hair follicle ordered to close drug case, won't be favorable

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nutt1051
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Joined: Wed Oct 07, 2015 7:19 pm

hair follicle ordered to close drug case, won't be favorable

Postby nutt1051 » Fri Oct 09, 2015 3:23 pm

My daughters second child tested positive when born. Dcfs took custody of both her children. Would not place the kids with me (Grandmother of children) because of a report that was made against me when my (same) daughter was a teen. I checked her out of a behavioral hospital that I was not happy with AMA. Being mandatory reporters they were required to call CPU. The same day I checked her into a different facility and a case was never opened on me. Nonetheless is was a report so I was rejected. But luckily my daughter was able to go to a facility that allowed her to have her kids with her (4 month program) her husband (both kids father) was allowed to stay home but ordered to do out patient but ultimately entered inpatient due to not passing UA's and was ordered to get and maintain gainful employment. Both were ordered parent classes, individual & family therapy, random UA, etc etc. She completed treatment and returned home with the kids to her husband, who completed 30 day inpatient. They completed everything in their case plan and passed all their UA and at the last review that was supposed to close the case, the Judge ordered a hair follicle test. My daughter said it would not come back favorable. She says she will not be eligible for the program that allowed her to take her kids with her again until next year ( called "Arkansas Cares"). I am wondering what will likely happen now? What will the consequences to the hair follicle test likely be and is there anything I can do to keep me grandchildren from going into foster care?

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LindaJM
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Re: hair follicle ordered to close drug case, won't be favor

Postby LindaJM » Sat Oct 10, 2015 11:04 am

Who decided that you couldn't be the one to take care of your grandchildren? Was it the judge or the social worker?

If it was the social worker, I'd contest their decision about not letting you have your grandchildren due to one trivial complaint during your daughter's teen years. You could request a state hearing, or retain an attorney and take this to court. Personally, I'd try for a state administrative hearing.... but if you lose that you'll have to take it to court anyway.

That complaint against you was NOTHING... there was no case, no guilty plea... seriously... nothing that should disqualify you for kinship care.

I hope your daughter doesn't continue relapsing because if she can't get away from the drugs she will lose her kids permanently.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

nutt1051
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Joined: Wed Oct 07, 2015 7:19 pm

Re: hair follicle ordered to close drug case, won't be favor

Postby nutt1051 » Mon Oct 12, 2015 12:36 am

It was a social worker. Initially when DCFS first became involved and took the kids, I called to let them know I was capable and more than willing to care for the kids. She asked questions including if I had ever had a complaint made against me for abuse neglect or maltreatment to which I answered no. She said I had to be approved as a licences foster parent first and my info confirmed. When I called back and she informed me I wasn't eligible because of the complaint. I explained to her the circumstance's surrounding the incident to which she responded that she would "look into it" and never was available when I tried to call her back. DCFS refused to give me any info after including when and where that first meeting with the judge was. The social worker told the judge that placement with me wouldnt be a recommended option.
My daughter was a very problematic teen. She was admitted io behavioral/mental health hospital 4 times. I also had to file a fin's petition when she was 17 and youth services remanded her to the youth shelter. Despite her history, she plan. very good mother. There isn't any evidence of abuse, neglect, or maltreatment. The children's basic needs are being met. She admittedly has a drug problem and desires treatment. If the case isn't officially closed, who technically has custody of the kids? Is it possible for my daughter to sign temp guardianship to me before this test comes back? What is the judge likely to order in response to this test when it comes back and showed her continued drug use even though all other conditions have been met in the case plan? I hope she will be able to resolve her issues with drugs. That is something only she can do. All I am hoping for is to prevent my grandchildren from placed in foster care unnecessary.

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LindaJM
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Re: hair follicle ordered to close drug case, won't be favor

Postby LindaJM » Wed Oct 14, 2015 1:49 pm

I don't know what the judge will do. They are all different and make different decisions for different people. I'm really sorry your daughter continued to use drugs even with CPS in her life. That's disheartening.

So, are the children still living with their mother now? If they are put into foster care I would definitely request a state administrative hearing to try to recover Kinship Care rights.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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