Page 1 of 1

physical custody and psych eval.. etc

Posted: Thu Jan 29, 2009 6:54 pm
by simplebirdsnest85
today my mom got Temp. Physical custody of our 1yr old. It was NOT through the court. We had some sort of meeting- i dont know the name. She will be with my mom until she reaches 18lb and i show im "improving on my parenting skills by showing interest and knowledge in the services they provide".... I kept asking "so i can get her back while doing the stuff you want me to, not AFTER" and they kept saying yes. Well THEN they just now bring up me going to a psych eval (i had one 2yrs ago and it said i was fine). None of this is court ordered. My lawyer is a POS.

They said it doesnt matter that my daughter lost weight friday due to illness, swallowing a penny, or her low thyroid because her "ped" said it couldnt of caused 1/2lb overnight.

What exactly is happening to me? Whats physical custody? How long could this go on? DO i have to do another psych eval?


Posted: Fri Jan 30, 2009 4:06 am
by Momoffor
physical custody means just that, she physically gets custody of your daughter. If you lost legal custody to CPS CPS still holds that. (Being able to make the major decisions ect)

Posted: Fri Jan 30, 2009 5:54 am
by debbiescalese
the simple way to explain things is when the state removed your daughter they have legal custody. That just means if they make a dr appt or serivce appt you have to show up and they get to decide where your daughter lives but everything they do must be court approved. They can't just say your daughter will live with your mother the judge had to sign off on that either in court or they sent him the paper work and he signed it. Physical custody means who has actual possesion of the child.
Look at legal custody like this way If you own a home with a mortgage on it the bank that holds the mortgage has legal rights to the property but the property is still in your name and you can do what you want with it but the bank, if payments aren't made can come in and take it if they go through the court process to take it from you. Where as if there was no mortgage they have no intrest in that property what so ever and couldn't do anything to you no matter what you did to the house. So legal custody doesn't give them much but it gives them a leg to stand on in court and if you don't do what you need to do (like in this example make the house payment would be = to do the services) they can keep the kid until they decide how they handle things.
What they want from you is to be more aware of your child's weight issues they want to see that your encouraging the child to gain weight. If I were you I would go out and look at local hospitals and see if there is a toddler food and nutrition class sign up for it and then let them know your doing it after the clases have started and you can prove your attending. the fact that you signed up and are attending a class like that on your own with out them telling you would mean way more than them telling you to do it. It would mean your trying to educate yourself on your childs specific needs. You can get your child back while your still doing the services but they like them to be at least half way complete with you showing an intrest in learning these new things. Even if they don't count the food and nutrition class they still give it some wieght as far as you taking a proactive stand on the issue. And you still learn something.
As for the psych eval go back to the same person who did it last time if they gave you a favorable result. CPS has a bad habit of sending people to un licesanced people to do it who don't know what they are doing. Then they just give the result cps wants. For example the report I had from the cps evaluator was so different from what I got from an independant evaluator the cps evaluators had to be thrown out. I've read other stories just like it on here and was told by socail works themselves that that evaluator does that to others as well and that they have been shocked by some of the things that have come back on her evals becuase they were in the home and never saw anything that would indicate those problems.

Posted: Sun Feb 01, 2009 2:16 pm
by simplebirdsnest85
ahh. Thanks. Yeah CPS didnt do anything as far as paperwork or anything. They just had this meeting and said from the time shes released until shes 18lbs she lives with my mom and she has phys. custody.

I will def check into my own Psychologist/psych eval and ill check into some sort of nutrionist/nutrion classes.

I just REALLy dont see how i need to go through counseling/eval all over again when 2yrs ago it came back A+++ as im fine. I just need a way to prove im still ok.

Posted: Sun Feb 01, 2009 2:41 pm
by debbiescalese
They did paper work they just didn't do it in front of you. The judge has to approve everything they do so they probably set it up before the meeting, got the judge to approve, and told you what was going to happen. See they can't just remove a child with out the judges approval and they can't just place that child with family with out telling the judge what they are doing. The soical worker probably wrote a document to the judge and he just rubber stamped it. See I never got to see any of the social worker's notes that she sent to the judge during my case but I know he had documents that the worker sent to him right in his hand at the hearings. How do I know? He read from them a line here and a line there when my husbands ex's lawyer would raise a stink about something he would say but the soical worker said ....... and sometimes she wasn't even there. The judge gets these reports before court (usually days before) so he can review them. The judge knows what is going on and since you didn't do things to the child due to "sick" reasons (example burn the child becuase she was bad, beat the child just for the fun of it, starve the child just to watch her die another words no intent to do harm) your case is not a priorty case. Plain and simple and I don't mean to insult you but in all likelihood cps just thinks your stupid and they need to teach you how to properly care for you child. Believe it or not just being "stupid" is good in cps's mind because then they can "help" you learn and feel like they did something, give you child back and put that case in the win colum. Of course that is generally speaking sometimes you get a know it all worker who has no intention of doing her job or giving your kid back but that doesn't seem the case here.

Posted: Sun Feb 01, 2009 4:03 pm
by katgotsteve
Acutally, they dont have to do paperwork for the court. basically you entered into a contract with the agency and if you voliate it they will go to court. alot of families in my state do this, the court never gets involved, they "improve" the situation and then the agency just backs off.
basically this is a way that they never have to go to court and be called on their actions. only if you refused would it have gone to court. you have entered into a family plan (which is typically a caseplan, but with out court oversee).

hang in there. you have to pretend to be a compliant individual, but basically your family member has control over things. just let your baby get the nutrients she needs. also, you may want to do some research on diseases that cause weight loss or low weight gain. i cant remember the name of one, but there are some that cause the body not to absorb nutrients.

Posted: Mon Feb 02, 2009 9:52 am
by Momoffor
katgotsteve wrote:you may want to do some research on diseases that cause weight loss or low weight gain. i cant remember the name of one, but there are some that cause the body not to absorb nutrients.

I believe that tests have already been done and genetics is the issue. CPS is faulting her (the mother) for not noticing that her child was not gaining weight.

Posted: Wed Feb 04, 2009 8:12 am
by simplebirdsnest85
Momoffor wrote:
katgotsteve wrote:you may want to do some research on diseases that cause weight loss or low weight gain. i cant remember the name of one, but there are some that cause the body not to absorb nutrients.

I believe that tests have already been done and genetics is the issue. CPS is faulting her (the mother) for not noticing that her child was not gaining weight.

yeah they dont care she has a low thyroid, i have no breastmilk, she was sick, etc etc etc that all could cause weight loss together or apart- they only see i didnt see her weightloss when it started happening.

They are suppose to come today (my only day so far i havent seen my daughter) so we can sign our lives away parenting class, psych eval, etc. I need to get some things in writing though because i KNOW theyll drag some of this out til kingdom come otherwise.

Posted: Sun Feb 22, 2009 8:43 pm
by Greegor
Who reported to CPS?

How the heck is a parent supposed to notice
a half pound of weight loss in one day?

What's the kid's total weight and do they have
problems with digestion or absorbing nutrients
from food?

Usually when I read one of these kinds of stories
the agency is full of crap, like guessing at
Munchausens By Proxy, blaming parents for
abuse when it's a medical condition, etc..

What made you sign their contract garbage?

Did they threaten removal if you did not?
They've been getting in trouble for this
BS threat in a few cases.