FAMILY NEEDS HELP & ADVICE'

Here's the place to discuss how to win in juvenile courtrooms.

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LittleBsMoMMY
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FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Fri Sep 28, 2012 12:11 pm

We just left an emergency custody hearing, my son Brody who is two & a half admitted to me yesterday to being touched by a man in his private area, I asked the CPS to document it, they refused. They admitted in court to my son having visible marks, being dirty & yet the judge says its too soon for Brody to be released back into my care. I am livid, this entire system is corrupted. Any advice, legal help or personal issues would be greatly appreciated! Our next date is set for Oct 17th.

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Fri Sep 28, 2012 3:16 pm

Are you mom or dad?
Who was the man?
Do you mean he's not with YOU and some man touched him?
Is this the foster parent?
Was this during a supervised visit?
Who else was there to confirm what he said?
Emergency custody hearing asking for WHAT?

Waaaaaaaaaaayyyyyyy too little information to know where to point you, but if your child has been removed from you by CPS, your child being abused by someone else (i.e. foster care, etc.) won't automatically bring him back to you, but just send him to another foster care. I would call the POLICE to investigate, not CPS... there is no incentive for CPS to move your child.
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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LittleBsMoMMY
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Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Sun Sep 30, 2012 12:06 pm

I am mom, he was taken from me under false allegations made by some people that are just out to hurt me, they never investigated this at all. He was placed in a foster home 2 weeks ago, that is "who" te man is. All cps told me to do was drug test, and some evaluation. I've done everything & passed with flying colors. I contacted the police department after the visit and they said there was nothing they could do. The hearing was to regain custody, being I haven't done anything, and I have passes there little games they have been playing. Since leaving our court hearing I received a phone call that cancelled my visit for Monday, to me it's a little too much...but all I can do is too continue pushing for him to come home.

The judge in our hearing just said it was too early to release him back to me. And a review is set for oct 17th, he told me to continue doing what I'm doing & to get along with the agency....does this mean he will come home on the 17th? As I said CPS doesn't even know why or what to do. (from what they Are tellin me)

But I want my son back ASAP. Anything???

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Sun Sep 30, 2012 12:26 pm

Call the Chief of Police and them the that his/her officer refused to investigate a disclosure of sexual molestation. If that gets you nowhere, call your state police, then the FBI. Also put in writing, in a CERTIFIED LETTER to the caseworker and the CPS office's director the disclosure and your expectation that he either be returned to you since their investigation proved there was no abuse nor neglect (yes, assert that) *OR* they at least need to move him to a different foster home.

If you can afford an attorney, hire one to write the letter for you. It might be the best $400 you've ever spent.
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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LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Sun Sep 30, 2012 4:28 pm

We have left a message for the chief of police, no return call. We are looking into the state police, ect right now. Thank you. I have also contacted the head of CPS, to get nothing back as well. The supervisor of the office w are working with is extremely rude & is not working in our favor. Our attorney that was appointed to us doesn't do much, they told me to stop asking questions & leave the case alone, to let it work itself out. I am going to write a certified letter right now, I seriously feel like they are just trying to keep him for some reason, there has been no mistreating of my child. He has everything he could ever want an more.

Being the judge said I have to wait till oct 17th, to determine what happens next..if I have done everything they asked, it's just a waiting game for me. But he should come home?

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Sun Sep 30, 2012 8:40 pm

LittleBsMoMMY wrote: I seriously feel like they are just trying to keep him for some reason, there has been no mistreating of my child.


Do you know about the money? All the money CPS is getting for kidnapping your child and keeping him in foster care? And the money for making you do tests, evaluations, classes, etc.??? It's alllllllll about the money.
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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LittleBsMoMMY
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Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Mon Oct 01, 2012 9:46 am

They get money for the evaluations & drug tests?

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Mon Oct 01, 2012 11:46 am

LittleBsMoMMY wrote:They get money for the evaluations & drug tests?


Oh yeah... for every "service" they provide they are getting $ from the federal government. Yes, they make you pay as well if you can afford it, based on their guidelines, but in reality, you don't have to pay a penny... the feds dictate that "CPS must provide services" *NOT* "parents must pay for services." For parents who are on welfare, penniless, unemployed, etc. CPS can not deny them the services necessary to reunite them with their children. Several states specifically state that homelessness and/or poverty are not reasons for CPS to get involved. Still, they are greedy .... not only do they get their primary funding from their counties (from the state general fund), but they are getting federal dollars, plus they will charge parents child support. Each county also has "child support services" that was designed to collect support from deadbeat parents when the custodial parent was on welfare (the fed matches each dollar they collect 1:1) but now encompasses ALL child support collections that go through "the system" ... and that means the county is getting CSS matching funds as well. So... a kid in foster care can mean +$10,000 a month in income for CPS, but they only have to pay out $600 to the foster parent... nice, huh? These are ballpark numbers and vary greatly (special needs and/or medicated children mean big money for CPS and big money for "therapeutic foster homes."

Here's backup: http://www.childsworld.ca.gov/res/pdf/S ... hedule.pdf (these are CA rates, group homes, money going TO group homes)
And a paper on "we STILL need more money!!!" http://aspe.hhs.gov/hsp/05/fc-financing-ib/ (Note CA is about $18,000/year per child for Title IV-E and that is ONLY the federal matching funds part ONLY for foster care, not the other treatments, healthcare, medicine, clothing, etc. of the $$$ they have coming in... if memory serves, the max match is 80% so that means the state is funding $22,500 average, plus what they are charging parents... yeah, big money for them.)

Read here:

http://en.wikipedia.org/wiki/CAPTA
The Child Abuse Prevention and Treatment Act (Public Law 93-247) provides federal funding to States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations for demonstration programs and projects.


and here: http://en.wikipedia.org/wiki/Child_Protective_Services
Notable points:
* Local governments accustomed to resulting flow of taxpayer dollars to balance growing budgets routinely ignore charges against Child Protective Services. Funding continues as long as children are out of their home, adoption bonuses are also available, but no incentive remains to return children home.
*On top of $4000–$6000 per child is a multiplying factor based on the percentage that a state exceeds its baseline adoption goal.
*Bonuses and incentives cause employees to work diligently to exploit children for government money while parents are charged for the cost of their care. Fraud, fabrication, withholding, and destroying of evidence, unnecessary termination of parental rights, and double dipping are common while confidentiality clause is used to protect the beneficiaries.
*Beneficiaries include state employees, lawyers, court investigators, guardian ad litems, court personnel, judges, psychologists, psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and others. Incentives to put children on more drugs per day involve additional funds and Medicaid.


Georgia State Senator, Nancy Schaefer, God rest her soul, stuck her neck out to expose the corruption and financial incentives put in place by the many acts of Congress to create the money-grabbing culture that is CPS. Not to say CPS doesn't do good work for genuinely abused, neglected & dependent children, but the do a pretty crappy job at discerning genuinely abused & neglected children. The effect being children who are murdered in homes that CPS has deemed safe, and at the other end of the spectrum, children removed from perfectly safe homes for no good reason.
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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LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Mon Oct 01, 2012 4:23 pm

So if I've Already drug tested a handful of times, done the me tal health evaluation, the drug assessment & passed all with flying colors ", and that's all they have asked of me...I don't see a reason as to why they wouldnt let him come home at our next court hearing?

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Mon Oct 01, 2012 5:22 pm

LittleBsMoMMY wrote:..I don't see a reason as to why they wouldnt let him come home at our next court hearing?


You do mean, no reason other than THE MONEY THEY WILL MAKE BY KEEPING HIM, right? They'll keep him unless you fight.

You also MUST, MUST, MUST file a Declaration of Facts to assert your innocence! I hope you got a copy of the petition that CPS filed in order to secure legal custody of your son. If not, get that copy NOW and look it over with a fine tooth come, so to speak. Case workers often twist words, make dangerous omissions and outright lie on their court papers. You must protest it in writing.
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 ----<>----<>----<>----

LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Mon Oct 01, 2012 6:35 pm

We have seen & have copies of the report. It is complete and utterly bullshit! There is so many things that are just absurred in that thing! I have wrote three separate letters to the courts & my attorney has yet to accept 1 of them? I did read that you need to file with the clerks office a few days before court?

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Mon Oct 01, 2012 6:57 pm

LittleBsMoMMY wrote:We have seen & have copies of the report. It is complete and utterly bullshit! There is so many things that are just absurred in that thing! I have wrote three separate letters to the courts & my attorney has yet to accept 1 of them? I did read that you need to file with the clerks office a few days before court?


See, the judge is making decisions based on what the social worker put in that report... this is why the judge said it was "too soon" to return your son. To address the lies, you would specifically hit on each lie by completing this:

Objections and Corrections to the Report of the Social Worker
http://fightcps.com/2011/05/09/sample-s ... al-worker/

Then any other general information or things that are NOT in the report:
Declaration of Facts
http://fightcps.com/2010/12/22/how-to-w ... the-court/

Since your atty is representing you, you need to get him to do his job and file these documents for you (that means filed with the clerk, a copy to each party - judge, CPS atty, child's atty/GAL, father's atty) and a 'certificate of service'. One approach to getting him to do his job is this:
http://fightcps.com/2007/08/20/make-you ... k-for-you/

Keep in mind, those attys are usually lazy and don't want to do any extra work. You've got to firmly, but politely, insist that he file these documents for you. Maybe he wants to call them something else, it doesn't matter... it's your only way to get word to the judge without going to trial.

Keep documenting everything, keep calling the social worker asserting, "there was no abuse nor neglect; I've done all that was asked... what are you doing to get my child home?"
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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LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Tue Oct 02, 2012 2:32 pm

Thank you very much! I am very thankful for all your help!

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Tue Oct 02, 2012 2:43 pm

Good luck... Please keep us posted! :)
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 ----<>----<>----<>----

LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Tue Oct 02, 2012 9:06 pm

I will. I am going to submit all my paperwork to attorney tomorrow. Our next court date as I have said before, Oct 17th. I will most def give an update! I appreciate all your help, I am at a lost with this. I am a young mother, with no family & my son is my entire world.

LittleBsMoMMY
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Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Thu Oct 18, 2012 11:50 am

They pushed it out two weeks? For "new evidence" my sons fathers attorney said its based on "a video" that was sent in this morning?!? I've completed everything, and now from drug testing and heating positive for my prescribed medication, they are entering substance abuse!!? How can people do this to a family!!? Do they not realize the damage that is being caused to a two year old little boy. I need help, and we can't afford a lawyer.

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Thu Oct 18, 2012 12:38 pm

LittleBsMoMMY wrote:They pushed it out two weeks? For "new evidence" my sons fathers attorney said its based on "a video" that was sent in this morning?!? I've completed everything, and now from drug testing and heating positive for my prescribed medication, they are entering substance abuse!!? How can people do this to a family!!? Do they not realize the damage that is being caused to a two year old little boy. I need help, and we can't afford a lawyer.


Your lawyer should get a copy of the video and/or ability to view it.

What is "heating positive"? Do you have and have you submitted to court your prescriptions for your medications?

Did you submit a Declaration of Facts and Objections and Corrections to the Report of the Social Worker?
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 ----<>----<>----<>----

LittleBsMoMMY
Posts: 10
Joined: Thu Sep 27, 2012 4:37 pm
Location: Rocklin, CA

Re: FAMILY NEEDS HELP & ADVICE'

Postby LittleBsMoMMY » Fri Oct 19, 2012 12:30 pm

Testing** sorry. My attorney wouldn't accept any of my paperwork that I had put together, he won't do shit!! We find out about the video on Monday.

Honestly, what else can I do?!! We just saw our son & he said the F word 12 time, A word 8 & took off the dolls clothes & made disturbing choice of actions. I've submitted for the house to be investigated after numerous things my son is imitating, and the guy doing the investigation said he would let me know in the next few days what's going on with the process.

I feel so helpless. Every time I see him, he cries & says how much he wants to come home. Being its supervised, they sit there reporting everything..Do they not take that into consideration?!

I'm at a stand still. I have absolutely no clue what to do.

If easier to email mine is [email protected]

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Eljay
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Re: FAMILY NEEDS HELP & ADVICE'

Postby Eljay » Fri Oct 19, 2012 3:41 pm

Did you write the letter to your attorney? If not, do that first, NOW. Then, if he continues to drag his feet, have prepared and bring with you to your next court date with a "Writ of Mandamus" listing out all of the things that your attorney should be doing for you, and asking the court to make him do it, even specifically asking that he file your DoF and Obj/Corrections forms.

Read this: http://www.juvenilelaw.org/Articles/200 ... Ethics.pdf

and read a bout a Writ of Mandamus here: http://en.wikipedia.org/wiki/Mandamus
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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