Grandma trying to get 2 grand children out of foster care

For those concerned about children and parents in CPS cases.

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tanya2012
Posts: 1
Joined: Tue Aug 07, 2012 10:29 pm

Grandma trying to get 2 grand children out of foster care

Postby tanya2012 » Wed Sep 19, 2012 7:13 am

My 2 grandaughters have been in foster care for 9 months. Their mother and the grandchildren were living in my home at that time. There were allegations against my husband a year prior. My daughter and grandchildren moved out the year prior. When they could not stay where they were. I asked my daughter and grand children to move back in while my husband was still in the home. My daughter wanted her 7 year old to get counseling at school. So my daughter told the counselor about the allegations a year prior.CPS removed the children from my home. CPS said allegations were substantiated. That was the first time I knew that. My daughter is not doing what she needs to to get the children back in her custody, she is living on the streets here in California. I have been going to court and have not made any progress. I do get to visit the children for an hour once a week. I have a grievance hearing coming up in Oct to disagree with their decision not to give custody of the children to me. I am in process of divorce. It is not final yet. I live alone. They did not give me custody because of 2 back decisions I made. Allowing grand children back in my home after allegations. I also had an adult male in the home renting a room. When he went in for finger printing they came back and said he had allegations of sexual abuse on his record. I ran his prints and there was nothing on his record. I did run him recently on megans law and he does show up there. I have a lawyer, I attend alanon, have a sponsor, attend weekly codependent class, and took a 6 week parenting class. Not sure what else I can do. Any suggestions? or share how you were successful in a grandparent getting custody.

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

Re: Grandma trying to get 2 grand children out of foster car

Postby Eljay » Wed Sep 19, 2012 9:20 am

Best thing to do is stop trying to convince CPS and start working on convincing the judge. Make a formal court statement that you will submit to the judge that details the real history (especially with regard to CPS claiming that the allegations were substantiated and NOT telling you... furthermore, if he HAD molested the kid(s) why did they not start a police investigation?????) They are the ones who acted in a manner that did not protect the girls. By them not informing you - OR HIM - properly (they have to send a certified letter letting someone know they are being put on the child abuse registry), they failed to let you, and mom I assume, that he should be kept away from the girls. You, OTOH, acted properly once you found out. An allegation is NOT a guilty verdict (okay, in "CPS land" they operate under "guilty until proven innocent" and they have no motivation to prove anyone innocent, but back to the real world.... ) for either your husband/soon to be ex, as well as for the roommate... allegations are not the same as convictions.

So.... write up what you know and submit it to the judge/court:
I hope your atty has CPS experience... if not, he needs to get an education, quickly. It's not like other courts. :(

Basically, you want to file this to tell your story:
http://fightcps.com/2010/12/22/how-to-w ... the-court/

Then you need to file a motion to get physical custody... CPS will likely retain legal custody while services are done, but they should not be able to so easily dismiss the girls' FAMILY, especially when they were partly at fault (which is why they are wanting to dismiss you!). Remember to take the perspective that the Federal gov't has laid out the guidelines that placement with family should be the first option. Tons of info here: http://www.childwelfare.gov/supporting/ That is the Federal website for the Dept. of Health & Human Services which dictates policy for the states and how they handle CPS cases... while the laws are never identical state-to-state, the fed gov't says, "we will give you states money if you follow our rules/guidelines/laws" so, yes, the states all pretty much follow the laws. Find the laws for both fed & your state that say they must give placement preference to families and have your lawyer cite the laws in a motion (i.e. Motion to Grant Physical Custody).
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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