Moms with epilepsy fighting C P S

A place to discuss the many medical issues that may come up during the course of a CPS case.

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Bryfromohio
Posts: 4
Joined: Sun Jan 08, 2012 11:14 pm

Moms with epilepsy fighting C P S

Postby Bryfromohio » Mon Jan 09, 2012 12:00 am

Mom in Ohio with an open case Because of epilepsy and seizures.
Mom took baby to Childrens. Medical Center because she was running
102.9 temp During wait mom had a petit mal seizure nurses call social services
Mom is sedated and father was called to come to hospital to get baby
The next morning we were commanded to go meet with CPs and we did they
Said they would provide us with an in home nurse but they did not want my wife
To be unsupervised with the children at any time. When I worked she went to our neighbors with the two girls
They have nothing but her epilepsy to go on she has light seizures and we already
Have safety precautions in our home to deal with that to include a trained dog prescribed by
Our neurologists who can sense when a seizure is coming and let's her know
My wife had a seizure at the hospital because she was concerned about her baby
Now she has to worry about them being taken
CPs says that while mom is having seizure the kids are not supervised
I reminded her that when parents go to sleep at night kids are also not supervised
Or when mom goes to the bathroom. This is so unfair and is causing alot of stress for my wife
Please help

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

Re: Moms with epilepsy fighting C P S

Postby Eljay » Mon Jan 09, 2012 9:37 am

Call these people and see if they will provide you with a lawyer:

http://www.epilepsyfoundation.org/resou ... /index.cfm

If I were you, I would tell CPS that they have NO JURISDICTION because there is no abuse or neglect. You are absolutely right that while sleeping, showering, etc. kids are "unsupervised" which is NOT neglect, by any stretch of the imagination. Heck, I *sneeze* and the I'm completely unable to care for the kids for a whole 2 seconds.

However................ the realities of epilepsy can be frightening and what I would suggest is that you get a Life Alert system installed for your wife. If she ever does need help or doesn't regain consciousness in a few minutes, then the neighbor can be alerted, or 911 if need be. Tell CPS in a written letter that this situation has raised your awareness that a back-up plan was in need but that their involvement is unwarranted because they have no jurisdiction (you've gotta use those words) and cite for them their own words/definitions from their website/policies which state that they are there for cases of abuse, neglect, or exploitation. Tell them that you're perfectly capable of managing your family situation and their involvement is unnecessary. You may even want to have a lawyer draft up the letter for you (send it on their letterhead) so that they know you are serious about knowing AND preserving your rights.

The problem with CPS is that when you've got a hammer in your hand, everything looks like a nail. The solution to your situation has NOTHING to do with CPS getting involved.
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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Bryfromohio
Posts: 4
Joined: Sun Jan 08, 2012 11:14 pm

Re: Moms with epilepsy fighting C P S

Postby Bryfromohio » Thu Jan 12, 2012 10:41 am

The Epilepsy Foundation is helping us however it is a tricky situation CPS will not go for saftey proofing a play room in the house for the kids to play in while im gone nor will they go for a life alert button they will not go for me quitting my job and staying home to supervise my wife saying that i would no longer be providing financially and therefore neglegting my kids ( they ammended the case plan saying i had to maintain my job but its MY responsibility to be sure my wife is never left alone with the girls) I have asked for services they hve sent none they initially told us they would provide an in home nurse if we would just sign right here we can all move on with our lives..i also had to sign that i would allow any csb worker announced or unnanounced into my home. My wife got an unnanounced visit and she was waiting on my sister to come sit with her while i worked my sister was late and since I have to maintain a job i went on to work ..and a csb worker showed up..my wife was alone with the kids..the stress caused her to have a seizure in front of the csb worker who said it lasted 10 to 20 minutes (LIE) they called me at work and told me if i did not come home my kids would go to foster care ( wich she later denied) I wanted that worker off the case since she didnt call for medical treatment for my wife who had a seizure ( any epileptic seizure lasting more then 5 minutes needs a medical intervention) She said well it wasnt that big of a deal to me................................HELLLOOOOOOOO!! I even showed her paperwork from the Epilepsy Foundation that stated she should have called 9/11 because the seizure was longer then ten minutes... she didnt want to make a big fuss about it..hellloooooo you are trying to tell us its such a big deal that my wife cant be alone with my kids??? Anyways I called her supervisor and was told she acted improperly by not calling the ambulance and that she was off my case and wed get a new caseworker and top it off she said the worker would be reprimanded..two dys later the same worker was at our house in our living room with the case plan in hand..flat lied too...so now i just work weekends and im looking for third shift work that way while many other moms ( without epilepsy ) are sleeping in thier beds and thier kids are sleeping too..so will my wife and kids..whats the problem now???

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Moms with epilepsy fighting C P S

Postby Eljay » Thu Jan 12, 2012 11:28 am

If I were you, I would NOT agree to any of their unreasonable demands. I would tell them that you are dictating the conditions of your safety plan or you're going to court. They will (likely) file a petition to take the children from you and you'll be in court w/in 72 hours. You can take the public defender that is provided for you at that point, for free, who will show up 5 minutes before the hearing and will likely not fight for your -- OR -- you can hire your own lawyer now (or, ideally, get the Epilepsy Foundation to provide one but your best bet is an experienced CPS adversary). Have your story written up for the judge about how CPS has NO JURISDICTION (your kids were not abuse, neglected nor exploited) based on the definition provided by federal and state govt:

http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.cfm
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch

NOT having good luck getting the Ohio definitions to come up: http://www.odh.ohio.gov/search/odhsearch.aspx?cx=005573049444910625664%3A6gfzp2jfgai&cof=FORID%3A11&ie=UTF-8&q=neglect+definition&x=12&y=12&siteurl=www.odh.ohio.gov%2F

and http://www.fdno.org/laws/abuse.html (can these folks help you?)

Including abandonment: "the child has been left alone in circumstances where the child suffers serious harm" (not "may suffer" but "suffers")

Put together a written statement for the judge that supports that nothing meets the definition of abuse, neglect, etc. and they have NO JURISDICTION. This will be your first line of defense (to try and get things completely dismissed). Next, get Life Alert installed YESTERDAY so that you can tell the judge that your children's safety is ensured by a network of family, friends, neighbors and a paid monitoring service that backs up all of those other resources. Then tell of how the stress that CPS is inflicting on your family, in the attempts to deprive your children of BOTH of their loving parents by threatening foster care drove your wife to have seizure and that the caseworker DENIED MEDICAL ASSISTANCE by refusing to call for help. You will *NOT* get the chance to speak up in court at the initial hearing!!!! You MUST have this completed and ready to submit on the day of the hearing. Don't let your lawyer tell you otherwise. Did you see the article I posted the other day about Judge (edit) SPON in Ohio? There *ARE* good judges who do not roll over and do whatever CPS dictates! But, they need to hear from you! Take your sister with you to court so that she can take the kids if they "succeed" in their bid to remove the kids. I highly doubt they are going to take your kids, although they may try. You can roll over and agree to their service plan. Or, if you fight them, they can force their service plan on you (which puts you in the exact same place) *OR* you could prevail and get them out of your lives.

In my humble opinion, your children were not abused, neglected nor exploited, they've suffered no harm, there is NO REASON for CPS to be in your lives.
Last edited by Eljay on Thu Jan 12, 2012 11:54 am, 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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Bryfromohio
Posts: 4
Joined: Sun Jan 08, 2012 11:14 pm

Re: Moms with epilepsy fighting C P S

Postby Bryfromohio » Thu Jan 12, 2012 11:53 am

You are right they have no reason to be in our lives we are decent parents we love our kids..all they have done is added stress to us and caused the girls to be nervous.They have not yet tried to take us to court and they did tell us there "was no need" But I do not trust them..( they also told us there was no federal funding per child and that I was "ridiculous") I appriciate your advice and found it enlightening... Im thinking the reason they told me not to worry about a First Alert button is so we DO not look like we are trying to put measures in for saftey in case they DO want to take us to a judge.I think they will ride our asses but go away. We pulled some stuff on them to make them feel really stupid...Like my new caseworker has a facebook it is not private from it on photos i got her address,her make and model of care,her schooling her husbands name and her kids name as well as his school all from myspace and facebook..I turned a sit down here around on her and asked her how she liked living on so and so road......HUH?? yeah you live at so and so address and your son looks so cute..thats a great school he goes to..so how do you like the new cherokee jeep does it handle well?? She told me i was out of order and that is her private life and I had no business in it blah blah blah..OH really??Welcome to mine wich you have invaded..Hostile now wayyyyy I mean the person who decides if im doing my job as a parent Plays farmville and makes fart jokes on her Facebook its all public info lady..and I do not care if you are intimidated by what i know about you..How the FUCK does it feel..Have a nice day and sleep well at 3080 Summit glen Drive.... I think I hit a reality check with her though.... stealing kids is not safe.

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

Re: Moms with epilepsy fighting C P S

Postby Eljay » Thu Jan 12, 2012 11:57 am

Ha!!! Glad to see you fed her a bit of her own medicine! Vulnerable much? LOL
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 ----<>----<>----<>----

Bryfromohio
Posts: 4
Joined: Sun Jan 08, 2012 11:14 pm

Re: Moms with epilepsy fighting C P S

Postby Bryfromohio » Thu Jan 12, 2012 12:30 pm

I gave her the statistics 67% of kids in foster care are fed dangerous drugs to up thier cash value.... all of it and I let her know that if I were smart enough to make her THINK about herself and the job she does,and to make her look at her own child as she tucks him in at night,and be glad whats ahppening to us isnt happening to her..then im smart enough to keep my kids safe.I also let her know that I would gladly die for any of my kids.. he he he Now go sleep on it right. One CPS worker told us it wasnt "RIGHT" to let our 10 month old sleep in a musical rocking swing.... OMG lets go to the CEO of Coscos house and investigate!!.I looked up how many of the swings sold..and so to Her OMG you will have one hell of a caseload 2.5 MILLION parents arent "RIGHT" what a dipshit
I wanted her to clarify what wasnt right about it... well Kids should sleep in thier beds....OH no no no because if shes in her bed then thats the other room and she is NOT SUPERVISED and we certainly cant have that now can we??Oh excuse me do you mind sitting here with the girls for a little while I have to take a big CPS DUMP and i wouldnt want them to be unsupervised


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