Have you ever heard of a case like this one? Help, please!

[good dad]

90 days for everything

[righteousbabe]

90 days for everything

And it can differentiate between sudafed and the real deal, yes? I will definitely check into this. I'll pay for it myself if I have to, I'll pawn something if need be.

[Angelbaby6994]

[b]If I were you I would do both test's indepentdently (pay for them on my own) and make sure the place is as the other's have stated HHS or NIDA to make sure it's admissible in court and that way it show's that you are hiding nothing from anyone and that at the time of the original testing that the positive result's were wrong then as well as now. I would do whatever it took to get that baby home with me if I were you as what I am reading here by your word's is a case of the father and step parent attemping to take the child from you completly as well as CPS/DCF giving you the complete runaround which they are very good at doing. Seem's to me that the father's advising you to wait a 45 day period was a total lie and a way to be decietful and take your child from you and you should not have done this, you should have made immediate contact but being as you didn't know this and no one to tell you it I understand why it happened and the fear that it caused if you did that you would be kept from your child. You need to fight tooth and nail and don't tell them anything and I mean anything unless you have to and make it short and sweet so as to eliminate any extra info that they don't need as that's how they snag you and use it against you. Do not trust any of them even the nice one's and from experiance I tell you this they lie, lie, lie all over the place, use your own word's and statement's against you to get their own way with the judge involved. Hard truth but treat them as you would any enemy and keep them close but as uninformed as possible.
I would do whatever it took don't be afraid as they use your fear's against you to hurt and keep the child from you but be careful not to hurt yourself by doing the wrong thing's alot of people on here know alot about this so do ask but stand firm and don't let them keep that child by beating you down. Keep up the fight if you don't they win and this I am sure happen's more than not they do it alot and it work's. Hope to hear good news soon from you as I hope you get the child back. Foster home's even when the child is fostered with family isn't good and worse when the family member is not allowing you contact with the child this say's to me they are against you in this battle so look out. And if you do get to visit the child insist on having someone there to watch the visit so nothing can be said that isn't true this happened to me a cw lied on me when I was doing supervised visitation's so watch out you won't even know it's coming they will blindside you as they did to me several time's and it then start's a whole new mess. Hope this help's you and ss about this happening to you. I honestly feel that if you had contacted CPS/DCF upon learning of this happening you would have been alot better off this was intentional on the father's part, be careful don't trust him or tell him anything that could come back to haunt you.

[good dad]

GC/MS testing breaks down everything to the molecular level....It can distinguish every molecule in the sample....be it a hair or urine sample.

So yes it can tell the difference between meth and sudefed....

Here a hair follicle test costs about 90 dollars...which uses the GC/MS test method..

The u/a 2 part test is about 60 dollars I beleive and the 2nd test is a confirmation test using GC/MS..

To see if the lab they used is a hhs certified lab:
http://workplace.samsha.gov/ResourceCenter/lablist.htm

[righteousbabe]

GC/MS testing breaks down everything to the molecular level....It can distinguish every molecule in the sample....be it a hair or urine sample.

So yes it can tell the difference between meth and sudefed....

Here a hair follicle test costs about 90 dollars...which uses the GC/MS test method..

The u/a 2 part test is about 60 dollars I beleive and the 2nd test is a confirmation test using GC/MS..

To see if the lab they used is a hhs certified lab:
http://workplace.samsha.gov/ResourceCenter/lablist.htm

The lab is not on the list.

I found a website for the lab, and interestingly enough, in their FAQ, they state that "all positive screenings are confirmed via GC/MS".

Hmmm. Not what they said on the phone? Perhaps they have different procedures for CPS issued tests??

[good dad]

CPS cheaps out on this.Contracting with that lab to only use the drug screen..Only wanting to pay 20 dollars..Thinking you do not know the guidelines and won't push it

Here is something to think about:
A truck driver and his job has more rights over losing his job, then CPS thinks you have over losing your child.(he gets the 2 part test)

The CPS worker has more rights over losing their job, then you do for him taking your kids....( Now is this biased?)

If CPS workers took the same test and his boss had the same info in front of him...The worker COULD NOT be fired or reprimanded in any way, his union would fight to the death over using a drug screen to fire him, it would not stand up in court.

Everyone has many jobs in their lives, you only have "x" children..
The courts should demand MORE validity in drug testing to take children then the average worker gets over losing their job, not less

[righteousbabe]

CPS cheaps out on this.Contracting with that lab to only use the drug screen..Only wanting to pay 20 dollars..Thinking you do not know the guidelines and won't push it

So how do we "push" this? We spoke with the lab again today, and they said that while it is "standard" to do the GC/MS testing on any screens that are positive, with CPS it is up to the caseworker. They told us to call her. Everyone says to call her and she is NOT HELPFUL!

They did say that they normally keep the original sample if there is a positive, so this is a good thing I suppose.

The issue of the day:

This may not seem like a big problem but it has us stressing.

As I've posted so far, GF met with the CW last week who said all she needed to do was a home visit and a drug test and the baby would be returned.

Well, as you know, I "failed" my drug test. So I'm not sure if the previous "offer" still stands.

GF has had it up to there with this CW after all the drug test "discussion" on the phone yesterday.

Right now she needs to call this CW back and demand that the CW do the 2 part drug test on me, or retest my original sample, to clear this up....

but every time she does talk to the CW, the CW pushes the home visit issue. So far GF has skirted the issue and remained noncommittal.

So, she doesn't know what to tell her. Should she just say fine, and make an appt. for the home visit? Or tell her she needs a court order to do it? Or tell her no?

We're worried that she will use this to prove that we weren't in any hurry to get the baby back. It's not that at all, we just don't want to "comply" and get ourselves deeper in CPS's pit of hell. Especially with this new "drug" thing for her to hold over my head. I am now concerned about the other three children in the home and how this could affect THEM. I spoke with my ex-husband today, who said if there is any immediate concern, to call him and he will fly them up there (my two I mean) to hopefully thwart any sort of removal.

From all I've read the odds are slim that the CW has any real intention of simply returning the baby after a home visit, especially now that she thinks I'm a druggie...... so how do we respond to her questions about when we'll be doing it?? We considered trying to make her put it in writing that the 1 visit is all that is needed.. but again, how?

In other news, I feel like I made baby steps today towards finding some legal help. I have an acquaintance that works in my county's criminal district court office (staff attorney) and she at least was able to give me some phone numbers. One just called me back to say she couldn't help me and told me that CPS should appoint us an attorney (!!!)... but I still have a couple more numbers to call and I'm not going to lose hope yet.


S

[Steve_Naylor]

Call the case worker and demand the child be returned immediately regardless of what has been said on done up until this point. Tell the case worker if child is not returned you are calling the police a reporting the child kidnapped. CPS is powerless without a court order. They will have to return the child or go get a court order. If they go get a temp court order you said you have the Texas book. I used the same book in WV to win my case. Nevertheless at this point all actions are being recorded on the record.

[righteousbabe]

Call the case worker and demand the child be returned immediately regardless of what has been said on done up until this point. Tell the case worker if child is not returned you are calling the police a reporting the child kidnapped. CPS is powerless without a court order. They will have to return the child or go get a court order. If they go get a temp court order you said you have the Texas book. I used the same book in WV to win my case. Nevertheless at this point all actions are being recorded on the record.

Hi Steve;

I've been reading your case info you posted in bits and pieces today in between phone calls. Very impressive!

I don't ahve any book though.. not sure what you're referring to. I have just read the Texas Family Code for days on end now.

Our biggest fear at this point (and this was confirmed by someone at CPS today, NOT the caseworker) is that retrieving our child will cause them to start an investigation with vigor, come down twice as hard, and show up with court orders to remove ALL the children.. espeically with this new drug test issue.

S

[righteousbabe]

I know it sounds nuts.. but what about calling the cops, getting the baby back, then MOVING?

Foolish?

[righteousbabe]

Just thinking out loud here some more...

Is there ANY hope at all of getting our old caseworker assigned to the case, or at least having HER come do the home visit that this new caseworker is so gung-ho about doing?

We don't trust anyone, but at least we know her.. and in all the time she was doing home visits, we had a decent relationship and she never had any problems with our home or our family.

[righteousbabe]

Just the latest:

My GF called the caseworker's supervisor yesterday and got voice mail but told her (on voice mail) that she was not comfortable dealing with this caseworker. That she felt she'd been lied to and "railroaded" by her, and wanted to speak to the supervisor.

Well, the supervisor never called back, but the CW did, saying her supervisor had spoken with her, that she'd reviewed the case, and taht she "didn't feel comfortable" returning her daughter at this point until we "participate in services".

So, if we go ahead, do we first demand a written service plan and if so would we have the option of tailoring it before agreeing to it?

Is it better to "comply" without a service plan?

I just don't want to give CPS Carte Blanche to do whatever they want indefinitely. I want to comply with conditions. Is that reasonable??

My GF spoke with someone else there at CPS yesterday... she asked to talk to whoever is in charge of getting legal representation for those who can't afford an attorney. She told the woman that she wanted her to appoint her an attorney. The conversation went something like this (funny if this wasn't all so sad):

GF "I'm calling to request a court appointed attorney. You have violated my rights."

CPS lady "How have your rights been violated?"

GF: "I didn't voluntarily authorize her removal and I was never notified of any proceedings, or that she had even been removed, by CPS. I had to hunt down your caseworker to find out what was going on with MY child, and you are in violation of a court order because I have legal custody."

CPS: "We don't /can't/won't because there is no court issue and it wasn't a formal removal, it was a voluntary removal."

GF: "EXACTLY, which I did not consent to, which is why my RIGHTS HAVE BEEN VIOLATED!" (the "duh" is implied here, I think the CPS worker got it) So then, from what you are telling me, I have every right to just go get my daughter, yes?"

CPS "Well yes, but you'd be in violation of the service plan."

GF "Oh really? I have another question for you. How can I violate something I Never saw or signed? A service plan can't be enforced if I never signed it or agreed to it"

CPS "Ummm. Oh.... Well, Yeah, you're right!"

She then proceeded to tell my GF that while she could do this (go get her daughter), she'd end up with CPS coming down "twice as hard" on her, and since she'd begun compliance ( by taking the drug test), she would be "wise" to just comply. She said that taking the other method might end up with CPS at the door with court orders to remove ALL THE CHILDREN.

So now, coupled with my "positive" drug test, they have us by the cojones via fear for our other three kids. Lovely people.

Still working on the drug test issue. Trying to find an option for a hair follicle test that is not $150.00 at this point. Tomorrow I'm going down to the lab to see if I can at least pay them to do the GC/MS on my ORIGINAL urine sample, even though they told me that the results would only go to the caseworker. So if she's honest, fine. If she's lying... at least if it ever comes up in court, I could have these results produced, right?

Talked to an attorney today who specializes in GLBT AND CPS issues. Wow. Talked to her assistant anyway. He took down everything, asked lots of questions, and was very sympathetic. He's going to see if she can meet with me next week, but her consultation fee is $100.00. He did say that she is known for trying to work out the money issue via payment plans and such, so there's a small glimmer of hope there.

S

[Chaco]

If I were you, I'd have my GF go get her daughter ASAP. When CPS comes to your door just make sure you are no longer there. There HAS to be somewhere you can go (during the day) to make it appear that you no longer live there. You'd only have to do this until you got the money for the hair follicle test. Then I'd beg anyone and everyone for the $150.00 for the test. Maybe 20 dollars from 7 friends? There HAS to be a way! Shoot, sell candy bars (for profit) outside the mall if you have to!

Once you have the "clean" test in your hands, I can't see how CPS can prevent you from living there and therefore, they'd have to go away.

Just a thought on what I'd do according to what you've said. Oh yeah, as far as running with the child.... I don't recommend that one, because there is a father who's active in the child's life, this could REALLY backfire on you two. Good luck!

Chaco

[Steve_Naylor]

CPS lie cheat and steal they will tell you anything to scare you from demanding your rights. FEAR NOT stand up for your rights or they will walk all over you. AT this point I can see CPS keeping the child for a least a year so they can scare you into jumping through hoops to find more dirt. Hold them accountable to the law. Call their bluff. Assert your rights. Demand the child be returned and fear not their threats. Every state has a book that outlines the process of these proceedings. court proceedings that is. I have to get to work. Its called a judicial bench book.

[Steve_Naylor]

How many days now has it been since they took the child and they still have no court order? Its because they have no case is why they have no court order yet. They are trying to scare you so they can beuild a case

[righteousbabe]

Check it out, y'all... I started this thread almost a year ago.

This whole crazy situation just got worse and worse over the course of the year.


Here's something rather chilling, what Steve_Naylor said back then:

"CPS lie cheat and steal they will tell you anything to scare you from demanding your rights. FEAR NOT stand up for your rights or they will walk all over you. AT this point I can see CPS keeping the child for a least a year so they can scare you into jumping through hoops to find more dirt."

Wow. Bingo.

Shoulda coulda woulda, I guess... now all water under the bridge, but we didn't sufficiently fight CPS and guess what? She's still not home with us.


In the past year, we have:

Obtained hair follicle test (all clear & negative) shortly after posting here the last time

Had caseworker ignore it, and us, pretty much. Refused to discuss, refuse to return phone calls, refuse to return child, only saying she wasn't "comfortable" doing so.

Moved but with same number and forwarding address, in same city.

Been investigated for something else totally bogus, a re-hashing of previous events basically that the CW used my GF's teen son's fight in school to justify.

Had the eldest two threated by the CW that if they didn't come out of the house and talk to her, that she'd have them taken away from us.

Fought with the Dad to get the child back after CPS returned her to HIM at the end of the "relative placement".

Had CPS tell us that they didn't have to notify us of anything because DAD voluntarily placed her.

Had CPS do safety plans over and over WITH DAD that directly violated the court ordered custody (listing mom as primary).

Been ignored by CPS in more ways we can count.

Watched as Dad claimed a "safety plan" kept him from returning child to us.

Tried to get a lawyer, for the whole year. Finally got one this year.

Watched as Dad got away with "disappearing" with the child in the course of about 3 days and went around telling others that my GF would "never see the baby again".

Searched for child and dad to no avail.

Dad filed for modification of custody AFTER running off, then didn't show for court.. TWICE. His case was dropped but the Atty General's office didn't know where he was so we could go get the child.

Searched some more for the child while attorney prepare for motion for contempt on Dad.

Found Dad thanks to a private tip, had attorney file Writ of Attachment (pick-up order).

Which is where we are right now. Police were sent to Dad's new location to execute the writ. We got a phone call early in the mornign telling us to meet lawyer at the courthouse. Got there and realized we had to go before the judge. Not knowing why....

I guess (?) Dad called CPS caseworker when this took place and cried to them about how he worried about the previous situation with my son and my GF's son (see original post).

So, we sat in court while the attorney showed the judge the court order then left the room for something. Meanwhile Judge was talking about how it seemed apparent child should be handed over to mom. Someone, CASA I'm guessing??? told him no, that she'd spoken to dad, and dad was "doing all he was told to do".

So, we had to wait for original CW to show up... same one from the drug test nightmare last summer.

Joy joy joy.

So she does, and suprise surprise, she lies like crazy. She starts claiming that she's been 'searching' for us for a year, and talking about how my GF never cooperated with services. She says that she'd asked for parenting classes, psych eval, etc... NOT just the drug tests and home visit like she said back then.

I don't know why Atty. doesn't ask her to back this up with something in writing, but he doesn't, even though he tells us he knows she's lying.

She says my GF would have had her daughter back long ago had she cooperated (with these fictional requests!)....

She says she couldn't find my GF, despite the fact that we've had yet ANOTHER CW here in 2006, and our contact info has never changed. Of course she's not going to admit that we called her probably 100 times in 3 months with no response.

She says that the issue with my youngest and my GF"s oldest is a "concern" and that it could indicate an unstable situation. This has to be due to noise the dad is now making because it's all he has to use against us. He wants to make my GF choose between her 2 children.

Funny, the CW who investigate/offered services for six months saw fit to close it out in March/April 05 and mentioned her appreciation of our full and total cooperation. She also approved us all living in the same house, and so did both children's counselors, plus the family counselor.

Most of this discussion took place without us present, with the attorney running back and forth from us to the 'back room' where the CW was. He finally came out and told us that he was advising us to "just comply".

So even though Dad kidnapped this child and concealed her and did so with CPS's assistance and no one ever got a court order, we came home without the child, Dad has her, and we get supervised weekly visits.

My GF has to do parenting classes, a psych eval, and agree to random home visits.

There is still no court order or anything else legally KEEPING her out of our home.

The good news, I guess, is that she (daughter) is 3 now and hasn't seen us in seven months but remembered us all immediately and was ecstatic to see us, especiallly her mom.

I dont' see why CPS was involved, the case should have long since been closed and over with.... they interfered with a custody issue the way I see it.

Of course, the way I see it this is wrong on so many levels: child was removed (okay, "voluntarily placed") due to allegations against DAD and nothing more. CPS worker even said so in court, that there were no allegations against mom, yet mom is the one having to have supervised and limited visits and do all this other stuff?

How can this be?

I guess it doesn't matter. What's done is done and the stupid agreements must be upheld. What I'm wondering is this: how often are these "random" visits going to occur? My kids are freaked out about it. Also, what happens if we do all they're asking and CPS doesn't hold up their end of the bargain? Will the fact that it was all hashed out in front of the judge carry any weight, even though he didn't "order" anything and he's in bed with CPS here anyway?

Thanks

[candymeat]

I WAS ORDERED TO COMPLETE A I.O.P. IM HALF WAY COMPLETE AND IN COURT THEY STATE(CPS)STATED MY URINES ARE CLEAN AND IVE ONLY ATTENDED THE FACILITY TWICE,BUT IM ON THE LEVEL OF O.P. NOW ,YOU GET ME???YOU NEED TO PROVE YOUR SELF.....