Please help, 6month old daughter taken by CPS

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jrochelle08
Posts: 10
Joined: Sun Sep 19, 2010 8:00 pm

Please help, 6month old daughter taken by CPS

Postby jrochelle08 » Mon Sep 20, 2010 12:39 pm

I am a 22(almost 23) year old mother. Friday 9/17 my 6month old daughter was accidently dropped by her father. I was at the store. Her father told me she fell from the couch while he was doing dishes. I immediately called 911 and brought her to the emerency room. Now to explain better this all took place around 5:30pm I had just went to the store and I was coming home I was on my apartment property by my apartment when her father came running up, he ran outside to see if I was anywhere close because he wasn't sure if she was seriously hurt. She is his first child and he has never been around children but I have. So I am the one that normally makes decisions. He is great though he so patient and amazing with her no matter how fussy. She is advanced too. She is already crawling, she sits up on her own. She eats rice cereal, baby food, banana cookies she makes all kinds of noises. She is just amazing. Her father adores her so know he would never hurt her. But when I took her to the ER the Dr said she had a humurous fracture and said the height of her fall and he fracture were not consistent. So when I called him because CPS told me it wasnt consistent he told me and CPS he was holding her and the bottle when he stood up and she fell. Our lap top was on the ground by her fall and he wasnt sure if she hit it. Her father is 5"9 and her fall then wouldve been a little over 2wice the fall of the couch. But CPS is saying now that her father never said the lap top was by her and they keep saying her fall was the height of the couch. He was standing up basically when she fell he was trying to do to much at once and she fell. He has beaten himself up so bad and he feels so bad over this. But CPS is still saying the story is not consistent so they took her on Sat 9/18 from the hospital. I told them that I would do anything to keep her I would have her father leave and even her father said he would leave if that is what was necessary for her to come home but they said they felt I wouldnt make him stay gone. Now I will throw out there that I was in the hospital and her father was home because the ambulance said only one parent could go and we dont have a vehicle and the bus wasnt running at the time. So CPS came to our home checked the house out even told me when they came to the hospital my home was nice...they spoke to her father in person and over the phone. CPS told me they were not afraid of her safety with me but with him. He has stated he would leave and do whatever necessary...parenting classes whatever. He loves that little girl and so do I she comes first. So her father and I are separating for our daughte and we plan to have in set up in a new place before the first court appearance because I am hoping they will allow for her to come home. Her father and I will follow all orders whatever is in the best interest of her. Even though we feel CPS is twisting everything we just want her to be home so we will do whatever. When I was a little over a year old I was taken from my mother and they kept me for 10months....I dont want the same to happen with her my mother said my foster parents were terrible...I just want my baby home. She cries with anyone but me and her father . I cant stop worring and I cant stop thinking about who is watching her praying she is safe. I just want her home. Please if someone can help me. Please! Do you think they will release her back in my custody if her father is not living here? By the way I am unemployeed...recently unemployeed...and her father is as well...we get state assistance and family assistance. We look for jobs everyday and when we get an interview we go. We are both in school as well so we will be getting a public defender. I just want my baby home can someone please advice me on what to do so I can bring her back home as quickly as possible. I would also like to mention CPS took her without any clothing on didnt take her clothes I had any of her diaper rash cream, she ad a diaper rash nothing all she had was the blanket I covered her in.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Re: Please help, 6month old daughter taken by CPS

Postby Marina » Mon Sep 20, 2010 4:06 pm

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Hi, and welcome to the site. I received your private message.

I assume your baby is in foster care, since you didn't say that your daughter was with relatives. If you baby is in foster care, you are supposed to get a court hearing almost immediately. In most states you each will automatically be appointed a lawyer right away. If you are in Texas or some place where that doesn't happen, then request one to the judge.

You will get a court order then, confirming that Child Welfare removed the baby. It will not be voluntary, because you will object, or your lawyer should object on your behalf, and say that the baby was not abused or neglected because the injury was accidental. An accidental injury is not abuse. If you do not go to court within a couple days - a week at the maximum, then it would be an outright kidnapping.

If the case worker had placed the baby with a relative, such as an absent ex-husband who had a history of domestic violence, and put you under a Safety Plan without going to court, then that would be called an "unsuitable placement," which is what you asked me about in the private message. If you signed a Safety Plan agreeing to the placement, then you would not go to court immediately. You would remain in limbo for an indefinite period of time.

It is common for the parents not to have visitation with the child until after the first court hearing. And the first visits will probably be at the Child Welfare office, until they trust you to cooperate. Then you will probably meet the Foster Parents at a Team Meeting, then later the visits may be scheduled without the supervision of the case-worker.

Don't be too quick to separate from your husband if you don't want to, because it will seem that you think he is abusive. If it was truly an accident, then defend yourselves by claiming it was an accident, and show how well you have cared for the baby up until now, by keeping up with medical care, etc.

Child Welfare will recommend, and the judge will order, that you get a psychological evaluation, treatment if needed, substance abuse services if needed, parenting classes if needed, etc. He will also order that you get a job, have stability, etc. before the baby will be returned. They will not help you with that, unless you lawyer pressures them, which he won't. Only separate from you husband if Child Welfare gives you an ultimatum and you have no other choice, and both your lawyers advise it. Otherwise, they are required to work with both of you for reunification.

If you have a nice relative, such as your Mom, who can care for the baby, then she can go directly to court and file a petition for custody.

Good Luck.

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