i have a question that needs answered bad

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justina78
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Joined: Thu Sep 14, 2006 9:08 am
Location: Northern CA
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i have a question that needs answered bad

Postby justina78 » Sun Jun 14, 2009 2:34 am

If my 14 year old daughter was placed with her father through cps in the state of california and she is not happy there can cps or law enforcement do anything if she decides to come back home.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sun Jun 14, 2009 8:04 am

Who has legal custody of her now?

Who had legal custody of her before she was removed?

Did a juvenile court order that the father have physical custody of her?

Did you sign a Safety Plan?

All these are factors.



Check out this website.

http://www.childwelfare.gov/



Here is how it works:

CPS gets involved in a case.
They must make reasonable efforts to prevent removal from the home and prevent foster care in order to get funding.
They must build a case.
They must try to place a child with a relative first.

CPS may suggest you "voluntarily" place the child with an unsuitable relative.
The noncustodial parent is first in line.
If the first parent "cooperates" under threats of foster care, then this placement is considered "voluntary." and there is no court order.
Both parents will probably have "legal custody" and the other parent will have "physical custody" without a court order.

This "voluntary" placement may result in child maltreatment.
Having the child can be a financial burden on the relative, as there is no foster care funding. This may result in neglect.

The relative may have to apply for welfare services such as food stamps, Medicaid, TANF, etc. In this case, the offending parent will be charged with Child Support.

The relative may be told not to let the offending parent visit, under threats of removal.

CPS will accuse the offending parent of not visiting the child, not supporting the child, and abandoning the child.

By the time the offending parent figures out what is going on and wants to get the child back, CPS usually has had time to build a case of neglect.

Meanwhile, CPS is not obligated to provide the offending parent with Services and a reunification plan with a deadline, because the child technically is not in the System so they do not have funding for prevention services. Yet they probably are getting Administrative funding for having a "case" on the child.

If the child is being abused in the Placement, then the parent is accused of "failing to protect." CPS may deny that they placed the child there in the first place.

Police may refuse to return the child to the parent who has court-ordered "legal custody." This is what happened in the case of Ariana Payne in Arizona who died.

If a parent picks up a child from Relative Placement, CPS can take it to court and railroad the judge into putting the child into Foster Care, and the judge can check the box for "reasonable efforts".

If the parent files a petition in Juvenile Court for full custody or physical custody, there is probably a box on the petition which asks if there is a Child Welfare case on this child. This would bring CPS in, with all their lies, etc. So you would need to be super-prepared for this.

Waiting it out may be an option, but the longer a child is in one place, the greater that placement has weight.

One mother on this forum tried to pick up her child quickly from school, since she had "legal custody" and could decide where the child lives. CPS shoved the case through court, and the State's Attorney had to show the new worker how to falsify records to show reasonable efforts. The records didn't show the relative placement. CPS will not take responsibility for what happens in relative placement unless it is court ordered. The child was put into foster care, the mother had a case plan with services, and the clock started ticking, with the prospect of TPR down the road.

There is a sample letter on this site which a parent can write - something to the effect of -

Dear CPS,
I have complied with all services.
If I don't hear from you, I am picking my child up...

...

Nobody can advise you unless they know more details. Bad advice may result in Foster Care, which you want to avoid because the clock starts ticking when that happens.

justina78
Posts: 59
Joined: Thu Sep 14, 2006 9:08 am
Location: Northern CA
Contact:

Postby justina78 » Sun Jun 14, 2009 10:17 am

her dad was not in her life before cps took her. She was living with me. After cps became involved we went into mediation and discussed a joint custody plan where he has legal full custody and we have joint physical custody. I have signed a safety plan but according to cps she is not out of the system. Her dad has had her for three years now but she is not happy there and cries every time i leave from seeing her.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sun Jun 14, 2009 2:57 pm

Perhaps you could petition the court for a custody hearing.

Search your court website to find out what to do.

Then call your local Clerk of the Court to get details for your particular locality. Ask about the filing fee, place for intake, etc.


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