How We Escaped CPS in 3 Months.

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Happy Baby
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How We Escaped CPS in 3 Months.

Postby Happy Baby » Fri Nov 26, 2010 10:20 pm

My wife was about 38 weeks pregnant and put on a medication with psychotic side affects. This led to her mental break when she had to under go a C-Section, as the baby was breach. The O.C. CPS was called in as she allegedly made threats against the baby prior to the birth. The hospital had already called CPS and they were already working in the background to take our child away from us both. I was accused of failure to protect my child even before she was born. They based this on my determination that she had a psychotic break. Even the hospital psychiatrist determined the same thing. However, the CPS Social Workers of Orange County California spun a web of lies and taking comments out of context against us both to support their frivolous detention report.

They had no medical evidence to support my wife was a danger and nothing to support anything against me besides that I told them she had snapped and that she wouldn't harm the baby.

However, they spun it in their report wanting to take away our infant from both us. They also wanted us both to under go psychiatric evaluations. Fortunately, the Juvenile Judge agreed to release our baby to me. My wife was removed from the house for a period of about 2 months where she got to see our baby about 2 hours a day and then 3 hours a day.

The social worker who authorized the removal of our infant from us is the same that was involved in the one law suit that cost the county 4.9 million dollars. She was actually promoted from her original position to supervisor. Why they can't find a place for her where she can't steal children needlessly is something that demonstrates they are idiots or demons that run this agency. The Social Workers tried to get me to turn against my wife by implying that they would let me keep the baby. One commented that I should divorce my wife. Our case worker kept trying to get me to say anything against her. She even tried to get our counselors to say anything negative against us. She hassled my wife's counselor arguing that her frivolous report was somehow proof that she was an unfit mother. They kept trying to get an emotional response from me but after nearly 18 years in the litigation field it takes a lot get that type response from me.

When I met with my wife's court appointed psychologist she knew the legal field that I worked in and couldn't believe that CPS was really bothering with me. She didn't find my wife a danger to our child and their was no need for her to bend her opinion. This doctor was provided by my wife's attorney. CPS was ordered to obtain one but never did. In fact, why should they since it would only drag out their case longer by not setting one up.

The first social worker we talked with at the hospital told me that the judge wouldn't give me the child because I had been with my wife for over 10 years. She also commented that because of my work in the legal field that it wouldn't help our case. She said comments such as "great", "that's not going to help" when I mentioned my employer. My wife also works in another legal field. Both of us have good respectable jobs. We're both college educated.

I went through three court appointed attorney's by the end of our second court appearance. The first two times we pushed for trial. The first trial we were told that we couldn't do anything without a psychiatric evaluation of my wife. The second time they allowed my wife to come home. Prior to the third trial date we sent letters to our attorneys that we would not accept anything but a dismissal. When we arrived for the trial the recommendation from the Social Worker was dismissal.

Something to understand about this system is that the attorneys all get paid by the State. The social workers all get paid by keeping a file open. All of them play on your ignorance of the system. The burden of proof is that they need to prove there is a present danger for the child. Your attorney brings you the recommendations from the Social Worker and just put them in front of you. They make no recommendations. The vast amount of people accept the recommendations. However, quite a few of these recommendations are voluntary. They put you in voluntary CRISP programs. My wife and I had that after the second month. After we located the Juvenile Courts Bench Manual on the internet we became more understanding of this system.

One of my attorneys that lasted about 10 minutes told this case isn't going to go anywhere. Just put in the six months and they will dismiss or just close the file. This is probably quite true. Everything seems to revolve around the six months as this is one of the mandatory times for the juvenile court judge to review the file. I was told the vast amount of cases last 6 months. These are the cases where there is really no proof of any real danger. They just want you in the system as it creates a job for them and others that make their living off of this system. If your case involves the use of illicit drugs then expect to be in the system for about two years and that's only if you stay clean. If you make a mistake it could be much longer.

I talked to an attorney who suggested sending a letter to Orange County Board of Supervisors telling them what CPS was doing and sending it to the Social Workers Supervisor plus the head of the department. I sent the letter and all the frivolous allegations against us were largely removed from the detention or jurisdiction reports. In fact, they put my whole letter into their report. They had little to add to the report.

I highly recommend that if you're an angry spouse going through a divorce not to bring CPS in to get back at your spouse! They could end up taking the children away from you both. In addition, the expenses and time associated with going to court, meeting with social workers adds up. I know of one case where the father filed frivolous complaints of his son being molested by his ex-wife's men in her lives. Yes, he filed reports against every man in her life for a total of five. They both lost custody of the child for a year. Was it worth it?

My recommendation if you ever run into a CPS issue is not to talk to them. The less you say the better you will be as they can't make up cases based on taking comments out of context and spinning them the way they want to make their case. These social workers aren't very complex, they ask the same question and spin their report to take your child away from you. It's a rather sick way of making a living.

I also sought out counselors for us both outside for CPS provider network. I believe this was a good thing. This avoided the possibility of CPS using a doctor they have a relationship with against you. Although it did add up to cost about $2,000 between us both.

My best wishes to everyone out there having to do battle with CPS. If you're unjustly accused and the allegations against you are frivolous then you've fallen into their trap. They will do everything possible to make sure that case lasts 6 months. If you get out before that number you've beat their system.

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LindaJM
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Re: How We Escaped CPS in 3 Months.

Postby LindaJM » Sun Nov 28, 2010 1:34 pm

Thanks so much for taking the time to come here and tell us about your success in escaping from CPS. This is a great example of a case where you refused to plead to charges, and instead went to trial. Definitely the way a CPS case should be handled!

What's sad is that a lot of people never get this message. They're coerced into signing stipulations in court and most don't even know they're giving up the right to a trial - the only trial that really means anything until the TPR trial, which at that point, most lose.

Where did you find the Juvenile Court Bench Manual? Was it at this site: http://www.ncjfcj.org/content/view/101/224/ ?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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LindaJM
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Re: How We Escaped CPS in 3 Months.

Postby LindaJM » Sun Nov 28, 2010 1:38 pm

I'm moving this to another area of the board where more people will see it as your advice is good for people in all states, not just CA - but I'll keep a link here in the CA section too.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

treytrey1
Posts: 279
Joined: Wed Sep 01, 2010 12:32 pm
Location: Tennessee

Re: How We Escaped CPS in 3 Months.

Postby treytrey1 » Sun Nov 28, 2010 10:37 pm

Our case lasted 18 months. It wasn't because of drugs. Those cases
go about 6 months. If you aren't clean then you lose your kids.

angelheart83
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Joined: Tue Jul 27, 2010 4:12 pm

Re: How We Escaped CPS in 3 Months.

Postby angelheart83 » Thu Dec 02, 2010 4:13 pm

They dragged my case from July 21st until around mid-November. In fact, I never got official confirmation that it was closed. And this was without even being taken to court! And after they said on the FIRST visit that I was a good mom and interacted well with my son (my daughter was visiting family)!

I'm glad that things worked out well for your family. It often doesn't work out as well for poorer families. It's becoming less and less likely that I can sue because I still haven't found a lawyer willing to take my case on a contingency or pro bono basis. :(
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

sarahtimmymatty
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Joined: Thu Dec 23, 2010 1:43 pm

Re: How We Escaped CPS in 3 Months.

Postby sarahtimmymatty » Thu Dec 23, 2010 1:56 pm

please add me on facebook occacps corruption in huntington beach rthank you

clara2002
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Re: How We Escaped CPS in 3 Months.

Postby clara2002 » Tue Feb 01, 2011 6:22 pm

would it matter if the parents complete the whole goal thing, and doing extra if they announce it at the tpr hearing? what all are they allowed to use against you as a grounds of tpr? any petty things? is it true that what the caseworkers say is golden? even hersey?

MaggieC

Re: How We Escaped CPS in 3 Months.

Postby MaggieC » Thu Feb 03, 2011 6:19 pm

To my knowledge-hearsay is permitted in most if not all courts in the US concerning dependency hearings (CPS).

One needs to tip the scales and provide more evidence than CPS has.

Kahallsmalls
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Joined: Fri Dec 10, 2010 6:41 pm

Re: How We Escaped CPS in 3 Months.

Postby Kahallsmalls » Mon Feb 14, 2011 3:22 pm

I'm not familiar at all with legal terminology but during our hearing lawyers were objecting to hearsay. It is only allowed of the person that said it is present. I live in Texas, but this could just be our judge not allowing it, not sure if it's law.

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KDus
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Location: Kansas City

Re: How We Escaped CPS in 3 Months.

Postby KDus » Sun Mar 13, 2011 5:08 pm

Our case(Ventura Co) took 5 months to get a ruling and we have a review June 1. We have to grovel by getting a psyc eval, weekly counseling, weekly parenting, and 3 special needs classes. My wife has to do random drug tests even though drug abuse wasn't sustained.

We think counselors outside the CPS frat-party will be key to getting out. My attorney has been telling me to leave my wife from day 1. I'll see how things go until June, before I try that.

donmiller
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Joined: Wed Mar 09, 2011 11:35 am

Re: How We Escaped CPS in 3 Months.

Postby donmiller » Mon Mar 14, 2011 7:53 am

evidence rules regarding hearsay vary greatly from court to court. Most state courts have some resemblance to the federal rules of evidence, but there are almost always quirky exceptions that stick out like a sore thumb.

MaggieC

Re: How We Escaped CPS in 3 Months.

Postby MaggieC » Mon Mar 14, 2011 2:34 pm

So true, Don. Hearsay is one of the most difficult of law school classes.

In NY, the statute regarding child protection specifically states that hearsay is permitted. I believe this is so as the caller to the hotline must remain anonymous, also by statute.
BUT-here's the deal. The rule must work both ways. Therefore if the petitoner (CPS) is allowed to bring in hearsay, so can the respondent (parents).

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DanZ
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Re: How We Escaped CPS in 3 Months.

Postby DanZ » Mon Jun 27, 2011 3:48 pm

That's really impressive, and super cheap! We escaped in about 3 months as well, but it was much more expensive (because we pursued all avenues of action, regardless of the price).

lost4words
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Joined: Thu Jul 28, 2011 5:27 am

Re: How We Escaped CPS in 3 Months.

Postby lost4words » Thu Jul 28, 2011 6:04 am

if accusations about drug abuse arent true then how did they take the kids?? three drug test they gave that day showed the result of non conclusive??

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KDus
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Location: Kansas City

Re: How We Escaped CPS in 3 Months.

Postby KDus » Sat Jul 30, 2011 10:53 am

I just re-read the top post and it rings even more true than before. You must use services outside their network. However, it becomes very important to have thorough documentation because they won't like what you're doing.

As for drug use, CA case law allows the judge to make orders on a concern or suspicion of drug use regardless of proof. My wife was ordered to do random drug testing without any evidence of drug abuse. There was her prescription oxy bottle in the house and that was enough.

sethcroy
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Joined: Sun Aug 07, 2011 5:50 pm

Re: How We Escaped CPS in 3 Months.

Postby sethcroy » Sun Aug 07, 2011 7:36 pm

NOW IM SCARED MY ATTOURNEY HAD ME AND MY GIRLFRIENDS TRIAL RIGHTS AWAY. I REQUESTED HIM TO USE ALL MY EVIDENTS TO PLAY A ROLE IN MY CASE DURING TRIAL. AND I HAD ASKED HIM NOT TO ASK ME TO PLEAD GUILTY ON MY CASE AND THAT PIECE OF SHIT LIL SNAKE WEASELED ME IN TO SIGHNING MY TRIAL RIGHT AWAY. HE HAS NOT DONE ANYTHING FOR ME. AT THE BEGINNING HE TOLD ME THAT THE SOCIAL WORKERS ARE TRYING TO USE EVERYTHING AGAINST ME AND THAT ALL THE ALAGATIONS WERE NOT JURISDICTIONAL. SO HOW IN THE HELL CAN A SOCIAL WORKER TAKE MY DAUGHTER AWAY FROM ME PLEASE HELP I LOVE MY CHILDREN.


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