Motion Bank

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Marina
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Motion Bank

Postby Marina » Fri Jan 22, 2010 10:13 pm

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http://www.ndcalfpd.org/Briefbank.htm

Briefbank - Motion Bank

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Gdebski35
Posts: 9
Joined: Tue Jan 10, 2012 1:24 pm

Re: Motion Bank

Postby Gdebski35 » Wed Jan 18, 2012 10:59 pm

here is a motion that I plan to file in court to vacate the Order of Temporary Custody that was used to steal my child from my arms in his own hospital bed! . The caselaw is CT so you may need to use your own states laws and case laws. If you are PRo SE , filing this motion should get the kids home especially if you have already been doing what you were supposed to be doing and were ordered to do on the original OTC (the specific steps); If no steps were ordered you can take out the beginning part that is lettered (a.b.c. etc) and go ahead with the rest of it.


DOCKET NO. XXXXXXX
: SUPERIOR COURT FOR HARTFORD
:
IN RE: AM : JUVENILE MATTER
______________________________: January 1, 2012


MOTION TO VACATE ORDER OF TEMPORARY CUSTODY


Pursuant to Connecticut Practice Book § 33a-6 and Conn. Gen. Stat. § 46b-129, Petitioners:DD and FM parents of AM respectfully requests this Court to vacate the Order of Temporary Custody.
In support of this motion, petitioner asserts the following:
1. Pursuant to Conn. Gen. Stat. § 46b-129 (b), an Order of Temporary Custody may be granted if there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or physical injury or is in immediate physical danger from the child’s or youth’s surrounding, and (2) that as a result of said conditions, the child’s or youth’s safety is endangered and immediate removal from such surroundings is necessary to ensure the child’s or youth’s safety.
2. Pursuant to Conn. Practice Book § 32a-3 and Connecticut case law, the moving party of the motion to vacate the Order of Temporary Custody must prove by a fair preponderance of the evidence that the reasons for the order no longer apply. In the Matter of the Minor Child Alisha R., 2002 Conn.Super. LEXIS 4033, at *6 (December 3, 2002). (Court granted the motion to vacate the Order of Temporary Custody where parents were cooperating with DCF, there were no other incidents of abuse or harm to their children, and the fair preponderance of the evidence proved the order was no longer to be applied to the child)
3. (Parents of AM), assert that AM is not suffering from serious physical illness or physical injury in which his safety is endangered and that the child is not in any immediate danger from his surroundings. .
Consequently, Parents assert that there has been a material change in circumstances which mandates the Court to vacate the Order of Temporary Custody.
5. Petitioner has been exceptionally cooperative with DCF, and complied with all of the steps articulated by the Court; Namely:
a. Petitioner has kept all appointments with DCF and has made her whereabouts known to DCF and her attorney
b. Petitioner has visited the chiild as often as permitted by DCF;
c. Petitioner has maintained adequate housing and legal income; d. Petitioner takes care of the childs physical, educational, medical and Emotional needs.
e. Petitioner has signed releases requested by DCF.
f. Petitioner has learned to provide proper care and nutrition for the child and has demonstrated a willingness to provide that care
. g. Petitioner has secured the services of Birth to Three to provide in home services for the child.
h. Petitioner has signed all releases allowing DCF to communicate with service providers to check on attendance, cooperation and progress toward identified goals.
6. Contrary to what DCF has reported; AM is not suffering from a serious physical illness or physical injury in which his safety is endangered. AM has seen his pediatrician Dr. TD on ... and is up to date with his immunizations; weighs 19 pounds and is 31 inches tall.. A.M is gaining weight and growing well; his pediatrician has no concerns regarding his Failure to thrive diagnosis and Birth to three services has been secured. These services will commence as soon as A.M. is returned to the family home.
7. Parent’s home will provide the child with a secure, safe, attentive, and stable living environment. The child has his own room with a crib, plenty of clothes and a variety of toys and books; both educational and fun. There is more than an adequate supply of food in the cupboards and the home is kept very clean. Safety gates are in place in front of all stairs; unused electrical outlets are covered with safety plugs, and lower cabinets and drawers have safety locks in place. There are siblings over the age of 18 in the home that are very willing and able to assist in the supervision of AM as well as his parents.
8. Removal from his parent’s home is not necessary to ensure child's safety.
9.. Mother and Father have a very strong bond and loving relationship with AM. AM is also very bonded to his siblings JM, JD and AD, and they are very loving toward him,
10. According to DCF , the agency is prepared to send (AM) directly home to his parents after all safety concerns have been removed and there are no medical concerns.These issues have all been addressed by the parents. According to case practice law, If it is clear that the reasons for the temporary custody no longer exist, DCF itself has an obligation to move to have the OTC dissolved, And reunite the family. In re Juvenile Appeal (83-CD), 189 Conn. at 291, 455 A.2d at 1321. .
11. It is in the best interest of the child for the Court to vacate the Order of Temporary Custody allowing for reunification to occur at this time.

WHEREFORE, Petitioner respectfully requests this Court to vacate the Order of Temporary Custody.









O R D E R

The above motion having come before this Court for consideration, it is hereby ordered

GRANTED/DENIED.

________________________________
Superior Court Judge



CERTIFICATE OF SERVICE


This is to certify that a copy of the foregoing has been delivered to

AAG
DCF WORKER
Mother of child
ATTY of mother
Father of child
ATTY of child
ATTy., Gardian Ad Litem
Atty for child

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: Motion Bank

Postby Daruma » Thu Jan 19, 2012 5:27 pm

Thank you for posting this. Maybe it will be useful for other parents here, too. Please let us know what happens after you file. I would love to hear the outcome of your motion--wishing you all the best!
These are my personal opinions only. They are not legal, medical, or financial advice.

Gdebski35
Posts: 9
Joined: Tue Jan 10, 2012 1:24 pm

Re: Motion Bank

Postby Gdebski35 » Wed Jan 25, 2012 9:21 pm

Outcome of the motion that we filed: We have our son home!!

I can't believe I am looking at him and staring at him all day long. He is afraid that if we walk out the room he will be left so we are trying not to make it stressful on him. They really did a number on him. He is finally here though and reading these stories and knowing the fight we had partaken in with cps; we were not sure when he would be here. We fought tooth and nail; filed our papers in court and got him back!. CPS workers are very clever; do not talk to them especially if your in a hosptial setting. Your guard will be down and you will be inclined to talk; that was my mistake. Yale and other hospitals have cps spies in them called child abuse experts; THEY LIE, they have too in order to have a job. THey said my son would be in danger of DEATH if he came home!!! Outrageous. I can't even believe the fiasco they have put us through. Our son did worse in foster care as he has FTT and they thought he would just gain weight if they took him away from me. Well he didn't; he lost weight and ended up with a diaper rash that was HORRID; I call that abuse and neglect; There thinking is not logical as they told the judge that it is medical neglect but at the same time the baby went to the drs three times in three months which is proof he has some type of problems; YOU WILL NEVER WIN WITH THESE PEOPLE> THEY USE EVEN GOOD THINGS TO "PROVE" THEIR POINT> THEY DO NOT FOLLOW NORmal LOGIC!!. I
hope to file a lawsuit and win against them.

THey reeked havoc on our lives and damaged our family. My husband who has never had depression had sunk very low into depression start from the day they stole our baby. THey convinced us to leave the baby in the hospital for observation even past when he was healthy; that should be a red flag for anyone. I hate them for what they have done. I am blessed to have my son back though. Going through supervised visits with him was very strange and unnatural to say the least. What made it fun though was that i brought his favorite toys and foods and put in small containers he loved it and looked forward to them every visit. He is almost two yrs old and such a delight. :D

THis site has much good information; Use it people!! Get your kids home; and tell everyone you know how bad CPS and DCF are. THey do not care about children at all; just money. It is sickening. I pray my son can forgive me for what they forced us to do to him. My husband would come home every night saying what monsters they are and he is right. Finally my family is whole again. Physically yes, not emotionally though. I pray that you all get your children back. I worked hard and did something EVERY DAY to get my son home. It was a lot of work, but it paid off. I was focused and it took 6 weeks; they had him for 6 long weeks; 10 days in foster care and 4 weeks in relative home. He is finally ours again.!! THe judge said to cps..do you have anything else here as there was nothing there for her to call neglect!!! :shock: I love it when a judge can put cps in its place. :mrgreen:

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Eljay
Posts: 2645
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Re: Motion Bank

Postby Eljay » Thu Jan 26, 2012 8:24 am

Oh YAY! I am SOOOOOOO glad to hear he came home! It is so important for EVERY FAMILY OUT THERE to have cases like yours go through the courts! The judges need to see how often CPS lies to steal children so that they will start catching on to their evil ways. During our LA County fight, when I finally got my hands on the petition, I started telling my lawyer "that's a lie, THAT's a lie, THAT'S A LIE... this thing is FULL of lies!" and he said, "yeah, everyone knows that they lie... don't worry about it." So.... as long as you call them on their lies and judges get to see it, then the eventually, hopefully, they will start to give parents a chance to speak up early in their cases and stop letting CPS drag things out for week$ and month$ and year$$$$$$$.
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 ----<>----<>----<>----

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: Motion Bank

Postby Daruma » Thu Jan 26, 2012 8:58 am

Wow! The motion worked! I am thrilled for you!

This is amazing. Congratulations. Good job; very good job.
These are my personal opinions only. They are not legal, medical, or financial advice.

hurtbutnothelpless
Posts: 21
Joined: Fri Jan 13, 2012 11:24 am

Re: Motion Bank

Postby hurtbutnothelpless » Sun Apr 08, 2012 6:44 am

If I FILED A MOTION LIKE THIS I WOULD BE LAUGHED OUT OF COURT-

I AM LOOKING FOR A LEGAL DOCUMENT THAT WILL ALLOW ME TO GET MY DAUGHTERS PSYCHE RECORDS FROM HER DOCTOR, THEY ARE REFUSING TO LET ME HAVE COPIES... THEY ARE REFUSING TO TELL ME ANYTHING AT ALL. SHE IS ONLY 3.

**I WANT TO CONGRADULATE THE MOTHER ON GETTING HER CHILD BACK USING THAT MOTION, THAT IS AWESOME.

I AM BEING CHARGED W/NEGLECT BECAUSE "I" LEFT HER IN FOSTER CARE FOR SO LONG- NEXT MONTH, AND THEN MY RIGHTS ARE GOING TO BE REMOVED IN AUGUST.

hurtbutnothelpless
Posts: 21
Joined: Fri Jan 13, 2012 11:24 am

Re: Motion Bank

Postby hurtbutnothelpless » Sat May 26, 2012 12:31 am

I have tried just about everything on this site and nothing has helped- nothing. Why do you give false hope to people and then when they call you on it you get defensive? In my opinion, sometimes cps can't find anyone to adopt a child they have and the only thing they can do is to give the child back to parent before they lose more money. In my opinion if cps can adopt a baby out they will, regardless of what the parent does.

The Sheriff
Posts: 31
Joined: Fri Oct 12, 2012 4:14 am

Re: Motion Bank

Postby The Sheriff » Mon Sep 02, 2013 1:59 am

the url for motion bank does not work = anything else??? :(

kiddydat
Posts: 6
Joined: Thu Apr 02, 2015 9:33 am

Re: Motion Bank

Postby kiddydat » Wed Apr 08, 2015 11:28 am

Thanks for posting the motion, I hope you do try to be part of a class action lawsuit!

hurtbutnothelpless ; I would suggest contacting the doctor directly and verifying your, and your child's, identity for verbal updates. If you want hard copies then releases of info. will have to be signed.


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