Desperately in need of Help!!! My Story.

[nikki760]

I recently gave birth to my second child. A beautiful baby boy. He is about 2 weeks old now. While still in the hospital one of the doctors came into my room and told me that my son had tested positive for meth. A total shocker, seeing as how I've been clean since December of last year after giving a dirty test at one of my prenatal visits. He then told me that a social worker would be coming to talk to me and that they may place a CPS hold on my baby. Let me back up here...

... This is not the first time this has happened. Only this time it's not true. My first son born in 2001, now 5 yrs. old was born pos tox. CPS let me keep my son and opened a voluntary case on me for 6 months. Then closed the case because I did not comply with my case plan. ( I wouldn't go to counselling). And they left me alone.
Until my son was about 15 months old. I was staying with a friend in her apartment and one day a couple detectives came to the door. My friend was at work at the time and me not knowing my rights opened the door. They pushed their way in and began searching the apartment for drugs. I told them that it was not my apartment and that they couldn't search it. And them told me they had gotten permission from her boyfriend, which I later found out was not true. After searching for about 45 minutes and finding nothing they decided they would run my name to see if I had any warrants. To my surprise I had a bench warrant for a fail er to appear. So they decided to search my purse. Where they found a small baggie of drugs. They then called CPS and had them come pick up my son and off I went to jail.
To make along story short, I went into a residential drug treatment program straight for jail. I was in the program for 11 and a half months and graduated from it, I got my son back, had a job and my own apartment. Sober Living. And I even finished school and got my diploma, and had over a year clean.
After only living in my apartment for a few months, just me and my son age 2 by this time. My next door neighbor, whom I did not get along with too well called my CPS worker and made up a story about finding some drugs in the parking lot next to my car. My CPS worker then called me and asked me to come in to her office. Stating that she just need to do her monthly visit, and make sure everything is going good with me and my son. So a couple hours later I take my son to the CPS office. My worker separated me from my son because she said she need to talk about adult things he didn't need to hear. I thought this was a bit strange. She then left me in a room alone for about 20 minutes. When she returned she had her supervisor with her. Her supervisor told me the allegations against me and informed me that they were taking my son away from me again! She then stated that she thought I looked under the influence of alcohol and said she was going to call the police. They came did there little sobriety tests and concluded that I was sober. However my son was still taken....
....I later decided in 2004 to voluntarily give up my parental rights to my son so my mother could adopt him. Through out this entire mess when he wasn't placed with me he was living with my mom she was his foster parent. I thought I was doing a non-selfish thing by giving him up so he would be able to live in a stable home instead of dragging him through another CPS episode. I talk to him on the phone every day and see him all the time....
....Now where back to the present. I've only been allowed to visit with my 2 week old son taken from upon leaving the hospital, once for one hour! And they placed him in a foster home over a hour away from where I live. They wont let his father have him and they are trying to force him into the S.A.R.M.S. program. He doesn't even use drugs!
Yesterday I received a letter in the mail from my CPS worker. Notice of recommendation for a 366.26 hearing. In this notice it says that they will not be providing me with reunification services. Because I am not or did not reunify with my first child. That I have a chronic drug abuse problem of which I have made no effort to correct. NOT TRUE!!!! And that because I terminated my rights to my first son that gives them the right to take my second son from my and also take away my rights to get him back!!! They plan on terminating my parental rights and placing my son up for adoption at my next court date which is 2 weeks for now. How is this fare??? I've worked so hard to start over and turn my life around to have it all ripped away based on my past and false allegations. Please if anyone can give me any kind of help, advice, anything!!! I would greatly appreciate it.

Thank you.

[webspinner68]

Im sorry to hear about what you are going through! Did CPS send you out for a hair follicle drug test? Why weren't the police called if drugs were the issue? Are you being charged with any drug offense? Were you tested in the hospital after giving birth or when the hospital "found" drugs in the baby? I would think you could find the answer to the last question in your medical records. Im from Calif. too and my case was in San Benito County...contact me if you ever want to chat because I was treated the same for false accusations that I was a drug user.

[Dazeemay]

http://forum.fightcps.com/viewtopic.php?t=1618
Read the above link.

If you were taking meth you should have been arrested right there. I think the dr. looked your name up and saw the previous charges and decided on that basis.

Here is another link and pay close attention to this link and read it very carefully because I want you to put this in a form I am going to give to you.

http://forum.fightcps.com/viewtopic.php?t=4089

Now this next link is going to be put in the form too. It will show that a hospital cannot do this according to this case law.

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

According to the Adoption and Safe Families Act they cannot terminate your rights on the basis they claim they can.

Do you have a lawyer?

If you do he needs to file these forms for you; if you have a court appointed lawyer he will fight you on this the same as a paid lawyer. These two forms need to be given to the judge or filed before your hearing.

You need to have the petition they have filed against you and the letter. You need to have the documents that prove you finished the classes, etc.

This next link are the two forms you need to fill out.

You need to load them with your parental rights, caselaws, etc.

http://forum.fightcps.com/viewtopic.php?t=4274

Caselaws on your parental rights is the link below.

http://forum.fightcps.com/viewtopic.php?t=4194

You are going to have to do these forms. Some parents have won their children back by doing these filings.

The judge needs to see that you have done well. CPS always gives their side first and it does not allow for you to present your side right away. By the looks of this you need to do this because they need to proven wrong right away.

However, it is left up to the judge to decide and he is the last say.

[Shirley]

What meds were you given during your pregnancy/labor? Did they take any of that into account?

[Greegor]

Nikki:
After your past problems with CPS, why did
you let yourself fall into Meth?

On the PI site you claim you help with
recovering kids from CPS, and you
claim to have "won" but doesn't
the Meth charge destroy your
employment with a PI firm?