Have cps broken the 4th and 14th Amendment on my case?

Forum announcements and event postings here.

Moderators: family_man, LindaJM

Secret Victoria
Posts: 16
Joined: Sun Aug 24, 2014 8:35 pm

Have cps broken the 4th and 14th Amendment on my case?

Postby Secret Victoria » Tue Sep 02, 2014 4:22 am

Five months ago in March I was depressed with PPD, and I took about 10 less then 15 pills and went to thehospital. The doctor let me go and said he hoped this was a huge mistake wwhich I said it was and offered me some help to go to mhmra. The police contacted CPS and two days later they came entered my home I had no idea that they had to achually have a court order to enter your home. And they talk to my 12 year old and I don't know what was said or anything and next thing I know she telling me they have to place the kids temporary for 90 days and I signed a farmily plan to have them placed. My two month old at the time went to foster care and stayed for two weeks and then I found a family member to take her and the 3 yr old together.
I have done with all of my services as up now, and have only two more Wednesdays of therapy. I have token parenting classes, seen a doctor at mhmra and a second opinion from another doctor. Because my daughters father found out and he is sabotaging this case for me because he wants custody of my middle daughter. So now the caseworker is all on his side and she is finding more things for me to do to try and take my kids, and giving me a hard time. I have tooken enough therapy and I have stayed strong this hole five months that's a proven fact that I am not crazy as they trying to say I am, because I know I am not.bthats my judgement. I want to know what can I do to fight them back and show them that it was a mistake taking them pills, I was depressed after having my baby.
Can I take my kids home and tell them to take me to court?
That is to risky?
Can they take my kids without abuse nor neglect being done?
Is this right what they have done to me in this five months and not let my kids come home after finishing all of my service plans as I have completed, they are still saying they are not letting them come home.
Why?
Because I need to get my arrangements together for a babysitter when I start working... running my life which they have no right to do.
And talking to my therapist about triggers which we have already done.
Thank you appreciate the help. And this is happening in Houston , Texas

heavyaaron
Posts: 32
Joined: Fri Jun 27, 2014 9:12 pm

Re: Have cps broken the 4th and 14th Amendment on my case?

Postby heavyaaron » Tue Sep 02, 2014 3:13 pm

"The police contacted CPS and two days later they came entered my home I had no idea that they had to achually have a court order to enter your home."

They don't. They need a court order or your permission. If you gave your permission, even reluctantly, there was no 4th amendment violation.

"[It's a] proven fact that I am not crazy as they trying to say I am, because I know I am not.bthats my judgement"

Your judgment is not equivalent to a fact. Indeed, both crazy people and sane ones both believe themselves to be sane. Therefore a person's judgment that they are sane is not reason to believe that the person is sane. What matters would be the judgment of psychiatric professionals.

"Can I take my kids home and tell them to take me to court?"

After you "signed a farmily plan to have them placed"?!? That's called kidnapping. I wouldn't recommend it.

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Have cps broken the 4th and 14th Amendment on my case?

Postby family_man » Wed Sep 03, 2014 12:38 pm

If a court has awarded temporary managing conservatorship (custody) to CPS, then no, you cannot simply take your kids home. When you say they are in a "foster home," it leads me to believe that this is what has happened. Yes, a court award custody to CPS even if no actual abuse or neglect has occurred, but if there is a substantial risk of harm to the children.

If on the other hand you simply signed a voluntary safety plan with CPS, without any court involvement, then yes you could simply pick your kids up and take them home. You would of course run the significant risk that CPS would take the case to court to court at a later date.
Disclaimer: I am not an attorney, and this is not legal advice.

Secret Victoria
Posts: 16
Joined: Sun Aug 24, 2014 8:35 pm

Re: Have cps broken the 4th and 14th Amendment on my case?

Postby Secret Victoria » Fri Sep 05, 2014 4:15 am

No their isn't a court order this is family bases case. Temparory case, no court. However, I am hiring me an attorney,my daughters father and I, that's the reason I'm taking an risk to go ahead and take them home and tell them to take me to court. I know this is risky, but I have done with everything they have asked me to do. Mental help has been proven twice that I am fine.
My defense is this has been going on sense March 17, 2014. This is hard, and hard I have fought 4 my kids when I could have giving up and token off. If I have stood this long , clean drug tests, haven't done what I did that got me here, taking asprins Is what I'm talking about. When they took my kids of course from me. If I really wanted more pills or anything else I would have done it by now. Right? This is bogus, and I have never too king any drugs in my life, no drinking, casually of course. Never sold drugs, clean background.
And the thing is a unfit parent is going to abuse drugs and seek no help for his/her self... I haven't done that. I bought. The best depression over the counter pills called SAME, its proven to work and it really helped me. And the hospital recommended MHMRA I didn't gave time to get their because Cps came that following Monday.
So I helped myself I didn't just sit around and keep being depressed, while I gave these kids that's sad if I would but I didn't. Cps isn't looking at non of that. But that's my judgement.

Secret Victoria
Posts: 16
Joined: Sun Aug 24, 2014 8:35 pm

Re: Have cps broken the 4th and 14th Amendment on my case?

Postby Secret Victoria » Fri Sep 05, 2014 4:25 am

I understand that when you say I could just simply take them home its going to be s risk, but I have been told by an attorney I could do this. But I am getting some one to represent me.


Return to “Announcements”

Who is online

Users browsing this forum: No registered users and 4 guests