Why I never want to see a family in an appeals situation.

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Dan Sullivan
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Location: Long Island, New York

Why I never want to see a family in an appeals situation.

Postby Dan Sullivan » Mon May 22, 2006 2:37 pm

gideonmacleish wrote: Keep in mind, Dan, that what i am suggesting is that until an injunction or higher court ruling dismisses the lower court ruling, you should strongly consider starting services, to prepare for the possibility that you may lose in a higher court. But you should BEGIN your defense by asserting your Constitutional rights, not try to introduce them later on.


Just to set the record straight, I never said someone shouldn't assert their rights... during the CPS investigation or in Family Court.

How long would it take for a higher court to dismiss an appeal?

How long would it take to get a decision/ruling from a higher court?

We've just seen two examples of two different families who prevailed over CPS by either taking a proactive position on services or by challenging CPS' service plan in court and demonstrating to the Judge that they made "reasonable efforts" to resolve the issues... while CPS didn't.

Is there NOTHING to be learned from what these people have done?

Florida999 got her children back in three months.

And Momof31995 made fools out of CPS in court (it took much too long, I'm sorry to say).

Look at what got accomplished, look HOW it got accomplished, and then recommend the SAME strategy and tactics to all the newbies who come here in the same situation!!!

What does the Judge see most of the time?

A family who didn't complete a service plan (regardless of the fact it was filled with unnecessary and inappropriate services) OR a family who chose not to take any services at all. CPS wins in both situations.

HOWEVER, in the rare instances where the family takes a proactive stand or the family demonstrates to the Judge that CPS failed to make "reasonable efforts" the Judge is far more inclined to rule in the family's favor.

In one of the first cases where I helped get children back from CPS, a five year old boy said while he was still in foster care "Mommy, I don't have any more tears."

I never want to see a family in an appeals situation.

Best, Dan

Bob_Lynn
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Postby Bob_Lynn » Mon May 22, 2006 5:13 pm

Why do you need to start a new thread with a post duplicated from another thread?

Why did you start another thread disguised as a question when it was obviously meant to ridicule what I posted regarding using Constitutional law as a primary defense (not the first time either)?
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Mon May 22, 2006 6:47 pm

Bob_Lynn wrote: Why do you need to start a new thread with a post duplicated from another thread?


Because I thought it was an important message and I thought more people would read it as a new post compared to it being buried in the other thread.
Bob_Lynn wrote: Why did you start another thread disguised as a question when it was obviously meant to ridicule what I posted regarding using Constitutional law as a primary defense (not the first time either)?


Meant to ridicule you?

Get over yourself, Bob.

There isn't a single word from you in the message.

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Mon May 22, 2006 7:02 pm

Deja vu all over again? See my reply in the original thread. This one needs to be removed.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow


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