Mental health disabilty and right to raise children

[SnowBall]

Can then existence of a mental health issue be cause to terminate parental rights, for those actively in successful treatment?

For example, say a Mother has Bipolar disorder. She was untreated and this let to some issues of her not being able to tend to the needs of the child. CPS became involved and claimed the mother had neglected the child. A case plan is agreed to, which calls for therapy and medications. The mother complies. She responds well to therapy and medication. Her symptoms improve. Now, she still has bipolar disorder, but it's treated and she is willing to continue treatment. Can she lose her parental rights do to merely having a mental disorder? Is this a form of discrimination against a person with a disability?

[COPE]

PLEASE HELP! My daughter is in this situation right now. Probable cause hearing is Monday. We are terrified. She has been being treated and attending counseling for the past 8 weeks. All doctors state she has complied and committed to the sessions and is doing awesome. Her soon to be ex-inlaws are in co-hoots with CPS to have the 3 children permanently removed and place in their custody. The future ex-inlaws and her husband are upset because she is filing for divorce. THe husband is very abusive both physically and mentally to her. He is a closet alcoholic. His parents refuse to believe their son is abusive or drinks, despite repeated arrests. What do we do? THey have to give my daughter a chance to prove herself and work a plan? Correct?

Few things to note: There has been no case plan presented to her at this time. The first hearing is Monday. She has had no chance to present her side. Case worker lied the whole week telling her as long as she complied with the safetly plan, all would be fine. She complied, but the husband did not. My daughter is a wonderful mother and has been 100% caretaker of the children since they were born. She is always involved in their school functions and extra curricular activities. There are many many people that can testify to her parenting. Please tell me they have to give her a chance to show and prove herself to the court? We are terrified.

[whosechildrenarethey]

Each case is different and without knowing specifics of your daughter's case I couldn't say. It appears as though CPS had your daughter working a safety plan while the children remained in her care. CPS appears to impose their safety plans as an alternative to removal of the children and court intervention. As far as I know safety plans are entirely voluntarily agreed to by the parent's and consent given by signing the Safety Plan can be withdrawn at any time. With that said, doing so may cause CPS to file a petition with the court to have the children removed. You say she has a probable cause hearing scheduled for this Monday and that must mean CPS is going to file a Petition to have the children removed? Your daughter doesn't have a Case Plan yet because she voluntarily signed a safety plan instead. Case Plan's only come in to play if children are removed and make no mistake that signing one is the same thing as admitting to CPS allegations.

This link may be of some help to your daughter: http://familyrights.us/how_to/fight_cps.html

[COPE]

Thank you for your response. Below are some of the details:

* Domestic violence epsisode Sunday night. My daughter took the children with her to her sisters home. Never any abuse to children, this was the first time something happened in front of children.
*Monday: Dfcs called and said they need to see her and the children
*Dfsc acted as if they were an advocate for her
* She told them she had a TPO and custody of children
*Case worker ignored TPO and said "save that in your back pocket for now, its my rules and I have this under control"
*Case worker said she and husband had to have 100% supervision while with children and each had to agree on the others supervisor
*Son in law would not agree to anyone my daughter offered as a supervisor for her and he would not come up with one for himself
*finally he agreed to a family friend to be my daughters supervisor for Monday through Thursday
* He stated on Tuesday he had a family vacation to beach planned for him and children and they were leaving Thursday
*Daughter expressed concerns about him taking them out of town and out of state
*case worker ignored daughters concerns and said this was her job, she had in under control
*NO SAFETY plan was ever signed no documents, nothing
*Last minute son in law states his brother can be the supervisor for beach trip
*DFCS lets him take them out of state to beach, must return by sunday at 5, kids in own bed at 8pm for first day of school Monday
* I travel to GA to be his and her supervisor for the next week
*Sunday, he does not bring children home and DFCS case worker does not even know where he went in FLA
*WE go to DFCS office to meet with case workers supervisor Monday
*DFCS Supervisor states: case worker misappropriately used her authority and over stepped, he would handle her
*we stated we wanted the TPO to be enforced and asked exactly what were the allegations
* superisor said someone called in "stating my daughter is not suppose to be around children"
*Totally false allegations, no documents have been produced and supervisor stated as far as he was concerned the allegations against her have been negated
*while we are meeting with supervisor, case worker comes in a few hours later and states, its done, we have custody of the children
*TOTALLY DEVESTATED
* They promised children would stay together, this was temporary, they would stay in their own school and in own county
*My other daughter could have taken children but they refused because she is "recently pregnant" Case worker stated "that is not fair to your sister, it would be to stressful".. *** who is she to say that?
**Next day we find out that children school has been redistricted, they are with my daughters in-laws and the son in law has direct access even though he is not suppose to
** NO case plan... NO safetly plan in writing or signed
*Monday is the hearing for probable cause, our attorney has stated they are going for permanent removal and placement with the paternal grandparents


History:
7 years of extreme emotional and physical abuse to my daughter
*my daughter is a wonderful mother, attentive, patient, involved in every aspect of the childrens lives
*March of this year she took extreme beating
* She got TPO, and went to shelter with children
*after 6 weeks he got to her again.. guilting her that the children need their own home, their own belongings etc
*she went back to him
* he was terrible to her saying horrible things
She was very depressed and in a weaken state
*she sought help on night with a counselor saying she was having negative thoughts
*she was hospitalized for 3 days for depression
*medications prescribe and she was released
*she went back in the home

*3 weeks later she expressed to doctor she was not feeling right, worse than before, she was concerned her medications were not the right ones or right dosage
*doctor said to stick through it and give it 6 weeks
*1 week later she had a suicuide attempt in the home..... he had alienated the children against her and was being very cruel. She took a bottle of pills and went to sleep
*THANK GOD he called 911 and she was rushed to emergency room
*since that time her medications have been regulated and she has attended both doctor's ordered therapy and voluntary therapy.. everyday 9-3 for 6 weeks
during this time the children were staying with the paternal grandparents through the week, so she could attend classes and father could work
She has told her husband she wants divorce and its over

additional info: daughter was diagnosed with borderline personality disorder 9 years ago. over the years she has not had to have medications. husband never carried health insurance on her or children, so when she did need treatment he would not allow it. she only got the help she needed when she had a total breakdown from the beating she took. she had post tramactic stress. The DFCS is not happy she continue to go back to him.

Certainly they have to give her a chance to show she is getting away for him and she is strong and stable to care for her children. **one thing to note is the paternal grandparents are in total denial that their son has ever had any problem or done anything wrong

We feel this was totally set up from the beginning. Will she get an opportunity for case plan?

[COPE]

My daughter has always attended to the needs of the children, she has been 100% caretaker up until this past 8 weeks.