happy endings and fairy tales vs nightmares....

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KEVIN_CLINE
Posts: 4
Joined: Sat Dec 17, 2011 3:13 am

happy endings and fairy tales vs nightmares....

Postby KEVIN_CLINE » Mon Dec 26, 2011 9:25 am

so im a single father and i lost my daughter 12/15/2012 and i got her back at the first shelter hearing(72 hour) because i had a good case and a good public defender who tore a new butt hole for both the cps case worker and his atty through the state atty generals office. i waited for several hours for the case worker to drive my daughter from the foster home she was in to the court house and then we went home. I cried and im crying now just writing this because it could have been so much worse and my heart aches for all those families torn apart and destroyed by a system paid for by our very own wallets...all those not as lucky as i was. I'm thankful, so very thankful for my fortune and i wanted to encourage those on the board here and remind every one to keep fighting. even if when you get your child/children back....keep fighting. we only get one life to live and one chance to raise each child and these experiences are being stolen from us. the core of our beings is being subjugated because no matter how much we try to have a separate identity, we live through the raising of our children. none of us should rest until our very souls are no longer being murdered.

live free or die trying....

so what happened that i lost my child? Im 29 years old and am a single father to a almost 3 year old daughter. My case history with cps consisted of 2 screened calls which didnt result in a visit and then two unfounded(according to their records) not once before this situation which ripped my heart to pieces, had i been found to have been unfit(we live in a time when we can be found to be unfit parents by our government...at the very least there should be a jury....) or abused my daughter. one early morning i took a bunch of pills and a couple beers to get my some times insomniac body to sleep. It was only the 3 rd time i had ever done this but it was too much for my body and i over dosed and technically died on the way to the hospital. I spent one and a half days in the hospital. the morning this happened my mom found me and called 911. After transporting me to the hospital my moms social worker from multi care home health showed up and then found out what happened. keep in mind she had visited my mom twice previous to this day and decided from these two visits that my mom wasnt fit to watch my daughter and called the police who took the word of this social worker and placed my daughter in protective custody and then called cps.

the worker assigned to my case and his supervisor where the same ones who handled the previous case which was unfounded. back when she had a caregiver who decided she didnt like the idea of a single father and called cps to come investigate this phenomenon. after looking around my house and seeing things were ok he proceeded to question me about things of great importance such as : why did have my daughter and not my ex (who is barred from contact through a DV RO by the way) what political party i belonged to( independent but libertarian to the core) what my sexuality was (used to wonder but hey....i grew up in foster care...go figure) etc etc...then he asked to see my daughter whom i had just dropped off at head start. he asked me to sign a safety plan which he had drawn up before he even came... i refused and he asked why....i told him that i wasnt going to sign something that binded me to do something i was already doing minus the part about not letting my daughter be alone with my mom....he said if i didnt sign it then he wouldnt close the case. I told him that that was his prerogative but mine was to go down to the cps office and bug his supervisor. he said that was fine that they were good friends and i wouldnt get any where. as soon as he left i did just that and after 2 hours with his supervisor he asked what i thought about him and the worker coming down one more time and then closing the case. I told him that was fine...(learning moment here****stand up for your self and your family) they came down one more time and the case was closed and then this situation happens about a year and a half later...

so they come down and gladly took my daughter having lost the first battle with me. my dtfm was conducted with me over the phone and she was placed in foster care but then like i mentioned i showed up well prepared and got a wonderfully astute and prepared atty who took the time to learn about me and my daughter...he had no assumptions about me and he went to bat very hard for the case. he used my 5 page declaration and other evidence and after no deals where reached we had a mini trial and it was obvious the state was unprepared....it didnt help them that the case worker had a thick foriegn accent but he did him self in by just coming off as being some one who likes to make accusations against people but then not be prepared to back them up with cold hard evidence.....hearsay is not evidence! so i prevailed. I had to agree to not let my mom be alone with my daughter which is sad...my mom has chronic medical issues as common as diabetes and copd but she isnt an invalid or other wise incapable and there are some other hoops ill have to jump through to be totally off the shit list but again...plenty to be thankful for.

just a disclaimer. Im not a junkie and i dont pop pills...this was something i did just a couple times. I no longer do it...and i wasnt trying to harm my self.
Also i have nothing against foreigners as long as they come here legally.
im also a humble person and i can aknowlege when i have effed up...i effed up here but this situation...my consequences so to speak...it opened up my eyes......this is not a free country...we no longer have liberty when a governmental agency paid for with our tax dollars can steal the children of the poor and middle class and raise them in the system...free from a normal life and the stability of a family unit...even the most dysfunctional families should be helped to be better parents. the government should not have the right to decide these things and honestly they dont...but its who has the bigger stick and bigger wallet and none of us no matter how well off have a bigger stick nor thicker wallet than the US Government....


in closing...as mentioned in previous postings....im going to be over the next several months, preparing a federal lawsuit, accusing the state of washington-dshs/cps, the pacific police department, and multi care home health of violating the civil rights of my self my daughter and my mom. I have committed my self to seeing this through...even if i cant find a lawyer willing to take this case on, with no upfront retainer and only the small promise of a payday.

live free or die trying!

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: happy endings and fairy tales vs nightmares....

Postby Eljay » Mon Dec 26, 2011 10:50 am

I'm so glad to hear that your little girl is home safe with you! I personally believe that most of the judges are fair, but they NEVER GET TO HEAR FROM THE PARENTS! If you think about it, most of the emergency removals are done without the parent's knowledge (they send the petition to the court with whatever they want to say, the judge reads it, then either rejects it or schedules a hearing date). Then CPS is sneaky about even letting you know about the hearing, and then the hearing is only a 3-minute event where parents either say they are going to trial or not. So many parents are freaked out at the threat and possibility of losing a trial (because by now, they've caught on that CPS is willing to lie their asses off to steal kids) that they cave and agree to "voluntary" service plans. So, they get sucked into the system and the judge never gets to hear that the caseworker's petition was full of lies!

The first two judges we had did not let CPS get away with crap (I'm in LA County) but the third judge was brand new to the court (a few weeks in) and he was just doing whatever CPS legal counsel was recommending. My attorney (private hire, Beverly Hills firm) had worked with some of the public defending attorneys so he had the real story. It's sad, but I'm glad to see you're going to fight to make them pay. There was a woman in Orange County CA who got a huge settlement...

http://blogs.ocweekly.com/navelgazing/2 ... suprem.php
http://protectingourchildrenfrombeingso ... nd-looses/
Last edited by Eljay on Mon Dec 26, 2011 3:38 pm, edited 1 time in total.
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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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: happy endings and fairy tales vs nightmares....

Postby family_man » Mon Dec 26, 2011 11:30 am

Kevin,

You're the first person I've heard about who has actually prevailed at his initial hearing. Way to go! And it wasn't really all that hard. Your affidavit of facts is what really turned it around for you. Plus your attorney was willing to go to bat for you. I hope your case serves as a model for other parents who have their children taken from them based on the unsubstantiated whim of an overzealous caseworker.
Disclaimer: I am not an attorney, and this is not legal advice.

BeFree
Posts: 3
Joined: Wed Feb 10, 2016 12:36 am

Re: happy endings and fairy tales vs nightmares....

Postby BeFree » Wed Feb 10, 2016 8:01 pm

Thanks God for your fast win and smart doing.

The title also sounds like happy endings, when people got children back after a months or years are bittered by children being damaged by system, and it is not simple happy endings, but also a nightmare often long through the life, as child getting psychological trauma, his universe is brocken (family, that was the whole univerce for him - all of the sudden he torn out from it, he no longer has that base to rely on), and in fact child could get brain damage, caused by separation with family or mental sickness, he othervise wouldn't have.

Please those, who won, help eliminate CPS in america and all ower the world, ameri a trying to spread it on.


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