New to all of this in Virginia, seeking help please...

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momoftwo79
Posts: 15
Joined: Tue Jul 22, 2008 2:40 am

New to all of this in Virginia, seeking help please...

Postby momoftwo79 » Mon Aug 04, 2008 9:14 am

My name is Ann and I had my two children taken from me after I dialed 911 because I thought someone broke into my house since there have been home burgularies in our neighborhood and my husband was out of the country. I was in the process of moving, with a 14 foot moving truck parked in front of my house, so my house was a mess and I told the dispatcher that, but they said it wouldn't be a problem.

It did end up being a problem. The cops showed up and didn't find anyone, but said since there are things on the floor it was a safety violation. I offered to pick items up from the floor but they said I could not enter my own home nor pick my things up since they were now doing an investigation. They called the fire department as well as zoning as well as every other agency in the world it seems, who confirmed it was a safety violation and told me that my smoke alarm isn't working, which is another safety violation as well as a criminal offense, so they condemned my house, took my pets away, and took my kids away. My kids are my two year old son, Alex, and my breastfeeding baby girl, Victoria.

I have done everything they have asked including a mental health assessment which included taking my urine and blood. What made me mad is when we went to court for the first hearing to try to get my kids back, they would not recognize the mental health assessment that I took since the CPS worker sent me to one that isn't authorized by the court. Now I have to take a psych exam too, that is paid by CPS, so I am very weary about it all.

My husband and I dismissed our court appointed lawyers and we found one that was expensive, but practiced for 40 years, so we thought we would get our kids back for sure. Instead he made the judge mad by taking us all to another room so that the judge was calling for us for over 90 minutes, and when the judge asked where we have been, he told the judge "Hiding" which infuriated the judge. He also said there was no agreement even though we told everyone we'd agree to anything as long as we get our kids back. Needless to say, we dismissed that lawyer for misrepresenting us and we are now looking for a good and reputable lawyer in the Fairfax County, Virginia area. We are open to any recommendations, suggestions, ideas, referrals, or anything. We just want our kids back.

No one ever complained about us, I just made the mistake of calling 911 when my house wasn't perfect. I just want to warn others to be careful when they call 911. Make sure your house is pristine and perfect, because once you let them in, you might not be able to get them out easily. I had told the 911 dispatcher I don't care if someone steals everything in the house, I just want to get my two little ones out safely. In the end, I was robbed of all things precious and priceless to me - our kids, our pets, our home.

We emptied out our house and scrubbed it down completely and put new batteries in the smoke detector. The zoning inspector came by and inspected it from top to bottom, and it passed so the house is no longer condemned.

We finally got to see our kids for the first time 10 days after they took them away and it broke our hearts. It took them a little while to remember who we were even though we have never been apart until now. The foster care person even admit that my baby girl had an upset stomach and got sick after they took her from me since they had her stop breastfeeding immediately and forced her to take cow's milk.

We just miss and love our kids so much and we don't want to miss another day. Victoria had just taken her first steps the day before they took her away. My husband missed them since he was out of the country though he just got back. When we saw her for the visitation, she was walking. We missed so much in 10 days, we don't want to miss anything else, not another day if we can help it.

Please, please any help would be greatly appreciated. We are willing to pay for the right lawyer that can bring our babies back to us. Thank you very much for taking the time to read our story.

Trisha G
Posts: 124
Joined: Sat Jan 13, 2007 7:30 pm

Postby Trisha G » Mon Aug 04, 2008 9:47 am

Keep on your caseworker to get her to come look at the house. Once they have your kids they're in no hurry to do anything but drag your case out. The mental health evaluation only holds so much weight. If they force your local mental health agency on you cooperate, but don't trust them. When an evaluation was ordered on us the result wasn't very positive. It didn't matter because the social workers at mental health basically told the judge the psychologist was wrong.I hope all of that goes as well for you.
You were right to fire the lawyer, and you should file complaints against him. However, be very careful of agreeing to anything to get the kids back, CPS will use that to keep you jumping through hoops.
Also, I don't think they can legally condem a house on just non working smoke detectors and trip hazards on the floor. If they didn't take you to court it wasn't legally condemed. If there was no yellow catuin ribbons around the house or a notice from the health department posted in the window or on the door it wasn't legally condemed. When you find a good lawyer see if he'll push those points in court. If the judge is fair then he'll consider those things as well as whatever lies CPS have to say.

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

Postby Marina » Mon Aug 04, 2008 11:28 am

This is outrageous!

Call or email the governor's wife. She has her own website and is a child advocate. She was a juvenile judge.

The governor recently signed legislation helping foster children who are aging out of the system.

MaggieC

Postby MaggieC » Mon Aug 04, 2008 4:39 pm

You might want to look to Law School law clinics in your area. Some law prof and his students may have designated this fight of fit parents against CPS as their passion.

Gather all the official people in your children's lives; clergy, nursery school teacher, family doctors and alert them to what is going on.

Try to get a hold of the VA CPS manual to be certain that the agency is following procedure and read the statutes of your state (Marina is excellent at tracking down code and statute).

Do contact the Governor's wife, your state's senator and your members of Congress.

KEEP A JOURNAL. This is key. Enter something in the journal every day. A detailed journal carries weight in court, perhaps not at the lower court level but I have seen it make all the difference in appeals.

By keeping the journal and entering items such as:

Mon Aug 4, CPS was to call. They did not. I, __________, placed a call to my caseworker.

Tues Aug 5, no return call received from CPS. I, ________________, placed an add'l call.

Etc.
A journal can prove the negative often.

Try to make all phone calls that are easily trackable such as using your cell phone. Great evidence as it normally records all outgoing as well as incoming calls.

If CPS has "contracted" a service plan with you and they are not holding up their end of the bargain-go to your state's Inspector General to complain.

Also, try to think about whatever other reason they may not be doing their job;

Is it your religion?

Do you have a disability?

Reach out to organized groups in these areas that may be able to help you fight the good fight.

From what I have read and researched, CPS does not follow the US Constitution-the 14th, 4th, 5th, and 6th ammendments are kaput to them. Some social workers have said that these laws do not apply to CPS. Some CPS workers somehow do not realize that the US Constitution IS the law of the land.

If they are persecuting you on the basis of religion, creed, disability, then use the Federal Laws protecting same to combat them.

I hope this all has made some sense. I am just so very angry that these injustices happen at all and I have probably rambled on some. Hang in there.

Maggie

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

Postby Marina » Mon Aug 04, 2008 4:54 pm

Here are the state laws.

I recently read that parents can hire their own attorneys for their children. Most people would not have that option, but it may be something worth looking into.

I assume the children are in foster care? How are the visitations going?

MaggieC

Postby MaggieC » Mon Aug 04, 2008 5:56 pm

Yes, an attorney hired for the children is different from a GAL appointed by the court. A GAL is a GUARDIAN- an assumption by the court that the children need a guardian other than their fit parents. An ultimate affront. Read Troxel-USSC 2000

But hiring an attorney for the children is tricky and the courts do not like it -BUT it has been done and is worth looking into.

Use the Law -
(thanks, Marina!)

Maggie

"....we shall fight on the beaches,
we shall fight on the landing grounds,
we shall fight in the fields and in the streets,
we shall fight in the hills;
we shall never surrender."

Winston Churchill

momoftwo79
Posts: 15
Joined: Tue Jul 22, 2008 2:40 am

Thanks for all the replies...

Postby momoftwo79 » Tue Aug 05, 2008 4:47 am

Thank you everyone for all of your replies!

Yes, the kids are still in foster care even though we've complied with everything they've asked except we're still waiting to find out when we take the psych eval. The social worker said we can do everything they ask, but they can't give us back our kids. She said it's up to the courts to decide, so I'm trying to do everything I can to find a good lawyer and have the courts award us custody of our kids.

CPS said it was child neglect since the house we lived in got condemned (because the egress was not clear/stuff on floor and the smoke alarms weren't working)after I called 911 to report the possible break-in. What I don't get is why we can't get our kids back now that the house is no longer condemned? We had the house pretty much completely emptied out in four days after they took the kids away, thinking we'd get the kids back, but nope, still no kids.

We're just so frustrated, we keep jumping through all of their hoops, hoping to get our kids back, and nothing. Our kids have been gone for 16 long days, which is like an eternity for us, and we've only had one visitation for one hour last Thursday/July 31. The next one is going to be Friday/Aug 8. I'm worried they're trying to break the bond between us and the kids so they can adopt them out since they're still so young. Any help is greatly appreciated and thanks again everyone for all of your advice, I will definitely take them up!

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

Postby Marina » Tue Aug 05, 2008 4:11 pm

The major appeals issues are: evidence, laws, and due process. Keep a folder for each one.

momoftwo79
Posts: 15
Joined: Tue Jul 22, 2008 2:40 am

Update on our case - Happy Ending! :)

Postby momoftwo79 » Fri Sep 19, 2008 8:56 pm

I just want to update you guys on what's going on recently.

First I want to thank everyone for their replies, they certainly helped! Keeping a journal is so important, and every time they refuse you something or if something happens, write it down. Little things add up. This way you remember everything that happens and can give accurate dates. That gives you more confidence when you answer your questions instead of being unsure, and with confidence in your answers, it shows, and you build more credibility.

Advice that I would give is to be proactive, responsible, and to take the initiative. Showing through actions (show up to your appointments, be on time, turn in paperwork, and just be responsible and together despite the chaos) and not just saying that you care and will do whatever it takes to bring your child back speaks louder than words. Also, you have to act like an adult and at least look like you have yourself together in order to prove that you can care for your child.

Keep your mind open to change and suggestions, we can all improve ourselves, no one is perfect and we all have our flaws. We all have problems. We all have bad days.

When you speak in court, people tend to look at the lawyer instead of the judge since the lawyers are asking you the questions. Try to make eye contact with the judge and connect with him when you speak, he's the one to determine your fate (and the fate of your children).

I also want to thank LanceBabe for her recommendation for Cherise Cuevas. We hired her and Kyle Skopic. They were an amazing team and are phenomenal lawyers. They just helped us bring our babies hope, and we are just so thankful and happy beyond words. I highly recommend both lawyers, so if you are seeking someone experienced in taking on CPS in Fairfax County Courts in Virginia, feel free to contact:

Cherise Cuevas Law, P.L.L.C.
703.815.0000
http://www.cuevaslaw.us/attorneybio.html

Kyle E Skopic Law Office
(703) 246-9530

Even though I am just so happy to finally get my babies home after only getting 6 hrs visitation a MONTH these past two months, which has been torture for us since we've never been apart from them before, I'm also thinking of you guys. I know how tough it is.

Don't let CPS win. Sometimes you have to hit the bottom to come back up so have faith and stay strong. Never give up hope, and never stop fighting to get your kids. You will all be in my thoughs and prayers, and I hope all of your children will be returned to you soon.

momomma
Posts: 54
Joined: Wed Nov 22, 2006 10:41 pm
Location: Missouri

Postby momomma » Sat Sep 20, 2008 6:50 am

Advice that I would give is to be proactive, responsible, and to take the initiative. Showing through actions (show up to your appointments, be on time, turn in paperwork, and just be responsible and together despite the chaos) and not just saying that you care and will do whatever it takes to bring your child back speaks louder than words. Also, you have to act like an adult and at least look like you have yourself together in order to prove that you can care for your child.




That is such great advice! I am so happy for you and your family.


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