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outofmymnd
Posts: 2
Joined: Wed May 09, 2007 8:01 pm

NEW & LOST

Postby outofmymnd » Wed May 23, 2007 3:21 pm

Hello I would like to introduce myself and tell a little bit about my situation. First I will let you know that I have to admit I hate that I am here having to write this but have no choice. I am From another state and having to fight the Court Systems as well as CPS in the state of Texas. I took my Niece in when she was first born because CPS was called in cause my sister was using drugs while pregnant and now the baby tested positive for drugs as well. I stepped in and CPS closed the case because a relative took the child. I then did what I thought would be the right thing to do. I took the parents to court to get Temporary Custody of my niece the legal way. The judge granted me custody of the baby with further review to see if the parents would do what they were supposed to do. I had the child for 6 months in that time I provided everything the child needed. Medical, Clothing, Diapers, Food, you name it my spouse and I made sure she had what she needed. When then had to go to court for the final hearing. We stated to the judge that the parents never at any time helped with what the child needed, they rarley ever called to check on the baby. We also found out during that time that the baby had some major medical problems that needed attention so we made sure that she got everything she needed to get better physical as well as mentally. She was getting alot better. At the final hearing the judge stated that we did not show enough evidence to allow her to terminate the parents rights. BUT she also chose to place the child in CPS custody because she thought that this would be in the best interest for the child (HOW THE HECK?) The parents stated because we lived in another state it was to hard for them to see the child, so she said this would allow them the ability to see and bond with the child. Now mind you the parents both have other children that they do not have custody of and are allowed to see and live in the same town as them, yet they chose not to have anything to do with them. I do not understand where the parents have a right UNDER THESE CIRCUMSTANCES so know the child is under the care of CPS not getting the medical attention she needs which of course the CPS worker always states we are trying to get that done as fast as we can (BULL CRAP) they never even called her medical doctors once to see what she needed. So now here sits a precious innocent child who had everything she needed to thrive and get better and now she is just a Dollar sign, to CPS. When I try to talk to the case worker since I am still a possesory to her, he blows me off, he does not return my calls, I have no idea what is going on, he will not let me talk to the foster care parents and the child continues to regress in medical progress everyday that goes by. I am lost, I feel helpless and have no idea where to turn. I did everything I am supposed to do and even more and no one I mean NO ONE, wants to talk to me. DON'T I HAVE A RIGHT?> DOESN"T THE CHILD HAVE A RIGHT??? well I guess I am done venting for right now hopefully there is someone out there that can tell me where to turn for I have done all I know to do ....... If this message jumps from subject to subject or does not make a lot of sense please forgive me my thoughts are running faster in my head then my fingers can type and I am just mad as HELLLLLLLL thanks in advance.

snsanty
Posts: 93
Joined: Mon Apr 23, 2007 6:31 am
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Postby snsanty » Wed May 23, 2007 5:54 pm

Wow. That's terrible about your niece. Yep, CPS in ONLY IN IT FOR THE $! They profit about $3,000 a month for each kid they farm out to foster care. Some helpful websites are: http://www.dcrally2007.com/, which is a rally that is going to take place to show that the American people are fed up with government interference in thier lives. Another helpful website is AFRA, the American Family Rights Association. Do you have a lawyer? You need to also tape record or videotape ALL conversations/interactions with CPS because they have a tendency to 'distort' information. Hope this helps.
Injustice for all in Fremont County Colorado!

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed May 23, 2007 7:00 pm

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You can call the child abuse hotline.

I just read that in Virginia, when a call is received and the charge is against a social worker, then the court has to make a decision about which jurisdiction should investigate the case, in order for it to be fair. If social services investigates itself, then of course they will find nothing. So when making the report, mention that the perpetrator is a social worker so that the case is referred to the court. You may be able to call the court directly.

Since you live in another state, you may want to call your state's child abuse hotline and ask them how to handle it.

You could also call the state licensing agency which licenses social workers. Your caseworker may not be licensed but they have to be supervised by a licensed worker. So by default you can file a complaint against the head social worker for that locality.

One time we had a mother who came on this forum who moved here after Hurricane Katrina. She lived in a motel, and they took the children claiming she was a "flight risk." I don't know where she would flee to, since New Orleans was under water. She showed a picture of her son that she had taken on a visit, and he had a bruise on his face.

The local agency would do nothing, so I emailed the state licensing agency and filed a complaint against the head social worker for that locality, whoever it may be. The licensing agency emailed me back and said that the mother should call law enforcement. I posted this information, and we didn't hear from this mother any more. I don't know what happened in this case.

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mom2boys
Posts: 87
Joined: Tue Apr 24, 2007 6:04 pm
Location: west coast

Postby mom2boys » Wed May 23, 2007 9:15 pm

Hello, and glad you found this site. I found that those here are very supportive and the resources and willingness is somthing you dont see often.

I want to first tell you, As long as you fight for that little one, THERE IS HOPE. DONT GIVE UP, she/he needs you and your it! Take all your anger and fustration and put it to good use. Fight with everything you have, make those calls, get that meeting, make that contact, make SOME NOISE, and tape it if you can!!

I found an amazing network of support with advocacy groups (and Im not a foster parent)...I became their cause (wow)...you never know where you will find your angels. Spread the word, ask everyone you know if they know someone in the agency (you never know)...get your policy guide for the agency that has her fosterincarcerated and dig dig dig. They for sure are not acting in the best interest of this little one. Prove your side and hold them accountable for their part in this.

Im gonna see what I can find.~ :!:

florida999
Posts: 376
Joined: Sat Apr 08, 2006 11:22 pm

Postby florida999 » Sat May 26, 2007 12:36 pm

first off, it was very good of you to step in and try to do what you thought was best for your neice. I have to somwhat agree though that having the child in another state would make it difficult for the parents to see the child. i dont know the whole situation, but it would seem that you and your sister probably do not really get along if she would rather have her child in foster care then with you. that being said. it is probably best for the child to be placed somewhere unbiased. you asked if you have any rights-no you do not- you are not the parent. I know thts probably not what you wanted to hear, and of course it is just my opinion.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat May 26, 2007 6:10 pm

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I think relatives do have legal standing with the court.

After parental rights are terminated, the laws state that relatives no longer have legal standing with the children, such as when evaluating adoptive parents. But until that time, there are laws which require agencies to make reasonable efforts to place the children with relatives. In fact, many times children are placed with unsuitable relatives.

Agencies are also required to place children near the parents so they can visit. The 'relatives' requirement has to be balanced against the 'proximity' requirement, and I guess in this case the proximity requirement had the greater weight.

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florida999
Posts: 376
Joined: Sat Apr 08, 2006 11:22 pm

Postby florida999 » Sat May 26, 2007 6:22 pm

cps is supposed to place with relatives first if possible, and yes I agree that if parental rights are terminated I think that relatives are supposed to be considered first for adoptive placement. the courts will take into consideration the parents wishes when it comes to placement and will remove a child from relative placement at times. the parents should be able to have access to the child- so I would thin that the courts would place with a more local foster family before placing with an out of state relative. From this womans post it seems that the she took the initative to have the child placed with her. if she hadnt, the child probably would have been placed in foster care. the mother probably agreed at first, and for what ever reason decided she no longer wanted to have the child with her sister and asked for a closer placement i.e. fostercare.

florida999
Posts: 376
Joined: Sat Apr 08, 2006 11:22 pm

Postby florida999 » Sat May 26, 2007 6:26 pm

the reason they will not discuss this with you is because from thier stand point-your envolvment with this case is over, the child is no longer placed with you, and you are not the biological parent so from a legal standpoint it may be illegal to even give you any info due to privacy laws and such.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat May 26, 2007 8:20 pm

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Since you were the caregiver for a while, I have read that this gives a person more legal standing in a case, but I don't know where to find this in writing.

This is an example of VA law on how relative rights end after adoption. I am not sure how this relates to 'legal standing' between the time of termination of parental rights and the time of adoption.

http://leg1.state.va.us/cgi-bin/legp504 ... d+16.1-283

This is an example of VA law showing how relatives can come forward at the termination of parental rights hearing to seek custody. This same terminology is given when explaining some of the other court hearings.

http://leg1.state.va.us/cgi-bin/legp504 ... d+16.1-283

Here is the federal link on "placement decisions."

http://www.childwelfare.gov/outofhome/placement/

Here is a link on "interjurisdictional placement."

http://www.childwelfare.gov/outofhome/p ... tional.cfm

This might be useful terminology to know when doing research on the subject.

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