Retaliation/Harrassment

[dixla]

Now the fun begins. They have leveled child neglect charges against the daughter that wants to take care of her sister's kids until the cabinet deems her fit, and instead want to give the kids to the foster parent.

The incident allegedly occurred on December 8, during an ice storm where she had to return to the kids to foster care. Instead of making them stand in the freezing rain while she unfroze the car doors, she left them in a secure hotel room. No chemicals, no stoves, etc. She only did this because the foster mother neglected to send them all hats and gloves. She was gone approximately 3-5 minutes. The kids were safe and sound, had a wonderful visit. She was to pick the kids up for a week visit on Dec 26. On Dec 23, she was verbally told no and questioned about the incident. Wow.

To this day, which from 12/23 until now is over 90 days, she still has no paperwork stating she is being investigated, nor has she been served with papers that it was substantiated, even though we all stood in the same courtroom today.

Court set yet another court date for 5/9 to determine her guilt, yet she still doesn't even have any paperwork except the report where CPS says she should not have kids because of their determination of substantiated neglect.

Both attorney and GAL say maybe it wasn't the best solution but it did not rise to the level of neglect. The hen house clucked, so we wait again. She drives 10 hours to be found guilty of child neglect, and we lose these kids forever.

Disgusting!

[whosechildrenarethey]

You didn't mention what state the allegations originate in but I would suggest since you stated CPS has substantiated your daughter for neglect and yet their is a hearing on the matter on 5/9, that your daughter or you look up your states statues/legal definition of child neglect because that is what CPS will have to prove in court. Dependency court uses a preponderance of the evidence standard which is 51%. I would also suggest that your daughter put together her Declaration of facts so that her version of the incident gets placed on the record to protect her right to appeal later should the hearing on 5/9 be decided unfavorably for her. Here is a link that may help in that endeavor.

http://familyrights.us/how_to/fight_cps.html

[dixla]

Kentucky. I've read the statutes, it my opinion, and every other parent I have spoken to, it is not neglect. Had she taken them into the weather without proper clothing, it would have been.
I've also read the SOP for CPS which says that they must provide a notice of investigation. They still have not provided that. They have 45 days to substantiate, it has been 90 days when we heard about it in court. She has not even received the substantiation form. They know exactly where she lives since the judge ordered them to do an Interstate (ICPC, I think). When that was going so well, KY requested the new state stop the evaluation.
If nothing else, they have procedurally failed, but no one seemed to care.
She was stuck to make a decision, leave them free of the weather conditions or make them stand in freezing rain for 3 minutes while she got the car doors open. They were not sent with hats and gloves despite the weather. My story is "Crazy but true" on this board, if you want more details.
It has been clear since September that their intent was to adopt the kids to foster parents. Prior to then, we were being told that they were going to work with my daughter or myself to get the kids. It was clear before then, but I did not know how devious, and untrustworthy these people were.

[monkette31]

gOSH, I am so sorry that your sister was victimized and yes it's for the money. I am quite sure they already had the okay to adopt from the adoptive parents. I know out here in Los Angeles they start working on the foster parents for permanent placement quite early in the game, which to me seems illegal because it's during the re-unification process. The details of the hotel visit, well, I think had that not have happened that way, they would surely have thought of something else to justify their abuse. You are right, they are scum of the earth. Now what we are doing for the past few years is trying to get the word out.

I believe your sister has not been properly noticed and that there was no abuse investigation most likely. I would start at Kentucky state CACI index and see if she made it on their list. Start the cps complaint process.

[dixla]

This is so disturbing. I feel so helpless in the whole situation. Maybe I am a horrible parent, but I too would have left the kids in the dry hotel room instead of dragging them out into freezing rain since they didn't have appropriate clothing while I unfroze the car doors.

Unfortunately, contacting anyone in that state is pointless. That just opens the door for them to take my other daughter's kids.

They claim that I was such a horrible parent, but yet they neglect to report that they placed 3 kids in my custody for 6 months until they could go back to their grandparents.

[whosechildrenarethey]

Kentucky Neglect Definition:
Neglect
Citation: Rev. Stat. § 600.020
The term ‘abused or neglected child’ includes a child whose health or welfare is harmed or threatened with harm when
his or her parent, guardian, or other person exercising custodial control or supervision:
• Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs
of the child, including, but not limited to, parental incapacity due to alcohol and other drug abuse
• Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child,
considering the age of the child
• Does not provide the child with adequate care, supervision, food, clothing, shelter, education, or medical care
necessary for the child’s well-being
• Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow
for the safe return of the child to the parent that results in the child remaining committed to the cabinet and
remaining in foster care for 15 of the most recent 22 months

Looking at Kentucky's definition of Neglect I think there are a few things to be said in defense of your daughter leaving the children alone in the secured hotel room long enough to Unfreeze the car doors and place their bags in the trunk.

First of all, process or procedurally speaking ~ what information/emergency CPS contact telephone number was provided to the daughter caring for the children by CPS in case of an emergency, be it weather or otherwise? Was she given emergency instructions and failed to follow them? No right, CPS failed to give the supervising daughter directions as to what she was to do should there be anything happen out of the ordinary. This placed the supervising daughter in the position of feeling pressured to return the children on schedule despite the weather and to figure out how to get 3 small children without proper attire and their bags safely into the car - in fact early since weather conditions were worsening rapidly. As you pointed out earlier, trying to get ahold of anyone at CPS is next to impossible and in MHO there should be an emergency contact telephone number for anyone supervising children in CPS control. I'm certain under normal conditions, the daughter supervising the kids wouldn't have a left two five year olds and a three year old anywhere by themselves but the circumstances in this situation weren't normal which brings me to my next comment. This was a one time incident and not at all typical of the supervision provided by your daughter for the children she was supervising. Should she have called the foster parents to come and pick them up or better yet, should she have called the foster parents to say she wasn't brining them back until the weather improved? Most likely no matter what your daughter would have done to remedy the situation, CPS would have had an issue with, I'm sure you can deduce why.

[dixla]

When I read the statute, that is what I thought as well. I guess we will see what the judge has to say.
I'm just sickened by all this. No, she was given no emergency numbers, she did what she thought was best given the circumstances.
She is a certified child care worker with never a complaint, and would still be working in daycare if she hadn't moved to her husbands station. She won't even be able tto work with children now with their claim.

[dixla]

My grandchildren are only dollars to these greedy, holier than thou, government (fill in the blank).
They have already given them away and now have to find a way to defy the judge's will which was if the home eval went good that they would go home with her.

[Jessie's Aunt]

I'm sorry but I just can't agree that your daughter's decision to leave three very young children alone in a motel room was appropriate or necessary given her situation. Anything could have happened to those kids, from minor injuries sustained during unsupervised horseplay to the very real possibility that they might have opened the door to a dangerous person or gotten bored and wandered out into the hallway and then vanished.

What your daughter should have done was made a call to housekeeping or the front desk and asked for help. A $5 tip to the maid would have bought a babysitter for the few minutes necessary, or to the maintenance helper who could have readied the car for her.

Now, she needs to admit her mistake and offer to take a parenting class or workshop if she wants your grandchildren to be placed in her physical custody again.

[dixla]

I think she made the best decision she could given the circumstances. I'm not condoning what she did, just stating the facts that there was freezing rain. If she had called anyone she would have had different charges as we must undergo background checks every time we come to the state to see the kids. She was only in a hotel because she doesn't live in the state and the state would not approve any other situation, like staying with a friend. It is a small city and not a motel 6, but an expensive hotel.