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royal_alez
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Postby royal_alez » Sun Apr 15, 2007 12:15 pm

Hi, I am 28 years old I have ( well had now) 3 daughters ages 7, 2 and 1. My boyfriends brother called the police and said I beat my daughters. None of it is true. And the police called CPS. Now I dont have them.
On Jan 27th 2007 he called the police. I couldnt prove I didnt hurt my daughter Alexandra who is 7. She fell off her bike and the handle bars hit her forehead. Since no one was around except for me there is no one to say thats what happened besides me.
So later than evening around 8 pm they took my girls away. The state of SC is trying to prosecute me and with that being said CPS said child abuse is indicated since they are going to prosecute me. I thought I was innocent until proven guilty not the other way around..
The police didnt even take pictures! If I hurt her why werent pictures taken?
I miss my girls. I need a lawyer to help me deal with CPS and the felon who called the police.

Dannan

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Postby Frustrated » Sun Apr 15, 2007 12:47 pm

Welcome to the Site:

I am so sorry about your unfortunate experience with them and had removed your girls based on one accident off the bike.
It is an unfortunate case, with nothing to prove?
That is really tough case to prove.
What you can do is first thing is to get a Lawyer Immediately so they can file for a motion to intervene forcing them to prove its case of Child Abuse, with EVIDENCE.

Second, did you take the girl to Emergency Room? any doctor? Anyone that can claim that she said she fell and hurt her head off the bike's handle bar?

Third, What did the Girl say to the Police and CPS? That's very important. What the Girl had said is important evidence of the whole Case! If they lied, and manuipluate the Case by "Lying" and said it is Child Abuse. Then it is harder for you to prove your Case with almost no Evidence.

I would suggest you to keep that Bike as an Evidence. If her Blood was on the handle bars, then you would have the Evidence. That is if you are prosecuted with a Criminal Charge in a Criminal Court, you would have to keep the bike and get it swapped for Evidence (DNA). I know this is extreme, but since you said you have no other Evidence, beside yourself.

No pictures of the Forehead? They are supposed to do that if they wanted to prosecute you. :roll: They should have photographed it. If they didn't then the Evidence has gone down the drain.

What about your Boyfriend's Brother? Is he an Eye witness then? What made him call the Police thinking that the mark on her forehead is Child Abuse? What made him do that? If you are prosecuted with a Criminal Charge in Criminal Court, you have to call this Eye Witness to the Stand asking him Questions. He may be the ONLY Eye Witness that knows what happened to your Daughter.

Like I said, Evidence are the most important things that can declare you innocent of its Charges. Get all the Evidence as much as you can. Emergency Records, Doctor Records, School Records if she went to School with the gash on her Forehead, Eye Witnesses Records, Police Records (BF's Brother called it in), etc...etc...everything and Your Lawyer will help you compile all of these Evidence to defend you for your Case.

Most likely it would be circumstantial Evidence, because they did not photograph your daughter, and probably did not get what your Daughter said. You need to request ALL CPS FILES/RECORDS to get the STATEMENT of what your Daughter said. That would be important Evidence you may have to exnoreate you from Criminal Charges.

Get a Lawyer immediately because the time is ticking. Where are your Girls at now? Whose's Custody?
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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Postby Marina » Sun Apr 15, 2007 3:29 pm

Learn all you can from this federal website:

http://www.childwelfare.gov/

and look up your state laws:

http://www.childwelfare.gov/systemwide/ ... /index.cfm

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royal_alez
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sorry so long

Postby royal_alez » Tue Apr 17, 2007 4:16 am

She wasnt taken to the hospital it was just a bump on her forehead. She told them that she fell off her bike. And she doesnt remember anything else. TO ask her Mommy and her Mommy could tell them anything else that happened.
The only person that took pictures was CPS and that was with her cell phone if you can believe that one. My boyfriends brother is a jerk. ITs simple really. He has never liked me and wanted me and my girls out. Here's an example of that. In the end of 2003 beginning of 2004 me and my boyfriend Robert were suppose to move in with his brother. His brother uses language which is inappropriate to use around my daughter. I asked him to stop and he told me its his F****** house and he will use whatever language he wanted to. So that didnt fair well. Another time he came home drunk and I asked him if he could keep it down as Alexandra was sleeping ( my oldest and only daughter at the time, was pregnant with Kayia ) anyways he told me that he should hit me and teach me who was boss in his house. I carried my daughter up to his moms house and that ended us living there. But his brother was suppose to be moving the trailor where he lived since there parents are moving. I was just waiting on my W2's to come so I could get a place for all of us. And he didnt want to wait anymore.. I guess.
He was an eyewitness to nothing. He was in bed the whole day with the exception of calling the police and telling them I beat all of my kids. Yet there were no marks on any of them except the bump on Alex's forhead..
I am being prosecuted. Child torture or something like that. I know his brother isnt a creditable witness. He's a felon he's been arreseted over 3 times for violence - domestic violence.
As far as the medical records CPS didnt look at any. I gave them a list of doctors the girls have seen since they were born. But they didnt look. They said it was am automatic indication once the state prosecuted me that child abuse was indicated. Not fair but I cant stop them.
My girls are with my boyfriends other brother.. oldest brother and his gf of over 10 years. They are safe and cared for there. Although I would rather them be with me. I cant take them from where they are CPS says. Not to even think of going where they are and get them.
I am trying to do what they want. I am in couseling for stress and taking parenting classes. But they wont tell me what I need to do to get my girls back. I have limited resources as I am not working. I dont know how I will be able to afford a lawyer to fight CPS.
My attorney said if I took them to court (CPS) I would win. They sent my boyfriend a letter saying child abuse was indicated in the investigation agaisnt him. They never told him he was being investigated. So I dont know how they could make a decison about that.




:roll:

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Postby Frustrated » Tue Apr 17, 2007 2:33 pm

That is a tough one. If the CPS knows all about this, they would say you failed to protect your Children at the Brother's house. They would use Domestic Violence against you, because you put the Kids in harms way. I am sure they know all about the Brother's record and he is being investigated too.

If you want the Children back, your Lawyer is right, your chances are higher if you bring CPS to Court. Without Court, they will make you jump all kind of hoops (Services) and you won't see your Children for a long, long time, possible from 6 months to a Year. Because most Services lasts up to 6 months.

Did you sign any Service Plan or Case plan with them? Check the Date of Expiry on it, it is on the front page. If the date expired, then after that you should get your Children back but CPS will make you do all kinds of things to prevent you having your Kids back. I would advise you to get documented proof of completion of these Services. If they are not promising you anything, then it is time to bring them to Court. Your Kids are worth more than anything else. Do it, before they will even suggest you do the Services all over again, which is another 6 months. :roll:
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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royal_alez
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Postby royal_alez » Wed Apr 18, 2007 4:21 am

They havent given me a time frame in which I get my daughters back. They havent even told me what services I need to do to get them back. I tried to get a lawyer thru legal aid and they said they dont do that.. Although why they wouldnt is beyond me. I will try to find a lawyer. Since CPS is keeping me in the dark.
And the only thing I signed was something that said I wont spank/ hit my girls while I am visiting them.
Is there a paper that her Aunt would need to sign? She is worried that she is going to be in trouble if she just releases them to me.
here is something else you might find funny.. well not really but .. I moved to NC - the whole thing is that SC is investigating me. I talked to NC and they told me I could get my girls back that SC closed the case and they didnt see why i couldnt get them back. So I called their Aunt and told her what they told me.. she called SC CPS and they told her that she wasnt to let me haev my girls back. I recieved a call from the case worker in SC saying that I wasnt going to threaten to take my girls back and disreguard what SC CPS was doing.. My question is how could they in the 1st place close my case with my daughters still in SC? So they reopened the case. THey also sent my boyfriend a letter stating he was indicated for Child abuse / neglect although no one ever talked to him and he lived in NC not SC when his brother called the police and lied to them.
They are making me crazy

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Postby InstantSoup » Wed Apr 18, 2007 5:46 am

Good luck to you - my prayers are with you.

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Postby Marina » Wed Apr 18, 2007 7:00 am

It sound to me like they are manipulating you, hoping you will remain ignorant.

This is the federal article on "Effective Documentation." This shows the process of what happens all along the way, and how they get parents to cooperate in order to generate funding for the local agencies.

http://www.childwelfare.gov/pubs/userma ... s/cpsl.cfm

You need to start writing up your own version of what is happening, based on this outline, to submit to the court at the right time.

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Postby Marina » Wed Apr 18, 2007 7:28 am

This explains what is going on when the agency persuades a parent to "voluntarily" place a child with a relative.

http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm

Having a child placed with a relative, without the case going to court first, generates funding for the local agency for as long as the parents agree to it, I suppose.

In this situation, the parent still has legal custody. But "legal custody" means that the parent has the legal authority to decide where the child can live. The Agency does not want parents to know this.

If a parent has not been to court yet, then I suppose there is no evidence that the parent does not still have legal custody, and cannot still legally make decisions about the child.

You need to clarify with the Agency who currently has "legal custody" of your child. If they claim that they do, then you need documentation to prove this.

If something happens to the child while it is with relatives, then I guarantee you 100% that the Agency will NOT take responsiblity for it. YOU will be held accountable for it. This is a reason to force the issue into court. Let the responsibility be on the head of a judge.

If the parent decides to go and get the child, and bring it home, then the caseworker may file a petition in court, the parent would have to be adjudicated or there would be a judgement that the child needs services, and then there would have to be a hearing on where the child is placed, and there would have to be a case plan.

If the parent suddenly goes and gets the child, under CPS Policy this creates a "Risk" situation, which justifies a court case, especially if the parent moves to another locality. But at least the parent gets to be heard in court and is usually assigned a lawyer.

On the other hand, the longer a child is placed with a relative under a Safety Plan, the better the case for the Agency in court.

Also, the longer a child is separated from being with both parents, the better the case for the Agency in court, because this generates entitlement funding for the Agency and the Court both, under Social Security Title IV federal laws.

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royal_alez
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Postby royal_alez » Wed Apr 18, 2007 10:09 pm

So what I am getting is that I could get my daughters if I wanted to and that the police couldnt do anything to me.. I didnt sign anything to say they could go to their Aunts house.. I let them go because the police and CPS were threatening to put them in foster care and split them up.
All that would happen is they would try to take me to court.. In which a lawyer would then be assigned to me. Sorry just trying to understand. I do truely want to go get my girls. I just dont think I could stand to be in jail again. ( was arrested and released w/ no bail.. the judge told me to take care of my daughters and there wouldnt be any money I would have to come up with to get out.)
I went to court Tuesday April 17th and the officers dismissed the case. Although I have to go to 4 months of counseling and have proof that the bills are being paid when they want to see it. As far as I know the officer was suppose to tell CPS the charges where dropped. ( which is why child abuse was indicated .. they said if the state took it to court than it was an automatic indication of Child abuse.. Can they do that? I thought it was suppose to be innocent until proven guilty.. ) I have one more parenting class and I will be done. I went to that on my own - no one has told me what I need to do in order to get my daughters back. I finally recieved a phone call Wednesday after calling them for over a week straight. But all they said was they dont know what I need to do and they will call me on friday and let me know since they have to meet with my and my boyfriend. I am tired of playing there games.
*shakes head* I am getting frustrated with all of them.

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Postby katgotsteve » Thu Apr 19, 2007 3:54 am

i am sorry to say this, but welcome to the world inwhich cps lives. they dont have to prove anything just make assumptions and ruin your life. basically they cant prove anything, but they can guess at it. i dont know about you, but my world is in the UNITED STATES OF AMERICA and i thought we had a constitution. well, our law makes in an effort to get reelected decided we need to get around that and now we have juvenile court and cps. oh what a combination! all i can say is educate yourself. 1. if they dont have a statement from your daughter confirming this, then they dont have a case. 2. if they interview your daughter more than twice, they are making her feel like she lieing and forcing her into a story, that is emotionally damaging for a child also. 3. if you were not put into handcuffs and carted off to jail and now out on bond, they arent going to do much to you as far as the criminal part of it. 4. please know that this sight will help to educate you.
once you educate yourself, you will force their hand. My grandmother had a saying, you either shit or get off the pot. well, once in a while you make dfacs (that is what is called in my state, georgia) get off the pot becuase most of the time they dont have shit against you. i dont normally cuss alot, but they pissed me off yesterday and i can cuss like a sailor when i am angry. hang in there and show them they are not dealing with an ignorant woman, that is what they expect, once you show them you have a little bit of sense they often back down.

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Postby Frustrated » Thu Apr 19, 2007 10:27 am

I got the same thing, I got the Criminal case dismissed and CPS had no choice but to close the Case. Yes they were pissed off and they can't do anything. But they came back for new allegations several months later. :roll: I had my children in my custody though.

If your Case is DISMISSED IN COURT, and they say you must complete counselling in 4 months, then you should get your girls back now. Because the Case is DISMISSED. They can't just hold your girls based on that. You should be getting your girls back while you do your Counselling. Call them and say the case is dismissed in court, and ask for the girls be placed back in your custody. What are they waiting for? CASE IS DISMISSED. What are they holding your girls for then? something else?

Did the Judge say you can get your Girls back? Find that out.
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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Postby Marina » Thu Apr 19, 2007 12:29 pm

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You could be thrown in jail for parental kidnapping, even though you still have legal custody. That would be one extreme. A case like that was on Dr. Phil last week, and the woman is in jail for 6 years. Dr. Phil said he didn't think that was right.

I think others have said to go about it in this way:

Ask CPS a thousand questions and document everything. Make sure you know all your state policies backwards and forwards.
Then some have suggested a parent ask CPS for a court date or else they are going to pick up their child. Send this notice using certified mail. A parent needs an armload of documented evidence, including correspondence, emails, phone calls, etc. in order to pull this off. Even then, things could drag on and on. A parent could get a caseplan, lying caseworkers, a lawyer who does nothing, a bad judge, etc.

Others may have similar experiences to share, but I am not sure of all of them.

There are no right answers in these situations.

I am not a lawyer. This is not legal advice.
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Postby Frustrated » Thu Apr 19, 2007 1:07 pm

I agree, get everything on paper and get it documented.
Ask CPS, and write a letter too asking about Custody of your Girls
And then mention that the Case is dismissed in Court in the Letter and include the date when it was dismissed.
Then ask when you are getting the girls back.
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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royal_alez
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Postby royal_alez » Thu Apr 19, 2007 4:11 pm

the officer dismissed the case it didnt even go before the judge.. THe officer said he would contact and let them know the police dropped the charges.
CPS still wont talk to me other than to say they dont know what type of safety plan I need to do yet.

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Postby Frustrated » Thu Apr 19, 2007 4:33 pm

Get that Officer's name just in case it all comes back to you, and you can use the Officer's name and maybe try get his account saying it is dismissed. You need document proof that it is dismissed.

CPS don't know what to do with you? They are thinking alright. :roll: They will make up something else as they go along. Possibly another new allegations to go with it. :roll: They know fully well they have nothing jack. And yet they still holding your girls hostage. Why?

Do you still have a Lawyer?
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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Postby Marina » Thu Apr 19, 2007 4:53 pm

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I talked to NC and they told me I could get my girls back that SC closed the case and they didnt see why i couldnt get them back.


Do you have this in writing? If not, get it in writing.

Then you can make the next decision based on this.

Be careful, though, NC could be lying just to get you in trouble so they can open a case against you in that state.
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Marina
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Postby Marina » Thu Apr 19, 2007 8:15 pm

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One thing to consider is that the Agency can accuse a parent of abandoning a child when the parent allows the Agency to place the child with a relative without the proper procedures.

Another thing to look into is whether the school has been given any documentation to show that the parent is not allowed to pick up the child from school.

There was a case on this forum where the child was placed with an abusive father who had never been involved in the child's life. She was frantic. She looked into the issue of who had legal custody, and visited her son at school, where she found out he was being mistreated at his Dad's.

She tried to pick up her child from school, the agency intervened, and then she finally got a court date real quickly and a lawyer. The Agency then listed the Date of Removal of the Child as the court date, whereas the child had been removed some weeks earlier. The Agency denied removing the child earlier, and took no responsibility for it. The caseworker was new and the state's attorney had to tell her what to do. The judge then ordered the child to be with the abusive father, where the Agency had placed him already.

But it was to her benefit to nip this in the bud and take action, because she got a lawyer, a case plan, and the Agency didn't have much of a case because there was no Safety Plan, Prevention Services, etc. They were going to keep her in the dark until something bad happened at the Father's, then probably blame her for Failure to Protect and abandonment.

This all started because she reported that someone had abused her child.

Notice that it is the COURT that orders removal.

Here are the S.C. laws on Case Planning.

http://www.childwelfare.gov/systemwide/ ... ingall.pdf

page 48, 49

South Carolina

When Case Plans Are Required

Ann. Laws §§ 20-7-762; 20-7-764

Upon a finding that the child shall remain in the home and that protective services shall continue, a treatment
plan must be prepared that is designed to alleviate any danger to the child and to aid the parents so that the
child will not be endangered in the future.

If the court orders that a child be removed from the custody of the parent or guardian, the court must
approve a placement plan.

A plan must be presented to the court for its approval at the removal hearing or within 10 days after the
removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on
the plan if requested by a party.



Who May Participate in the Case Planning Process

Ann. Laws §§ 20-7-762; 20-7-764

The plan must be prepared by the department.
To the extent possible, the plan must be prepared with the participation of the parents or guardian of the
child, the child, and any other agency or individual that will be required to provide services in order to implement
the plan.

Contents of a Case Plan

Ann. Laws §§ 20-7-762; 20-7-764

The treatment plan shall detail any changes in parental behavior or home conditions that must be made and any
services that will be provided to the family to ensure, to the greatest extent possible, that the child will not be
endangered.
The placement plan shall include, but is not limited to:
The specific reasons for removal of the child from the custody of the parent or guardian and the changes that
must be made before the child may be returned
The specific actions to be taken by the parents or guardian of the child to accomplish the changes needed
Other conditions in the home that warrant State intervention, but would not alone have been sufficient to
warrant removal, and the changes that must be made in order to terminate intervention
The social and other services to be provided or made available to the parents, guardian, or other relevant
adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the
minimum number and frequency of contacts a caseworker with the department must have with the child while
in foster care
The financial responsibilities and obligations, if any, of the parents or guardian for the support of the child
during the placement
The visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the
placement
The nature and location of the placement of the child unless it is determined that disclosure of the location of
the placement to the parents, guardian, or any other person would be contrary to the best interest of the child
The social and other supportive services to be provided to the child and the foster parents, including counseling
or other services to assist the child in dealing with the effects of separation from the child’s home and family
If the parents or guardian were not involved in the development of the plan, the nature of the agency’s efforts
to secure parental participation
Notice to the parents or guardians that failure to substantially accomplish the objectives stated in the plan
within the timeframes provided may result in termination of parental rights
A clear statement of the conditions necessary to bring about return of the child and the reasonable efforts
that will be made by the department to reunite the child with the child’s family
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Postby Marina » Thu Apr 19, 2007 8:21 pm

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Overview of Out-of-Home Care

http://www.childwelfare.gov/outofhome/overview.cfm

Before a decision is made to remove a child, child welfare staff must make reasonable efforts to safely maintain children with their families, including providing necessary supports and services. These services are often called family preservation or in-home services and are provided by child protective services staff, community agencies, or both.

Courts must approve all decisions to remove children from their homes to ensure reasonable efforts were made.

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royal_alez
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Postby royal_alez » Fri Apr 20, 2007 9:33 am

Today I talked with the supervisor.. he said he knew I was taking parenting classes and was almost finished ( I have 1 more class to attend and I will be done..) but now he wants me to be in counseling and do anger management classes. I don't need anger management classes until I talked to that guy. I called CPS (DSS in NC) and they gave me the number to some place that offers anger management. She said they will do an evaluate me and see if I need those services. If they feel I dont need them I wont have to take them. What I fear is that CPS in SC will not care what they say and will want me to attend them anyways. I brought up that concern with DSS in NC and the case worker there said that they shouldnt. The place where they have refered me to they are the experts there.
I am in the process of getting a lawyer. I need one that can do SC law so i have to look for one that I think would work. As I told DSS in NC - SC is causing emotional abuse for my daughters they dont understand why they cant come home with me and why they only see me 1 day a week if that.

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Postby Frustrated » Fri Apr 20, 2007 12:56 pm

You have been babblegoodled. Now they are making you jumping through hoops. If I can remember that you mentioned that they ordered you to take 4 months of Counselling and that's it. That's what you should follow. I don't think you mentioned any case plans or servie plan and signed them. If you did not sign any Service Plan, then you don't have to do all those "jumping through hoops" kinds of Services. I wouldn't do that if I were you. That alone will bind with CPS for a long, long time coming.
Get a Lawyer and see what the Lawyer can get you off with and you can stick with that one. :wink: The Lawyer can work to get your girls back home. CPS Supervisor is playing games with you.

I wouldn't play games with these people, I am done with it. I would rather have it court ordered than having my rear end attached to them.
Contact your Lawyer on Monday and get something done.
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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royal_alez
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Postby royal_alez » Sat Apr 21, 2007 3:53 am

The thing with Cps is I never signed anything other than a release of medical records and a safety plan that stated while I was visiting my girls I wouldnt spank them.
I told the CPS supervisor that I never signed any paperwork to give up my daughters. I only let my daughters go with their aunt since I was being threatened that they were going to be taken away and put into foster care and split up. He said we can sign papers and back date it.. I am not doing that.
When I went to DSS (CPS) I waited from around 11:30 am to 5 pm to talk to someone about putting together whatever they had to do in order for me to start what they want.. Basically jump thru the hoops like a circus animal. I was told no one could talk to me since the person that was on my case had my file! And she had left to I guess take someone else's kid.
Finally someone came and talked to me and said she thought they would recommend parenting classes ( and since I am already in counseling that should help me out some.. I go see a pastor for counseling since otherwise I would have to pay and I dont have the money for that.) But anyways she said thats all she could think of that I would need and to fax proof of the counseling to them.
Now what I got was that basically that wasnt good enough for them they want me to have her fax her credintals to them. And they want to be able to look at everything we have talked about. They want me to sign something that says its ok for her to tell them anything and everythign they want to know.
I dont think that is something they want to do. Because I have told her exactly the same thing that I have told you all and CPS sucks. Which they do. They are hurting my girls not me.
The 4 months of counseling is what the officer wants me to do - with the case being dismissed right now if I dont do it he can open it back up in four months time. IF I dont go to counseling and have all my receipts for my bills. Officer Hamrick was his name.
As far as I know there arent any papers for me to sign about doing any services. So the parenting class I did was because of me and not something they actually made me sign so I could attend it. I just want this over and done with. Soon enough they will be sued and they will lose. Anything and everything that is won will go to my daughters since its them they are hurting.

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Postby Marina » Sat Apr 21, 2007 6:17 am

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Who is this Officer Hamrick? Is he with the police dept? Did you go to regular court where the Court ordered services? Do you have a written court order for participation in Services, or did the Officer just tell you something verbally? If the Court ordered you to do Counseling, etc, then they have to pay for it or state on the Order who is to pay for it.

Did you get a copy of the Safety Plan from CPS? If so, did it state on there that the child had to go live with someone else? If not, when it goes to court CPS may deny that they removed the child. CPS cannot legallly remove a child without Reasonable Efforts to keep the child at home while providing Services to the parents. It is considered Social Security Medicaid Fraud. They will claim parent abandoned the child. This happend to my friend some years ago. There needs to be a court order.

If Social Services does not have legal custody of a child, then they cannot legally Place a child with someone else without a court order. They have to rely on the parent's consent to do it voluntarily. If a parent does not voluntarily consent for someone else to care for their child and there is no court order, then that is called kidnapping, which is a federal offense. A parent can report it to the police so they have a record of it. In the police report, a parent can state that they did not voluntarily consent to have their child removed, the child was removed under threats and coercion, false information and belief.

I have never heard of a Safety Plan working for anybody on this forum, where the parent complied with services and the children either stayed at home or were returned home. Every single time things just got worse and worse, as far as it seems to me.

Here is a link to a sample form to Rescind Signature, for parents who would like to do this. In your situation I suppose you would address it to the Agency

http://www.fightcps.com/oldsite/legaldo ... indsig.txt

This article explains what is happening when CPS tries to find out everything about a parent and then uses it against them.

http://www.fdno.org/10_tips.html

This whole website is good.

http://www.fdno.org/

I am not a lawyer, this is not legal advice.
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royal_alez
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Postby royal_alez » Sat Apr 21, 2007 7:22 am

Officer Hamrick is with the sheriffs department in York, SC. (the arresting officer on the case..) Court was scheduled for April 17th at 10 am. Instead of talking to the judge my lawyer talked with the officer as he stated before he would drop the charges against me if I could show him proof I have been in counseling and proof that my boyfriend Robert is working and that we have a place to live and have room for the girls to live with us. On Tuesday he told me that he ( officer Hamrick) wanted me to continue counseling and have proof that the bills are being paid. Show stablity I guess.
I have never actually talked to anyone judge wise who removed my daughters from my care. The Officers that come to the house on Jan 27th said they could take the girls from me - and were going to that night.. I didnt know what to do I knew I couldnt let them go into foster care and be split up..
CPS said I have legal custofy of the girls. And once I do the anger management classes I can get them back. I dont believe them at all. Everything they have done up to this point is lie to me and on paperwork. I do understand the purpose is to actually protect children from being hurt. It just sucks when they listen to people that are lying to them.
CPS never tried to have the girls with me. I was investigated before in TX by CPS and it was unfounded. I showed proof to SC CPS and after that they just wanted to take the girls from me. Even though it clearly stated in the paperwork I gave them that allegations against me where unfounded. CPS in TX was wonderful. I know they all have there flaws and some more than others. They saw that the person was lying and left me and my daughters alone. They were feed and well taken care of.
It seems like with SC nothing I do is good enough for them. The charges are dropped but child abuse is still indicated even though they used the charges against me as an indication for child abuse. While the whole time saying it was 2 different investigatinns what happened in one didnt mean it would happen in the other. They lied to me. They lied to my criminal lawyer too.
Its going to suck when they are taken to court and my criminal lawyer goes to court on my side.. as proof of everything that they lied about.
At 1st they were like get a place and your daughters can move in with you.. that was a lie. They even told my lawyer that. Now they wont talk to him and refer him to their lawyer who convently doesn't return calls and his mailbox is full so no one can leave him a voice mail. Even asking his secretary to give him a message doesn't result in a phone call back. :roll:

Marina
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Postby Marina » Sat Apr 21, 2007 7:50 am

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Here is a federal lawsuit or "Compaint" which shows how CPS workers coerce parents into cooperation when CPS has no legal authority to make decisions.

http://www.cir-usa.org/legal_docs/muell ... amcplt.pdf

page 3

6. Alternatively, upon information and belief, defendant ... acted under color of state law by conspiring with state officials to take actions that constituted a deprivation of plaintiffs' constitutional rights.

8... are the natural parents of, and have custody of their sons...

page 5

13... did not consent to the administration of antibiotics

15. (Mother's) decision... was reasonable under the circumstances, and well within her prerogative as parent...

(the baby) ... was not in any imminent danger...

Each of the defendants knew or should have known that (Mother's) judgment was reasonable.

17. Unbeknownst to (parent), defendant ... had called Child Protective Services ("CPS") ... and was planning to enforce hospital protocol without her permission.

page 6

18. ...defendant ... advised (mother) that, although she was not being accused of child abuse, she was endangering her child by ...
(Mother) attempted to explain to him her reasoning for ... and her view regarding .... Defendant ... then threatened to declare (child) in imminent danger despite the fact that he knew (or should have known) that she was not.

19. ...defendant ... subsequently kept (baby) and refused to return her.

21. Neither defendant ... nor anyone else at (hospital) nor anyone associated with CPS nor any of the City Defendants attempted to contact, or did contact, (father) before they interfered with his rights of parental custody.

22. Detective ... then stepped in front of (mother) preventing her access to the telephone and shoved a form "Notice to the Court" ... into her mid-section stating that the child had been seized and removed to a shelter.

(Mother) turned around to see her child being taken away by defendant ..., and she was dragged protesting down the hall by two police officers ...

23. Although the Notice to the Court under ... Code ... is supposed to inform the Court of the place to which the child is being taken, the Notice given to (Mother) did not.

page 7

24. In fact, (baby) was not taken to a shelter much less "removed" to anywhere, as the Notice stated. Rather, she was kept in the hospital and forced to undergo medical procedures to which her mother had objected. The statute under which Detective ... purported to act ... does not authorize transfer of legal custody to the state nor does it authorize the state to make medical decisions for a minor. Because (baby) was not in any serious danger, it also did not authorize (baby's) seizure.

25. While there is a provision of ... state law that permits a court to order emergency medical treatment of a child... no effort was made to comply with that provision. Each of the defendants in this case deliberately avoided using that provision because it would have required them to justify their illegal actions before a court.

26. Defendant ... did not have a reasonable belief that (Mother's) and/or (father's) legal guardianship of (baby) had been properly taken away.

page 8

27. (Mother) demanded that her baby, a nursing infant, be returned to her. She repeatedly asked to use the telephone to call her husband..., and was continually denied the use of the telephone by the police officers. Instead, the police officers threatened to handcuff her. ... invited her to leave and asked her when she was going to go home. She repeatedly stated and explained to the officers that she could not possibly leave her baby.

28. ... a social worker ... arrived with the Department Consent Form.
(Mother) questioned her regarding the need for consent to anything, since they had already taken her daughter. At this point, (Officer) told (social worker) to leave. Then defendant ... told (Mother) that the consent had to do with her Court date. When (Mother) asked defendant ... to have the social worker return with the form so she could look it over, defendant ... would not allow defendant ... to return, saying to (Mother): "No, ... During this time defendant ... repeatedly threatened to handcuff and jail (Mother) for being emotional and for trying to use the telephone. She was physically and verbally bullied by defendant ... Again, the police officers asked her if she planned to leave the hospital and she reiterated that she refused to leave her child.

29. Defendant ... administered antibiotics ... without (mother's or father's) consent. Administering steroids was not standard hospital protocol and no one had previously asked (mother or father) for consent to administer steroids to (child).

30. ... the on-call social worker... consulted with defendant ... After consulting with ..., (social worker) signed two medical consent forms in defendant ... name:
(1) a Department of Health and Welfare "consent for medical surgical treatment," which defendant ... witnessed and (2) ...hospital "medical center consent." Neither ... nor (social worker) had authority to sign such forms because the state had never obtained legal custody of (child). Following these consents, defendant (doctor) performed a spinal tap on (child)...

page 9

33. The next day, defendant ... tried to get (mother) to consent to the procedures that had been performed the previous night.

34. Upon information and belief, defendants ... are supervisors within CPS, and authorized the acts of defendants ...

35. (Parents) were forced to retain an attorney to regain the custody of (child) ... The neglect case against the (parents) was dismissed.

page 10

36. Upon information and belief, defendants conspired together, ... to achieve the goal of illegally depriving the (parents) of custody of (child) in order to perform an unauthorized and invasive medical procedure on her, to prevent the (parents) from interfering with that procedure, and to induce them to consent to this illegal conduct after the fact. Each of the defendants took or authorized acts, as described above, to effect the goal of the conspiracy.

37. Each of the defendants aided and abetted the other defendants in performing the illegal and tortious acts described.

page 13

54. The ... Department ...Welfare's policy, ... is to take custody of children away from their parents without legal authority and under circumstances and conditions that violate those parents' constitutional rights because the deprivation is effected without court order in the absence of imminent harm.
The City ...assists the Department's employees in effecting this policy ...

57. ...Code permits the removal of a child from his or her custodian without court order. That section is unconstitutional, and has been applied in an unconstitutional manner, because it does not require authorization of a court for removal where time reasonably permits, in violation of the due process clause of Fourteenth Amendment of the United States Constitution.


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