Cps case open

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willow1811
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Joined: Thu Sep 18, 2014 6:29 pm

Cps case open

Postby willow1811 » Fri Sep 19, 2014 6:00 pm

Hello, my name is felicia and I am a single mother of an almost 4yr old little girl whom I took care of alone for 2yrs 1month and 1week and has been in cps for 19 months and they are in the process of doing a tpr. They are basing it on my mental health disability saying that I can't parent my baby cuz I have a low IQ and meet the minimum required standards for parenting. They will be adopting her out to my older half brother whom I have very little of a relationship with and whom she has only met through video chat that the worker arranged without my knowledge or consent. I have expressed in no uncertain terms how traumatized everyone involved will be including at the very least my little girl who doesn't even understand what's going on anyway. Although I have an attorney the one representing me on the juvenile case I'm not satisfied with her work I feel she could do more to help but at the same time since this is new to me as a new parent and first offender I don't have the knowledge I feel I need to help her help me. I know she wants to come home as she tells me every time I see her and gets upset when she asks and I tell her not right now and sometimes cries when she has to leave. Although I feel I am making progress cps doesn't see it or care to see it cuz they have decided against lengthening my visits with her. And they are basing it on my mental health disability still even though I am stable on my meds with a stable income and stable housing. I honestly don't feel I'm being treated fairly.

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LindaJM
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Re: Cps case open

Postby LindaJM » Sat Sep 20, 2014 10:02 am

From what you wrote, I don't see how you could be said to have a low IQ... your writing is flawless.

About your mental health disability - they can use that against people, and if you're getting SSI or something like that, it is hard to say you're not mentally impaired. If you say you're not healthy enough to work, social workers can say that you're not healthy enough to parent.

I don't know if that applies to you. You may be perfectly able to be a parent to your child, but they look for anything they can use against you, and this could be an easy case to win, which is what they prefer.

Still, it isn't over until the judge gives a ruling. Perhaps in a trial you can show that you are capable of taking care of your child. What kind of proof can you take to court?

Remember, the social workers almost always try for TPR but it is the judge who decides, so that's who you need to impress with your side of the story.

If your child will be living with your older half brother, do your best to establish an amicable relationship with him so you can see your daughter. You are lucky she'll be with a family member rather than an adoptive family, where you might never see her again.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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

Re: Cps case open

Postby whosechildrenarethey » Sun Sep 21, 2014 5:37 am

This link will take you to a sight where you can check on your State specific grounds for an involuntary termination of parental rights. Scroll down to find the state you live in and then see how your circumstances fit.

https://www.childwelfare.gov/systemwide ... termin.pdf

A TPR is by no means a slam dunk for DCF. If they have changed your permanency plan from reunification to TPR, then DCF will have to petition the court and submit their allegations as to why they are recommending it to get the TPR started. You will want to have a copy of that Petition along with any court orders related to it. You can obtain this from your SW, your Attorney or perhaps even the clerk of courts.

The standard of proof required to TPR is "Clear and Convincing". You have the right to speak, to be heard, and to give testimony on your own behalf at the TPR hearing.

Regardless of DCF's ascertains about your IQ, their allegations alone are not enough. Obviously they will need an expert to testify and they would have to build a bridge connecting that disability to your alleged unfitness to parent your little girl. Any limitation DCF feels you have has to affect your ability to parent or it's meaningless. You stated in your comment that DCF alleges your IQ meets their minimal standards so what is their problem? It's not your job to be DCF's ideal of a model parent. Their bias is just that - THEIRS!! I agree with Linda that your comment on this forum gives no indication of a low IQ. Your communication skills seem just fine to me. You also stated you have adequate income and suitable housing.

Have you completed the tasks DCF assigned on your Case Plan? If it was court ordered it's important that you successfully complete all your case plan tasks. You can also ask your attorney to motion the court to show cause as to why DCF is cutting back on your visits or the motion could be to increase visitation. Remember, DCF has to do things pursuant to the courts orders too. If they want to change your visitations with your daughter, they have to go through the Judge to do so. Look at your copy of the courts orders related to visitation with your little girl. What you see on that court order is what is supposed to be happening and if it isn't happening then you will want to ask your attorney to motion the court to show cause to get the issue in front of the Judge.

Issues related to Court Appointed Attorney's abound in child welfare cases and it's a serious problem. Here is a link on this site that may help you get a handle on your issues related to your attorney:

http://fightcps.com/2007/08/20/make-you ... k-for-you/


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