not so new newbie /coerced no contest plea

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Jojo2
Posts: 23
Joined: Fri Mar 30, 2012 6:38 pm

not so new newbie /coerced no contest plea

Postby Jojo2 » Thu Apr 19, 2012 3:32 pm

My first day of trail to contesting the false allegations my court appointed attorney said that"this is going to be your bloodbath & your daughter is going to be called to the stand first. You dont want her hurt anymore do you?" She suggested that I plead no contest to having a chronic and serious substance abuse problem that impairs my ability to parent 'and all other allegations will be dropped. I have big history with cps. Its explained sorta in the newcomers -newbie not so new-. I plead no contest, she is in temp. Guardianship with her paternal grand mother and they are not even offering me services. They are going to start tryind to terminate my rights on review in couple months.Cant I appeal, or take it back. What do I do ?There is so much more, but bottom line is I lost two children in 1996 behind my drug addiction, and had cps involvement with this child. I have been clean off meth since the closing of my last case in 2005, that will he 7 years come June first. My daughter was happy and thriving untill this latest attack of the evil entity called cps. Please read my newcomers post -newbie not so new-. Thank you for any time you can give me.

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

Re: not so new newbie /coerced no contest plea

Postby Eljay » Thu Apr 19, 2012 5:35 pm

Don't ever, EVER plead to something you didn't do! You are clean and have been clean for YEARS! Your baby needs her mommy!

The state CAN NOT TPR if granny won't/can't adopt... they just do 'legal guardianship' instead of adoption... maybe you missed my other post. Here is a link to the CA Welfare code that says:
Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
(A) The child is living with a relative who is unable or unwilling
to adopt the child
because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).


http://law.onecle.com/california/welfare/361.5.html
and
http://law.onecle.com/california/welfare/366.26.html

Tell your atty to read the code... they can NOT TPR as long as Granny is unwilling to adopt!
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.

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