Newcomer with questions

[ms cnb]

Hi, I am a grandmother to an 8yr a 2yr and a newborn. the newborn was removed from my daughter's care at the hospital. she had tested positive for drugs. I am an 18 wheel truck driver and could not get home to Lubbock TX for 4 days. Do I have any rights to the care of these children. Can they remove them from my care and how do I go about getting the newborn? I am incredibly naive I guess, I thought that if family were there the kids would come to them not go direct into the system. Any help, ideas would be so very much appreciated.

[Dan Sullivan]

Hi, I am a grandmother to an 8yr a 2yr and a newborn. the newborn was removed from my daughter's care at the hospital. she had tested positive for drugs. I am an 18 wheel truck driver and could not get home to Lubbock TX for 4 days. Do I have any rights to the care of these children. Can they remove them from my care and how do I go about getting the newborn? I am incredibly naive I guess, I thought that if family were there the kids would come to them not go direct into the system. Any help, ideas would be so very much appreciated.

Too many times the children go into the system and the relatives have to fight to get them out.

What was the drug?

Did your daughter admit to the drug use?

If she admits her mistake and gets help she has a chance at getting her newborn back.

CPS allowed her to keep the 8 yo and 2 yo?

When did this happen?

Best, Dan

[Dazeemay]

In reading your post it sounds like all of the children are in the system. You posted this, "I thought that if family were there the kids would come to them not go direct into the system." and that is what makes me believe all are in foster care.


If your daughter did not take any drugs here is a link you must study and show them to prove them wrong.

http://www.urban75.com/Drugs/testing2.html#c

This link is on laws regarding testing pregnant women for drugs

http://straylight.law.cornell.edu/supct ... 36.ZS.html

The link above shows you that a hospital or anyone else cannot remove a newborn baby if mother did not give consent to drug testing. Be sure if you hire a lawyer you give him all of this information.

You need to gain a great deal of knowledge in regards to your rights as a grandparent. According to the ASFA (American or Adoption Safe Family Act) you have all rights to the grandchildren.

Here is a link stating your rights as a grandparent.

http://www.grandparentsforchildren.org/

Go to the News section on this site and read everything. Especially pay attention to when you come to the bold print stating this.

So many grandparents are losing grandchildren to the foster care system and they are not aware of the Adoption and Safe Families Act (ASFA), which mandates that suitable relatives be found before placement of children into foster care. Please make the children’s case worker aware of this law and your knowledge of it and share with your attorney as well. Children have a right to be placed with family members and the law demands it. This following is the ASFA law:The law then follows this statement. You must refer to this law everytime you communicate with cps. Your lawyer, if you get one, will probably not know this law or any of the about laws concerning your case.

On this site click on contact and scroll down to the map and click on your state. It might bring up an advocate that you can contact to help you.

You have to come across calm and composed even if they make you mad. With a smile state your rights as a grandparent.

Can they remove them from my care and how do I go about getting the newborn?

Yes, they can remove them if you do not know your rights. You need to adopt them right away and you only have a year to do this. Do not wait on cps to tell you this or help you because they will be hoping you know nothing about the laws of adoption.

You get the newborn by stating the law to them. You have the legal right to all of the children.

One more word about the advice I or anyone gives on this site and that is this:

Bob_Lynn posted this and it is worth reading.

CPS does not operate within the law and does not operate within their own individual guidelines. In fact, EVERY caseworker operates independently, even within the same CPS.

When an entity operates within the law and within set guidelines and boundaries, then a set of reasonable advice can be given by "experts" and it usually works the same way every time.

This is NOT TRUE when it comes to CPS. No one, not me nor anyone else, is an expert at rendering advice to protect yourself and your loved ones from CPS atrocities.

You must take every piece of advice you're given with a grain of salt. Every case is different and every situation is different. There are no pat answers. The best you can do to protect yourself is to read up on everything from as many advocacy sites as you can and try to stick with advice that's the same or similar, given by all of them. However, you must use your own final judgment when dealing with these criminals.

Just remember one basic piece of advice given by virtually all advocacy sites. The Constitution is the ultimate law in the United States. As such, nothing trumps the Constitution and it is your best protection. If you don't assert your Constitutional rights, government agents will assume you are waiving them.

[Michael]

Before any removal Texas CPS Workers are required to ask centain questions:

1. Any Native Americal blood?

2. Relatives who you can place the child/children with?

Unfortunately the mother is usually mad at other relatives and will not provide their name and phone number. If the CPS Worker has a name and phone number they will contact the relative UNLESS that relative has a violent criminal history or a history of RTB with CPS.

CPS workers can call and obtain an immediate criminal history report.

[pebbles04]

In pertains to this situation...is she guilty of taking the drugs???? If so she needs the help..and have her get it cuz there will not be a fighting chance for her with those kids. Secondly ..when it comes down to grandparents...unless they have proven you unfit you have every right as a grandparent to file..if her rights have not been terminated then you have the right to file...the judge should give you custody...at least temporarily **unless there is some form of criminal history or child abuse history**. At one time I posted a link to a site and I also provided the information. And basicly when they are placing children within a family placement the only thing technically that they are supposed to do is find out if you have a record of child abuse...just a heads up..

Go file a petition for custody..the least they can do is tell you no. Ask your daughter *if you havent already* if she was using drugs and if so go into court and tell the judge the truth and state that you do not condone her actions yet you would like to keep the kids with you and to not seperate them until she can participate in a drug program and recieve the assistance that she needs.