advice? thoughts?

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an0maly33
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Joined: Wed Aug 10, 2011 3:40 pm

advice? thoughts?

Postby an0maly33 » Wed Aug 10, 2011 3:46 pm

friend of the family is in danger of having 14 year old taken away. Hearing is in a few days. She sent the kid half way across the country to live with family and transferred guardianship. CPS is P*SSED saying that "it's in her best interests" to come back to her home state. Do they have the ability to force her to come back or are they just trying desperately to get control of her? The family she's now with has already had background checks and the aunt is a nurse. She would have a good life there even though she would be away from the mother.

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Daruma
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Re: advice? thoughts?

Postby Daruma » Thu Aug 11, 2011 8:46 am

As far as I know, CPS can't compel the teen to come home unless they have a court order. If a court has already granted guardianship to the out-of-state relatives, I doubt there's much of anything CPS can do (except go after the teen's younger siblings in revenge, if there are any). Keep in mind I'm not a lawyer so this isn't a definitive answer. I do know, however, that CPS is legally subject to the court's decision.

Good for your friends for outwitting CPS and keeping their daughter out of the horrific foster care system.
These are my personal opinions only. They are not legal, medical, or financial advice.

an0maly33
Posts: 3
Joined: Wed Aug 10, 2011 3:40 pm

Re: advice? thoughts?

Postby an0maly33 » Thu Aug 11, 2011 8:59 am

Thanks, the teen called yesterday in a panic because CPS was demanding that she come home for a hearing, and that if she didn't it would make things difficult. I told her "yeah, difficult for them..." I told her to stay put unless they have something from the court that says she has to go home. The aunt has a friend that does this sort of thing and they did all the necessary paperwork to get the guardianship transfer done on the up and up. She also called and found that there was no such hearing. They were blatantly lying just to trick her into coming back to be put into the system. Seems all is well for now at least. Thanks!

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Daruma
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Re: advice? thoughts?

Postby Daruma » Thu Aug 11, 2011 9:49 am

an0maly33 wrote: They were blatantly lying just to trick her into coming back to be put into the system.

What? CPS lying to steal a child? I'm shocked. Not.

an0maly33 wrote:Thanks, the teen called yesterday in a panic because CPS was demanding that she come home for a hearing, and that if she didn't it would make things difficult.

All calls from CPS should go directly to the guardians. The teen-ager should not be dealing with them in person because they will only upset her and jerk her around. Make sure the guardians know that CPS doesn't have a leg to stand on without a court order. Even better, if they have an attorney, they should refer all CPS calls and inquiries to him.

The "difficulty" in the teen staying put is, CPS stands to lose out on all the state and federal money they would get if they put her into foster care. That girl is worth $40-50K per year to the local CPS office. The caseworkers don't care that she's more likely to be abused, neglected, or sexually molested in foster care or a group home than with her parents or guardians. They need her, and children like her, to keep their office funded.

Again, I urge your young friend not to take their calls. Let the guardians (or better yet, their attorney) handle everything. And even the guardians should say as little as possible to CPS, since CPS is known to twist even the most innocent statements to their victims' disadvantage.
These are my personal opinions only. They are not legal, medical, or financial advice.

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KDus
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Location: Kansas City

Re: advice? thoughts?

Postby KDus » Thu Aug 11, 2011 4:46 pm

Handled very well!

They should stop talking to CPS. It is now in a new jurisdiction and its not their business any more.

an0maly33
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Joined: Wed Aug 10, 2011 3:40 pm

Re: advice? thoughts?

Postby an0maly33 » Thu Aug 11, 2011 5:02 pm

Thanks for all the feedback. Sounds like she's going to be just fine there. The new guards even got a lawyer for the teen AND one for the parent in the home state just in case they try to cause problems.

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family_man
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Location: TX

Re: advice? thoughts?

Postby family_man » Thu Aug 11, 2011 6:47 pm

Well so far, so good. I hope things work out for you and the daughter can stay with the new guardians until things can get patched up with the parents. However, I'm not so sure about the jurisdictional issues. I thought that the child has to live in a state for 6 months before that state can exercise jurisdiction in a custody case. Until that 6-month milestone is reached, CPS in the former state might persuade a court in that state to order her back. At least that is my understanding, which might be wrong. It is up to the attorneys in the former state to argue in court that it is in the best interests of the child to stay where she is.

Please keep us posted. I'm interested in seeing how this turns out.
Disclaimer: I am not an attorney, and this is not legal advice.


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