplane back to Va (6-8 hours away). My baby was still nursing. I asked my mom for money to change my flight and get back to VA.

4)I'm arrested-jail- about 12 hours. Charge: Child endangerment: But the code on the warrant doesn't match the actions and the police don't have a report, just a phone call from SW.... so at arraignment there was an offer made and at first I rejected for trial then criminal lawyer they said trial date would be months later, I wanted to be able to be with my kids so I took it:

5) On Probation/Dismissed in 1 year of good behavior. I don't have a criminal record or drug history, but I have to report to probation officer 1/mo and have urine tests. (The Probation officer is so drunk on her power it's sad) Urine tests-all neg.

Motion to Vacate-Denied (clearly violated due process, state law, civil rights..etc)
Motion to Return Custody-Denied (no real reason-mental health issues he claims. It's not bi-polar or dementia)
Motion to Suppress incriminating statements-Granted so Adjudicatory hearing first then Criminal Case
Motion for Emergency Hearing-Denied
Motion for Emergency Hearing-Denied in Circuit Court
Lawyer stopped helping-(no $$)
Pro Se Appeal filed-Denied (untimely)
Pro Se Appeal filed-Denied (not final orders)
(many others filed pro-se with help from mom)

5) Adjudication: Finding of Neglect-remain in Foster Care- Me:Psych Eval, stable housing, cont.therapy, neg drug screen
ICPC: Transfer of Custody to Grandmother in other state after ICPC approval of home (who I was visiting before removal....)

They went as far as rejecting one appeal out of two, the Court only heard the appeal for one child because the Clerk of Circuit Court only put one child's name on docket. The judge said " well I can only hear what's in front of me" on his screen (wtf?)

6)Foster parents/SW not responding to my requests/ignoring me.
Moved out of Apartment
No lawyer- all the Non-profits don't deal with CPS cases in my state
No income right now, but looking.
They've damaged me so much emotionally psychologically, I'm really worried about the lasting effects on one's health, will I ever recover and be "me " again with my babies? Will I ever get to that happy place inside again?

I read some other's stories here.....unbelievable.....sounds like i'm blessed compared to others. this whole sham is crazy, it has to stop at some point, we can't just let it continue as if it's okay. CPS is submitting all kinds of $$ requests to Fed Gov , the more kids you have, the higher the commission. This is sick and people are suffering. There should be a nationwide lawsuit for everyone who's ever lost their kids to CPS, entitled "Nationwide CPS Class Action" removal is never the answer, helping the mothers, dads, grandmas and grandpas that's the answer. Quality Day care, Quality mental health, quality nutrition, healthy environment, quality rehab that works. these are the things that cause parents, guardians to fall prey to CPS or sometimes revenge from and ex, or a money hungry CPS worker needing a promotion.

sorry to rant, just very very frustrated...no justice in the Courts where they're supposed to uphold the law. Insane.

[family_man]

Good God Almighty! This is one of the worst cases I've ever heard of! I don't know where to begin!

So your children were separated: One living with an out-of-state grandmother, the other with strangers in a foster home?

Federal law (which is being ignored completely) requires CPS to exert reasonable efforts to keep the family safe before breaking a family apart. What reasonable efforts did they take? They also have to take reasonable efforts to reunite the family. What reasonable efforts are they taking. This usually takes the form of a case plan. What do they say you have to do to get your kids back?

I'm so sorry this is happening to you, but I totally believe that it could happen exactly as you say. I know first hand how corrupt CPS can be.

[cc99991]

No the kids aren't separated, they took both of them from me while I was at my Mom's house.

Reasonable efforts would have been: leaving the kids with Grandma or Aunt. Since the kids have been brought back to VA the Court is now ordering an ICPC for the Grandma. At first I thought, great, I'm getting my kids back. then I called the Deputy of the ICPC and was informed that since I'm not a resident of the new state they can't transfer custody to me in the new state.

So they've set me up: Either I leave my kids in VA and move in with Grandma waiting indefinitely for the ICPC or fight and stay in VA with my kids?

There is just so much hatred and twisted truths and money hungry workers and judges, I know they can't stand the fact that I can see clearly how their scheme works. In Virginia, they hate free thinkers and love draconian law and mental slaves. For example, an accident on the highway and I'm late meeting the foster parents, DHS will take away my next visit. I emailed the social worker and asked her to check the police accident log for that area, she confirmed the multi car accident. This is the kind of immature mentality that I'm dealing with.

They haven't really given me anything to do. The last order states ICPC, continued compliance with Neg Drugs, housing, and therapy, and whatever services DHS offers. The meeting with DHS is scheduled, therapy ongoing, always neg drug, I have a home. At the meeting I suspect they'll just come up with more tedious things for me to do just because they can and turn around and tell the judge "we need more information about the pain in her right leg before releasing the kids." And the judge will agree, but appear that he's helping me by saying, ok but do it within 30 days.

What can I do, I need my kids back now? Do you know how to file an INJUNCTION pro se, or Habeas Corpus. Would you recommend Judicial review, lawsuit, what will get my kids out immediately?

[family_man]

I'm not sure any of those things would help you now. It seems that the door has been slammed in your face at every turn. I don't see that changing anytime soon. Yes you could file a motion for immediate dismissal of your case, but there's very little chance that this corrupt judge would do it.

The easiest and possibly quickest way to get your kids back is through Grandma and the ICPC. My ICPC took only 3 months to be approved, and it was another 6 months after that before the case was closed and full custody returned.

It is good that they're still talking about reunifying you, but even if they don't, you'll be able to get your kids back with Grandma's approval if they award her permanent custody in the end.

I know, none of this makes sense. CPS preys upon helpless families, sometimes for no apparent reason. At the same time, they sometimes take no action at all when children are in dire need of intervention.

[cc99991]

Thanks for your reply,

I'm glad for you that it only took 3 months to have yours in your arms.

The hope is for me, they will do it quickly because I think it has to be complete before a certain time frame, I called the ICPC office.

The problem is I'm not going to just sit back letting them carry this out any way they want as if they never violated my rights or denied me due process, not to mention improper inter-jurisdiction judicial procedure in removing the children. (major Trauma)

Now, they keep asking me to do different new things: a 2nd psych evaluation, development testing for one child...etc I think they're trying to distract me from what actually happened almost 7 months ago.

I shall not stop until my boys are home.

[fatherofthree]

Sounds like a lot going on. Just some general comments based on the post to alleviate or address some of your concerns.

CPS can run a TRO/PPO check in NCIC so there is no issue with an official faxed copy with all the details of what they already know from the online inquiry.

A young child alone in a car is a violation of many states law. There is no "magic" time limit and somebody was concerned enough to file an intake which got you on or back in the CPS system radar. Many children die in hot cars and I have personally responded to these types of incidents. They are very serious.

CPS does not read the Miranda admonishment to anybody because they do not arrest people. The Miranda admonishment is read by law enforcement prior to an in custody interview. With that said you can remain silent, but there is no Miranda violation if this was by CPS. You simply choose not to talk or you talk, and they will use those statements in their reports.

Law enforcement is not going to make an arrest based on a cps worker saying there is an arrest warrant. The police will have to verify it for themselves and confirm it. It reads as if you plead guilty to something so you can't really complain there because that would be a voluntary plea that you took. The courts usually read a statement before sentencing to remind a person what they are doing. Regardless, this means you do have a criminal record and completed probation as you stated. What charge were you arrested for and what did you plea to?

With a conviction of some sort of child abuse charge (your plea) cps is going to win their case as they did. For any chance of an appeal you are going to need a stable home and proof you have done whatever they have asked and more. You are in a time sensitive area and with the amount of time that has passed is there room for any more court action? How close are the children to being adopted out?

[family_man]

A lot depends on how old your children are and what the circumstances were. Leaving a teenager alone in a car for a few minutes is no big deal. Leaving an infant alone in a hot car for a few minutes is. Somewhere in between is a murky dividing line between being acceptable and not.

I know from experience that CPS sometimes blows things up way out of proportion. I have never experienced that from law enforcement, although I have read news stories where that seems to be true.

I agree that you plea of guilty to a criminal child endangerment, whether it is true or not, will greatly complicate your attempts to get your children back. I don't know whether you were informed of this before you made your plea, but you should have been.

[monkette31]

Well, know that you are not alone. I hope it comforts you to know that there are thousands and thousands of victims in one of the various stages of the trauma cps imposes on families and children. I am glad you're here.