CPS kidnapped my newborn grandson without court order

For those concerned about children and parents in CPS cases.

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Julezelectric
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CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Thu Dec 22, 2011 7:33 am

Hello, my grandson was born a month ago. The baby and his mom tested positive for oxycodone. The maternal grandmother has a lot to do with the way the case is being handled. My son and his girlfriend and new baby were supposed to come live with us in Virginia but CPS in Maryland intercepted the baby and placed him with maternal grandmother who has 10 people in her house and another newborn from another daughter. The baby was in Childrens Hospital in DC. We had the nursery set up and a additional room for the parents across the hall. We live in a country setting and were very much anticipating the arrival of our grandson. The maternal grandmother kicked her daughter out over a year ago and has only recently started talking to her again. My son has done nothing wrong and he has only seen his baby for 1 hour at social services since he was released from hospital. We have hired a attorney for my son and his girlfriend for now has a public defender, who is not representing her, and is on the side of the county. I just really need to know if grandparents have any rights in this matter. We have a court date the beginning of January and the caseworker has told the new mom she will hold the next court hearing for at least 6 months. Caseworker is lying about the facts of the case and is not thinking about the best interest of the baby. She told the parents that Virginia is not a option for the baby to even visit. We are only 5 miles to the Maryland line and 20 minutes to the Maryland social services. They do not want to lose the case to Virginia when both parents were living here and wanted to raise their baby here. They were going to live with us until they found a house here in Virginia. The only people who are in Maryland are the paternal grandmother and stepfather that we know nothing about. How can CPS be so evil? Fathers have no rights.

Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Fri Dec 23, 2011 10:25 am

I need to correct that the baby is with the maternal grandmother and step father that we know nothing about in Maryland. They don't even want the baby, they only want to control their daughter life and she is 20 years old. I'm afraid that the stepfather will do something to the baby out of hatred of my son. The baby's mom won't go there when he is home and I'm afraid there may be abuse issues but she is to afraid of him to tell anyone. If something happens to my grandson in that house I don't know what I will do. CPS wont get blamed for anything. I'm sorry I just felt I needed to vent now that our Christmas visit is now cancelled by this horrible caseworker. I cant stop the tears. We have so much love for our grandson and he may never know. I just hope I'm strong enough for this long journey. I'm trying to keep the faith that the system works but so far NOT.

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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Fri Dec 23, 2011 10:36 am

Please clarify, because this sounds really bizarre.... "maternal grandmother and stepfather" ... is that the baby's maternal grandmother and the baby's stepfather? or the maternal grandmother and the mother's stepfather?

And "the baby's mom won't go there when he is home" ... "he" being her stepfather or her husband?

What are they accusing your son of? I would take a guess, but do tell. What is his status WRT the child at this point?
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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Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Fri Dec 23, 2011 11:53 am

I'm sorry that must have been confusing. The baby is with the maternal grandmother and her husband. My son is legally prescribed percocet for his back and they are trying to say he was giving her the pills even though she told them no. They aren't giving him any rights to the baby. Our family including my son had 1 visit at social services since his release from the hospital. They cancelled the first 4 just because they felt like it and then we had the 1 visit and on Christmas we were supposed to have a visit and now the caseworker has cancelled that. My son has hired a attorney and the baby's mom has a public defender who is with the state and already told her she would never get her baby back. The court date is in early January. The caseworker told them she would hold the next court date for 6 months. They are complying with the service plan that CPS gave them. The baby was in Childrens Hospital in Washington DC and the plan was for the baby and parents to come to Virginia where they had been staying. There was no court order and the caseworker told my son he could not be at the hospital when the baby was released to the maternal grandmother. We now know we should have taking the baby from then hospital ourselves and then Maryland would never have been involved. We thought we had to listen to them. We had a meeting with CPS and they told us there was a lot of family support and they would keep in out of court. When they starting canceling the visits my son started calling Supervisors and anyone he could think of his attorney and cps in Virginia. When they found out he was asking questions they called and told him this is going to court and he said let's go. We had the whole meeting taped not knowing that you couldn't do it and that hearsay is allowed but facts aren't. I can't believe they can make things up and the courts allow it and they aren't held responsible. I'm just trying to find out if my son has any rights at all, I know grandparents don't have many if any. Thanks for listening.

Jessie's Aunt
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Re: CPS kidnapped my newborn grandson without court order

Postby Jessie's Aunt » Fri Dec 23, 2011 12:29 pm

:oops:
Last edited by Jessie's Aunt on Tue Jan 03, 2012 12:36 pm, edited 1 time in total.
Jessie's Aunt
Adopted my sister's grandchild, 2004.

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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Fri Dec 23, 2011 3:53 pm

You can't record a phone conversation without consent, but you *can* transcribe (write down verbatim) a conversation. So, transcribe what was said and that is just as legal as can be. In the future, you can either ask them for consent, or state something like, "by continuing this conversation you consent to recording" (the difference being implicit consent versus implied consent... look here for your state: http://www.callcorder.com/phone-recordi ... merica.htm ). Record all future conversations.

So.... what is the real story with the girl? Is she an addict? Did she have a prescription? Was she abusing? Was she buying them on the street? Was she getting them from your son? Did he know about her usage? Did he do anything to try and stop her? Was he completely ignorant to her usage? And, most importantly, what did he tell them about all of this?

And... is you son on the birth certificate? I'm in LA County and when we through our CPS crap earlier this year, I was just floored at how presumptuous they are about the lack of paternity/responsibility of dads (or, conversely, the promiscuity of moms). Most of the forms said "presumed father" instead of "father" or had check boxes for "father unknown." I think they had a section that asked if you wanted a paternity test. These were the pre-printed forms! Now, being married for 15 years to the father of my children with no prior marriages, no step/half-siblings... I know we are a statistical anomaly, but *wow* they just don't seem to expect dads to be known or present in LA! It would be good for him to assert his parental rights and fight for that baby!

As for the maternal family, what is their attitude towards you? Would they let you come by and see the baby? There can't be a no-contact order against you, right? Is there even one against the father/your son?
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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Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Tue Jan 03, 2012 10:06 am

Thanks for the reply. She took oxycodone that was not prescribed to her for the pain of labor. She knows it was wrong. The doctor told her not to come to the hospital and thought she was just a nervous mother. When she finally went to the hospital the baby was already crowning and she had him without pain control. She says she got it from a friend. The court date is in a few days and my son and our family is cut off from the baby. I have seen him on 2 supervised visits since he was released from the hospital. The baby is placed with the maternal grandmother and she is making up stories about her daughter not visiting the baby when in fact she makes her leave saying she has a cold and doesn't want the baby to get sick when she has her own young children that I'm sure carry many germs. The case worker approved my daughter to be a supervisor at my moms house and the first visit for our family is supposed to be today at 4:00 but last night the case worker came to yell at the babys mother saying she hasn't been visiting regularly and she was going to give her a bad report. I'm sure our visit will be cancelled. The whole thing is no matter what the baby's mother does she has some access to the baby when my son has no rights. The maternal grandmother and her husband are strange people and her husband is very controlling over a baby that he has no blood relation and is a abuser to his wife and kids. The baby's mom is so afraid to tell the truth about her mom and husband and it is hurting our family badly. I pray every night that the baby is ok. The cps is fooled by them and is letting them have control over who sees the baby and if it's not convenient for them it doesn't happen. Our only hope is court but the judge has a record of always siding with CPS. The baby nursery is waiting for him at our house. The only problem is we live in Virginia where the baby and parents should be but are forced to live in a county where they don't want to be. We should have taken the baby from the hospital and I will always regret listening to them without a court order. You try to do the right things and follow their rules and then it back fires on you. My mind is all messed up right now, so I'm sure this reply is erratic, but it helps just to write how you feel and actually have people that care and are going through similar horrors with CPS. My son is on the birth certificate but they want a paternity test just to stall time and keep us from having visits with the baby.

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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Tue Jan 03, 2012 10:25 am

Eljay wrote:So.... what is the real story with the girl? Is she an addict? Did she have a prescription? Was she abusing? Was she buying them on the street? Was she getting them from your son? Did he know about her usage? Did he do anything to try and stop her? Was he completely ignorant to her usage? And, most importantly, what did he tell them about all of this?




Still trying to ascertain your son's position in all of this. Sounds vvvverryyyyyyy fishy that an otherwise "clean" pregnant woman, on the verge of birth, would all-of-a-sudden decide to pop illegally acquired prescription opiate. What's the real story and what was your son's role and/or knowledge in this? He can't go charging in to rescue the baby if he's part of the problem. What was CPS alleging on the petition? It's hard to tell you what cards to play when we don't know what's in his hands, nor CPS's.
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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Powering
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Re: CPS kidnapped my newborn grandson without court order

Postby Powering » Tue Jan 03, 2012 2:02 pm

My advise is to respond in writing by submitting an affidavit/statutory declaration into court advising the truth of the matter and revealing the lies contained.

For the Dad and mum, they should seek an independent drug counselor who can ascertain whether they legitmately have a drug issue or that this was a one off stupid panicky decision from the mum b/c of her pain which first time mum's do freak over! I'm quite sure she regrets that move...

Also due to being first time parents and teenagers at that, it is also wise to seek out parenting classes for them also to attend, this will show to the judge that they are stable, committed and reliable to take on the important and precious role of parenting!

They should also gather other support networks, counseling for loss etc. . .the more independent people on their side the better it will look.

If the mum has her records or can get them for the anti natal visit's to show she didn't have an issue in previous blood screens is another lot of evidence to prove this was a one off.

If her parents are abusive she really needs to make a stand on this and advise someone for the prevention of further abuse to the next generation being her son and nieces/nephews in the home. She left her home and no longer spoke with her mother for a reason and only started speaking with her b/c it's natural to do when your about to become a mother yourself, to have your own mother there regardless of how she may have treated you previously...

I would get onto this ASAP. A judge doesn't like anyone representing themselves due to the strong possibility of incriminating yourself in court making the matter worse which it sounds like he's trying to prevent! Saying it in paperwork is completely different and just state the facts in an orderly fashion, copy the Dept's affidavit if need be in format, it worked for me! Do not go off on a tangent about feelings and rights etc... just stick to facts simply said and laws that may have been broken in the county the matter is being dealt with.

:wink:

Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Wed Jan 04, 2012 8:42 am

Thanks so much for your advice. The court date is tomorrow and I have been keeping a case notebook. I read that a notebook can come in handy when trying to remember dates and facts pertaining to the case. The caseworker has admitted to us that the maternal grandmothers husband is hard to get along with and is very controlling. The baby's mom says she will say in court that she doesn't feel safe visiting her baby with the step father at home. I agree they need separate counseling. She is no longer taking any pills and didn't have withdrawal which means to me her problem couldn't be as bad as they are making it sound. Her mom just doesn't want her unhappy with my son the way she is unhappy in her marriage and this is marriage number 2. My son and the babies mom plan on marrying and being a family with the baby and her parent will do anything it takes to stop that from happening including lying. I just pray that the testimony is under oath to prevent her mom and the CPS caseworker from out right lying. I do have the taped conversation that the judge said isn't allowed but I was told I could copy whats on the tape in my notebook. We just want time with our first grandson. We only live 20 to 30 minutes from her moms house and because we are in another state they will not consider us for supervision for our son to see his baby. They have not done the paternity test yet and I'm not sure why it hasn't been done. My son told the judge he is the father and his name is on the birth certificate but he hasn't received it yet. It is all away to stall for time. My son does have a attorney and babies mom has a public defender. The judge, public defender, CPS caseworker and her supervisor, baby's court appointed attorney are all women. I feel my son doesn't have much of a chance. My sons attorney said this women judge goes with the decisions of CPS more then any other Judge in the county. We are hoping to get a new judge. Wish us luck with our dark days of cps as I call this in my case notebook. Thanks again for the advice and I will get right on it

Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Wed Jan 04, 2012 9:50 am

Eljay, Im sorry i didn't give you the rest of the story. I started writing the reply and had to save it and now I can't find out how to retrieve it. I started thinking and I'm not sure who all reads these posts. I don't want to say anything that might look bad on either parent. My son has a legal prescription and she doesn't. The county where this is happening has a big problem with pills. The methadone clinic is full. I don't honestly know how many or how long she used pills. I do know that she is clean and I didn't notice any sick days or signs of withdrawal that usually accompany a addict. My son released himself from his pain management doctor and is in the process of going through a slow detox. He does have bad back problems so I'm not sure what will happen. They are willing to do anything the courts ask to have custody of their baby. The main point is my son didn't do anything wrong to be kept from his son. The maternal grandmother and her husband hate my son. CPS made them a shelter home even though they are not following the rules by letting my son have visitation, so he is losing out on everything. The babies mom can see the baby whenever she wants at her moms, and she is the one who had drugs in her system. Our family has been cut off with only a hour visit at social services and a few hours visit on Sunday at the maternal granddads house. He was approved by CPS and he welcomes our family to his house but its only on Sundays. My 25 year old daughter was approved as a supervisor for the parents to see the baby and the Caseworker cancelled the appointment. This is the 5 visit she has cancelled because she was mad at something. All we want is to see our grandson at our house not at a nasty social service office. I think we should have 50 50 rights with the maternal grandparents so my son gets a chance to know his son. The baby nursery has been ready and this is where they always planned to stay until they bought their house in Virginia not Maryland. The county in Maryland is a high crime and drug area and they don't want to raise the baby there. This is about a caseworker that has a relationship with maternal grandmother and it was set up before the baby was released and they still haven't complied with the fingerprint and background check we all had to do. I just pray our lawyer can get the facts on record with the Judge.

Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Thu Jan 05, 2012 10:18 am

Just went to court and CPS asked for a continuance so they could get medical records. My sons lawyer has all records and objected to the continuance. A judge was not in attendance I think they called this other woman a master, not sure what she was but she agreed to the continuance and they decided my son for get 2 supervised days a week and the paternal grandparents nothing at this time. It was so hard to see my grandson in the arms of his maternal grandmother and we couldn't even hold him or say hello. I got very distressed that nothing changed and CPS was getting their way again. I left the courthouse and went home. My son called and said the real judge said there will be no continuance and the trial will be today. I'm not sure if this is good or bad. I know CPS doesn't have any proof of any wrong doing on my sons part and are keeping the baby from him and his family. The stepfather wrote a letter to the court saying my son is to old for his daughter and is a bad influence. She is 20 years old and he is 26. She has a mind of her own and her stepfather needs to stay out of her life, instead of forcing the baby visits with him. He is no blood relation to the baby and even CPS said he is controlling. His wife and kids are afraid of him and I'm afraid for my grandson with him. He was actually complaining on all the work him and his wife are going through caring for the baby. Nobody wants him near the baby. This is the biggest nightmare I have ever dealt with. I always thought this government agency (CPS)did things for the best interest of the child and now I know better. It's all a game to them and they are seeking power and it's disgusting. Well I'm sitting here waiting on news of the hearing, I decided not to go back because they don't even acknowledge me as a relative worthy of seeing my grandson. They will all face GOD one day and that I'm sure of.

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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Thu Jan 05, 2012 2:57 pm

I sure hope it goes well. :(

My guess would be that they are alleging that your son "failed to protect" the baby by "allowing" the mother to take pills while pregnant. If he did know about her usage and didn't do anything to stop it, they will claim that is "failure to protect." Let's hope that he didn't know about it and can present that defense today.
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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Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Tue Jan 10, 2012 11:22 am

The caseworker was right when saying nothing will change in court and she will make sure the next court date is 6 months away. I don't see any hope in my son ever having his rights to his son again. CPS has placed the baby with the maternal grandmother and stepfather as I have mentioned. The baby will stay without them until the hearing in 5 months for permanent placement. I'm sure they will try and adopt him. The caseworker has made sure no one on my sons side of the family can have any visitation except my daughter who they approved as a supervisor. She can only have visits in the dirty social service office with my son and the mother of the baby, with a caseworker there watching and writing everything they do. I feel so lost. There was no testimony in court, just another back room meeting with the judge, public defenders, state lawyer for the baby and my sons attorney. Our lawyer is a criminal lawyer and is new to this and I think we made the biggest mistake of our lives by hiring a inexperienced lawyer. He told my son he had to agree with everything the state has charged. He made my son and his girlfriend admit to things that were not true. He said you have to kiss some DSS ass. The case as I mentioned should not even be in that county or state. The maternal grandmothers husband has some kind of pull in the county especially with the police and he is a gun trainer for the police. He has many guns in the house with young children and I feel that is a dangerous situation for my grandson. I don't care who he is the guns need to be removed. The caseworker is afraid of him and let's him make the rules. Well today at the visit a new caseworker is being assigned, the last caseworkers job was to remove the children and do as much damage as possible and then have it transferred. She is off ruining some other families life today. The courtroom is a joke in these situations. It's all hearsay and false allegations. If the taxpayers in Maryland had any idea what their tax dollars are being spent on. Our lawyer told us not to get Virginia involved and asked why would we want 2 states involved; the reason is this baby was suppose to come to Virginia after being released from hospital and both parents live in Virginia. The visitation schedule of today is the baby's mom has to go to her moms everyday from 9:00am to 3:00pm like a job and my son gets 2 visits at social services and one of the visits my daughter will be there and the other the maternal grandmother. They have not included the paternal grandparents at all. I feel like there has been a death of my grandson. The stepfather will continue to abuse the baby's mom and the maternal grandmother will keep up with her lies and plotting with the caseworker. They also changed the baby's name from what the parents want. The baby is a third and my husbands namesake and they have taken this from us too. My daughter said the baby had pink eye due to one of the many children in the household handling him with out washing their hands. The parents are doing everything they are asked to do but I'm afraid to tell them it's all for nothing and it's very doubtful they will. The stories I've read do not have happy endings and until the United States is aware of what this agency is doing to innocent children and their families it will stay this way. I'm horrified that this practice is allowed in a court of law

Julezelectric
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Re: CPS kidnapped my newborn grandson without court order

Postby Julezelectric » Tue Jan 10, 2012 12:16 pm

The page always cuts off my writing so I can't see where I stopped. Unless my son can find a capable attorney with knowledge of CPS and their practices I don't see much hope. I can't understand why so done would have to pay these prices that lawyers charge to get a fair chance with their children. My son or the baby's mom have never been given the chance to be alone with the baby. He will be getting attached to the maternal grandmother and step father soon and he doesn't even know how much love we have for him. Only GOD should decide that a family shouldn't be together. The only thing that gets me through the day is CPS, Judges and all the worthless public defenders will face GOD one day. I know there are cases where children should removed for safety but this isn't one of those cases. I pray that others going through this will find the strength to endure. Our family has so much love to give a child and hopefully we will have another chance to be grandparents and not have the government interfere where they are not needed. I will keep researching and educating myself in CPS practices and maybe if enough of us do the same, we can put a stop to them, and change the laws or should I say, have laws involved for them and consequences for their mistakes.

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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Tue Jan 10, 2012 2:10 pm

... and still, you've not stated what *they* are saying about your son. Being "too old" or a "bad influence" in the opinion of a non-parent isn't going to get your son banned from his son's life. There is something that he isn't telling you, or you're not telling us. So, he agreed to something DSS accused him of... what did they accuse him of? And why did he agree if it wasn't true? Seriously... I cannot fathom confessing to a crime I did NOT commit under ANY circumstances. Why would he do that?

As for the lawyer, yes, you're probably kicking yourself for hiring an inexperience lawyer. Something you said scares me: "He told my son he had to agree with everything the state has charged. He made my son and his girlfriend admit to things that were not true. " He should not have been advising anyone but his own client!!!!!! Each person (child, mother, father, etc.) has their own lawyer and they should never, ever be directing others in what to do! My atty was very careful about not discussing anything other than general knowledge with my husband.
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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Eljay
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Re: CPS kidnapped my newborn grandson without court order

Postby Eljay » Tue Feb 28, 2012 10:46 am

Part of the problem with CPS is how they slap a label on some activity as abuse or neglect that is either contrary to state law or a complete fabrication. This website lists the specifics, state by state, of what is considered abuse or neglect in terms of parental drug use. In your son's case, from what you've stated, I don't see that he's done anything that falls into these categories, especially not in your states.

http://www.childwelfare.gov/systemwide/laws_policies/statutes/drugexposed.cfm

Given that he never got a chance to be a parent, there is no way that CPS can accuse him of neglect. However, if their contention is that he knowingly allowed the mother to take these drugs while pregnant, then that's a different story. Just what are they accusing him of? Regardless, he should be creating and filing statements with the court requesting that they give the child to him since he did nothing wrong.

Funny thing on that website... it says, "Approximately 25 States and the U.S. Virgin Islands address in their criminal statutes the issue of exposing children to illegal drug activity.[9] For example, in 14 States the manufacture or possession of methamphetamine in the presence of a child is a felony,[10] and in four States, the manufacture or possession of any controlled substance in the presence of a child is considered a felony. [ Alabama, Idaho, Louisiana, and Ohio.]"

So... my son's ADD medication is a controlled substance (Concerta) and based on what this website says, just me having my son's own prescription medication would make me a felon. Maybe they should have written "illegal possession."
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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