Grand daughter in Foster Care want her with us

For those concerned about children and parents in CPS cases.

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olsklgal
Posts: 3
Joined: Sun Jul 22, 2012 8:38 am

Grand daughter in Foster Care want her with us

Postby olsklgal » Mon Jul 23, 2012 8:16 pm

My husband & I are the Maternal Grandparents of an 8 yr old granddaughter (Autumn). She is our daughters first born. She abandoned our granddaughter back in Dec 2009 if I recall correctly. My daughter is very addictive meth addict, who is currently 7 mo pregnant with her 3rd child (all different fathers). We do not have contact with our daughter because of her addiction. However, in 2009 when she left her children, CPS gave each child to their biological fathers took possession of their child who then turned over Guardianship to their parents. We were never notified by CPS or any other person this was taking place. It was not until June 2010 when we received notice on both children that the paternal grandparents were seeking temporary guardianship. We have petitioned the court several times to remove guardianship and place them with us. We want the children together under one roof.
So fast forward to today: Juvenile court has removed jurisdiction from her paternal grandmother & legal guardian of our 8 yr old granddaughter. Juvenile court has awarded CPS jurisdiction, my granddaughter was removed from the Guardians care yesterday and placed into Foster Care. They did not place her with us according to CPS that my husband did not have a favorable criminal background ( he was in prison numerous times w/drug addiction) he has been clean and sober for 3.5 yrs and has obtained an A.S. degree in Humanities (Drug & Alcohol counseling) has been placed ont Deans list and has received numerous academic awards.
In spite of the fact the Family court investigator interviewed both of us and ran background checks and found we were acceptable and awarded us visitation on the 2nd & 4th weekend of the month in 10/2010.
After this hearing (7/19/2012) we were told by CPS that we would no longer have the visitation we once had, but that we would be allowed to have supervised visits for one hour a month. My husband was told by CPS that he would be able to file an appeal for exemption which we intend to do. However, if favorable great if not what do we do then. The evidence produced in this trial was largely based on the evidence we provided to the CPS.
What should we do?

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

Re: Grand daughter in Foster Care want her with us

Postby Eljay » Wed Jul 25, 2012 2:47 pm

You just need to appeal to the judge and pray. You've already seen that despite your husband's recent progress, CPS has held his history against you/him. Sadly, many of the case/social workers employed by CPS are young, inexperienced and think that the only good parents are perfect, wealthy parents. Quit trying to convince CPS to give you custody/visitation and appeal to the judge. After all, YOU have the children's best interest at heart. Make the clear to the judge and hope that he rules in your favor. If/when you can get this out of CPS court and back into family court, you'll have better chances as well (since you're not up against CPS too).
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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olsklgal
Posts: 3
Joined: Sun Jul 22, 2012 8:38 am

Re: Grand daughter in Foster Care want her with us

Postby olsklgal » Thu Jul 26, 2012 7:17 pm

When I appeal to the Judge in my matter does mean formally go through the appeal process and file documents with the court?

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

Re: Grand daughter in Foster Care want her with us

Postby Eljay » Fri Jul 27, 2012 8:45 am

Sort of... you weren't on trial so you don't have anything to formally "appeal." You will want to file a petition for custody, likely the same petition that CPS filed. It's not called the same thing in every state, but is usually something like this:

http://www.courts.ca.gov/documents/fl311.pdf

You've probably been thinking all along that CPS would want to do the logical thing of keeping kids in contact with family, but they haven't. Let the judge decide, not CPS.
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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