we need advice!

Newcomers, please post something to let us know who you are and if you have an open case, you can post about it here.

Moderators: family_man, LindaJM

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

we need advice!

Postby truthforus » Mon Jun 16, 2014 8:59 am

Dss has put us into case management. I believe they are doing all this because my crazy family is calling them constantly. Me and my husband got into an argument. Nothing serious. I was at my grandma house talking to her and my aunt showed up and they have always tried to tear up me and my husband apart. Now that I'm happy and have a good family they can't stand it. So anyway, my step mom called the law out of spite and told them I had a gun and my husband had pointed a gun at me. I do have a pistol that is legal for my protection. She seen that and called law. My dad, who I have always been afraid of and its on recoerd at dss where he beat me my whole childhood, he took my kids and told me I would never see them again if I didn't press charges on my husband and he told me he would kill me. I was afraid so I went with police and pressed the chargess.I went and got my kids back and took out a 50 b on my father. I got a lawyer and the charges on my husband were dropped. Dss was called when the charges were pressed. Dss said that my husband could be with the kids, just not at the same time with me. It was not until after charges were dropped on my hubby that dss said he couldn't be around the kids at all. They won't listen to me. They say if my hubby around kids they will take them. They have no court orders on anything. The dss also told me if I didn't sign a paper saying my husband couldn't be around kids they would take my children.they are coming. To my home a lot and searching my house to make sure my husband isn't here.. they brought the police with them Friday june 13 and searched my house and spoke to my children. This scared my kids. There was no reason for them to bring police. I have asked dss repeatedly to take me to court or get court orders but they have not. They have broke many regulations. I have talked to lawyers but they say that dss has to take out a petition before I can do something. I don't know what to do. They are harrasing me and my children and keeping their daddy away from them on false allegations with no court orders or anything. This is terrible. Anyone with advice please help. Wwe are prisoner in our own home

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: we need advice!

Postby whosechildrenarethey » Mon Jun 16, 2014 12:39 pm

I'm sorry your family is going through this. To tell the truth from my perspective, when CPS enters our lives none of us know what to do. We have to dig in and find out all we can and fast. It's good you have access to the internet and have found this site. Read everything here that you can and start learning how CPS operates and fast.

Having said that, it does no good to close the barn door after the horses already got out. You stated that CPS has done various things without as much as a court order. You then went on to say that they made you sign a Safety Plan and that the Attorney you consulted said until CPS files a Petition with the court they can not help you. That Safety Plan you signed, also known as an adhesion contract, is the reason CPS can intrude into your lives, your home, and your business without benefit of a court order. You may want to seek legal advice as to how to rescind your signature on the Safety Plan and moving forward, until you have a chance to research and learn all you can about CPS I wouldn't sign anything else from them. You can take the document and tell them you'll have an Attorney look it over. What State does your family live in? Each State is different.

The only way that I can think of to get this in front of a Judge now is probably by your non compliance with your Safety Plan but make no mistake, if you do that CPS will most likely remove your children and then file the Petition the Attorney spoke of. I wish I could provide more specific information but without knowing what State this is happening in I can only provide general information.

Here is a link to another sight I found very helpful: http://familyrights.us/how_to/fight_cps.html

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Tue Jun 17, 2014 6:47 am

We are in north carolina. I've been calling lawyers for 3 days trying to find one to represent us. Dss have been coming to my home twice a week and bringing a police officer with them to search my home. Its scaring my kids and my husband is getn ready to have to have knee surgery and I need him to be able to be hime cause I will need to take care of him this is awful

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Tue Jun 17, 2014 7:00 am

Also, when the dss worker came yesterday with the police I told them they could not come in my home. And I asked her wasn't it against their regulations in n..c. to coerce or pressure someone into signing a seafety plan and wasn't it true that she told me that if I didn't sign it they would take my kids? She said"I don't believe we have a safety plan with you". What???? She knows good and well we have saftey plan and if we didn't what was she doing here?! Omg them ppl!

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Tue Jun 17, 2014 8:40 am

NO one will ever take my kids unless they pry em from my dead fingers. We will fight and do what ever we have to do before they put our children thru anything like that.

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Wed Jun 18, 2014 6:40 am

Someone can anyone please help with this issue. I'm trying to file for the state administrative hearing against cps and the dss office will not give me one!???

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: we need advice!

Postby whosechildrenarethey » Wed Jun 18, 2014 3:15 pm

North Carolina General Statutes
Chapter 7B: Juvenile Code
http://www.ncga.state.nc.us/gascripts/S ... pter=0007B

North Carolina Office of Administrative Hearings
http://www.oah.state.nc.us/hearings/faq.html

North Carolina CPS Policy and Procedures Manual:
http://info.dhhs.state.nc.us/olm/manual ... spx?dc=dss

If you've signed paperwork agreeing to certain requirements CPS placed on you, then there is nothing to have an
Administrative Review for. As you said yourself, there has been no court intervention and your voluntarily cooperating. The court will only become involved if you are not cooperating. It will be a crap shoot at that point as to what CPS will do, close the case or take you to court. Here are the NC child abuse/neglect definitions - scroll down to NC - https://www.childwelfare.gov/systemwide ... define.pdf

Administrative review is for parent's who have received a letter from CPS stating they have concluded their investigation, marked the allegations of abuse/neglect as substantiated and will submit the name of the abuser to their Central Registry.

In North Carolina, CPS falls under the NC Department of Heath and Human Services. Here is a link that will take you there.
http://www.ncdhhs.gov/childrenandyouth/index.htm
There is contact information there as well.

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Wed Jun 18, 2014 3:32 pm

I called the nc state dept of social services today. The woman told me I wouldn't find a lawyer because taking dss to court was unheard of. She told me I had no right to a hearing. Dss told me today that they would not give me a hearing. After she told me these things and it was a lot of hateful things I called her back and told her it would be recorded and if what she said was true that I had no right to a hearing she wouldn't mind stating it on record. She said she would not speak to me while being recorded and she had nothing else to say and hung up. Which shows everything she said was a lie. Well so can they just stick in my life and harrass me and my children until forever?they have broke regulations and everything. No one in this county will help. No lawyer will represent me. I even wrote to the governer today. I called the county manager and he wants me to have a meeting with him and the director of dss says he will help but I'm afraid he won't. That he will just make things woorse. I really feel helpless. I will keep trying but no one will help. My husband is having to live with relative in another county and I have no job. He is having hard time paying bills at 2 different locations I don't know what we are going to do

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Wed Jun 18, 2014 3:36 pm

NAnd it does no good to know my rights and regulations if they won't even let me take them to court. Or have no lawyer. I can't even find a way to get them in court. I even have papers where they allowed my hubby to be with kids and then AFTER he was found not guilty, and I did not drop charges, they wouldn't let me, he was found not guilty! That day after court is when they said he couldn't be around kids. There has to be something I can do

truthforus
Posts: 13
Joined: Fri Jun 13, 2014 4:49 pm

Re: we need advice!

Postby truthforus » Wed Jun 18, 2014 3:40 pm

And also they are not investigating anymore. They have put us into case management. I even have a witness where the dss worker came and broke hippa laws by disclosing to me and the witness that "the psycholigist said he didn't think david was christian at all and apparently he thinks he has a mental problem." And he also said"that the psychologist is a friend of mine I've known him for many years and he is a devout christian." My husband was very nice and polite with him so why would he say that? Its very crazy

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: we need advice!

Postby family_man » Fri Jun 20, 2014 8:38 am

For what it's worth, here's what I would do if I were in your shoes. Like a previous poster said, working with CPS is a crap-shoot, so you never really know what will happen.

It's one thing to voluntarily comply with a case plan when it involves only a minor inconvenience, like having to be monitored by worker, or having to attend parenting classes, etc. Complying with such a plan, useless as it might be, is usually worth the effort, because it might prevent CPS from taking more extreme measures. On the other, complying with a plan such as yours, which involves significant financial, medical and emotional hardship, is quite another. I fear that CPS will never be happy with your husband and you being together in the presence of the children. The real purpose of your case plan may not be to "rehabilitate" your husband so that he is safe to rejoin the family, but to indoctrinate you into believing he is a true risk to the family, so you will never let him back. So if it were me, I would do the following:

1) Retain an attorney on a contingency basis. Pay an initial balance into his/her trust fund, to be used only if CPS takes legal action against you.

2) Get rid of the pistol. Yes, you have a legal to own it, but it seems to be the biggest concern CPS has of you, so it's not worth keeping it.

3) Notify all your and your husband's health providers that they not to provide any more information to CPS under any circumstances.

4) Write a letter to your caseworker that due to the extreme financial burden your separation from your husband entails, and because of your need to nurse him back to health after his upcoming surgery, that you are no longer going to voluntarily comply with the requirements of your case plan.

5) Since you both of you still have legal custody of your children, you have still have the authority to take them out of N.C. If you could possibly find a way to do this, you would be home free. If not, CPS may simply close the case. Or they may take you to court, but you eventually would have to do this anyway.
Disclaimer: I am not an attorney, and this is not legal advice.


Return to “Newcomers - Welcome to the site - please sign in here”

Who is online

Users browsing this forum: No registered users and 9 guests