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