Help with Newborn in CA

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illmotions
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Help with Newborn in CA

Postby illmotions » Mon Nov 19, 2012 11:51 pm

Hello I am going to intentionally leave a few things out initially because I used my real name to post this. What im going to ask I had already discussed with my social worker but her answer didn't sit right and it seemed very shady but they cant really dig this up later to use against me since they already know about me asking it.

My spouse recently gave birth and while this should be a happy time for us some thing kinda took a 180. We do have a child currently in foster care however our social worker said that there was no plans to remove our new child from our care. What changed her mind is when the child was born my spouse had THC in a drug test that was administered. Now what doesn't sit right with me is how the social worker obtained this info. She said that initially we signed documents that would allow her to get medical info for us from whomever she wanted. I was under the impression that whenever someone wants you medical info you must sign a new document for every place they want said info. Not only that but we never discussed any sort of consent to a drug test with the hospital for the child or my spouse. The social worker admitted that they gave her my spouses test results verbally over the phone without ever sending signed documents giving permission. Also the consent forms signed were for the initial social worker not even the one we are dealing with currently. I feel her privacy was violated and just because you are dealing with CPS doesn't forfeit you your hipaa rights. Just to make this clear because I know that we cannot stop them from testing our child the drug test came back negative but they didnt ask our consent to have our child tested either. Any ideas on if this is legal for them to do? since this happened our child now will be placed in a foster home until we can attend court. Our social worker did make it seem like most likely we would be getting our child but this could have been avoided if they were getting permission. I do not see how a hospital can take your blood for another reason and then use it to screen for drugs. Thank you for taking the time to read this and I will greatly appreciate any feedback.

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Eljay
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Re: Help with Newborn in CA

Postby Eljay » Tue Nov 20, 2012 6:41 am

vanjohnson8 wrote:I feel her privacy was violated and just because you are dealing with CPS doesn't forfeit you your hipaa rights.


Well....... the goal of HIPAA was to protect your privacy and the obligation falls on the medical community. So, if anybody violated your rights, it's the person who gave the results. The case worker behaved unethically, but isn't covered under HIPAA. Furthermore, the resolution to HIPAA violations is the filing of a complaint. Whoopee. You get your child taken away and the health clerk gets a slap on the wrist. Here's a good summary of HIPAA and your rights otherwise:

http://lawmedconsultant.com/645/hipaa-v ... a-lawsuit/

Some CPS agencies, especially in CA, just don't care about parents using mj, but during pregnancy is another story. If mom can possibly go live with grandma or a sister AND you can go file temporary guardianship and/or custody papers, then you can avoid having the baby taken... CPS can't take custody from you if you don't have custody. You can also reference this VERY recent court case where the CA Supreme Court ruled against CPS concerning mother's drug use because the drug use DID NOT adversely impact the child:
http://blogs.findlaw.com/california_cas ... .html#more

In case you're not familiar with how court cases work, whatever the ruling is becomes LAW until such a time that the case is overturned, and I haven't heard that this case is being appealed. So, print this out, have it handy, and USE IT!!!
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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monkette31
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Re: Help with Newborn in CA

Postby monkette31 » Tue Nov 20, 2012 10:21 pm

Well, you're right, I talked to some lawyer name L Wallace Pate down here in L.A. about a month ago. She was looking for people like you, people that have been tested by hospital or administrator at baby's birth. She said she wanted to go after the hospitals/administration, I guess it's a a new thing going around? and it's highly wrong, illegal.

Another case down here, dcfs tells parents they are not taking newborn, they give birth...about two weeks later, they petition for emotional abuse. I was really surprised that they even let anyone keep their child for any length of time. This might have been the plan all along, my suspect.

The social worker knows you will not be getting your child back. This was an easy steal for them considering the other kid in foster care.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

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monkette31
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Re: Help with Newborn in CA

Postby monkette31 » Tue Nov 20, 2012 10:32 pm

http://news.yahoo.com/baby-soaps-and-shampoos-trigger-positive-marijuana-tests.html

Interesting article, you should read it, all the way through, especially at the bottom. And although we know these things and the world knows these things, especially cps/dcfs, they don't care, the point here is that they want to take your child and put them up for adoption, that's their goal....so them knowing about mary jane doesn't matter to them...
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

illmotions
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Re: Help with Newborn in CA

Postby illmotions » Tue Nov 20, 2012 10:34 pm

Okay thank you for your help on this. One thing that I am wondering is since the social worker only had been told Verbally and not in writing is there any way that we could try to stop her from getting it in writing? Also since they did not ask my spouse to administer a drug test is there any legal action we could take based on that alone? I haven't really found anything that is for California stating that they must ask you to do one but I did read a document that was pertaining to Washington state that they must ask you anytime they are going to do that. I understand that yes the hipaa thing isn't going to do anything for our case but I just feel like they took her blood and did a drug test is just unethical. Anyways after talking to the social worker she made it seem like the court would most likely grant us custody since the baby himself did not test positive. We did admit to her she did smoke during but would it be a bad Idea to say that it was after and deny that it was during pregnancy? I know it was done in the hospital during birth but maybe we could say right after she smoked since she knew the baby was out. Also there are no other UA's for the entire time we were dealing with CPS that tested positive for the THC, and she was getting them weekly for the last 6 months and there are more before the case was open too that we provided them to hopefully make us look better. I should have maybe done more research for my daughter because I believe since the charged we had against us were dropped due to lack of evidence they really didn't have a case in the first place to say she was in harms way. his is another one of those things that CPS acts like they are above the law. Im guessing there is probably nothing I can do since we have already had our 6th month review. The judge did say that he commends how well we are doing currently.

illmotions
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My story in CA

Postby illmotions » Wed Nov 21, 2012 5:07 pm

I have had an open case for 6 months with my child being in foster care. I could have sent my child to go live with grandma but our lawyer said that since she is pretty far away although in the same stateit might now be a good idea for us emotionally. Also the foster mom she is with I couldnt imagine any one that would be as supportive and willing to make sure we see her a much as possible. The social worker did mention recently that our child is definatly her favorite but still she isnt showing any signs I would consider to suspect her of wanting to steal her away.

This whole thing started with A very bad decision to get some room mates. Where we met them was probably a bad idea but we were on welfare and struggling financially so 500 bucks extra a month at the time for rent seemed like a good idea. So every thing was going good until we realized that the Male roommate was smoking meth. We wanted them out immediately however being new to California we didnt know about some BS squatters rights law that would require us to serve them a eviction notice. So a huge fight broke out and the police came. Unfortunately the first time they came my spouse had bruises on her but for whatever reason they believed our room mates and did not remove them from our house. They wouldn't even answer any of my questions because I showed up a little after they were there the first time and maybe since it was 2 people versus one they didnt beleive the male roommate had actually cause these bruises on her. All I wanted to know was what happened and they told me to shut up. So they left and later that night all hell broke loose, the male roomate for whatever reason had some vendetta against my spouse and started shouting out of thier room. His woman was in front of him by the door and my spouse went to confront them. She didnt know that he was holding a wooden bo staff and right when she was close enough he started hitting her over the head with it. His woman was in the line of fire and since she was a little taller than my spouse she received most of the beating. Now since his woman was obviously tho one with the most damage to her they believed that most likely we were the ones to have caused it and she colaborated that the damage was done with a knife that my girlfriend supposedly was holding. So we ended up getting arrested and now 2 people are free to do whatever they want with our apartment, the cops even made us leave our car keys and they drove our car while we were incarcerated and stole a bunch of little shit that to this day we keep finding missing. Long story short our daughter goes to a temp children's center until a foster parent could be found in our area, and we attend our arraignment for the criminal charges for the supposed assault that took place. To our suprise we actually do not have court and that we need to go speak with the DA as to why. They tell us that all charges are dropped against us great news there but now that CPS is involved they say that doesn't make any difference. Maybe it does maybe it doesn't but the initial social worker I dealt with told me that she signed the paper just hours before whatever deadline she needed to in order for them to put her into foster care although I could tell by her actions she probably shouldn't have. I read some where as well that they should have sceadueled court within 72 hours and it took them 6 days after she was removed not sure if that makes any difference but if it does i sure wish I knew then.

That is how this all went down in the first place and of course a lot of the tings I said was twisted and things were intentionally left out of the report that may have helped us like how when the officer arrived he saw me physically unlock the door where my daughter was asleep at the time (she never woke up at all during the entire fight). She is almost 2 and a half and she still is very attached to us, a very cute thing she did that our social worker told us is that usually shen she comes by the foster moms house she brings our daughter over to visit with us and although it has only been like 3 other times the last time she was there our daughter was saying mommy daddy and looked sad when she left without her. I feel so bad for her she never deserved all of this. So now here we are we just had our 6th month and were doing all our classes and every thing keeping our UA's clean and for whatever reason the worker did not decide to give us unsupervised. Im having a tough time reading this worker, Sometimes it seems like she is on our side then sometimes she isnt. She didn't grant us unsupervised visits her reasoning was that we didn't start services soon enough even though it was her fault because she did not provide us with a list that had the correct numbers for anger management and all that because usually she said that if there is domestic violence its usually between the parents so I had to to anger management and it just took forever to finally find the right place (I took the initiative and called the first social worker to get the damn number). She did leave something out of court and that is the fact that I have a medical card and my spouse doesn't(our lawyers advised that is we were happy with the situation then we shouldn't complain because then that might come up). Now we did make a couple of mistakes right around the time our son was born beginning of November: first The day of the 6 month review she asked us to take a UA and we missed because I had a state hearing to try and keep my Medical on I informed her of this and she said if we dont go that day then tomorrow would be fine. We show up the nest day around 930 AM and she had made the authorization for it the day before at 815 AM and that it was only good for 24 hours, we did call her and left several messages and she said she did not receive any of them. Second is that my spouse tested positive for MJ at the hospital while she was giving birth(By the way she never even was told that they were going to administer one and she said that they told her verbally over the phone without even getting a consent form from her). I know it was a bad idea for her to be doing that but the place we were normally taking our UAs was not testing us for it and the baby came early so she didn't get a chance to make sure it was out of her system fully and she did it because she was puking thru-out her full pregnancy gaining only 1 pound and that was really the only thing that helped. The baby by the way tested negative. She was saying that there was no plans to take him from us but since that came up with the UA and the MJ she said that we would have to go to court now most likely. She did tell us most likely we would get him once we sat down and cleared everything up but she had to do it to cover herself because at the time she didnt yet know the baby had tested negative and she didn't know why we missed the UA so she had to consider it a fail. Now personally I kinda like our worker she seems like she means well, My mom and spouse feel differently about her but I feel like we could maybe change workers but the grass is not always greener on the other side. We were told that he would be released today but now there are some issues during his feedings that caused his doctor to decide to keep him for another week and a half. Anyone have any input on what I should do? I trust my mother enough that I could give her custody and we could still have our daughter go and live with her and we would just move up to where she lives. I would like to just stay put so I can finish all my required services. Thank you for taking the time to read this and for any input on the matter.

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Eljay
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Re: Help with Newborn in CA

Postby Eljay » Wed Nov 21, 2012 6:17 pm

If you are a week or two away from getting your son back, just don't eff anything up.

Are you saying they will release your daughter to your mother and get her out of foster care? Even if you have to move? Whatever it takes to get them out of state custody, DO IT!
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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monkette31
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Re: Help with Newborn in CA

Postby monkette31 » Wed Nov 21, 2012 11:26 pm

Here's probably what's going to happen, they are not going to let anyone leave the hospital with the newborn, they probably have a hold on him.

When did your wife give birth?
Criminal charges are gone, good, but you'll face at minimum many services, in order to get them back. I think you're totally being played by the social worker but in this process, it doesn't matter which ss worker, they all do it. They very well know you will not be getting your child back at court, if they go so far as to file to take the child a few days before. Get this straight, the ss worker is full of it.

Its the ss worker (DCFS) v you/wife

They try to make you believe that court is going to give the child back, that is just to tide you over. They are hunting for children to take.
I think they will not let you leave hospital with newborn, he's probably on a hold.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

illmotions
Posts: 8
Joined: Fri Nov 16, 2012 5:23 pm

Re: Help with Newborn in CA

Postby illmotions » Tue Nov 27, 2012 8:52 pm

Yes SS already looked at my mom as a caregiver, she had her house inspected and everything but she moved so it will need to be done again. Another thing I was thinking is the possibility of a temporary guardianship for the newborn. I would like to not cost my mom anymore attorney fees if I can help it. The baby is now supposed to be released Friday or next Monday. He is a preme that's why the time keeps getting extended because he isnt up to par health wise to go home. He is doing good but there is just normal preme issues. Now as far as the case goes basically they were gonna set something up where my mom would kinda be the foster parents because she was supposed to even get some funds for taking our child in. We would have still needed to do all the appropriate reunification homework in order for us to still get custody. Thanks for you guys input really I think this social worker is working to get our kids taken away as she seems "discriminatory" due to the fact that my spouse and I are currently on pain medication we get from a doctor legally. My mom actually talked to her and she basically said exactly that too her. She basically said that she thinks we must be hiding something like drug use or other from my mom because she wanted to give her praise from her visit(My mom by the way wouldn't stand for us using illeagal drugs and would turn us in for doing so). I think its time for a new social worker too.

illmotions
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Re: Help with Newborn in CA

Postby illmotions » Tue Nov 27, 2012 9:01 pm

To clear up my last post my mom came down for thanksgiving to see baby and see how we were doing. I gave her copies of my ua's for her own peace of mind. The social worker also was the one insinuating that we were hiding something and that was during a call my mom made to her to let her know that we were doing good. My mom wants to show up to court for the new baby too so I could get her down her before court to try and do the temp guardianship. I know I need to do a little more research on it myself but anyone who has gone through something similar in California could give me some info it would be appreciated. Is it something you can do in Cali? Can I get one from a different state like Washington in order for it to work out better? My childs foster mom said she did something similar but it was before they had any case in the first place.

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monkette31
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Re: Help with Newborn in CA

Postby monkette31 » Wed Nov 28, 2012 10:27 pm

The type of guardianship you are hoping for right now just isn't going to happen. Many things you have described are ploys by the social worker. The whole I can't make the UA because you had another appointment, she knew exactly that would be a missed test, counted as a "dirty", her saying you can go the next day? Heard that one before too, many times. YOU ARE TOTALLY BEING PLAYED, WAKE UP!! THERE IS NO WAY IN HECK THAT DCFS IS GOING TO LET YOU BRING THE BABY HOME AND KEEP HER or ARRANGE FOR TEMP GUARDIANSHIP.

My gosh, she did not recommend UNMONITORED???, that is also a b.s. ploy, that's a big enough sign right there. When they want to give your children back, they'll give you unmonitored. This just tells me they plan to keep your older child at minimum a year, I mean I was told that children NEVER go home from unmonitored status. It always goes unmonitored, monitored, overnights then home.

When your first child was taken, that whole situation sounds pretty off. Police taking away the non meth users? Meth users are pretty whacky people, can't believe the cops did that. The missed dirty test, the denial of unmonitored status' and now they have the FACTS, your DIRTY test, which is going to allow them to do anything they want.

Be brave and appeal this "dirty" test, get it on the record the conversation with the social worker telling you it was okay to go the next day, you did have another legal obligation that day you informed her about. The reason you need to do this is because in the end, all that will be looked at is the evidence they submit, which is YOUR DIRTY TEST, because a missed test is a dirty test and they will claim you are using, and of course your wife's using pot, they will count as using, not progressing with the current plan. When you were arrested, did you and your wife test dirty for anything or at a later date, are you ordered to go to na/aa meetings and such? If so, they will county this DIRTY test as if you are using.

The reason to appeal is because in the end when they terminate you and your wife's rights, if they take it that far, and with these cases, they stretch everyone and everything out to the limit. They will just later say that this was dirty test and you were using. The reason to appeal is to get your side of the story on the record. This is for future use because in a year, without your statements, they will just see the evidence that you missed a test and were using, they will not know what the social worker said etc.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

illmotions
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Joined: Fri Nov 16, 2012 5:23 pm

Help with Newborn in CA

Postby illmotions » Thu Nov 29, 2012 2:46 pm

We have not had a single dirty test for a couple months before and every other one up to this point since we had our kid removed. They did offer for my kids to live with my mom and even stated that if she was in the picture we could even live with her and our kids. Unfortunately at the time this was not an option but now it has become one. I am in good with my foster parent really good as in she has herself granted us "Extra Time". I'm pretty sure that I could have both kids go live with my mom and I trust her because she wants the best for my family. So maybe that would be my best option. I am just getting really worried as the future effects on my 2 year old, she is really starting to understand whats going on and she throws a huge fit whenever she goes to the foster home. My daughter really has bonded with my mom as well and she would be a lot more happy with her. We even had clean UA's for weed although they were not testing for it. Would it be a good Idea to maybe threaten the hospital of legal issues to try and make the test she had during birth go off record? I don't think a verbal confirmation really would stand in court. The judge like I said commended us on our progress and was quite annoyed we didn't get unsupervised (this was before the weed incident though). Anyways we would probably test clean for weed currently.

Also what you said about the room mates acting wacky, Unfortunately it was a more recent development with the male room mate so he was sober during the whole scuffle which is why they believed them over us also because the cops thought it was their apartment since they were the first ones they talked too and that's what the room mates told them. I think its weird too that them both having felonies on their record for drug charges then us with a squeaky clean record beside speeding tickets we get arrested.

So basically what I think my best option is then is to just give my kids up to my mom so we get increased visits and to lessen the trauma, and I will just figure out a way to move up by her in san fran even if I have to live out of my car for a couple months. Whats really BS about all this is im gonna lose my medical insurance which will make me lose my meds that keeps me from using drugs in the first place. Granted I could get off them now but It would be difficult and I would probably be bedridden for a week or two and be psychologically effected for at least a year.

illmotions
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Re: Help with Newborn in CA

Postby illmotions » Fri Nov 30, 2012 12:00 am

So the baby is most likely getting discharged Friday(tomorrow). Is there anything I can do to try and keep him in the hospital until we go to court? He is supposed to be going with his sister but up to this point there has been nothing set in stone that would make us think the child would be going into foster care. the social worker stated that he would be but now like always she is unreachable to answer my questions. Im aware they are going to be doing this because she said most likely they would but isn't there some documentation they have to provide before he gets placed? I know this would probably hurt me in the long run so im not going to do it but I really want to go in there and the moment they say tomorrow he is ready to go take him myself before they even have a chance to call the social worker. I highly doubt I could pull this off without unhooking him from medical devices but its an idea I had. I guess I have some preparing to do.

Anyways I feel like I needed to share that please understand that I just want to reunite my family and I guess Im just desperate but for sure I would not commit a kidnapping or anything for that matter to make matters worse for myself. If there was a way to take him without it legally looking like a kidnapping then I would do it. Like I asked a nurse who was teaching us a class "what if I decided I would like to take my child home even if it was against medical advise" she said that they would suggest you don't not do that but you could make that choice. So whats stopping me from going in there at 3 am this morning and saying I WANT MY BABY NOW. I would like to see them get a hold of a social worker in time to try and stop me but I doubt im even thinking straight now and im just worried.

One last thing I was thinking me and my spouse could do in order to help us with the whole weed thing I have a friend who works at a medical mary jane docs office and he could write up a medical card for my spouse that was pre dated before she gave birth. Now our social worker made it seem to us that if we had a card then it would make a big difference at least in her eyes(or maybe she is just stringing me along). I think that it should hold up in court based on some of the things I have read because she did have a card we just cant find it so the doc she saw before is the one who will do this for her. Now I think that once we have this card then the whole argument they have regarding prenatal child abuse now falls upon it being the doctors fault for prescribing it to her while she was pregnant (although in his professional opinion it was medically advised due to the fact she had actually lost 6 pounds because of constant nausea from the pregnancy). It was the ONLY thing that worked to allow her to keep down her food and the only reason she ended up gaining 1 pound throughout the pregnancy. Her OB doctor was also the one who finally suggested she go find a weeddoc because every other nausea med he tried didn't work and that he actually used it himself because he was getting chemo for cancer. I know it was a bad idea to smoke at all but I guess we thought that since we weren't being tested for it and that the hospital usually asks for consent to do a drug test(Especially if they end up charging you for it).

I know the people who have been posting me replies are busy but If you could throw in your 50 cents one last time by tomorrow I will really appreciate it.

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Eljay
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Re: Help with Newborn in CA

Postby Eljay » Fri Nov 30, 2012 9:30 am

You really need the law on your side... print out that court case which is now LAW in CA that states/clarifies that CPS has to prove that a child is harmed/neglected/abused in some fashion. Just because mom did drugs does NOT constitute abuse/neglect! She hasn't even had the opportunity to abuse/neglect this baby so, no, there is no reason why CPS should be trying to take custody. Yes, also get the drug card. Yes, when they say the baby is ready to be released, be there, court case/law in hand and if they try to give the child to CPS, tell them they are breaking the law and call the police to settle the dispute. Make sure CPS states the "allegation" of abuse/neglect, then provide the law to the officer and show them that there is no evidence or allegation of abuse/neglect of this baby.

The ignorance of CPS (or denial) of this new law does NOT give them the right to break the law. The law on parental drug use from the federal level down is that the if the parent's drug use *incapacitates* them and leads to neglect or risk of neglect, THEN CPS can move to remove the child. Every state law is written a little differently, but CPS has been abusing the law to kidnap children. They behave as if they have the right to take the children because mom smoked some weed while she was out of town with her college friends. CPS will behave as if the mother has a huge drug problem and the kids needs to be in foster care while mom goes to rehab. They have gotten away with it for years because parents are scared to death to challenge CPS and/or they are ignorant of the law. Finally, with that case mentioned previously, one mother took this to a higher court and the court said, "hey, if the kid is fine, then she's not neglected, despite what drugs mother is doing!" CPS is going to continue to behave in their old ways until people start challenging them and holding them to the law. If there is no evidence, whatsoever, that your child is abused or neglected, then CPS has *NO* jurisdiction over that child!!

You might even want to have a meeting with CPS TODAY to go over the "new" law (again, it's not new, it's just that CPS has been operating outside of the law and never challenged) and make sure they understand that YOU understand!!!
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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monkette31
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Re: Help with Newborn in CA

Postby monkette31 » Sat Dec 01, 2012 4:26 am

well, i hope you're okay. They most likely have a HOLD on the baby.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

illmotions
Posts: 8
Joined: Fri Nov 16, 2012 5:23 pm

Re: Help with Newborn in CA

Postby illmotions » Mon Dec 03, 2012 2:34 pm

Hey thanks for the replies They did put the baby in foster care on Friday however he did go with his sister so we were pretty much had him all weekend(im probably lucky I have such a cool understanding foster parent). Thats why I didnt make a huge fuss cause I knew where she was going, but if they would have tried to pull some seperate place3ment I think I would have called the police. I asked the social worker on friday how this works and she just gave a piece of paper that didnt really say anything. I also went to the local CPS office because my social worker wasnt able to be reached when the baby was released and whild I was there a supervisor told me they have 48hrs to set a court date. Is this true in CA I read that they have 72 hrs somewhere but I dont remember where and I thought it was for a dif state. So my point is Tuesday @ 3pm is 48 hrs and she made court for wednesday. Does this make a big difference at all? I will take your advice when I see my social worker and show her some of these documents. Thanks for your replies, I do feel like you guys have helped me make some important decisions.

Now supposedly the Worker was acting "positive" when she contacted the foster mom today and was making it seem since we were at the hospital every day and spent time this weekend that we would get him back. This could be a ploy but I dont know this lady is confusing. My mom talked to her and she supposedly said that as long as she was our worker she would make sure we never got either of our kids back cause she thinks we are "drug addicts" and she thinks we would kill our kids. So i guess my mom got into it with her. The lawer didnt really have anything nice to say about our worker either. I wish I could post names but I know that's a bad Idea here.

Anyways If I could have my kids go with my mom should I just go ahead and do that? I just dont want them to become guinea pigs. They want to sedate our daughter for possible hearing loss because of normal terrible 2 actions she is doing.

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Eljay
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Re: Help with Newborn in CA

Postby Eljay » Mon Dec 03, 2012 3:49 pm

illmotions wrote:Hey thanks for the replies They did put the baby in foster care on Friday however he did go with his sister so we were pretty much had him all weekend(im probably lucky I have such a cool understanding foster parent). Thats why I didnt make a huge fuss cause I knew where she was going, but if they would have tried to pull some seperate place3ment I think I would have called the police. I asked the social worker on friday how this works and she just gave a piece of paper that didnt really say anything. I also went to the local CPS office because my social worker wasnt able to be reached when the baby was released and whild I was there a supervisor told me they have 48hrs to set a court date. Is this true in CA I read that they have 72 hrs somewhere but I dont remember where and I thought it was for a dif state. So my point is Tuesday @ 3pm is 48 hrs and she made court for wednesday. Does this make a big difference at all? I will take your advice when I see my social worker and show her some of these documents. Thanks for your replies, I do feel like you guys have helped me make some important decisions.


The rule is that the hearing must take place within 72 *business day* hours. They like to take them on Thursday evenings so that you have to live without your kids all weekend long and won't have court 'til tuesday. So, while they may have requested a hearing w/in 48 hours of taking him, they had it prepared long before and just timed the filing and pick-up for their convenience and your torture. :(


So i guess my mom got into it with her. The lawer didnt really have anything nice to say about our worker either. I wish I could post names but I know that's a bad Idea here.

Anyways If I could have my kids go with my mom should I just go ahead and do that? I just dont want them to become guinea pigs. They want to sedate our daughter for possible hearing loss because of normal terrible 2 actions she is doing.


Danger, danger!!! Tell your mom to NOT piss off the social worker!!!! In fact, she should just shut up and not say a thing... maybe just nod her head or say, "oh, really?" or "hmmmm" or "I'll have to think about that." Just be vague and tell her not to agree with the CSW nor disagree with her. Get the kids out of foster care at all costs... it's not a matter of whether the foster home is nice, it's a matter of CPS having control & jurisdiction.
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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