3 day old taken from hospital

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wmcbryar90
Posts: 6
Joined: Sat Sep 27, 2014 12:24 pm

3 day old taken from hospital

Postby wmcbryar90 » Wed Oct 01, 2014 9:54 pm

My girl friend and I had our first baby, it should have been a moment of pure bliss but instead it was tragedy. My girl was prescribed amphetamines by her OBGYN and even at length of discussion the OB said the side effects should be negligible, but apparently the courts didn't see it that way. They strong armed her and completely lied through out the entire affidavit At the pre-trial her lawyers only advice was sign the case plan. Whats worse is once they legitimate me, they have already mentioned opening another case against myself and due to substance abuse in my past I have A domestic with the girlfriend. We have completely turned our life around since finding we had a daughter on the way but now its tearing us apart. What should we do? The only other lawyer we have talked to said to sign the case plan. It just doesn't seem right we aren't bad parents and our daughter doesn't deserve the risk of ending up in foster homes.

missing_my_kids
Posts: 14
Joined: Wed Sep 10, 2014 1:10 pm

Re: 3 day old taken from hospital

Postby missing_my_kids » Mon Oct 06, 2014 10:22 am

Disclaimer: I'm not a lawyer. I'm a parent going through hell with my own situation, and I'm offering suggestions based on my experience. This is not legal advice, but only suggestions from another parent. Discuss anything and everything with your own lawyer.

First, Did you agree to the case plan? Without going into specific details, is what is contained on your case plan things you feel you and your girlfriend can reasonably complete in an efficient amount of time?

I'm still in the midst of my own struggle. My best advice, something that's been very helpful to me: record EVERYTHING. Everything. No detail is too small.

If you are going to meetings, have the group leader sign off at every meeting you go to. If you're going to parenting classes, get records for every class you attend. Every voicemail, text message, or phone call you make to your case manager, and what was discussed. Every time you see you daughter, record it. Record everything you buy for her (even if it's just small things, like a new outfit, or a new pacifier or whatever). And bring those records with you every time you see your case manager, every time you go to court, every time you meet your lawyer. The better your records are, the better it'll work out for you. For example, in my own arraignment, when DCF/CPS commented on things like our "lack of communication", I had lists of text messages/phone calls/voicemails, and what was discussed (and all the times DCF didn't return our calls!). The judge said that we were her "model parents", because we recorded everything (thanks to the great advice from this forum), and it was VERY favorable for us.

And, if you agreed to the case plan, the faster and more aggressively you pursue it, the judge might look more favorably on it. Remember that CPS/DCF isn't the final decision maker, the judge is. In my own case, we had already started and completed most of the items on our case plan before the first time we appeared in front of the judge. That highly worked in our favor - it showed the court we were motivated and willing to do whatever was needed to get our kids back.

I'd also be sitting in the OBs office until I got a letter from the OB explaining that the medication was prescribed for XXX specific condition, that the side effects were discussed, blah blah blah. Everything you said here, explained by the OB. Keep it for the judge.

Everything that's lied about in the affidavit, make note of, and if you can find records (not just your word) to disprove those things, gather them for your lawyer. I assume you have a court appointed lawyer (as do I, simply because we can't afford the retainer for a private lawyer), so remember they are busy. The more you can do for them, the better. If you can provide them with evidence that the affidavit is wrong, it might be something they can use - maybe not, but certainly worth a try.

Make sure your living situation is in safe condition, because a home study could be required. Clean, well-kept, food in the fridge, formula to feed baby or healthy foods for mama is she's pumping breastmilk. In our situation, we had to answer questions about our financial ability to support out kids - detailed records of monthly bills, monthly income, if we need WIC/EBT/other assistance. Having all that in order could save time.

Do you have a support system? Church, friends, family? I've had to answer a lot of questions about our support system, and we've had to work to create a support system - friends who are willing to stand by us, church who is supportive, finding a babysitter/day care for times when I need a break.

If DCF is bring your past into the situation, I'd start gathering records about that. Have you gotten treatment for your past substance abuse? Meetings, rehab, whatever? I'd start gathering those records. Did you complete any counselling/anger management/etc. after the domestic charge? I'd gather those records. Even if you talked to a pastor or church minister, anyone... just gather whatever records you can to show you worked on it and made real life changes.

A personal note, from me... this type of situation is HARD. Take care of yourselves. Take care of your girlfriend. Remember she has all sorts of postpartum hormones right now, on top of all this stress. Make sure she's okay. Take care of her... support her.

wmcbryar90
Posts: 6
Joined: Sat Sep 27, 2014 12:24 pm

Re: 3 day old taken from hospital

Postby wmcbryar90 » Fri Oct 24, 2014 3:27 pm

Thank you so much for the reply. We haven't signed any case plan, but it doesnt seem in our best interest to do so. The entirety of the affidavit is bogus. The only real thing they have against us is her and the baby testing positive at birth but its a prescribed medication. They even went as far as to spell my girlfriends name completely wrong in the affidavit.

henrietta
Posts: 7
Joined: Tue Nov 11, 2014 3:46 am

Re: 3 day old taken from hospital

Postby henrietta » Thu Nov 27, 2014 3:19 am

I am going through a similar situation. I had a baby in july and they claimed that he was born and he failed for amphetamines. But I was clean. My test came out clean. They told me that he was dirty for amphetamines. I told them I did not agree with that, test him again. Then they had another test and it came back "contaminated" although they didnt tell me about it. next day he was brought into my room and I went to change him and there was a ziplock bag attached to him. (when did they start urine testing newborns??) They refused to give me any records or proof of the tests. When I was going to be released there was an investagator for the wcdss in my room.She told me that there were concerns that i didn't have anything for the baby at home and she asked me if I would let her check it out. My babys daddy went to my house so he could let her in. They never showed up at my house. Instead they came to the hospital and took my child from me. He was placed in foster care. Now months later they are trying to take my 2 year old daughter also! They have always harassed me. CPS came into the hospital when my daughter was born also trying to make me catch a case. I dont know what to do.... dec 2 i have to go back to court. They have no grounds to take my daughter. Their petition is all bs. What do I do?

Justice74
Posts: 14
Joined: Tue Dec 02, 2014 11:12 am

Re: 3 day old taken from hospital

Postby Justice74 » Tue Feb 03, 2015 9:26 pm

To Henrietta,

Newborns bring up to $250,000 in income for these baby snatchers.

It is pure evil what they did to you and your infant.

There is an excellent book available on Amazon.com for $5 Kindle version. It's by Shell Suzanne "Profane Justice". It will be the best $5 you will ever spend. The book is filled with information.

Also visit massoutrage.com.

I know my post is late, but I do hope that they didn't succeed at kidnaping your 2 year old.

Lesson for the rest of us is to NEVER leave mother and infant all alone at the hospital. They become an easy targets. Hospitals go hand in hand with corrupt CPS/DCF.

henrietta
Posts: 7
Joined: Tue Nov 11, 2014 3:46 am

Re: 3 day old taken from hospital

Postby henrietta » Mon Mar 23, 2015 5:50 am

They did get my 2 year old as of Jan 15th 2015. And I am so lost. How do these people get away with this !? I refused to admit to anything they are trying to charge me with and demanded a trial. Now there is another meeting today actually, "Mediation" I feel as if they are just trying to avoid a trial because they will lose. I dont really know what to do...

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

Re: 3 day old taken from hospital

Postby whosechildrenarethey » Mon Mar 23, 2015 8:26 am

In my own experience with CPS, the Judge ordered mediation after my daughter's continued refusal to sign a case plan either before or after she made her plea of "DENY" at her arraignment.

Mediation turned out to be nothing more then another attempt by CPS to intimidate my daughter into signing their case plan.

The problem with signing their case plan was that it was a work of fiction based on outright lies. There was no way my daughter could sign it. This forced us to research and what we learned was shocking and we began to understand why CPS has such a push straight out of the gate to intimidate parent's into signing their plans.

My Daughter's case was dismissed at the Pre Trial Hearing. None the less, her children were initially in Foster care where it took me 2 months to get them out merely because the Department failed to make any reasonable effort to contact me and it took another five months to get the case dismissed. It was a nightmare and entirely unnecessary but again, there was an infant involved.

When parent's voluntarily sign the case plan it's a backdoor admission of guilt and they will never have their day in court, there will never be a hearing and CPS will never have to prove the allegations against you contained in their petition to the court.

My daughter's case is similar to yours in that she was taking medication prescribed to her by her doctor after having had a c-section. There most definitely should be a distinction made regarding one taking a legally prescribed pain medication following surgery from taking an illegal street drug. Additionally, whether or not there was harm to the child/ren while the parent was taking the prescribed medication which in my daughter's case there was no harm to the child/ren.

Innocent Parent's have much to lose by voluntarily signing the department's plan. It's the equivalent to a plea bargain in a criminal case. First of all their names will be entered on the child abuse registry and they will have a history with the department. At any time during an open case the department can petition the court to change the permanency goal from reunification to adoption. The departments focus should be on reunifying the family but if they should decide differently what can a parent do? Parent's with newborns are particularly at risk from a change in permanency goal because infants are a prize most sought by the department. Voluntarily signing the service/case plan makes you an admitted child abuser/neglecter for and on the record of the court and in the eyes of the court so that when the department changes the permanency goal from reunification to adoption, parent's already have a strike against them.

Additionally it was our experience that the court appointed attorney's work with the court and for the department and while they may be in the court room to represent the parent, they will not fight for the parent nor will they adequately defend the parent. The things CPS get's away with could not be accomplished without the help of the Court Appointed Attorney's and sadly the court itself whose tendency it is to rubber stamp whatever the department says. As in my case, the department is obligated to make Federally mandated reasonable efforts to place the child/ren with fit and willing relatives before they place them in foster care and the department must make those efforts and report them to the court and then the judge must sign off and confirm those reasonable efforts. WHAT A JOKE! The department removed my grandchildren from my daughter, placed them in foster care and then contacted me 2 days later and after the shelter hearing had already taken place without my being aware. When you first come into the department's realm of reality you know nothing and that's about what my daughter and I knew, absolutely nothing and the department takes full advantage of our ignorance.

Be prepared to be bullied at the mediation. Hold fast to your truth and if you've done nothing wrong, demand your day in court for a judicial determination of any wrong doing on your part based on the department actually having to prove what they allege. Good Luck!


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