NEED HELP FAST

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tammyv
Posts: 1
Joined: Fri Dec 09, 2011 6:48 am

NEED HELP FAST

Postby tammyv » Fri Dec 09, 2011 7:10 am

my daughter and her boyfriend were babysitting for his mother. my daughter has a 3 week old daughter. my daughter and her boyfriend got into an argument whereas she left the baby with him and walked home to cool off. the mother went to my daughters clinic and asked for medical records which she did not have permission to get. then CPS was called and she told them my daughter said she was going to kill the baby (which according to my daughter and her boyfriend was never said.) Cps placed my granddaughter in temporary custody with the mother. last night they called my daughter and said they would be over this morning for her to sign her baby over to the state. she hasn't even been to court. Don't they by law have to provide a 72 hour placement hearing. I told her to answer the door and tell them to take her to court. and attorney told me that she should cooperate with cps and sign the papers. I think this is a load of crap. I told her not to sign anything, or to take anything from them. My daughter takes very good care of her baby considering she is only 19 years old. Oh and the fact that she is bipolar is being used against her although when the mother talked to her doctors nurse he told her she was schizophrenic, that was an out right lie. my daughter has never been diagnosed. Oh did i mention that this woman who has custody of my granddaughter right now just got out of a relationship with a 19 year old boy (shes 47) I don't know what my daughters right are so I would appreciate any advice or help and I need it fast. :(

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

Re: NEED HELP FAST

Postby Eljay » Fri Dec 09, 2011 8:25 am

She has rights and being bipolar does not mean you're not allowed to have your child. Being *suicidal/homicidal* would mean that, but if she didn't say she was going to kill the baby, then she's got to firmly assert that over and over again. Technically, if your daughter signs over rights, there wouldn't have to be a hearing to involuntarily remove the child. Hopefully, your daughter isn't so naive as to cooperate. Yes, they would have to have a hearing and notify her so she can be there.

You need to get a hold of the boyfriend (I'm assuming he is the father... is he on the birth cert?) and let him know that he needs to defend your daughter against the lies his mother is spewing or else they risk losing the baby altogether. They are going to be money-hungry to get that baby adopted out for that $4000 bonus! New babies are easy targets! Did CPS not interview him???

Is she possibly suffering with some postpartum depression? Might be a really good idea to get her into a therapist right NOW so that he/she can do an evaluation that can be provided to CPS/the court that indicates she's NOT suicidal/homicidal. CPS would also need to have a WRITTEN diagnosis for whatever medical condition they are alleging... they can't take the word of someone who's not even a medical professional.

If this were my daughter, I would not sign a thing. Do *NOT* cooperate with CPS - they will only fabricate and manipulate in this case. It's another thing if there is/was real abuse/neglect or risk of abuse/neglect. She has done nothing wrong and doesn't need anybody's "services." She needs to go to court and *TELL* her lawyer that they need to deny the order based on the fact that CPS has "NO JURISDICTION" meaning since she never said that she'd kill the child, there was no reason for them to be involved. See, CPS *does* have the right to oversee someone with psychological problems *IF* they impact the child, but that isn't the case here. They do NOT have the right to oversee or kidnap every single child who is born to a parent with a diagnosis... it only becomes their business if/when the child is at risk.

She needs to get her baby back and get away from that woman completely, never let her see that child again. That woman has no rights and until a court has ordered it, the father has no rights yet/either (unless he's on the birth cert) so I would never, EVER let him take the baby or have the baby alone again, unless you know he's on your daughter & the baby's side.
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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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: NEED HELP FAST

Postby family_man » Fri Dec 09, 2011 9:01 am

I completely agree (as usual) with Eljay. Your daughter should NOT voluntarily terminate her parental rights because of this exaggeration perpetrated by CPS. That release of medical records is a clear violation of HIPAA and should be reported. Is that how CPS found out about her bipolar condition? It's unfortunate that this came to light because of that illegal release of information. But now that it's out there, you will have to come up with some evidence that her condition is manageable and relatively under control, and that it does not place the baby at risk of harm.

You have to understand there's two types of custody: physical and legal. The person taking care of the baby's day-to-day needs has physical custody. That would be her father's mother at the moment. Your daughter may still have legal custody (shared by her BF if he's on the birth certificate) unless CPS has taken the baby into emergency legal custody. If they did this, they will have to justify this move by a preponderance of the evidence that the child was in IMMEDIATE danger. You need to find out whether CPS has assumed legal custody, and if so, when the initial custody hearing will be held. It will have to be within the next few days. The quickest way to end this is to get an attorney NOW to assemble sufficient evidence to convince the judge that the child is not in immediate danger.

If CPS has not assumed emergency legal custody, then your daughter has in effect voluntarily placed her baby where she is. Either way, you need an attorney to explore her options.
Disclaimer: I am not an attorney, and this is not legal advice.

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

Re: NEED HELP FAST

Postby Eljay » Fri Dec 09, 2011 9:11 am

Yay family_man... my biggest fan! LOL :)
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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Ken-JPAC
Posts: 24
Joined: Fri Dec 09, 2011 9:03 am

Re: NEED HELP FAST

Postby Ken-JPAC » Fri Dec 09, 2011 11:34 am

If your daughter signs over her parental rights to CPS she will most likely NEVER see the child again!

GET AN ATTORNEY!! It's hard to find a good one; but your gut instinct was correct...the one that told you to go ahead and sign over papers was a moron that just didn't want to take the case. Here's a little factoid about many CPS attorneys...there are many that CLAIM to represent parents in CPS cases but most of them really only do cases where the parents are suing to get things for their adopted children that have health or behaviorial issues CPS didn't tell about. and some poor kids just never give up on the idea of getting home to their bioligcal parent(s).

You are not guaranteed an attorney until the last hearin (of many) in most states BUT at least that is a slightly better chance than signing over custody.
Tell her to not back down and if at all possible get her in to a GOOD psychiatrist and FULLY explain the situation with CPS and that you are ONLY there to see if there is any REAl diagnoses and that is the ONLY reason you are there...and if she/he feels that she needs medications..she better take them. Make sure they do a thorough job...I've seen psychiatrists so lousy, when the truth is uncovered...the patient came in saying, "I think I might be bi-polar"...and VOILA!! The Doc tells them they are indeed bi-polar and come back for regular therapy and take these pills...many of which can cause long term side effects in people.

I',m not an attorney..GET ONE..I just offer friendly advice from my own experiences in TX.


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