CPS wants my medical records!?

A place to discuss the many medical issues that may come up during the course of a CPS case.

Moderators: family_man, LindaJM

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

CPS wants my medical records!?

Postby Tsundere » Sat Sep 01, 2012 7:54 pm

Here in MD during my current battle with CPS, my worker wants me to sign over access for them to gain all of my medical records from my many doctors.
The worker claims "it's to help eventually reunite you and your child."
I don't believe them for one moment. They have lied and omitted important information when speaking with me, several times, and during court.

I have been getting legitimate and fully legal treatment by my doctors for years. None of my health issues have impacted my ability to raise and care for my child, nor has that issue ever been questioned or raised (yet).
I am greatly concerned that they only want access to my medical files so that they can try to dig up something, twist it around, and use it against me.

I'm worried that if I do not voluntarily grant them access to my medical files... That they will once again try to use that as a way to accuse me of "not cooperating in my child's treatment", and declare as such in court, with out telling me... again.

Thoughts? Ideas?

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Sun Sep 02, 2012 5:42 am

Tsundere wrote:I'm worried that if I do not voluntarily grant them access to my medical files... That they will once again try to use that as a way to accuse me of "not cooperating in my child's treatment", and declare as such in court, with out telling me... again.

Thoughts? Ideas?


Your suspicions are spot on. However.... it all depends on your situation and what they are a investigating. Do they need to know you got herpes two years ago? No.... it doesn't affect your parenting. Do they need to know you were suicidal last year an committed to a treatment facility for 6 months? Yes.... that affects your parenting. Still, they absolutely do NOT need your entire medical record!!!!!!! You have a right to your privacy! If there is no allegation of any medical/mental health condition that adversely affects your ability to parent, then they are just fishing for crap.

Ask them to put in writing SPECIFICALLY what they need to know for you to get your child back. I'd love to hear this. LOL
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Sun Sep 02, 2012 1:43 pm

Thank Eljay. They haven't given any basis for really needing this info. The worker just suddenly called me one day, wanted to know all the meds I'm on, what each of them are for. If they want proof if my medications are legit, then that's what my prescription bottles are for!
There has been no discussion or questions on if I'm fit enough to be a parent, or if my medical issues impact my ability to raise my kid. They really just randomly called to ask me about my meds, which raised a big red flag for me.

My child won't even be back home, living with me until around April at the earliest. So there is no reason for this sudden investigation.

If they are hoping to find something in my past to use against me, then perhaps it would be best for them to take this to court, and have a judge decide if my health concerns hold any baring on my child's current treatment?

I'd like to make it harder for them to try and discriminate me, not make it easier.
None of my health issues are contagious to my child, most of what I'm afflicted with, was caused by a car accident where I was NOT the driver at fault. I am not, nor have I ever been addicted to drugs.
My only concern is... that with ALL chronic pain patients, doctors recommend that you see a therapist, just simply to help you adjust to your new life of being in pain, not being able to work, or what have you.
And some of my pain meds are indeed controlled substances, some narcotics. Even though they were prescribed to me by a Pain Management Specialist I still fear they will try to accuse me of being a "drug addict".

I'm worried that even doing everything exactly right, just as my doctors have told me over the years, will still be used against me by CPS.

How can I tell this CPS worker "no", in so many words? I don't want to invite the idea of them taking me to court over it, I don't want to speak as if I'm being nasty or not complying with them.
There is zero point in asking them why they feel this information is necessary, because they will just lie.

Should I call my doctors on Monday to inform them of what's happening, and that I do NOT want my records disclosed to ANYONE.

Would allowing the CPS worker to see my prescription bottles, with my name on them be Okay? (just as long as I didn't allow them to see who the prescribing doctor is) or do you think even that much would be a mistake?

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Mon Sep 03, 2012 6:31 am

CW: We need your medical records. You will have to sign a consent form.
You: I don't understand how that information impacts my child.
CW: It will help get your child back faster.
You: How will it do that?
CW: I will help the investigation.
You: Your investigation ended when the service plan started.
CW: Well, we still need it.
You: The court hasn't ordered it.
CW: This is just standard, everybody has to do this.
You: It's not in the court orders.
CW: Are you refusing?
You: No... just asking for someone with authority to validate your request because our family privacy has been violated enough already.
CW: Are you going to give me the form or not?
You: I'll consider it.
I'll think about it.
Let me get back to you on that.
I'm going to check with my lawyer first.
Could you send me the state law which states that I must provide you with my medical records?
Please put your request in writing.
Put in writing that I'll get my child back within 30 days without exception and I'll consider consenting.
When do you need it by? (not that you'll give it)
Next time we go to court, let's clarify with the judge.
You haven't explained how this impacts my son. I decline.
My son's health should be your concern, not mine.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Mon Sep 03, 2012 2:41 pm

Thanks! I can just picture my CPS worker seething with anger if I had such a discussion with them.
I think I'll call them in a moment (I know they aren't open, holiday and all, but I have the time to do it now) but to leave a message that right now I don't feel I have the proper information to make a decision about signing the medical form request at this time. That I will have to learn more about it and get back to her.

Or something to that effect.

Which is all true. I don't know enough about the situation right now and I intend to keep learning more.

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: CPS wants my medical records!?

Postby family_man » Tue Sep 04, 2012 5:34 am

Another thing you have to be careful about, especially with regard to controlled substance pain medication, is the accusation of "doctor shopping." If you get such presciptions from multiple doctors, you have to make sure that every doctor know what the other doctors have already prescribed. There are a lot of oxycontin addicts out there who get multiple prescriptions that way, and CPS can then legitimately claim that this adversely affects their parenting.

CPS needs to spell out in writing what their medication concerns are. At that point, you may decide to release only that information that specifically addresses those concerns. However, you are not required to release anything to them without a court order. They already have access to your children's medical records, if they have custody over them.
Disclaimer: I am not an attorney, and this is not legal advice.

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Tue Sep 04, 2012 1:40 pm

Exactly, since the doctors have had me on such pain meds for many years, I've dealt with concerns about "doctor shopping". So no, I don't have a history of going from one doctor to the next to get these meds. The doctors I've had for the past several years were all the same, and my previous prescribing doctor (once he stopped dealing with narcotics) refereed me to my pain specialist and that's the only person I've continued to get the meds from for years (aside from emergency hospital visits). Everything is totally on the up and up! =)

If CPS wants proof that my meds are legit from doctors then they can get their court order for ONLY that, and I will allow myself to prove to them that yes, all my meds are in fact, legal. But I have NO intention of giving them access to my full medical records/notes EVER. It's none of their business. I've haven't tried to kill myself, haven't threatened to kill myself, no history of me abusing my child, etc. Did I do the responsible thing and talk to doctors about any concerns I may have had? Yes, I certainly did.

I'm worried that even having a therapist in the past (regardless of the reason) is enough for them to try and accuse me of something.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Tue Sep 04, 2012 1:59 pm

Remember that you can also be very specific on your medical releases, i.e. "Dear Therapist: You may speak to caseworker Mary Smith regarding your assessment as to whether you have any concerns regarding my ability to be good parent to my child Emily. This authorization is good from 8/1/12 through 9/30/12."
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Lawyer not contacting Child.

Postby Tsundere » Wed Sep 12, 2012 3:53 pm

We have an up and coming court case, and not a single soul has told me what this court date is about (not that it would matter for they would just give me incorrect information and withhold important information).

My child has her own lawyer, appointed by CPS/DSS. But her lawyer still has not contacted my child to speak with her. She only has a matter of days left.

I believe, from what my child has told me, that this court date is another custody hearing.
Which makes no sense to me, as my child is suppose to remain in long term in-patient care until next year! If she doesn't remain in state custody, then NO facility will allow her to stay, and get any diagnoses/treatment which she needs, due to money. In this state, unless you are made of millions of dollars, the only way to get the level of care she needs, is for the state to pay for it, WHILE in the states custody.

Is it normal for a lawyer to wait until the last second to speak to a child about a custody hearing? Assuming this lawyer of hers even shows up in court.
My daughter is very distraught and worried. She doesn't want to be put into foster care, and she doesn't want to have to go live with her bio-dad. And she wants to have the ability to make sure that the judge and everyone else knows this.
She is certainly old enough, for a judge to listen to her.
But she needs her own sound defense in order to fight CPS/DSS.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Lawyer not contacting Child.

Postby Eljay » Thu Sep 13, 2012 9:34 am

Sadly, most court-appointed attorneys/GALs give you about 5 minutes of attention prior to a hearing. If she's old enough to articulate her needs, she should put them in writing so that there is no misunderstand, so that she does not leave anything out. She may not be given the time to speak in court. She should write a letter to the judge that will be given to her attorney, then her attorney can submit it at the hearing to the judge as testimony. It really is the best way to communicate her needs. I don't know that it needs to be done formally, since she is a minor, but if you really want to be safe, she should follow a format similar to this and have it notarized:

http://fightcps.com/2010/12/22/how-to-w ... the-court/
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: Lawyer not contacting Child.

Postby Tsundere » Thu Sep 13, 2012 11:30 am

Thanks again Eljay. Unfortunately if my child writes a letter, it will have to be something she does alone, and couldn't be notarized. Since she's living at an inpatient facility and they can only accompany me to see my kid at most, once a week, with me giving several days notice. And this court date is coming up after the weekend.

But I will suggest it to my child, so that the kid has something to hand the attorney in court, showing my child's personal concerns and wishes, even if it's only hand written. I don't know if they will allow my kid to print something out. Everyone seems to be doing their best to prevent my child and I from doing whatever needs to be done, and having a fighting chance at reuniting. They even lied to her and told her that I would NOT be in court, to try and create another rift between my child and me and make my child think that I didn't care enough to come, and didn't care about my child.
We aren't allowed to talk about CPS/DSS, not allowed to talk about past meetings that my kid has questions about, my kid isn't allowed to talk about their therapist, not allowed to mention her bio-dad, or talk about family, she's still not even allowed to talk to family aside from myself and her dead beat bio-dad (whom until a few weeks ago never even wanted her and like to pretend she didn't exist).
I'm not allowed to tell my child "no, I didn't give you up cause I don't love you anymore, CPS/DSS TOOK you from me".
I can't even advise my kid fully why it's a good idea for my kid to remain calm in court, etc.

They've told me nothing of my kids "treatment" aside from the fact that my kid barely see's the therapist and that they are just drugging her up, instead of diagnosing and treating her.

Even if my child writes down all their concerns, I highly doubt anyone is going to take my kid seriously or give a care what my kid has to say or feels.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Lawyer not contacting Child.

Postby Eljay » Thu Sep 13, 2012 11:47 am

Tsundere wrote:Even if my child writes down all their concerns, I highly doubt anyone is going to take my kid seriously or give a care what my kid has to say or feels.


I hear you. This CPS system sucks. There are a lot of problems. But please, accept that there *are* good judges out there, even some good social workers. Our kids never left my home and CPS was out of our lives quickly because of a good, honest caseworker who was willing to tell the truth and stand up for us. We also had two good out of three judges (the third was new and spineless). They are human too. Write a Declaration of Facts yourself for the judge and all to see. Tell him all of the things you just said. The trauma of being taken from your family is nowhere near as damaging as the thoughts that fill a child's mind as to the reasons that mom or dad didn't want them, chose drugs over them, didn't love them.... sometimes it's true, but even when it's true, a child should never be told anything of the sort.

CPS oversteps their authority all the time. They very well may NOT have the right to restrict your communications like this... let the judge decide. Here's the form... make it about love and comfort for your child.

http://fightcps.com/2010/12/22/how-to-w ... the-court/
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

fatherofthree
Posts: 170
Joined: Thu Nov 10, 2011 1:15 pm

Re: Lawyer not contacting Child.

Postby fatherofthree » Tue Sep 18, 2012 1:50 am

I have seen court appointed lawyers spanked big time by the judge for not seeing their client / the child. They want the free hand out, but just sadly go with the flow.
DISCLAIMER: I am not an attorney and am not providing legal advice.

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

How to prevent someone from seeing your child?

Postby Tsundere » Fri Dec 14, 2012 9:16 am

I'm back again, hoping that someone can advise me.

My child has now moved from the mental health facility into foster care, so my child is still under the legal guardianship of the state/government.

I need to know what, if anything I can do, to prevent certain people (from the other side of the family) from being able to speak with or see my child.
I've raised this issue many times and voiced my concern to an array of people whom have been working with me and my child but they don't really seem to do much about it, if anything.

These family members are already NOT allowed to speak with or see my child, they know it and the rest of that side of the family knows it. Yet when the bio-dad takes my child for unsupervised visits he's often putting my child on the phone/skype with other people, or bringing my child to meet with other people from his side of the family. They are all basically strangers (including her bio-dad) who has only been in my child's life for 2-3 months now.
DSS/DHS and CPS have supposedly told the bio-dad many times that he's not allowed to do this.

Every time these two certain extended family members see or speak to my child, they end up upsetting my kid.
For minutes or even hours at a time spitting out lies to my kid and saying malicious things about myself and her non-bio dad. My child knows the things they say are lies and are ludicrous, but that certainly doesn't make my child feel any better. The bio-dad even tried to discredit my professional career by speaking slander to my child, coming up with some wild story, so my child occasionally asks me if what their bio-dad told them is true.
My child hates them, doesn't like talking to them, but my child is also confused because they keep buying my child gifts (my child doesn't yet understand that smothering one with material possessions does not equate to making one a good person.) On top of this I've seen many times, these two people being abusive physically and emotionally to their own adult children, one of them even nearly killed their first born child years back, simply because the child was crying.

Every time I talk to the state workers about this matter they just say "Okay we'll talk to the bio-dad again and remind him that those people aren't allowed to talk to or see your child". Which obviously doesn't work.

My child needs to HEAL, not get emotionally assaulted by external family members.
What more can I do?!

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: How to prevent someone from seeing your child?

Postby Eljay » Fri Dec 14, 2012 12:10 pm

File a Restraining Order on behalf of your child, or Order of Protection, or whatever they call it in your state. I do NOT know if you would do it through family court or CPS court since custody belongs to the state at the moment. Alternatively, if it's already in the court orders, then you would file an Order to Show Cause Re Contempt (as to why he shouldn't be held in contempt). Be sure to let the judge know that you've raised this issue repeatedly with CPS (who *SHOULD* be enforcing their "protective custody") but they've not responded adequately.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

User avatar
monkette31
Posts: 1657
Joined: Tue Oct 05, 2010 1:12 am
Location: Los Angeles, California
Contact:

Re: How to prevent someone from seeing your child?

Postby monkette31 » Sat Dec 15, 2012 1:39 pm

How are the visits with the bio dad going? Are they enjoying each other?
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Advise for upcoming court date? Grave concerns.

Postby Tsundere » Thu Feb 07, 2013 12:48 pm

I have another court date coming up, to reassess my child's placement.

My child was recently moved from a live-in (diagnostic) mental health facility into a therapeutic foster home.
The doctors at the facility decided that my child's actions (while at the facility) were not severe enough to warrant placing her in a more long term residential mental health facility and was instead placed in a therapeutic foster home.
After the initial "honeymoon" period at the foster parents house, my child has since begun to display more of their troubling behaviors (like my child did while they were living at home with me). It has gotten to the point where my child is threatening their foster parent, both with physical harm and my child claiming that they will tell lies about their foster parent in order to get the foster parent in trouble (kicked out of the program/loose their job as a foster parent). My child is often volatile in the foster home and my child has begun harming (cutting) themselves again. In other words, my child is beginning to relapse in their treatment and it is quickly getting worse.

Foster parent is bringing my child to a doctor to have the cuts looked at, documented (photographed) and to asses my child's mental state (to see if she is suicidal again). If my child's mental state is deemed concerning enough, then my child may soon be readmitted to a live-in mental health facility.

The problem is partly with DSS (DHS) and the other biological parent.
The other biological parent (who until very recently had no part of my child's life and wanted nothing to do with my child for nearly 14 years).
Suddenly, that biological parent is petitioning in our up coming court date, to gain full custody of my child and to have my child live with them 24/7.
In short, this is a problem because that biological parent is not ready to be a parent 24/7. They do not understand what life is like with my child and do not have the necessary skills to suddenly have my child live with them 24/7.
If my child is allowed to live with this other biological parent 24/7 it will cause a lot of mental/emotional harm to my child (they are very dysfunctional).
Myself and my child's foster parent have both seen the damage caused during even short visits with the other biological parent.
Aside from having a full time job, the other biological parent is still currently very unfit to raise a special needs child.

I have the foster parent and the foster parents social worker on "my side". For now, we want my child to continue living in foster care for my child's own good.
DSS (DHS) only agree's with this to a certain extent. For the next court date they are recommending that my child stays in foster care, but they want my child placed back with family ASAP. They are likely to choose the other biological parent for this because they have a full time job, whereas I am disabled (even though my child has only lived with me her entire life).

What can I possibly do to help persuade the judge and DSS to rule in favor of keeping the child in foster care (for now)?
I am very concerned that the other biological parent (and their private lawyer) have built a solid enough case to win custody of my child.
If the other biological parent gains full custody it will be very bad and harmful to my child.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Thu Feb 07, 2013 2:41 pm

I combined all of your topics into one... it greatly helps to have them all in one thread.

Have you submitted a Declaration of Facts to the court for prior hearings to get your story/opinion into the records?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Thu Feb 07, 2013 3:14 pm

Eljay, no I have not, but I believe my child's foster parent recommended to me today, that I do it (or something like it).

It's not something I've ever done before and i"m not sure of the process... if there's any set way I have to prepare it and how/when to submit it.

I have little proof of anything, aside from a few old emails from the other biological family member, where they put themselves in a negative light as far as being a parent is concerned. Other then that it's things I've seen over the years (illegal things) and things they have orally spoken to me, and things that my child has said to me about the other biological parent.
It is A LOT of important things.
Though I'm not sure how to present all that information and limit it to something the size that the judge will bother to read.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Thu Feb 07, 2013 4:16 pm

An example of a general format to follow is here:

http://fightcps.com/2010/12/22/how-to-w ... the-court/

Generally speaking, you need to stop fighting with the case workers because they have proven themselves to be your adversary. The judge needs to hear the facts of your case, what is RELEVANT to making a decision. State things in a "factly" manner... factly is not a word. LOL Just keep things to the facts, not opinions, not drama, not hysterics.

Say things like...

-- Daughter would not be safe with father because he does not have the experience and education to deal with her issues. He stated to me in 2003 that he "had no clue how to handle her."

-- While daughter has continued to display symptoms of her mental illness, moving her from the home she currently resides in will create a significant upset in her stability and lead to greater emotional turmoil.

-- Although child may benefit from a relationship with her father, her issues require the care and attention of specialized care which he is unable to provide due to his work schedule (which I understand to take him out of the home 60 hours per week).

Stuff like that. You may be expressing opinions, but state them in a well-supported manner. Does that make sense?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Thu Feb 07, 2013 4:43 pm

Yes it does make complete sense.
I plan on just stating facts, as short and sweet and to the point as I can.
I have no interest in a "he said/she said" argument.

For example:
- I found a large bong in the other biological parents kitchen one day (they did drugs in the past and might still do them occasionally now).
- The other biological parent also recently introduced our child (against permission from DSS/DHS) to an old druggie friend of theirs and told my child "this is so and so, he wanted to have sex with you when you were 2 years old."
- They also have repeatedly broken DSS/DHS rules by taking our child to talk to on the phone or meet with in person, people our child was not allowed to have any contact with. DSS/DHS has been told about this, many times, but they don't care. All they do is remind the other biological parent that they are not allowed to do that.
- The other bio-parent took our child to spend the night at their house for Christmas under the guise that it would just be at their house alone with our child. What they actually did was take my child to a full on family reunion where she was introduced to even more complete strangers (family members), once again lying to DSS/DHS and lying to the foster mother.
- My child has also stated things such as "If I go to live with the other bio-parent and they can't handle me, then they will just hand me back over to the state and wash their hands of me."

Are things such as the above (and many more things) permissible in the Declaration of Facts?

I have a lot of work to finish doing for all of this and the court date is coming up in a matter of a handful of days.

Tsundere
Posts: 13
Joined: Fri Aug 24, 2012 12:37 pm

Re: CPS wants my medical records!?

Postby Tsundere » Thu Feb 07, 2013 4:49 pm

To add, I don't really debate with the social workers anymore. When I talk to them it's just to keep them informed of things on my end and when the other bio-parent has broken their rules again.
The social workers (except for the foster moms social worker) take no heed in what I've told them and don't document any information that I give them.
The foster parent was actually shocked when I told her that DSS could care less about what was going on and the emotional harm being done to my child by the other side of the family. All DSS/DHS really care about for the most part is which biological parent has the most money, and that's who they will send my child to live with.

I'm hoping the plan to document my child's behaviors at the foster parents house and the severity of them, will be enough to convince the other DSS/DHS workers that my child is not yet well enough to go back into a "regular" setting with family. They won't listen to me, but they do at least take into account what the foster parent documents.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: CPS wants my medical records!?

Postby Eljay » Fri Feb 08, 2013 3:46 pm

I have to say, you're driving me nuts with this gender-neutrality. Just say mom/dad/daughter/son... it really doesn't matter. Using child's name is even MORE important (not that you'll do it here) but when you do want to make it clear that this is YOUR daughter and she's a real person by using "my daughter, Sally" and "Sally needs me, her mother."

Tsundere wrote:- I found a large bong in the other biological parents kitchen one day (they did drugs in the past and might still do them occasionally now).


More like: "On Oct. 24, 2012, upon dropping daughter off, I observed a marijuana bong in the kitchen. Father has a history of drug use and the easily accessible device is an indication that he is still using. Presence of drug paraphernalia and, presumably, drugs can be extremely detrimental to Sally who's emotional immaturity leads her to be easily influenced. It is critical to her successful recovery that she be provided clear boundaries with regards to drug use. Father is unable to provide a safe and appropriate environment for the child.

- The other biological parent also recently introduced our child (against permission from DSS/DHS) to an old druggie friend of theirs and told my child "this is so and so, he wanted to have sex with you when you were 2 years old."


WTF????????????? To introduce them is bad enough, but to REPEAT that to her????????? EWWWWWWWW!!!!!!!!!!!

- They also have repeatedly broken DSS/DHS rules by taking our child to talk to on the phone or meet with in person, people our child was not allowed to have any contact with. DSS/DHS has been told about this, many times, but they don't ...


... enforce their own policy which was made in an effort to protect the child. There are no consequences for father defying DSS guidelines, other than daughter being exposed to individuals who have been deemed as dangerous.


- The other bio-parent took our child to spend the night at their house for Christmas under the guise that it would just be at their house alone with our child. What they actually did was take my child to a full on family reunion where she was introduced to even more complete strangers (family members), once again lying to DSS/DHS and lying to the foster mother.


Well... if they were breaking DHS policy, then yes. If he just decided to go visit and had the right to, even changed his mind, then you're not going to look good. ESPECIALLY if there was no harm caused by her meeting family members.... I think referring to family members as "complete strangers" will NOT be a wise move to make... everyone deserves to know their family, with the exception of clearly identified dangerous individuals.

Are things such as the above (and many more things) permissible in the Declaration of Facts?


Yes, as long as you focus on the things that are going to have an impact on the judge. Taking her to a strip club.... certainly something the judge is going to react negatively to. Taking her to a family reunion.... not such a horrible thing. Taking her to a family reunion AT a strip club? Not okay.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


Return to “Medical Issues”

Who is online

Users browsing this forum: No registered users and 1 guest