Some questions/advice? Neg UA on 1st

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AmandaJones26
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Joined: Sun Jan 18, 2015 10:36 am

Some questions/advice? Neg UA on 1st

Postby AmandaJones26 » Wed Mar 25, 2015 8:21 pm

Hello and thank you for your time. I just have a few questions.
Please-do not judge. I only ask for help.
Jan 3 I tried what I thought was a pain pill my "friend" shared with me while my parents were watching my 11 month old baby. It was a rough week, bad idea, I thought it'd help my back. I don't have much experience with them, just that I had a mild perscription from c-section.

Anyway it wasn't a pain pill. It killed me. Somehow I had overdosed and paramedics revived me. Very thankful.

Police found no evidence. Cop went into my car and found nothing, but saw car seat. Called cps on my in my neighboring town.
2 days later a worker shows up and I am embarrassed and willing to do anything to make it right. I voluntarily drug test and am negative for everything. (Most all drugs stay in system 72 hours)

I go to 4 drug counseling/parenting sessions. I have highest score possible in parenting eval and my counselor is pleased with sessions and doesn't deem me to be a habitual user or addict.

It's been 3 months with no contact. In middle of these 3 months I call and ask what is going on-social worker days she is filing the case in court. Nothing ever happens. I am never summoned.

This past weekend a new social worker calls and asks to come by. She will be by tomorrow.
What is even happening to me?

Child wasn't with me during incident, I live with my parents, I am a student, I tested negative on first UA and never tested afterwards but if I am again I'm clean.
I just want this to be over. Please advise.
Thanks in advance!

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Some questions/advice? Neg UA on 1st

Postby family_man » Thu Mar 26, 2015 5:48 pm

Hopefully by the time you read this you will have had your visit with your social worker and will have more answers. Basically you still have custody over your baby, since there has been no court involvement so far. You made a mistake, but you are showing you care for your baby's welfare by letting your parents take if him (her?). You are voluntarily cooperating with CPS by staying away while they conduct their investigation. If your case does go before a judge, this should count for something. Plus the fact that you have been drug-free for 3 months.

In principle, you could legally take your baby, leave state, and CPS couldn't do anything about it. I don't recommend this because if CPS found out where your went, they would certainly refer your case to your new state.

If I were you, I would retain the services of an attorney on a contingency basis. You might have to put some money into a trust fund, most of which can be refunded if your case doesn't go anywhere. It's hard to predict what will happen, but if it does go to court, you will need someone to defend your interests.
Disclaimer: I am not an attorney, and this is not legal advice.

AmandaJones26
Posts: 3
Joined: Sun Jan 18, 2015 10:36 am

Re: Some questions/advice? Neg UA on 1st

Postby AmandaJones26 » Thu Mar 26, 2015 7:09 pm

Oh I'm sorry, I think my wording was a little wrong . I've stayed with my parents the whole time, still taking care of my baby 24/7, it's like nothing ever happened. I just technically can't take her alone anywhere.

They did come today, things went ok. She said she wasn't going to file in court but wanted to keep the case open a few more months just to gradually end the case.
Doesnt make too much sense to me as to why, but I'm so happy it's not being taken to court.
I'm complying with any and all requests.

I just want it to be over so we can get our own home.

Is it normal for cps to have no contact with someone for 3 months after a case is opened and then to continue to keep it open even longer with no court proceedings?

THANK YOU for your time!!!!

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Some questions/advice? Neg UA on 1st

Postby family_man » Fri Mar 27, 2015 9:17 am

I'm glad they're letting you stay with your baby while living with your parents. However, to be more precise, technically you CAN take her anywhere you want alone, since you still have custody and no court has ordered otherwise. CPS has no legal authority to order anything. However, if you fail to conform that the Safety Plan offered by CPS, they might try to get a judge to order compliance or to obtain temporary custody themselves. Since staying with your parents and your baby doesn't seem like that much of a hardship to me, and because your worker seems for the moment willing to close your case in the near future, I recommend that you continue as you are doing.

Be aware, however, that the real reason for the delay might be that CPS is waiting for you to "mess up" in some way, so that they can swoop in and claim you are an unfit parent. For example, if your baby doesn't gain weight in a way CPS deems normal, they may claim that she's "failing to thrive," and take custody for that reason. Or if she develops a bruise or a rash somewhere, they might say you have been neglectful or abusive and take her for that. Be very careful. Get written reports from your pediatrician that state that no neglect or abuse is indicated if any medical condition develops. I would still retain an attorney to help you in the event that CPS takes the case to court. You've been lucky so far, but you're not out of the woods yet.
Disclaimer: I am not an attorney, and this is not legal advice.


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