so extremely depressed

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MariW
Posts: 3
Joined: Sat Jul 12, 2014 11:05 pm

so extremely depressed

Postby MariW » Mon Jul 21, 2014 5:31 pm

I feel like I was totally set up by the CPS CW and they took my 2 Grandchildren. The in-law has them but I am worried sick...I feel like my Grandson is wondering why the one person he could count on and trust has now abandoned him.

Right now I have 2 questions if any of you good people could help answer. Where do I go online to read the petition from the CW? And is it too late to turn in a "declaration of facts" if it's already been presented to the judge.

The in-law told me she read it and the CW is saying a failed the drug teat which is a bold face lie.

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

Re: so extremely depressed

Postby whosechildrenarethey » Mon Jul 21, 2014 7:56 pm

The answers to your questions largely depend on whether you had legal custody of your grandchildren. If you had legal custody, then you are a party to the case and can obtain a copy of the Petition from either the clerk or court or from the SW If on the other hand you had an agreement with your daughter/son to keep your grandchildren without the benefit of a court approved and sanctioned guardianship, then you would have to obtain a copy of the Petition from your daughter/son... To my knowledge, there is no place to read the Petition online because juvenile issues are confidential and closed to protect the privacy of the child/ren.

Did you go to the Shelter Hearing held after CPS removed your grandchildren from your home? If you went were you given and opportunity to be heard. If you are a party to the case you should have been allowed to speak and to be heard and to present an answer to the CPS allegations, although I was not allowed to speak despite my states statutes that say otherwise. Did your daughter/son attend? Are the parents active in your grandchildren's lives? You don't say what the allegations were and again the issue of a declaration of facts hinges on your being a party to the case. You don't mention what state you reside in and each state is a little different. If you are a party to the case, it is not to late to file a declaration of facts.

After the Shelter hearing the judge issued orders and a court order was generated to officially log his orders into the court record. These orders would define the courts findings based on the petition CPS filed and issues related to visitation etc... You may want to consult with an Attorney to find out what, if any rights you have as a grandparent, (each state is different) and to explore ways in which you can either motion the court to be a party to the case, or for kinship care and or to establish court approved visitation of your grandchildren pending the outcome of the CPS case, or on the facts of case to determine how you can fight to get your grandchildren home with you.

MariW
Posts: 3
Joined: Sat Jul 12, 2014 11:05 pm

Re: so extremely depressed

Postby MariW » Tue Jul 22, 2014 11:51 am

Hi Whose children and thank you for replying. Let me see if I can explain things a little better, while still trying to keep it fairly short.

In April of this year; my 23 yo daughter was sitting in her car with her 10 month old daughter in the back seat. She had just finished getting her hair cut and someone must have seen that she looked messed up and called the police. The police arrested her and called the baby's dad to come pick the baby up (my daughter is not married to the father but they are (or WERE) engaged and living together. Her 5 yo son (which has a different father) was with her fiance parent's house (and they are the ones that have the kids now)

My daughter had a court date (from when she was arrested) and decided to take the baby to court with her (I had my 5 yo grandson), so I got a call from my daughter telling me they were about to take her to jail for failing a drug test and could I come pick up the baby.

When I got to the court house, the CPS CW was there waiting for me.....I thought I was just going to pick up the baby and leave (then start figuring out what was going on with my daughter to cause her to do the things she was doing) anyway....the CW kept telling me "it's just going to be a little bit longer, we are waiting for her case to come through on the computer (she had her laptop in front of her) then it starts.....she just started asking me questions in a non chalant (so) sorta way. I was upset about everything that had happened but I was still being careful what I said about my daughter. Then the CW started googling me.....checked my criminal history...and was saying " oh, that's good". THEN she made up some kind of bogus excuse for me (and the kids) to meet her at the CPS building.... HOW COULD I HAVE BEEN SO STUPID??????? Not knowing anything about CPS, I was like "sure" yes, I cringe every time I think about it.

So, I had a hard time finding the actual CPS building (no name on building..... No windows....hmm, almost like it was disquied....gee, I wonder why). Anyway, now we are at the CPS office where she drug tested me (mouth swab) which my prescription adderall showed up and I had already told her I was taking that while she was interrogating me. And I let her know the prescription was from a reputable doctor. I allowed her to "talk" to my grandson behind closed doors (I have nothing to hide but I didn't like my grandson having to do that). I was starting to get a very dark gloom and doom feeling. We were in her office and she kept leaving the room while she was talking to her supervisor on the phone. Then she asked me to do a hair follicle test, I told her just like this "you knowww.....I'm a nurse and subject to random drug twat so I have no problem with that, so I will go to the lab in the morning. But of course, she said no...you have to take it now. So I declined and she took the kids. I did get my own 10 panel HFT, in which everything was negative. When I got the results I emailed a copy to her asking her to please give me unsupervised visits with my grandchildren and told her I have never put their lives in danger and never would. Anyway, back to the day (or knight before it was all said and done) luckily, my granddaughter's grandparents " qualified " to be the kids temporary guardian until we find out what's going to happen with my daughter. And I will say that even though my grandson is not their biological gson....they do love him and treat him the same as their granddaughter. As just as a side note, I had a feeling that CW was doing everything in her power to try and disqualify them also.

My x-husband (in which we were married for 25 years and live in separate houses but still see each other) the kids grandfather kept calling the CW trying to set it up so he could get unsupervised visitations. The CW would never return any of his calls....he had to call CPS in a different County to try and get assistance. He was given the name and number of the CW's supervisor...... The supervisor told him he was not able to have unsupervised visits because of his association with me. He asked what I did, and she told him I was non-compliant.

So.....as it stands, my daughter is in rehab....I only hear bit's and peices as to what's going on in the CPS case. The in-law (to be - maybe?) told me she read the case online and she also told me the CW put that I failed the mouth swab test (big fat lie). The In-Law thinks the CPS people are just wonderful.

So as of right now, my goal is just to "clear my name" 1. I didn't "fail" the mouth swab test and 2. I took and passed the HFT. And to be able to have unsupervised visits with my grandchildren (me and my grandson are extremely close as I have practically raised him.

Oh, I'm in the State of Texas. I didn't want to ask the in-law where I could go online to read the petition because, well it's sorta hard to explain....I feel like one minute she is "on my side" and the next minute she isn't. There is a weird, fine line.

I miss my grandchildren. : (

MariW
Posts: 3
Joined: Sat Jul 12, 2014 11:05 pm

Re: so extremely depressed

Postby MariW » Tue Jul 22, 2014 12:22 pm

^^ Okay, so I read where I typed "drug twat".....What the heck? Obviously, I mean't " drug test ". : /

I am trying to get used to typing on this small 7" tablet of mine but I see I have a way's to go. : )

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

Re: so extremely depressed

Postby whosechildrenarethey » Tue Jul 22, 2014 12:46 pm

Because your grandchildren's other grandparent's have been given legal temporary custody of your grandchildren they are now a party to the case and will be allowed access to all court documents such as the Shelter Petition and the Courts related orders. Moving forward, they will have access to all court hearings and follow up documents. Your grandchildren's legal parent's are also allowed access to this documentation and your daughter is likely your best route to obtain a look at the Petition and other related documentation.

Here is a link to Texas Child Welfare Policy and Procedures Manual. http://www.dfps.state.tx.us/Handbooks/CPS/default.asp It lays out what CPS is supposed to do which may be of some help in your endeavors to fight CPS on their allegations of a dirty drug screen related to your use of Adderall as prescribed to you by your doctor. I honestly don't know how CPS gets away with this kind of utter BS but they do, everyday and unfortunately your likely going to have to obtain legal assistance to get this mess straightened out since CPS is waging bogus drug use accusations against you. The Judge probably never heard you did nothing more than take your prescribed medication legitimately given to you by your Dr. and the only way for the truth to come out is if you get in front of him.

Here is a link to issues related to the rights of Grandparent's in Texas: http://grandparents.about.com/od/grandp ... _Texas.htm


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