crooked cps

[raven]

My sister is dealing with cps no thanks to her ex boyfriend who claims that she is a drug addict that she does crack and coke and does it constatnlty,he started to call after she left him ,he went to jail for beating her and her hurting their daughter,he's looking at 9 counts against him,now my sister new he would do this call cps since he said right in front of the cops when he was getting arrested that he would,i thought who would believe this man,since he's been arrested in the past 32 times for domestic violence not all from my sister but from also from others.So he called when he got out of jail he managed to post 25,000 bail once he was released that was hit pure hell.He's probably called over 10 times since july,now cps out of the blue serves her with neglect from the night she was beat'n which i find sickening,so when she went to court of course she was treated as though she had murdered someone while this guy sits and laughs that he gets treated with more respect than she does.Well she was courted ordered to take urine test she had to go right that second so her lawyer brought her over there and waited a month for the test and she urinated in a dixie cup which is not legal anyways it came back with a high amount of water saying that she must of drank massive amount of water beofre court which i found out that if she did something like that she could of drowned in her own lungs when my sister told the judge she didn't even know she was being test for drugs that it was about the neglect charge from june.So anyways the test came back tampered with and they blamed her even though someone watched while she took the test.So they took it a s a high positive for pot.Now she has to go to rehab and that the cps worker demanded that she be put in not in out patient but it's upto insight house to make that decision not his,the second test she took went missing then came back out of nowhehere's and says she still testing positive for pot but at a much lower dosage and nothing nothing else at all.The cps worker had been talking to her ex all summer but not once contacting her and asking her anything,he also got her ex saying all kinds of things about my sister and another guy who was living at the house to lie now the guy confesses that he lied about everything that her ex told him that if he didn't back him up he would throw him out ,well after he did anyways .This cps new that her ex and this guy had been lieing and actually gloated to my sister about it and even knew that he had beer in the house and never reported it to his probabtion officer.Were waitng to go back to court to prove her innocense ,it just seems that no matter what she does that the judge and cps just aren't happy.

i also like to add that i caught this cps guy at my house sitting in front of it watching my house as another cps worker was already there while i video taped him doing this he waved at laughed and even stuck his tongue out at us,when we went to court we filed a complaint and an investigator called my sister and read all the file on this cps guy and found that he was covering his butt and that was questioning him how come it took him so long to file these charges,so he took the video to the comissioner office and she was hot she was not ahppy with this guy and he was kicked off the case what i want to know is why isn't the charge against my sister droped.

Can i sue cps for what he did and if we go to court and find that she's innocent does anyone know,thanks!

oh this site is awesome!!

[Marina]

Hi, and welcome to the site.

Go to this site
http://www.childwelfare.gov/systemwide/ ... ies/state/

Click the NY option and "case planning."

Your sister can file motions with the Court about everything.

Something like this:

1. Case #
2. Court
3. Parties
4. Date
etc

5. Topic: Case Planning

6. Relevant laws:
New York Codes, Rules, and Regulations.]

Each family assessment and service plan must document the involvement of the parent...

Encouraging the parents or guardian and the children to participate in the development and review of the plan and attempting to obtain the parents' or guardian's signatures documenting their review of the plan..

7. Facts:

I was not involved...

8. Court findings and orders:
The court has found no evidence that the family was involved in case planning...

9. Analysis:
Detailed description of the situation.

10. Pleading:
Motion for the Court to find that the family was not involved in Case Planning... and to order Child Welfare to involve the family in case planning.

Make copies for all parties and file it with the Clerk of the Court.

Keep going with each item and nitpick everything.

If the motions are denied, then consider an appeal to a trial court. In our locality, the trial court has concurrent jurisdiction with the juvenile court in case planning.


Here is the reasoning of how this type of outline may be useful.

http://fightcps.com/forum/viewtopic.php?t=8860

Good luck.

[raven]

Thank You Marina,we are trying everything but this judge is ruthless and belittles my sister in court to no end.No matter how hard she tries to do everything they ask her to do it's not good enough for her or cps.We are at our witts end here.

THANK YOU !

[raven]

i haave a question we had a mediator from the neighborhood center come to our house to check the kids and talk to my sister about times and dates for her ex to see them at his house,which scares me to death since he has already physically harmed their daughter.

We wanted to video tape to make sure that their would be no problems since we trust no one at all when we asked her if we could she said she wasn't comfortable with it and we said it just to protect everyone that we understand what 's going on when we make an agreement of the times and dates well she wasn't happy but she said she understood that we were trying to protect ourselves from lies but that she insisted that we didn't have top worry about her doing that to us and i asked how do i know that we do not know you at all and she understood that ,well now she calls my sisters lawyer and bitches about it and that she is going to bring it upto the judge and now our lawyer says the judge is going to slam on my sister when they go back to court.i didn't think we were doing anything wrong or that it was that bad i mean we didn't harrase her or act bad to her about it we just decided to go to her office instead and she seemed fine with it,and then does exactly what i said we were worried about that she would be nice to our faces and then behind our backs say something different ,in my opinion she did exactly that she proved my point exactly,correct me if i'm not wrong.

Is it wrong to protect ourselves?

[raven]

Update on my sisters case ,the judge dismissed all charges against her ex boyfriend saying that there was not enough evidence against him ,like 5-911 calls and i witness and police reports were not enough evidence in her eyes.all 9 charges were dropped and my sister is still being charghed with neglect even after his charges were dropped out of the blue ,the DA told my sister 100% he was going to jail ,ok either she lied or we have the worst DA in history.They still deny her to be left alone with her children even though she has done everything they have asked for and this judge still won't let her be with them by herself,now they want my sister and her ex to take a mental health exam ,giving no explanations as to why and almost a year after she was attacked by him.This judge is still allowing this ,her to be prosecuted even though the cps worker who originally brought up the charges was kicked off the case after the commisioner of ny saw the tape we have on him ,and still we here we are getting no further .any help for a another lawyer who can help us for oneida county ny .