Do I have to meet with CPS? Do BOTH parents have to?

Are you going through an investigation now? Tell your story and get feedback here.

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mamalion
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Do I have to meet with CPS? Do BOTH parents have to?

Postby mamalion » Tue May 15, 2012 9:00 am

Our new case is still open, although our doc said there is NO problem at all.

Well worker wants to meet with us both and the kids alone, our lawyer already said the kids alone is not happening due to PTSD they gave them.

Well My husband offered to meet her alone, she is complaining, but do they have any power in this? I have a lawyer involved, I'm told I don't even have to appear at court cases if you have a lawyer, so why do I have to go get abused by a CPS worker

noroses4u2c
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Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby noroses4u2c » Tue May 15, 2012 12:53 pm

Anything your husband tells her will be twisted as a reason to attack you both.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby mamalion » Tue May 15, 2012 1:30 pm

you think I don't know that? BTDT


but they want to meet someone


can we refuse and have her meet just the lawyer? is that legal?

noroses4u2c
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Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby noroses4u2c » Tue May 15, 2012 2:08 pm

I have no idea, but I sure wouldn't want to meet with them.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

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Eljay
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Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby Eljay » Tue May 15, 2012 4:16 pm

First, ask them to clarify if they mean "ALONE" meaning just the caseworker and the child, or "WITHOUT PARENT PRESENT." They just can't argue with your need to protect them from strangers so... NO, you will not send your child off alone in a room with a stranger adult. With a protective presence, like a police officer? Sure.

The thing is, you know that they have to conduct their investigation in order to close the referral. What you need to do is find out exactly what the "referral" or allegation is and that is ALL they need to investigate to close their case.

You didn't indicate what county you are in last time I asked so I'll let you do the homework. In LA county, every single policy, rule, guideline & update is available online... I hope your county has the information available as well. If there is no LAW stating that you/the kids MUST comply with their terms, then state that. There was a family here who sent a letter which effectively ended their case, although their circumstances are different:
viewtopic.php?f=82&t=11828

This is the CA Welfare & Institutions Code:
http://www.leginfo.ca.gov/cgi-bin/calaw ... y=&hits=20

I can't find anything in there that states that you must consent to an investigation under THEIR terms. I suggest you demand that they provide you with the law that says otherwise. Until then, you'll be happy to allow them to conduct the investigation IN WRITING. You might even want to state something to the effect of:

Previous interactions with the department resulted in the traumatic and unnecessary separation of my children from their parents based on entirely false allegations. The inability of the department to ascertain the facts in the process of the previous investigation and, instead, fabricate a collection of lies which were a detriment to our family, leads me to proceed with extreme caution in any future interactions with the department. I'm sure you can understand how the protection of my family is of the utmost concern so I will move forward in a manner which is in the best interest of the children.

I have reviewed the California Welfare & Institutions Code, which is the code that dictates laws under which your department must operate. In my review I found nothing which indicated that anyone in our family was under any obligation to comply with a verbal investigation by anyone in your department.* There will be no verbal communication unless my attorney specifically approves it. This ensures honest and ethical behavior on the part of the department by requiring all communications be made in writing so that there can be no misquoting, fabrications nor out-of-context references.

I understand that the department needs to conduct an investigation in order to close this referral/allegation. The children are well and safe and there has been, and will be, no abuse nor neglect of the children so the department can rest assured there is no urgency in completing an investigation. If they were at risk of harm I would be the first person to seek help for them. At your written request, I will provide you with the answers necessary to close the case if, and when, you provide complete & specific details of the allegation. Because the children have been traumatized by the employees of the department, any information needed from the children will be provided by the children's pediatrician if the department is in need of third party verification. If there are any specific questions the department would like answered by the children, please provide them in writing to me and I will have the pediatrician answer them at their next visit.



*It's true... I didn't find a thing! Not that I read every word, but I perused the relevant sections and found nothing! you should read it too. You would have to cooperate with a POLICE investigation, but not county lackeys! Even in a police investigation, they can't compel you to cooperate, just charge you with 'obstruction of justice' or somesuch charge.

Anyhow... you know this may piss them off, but I still don't see anywhere that says you have to cooperate with their investigation.
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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mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby mamalion » Tue May 15, 2012 4:22 pm

they spoke to the doctor, the doctor says there is nothing wrong, case should be closed. But CPS wants to interview us and the kids without us there still and there are talks of parenting classes.

Our charge is taking our child to the doctor.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby Eljay » Tue May 15, 2012 4:27 pm

mamalion wrote:
Our charge is taking our child to the doctor.


If that is their allegation, then there is no disputing it. You took your child to the doctor. They don't need to talk to the child to confirm it. The problem is that "allegation" does not fall under a definition of abuse nor neglect. So, more specific info or close the case.
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby mamalion » Tue May 15, 2012 4:46 pm

well that is the problem, there is no case, they are trying to make a case out of thin air.

they believe taking a child to the doctor = abuse, as that is what our first case was, doc said to do tests, we allowed them, we where charged with risk of serious physical harm due to allowing the blood tests

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby Eljay » Tue May 15, 2012 6:46 pm

I'll say it again... they have to investigate. Make them do it in writing. Tell your ped the same thing... only communicate in writing. If they want answers from the kids, make them put it in writing and work with your local police department to do the questioning. I hope your kids aren't afraid of police!
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby mamalion » Tue May 15, 2012 7:06 pm

My kids both have anxiety disorders and the one is totally scared of strangers.

So one would cry the other spit at the social worker, lovely!

No one is willing to do stuff in writing, been there and tried that.

maybe hubbie will go and read his statement, shove it in her hands and say goodbye

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Do I have to meet with CPS? Do BOTH parents have to?

Postby Eljay » Tue May 15, 2012 7:45 pm

mamalion wrote:My kids both have anxiety disorders and the one is totally scared of strangers.

So one would cry the other spit at the social worker, lovely!

No one is willing to do stuff in writing, been there and tried that.

maybe hubbie will go and read his statement, shove it in her hands and say goodbye


If you were deaf, they'd do it in writing. If you spoke Mandarin, they would do it in Mandarin. Tell them you only speak writing. Do it in writing. If they call, don't answer. You're still communicating with them, but in writing. Or don't. It's your choice. :)
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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