Two questions......

[oryana]

I have two questions. How do I submit something to the judge myself since my attorney has not spoken up for me? I haven't been given any opportunity to begin to have my side heard.
And, I am not saying I have decided to go this route at all. But was just thinking......what could the possible consequences be if, at my next visit, I just let my kids get in my car and go home with me? Could I be arrested? The only court order existing gave dhr temp custody back in May. But the 'dependency hearing' has been continued several times. I am becoming very frustrated and know that if I don't do something drastic there will be no change.

[Daruma]

To answer your first question, there's advice on this page about filing your own statements with the court (and also filing sworn affidavits from any witnesses on your behalf):
http://familyrights.us/how_to/just_picked_up.html

I'm afraid to even venture a guess about your second question. For now, my suggestion is to read the page above (with all its associated links) and get busy filing paperwork with the court. This will serve two purposes: it gets your side of the story on record for your current case, and it lays the groundwork for an appeal if the final decision is against you.

[monkette31]

Well, I think it would be called kidnapping if you steal your children back from them. Remember that case recently in New York where the couple left with their 8 children on a visit? They made it about a week and got caught and jailed. but they did do an interview in November of last year and maybe they did bring light to their plight? http://newyork.cbslocal.com/2011/11/29/ ... eir-story/

I often think of this too...especially with my autistic child, just go get him and leave. I found this site http://www.missingkidsla.org and was suprised to find that all 322 kids missing are missing from foster care right here in Los Angeles....so there are many missing foster children at least in los angeles...but because he's special needs I'm sure that would blast all over the news....

...then I heard there's some countries you can run to without fear of them catching up to you...but does anyone know those countries?

I think your best bet is going to be to "learn the system" yourself, your area, network with others in your area to pick up more knowledge about how your court system works...

[oryana]

I'm not going to go get them and just leave. Although I have considered it at one time or another. I havent done anything wrong so far, even though the one's in charge of my kids think differently, I'm not gonna start now. I truly hate that I didnt bring them home from the sitter they were placed with on the 'safety plan', when they cried to come home. But I didnt know I had that option then. I could kick myself for not doing it anyway. Then none of this would have happened. If dhr would have been honest and told me my rights the way they should, I would have brought them home. That would have pushed court and my side would have to be heard in order to take them. I will never forgive myself for not knowing.

[Daruma]

I will never forgive myself for not knowing.

Sweetheart, how could you know? They don't teach this in government civics class. It's not all over the TV dramas. People don't make movies about it. No one warns you.

CPS employees have been doing this for a long time. They've perfected the surprise attack. As an organization, they've had decades to hone their techniques. It wasn't your fault that you didn't know.

[monkette31]

yes, and I'm pretty sure had you taken your own children back, they would have stormed the house, taken them into custody that way...so don't beat yourself up, you'd be in the same position.

[oryana]

I just really wish I had known about all this information sooner. I am afraid its too late to look back at the whole thing now. Everyone is telling me that all the procedures dhr failed to follow are irrelevant now, considering how far its gone. I tried to get the facts out there in the early stages, but when your attorney doesn't say anything, and you don't know better, what are you to do?

[Eljay]

Speak up, say you didn't know before, but now that you you do, you want to put things right. Tell them that this isn't about getting CPS in trouble for breaking the law, but getting your kids where they belong. Tell the judge that had you know and spoken up earlier, things wouldn't have gotten this bad, but it's not your job to make sure they are following the rules... it's your job to take care of your girls which they are preventing you from doing.

[oryana]

How do I go about getting the judge to hear me? My custody/dependency case has been put on hold til June. My girls have already been away from me for 9 months. For the first 4 months all my kids cried to come home, and cried when they had to say goodbye to me. My 8 year old and 5 year old, used to sit on my feet to stop me from walking to get in my car, and then they would try to crawl in the car with me. They don't even act like they really miss me anymore. My 12 year old is the only one that does'nt act different now. This whole thing has confused them so bad. It tears my heart up thinking things may never be the same.

[good dad]

oryana,

Look at this link: http://www.childwelfare.gov/pubs/userma ... s/cpsj.cfm

Develop a number of questions for the worker at your next ISP meeting...(when is your next ISP meeting??)

An ISP meeting is a review of your families progress with your caseplan.. This is a time to show them they are not following CPS protocol, CPS guidelines and Federal or State laws in your case. You're not in front of a judge, but it may wake them up to the fact that at the next court date, you will tell the judge everything wrong they have (or haven't) done and you should plan to do so, as to current or recent violations..
I know there are timelines for complaints, once a point is passed you can't go back and "bring up the past", but this lets them know you learned what their guidelines say they can and can't do, what the law says they can do and are watching for them to make a current mistake which you can object to...

You must report every violation in court so it goes "on the court record" in case everything goes wrong, you have a "ace in the hole" so to speak,in case you have to file an Appeal.. The only thing an Appeals court can look at is "What was entered on the record"... If you don't bring up violations to the current judge, you have nothing to Appeal your case on...

That being said... I'm going to try and walk you through some points on an ISP meeting...

Collect information from all service providers. Intervention and service provision are typically a collaborative effort between CPS and other agencies or individual providers. Consequently, the evaluation of family progress must also be a collaborative venture. Referrals to service providers should clearly specify the number, frequency, and methods of reports expected. The caseworker must also clearly communicate expectations for reporting concerns, observable changes, and family progress. It is the caseworker's responsibility to ensure the submission of these reports and to request meetings with service providers, if indicated. In addition, when the court is involved, it is appropriate to obtain information from the parent's attorney, the child's attorney, and the court-appointed special advocate (CASA) or the Guardian ad Litem (GAL).

Does the worker have all current reports from 1. Your counselor? 2. Each child's counselor? 3.The CASA or GAL?..Have you met with the CASA or GAL? If so, how many times? When was the last time?

Engage the child and family in reviewing progress. Using the case plan as a framework for communication, the caseworker should meet with the family to review progress jointly. Family members should be asked about their perceptions of task, goal, and outcome progress. If these have been established in measurable terms, there should be agreement about the level of progress. Any differences in the family's and caseworker's perceptions should be clarified in the written evaluation. The caseworker should then discuss any need to revise the case plan. This is also the family's opportunity to identify any barriers to participation in the case plan or any new problems or concerns to be discussed.

If your oldest daughter is there it is a good time to ask her what her opinion is.. Are you a good mom? Did you do what they are saying you did? If they state Family counseling isn't an option at this time because of recent acts or concerns of younger children, ask if there could be any other reason for these acts???.. Ask if statements made by foster parents about adoption or school problems or separation anxiety could have caused the problem?? Put them on the spot and make them admit these things could have caused the problems or else they state "No, it's you"... If they answer the latter, ask "Is this your area of expertise?".. What are your credentials for making this "on the spot" diagnosis??....

Learn to set them up and twist their words like they do ours... They will start to think twice before speaking because they will wonder if you are trying to trap them with their wording .. (I loved doing this to my CW)

If you didn't know, "Family" in this sense is anyone related to you... Your Brothers, Sisters or Parents.. Anyone with a roll in the child's life can come to an ISP meeting and voice their opinion.. The more that are there are more witnesses to how they answer questions to the violations you bring up or they can state how good of a parent you are... Remember, CPS's view of your case depends on your progress, if your family speaks of you in nothing but a positive way, it must at least show up in their report, plus they know other family members are taking an active roll in the case..

Measure family progress. Change is measured during the evaluation of family progress on two levels. The most critical risk factors (identified during family assessment) should be assessed. Specifically, what changes have been made in the conditions and behaviors causing the risk of maltreatment? The same criteria used to assess these factors during the family assessment should be used again to understand the current level of risk. The second level of measurement evaluates the extent to which specific outcomes, goals, and tasks have been accomplished by the family, caseworker, and service provider.

You may stand by your innocence but try to explain things you have learned through counseling, parenting classes, etc. that make you a better parent, you need to show some change..

The second level of measurement: Speak of how you done everything asked, have asked to do things faster, pushed the worker to set up meetings and appointments... Show how the worker has failed in his role to provide services, return calls, provide you with any information you asked for, etc..

CPS cases are a slow moving chess game, sometimes you have to let them get a few moves ahead before your in a position to attack..

Tim

P.s. Technically, there is one time you can go back and bring up every violation, every mistake, every entered false document by your caseworker... If your case goes to a Termination of Parental Rights trial, everything can come out..