I need help ASAP
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I need help ASAP
CPS has fast tracked our case. My daughter was raped three days ago and we already have a court date for Tuesday 2/7/2012. My daughter is not even getting the care she needs right now because the doctor they got her is male and she won't talk to him. I was never given the opportunity to help my child myself. CPS was called by the doctor in the ER and I was IMMEDIATELY threatened that my daughter would be made a ward of the state and they would put her in a mental ward. That is where she is right now. The HONK FOR KIDS phone number does not work. Most of the phone numbers I am finding for far Northern Illinois and Indiana for attorneys experienced in fighting CPS have been disconnected. I need an attorney ASAP!!! CPS is telling me that they will not release my daughter. She will be moved into residential care and then she will be adopted out. Please contact me at lilldymaggie at yahoo dot com.
Re: I need help ASAP
CPS can not fast track a case to adoption... There are Federal guidelines which include timelines, if a child is over 8 the soonest they could is 12-16 months....
Was the accused in the rape a family member in the home?
Was the accused in the rape a family member in the home?
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
- monkette31
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Re: I need help ASAP
How old is you daughter? and you are in Illinois? Tuesday is most likely the Emergency shelter hearing, you absolutely must be present. Who are they accusing of rape, is it a household/family member? Have you signed anything or just received the court appearance hearing date and time/ for tuesday?
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.
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Re: I need help ASAP
No, the rapist was her boss. My daughter will be 18 in July. We are in Lake County Indiana. I hired an attorney but this guy isn't doing anything for us. He doesn't return phone calls. I had an appointment, went in, and he blew me off because he didn't think I was coming in because we talked on the phone the day before about one issue. (My daughter was not getting medical treatment in the hospital. She had a raging infection since 2/2. They assigned her a male doctor and she wouldn't talk to him, which is what I told them when I first found out she had a male doctor. When she told me about the infection and how much pain she was in, I grab a staff member on the floor of the ward they put her in and told her. It was still two more days before they treated her.) I need a new lawyer. This was just $2000. wasted.
Re: I need help ASAP
More info on this case/duplicate thread here: http://forum.fightcps.com/viewtopic.php?f=27&t=11907&start=0
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
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an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
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- family_man
- Posts: 1138
- Joined: Wed Jan 13, 2010 8:02 am
- Location: TX
Re: I need help ASAP
Normally, CPS is required to exert "reasonble efforts" to reunite the child with the parent(s). This process of reunification usually takes 12-15 months, as good dad said. However, CPS is not required to attempt to reunify a child with a parent who has been found by a court of "competent jurisdiction" to have commited one of the following acts:
1) Murder;
2) Voluntary manslaughter;
3) To have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; OR
4) To have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent.
They can't "fast-track" a case to adoption until the court determines one of the above has occurred. CPS is confining your daughter out of a false belief that she is suicidal. This is standard procedure in cases where a child is deemed to be a risk to self or others. The institution where she is held cannot be trusted to produce an unbiased assessment of her condition, due to their conflict of interest: The longer she remains confined, the more money they make. You should try to get your own independent assessment of her. You might have to get a court order to have this done. Along with with your sworn declaration of facts, you could include a motion to have your daughter evaluated by an independent psychiatrist of your choosing, whom you will have to name in your motion. Try to find someone willing to do this, and testify in court if necessary.
CPS will argue that your daughter needs to be institutionalized, and that you are unable/unwilling to meet your daughter's medical and psychiatric needs. You will need to come up with evidence that you better understand her condition than the state and are better able meet her needs than they are. Neither CPS nor the court will take your word for it. They will only take the word of competant, licensed professionals.
Is CPS even ackowledging that she was raped? Is there any forensic evidence that she was? The rape, forced confinement and medication, and separation from her family would be traumatic for anyone, especially a child. Nothing she says or does at this time should be taken at face value. You and your defense team need to make this clear.
1) Murder;
2) Voluntary manslaughter;
3) To have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; OR
4) To have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent.
They can't "fast-track" a case to adoption until the court determines one of the above has occurred. CPS is confining your daughter out of a false belief that she is suicidal. This is standard procedure in cases where a child is deemed to be a risk to self or others. The institution where she is held cannot be trusted to produce an unbiased assessment of her condition, due to their conflict of interest: The longer she remains confined, the more money they make. You should try to get your own independent assessment of her. You might have to get a court order to have this done. Along with with your sworn declaration of facts, you could include a motion to have your daughter evaluated by an independent psychiatrist of your choosing, whom you will have to name in your motion. Try to find someone willing to do this, and testify in court if necessary.
CPS will argue that your daughter needs to be institutionalized, and that you are unable/unwilling to meet your daughter's medical and psychiatric needs. You will need to come up with evidence that you better understand her condition than the state and are better able meet her needs than they are. Neither CPS nor the court will take your word for it. They will only take the word of competant, licensed professionals.
Is CPS even ackowledging that she was raped? Is there any forensic evidence that she was? The rape, forced confinement and medication, and separation from her family would be traumatic for anyone, especially a child. Nothing she says or does at this time should be taken at face value. You and your defense team need to make this clear.
Disclaimer: I am not an attorney, and this is not legal advice.
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Re: I need help ASAP
The CPS woman keeps bringing my daughter's spirits down with threats like the adoption thing.
I do have a psychiatrist that she saw during our custody battle with her dad that I have already contacted about taking her to once I can get her out of the hospital residential care ward. I have asked several times about this woman seeing her because she already knows our family dynamic, my daughter trusts her, I trust her and she listens....she won't misconstrue what we say.
CPS has tried to say that I am unwilling to get her help and that I never have in the past. That is a lie. Never was I saked about past help I have gotten her and the one time I tried to talk about the woman I talked about above, she called me a liar because I couldn't recall her name...because this CPS agent gets me so upset I am unable to think. I did show her a copy of the last cashed check were I had paid off the bill with her. CPS claims that I only got my daughter help once....one time...and that I would get her no further help. I had planned on taking her in the day after she had the rape kit done but the SANE nurse, ER doctor and CPS wanted to hear none of what I wanted to do to help her. I also have already been to our family doctor and told him a summary of what is going on. He is willing to see her if she is comfortable with that, and if she isn't, he already has a female doctor in mind for her to see.
No, they don't seem to be acknowledging she was raped...unless you count telling her that it is her fault she was raped. She keeps hearing "No one put you here but you"..."If you wouldn't have been working none of this would have happened"..."If you wouldn't have been there, none of this would have happened". I keep having to tell her over and over that the rape IS NOT HER FAULT! Women from all walks of life have been raped...from professionals to hookers....and even hookers know the difference between rape and sex for pay.
There was a rape kit one and the evidence was sent to the state police forensic department but I was told it can take up to 8 week for that to come back. The detective in charge says that it WAS RAPE because even according to the FBI's definition of rape is WAS RAPE. There was no consent and she fought with the rapist....thus, no consent was given. On top of that, my daughter is not a pill popper and drugs were found in her system...a lethal concoction.
I do have a psychiatrist that she saw during our custody battle with her dad that I have already contacted about taking her to once I can get her out of the hospital residential care ward. I have asked several times about this woman seeing her because she already knows our family dynamic, my daughter trusts her, I trust her and she listens....she won't misconstrue what we say.
CPS has tried to say that I am unwilling to get her help and that I never have in the past. That is a lie. Never was I saked about past help I have gotten her and the one time I tried to talk about the woman I talked about above, she called me a liar because I couldn't recall her name...because this CPS agent gets me so upset I am unable to think. I did show her a copy of the last cashed check were I had paid off the bill with her. CPS claims that I only got my daughter help once....one time...and that I would get her no further help. I had planned on taking her in the day after she had the rape kit done but the SANE nurse, ER doctor and CPS wanted to hear none of what I wanted to do to help her. I also have already been to our family doctor and told him a summary of what is going on. He is willing to see her if she is comfortable with that, and if she isn't, he already has a female doctor in mind for her to see.
No, they don't seem to be acknowledging she was raped...unless you count telling her that it is her fault she was raped. She keeps hearing "No one put you here but you"..."If you wouldn't have been working none of this would have happened"..."If you wouldn't have been there, none of this would have happened". I keep having to tell her over and over that the rape IS NOT HER FAULT! Women from all walks of life have been raped...from professionals to hookers....and even hookers know the difference between rape and sex for pay.
There was a rape kit one and the evidence was sent to the state police forensic department but I was told it can take up to 8 week for that to come back. The detective in charge says that it WAS RAPE because even according to the FBI's definition of rape is WAS RAPE. There was no consent and she fought with the rapist....thus, no consent was given. On top of that, my daughter is not a pill popper and drugs were found in her system...a lethal concoction.
Re: I need help ASAP
I would advise you to stop talking to the CPS caseworkers... and I don't mean ignore them, but don't give them ANY more ammo for them to twist, misconstrue, etc. Just talk business and that's it. Prepare your case for the JUDGE to hear. When you say, "she's not suicidal" then they will accuse you of either being in denial or refusing to help. What you need to do is get a professional opinion to give to the court/judge. Your daughter is in already a situation - intentional or not - that has raised red flags for medical professionals. You're not going to get her out your way... you'll need to get the statements of professionals who trump CPS.
Is this rapist being investigated for spiking/drugging your daughter?
When & what is your next hearing? Were you assigned a attorney at the first hearing? What is your take on him/her fighting for your daughter?
Is this rapist being investigated for spiking/drugging your daughter?
When & what is your next hearing? Were you assigned a attorney at the first hearing? What is your take on him/her fighting for your daughter?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
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