Was legally going to a methadone clinic....then CPS got invo

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Ashley1988
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Joined: Wed Oct 07, 2015 7:15 am

Was legally going to a methadone clinic....then CPS got invo

Postby Ashley1988 » Tue Oct 13, 2015 10:16 am

I live in Tennesse where a new law has been passed where women who are pregnant and use drugs can be prosecuted. I was going to a methadone clinic starting in march 2014. In august 2014 i found out that i was pregnant. My sister in law could not have children and had problems with infertility so when i was 6 weeks pregnant i asked if she wanted to adopt the baby i was carrying as i already had two boys, one 5 and the other 8 mos. I coulsnt afford a third child as i had just moved to tennesee from indiana and was just getting on my feet. I didnt want to take away from the boys and couldnt give another baby the life i wanted to having 3 kids. She joyfully accepted to and went to.every single doctors appointment with me. We discussed with the doctor me coming off of methadone and the risks outweighed the benefits so it was decided i would stay on it. Tragically in november 2014 my five year old son passed away from a brain aneurysm. Completely natural causes. I was heartbroken and mentally not right fter losing him. I decided to.continue on with the adoption, not wanting to break my sister in laws heart and was in a depression from losing my son. On april 3rd 2015 i gave birth to a little girl. The father of my baby signed the adoption papers several weeks before her.birth and i signed the adoption papers the day I had her. DCS got involved because the baby did go.through withdrawl, which was expected as i was legally going to the methadone clinic before i was pregnant and throughout the pregnancy. The DCS worker assigned to.investigate came over a month after i had the baby. I explained to her the situation and she wanted me to.sign custody over of my other son to my sister in law. I refused and went above her to her supervisor.who.completely agreed with my side agreeing i had done no wrong. Her, not liking the fact that i didnt.give in to her orders filed a false police report stating i was usuing illegal drugs while pregnant, admitted to using illegal drugs while pregnant and that the baby i just had had.been taken by CPS. Every statement she made was a lie. My sister in law adopted the baby, had planned to.since day one and cps.never took.her into custody, i was legally on methadone and had.been.advised by doctors to.continue that treatment. I had to go to jail over this and pay $2000 to an attorney to fight my case and avoid a felony on my completely clean record. Also knowing that she had.no means of legally taking my younger son, she scared my sister into filing for emergency custody based on a statement of lies by telling her my son would be put into.foster care if she didnt. Now my sister in law has become attached to my son and is trying to keep him. The DCS worker conveniently.closed the case when people started looking into it. This woman has destroyed my family and filed a false police report. She blatantly lied in the police report and i have documents proving the opposite of what she said. I want justice for me and my family but it seems as though DCS workers are practically untouchable. I have other horror stories about.this woman but these are the basics of.what shes done.

Ashley1988
Posts: 3
Joined: Wed Oct 07, 2015 7:15 am

Re: Was legally going to a methadone clinic....then CPS got

Postby Ashley1988 » Tue Oct 13, 2015 10:20 am

Im confused as to why DCS would would close the case so.quickly....If I had done anything wrong wouldnt it remain open? And if DCS closed the case wouldnt my sister in law have no leg to stand on in court?

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LindaJM
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Re: Was legally going to a methadone clinic....then CPS got

Postby LindaJM » Wed Oct 14, 2015 8:50 pm

If DCS closed the case, then who has legal custody right now? Has there been a court order giving someone else custody?
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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 ...

Ashley1988
Posts: 3
Joined: Wed Oct 07, 2015 7:15 am

Re: Was legally going to a methadone clinic....then CPS got

Postby Ashley1988 » Thu Oct 15, 2015 2:34 pm

Yes. I stated that the caseworker, knowing she legally could not remove my child from my home, got my sister in law by herself and told her that she needed to file for emergency custody, otherwise they were going to take him and put him in foster care. The caseworkers supervisor told me that they had no grounds to take him. She bullied and scared my sister in law into trying to get custody to keep him out of foster care. She then coached her what to say in the emergency custody order so that itd be granted to her. It states in the order "i.was abusing perscription drugs and other drugs (lies) that my 5 year old son was awarded to the state of indiana (lie) and then died in november" making it seem like i was abusing all kind of drugs, didnt have custody of my oldest child, and then he died while in custody of dcs. It also stated DCS was involved....which immediately after she filed for emergency custody the caseworker hurried up and closed my case. They didnt investigate any of these statements, they just granted.her custody.

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LindaJM
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Re: Was legally going to a methadone clinic....then CPS got

Postby LindaJM » Tue Oct 20, 2015 6:42 pm

If CPS closed the case you will have to file in family court to get your child returned. Can you get an attorney to help you?

If the custody order is temporary, when does it expire? You may have to fight it out in court.

Collect evidence showing that the allegations she made against you are false. You can write a declaration of facts to refute the lies she told the court about you. See the Legal Document Library for a sample declaration.
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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