I need help and advice

[nicki]

My step son sexually abused his brother and my husband and I reported it to the police department and cps. Now CPS is having my husband and I taking psychological evaluations and is not allowing my husband or I see the one that actually abused my other step son. They placed him in foster care about an hour and a half from our home and we have no contact like we did something wrong. The sexual abuse happened outside of our home and we wasn't made aware of it until several months later. The son that was abused haven't been offered any help from cps or mentioned anytime we have gone to court. My husband and I don't know what our rights are and how to go about this. Please help All questions are welcomed

[LindaJM]

Did you go to court? Did you sign paper there - a stipulation or guilty plea of some kind? If so, you gave up your right to a trial.

Get your own therapist for your child; don't expect CPS to do everything for you. You shouldn't want anything from the government; obviously anything they give has strings attached and is unlikely to be for the true benefit of your entire family. It is better to be as self-sufficient as possible.

Whatever the court order states - that is what you must do ASAP so that the judge might rule in your favor next time you appear before him/her.

Rights? ...well, you can write your own paperwork to try to help your attorney with the case.

See sample declarations and "objections/corrections to the report of the social worker" in our sample document library.

Let me know if your situation differs from what I described.

[nicki]

We have been to court twice and we have not signed any paperwork stating we are guilty of anything. The last time we went to court the cps casework had not give our court appointed attorney any paperwork concerning what was going to be said that day until the morning of the hearing. That is when the judge ordered my husband and I to have the psychological evaluation(under the caseworker advisement). We meet with the court appointed attorney next week and I will have my paperwork ready for the attorney requesting an appeal and all paperwork from the caseworker related to this case. They are leaving it up to my step-son when he wants to see his father, mind you my step son have mental issues(aside from the molestation) and functions at the level of a third grader even though he's fifteen. We have no clue where he is at(we only know what state he is in), how he is doing, or who he is with. When the caseworker decided she was going to recommend an "evaluation" she told us it was a parental assessment and had just gotten the case from another caseworker. She had not met us or the child in question that committed the crime. Can I file for an appeal t have the judge here our side of this to why we don't need an evaluation and how we have been treated even though she already ordered the evaluation.

[monkette31]

It depends on the state you are in, whether or not you can appeal. Different states have different rule and time frames for appealing. Has the child been charged with a crime? They are most likely cashing in on funding for him and leaving you in the dark, did you ask for visiting or did the court give you visiting with him? Send a registered letter to the social worker asking about visiting.

[nicki]

No has not been charged with a crime. The caseworker recommended that visitation be left up to the child. So my husband can not see him until he says it's ok.