Motion to remove children false allegations of neglect

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1974
Posts: 5
Joined: Thu Oct 08, 2015 4:19 pm

Motion to remove children false allegations of neglect

Postby 1974 » Fri Oct 16, 2015 6:40 pm

My son and the mother of my 4 grandchildren have been accused of false allegations. CPS says "neglect". Caseworker says she received a couple phone calls from someone who has been in there home. Said besides neglect, she is accusing both of them of being high on meth and there house is filthy. My son and the mother of my grandkids are both loving, caring parents. They don't neglect those kids. I go visit a lot and if I saw such a thing I would speak out.
Caseworker stated to me that when she went over to see them they were both mad about her invading their home. Stated to me that they both must be high on meth. She is assuming a lot of things. I'd be mad to.
Several years ago cps accused her of having a filthy house. Yes the house was a mess. I went and took my grandkids for 2 weeks. House got cleaned up. End of story. She isn't the greatest house keeper and its not spotless, but it is presentable. She is accusing them of this again and has not even been in this house.
A couple weeks ago they found out that this caseworker had filed a "motion to removed children from home". They haven't been served papers yet because they, being cps, have not gotten the kids yet. The mother took the kids and went to stay with a friend in another town, because she doesn't want them taking the kids. I don't blame her.
Since this started I have had several conversations with the caseworker. She has lied to me a few different times. I don't trust her, but stay cordial for sake of my family. My husband and I went ahead and got approved for placement of children if it comes to that. I emailed her yesterday and asked if she would give me a signed statement that says I have placement of my grandkids. She usually responds shortly. Haven't heard back. I sent her a text about it. No response. I tried calling. no answer. Even though she has said I have placement, I would like it in writing. Because I don't trust her or there system, I'm afraid if I got the kids, she would come and take them from me and try putting them in foster care.
These meth accusations.......quite a few years ago my son did have a problem with meth. He spent a year in prison because of it. But since then he has been clean. Its not fair of them to bring this up accusing him of using it again. He is not, nor is the mother.
I don't blame the mother for going into hiding. I know in my heart that she is taking good care of those kids. Caseworker keeps telling me she is afraid she might hurt them. OMG. She would never do that.
I told the caseworker this is all wrong. It has gone way beyond wrong. I asked her why she didn't call me when she thought things were getting so bad, as she has my phone number from several years back. She didn't have an answer. Why she didn't try and contact any family on either side for help or assistant is crazy.
I am so upset with this cps worker and there system. I need some answers as to how they can get away with all this crap. It's not right nor is it fair to my son and his family.
Any help or ideas as what to do would be greatly appreciated.

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Motion to remove children false allegations of neglect

Postby family_man » Mon Oct 19, 2015 10:53 am

You should proactively collect evidence while you can that the children are not neglected. Take pictures of the house, with a time stamp, showing that it is safe for the children. Get a statement from their pediatrician that they are not neglected. Get a drug test on the father to show he is not high on meth. Get a statement from his physician that he is in good health. Collect report cards showing their progress in school. Retain an attorney if you can afford one to be on stand-by in case he's needed.

CPS must convince a judge based on the preponderance of evidence that removing them from the home is justified. This can be done either before they are removed or after. If it's done after removal, it must be in situations where the children are in imminent danger.

Usually, the initial hearing is done so quickly, the parents have no evidence to counter the lies and exaggerations of the caseworker. This means the caseworker will win. You have ample warning that something is up. Use this time wisely.
Disclaimer: I am not an attorney, and this is not legal advice.

gnote
Posts: 2
Joined: Thu Apr 14, 2016 6:10 pm

Re: Motion to remove children false allegations of neglect

Postby gnote » Fri May 20, 2016 3:54 pm

I am in the same situation but in California, it's ashame how they get away with this. I also need help with how to deal with this. I think in our case they know we can't afford to get the money to pay for a lawyer that specializes in cps cases, so we get send to a special court room, when all the other court cases for cps would usually are held in a different court house about 15 minutes away. They don't realize that nobody is going to take care of your kids better the one that knows them best, the parents. I wish I knew more people in my area that could help me with this, the courts are not willing to work this out in any way , final outcome was they want the kids

gnote
Posts: 2
Joined: Thu Apr 14, 2016 6:10 pm

Re: Motion to remove children false allegations of neglect

Postby gnote » Fri May 20, 2016 4:02 pm

Same issue as post above, if you can help me with this issue or you know someone who knows how to deal with this please contact me at my email at [email protected] or call me 619-794-3953 my name is
G.A.MTZ


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