My case *might* be closed?

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angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

My case *might* be closed?

Postby angelheart83 » Wed Nov 17, 2010 4:31 am

I didn't get the mail yesterday after it came, I didn't check it until after putting my son on the school bus this morning.

I got a letter from CPS and signed by both the last caseworker and the director. The letter said something about them deciding whether or not my family needed services and it was decided that CPS had "already recommended services and that I'd accepted them" and that I had to continue Jared's psychiatrist appointments and do what I was told there.

Does this mean that the case is closed?

Even if it is, I'm still pissed. Maybe I should be more thankful, but I'm pissed. For SEVERAL reasons.

1. Those "services" that I "accepted" were NOT even their idea! I was the one who arranged for those services for my son...the month before their investigation even began! I feel like their wording takes that initiative out of my side and tries to put it to theirs, you know?

2. I've had no problems with the psychiatrist and I do like her. However, parents are able to make medical decisions for their children and deny recommendations, and at the very least get a second opinion from someone else. I resent the wording that even suggests that I am not capable of making medical decisions for my children.

3. There was NO section in the letter where it said whether the case was substantiated or not. From the wording, I suspect that it was substantiated. My only clue was the mentioning of services being necessary but I'd already accepted them.

I'm not even sure that the letter means that the case is closed. I hope that is what it means, but the first letter said in its opening line "This letter is to serve as a follow-up regarding the concerns discussed during my most recent visits to complete the Family Assessment." Maybe I'm just being paranoid, but that doesn't really sound like a case-closed letter. Or maybe that's just how they word these things?

I'm afraid to contact them for a clarification on whether the case is closed and whether it's substantiated. Should I get up the courage or not? Is there a way to find out without asking them?

If it's substantiated, that's such a slap in the face. Our family did have a hard summer but we were all working together to bring things back to normal. NOTHING happened here that the ordinary adult couldn't handle without government intervention. During this investigation, even my son's autism behaviors were misconstrued as signs of neglect and that's another slap in the face. And that increased my stress level even more because some of the things they pointed out as "bad" were things that I had little control over and was doing the best any parent could do.

I wish I had full closure but I'm afraid to reach out for it and afraid of what I'll hear and that I'll just start getting more attention from them again.

I'm still hoping to file my lawsuit in December. The PPL attorney actually doesn't think I have a case...but his letter to me did not address the Constitutional violations at all. He relied on "they have to investigate" which some courts have ruled against before. He's not a civil rights or Constitutional attorney so maybe those issues just don't stand out to him. I'm trying to keep up the hope because the hope of justice is what's keeping me going.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Re: My case *might* be closed?

Postby Dazeemay » Wed Nov 17, 2010 7:51 am

They are keeping your case open. It's their clever way of saying "we will have our eye on you all of the time". My daughter had one of these letters and nothing happened for two years then "wham". They are waiting for a perfect incident they feel will put them in the drivers seat.

As far as thinking you can get second opinions and make medical decisions that is not acceptable even with drs. This is what started our whole thing with cps. Our daughter was going to take our granddaughter for a second opinion and this made the pediatric dr. mad and she called cps because our daughter did not show for the appt. she made for her to take our granddaughter to the other dr. Granddaughter has a genetic disease and this pediatric dr wanted her to go to a head shrink dr.

Be sure and correct their letter by showing you made the appt.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Wed Nov 17, 2010 7:57 am

So I basically need to initiate contact? Darn I was really hoping that I wouldn't need to. Well, I guess it'll give me the opportunity to request my case file. I needed to request my case file anyway for my lawsuit.

I might be getting new carpet this weekend. If things go smoothly then maybe I can send those things on Monday.

I want this to be OVER. :cry:
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

treytrey1
Posts: 279
Joined: Wed Sep 01, 2010 12:32 pm
Location: Tennessee

Re: My case *might* be closed?

Postby treytrey1 » Wed Nov 17, 2010 1:40 pm

According to DCS her on Tenn. the case can only be open for up to 18 months, however I went to class with a girl that was going
on two years. I had also heard of other familys that were going on two years and hadnt even worked there permancy plan.
If Cps gets involved(we have two different divisons because Cps is for those beaten and sexually abused), then they are suppossed
to only have 6 months. We were in the DCS division, however they are just as bad. Since your kids are home they may drag this out
longer. I hope they also have a time limit and since your kids are home that is so good for you.
God Bless and I hope your lawsuit works out.
I'm praying for you.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Wed Nov 17, 2010 1:54 pm

I wish I could afford to move. I don't feel safe with them knowing my address. During the initial contact in July, I was coerced to sign one of those stupid "safety plans" and one of the stipulations was that I'd tell CPS my address if I moved. Surely that's not in effect now.

Oh well, it's a moot point. I'm even poorer now than I was before, thanks to them. There's no way I'm moving...unless I win the lawsuit next year and get to buy a house. :wink:
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

reach4thestars86
Posts: 123
Joined: Sat Sep 11, 2010 8:47 pm

Re: My case *might* be closed?

Postby reach4thestars86 » Thu Nov 18, 2010 1:22 am

Atleast you still have your kids. We did the same thing and have had similiar allegations. Our sons are both the same in regards to they both had autism. We both locked the door for safety reasons..yet mine got taken away and will have defend it at trial. Im going to post two videos of my son on facebook tomorrow. Want u and others to comment to see if im not the only one who sees the negative impact. One video will be before cps came. How he was so happy and even though he couldnt express words..he was so outspoken and babbled to know end. He tried so hard to communicate even though I couldnt understand a single word. The other video is at a recent visit. How he doesnt babble at all, doesnt smile that much, keeps to himself and isnt active and energetic like he should be. How he is not there and not the happy son I knew and raised. Cps noticed the change and thinks its because of the autism. I told them no. how its because they ripped him away from the only home he has ever known and people that loved him, to a complete stranger that doesnt even take care of him, doesnt continue the therapy that I worked so hard for him to receive for yrs, and dresses him in clothes that are too small. It kills me.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Thu Nov 18, 2010 3:56 am

I have always felt guilty that we did the same thing and yet YOU lost your children. I've always empathized with you and your situation. I know all the things that happened to cause me to make the same decisions. I know that it really is the safest option and I hope that they finally see that for you in December.

I'm also sorry about what your children are themselves going through. CPS agents can be so stupid and oblivious that it astounds me over and over. I have heard them notice many times that a child's behavior and/or emotional state has decreased since being taken from their home, and yet they almost always fail to realize what is truly behind the changes. Come on, you just took the child away from the parent(s) they knew best and the only home they've known, and you don't realize that this is enough to cause these changes in a child?!?! I guess it's because if they acknowledged that this is the reason the children are distressed, then they'll also have to acknowledge that the children were taken from loving homes, not abusive ones! They'll have to acknowledge that they messed up and that they hurt the children instead of helped! They'd rather believe anything else.

I talked with my mother some more last night about the letter. She thinks it was a way to cover their rears by saying "hey, we did something here, just in case". When I read the letter to her again, she did think it sounded like they were going to keep tabs on me.

I'm still really upset. The letter seems harmless on the surface but it's such a slap in the face. It's basically them taking credit for something they never instigated. It's not fair. I deserve that credit because I sought out that help for my son before they ever got involved. I'm afraid that it's somewhere in the record that they feel they were required to "swoop in and intervene" in our family because we weren't doing things on our own. The proper thing would be for them to acknowledge that our family was already doing everything it needed to do BEFORE them and that they had no recommendations! And that we never needed them to begin with!

Just about everything they do makes me so upset. Not just in my case, in just about every case I've heard about. *steaming mad*
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

reach4thestars86
Posts: 123
Joined: Sat Sep 11, 2010 8:47 pm

Re: My case *might* be closed?

Postby reach4thestars86 » Thu Nov 18, 2010 7:15 am

I never needed their services either. They included,

Parenting classes, mental health assessment, and a domestic violence assesment

I didnt need parenting because I took that for 2yrs, voluntarily! I didnt need a mental health assesment because I just got one done and have been with my caseworker for 3yrs! I didnt need a dv assessment because its something that happened yrs ago but wasnt a current concern.

it wasnt my fault that I didnt need them! My kids were taken not because they were in immediate danger because they never were! Its because I didnt comply with services the offered which were strictly voluntary!!!

Then they thought it was a parenting issue when I fired back and said it was a safety issue! I needed to protect my son! So now they are thinking im really crazy because I supposevily took parenting classes for two yrs and I lock my kids in the room

Later, at a meeting with the cps worker I have now. She turns to my mental health caseworker and says,"well im just concerned because she isnt telling me much about her mom and that may have affected her parenting."

Are you f%@#$&% serious! No! Who my mom is or was has nothing to do with my parenting. Again, they are stuck on believing it was a parenting issue when it never was! they also keep drifting away from the reason my kids were taken! My kids were not taken because, in their assumptions, I have badchoices in men. My kids were not taken because I used to struggle with an eating disorder. This and other little things were found or brought up after they were removed! Im going to enforce this at trial. For them to be focused on why they were taken and not things that are soooo irrelavent! Give me and the autism specialist..more than 1..30 min on the stand and I will have that neglect charge wiped out and dismissed! So now what...your going to accuse me that I have brown hair? Lol.

Cant wait for trial..they have submitted all of their reports and now its my turn. I have been holding this in for months!!

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Thu Nov 18, 2010 7:37 am

I've heard of them doing that so many times. They take kids for one reason, and when it's proved to be an invalid reason, they search for something else...no matter how stupid. They dig into every nook and cranny of your life and twist things to fit their agenda. What they do is terrible.

My original caseworker had a baby around September. I wonder if by now she's been so busy that she has left dirty dishes in the sink.

I wish we could all be around when our caseworkers have children and point out the stupidest things and call them negligent. I think that's really the only way they'd learn just what birth parents go through with their agency.

I'm nervous about asking for my case file. I doubt I'll even recognize myself in there. Exculpatory information could have been left out, things could have been exaggerated, etc. Have you gotten your own case file yet? If I were a gambler I'd be willing to bet money that both of our files were designed to make us look as bad as possible by leaving out anything good.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Thu Nov 18, 2010 9:47 am

I feel more confident about my case now.

This is a TMI alert but Reach may understand since her kid is autistic too. She may have dealt with the exact same thing.

My son smeared poop at school today. Not once, but twice. I feel for the teachers because I KNOW how hard it is to deal with and how SNEAKY he can be when he wants to do this. I know it's TMI again, but he will literally only poop a little bit at a time so he can have "more" to smear a few minutes later. SNEAKY.

This isn't the school's fault at all. I understand that perfectly. They are actually not my enemies in this. CPS is. I think that in my case, the teachers have always been on my side.

But you see, I feel vindicated today. I feel happier than I have in a long time. He'd never done it at school before. Now if I think they could testify to this if I asked them to.

CPS had been trying to use the fecal smearing against me. They told me that it didn't matter if I always cleaned it up as soon as I saw it. Just the fact that it even happened was negligence or whatever. In reality, even the best parent can become distracted. I told them to research Autism 101 for Mandated Reporters, which basically said that it's not considered neglect and that it can happen several times a day. The last caseworker did look it up but she "didn't care". It didn't matter that I did as much as any adult could because these people are not reasonable. They tend to know little about children in general, let alone the special challenges of autism.

Well I just feel so happy and vindicated. I have a potential witness that this can happen even to a good caregiver. And just the fact that it happened with someone else...makes me want to call CPS and scream "YOU SEE?!?! It's not just ME, like I've been telling you all along!"

Take that, CPS. I think I have a witness now. I told you all along that I was a good parent, I was TOLD that by a CPS worker the very first day of the investigation, and my family and I didn't deserve all these months of fear you caused us!!!!
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

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LindaJM
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Re: My case *might* be closed?

Postby LindaJM » Thu Nov 18, 2010 11:10 pm


I agree with your mom and Dazeemay..

The letter sounds like they had nothing to hold against you and they're "saving face" by stating that you're cooperating by seeking therapy for your son. Even though you were already doing it, they're using this one requirement to hold open your service plan. Maybe they've forgotten you were already doing it when they arrived in your lives. In any case, they want to take credit.

Now, if you write to them and say, "Hey, I was already doing it. This wasn't YOUR idea..." what will they think? What is the human reaction? Remember, they're doing the CYA thing and saving their jobs by trying to look as if they're doing something for you. If the record shows YOU were the one who came up with the psychiatry idea, will they try to think of some additional requirement to put you through to justify their continuation of your service plan?

Honestly, I think right now you're getting off fairly easy. I wouldn't rock the boat, ask for the case file, or sue. You have, in most states, two years to file. Ask your attorney what the statute of limitations is.

I am just saying that if you rock the boat at the wrong time it will cause them to react and maybe make your life harder. I'm in favor of waiting for them to close the case, then filing if you still want to.

If right now all you need to do is continue taking your son to therapy -- you've got it made in the shade. I would continue to do just that and try to put CPS out of your mind unless they contact you.

I'm sure you know that many service plans have a lot more required services involved.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

angelheart83
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Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 4:11 am

I understand where you're coming from. I'm still really torn about what to do. Part of me really doesn't want to rock the boat. But then the other part (which is still scared of rocking the boat lol) thinks I need to proceed.

They know I'm filing a lawsuit because I've told them. At first I thought that was a mistake, but maybe it wasn't. I've noticed that it was after saying that that they began to back off. They were still rude during that visit, but they changed their tune by the next contact. For example, during that visit I was told I would continue to be subjected to surprise visits but the very next week, she called instead. And even then, when I returned her voicemail and "forgot" to tell her a time for a visit, she let that slide. :wink: My point is that I think I have them on the run anyway. I'm wondering if her supervisor told her to back off because her actions were being used for lawsuit fodder. I think it was the same supervisor that prevented my son from being removed in the first place. If they know I'm preparing to sue in a CIVIL court, not one of their kangaroo courts, then they might be less likely to order additional services just to keep the plan open.

My family and I have been through tons of stress and trauma because of them. Even one visit can leave longlasting scars. However, I am well aware that I've gotten off easier than a LOT of other people. I count my blessings for that. I was really scared I'd have to go through all the parenting classes, psych evals, drug tests (even though that was never alleged), etc. The parenting classes would have especially violated me because they'd violate my religious beliefs. My religion teaches conservative methods of childrearing, and believes that a lot of modern childrearing stuff is bunk at best or dangerous at worst. But yeah, I have been spared a lot of the standard BS that they put a lot of families through. That doesn't minimize the harm they have done to us, though. It could be worse, and that's some comfort, but it doesn't change the fact that even without those added insults we are already in pain from them.

So...I won't point out to them that their only "recommendation" was my idea. I can save that for court and maybe that will help me keep the upper hand. And I'm not going to do anything until I know I have some legal help. My friend's computer is broken and I've lost her phone number, so right now I'm unprotected. She's my go-between to a lawyer that can do legal things for me. My ducks aren't quite in a row yet lol.

This is a tricky situation and I don't want to make a bad move. I know how dangerous this agency is but I think I have them running.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 4:31 am

Okay I'm hoping to do some home improvements soon but I don't know exactly when I can do them. I'm definitely not making a move until after they're done...just in case. Otherwise, I think the lawsuit might give me the upper hand.

I am scared and concerned though. I think these cases take months before they're heard. I'm hoping the lawsuit will give me an edge over CPS but it really could backfire. I have known all along that I'm facing the possibility of retaliation. But that possibility faces anyone with the gall to take on CPS and I've accepted the risks.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

Cheryl
Posts: 44
Joined: Fri Jan 04, 2008 10:41 am
Location: Phoenix, AZ

Re: My case *might* be closed?

Postby Cheryl » Fri Nov 19, 2010 8:01 am

I am in suit now; have been for 3 1/2 years and still not near the end. Most states have exactly the same statute of limitations against CPS, DFS or whatever name they go by in a state. You must file suit by "notifcation of claim" within 180 days (6 months) from the date you KNEW or were reasonably aware of, government interference of the family for undue cause. Now here's the catch. They will ingnore your certified letter of claim, which forces you to file in open court and provide signed proof you sent the "notification of claim". Then the games really begin. The state attorney general will try to destroy the 180 day timeline by showing you "knew or reasonably should have known" much earlier than your claim states. It is common for parents to wait for the case to close before beginning claim/suit. They know that. Most suits are dismissed early on because the attorney general will state in his/her response to the petition, that you knew within the first week of CPS involvment. This will take many years if you get past the first 6 months. Each time a response, deposition or document is presented to the judge, the judge has 6 months to make a decision. How did we get ours thru? We are the grandparents and were not given too much visitation, therefore, we could NOT "know or reasonably have known" something was wrong until very late in the game. So we filed and listed all other family as secondary. It worked! Multiple claims stood in the face of the Attorney Generals response to dismiss! It took 7 months to get the decision from court, that our case was going to trial.

FYI- A "Notification of Claim" is a letter written to the State Attorney General with the reasons you intend to file suit and the amount of damages you are willing to settle for right now. But, government law is smart. States protect themselves by making thier dealines tighter than the publics. There are more hoops to jump thru and many more documnets to file, and in a specific order. Skip any step, and your case is dismissed without prejudice, which means you cannot re-file the proper way.

I understand soooooooooo many want to sue AND SHOULD!!!!! This is not meant to diswade you in any way, but to give you some insight to the task. It will be a long hard road. SOme legal education will really help here. Your going to get totally frustrated and disgusted with people, court, attornies and the like.
Please be sure you can give your all to you childs needs and still take this on. If your health is not great, this fight could be devistating. Only you can decide if your have enough to give both to your child and the battles.

All my best........

angelheart83
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Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 8:27 am

Thank you very much for your response. I am at a loss because I have a hard time understanding the legal process and I can't afford an attorney that is already knowledgeable. For example, my friend wanted to file the lawsuit in state court but I don't think it should be filed there since I allege Constitutional violations? Ugh, it's so very confusing, even for attorneys (if they don't specialize in these cases).

My dad might be able to help support my household next year. If he can, it'll free up my time. If they do decide to harass me again at least I wouldn't have to worry as much about balancing work, chores family and the lawsuit while dealing with surprise visits. :wink: However, my dad isn't sure yet if he can really pull it off.

I'm distressed about that timeline, I thought the statute of limitations was longer. I have been repeatedly told, from my parents to HSLDA, to wait until the case was officially closed before filing. It's horrible that those in power take advantage of this common advice, it's basically helping the government abuse people. How can any reasonable person require a person to file a lawsuit while they are being actively investigated. It's possible to do it but it's totally understandable for people to be scared to do it then and wait until later.

They began their investigation around July 21st so I guess time is running out for me, isn't it? I hope I can file in time and that everything is in order. It's really unjust for a lawsuit to be dismissed just because things were done in the wrong order. Has anyone written a detailed list about suing CPS and what to do when and in what order? If people are willing to help me with this issue, my lawsuit may eventually help other families who are fighting CPS.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 9:04 am

A few minutes ago, I got a call and could tell that the number was from a local government agency. All government numbers start with certain numbers here. I started panicking because my head started screaming "The case isn't closed after all, they want to schedule another visit!" I was in distress so I decided I needed to let it go to voicemail. However, the phone just rang a few seconds later and I realized I had to pick up. It turns out that it was just from the school system's transportation department telling me that my son would be a few minutes late because of another student.

I'm relieved but I'm still shaking and in distress. My daughter was also upset. She was the one who brought me the phone when it was ringing and she actually said out loud that it might be the social workers...and looking at the numbers I thought she could be right. She was relieved that it wasn't them. I'm relieved but my body hasn't caught up with my mind. My family hasn't been hurt as much as it could have been but we really are damaged people now.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

Cheryl
Posts: 44
Joined: Fri Jan 04, 2008 10:41 am
Location: Phoenix, AZ

Re: My case *might* be closed?

Postby Cheryl » Fri Nov 19, 2010 11:33 am

1. File your notice of claim. Send original to The State Attorney General, as they are responsible to represent the state in any action. Sned copies to each and every attorney involved in the case. Use return receipt postage and save the card when it comes back.
2. Aftre 30 days from the date on the signed card, file your suit.
a. You can opt to file it in Superior Court and allow a judge to "redirect it" to Federal Court locally which is the ONLY court that can hear Civil/Constituational rights issues. OR you can file it directly with the Federal Court.

3. Send copies of the proof of service (return receipt card) with each document. Also, send copies of the suit filed to each attorney, the CPS and the attornies.

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Dazeemay
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Re: My case *might* be closed?

Postby Dazeemay » Fri Nov 19, 2010 2:21 pm

Cheryl said
If your health is not great, this fight could be devistating


As a family we were fighting a genetic illness and were so worn out from drs and hospitals before we were even involved with cps. This took an even greater toll on our family and by the time we were through with cps we were all too sick to think of suing. So, we determined that if our granddaughter wanted to sue them before she was 19 we would let her do it. She has decided to at age 17. It was actually a 5 yr rest period for all of us and now we are taking on the "beast."

I feel this is a much easier law suit to pursue because it all about her and her siblings constitutional rights.

Cheryl, would love to have you make a sticky post, if you felt inclined, posting what you have learned in regards to lawsuits.

Can you sue on the behalf of your son? You could probably get a lawyer that way as most likely your son would win and they would take it on from that standpoint. Just a thought.

I am having a senior moment right now and I can't think of the lawfirm we have contacted. When I do I will post it.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 4:20 pm

tigress1167 wrote:I feel like I am interrupting a private friends conversation, so I will send both of you virtual hugsssssss... I feel for ya I got a 44 yr old autistic brother that is always pulling tricks on me out of boredom, he will pee the bed, his clothes, I had to hide food or he would eat till he pukes and then want more... I have to monitor all intake of food, he doesnt know where the "full" button is...so its constantly watching him while watching the door for rats knocking on the door... they havent been back since the first week, its been 3 months or me getting under their skin and proving their allegations wrong... one by one... cant wait till this is allllllll over, though I dont think my guard will ever be lifted again


Sorry, I forgot to respond to this! Lol you're not interrupting anything. Reach & I do understand each other & are friends on Facebook now...but we both need all the support we can get and we're not going to exclude anyone on this forum!

Being the caregiver of an autistic person is exhausting and stressful enough. It's even worse if you have CPS breathing down your back, making judgments without living through it themselves or even researching it themselves. I'm hoping to make a child endangerment charge stick, because they put something in the service plan that I insisted was harmful and they didn't even research it...but I don't know if that charge really will stick.

I don't know if anything will stick. I'm scared I'll lose...or that I won't even get to file at all. Or that I'll file but that I'll mess something up and have it dismissed outright. I've heard that if your case is filed incorrectly and thrown out on technicalities, you are NOT allowed to refile properly. :( I'm really scared and stressed right now. I wish I had the money to pay a good attorney so I wouldn't have to worry about all this.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 5:52 pm

CPS damages almost every family it touches. It's nice to hear from other people who empathize. So many in the public assume that if CPS is after you, you "must have done something wrong" or that "well, it's their job so you can't blame them". My daughter put it very well, "They don't know anything about children!" It's insane that their job is to protect children from abuse/neglect when few of them have children of their own! If they did, they would realize dishes in the sink wasn't going to hurt the children!

I'm so distressed. I'm always nervous, always fearful, hypervigilant. And I'm pining for the success I could have had. I'm a low-income single mother. I was due to get my tax refund 2 days after CPS ended up starting the investigation. That refund was supposed to be our chance to GET AHEAD. It was our chance to go from barely making the necessities to actually moving beyond that. All that money disappeared fast because I couldn't work and keep my house clean during the day. So I used the money to live off of for a while instead of using it for what I originally intended.

So now I'm back to having nothing. I had the chance to move up, but it dissolved right in front of my eyes. It upsets me to no end. I'm desperate for money now and I keep looking back to right before CPS came, right before I got my tax refund, wishing for that chance again...without CPS to ruin it. I really wish I had the money for an attorney to help me draw up the paperwork. I love my friend but she's not experienced in this area of law. She may make mistakes because of that, and I wouldn't be able to blame her. Plus, she's still unhealthy and sick almost every week. Even if she can do most of it herself, we still need legal help and direction. It's impossible to get that without MONEY.

Next year, I don't even think my refund will be as much because I've worked less. I even thought of filing in January (I heard that's legal?), but I even then I don't think I could get the money and use it on legal fees before the statute of limitations runs out!

I keep trying to think up solutions, but everything seems out of reach. I need help. I don't want to let this go again. They HAVE to pay this time for victimizing our family. They HAVE to. But they are so well-protected legally and I have no resources and nowhere to turn for experienced advice.

I heard that if you make paperwork mistakes or even file documents out of order, your case is dismissed...and you are NOT allowed to refile. That has me so depressed. I have no margin for error, how am I going to do this.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Fri Nov 19, 2010 6:58 pm

I'm self-employed and use Turbo Tax. I hate taxes...sooooo complicated! If I see lots of numbers my head starts swimming lol. :lol:

I was packing to move when they came. I've lived here for years and hate it. The place is over 30 years old, it's a trailer so the materials weren't the best quality, and when anything breaks the landlady insists it's my fault. And there is NO insulation! When CPS came and all that stuff happened and I used my tax refund for bills, I also canceled my move because they did not understand the concept of packing. I'm still stuck here. If I use all my tax refund for an attorney's help, I don't think I'll have anything left over for things like security deposits or clothes for my little weeds. With such a low income, it is hard for me to come up with anything like that. God I just feel so stuck! I feel like nothing I do would be right.

I kinda want to go apply for TANF so that I could have THEIR money go toward the lawyer. :wink: But I'd have to say I'm in an emergency situation and we all know what can happen if you go to Social Services with an "emergency".

My daughter and I have even considered cutting off our hair and selling it to pay for an attorney, but I doubt there is much of a market in this economy.

I wish I could clearly see which path to take. I mean, I know I want to sue CPS but I don't see HOW. I'd make too many mistakes doing it totally on my own and that could get my lawsuit thrown out. I can't let go, I'm obsessing over it but I just don't know where to turn.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Sat Nov 20, 2010 4:30 pm

I'm not totally against the idea but the idea does scare me. In my state, you have to apply for TANF in person. And that office is in the same one as CPS. I don't want to run into the caseworkers there. Plus, I don't have a car and they only accept applications on two days a week...they are at times that I can't get a ride.

If something comes up and the opportunity to go to the office comes up, I just might do it. I don't know though. I'm brainstorming for ideas on how to come up with money. Poverty and no credit suck.

I'm thinking that their letter (that started this thread) was their way of covering their behinds and possibly leaving me alone. I'm scared to do anything to draw their attention back. However, I don't have a choice. This upcoming week, I'm going to request my case file and also the police report. I'm suing the police too and I need their names to include in the lawsuit.

I am so scared. I'm so disadvantaged and they have so many things in their favor. I don't know how I'm going to do this. I hope I come up with a solution soon.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Sun Nov 21, 2010 6:34 am

That looks like a great resource, hopefully I'll be able to finish reading it soon. :)

Yeah, I'm obviously really nervous about CPS. There are countless stories of families that had never done anything wrong but just needed a helping hand, but they investigated them and ripped them apart. It's like you can't even be even remotely human or vulnerable in their presence. I'm so scared about what insane thing they will try to label as child endangerment next, you know?

Well, I guess I've made up my mind. I'm going to request my case file and police report this week. I doubt I'll get them easily but I need to start. There are people I need to sue whose names I don't know. :wink: I'm still hoping my lawsuit isn't dead before it's even started, I'm terrified of messing up and being barred from trying again...but I can't even start until I get those names.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.

Cheryl
Posts: 44
Joined: Fri Jan 04, 2008 10:41 am
Location: Phoenix, AZ

Re: My case *might* be closed?

Postby Cheryl » Mon Nov 22, 2010 7:41 am

No interuption; we're all just gabbing and in this forum which is why it works so well. LOL

You are correct. IF the documents are not filed properly the first time, and in the proper order, with ALL the attached documents required, the judge or magistrate has the option of dismissing all togeter OR allowing you 1 or 2 AMENDED filings. Hence, 1st Amended Complaint, 2nd amended complaint.....
If after 2 it still isn't right, you are likely done.

You can file as legal guradian on behalf of your MINOR child/children, but you must be their legal guardian to do it. That is why CPS is so quick to call relatives "placements". A placement cannot file nor can a foster parent. However, there is light at the end of the tunnel. A child of CPS can file thier own suit for lose of love, parental and sibling contact and relationships, as soon as they turn 18. Most states have a statute of limitations to the child as they become adult, of 2 years from their 18th birthday, not the date they were turned over to the state/CPS.

You should not be concentrating on a lawyer that requires pay or pro bono attornies. Look instead for a "contingencie attorney". That is to say an attorney that wants the glory for taking on CPS in suit. What will likely make that kind of lawyer stand up for you, is a great case, a larger family with multiple siblings (which means more "counts" in the complaint so a better chance of 1 or 2 sticking out of 10), and of course a very large percentage of the settlement or trial award. I mean at least 30 to 40% of it. It will be hard for an attorney to say no if the price/percentage is right. Especially the cocky guys! If they have a swollen head, think they are that good, present a picture that they feel challenged to accept just to prove themselves to themselves.

Its all about presentation, people. That is how we got our cocky legal team. If we lose, they lose; get nothing for all that work over 3 years time. Tell me that isn't going to make them work their &^&#'s off!!!!! And they do.

angelheart83
Posts: 330
Joined: Tue Jul 27, 2010 4:12 pm

Re: My case *might* be closed?

Postby angelheart83 » Mon Nov 22, 2010 8:19 am

I've looked long and hard for an attorney that would work on a contingency basis. I haven't had any luck finding one specializing in constitutional law, which is the area of specialty I think is needed since most of my case touches on Constitutional violations.

If you know of such an attorney that takes cases nationwide (or at least in NC), please share. I would love a highly motivated attorney and working on a contingency ensures that. :wink:

I'm hoping to send off the request for my case file and police report today. I'm hoping not to be retaliated against but I understand there is a possibility.

Ugh, I hate being poor. I wish I had more options available to fight with.
My children have never been harmed by my actions. My children both love me and trust me. Even my nonverbal son shows he trusts me by how he interacts with me. We didn't deserve what we've gone through because of CPS. We demand justice.


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