How could this happen?
Moderators: family_man, LindaJM
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
How could this happen?
Hey guys- my name is Jamie and I am a happily married 22 year old in Texas. I am currently in school working on my BS in math, and my husband is an av technician. We have a beautiful almost-2 year old girl who we put in a highly recommended daycare a year ago. Everything was fine, we were happy with the care, and morgan seemed happy which is most important to us. Then it all started to go wrong. Two weeks ago the daycare transferred her to the "2 year old room" as opposed the the one that she was in- the "one year old room". In this new room, there are 11 2year olds with one woman. I've already checked state regulations and this is the maximum amount of children allowed, but they have not violated any laws. After she was put in this room, she started coming home with bite marks and she was starting to bite us repeatedly. Now, I know this is a phase, but she has already been through it before. We just had to be vigilant and consistant about putting her in time out. The problem was that in this new class with 11 kids, they werent being vigilant about it. It finally got to the point 2 fridays ago that I had words with them. Not only were we having issues with biting, but in the middle of the night she had started reaching into her diaper and spreading poop on the wall, the crib and herself. Now, I don't know if ya'll have ever tried to get poop off of a wall, but I've scrubbed and scrubbed and it won't completely come off!! I found out when I talked to her old "teacher" that 2 kids on 2 different occasions in the new room had done the same thing- thats where she got it from. So friday when I got her home I was giving her a bath and I just looked at her, and the poor girl was covered in bites!! so I put my foot down and found a new sitter. I took her into the daycare monday morning, and gave my 2 weeks notice. Lo and behold, who shows up at our apartment the same day but a cps worker. Now, we are moving, so there was stuff pulled out all over the apartment- it was totally trashed b/c we've been going through stuff, and there was, of course, poop on the wall from little ms. morgan. They came in and took pictures of the house even though I told them what was going on, and I "voluntarily" gave up custody to my mother in law, temporarily. Not only have we just bought a house that needs a ton of work, but my mother in law's mother is in icu for the 2nd time this month, and my father has lymphoma, and has been given about 6 months. He can't be around morgan b/c of a low white blood cell count, so we are relying entirely on my mother-in-law who's mom is in the hospital. I've explained this to the investigator, but its already been a week and 2 days and he keeps saying family services will call us after he has concluded his investigation. How much of an investigation does it take to conclude that there were children's bite marks all over the girl and the only time she is exposed to children on a regular basis is at daycare? or that she had scrapes on her knees, elbows and cheeks because she is a 2 year old and was going to fast and tripped on the driveway at the new house? What can I do?? What shouldn't I do?
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
Oops- I left out part
We think that this was a preemptive strike on the daycare's part b/c when I took her in to give my 2 weeks notice I let them know how disgusted I was with what is going on. I alluded to filing a formal complaint (BIG MISTAKE!! I KNOW THAT NOW!) and If I'm being investigated by cps, then they can simply defend themselves by saying that I'm just trying to get them back for reporting me. Is that right?
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EducatingMyselfInFL1
- Posts: 40
- Joined: Wed Aug 16, 2006 6:13 am
I can't believe the ratios allowed in Texas.
http://www.daycare.com/texas/
The child- to- staff ratio is 13- to- 1 in daycare centers
for children ages 27 months to 3 years.
That is terrible. In Virginia it used to be 8- to- 1, and I think it was reduced to 6- to- 1.
There is an economic incentive to only meet the minimum standards, so people who want better quality have to pay more.
Here is the federal child welfare site
http://www.childwelfare.gov/
Here are the state laws and policies
http://www.childwelfare.gov/systemwide/ ... /index.cfm
http://www.daycare.com/texas/
The child- to- staff ratio is 13- to- 1 in daycare centers
for children ages 27 months to 3 years.
That is terrible. In Virginia it used to be 8- to- 1, and I think it was reduced to 6- to- 1.
There is an economic incentive to only meet the minimum standards, so people who want better quality have to pay more.
Here is the federal child welfare site
http://www.childwelfare.gov/
Here are the state laws and policies
http://www.childwelfare.gov/systemwide/ ... /index.cfm
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Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
Get a Lawyer. You need to move out and fix the house but keep it clean and orderly. That is if you want your Girl come back home. Was there a Protective or Removal order? The Daycare is trying to save theirs by reporting you. I am sure CPS will be investigating that Day Care too.
Most Investigations last up to 30 Days, but some can be up to 60-90 Days. You need to document everything now. Do you have the paper that states you gave them 2 weeks notice? That's important. Also did CPS Worker see the bite marks from the Girl? Obviously, she knows it is from the Day Care.
Cannot be from Home bec. no KIDS at home. I am sure they will investigate the DayCare for its supervision. She got many Bite marks which means there were lack of supervision there including poop marks all over there which brings the behavior home.
It is not easy. Daycare is trying to protect their butts by reporting you first rather having you report them. (that's why same day, their quick thinking). What you need is a Lawyer to get yourself out of this mess you are into.
Most Investigations last up to 30 Days, but some can be up to 60-90 Days. You need to document everything now. Do you have the paper that states you gave them 2 weeks notice? That's important. Also did CPS Worker see the bite marks from the Girl? Obviously, she knows it is from the Day Care.
Cannot be from Home bec. no KIDS at home. I am sure they will investigate the DayCare for its supervision. She got many Bite marks which means there were lack of supervision there including poop marks all over there which brings the behavior home.
It is not easy. Daycare is trying to protect their butts by reporting you first rather having you report them. (that's why same day, their quick thinking). What you need is a Lawyer to get yourself out of this mess you are into.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
thanks
Thanks guys for your help. I'm just so ticked off b/c I just found out that I never even had to let the guy into my home!! Of course, he told me otherwise, but if I'd known my rights from the beginning, this never would have happened!!
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EducatingMyselfInFL1
- Posts: 40
- Joined: Wed Aug 16, 2006 6:13 am
Re: thanks
[quote="spikelea831"]Thanks guys for your help. I'm just so ticked off b/c I just found out that I never even had to let the guy into my home!! Of course, he told me otherwise, but if I'd known my rights from the beginning, this never would have happened!![/quote]
True, but hindsight is 20/20. Please retain a good attorney TODAY and have him/her handle this from here on out. It's a clearcut case of retaliation. An attorney will make it clear to CPS that you mean business.
Also, if your attorney OK's it, I'd go to the police and make a report of malicious reporting against the daycare. You can certainly substantiate that claim, and they should be prosecuted.
True, but hindsight is 20/20. Please retain a good attorney TODAY and have him/her handle this from here on out. It's a clearcut case of retaliation. An attorney will make it clear to CPS that you mean business.
Also, if your attorney OK's it, I'd go to the police and make a report of malicious reporting against the daycare. You can certainly substantiate that claim, and they should be prosecuted.
If you voluntarily let your child stay with a relative, CPS will sit for months and do nothing, collecting administrative funding for "reasonable efforts." You have to nip this in the bud.
In my personal opinion, if you retrieve your child as soon as possible, then they would have nothing in court to show as "reasonable efforts" and could not collect funding for foster care.
The longer you cooperate, the more they have to show for 'reasonable efforts."
I am not a lawyer and this is not legal advice.
In my personal opinion, if you retrieve your child as soon as possible, then they would have nothing in court to show as "reasonable efforts" and could not collect funding for foster care.
The longer you cooperate, the more they have to show for 'reasonable efforts."
I am not a lawyer and this is not legal advice.
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Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
Here is Paul Stuckle, a Texan Lawyer, a good one, he fights against CPS. He even posted under Texas Board. Call him and see what your chances are. Usually Consultation is free under 30 minutes over the phone or meeting. But it varies from State to State. I believe he has his own Website. Check under Texas Board.
Keep in mind, that in order to take pictures of your home, the Caseworker was supposed to be granted permission from his Supervisor to OK'd it before taking pictures. Check Texas CPS Manual about taking Pictures. I bet you that he took pictures without permission. How can you get permission that fast?
Unless they did ask for permission BEFORE they came to your Door? If I were you, I would ask the Lawyer to request COMPLETE CPS CASE FILES INCLUDING PICTURES and have this release court ordered by a Judge. You will see APPALLING STATEMENTS FROM YOUR CASEWORKER< NOTHing but negative comments about you and your Family, your Home...nothing positive comes out of it. Especially if they are taking pictures and use it out of "context". They twist words anything you tell them. DO NOT TALK TO THEM anymore. Have your Lawyer speak to them.
Mr. Caseworker, here is my Lawyer Mr. ******, you can associate with my Lawyer and communicate with my Lawyer. If you have any concerns, or any questions, contact my Lawyer directly for further requestions. Include your Lawyer's name, Phone number and Address.
If the Caseworker wanted to set up a Meeting and discuss
"Case Plan" or "Service Plan", DO NOT SIGN IT, you DID NOT DO ANYTHING WRONG. Be sure to arrange for your Lawyer to attend this Meeting.
Also, have the Caseworker put the allegations in writing on Letter so you can consult with your Attorney. Did the Caseworker state what the allegations are when he came to your Door?
Neglect?
Physical Abuse?
Dirty house? Unsafe hazard home?
They are required to state its first allegations to you before further communicating with you and taking pictures. They have to EXPLAIN WHAT the allegations are to you and they CANNOT tell you WHO THE CALLER is. But you know who it is anyways.
There are procedures that Caseworker was supposed to follow, like Rules in CPS Manual and if you read the Texas CPS Manual, I bet you that this Caseworker had broken several rules. Find that out and use it against him.
For example, if he never explain the allegations to you, then you can quote the page number and clause of that rule in CPS Manual and write a letter to him and his Supervisor, stating that you were never explained what the allegations are.
or...
State the permission of taking pictures, from his Supervisor, was probably not granted. If your Case files show that there was no permission granted, then you can use that against them by writing a letter to Caseworker and cc. to his Supervisor and quote the page number and clause of CPS Manual Rules and Policies. Keep ALL COPIES IN YOUR FILES.
Your Lawyer will communicate with the Caseworker from now on. Since there are no Court Hearings, because you voluntarily placed your Child to your Relative. There will be imagined Offer of Case Plan or Service Plan. The Courts will never know about this. I would take my chances in Court. Investigation will continue until they will state their findings and tell you what the findings are. "Indicated, or unfounded, or founded, or substantined" They must tell you in the confirmation letter to you
before they can close the case out.
I would take my Chances in Court and not having to be branded an "Abuser" in the Abuse Registry. Since they don't have to go to Court, they will never know and you still will be branded regardless of what they think.
Keep in mind, that in order to take pictures of your home, the Caseworker was supposed to be granted permission from his Supervisor to OK'd it before taking pictures. Check Texas CPS Manual about taking Pictures. I bet you that he took pictures without permission. How can you get permission that fast?
Unless they did ask for permission BEFORE they came to your Door? If I were you, I would ask the Lawyer to request COMPLETE CPS CASE FILES INCLUDING PICTURES and have this release court ordered by a Judge. You will see APPALLING STATEMENTS FROM YOUR CASEWORKER< NOTHing but negative comments about you and your Family, your Home...nothing positive comes out of it. Especially if they are taking pictures and use it out of "context". They twist words anything you tell them. DO NOT TALK TO THEM anymore. Have your Lawyer speak to them.
Mr. Caseworker, here is my Lawyer Mr. ******, you can associate with my Lawyer and communicate with my Lawyer. If you have any concerns, or any questions, contact my Lawyer directly for further requestions. Include your Lawyer's name, Phone number and Address.
If the Caseworker wanted to set up a Meeting and discuss
"Case Plan" or "Service Plan", DO NOT SIGN IT, you DID NOT DO ANYTHING WRONG. Be sure to arrange for your Lawyer to attend this Meeting.
Also, have the Caseworker put the allegations in writing on Letter so you can consult with your Attorney. Did the Caseworker state what the allegations are when he came to your Door?
Neglect?
Physical Abuse?
Dirty house? Unsafe hazard home?
They are required to state its first allegations to you before further communicating with you and taking pictures. They have to EXPLAIN WHAT the allegations are to you and they CANNOT tell you WHO THE CALLER is. But you know who it is anyways.
There are procedures that Caseworker was supposed to follow, like Rules in CPS Manual and if you read the Texas CPS Manual, I bet you that this Caseworker had broken several rules. Find that out and use it against him.
For example, if he never explain the allegations to you, then you can quote the page number and clause of that rule in CPS Manual and write a letter to him and his Supervisor, stating that you were never explained what the allegations are.
or...
State the permission of taking pictures, from his Supervisor, was probably not granted. If your Case files show that there was no permission granted, then you can use that against them by writing a letter to Caseworker and cc. to his Supervisor and quote the page number and clause of CPS Manual Rules and Policies. Keep ALL COPIES IN YOUR FILES.
Your Lawyer will communicate with the Caseworker from now on. Since there are no Court Hearings, because you voluntarily placed your Child to your Relative. There will be imagined Offer of Case Plan or Service Plan. The Courts will never know about this. I would take my chances in Court. Investigation will continue until they will state their findings and tell you what the findings are. "Indicated, or unfounded, or founded, or substantined" They must tell you in the confirmation letter to you
before they can close the case out.
I would take my Chances in Court and not having to be branded an "Abuser" in the Abuse Registry. Since they don't have to go to Court, they will never know and you still will be branded regardless of what they think.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
Spike, so sorry that this has happened to you. My first question to you is did the day care fill out an ouch report? In my state anytime a child gets a cut, bite, scrape, etc. they must fill out some type of incident report. Those will help you in court. I also concur with the others get an attorney asap if not sooner. I also have a solution for the poop on the wall. It is called Magic Eraser made by that company with the Genie on the bottle. These work on crayon marks, permanent marker, pretty much everything you can think of. I buy them by the case. I would next get my move in order. Get the boxes organized and labeled and keep the floor vacumed as much as you can. I would then take photo's, for proof. I would also make sure you have copies of the documents on your new home to give to your lawyer along with the photo's. One of the posters mentioned if a child is placed with a relative it give CPS the right to drag their feet, this is true in my state also. Bite marks are normal on a 2 year old, if they are 2 year old bite marks. A sign of neglect on a 2 year old is lack of scrapped knees and elbows. It means the kids are not getting out and doing the fun things 2 year olds should be doing. I used to be a day care provider and I am currently a foster mom. I am Pro-Family and have always been and will always be. I Believe CPS was created to protect children, but in so many cases it turns in to an arena of vindictivness. There are children being abused each and every day, but in my opinion CPS spends more time making cases then handling the true abuse cases. I am sorry that you are having to go through this. My prayers are with you.
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
thanks!
Hey guys-
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!!
I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle 
) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!!
I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle ) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
thanks!
Hey guys-
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!! I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle ) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!!
I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle ) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
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spikelea831
- Posts: 6
- Joined: Mon Feb 12, 2007 12:01 pm
- Location: La Porte, TX
thanks!
Hey guys-
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!! I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle ) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
I appreciate the prayers along with the advice. I have found a lawyer through family connections who is experienced in this matter. Thank you for the advice on the poopy wall!!
I have another question for ya'll, though. My dad has been given 2 months to live (he has lymphoma- its been a long battle ) and his request is to have all of us together. I called my investigator and he said my dad could visit with morgan, but not at the same time with me. Is there something that could be done about this? This is pretty much a dying man's wish... ugh... I am so frustrated. I will definately take lots of pics for the lawyer when I meet with her, and am doing my best to get myself educated so I don't waste her time when I meet with her. general question here: my investigator seemed like a nice guy. Is this typical?? I went up there to give him some documents from the daycare that I had accidentally taken (they do incident reports there, and both copies are provided- I found I had a couple of days worth of reports in which I had taken both copies) I also called him yesterday (tues) and today. I actually spoke with him today. My goal is to continually come up with innocent questions about this process so that I can speed him along. He sounded annoyed when I spoke with him today, though, so I'm wondering if I should pester him further? I just want my daughter back!!! I am completely innocent!!
Another question (sorry, but ya'll are the only helpful resource I've found full of knowledgeable people) my husband is not being investigated. We think it is b/c I'm the one who alluded to making a report against the daycare, as well as I'm the one on the paperwork. I asked the investigator if at least he could visit morgan, but the guy responded with an emphatic "no!". Why? She keeps saying "I love you" to us, and asking about coming home (as much as a 2 year old can, but she says home which tells us what she wants...) I just want the best for her... to make her feel like this is all right. I am so afraid of causing trauma that will show up at a later date. What the heck? this is supposed to be for the good of the child, yet she is suffering from being away (she's not sleeping at night, and cries, whereas she was always a happy-go-lucky type of girl) I brought this up with the investigator but to no avail. what can I do to get through to him?? I'm fed up! It's been almost 2 weeks! It feels like eternity!
Your story, as with most on the boards, is evidence of why I call CPS "THE WORST CHILD ABUSERS IN THE WORLD". They hurt the precious little children they are supposed to protect. Even if the parents have issues, even if the home has issues it is the only mom and dad and home the children have ever known. To rip them away like they do and severe all contact like they do is cruel and unusual punishment and an obvious violation of the U.S. Constitution.
April is "Child Abuse Prevention" month. During April we should do all we possibly can to Prevent Child Abuse by stopping CPS' illegal and unconstitutional actions. They won't go away, we have to make them leave.
April is "Child Abuse Prevention" month. During April we should do all we possibly can to Prevent Child Abuse by stopping CPS' illegal and unconstitutional actions. They won't go away, we have to make them leave.
The two enemies of the people are criminals and the government, so let us tie the second down with the Constitution so the second will not become a legalized version of the first.
Thomas Jefferson
Thomas Jefferson
Ask the worker to tell you who has "legal custody" of your children. If you have legal custody, then you have the right to make decisions about your children.
http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm
You also have the right to family integrity, and a right to a hearing. Assert your rights.
http://www.childwelfare.gov/pubs/userma ... tertwo.cfm
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They are doing this for the funding. Don't enable them.
http://forum.fightcps.com/viewtopic.php ... highlight=
http://forum.fightcps.com/viewtopic.php?t=6317
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http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm
Legal custody refers to the legal right to make decisions about the children, such as where they live. Parents have legal custody of their children unless they voluntarily give custody to someone else (e.g., the parent is sent overseas) or a court takes this right away and gives it to someone else. For instance, a court may give legal custody to a relative or to a child welfare agency. Whoever has legal custody can enroll the children in school, give permission for medical care, and give other legal consents.
The same person does not necessarily have both physical and legal custody. For instance, as a grandparent, you may have physical custody of your grandchildren because they live with you, but their mother may still have legal custody or the State agency may have legal custody.
You also have the right to family integrity, and a right to a hearing. Assert your rights.
http://www.childwelfare.gov/pubs/userma ... tertwo.cfm
The Rights of Parents and Children in Child Maltreatment Cases
The court system accords both parents and children certain legal rights and entitlements, depending on the type of proceeding in which they are involved, including:
The right to family integrity;
The right to notice of the proceedings;
The right to a hearing;
The right to counsel;
The right to a jury trial;
The CAPTA requirement of a Guardian ad Litem or court-appointed special advocate;
The entitlement to reasonable efforts.
Parents and children must not only be informed of their rights, but they also must understand the protections those rights afford them. Court representatives and CPS caseworkers can educate families about their rights and help them feel empowered in an otherwise intimidating process.
The Right to Family Integrity
Public policy has long recognized a right to family integrity, and there has been ample case law defending that right. The legal framework regarding the parent-child relationship balances the rights and responsibilities among parent, child, and State, as guided by Federal statutes. It has long been recognized that parents have a fundamental liberty interest, protected by the Constitution, to raise their children as they choose. This parent-child relationship grants certain rights, duties, and obligations to both parent and child, including the responsibility of the parent to protect the child's safety and well-being. If a parent, however, is unable or unwilling to meet this responsibility, the State has the power and authority to take action to protect a child from significant harm.8
A series of U.S. Supreme Court cases have defined when it is constitutional for the State to intervene in family life.9 Although the Court has given parents great latitude in the upbringing and education of their children, it has held that the rights of parenthood and the family have limits and can be regulated in the interest of the public. The Court has further concluded that the State, as parens patriae, may restrict the parent's control by regulating or prohibiting the child's labor, by requiring school attendance, and by intervening in other ways to promote the child's well-being.10
In a recent case, the U.S. Supreme Court reaffirmed the right to family integrity in Troxel v. Granville when it said that parents' interest in the "care, custody, and control of their children is perhaps the oldest of fundamental liberty interests."11 In Troxel v. Granville, the U.S. Supreme Court reviewed a Washington State statute authorizing grandparent visitation. The Court decided that the statute unconstitutionally infringed on Granville's fundamental liberty interest in raising her children free from State interference. This fundamental interest extends to a family's right to remain together.
As discussed in the next chapter, CAPTA is one of the primary pieces of Federal legislation guiding casework (See Chapter 3, The Interplay Between Child Maltreatment Legislation and Caseworker Practice), and it supports the right of family integrity through community-based grants that aim to strengthen families. Of course, this right is not absolute. A compelling State interest, such as the need to protect children from significant harm, will justify infringement on the right to family integrity.
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The Entitlement to Reasonable Efforts
Except in certain aggravated circumstances, parents and children are entitled under the Adoption Assistance and Child Welfare Act (P.L. 96-272) and ASFA (P.L. 105-89) to have State agencies make reasonable efforts to keep them together, or if a child has been removed from the family, to make reasonable efforts to reunify the family.
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They are doing this for the funding. Don't enable them.
http://forum.fightcps.com/viewtopic.php ... highlight=
http://forum.fightcps.com/viewtopic.php?t=6317
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Frustrated
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Yes it is typical for Investigator/Caseworker to be nice then all of sudden nasty. That's part of their Jobs. They are full of tricks and acts like a Con Artist. Beware. Document everything.
Ask him If he can come and "watch" you and Child while visiting a dying Dad. Or have Third Party Witness to supervise with all of you. Why NOT?! ASK HIM> TELL HIM HERE IS A DYING MAN's WISHES TO SEE US TOGETHER. If he refused, then it just show cold hearted Worker. Plain and simple.
Ask him If he can come and "watch" you and Child while visiting a dying Dad. Or have Third Party Witness to supervise with all of you. Why NOT?! ASK HIM> TELL HIM HERE IS A DYING MAN's WISHES TO SEE US TOGETHER. If he refused, then it just show cold hearted Worker. Plain and simple.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
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