Motion to have my son Placed back with my mom

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BillFaync
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Joined: Fri Aug 03, 2012 6:27 am

Motion to have my son Placed back with my mom

Postby BillFaync » Wed Apr 17, 2013 2:53 am

My son was placed with my mom almost a year ago. None of the workers had any problems with it as we fight cps. Last month we got a new worker. We had court last month and she stood up and lied about his health and the house to have the judge remove him. Everything that was bought up the other social workers had no problems with it. What was true could have(and is fixed) been fixed in one day if she would have said anything.
I went to the state Dss Cps office and they said she had no right to say the child should be removed. The worker has been removed and I need a motion for the judge to relook at my mom.

Can anyone help.

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Eljay
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Thu Apr 18, 2013 4:56 pm

CPS should still be in charge of the actual placement, so if the caseworker is gone, and the state CPS/DSS office says that child shouldn't have been removed, can you not convince them to return him to grandma? Maybe in a really polite certified letter to the department director?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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BillFaync
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Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Fri Apr 19, 2013 2:47 am

they said the judge has to approve him to be place because he ordered him to be removed. The head office told me to get a motion to go back in front of the judge.

Can they make the decision with out going in front of the judge?

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Eljay
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Fri Apr 19, 2013 3:59 pm

It depends....

If the judge ruled that CPS gets legal custody and CPS has authority to make placements, then it would be up to CPS.

If grandma applied directly to the courts for placement and CPS did not approve/endorse it, then it would be the Judge's call (they usually don't do this without CPS being on board because then CPS doesn't get their funding or something... again, all about the money). This could also be the reason why they waited and brought it up in court instead of just doing it on their own outside of court. CPS *must* follow court orders so if the judge ordered grandma as caretaker, then CPS has to do it. If they don't like the placement, sure, they can make a case/file a motion to undo it. If her home was seriously unsafe, then they would have an obligation to open a CPS investigation on HER and/or take the child under exigent circumstances.

Regardless of all of that, if the judge ordered the child REMOVED from grandma, then there is a court order and, no, they can't go against the order. So... yes, you need to file a motion to have the child returned to grandma. Maybe a Motion to Modify Order of Physical Custody (or to 'restore' or 'vacate' the last order). Call your attorney and beg and plead to get them to do this. Also ask your lawyer to talk to the GAL about the situation. If the only issue was remedied, then it stands to reason that the child should go back to the family situation.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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BillFaync
Posts: 23
Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Sat Apr 27, 2013 11:19 am

I asked my lawyer many time to do the motions but she dont seem to care. I have been looking online for an outline or a example of one but cant one.
Do you know of a site to get them or pay someone to write them up?

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Eljay
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Sat Apr 27, 2013 11:41 am

I could NOT find a form on-line that was the equivalent of what we have out here in California, a "JV-180" which is a form used to ask the judge to change a ruling regarding placement of the child in dependent status. Here is a link to the form. You can use it as inspiration, I guess, or just make a generic motion to change physical placement.

http://www.courts.ca.gov/documents/jv180.pdf


For assistance with "cleaning up" your documents, you could use a paralegal at a fraction of the cost of an attorney. They won't be giving you legal advice, but can help you prepare documents, translate into "legalese" and assist in filing documents. Here is a place to start to find on:

http://www.ccpara.com/ (in your town, I believe)
http://www.ncparalegal.org/


Here's a motion to vacate the initial order and place child back with you, or you change the title (motion to MODIFY, not vacate) and prayer (the final line, asking for placement with grandma):

DOCKET NO. XXXXXXX
: SUPERIOR COURT FOR HARTFORD
:
IN RE: AM : JUVENILE MATTER
______________________________: January 1, 2012


MOTION TO VACATE ORDER OF TEMPORARY CUSTODY


Pursuant to Connecticut Practice Book § 33a-6 and Conn. Gen. Stat. § 46b-129, Petitioners:DD and FM parents of AM respectfully requests this Court to vacate the Order of Temporary Custody.
In support of this motion, petitioner asserts the following:
1. Pursuant to Conn. Gen. Stat. § 46b-129 (b), an Order of Temporary Custody may be granted if there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or physical injury or is in immediate physical danger from the child’s or youth’s surrounding, and (2) that as a result of said conditions, the child’s or youth’s safety is endangered and immediate removal from such surroundings is necessary to ensure the child’s or youth’s safety.
2. Pursuant to Conn. Practice Book § 32a-3 and Connecticut case law, the moving party of the motion to vacate the Order of Temporary Custody must prove by a fair preponderance of the evidence that the reasons for the order no longer apply. In the Matter of the Minor Child Alisha R., 2002 Conn.Super. LEXIS 4033, at *6 (December 3, 2002). (Court granted the motion to vacate the Order of Temporary Custody where parents were cooperating with DCF, there were no other incidents of abuse or harm to their children, and the fair preponderance of the evidence proved the order was no longer to be applied to the child)
3. (Parents of AM), assert that AM is not suffering from serious physical illness or physical injury in which his safety is endangered and that the child is not in any immediate danger from his surroundings. .
Consequently, Parents assert that there has been a material change in circumstances which mandates the Court to vacate the Order of Temporary Custody.
5. Petitioner has been exceptionally cooperative with DCF, and complied with all of the steps articulated by the Court; Namely:
a. Petitioner has kept all appointments with DCF and has made her whereabouts known to DCF and her attorney
b. Petitioner has visited the chiild as often as permitted by DCF;
c. Petitioner has maintained adequate housing and legal income; d. Petitioner takes care of the childs physical, educational, medical and Emotional needs.
e. Petitioner has signed releases requested by DCF.
f. Petitioner has learned to provide proper care and nutrition for the child and has demonstrated a willingness to provide that care
. g. Petitioner has secured the services of Birth to Three to provide in home services for the child.
h. Petitioner has signed all releases allowing DCF to communicate with service providers to check on attendance, cooperation and progress toward identified goals.
6. Contrary to what DCF has reported; AM is not suffering from a serious physical illness or physical injury in which his safety is endangered. AM has seen his pediatrician Dr. TD on ... and is up to date with his immunizations; weighs 19 pounds and is 31 inches tall.. A.M is gaining weight and growing well; his pediatrician has no concerns regarding his Failure to thrive diagnosis and Birth to three services has been secured. These services will commence as soon as A.M. is returned to the family home.
7. Parent’s home will provide the child with a secure, safe, attentive, and stable living environment. The child has his own room with a crib, plenty of clothes and a variety of toys and books; both educational and fun. There is more than an adequate supply of food in the cupboards and the home is kept very clean. Safety gates are in place in front of all stairs; unused electrical outlets are covered with safety plugs, and lower cabinets and drawers have safety locks in place. There are siblings over the age of 18 in the home that are very willing and able to assist in the supervision of AM as well as his parents.
8. Removal from his parent’s home is not necessary to ensure child's safety.
9.. Mother and Father have a very strong bond and loving relationship with AM. AM is also very bonded to his siblings JM, JD and AD, and they are very loving toward him,
10. According to DCF , the agency is prepared to send (AM) directly home to his parents after all safety concerns have been removed and there are no medical concerns.These issues have all been addressed by the parents. According to case practice law, If it is clear that the reasons for the temporary custody no longer exist, DCF itself has an obligation to move to have the OTC dissolved, And reunite the family. In re Juvenile Appeal (83-CD), 189 Conn. at 291, 455 A.2d at 1321. .
11. It is in the best interest of the child for the Court to vacate the Order of Temporary Custody allowing for reunification to occur at this time.

WHEREFORE, Petitioner respectfully requests this Court to vacate the Order of Temporary Custody.









O R D E R

The above motion having come before this Court for consideration, it is hereby ordered

GRANTED/DENIED.

________________________________
Superior Court Judge



CERTIFICATE OF SERVICE


This is to certify that a copy of the foregoing has been delivered to

AAG
DCF WORKER
Mother of child
ATTY of mother
Father of child
ATTY of child
ATTy., Gardian Ad Litem
Atty for child
Gdebski35

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Top
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Motion to have my son Placed back with my mom

Postby Eljay » Sat Apr 27, 2013 11:55 am

I just posted this for someone else (but has info for filing your own docs), and notice that the NCIDS is from NC and is something ALL parents deserve to have done for each hearing!


http://www.ncids.org/Defender%20Trainin ... eports.pdf


Use the fact that you don't have an atty to your advantage and get that stuff filed ASAP! When you file, you MUST get it to each party in the case (meaning his/her representative/attorney). Take a few extra copies as some courts want things in triplicate. They will stamp your official copy, keep that as your evidence. ALONG WITH your form you must file a "certificate of service" which is a fairly generic statement stating that you will/did send a copy of it to each party of the case (send a copy of your official, stamped copy). Sometimes you can find a template on your court's website. You need to serve/copy the judge, CPS atty, kid(s)' atty, dad's atty, and you. There is some basic info here:

http://familyrights.us/bin/FORMS/certif ... ervice.htm
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

BillFaync
Posts: 23
Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Sat Apr 27, 2013 4:05 pm

could my mom get them to help her with a motion to have him return or will it be best for me to ? I am asking because I have a sorry lawyer who don't want to do the motion but my mom does not and the paralegals should help her?

BillFaync
Posts: 23
Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Sun Apr 28, 2013 10:21 am

Also on my next day off I want to go to the nc Bar to turn in the DSS lawyer for lying in court. Not just from the last court date but all the others. Will they do anything or would it be a wasted trip?

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Eljay
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Sun Apr 28, 2013 8:27 pm

If your mom needs the help, absolutely. It's kinda like if you had a wound and could't afford a doctor, a nurse would at least be able to bandage you up.

Your BAR complaint... call first, tell them all of your issues, then they will tell you what the "gross violations" of the law/ethics are. THEN put your complaint in writing.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

BillFaync
Posts: 23
Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Mon Apr 29, 2013 6:01 am

Legal aid and paralegal wont do it becuase it is DSS involed case

Dont know where else to go

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Eljay
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Mon Apr 29, 2013 6:50 am

How many paralegals did you call?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

BillFaync
Posts: 23
Joined: Fri Aug 03, 2012 6:27 am

Re: Motion to have my son Placed back with my mom

Postby BillFaync » Mon Apr 29, 2013 8:00 am

Called 8 but one gave me a site for the motion http://www.nccourts.org/Forms/Documents ... eIndex.pdf . Pass it on if anyone needs NC forms.

Also went to the CC law Libery in Fayetteville and found a nice lawyer who helped me find 8 motions i could use.

I will be starting these when I get off work

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Eljay
Posts: 2645
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Re: Motion to have my son Placed back with my mom

Postby Eljay » Tue Apr 30, 2013 4:58 pm

Good work! Also, read this about what might be a better way to go about dismissing/replacing your court-appointed attorney:

http://www.avvo.com/legal-guides/ugc/ho ... ted-lawyer
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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