Under Investigation Please Advice???

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Christabell
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Joined: Sun May 20, 2012 5:24 pm

Under Investigation Please Advice???

Postby Christabell » Thu May 24, 2012 7:17 pm

My husband and I are under investigation by CPS in california. Alligations were made to them by an unknown source, i believe it to be a distant family member who we havent talked to in over a year. This very judgemental distant family has not been happy with us for years because they feel we are not "good enough christians". We are christians and strive to be the best parents we can. We know we have problems and are trying hard to fix these and be better parents and always grow to be better people. There was a report made that I am using heavy drugs and have an abusive husband. I do not know what all was said in the report that was made. My husband and I have been fighting a lot past couple of years, sometimes the children have heard it, including swearing and accusations. We have been working hard as a couple to make sure this does not happen again. There has been no physical violence in the home nor abuse of any kind toward the children. There is also no drug use in the home.
Durring one fight my husband found something in the home that he thought may be drugs. He talked with his family and they believed from the description that it was. My husband was angry and accused me of this and treated me as it was the case for days. The children were aware of this. My husband finally showed what he found to a friend who confirmed what i had said that there was no way it was drugs.
After this we found out that someone called to report us when the sheriffs dept came to our door one night. The deputies said there was a report of abuse and that we were "cracked out of our gourds". After coming into our home, seeing our children, and speaking to my husband and I, they determined that the report must be false.
Soon after my children were pulled out of their classes at school and interviewed by a caseworker. My youngest was quite open about the arguments of my husband and I and from what my youngest told me even twisted some facts of incidents that I am sure the caseworker loved. My oldest was scared and gave as little information as possible to the SW due to the fact that my oldest has some knowledge of what another family we know has gone through. It was told to the SW that we fight and yell and our oldest has to remove them from the room when we fight. Aslo they aid that the young ones are spanked on occasion and that dad said mom is doing heavy drugs. After picking kids up that day we came home and about 10 minutes later CPS showed up at our door. Im realizing now I probably shouldnt have but I invited the SW, another person from CPS, and a police officer into my home. I let them see all of the children so they knew they were all safe and healthy.I have younger ones that are not in school. Of course my 2yr old happen to have a light black eye from a toy that was thrown while kids were playing. We (my hubby and I) spoke very briefly with the worker while the police officer just looked at us like we had just beaten our children. We made appointments to meet with the social worker a couple days later.
Our appointments came and they told me we are under investigation of child abuse and neglect. The abuse was because we fought where our children could hear and the neglect because if we are fighting we are not paying attention to our children. They said the effects showed most on our oldest because "a child is never that guarded unless their is something very bad going on in the home". I admitted to the SW that my husband and I had been fighting recently and the kids had heard. I admitted that my husband had thought I had been doing drugs but his fears had been settled. I told CPS that we are working to not expose the kids to arguments and are begining counceling for it.I told her Id love to do some parenting classes, even the best of parents could benefit from classes. Right away the SW gave me forms to sign for counceling, parenting classes, and drug testing (that they wanted that day!). I told them Id be happy to comply but was told by my attorney not to sign ANYTHING without his approval. As soon as I wouldnt sign, the SW began with threats. In a very sweet tone and nicer words told me that they could come into my home right now and remove my children. That if I did not cooperate they woud remove my children, split them up into different foster homes, and they would be in a lot worse off home than they are in now. I still didnt sign and told them that I would be back after talking to my attorney. They said it would go down in their report that I was refusing to drug test and recieve services.
No more that 10 minutes passed and a police officer pulled us over on the way home and said CPS called and filed a report of drug use in the home. He followed us back to our house where he told me I have a drug problem and need to comply with CPS who is only there to help us. He also told me the same thing CPS did that if I dont my children would be removed, seperated, in a worse off home, and they have enough evidence to do this now, and they are just being nice not doing it. He also did a walkthrough on my home.
This was 3 days ago and I have not heard anything since.
I am not sure where to proceed from here. I have not contacted them, signed any papers, nor drug tested. Any advice on where to go from here? Should I sign their papers and do their classes? Should I do their drug test to prove my innocence? Can they really remove my kids at any moment because we fight in front of the kids and said we would not sign without discussing with my attorney? If they can remove them wouldnt they have to go to a family member or friend until we can go to court?
Also, we had a friend recently who had their child taken away. This friend had moved in with us for support and to show CPS that they had a good home to bring his child back to. CPS had been into our home a few months back, run background checks on us and were very happy with us and our home. I was to be the daycare provider for this child once she was given back into the care of her parent. Since this has happened our friend has moved out due to the fact that they were scared it would hurt their case as well theirs hurting ours. I feel terrible for our friend as well. And now does not have a proper home to bring child back into nor anyone to take care of their child while they are at work. This may set their case back as well after they have been jumping through CPS hoops and classes for months and had been coming close to the end of their "allotted time and services". Any advice on this as well??? Thank you all so much for your time and care for our family.

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monkette31
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Re: Under Investigation Please Advice???

Postby monkette31 » Thu May 24, 2012 10:06 pm

WHat part of California are you in? I am in the Los Angeles area. It really sounds like they could pick them up at any time. Do you have family members that could step in and provide for them, if they show up?
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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Eljay
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Re: Under Investigation Please Advice???

Postby Eljay » Fri May 25, 2012 8:11 am

I would guess that they are at the courthouse right now, or were there yesterday, filing the petition to get emergency removal of the kids. They will pick them up at school today. You will have to suffer over the LONG holiday weekend not knowing where your kids are. I would go pull them out of school and leave for the long weekend on vacation. Maybe stay away for a few weeks.... look for an apartment.

Their interpretations are whack, in that arguing in front of the kids is DOMESTIC VIOLENCE and even suspected drug use is NEGLECT. Have no doubt, since they've already threatened you, that they are in motion to take your kids.
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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Christabell
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Joined: Sun May 20, 2012 5:24 pm

Re: Under Investigation Please Advice???

Postby Christabell » Fri May 25, 2012 8:46 pm

What do I do now. My children are in a safe place. Im guessing I cant just hide out and theyll go away. We have friends from our church that are willing to keep the kids for part or all of the summer. Should I release them to that family? If yes, do I then comply with CPS and their classes and testing? Should I sign their papers? Im just not sure where to go from here. Not sure if CPS shows up at my house tonight or tomorrow do I have to tell them where my children are and will they remove them from their safe place. Thank you all for your help.

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monkette31
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Re: Under Investigation Please Advice???

Postby monkette31 » Fri May 25, 2012 11:34 pm

I'm in Los Angeles County, specifically the San Fernando Valley area. Do you have any friends whatever that are foster approved already? Start thinking about who their next of kin are, family members, friends who could possibly be approved to take them in case something should happen. You would want these people to show up at the detention hearing, which is supposed to occur 72 hours after detainment, weekends and holidays don't count. It is kind of odd, your tdm meetings were held last Monday? Was it a meeting with just the investigating social worker at the dcfs office and your husband, separately or were there many people at this meeting?

I'd really go on vacation right now with them if you could just to get this all of your mind. It sounds like an investigation is open on your family and depending on where you are, there are time frames. where are you?
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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Eljay
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Re: Under Investigation Please Advice???

Postby Eljay » Sat May 26, 2012 5:55 am

You don't have to answer your door... however, if they've gone to the court and gotten a warrant to remove the children, then they will have the police assist them in breaking down the door. So, quickly, while you're still under investigation, you and the children should move OUT OF THE COUNTY (so as to get out of that particular jurisdiction) in order to (memorize this:) KEEP THE CHILDREN SAFE UNTIL YOUR HUSBAND'S COUNSELOR THINKS HE'S GOT HIS ANGER UNDER CONTROL. This move will :

1. get the children out of the jurisdiction... you DO need to notify them of your new location, because you're under investigation. They need an address to send communications. When there, put your guard up... if they send a referral to the new county CPS, you'll know how to keep them out, right?
2. let CPS know that you are acting in the children's best interest, putting them before your husband, who they see as a threat
3. set a firm condition (word of counselor) that YOU dictate as the green flag for your return.

Now, to make this work, you also need to:
4. go get a drug test done TODAY at a lab recommended by YOUR doctor, then send a copy of the results to CPS with a certified letter stating that you're clean.
5. If/when they show up, husband can tell them, "they have moved out of the county and are no longer under Podunk County jurisdiction" and that is ALL (you guys do know about limiting what you say to them, right?)
6. push this counselor to work with and validate that you and your husband have addressed your issues; CPS will likely want permission to talk to them and ask for a medical release form. Make it VERY specific as to what they can discuss with CPS, i.e. only the last 2 months, ONLY regarding issues that affect the children, etc. If either of you had a nervous breakdown 5 years ago, CPS does NOT need to know about it (as long as the issues were addressed and the kids are safe).
7. do hire an attorney to represent you but pay a VERY small retainer or insist that it be hourly. Unless you can afford to have the atty handle all of this, tell him that you are confident handling most communications but may need him to write a letter or two for you. A letter should be around $200.

There's probably more... if your kids need to finish out the school year, maybe you can get your kid's school administrators on board with the evil ways that CPS works, they can maybe run interference for you, but really, their hands are tied.
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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mamalion
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Joined: Tue Mar 15, 2011 8:43 am

Re: Under Investigation Please Advice???

Postby mamalion » Sat May 26, 2012 8:56 am

what part of cali are you in?

you don't do drugs, ask your doc to do a drug test

if you think therpay and classes are good, do them, make CPS happy and have THEM pay for them to boot

Working with CPS often is the easiest way to make it go away quickly, and you said you think it's a good idea, so I don't see the issue myself

Christabell
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Joined: Sun May 20, 2012 5:24 pm

Re: Under Investigation Please Advice???

Postby Christabell » Sun May 27, 2012 9:44 am

Kids and I are ready to leave and move out of county til my husbands councilor gives us the green flag to come back. We haven't left yet due to very expensive car troubles. Holiday weekend so no rentals here till Tuesday.also my dr won't b into office till Tuesday so I cannot get drug test til then.I'm trying to find a way to leave county now,get car later, and will be calling my dr in hopes he will order test for me to take in the new county. I think he will be happy to help once I tell him the situation. Any thoughts on this?
If I can't find way to get out of the county before SS office opens tue morn, does anyone have thoughts on if we just tell SS we have moved and hide out till we can leave??

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Under Investigation Please Advice???

Postby mamalion » Sun May 27, 2012 10:13 am

I'm SOOOO confused. You admitted there is an issue and you need help to them, right?

They offered that help and you said no?

Now you want to flee????

WHY?!??

There must be something you are leaving out

Christabell
Posts: 4
Joined: Sun May 20, 2012 5:24 pm

Re: Under Investigation Please Advice???

Postby Christabell » Mon May 28, 2012 4:45 pm

Hmmmm....I must be leaving something out. Because it couldn't be that I dont trust CPS at all? or that I'd actually like help for my family and not just let them have control of my household and putting my time, focus, and money towards getting real help rather than jumping through their hoops. They are liars and like to tear apart families. Guess what Im leaving out is that I am not gonna let them do that to this family. I am here to protect them and give them the best life I can. My family needs some help. CPS is not the way to get it.

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Eljay
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Re: Under Investigation Please Advice???

Postby Eljay » Tue May 29, 2012 9:26 am

Christabell wrote:Hmmmm....I must be leaving something out. Because it couldn't be that I dont trust CPS at all? or that I'd actually like help for my family and not just let them have control of my household and putting my time, focus, and money towards getting real help rather than jumping through their hoops. They are liars and like to tear apart families. Guess what Im leaving out is that I am not gonna let them do that to this family. I am here to protect them and give them the best life I can. My family needs some help. CPS is not the way to get it.


You've got the right attitude... they DO destroy families. Mamalion... the problem is that having a verbal argument in front of your children should NOT result in removal of the children from the home, but that is how many corrupt CPS organizations work. The ONLY power/control they have is over the children. They take children first (kidnapping) and lie to the courts to justify their removal & retention in foster homes. Then they force the parents into services as ransom to get their children back.

Any reasonable social worker would have heard these people out and said, "yes, you've had verbal altercations in front of the children, which you realize is not healthy, but you are ALREADY seeking treatment for that. We can offer you services, but you are already taking care of your own needs and issues. I would like to come back in a month and check on your progress." Of course, there would be no money in it for CPS if they did that, so they kidnap the kids to bring revenue in. Having a heated argument in front of your kids is *not* abuse!!! A bad example of conflict resolution skills, sure, but ABUSE???? No.
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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monkette31
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Location: Los Angeles, California
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Re: Under Investigation Please Advice???

Postby monkette31 » Tue May 29, 2012 1:25 pm

Yes, christabell, you go girl. Have they gotten hold of any of your family members yet? They will be on the hunt for any and all information about you, from neighbors, from the postman, relatives. They will manipulate other family members as well. Anything more than one sentence to them from anyone and it's pretty much a screwed statement.

Rights to privacy or refusing to be interrogated by them will result in a report with statements such as you being uncooperative, they will even make up entire incidents, anything to get the judge to stamp them in stealing the kids. In my own case, their initial report stated that I let my children "play in traffic"...i'm serious, i was like wtf! They are pretty much vicious pos when they come to steal your kids.

Personally, I think they saw the memorial day holiday coming and probably chose not to work last week, they go on a lot of vacations, some of them supervisors have only 3 or 4 day work weeks, while they run other businesses as well. I bet they will come after you this week. My family was under investigation for 24 days before they decided to snatch them, told us we were fine and everything, a few visits...and one really bad meeting.... :twisted:
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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