failure to acknowledge pertaining facts?

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

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IntelligentMother
Posts: 1
Joined: Fri Sep 25, 2015 8:06 am

failure to acknowledge pertaining facts?

Postby IntelligentMother » Thu Oct 15, 2015 5:29 pm

I have been harassed by DCS since March 2015. Today is 10/15/15 and my children have been removed from my care since 9/16/15. I have been their sole caregiver for their entire lives (my oldest is 3 and youngest is almost 2). During my most recent case they were immediately removed pending results of an oral fluid drug test given b unwilling consent. They failed to acknowledge that I have a valid prescription antihistamine and tested positive for amphetamines. My initial hearing will be held on 10/21/2015 and I have not been assigned a public defender, like I really trust them with the fate of my children, and I have just received the reports from my 3 previous cases. I requested them 8/11/15 and they were not available to me until 10/9/15. In the first 2 assessment conclusions I was found to provide for all the basic needs of my children, have a secure bond and outgoing relationship with my daughters, and my daughters were found to be happy and healthy. The reports stated there was no need to remove the children from my home. The third allegation was rather nasty, someone close to my girl's father made an intentional false report of sexual abuse against my boyfriend. After conducting an interview with my 3 year old without proper training, any witnesses, or permission from myself or their father I was very aggressive in defending my daughters rights not to be assessed by someone who clearly made her uncomfortable. This report came to a close September 1st, with the report once again unsubstantiated. The children have plenty of food and appear healthy and nourished. The home is clean and adequately furnished, and as a stay at home mother, I am capable of supervising the children at all times. However I am adamant that my boyfriend is innocent and I am hostile towards DCS involvement.

Because the statements are all from the recent future and I was unable to access any services to attempt to prevent the immediate removal of the children from the home, without court order or warrant by police to enter my home, I denied entry into my home to both the deputies assisting and the FCM to this most recent case, and I have valid reasons for testing positive for amphetamines by a test that is not reliable based on FDA and SAMHSA publications, can I countersue for failure to acknowledge all pertaining facts and evidence resulting in severe trauma to my childrens mental health needs and injury to the bond and relationship between myself and my children?

Unfortunately I am unable to afford representation. I have done all that's in my power to bring them back home unfortunately no matter how much research I do I don't have the knowledge to put it in court form AND ensure that my voice is heard for the sake of my children. Thank you for any advice you have.

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LindaJM
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Re: failure to acknowledge pertaining facts?

Postby LindaJM » Sat Oct 24, 2015 10:37 pm

I'm sorry I haven't responded sooner - this has been a bad month for me, insofar as keeping up with the work on this site. I wonder how your hearing went, and whether you got a public defender. Did you sign papers in court, or request a trial?

So, did you already get through three investigations, then get falsely accused again? Is your children's father making these reports?

Where are your children living now?

About failure to acknowledge pertaining facts... the caseworkers often don't care about exonerating evidence if they're trying to build a case against you. They may report to the judge only what they believe makes you look guilty. It is up to you and your attorney to present your side of the case to the judge.
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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 ...


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