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  1. #1

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    Tn DCS Violated every law regarding Child Removal PLease help

    What you are about to read, is neither a Fairy tale, a dream, or a tale of un/mis true statements. This is Happening to My Husband and I and we do NOT Know How to Stop it!

    Five months ago, following a call to the department of child services by a neighbor that my children (ages 5 and 7) had allegedly run off down the street, case workers arrived at my home later that evening(after business hours) and without a court order, or even so much as a verbal order from a judge through means of intimidation and coercion took my children and placed them with the non-custodial father, who had abandoned them several years before.

    Though DCS DID follow up with a lengthy, in-depth investigation, which focused mainly on my new husband, (we’d been married just a few days) who we were told had “nothing to do with the situation”, there was never a preliminary or adjudicatory hearing in the matter, never a court order, it never came before the court, and after an initial “safety agreement” (a supplementary "Not Legal" form used to show reasonable efforts to prevent removal)was due to expire, instead of returning my children to me, they simply extended it, never offered any explanation or services to me and mailed a copy of a redated, altered after the fact , unsigned "safety agreement". I Still have the Unsigned Document.
    Either directly, or indirectly related to DCS’s investigation our plans to move into a new home we had already closed on, were scrapped, my husband lost a lucrative contract position at Vanderbilt University Medical Center and the residence we were living in temporarily was robbed twice in 2 days. My husband was forced to liquidate all his assets including his sole primary residence, in order to allow us the funds to relocate to a safer residence.

    Once we established a permanent residence in My Hometown in Iowa (wanting some family support and a safer environment for my children) and realized that DCS had never even gotten a court order to remove the children from our home and had no right to keep the children from us, we made plans to return to TN and retrieve our little girls. Immediately upon establishing our residence in Iowa, the biological father (with the help of DCS officials, two months after the children were removed from my home) filed a private party petition for temporary custody of the children, (using a standard DCS Pre-removal Petition) tying this matter up in court in TN.

    I went to court for a hearing on this matter on August 26th, 2002, and was given a court appointed attorney, who was clearly under the impression that it was a DCS hearing and not a private party petition, and "strongly advised" that I sign another safety agreement, leaving the children in the care of their non-custodial father for another 3 months while awaiting the trial date on November 25th, 2002. No One informed the attorney who was brought in from another room of the fact that DCS Removed the children prior to that day and never gave them back or even filed a petition, or the judge for that matter.

    During this 3 month period, I received no documentation on paper from DCS or the courts, no signatures, court orders, or copies of any paperwork promised to me. Case workers continued to make demands of me "by telephone, insisting that I had to comply with their orders" or I would never see my girls again, but would never put any of those “orders” in writing.


    I sent documentation which made it evident to my attorney that the children had been taken from me by state employees illegally,(is this not Kidnapping and conspiracy to Kidnap, as the worker and the father were outside alone "discussing the situation") and placed with the father. No court orders had ever been filed by the state, no hearings had ever been held and no judgments ever granted by a court. When this became evident to the Court Appointed Attorney, he went before the court and asked to withdraw from the case Days before the trial date, leaving me without representation, outside the state of Tennessee and unable to afford an attorney.


    On the Instruction of the court - Via the Attorneys Petition of Withdrawl, I compiled my evidence to present to the judge in the case and was prepared to motion for a dismissal of the case based on all of this evidence. On the day of the trial, the judge refused to allow me to present my evidence and allowed “the state” (who had not filed the petition) to present “their” case against me under the guise of representing the father, (Is this even Moral, Ethical, or even legal in a private party petition?). I asked to be appointed another attorney and was refused counsel by the judge. The DCS attorney was then allowed to see the statement I had prepared, but the judge refused to even look at it, simply denying my motion for dismissal or to even allow me to present any evidence telling My Side of the Story, even after I stood up in open court and stated, “At no time was I ever granted an adjudicatory hearing before the court in this matter.” The statement was ignored and I was Ordered by the judge to "sit down"!



    The judge found in favor of the petitioner, and court was dismissed. I was sent on my way without any court order or paperwork of any kind being given to me, or instructions on how to appeal the decision. “We’ll mail it to you.”


    I would like to know why the State of TN has been allowed to kidnap my children, place them with the non-custodial parent for 5 months, help him in retaining them in his possession, help him financially by assisting him in terminating child support after having the children in his care for 23 days under a “voluntary” safety agreement that was scheduled to last 30 days, assist him with state funds for child care when he makes more than $50,000 a year, and grant him the assistance of a state attorney on a privately filed petition for temporary custody of minor children.

    No One will help us, listen to us or even Believe Us and we have all the Legal Documents to Prove it! We want our girls back, and then Expose the Corruption and Sue the State of Tennessee and everyone Involved but no one will even tell us how to do that.

  2. thelawprofessor's Avatar
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    3 months ago I would have not believed you until I witnessed a similar abduction in GA, where a grandmother and stepgrandfather were able to "legally kidnap" their grandchildren, one of whom was not of any blood relation! They were able to do so pursuant to a perjurious petition that contained many inaccurate statements and asserted an "emergency state" that was never investigated in the ex parte (one side only) hearing. Somehow, this was deemed within the court's jurisdiction -- but these are all small courts in small counties where sometimes the law isn't quite applied appropriately.

    That said, I'm not sure what I'm missing here. Under what power was anyone able to take your children? Additionally, what is the history that had DCS place the children with the biological but non-custodial father? There is something going on here that is responsible for this mess. It seems to me that the father has come back and used DCS/court to take away the children on some basis. Even DCS employees wouldn't stick their neck out and grab the children knowing that they could be liable for kidnapping.

    We need a bit more information. There also has to be some paperwork -- what did your attorney tell you with regard to the case? Why did you agree to the extensions for custody of your children with the father? You never should have agreed to this.

    Let us know a little bit more and, if possible, explain more about how the intervention of the DCS happened. They must have had some basis -- or you have a significant case against DCS. It would seem that some procedural basis would have been caught by the court -- they may not be totally on the ball but they would have realized the serious problems with what occurred.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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  3. #3

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    Well, let me explain....

    I will try to address as many of your questions as I can here. First of all, I'm guessing that the situation you describe in GA was similar. Someone (in our case a neighbor who we think may have been paid off) called DCS and reported that my children were playing outside unsupervised too far from my apartment at around 10:30am. They are 5 and 7 and they do have a tendency to be adventurous, but this seemed odd for a number of reasons, including how far they were reported to be, and the short amount of time they'd been outside. (this incident, in itself, leads to many more questions than it answers)

    DCS case workers arrived at my home later that night, after business hours, at the same time as the paternal grandfather showed up, wondering if he and his wife could take the children out to dinner.They were there for approximately 3 hours, but no mention was made of removing the children from my care, and they never asked the grandfather to leave. At one point, I was taken outside to discuss a previous report that *I* had made to DCS concerning possible sexual abuse against the children by the paternal grandfather, but no charges were ever brought against him, the police investigated, but there was never any evidence, so all I could do was make sure the children were never left alone with him. During this "private discussion" with me outside, the grandfather called his son (the children's father) and told him to get over to my apartment because "DCS is about to take the kids." My husband heard him state that to him on the phone, although no mention was made to ME of any such plan until a few minutes later when the biological father showed up, and then had a private discussion with the case worker outside. After their chat, they came back in and the case worker informed me that she was "taking the children, regardless" and strongly suggested that I sign a temporary safety agreement, allowing the children to stay with their father. This was to be in effect for only 30 days.

    To really understand the situation, you also have to know that I had only been married 5 days when this happened, and we had just closed on a new home. We were in the process of getting ready to move and the place was rather a mess, but the case workers were made aware of that. You also have to understand that the father had not expressed any interest in having custody of the children in the previous 4 years after he'd left us. We were never married. It wasn't until I married someone else (immediately after, in fact) and the lives of my children were about to improve dramatically that he decided he wanted custody, and no longer wanted to pay child support.

    As far as "on who's authority" the children were taken...I did sign the first 30 day safety agreement (which was not a legal document, just an informal agreement) but it was DCS case workers who said they were removing the children and placing them with the biological father "it'll give ya'll time to get moved" they said. They never really stated any grounds, other than the report of the children playing too far from the apartment, and that my home was "unkempt", and even those things were never put in writing.

    That safety agreement in June was the first and ONLY thing I ever signed with DCS or the courts, until the I went to court in August for the father's private party petition for temporary custody of the children.

    DCS NEVER got a court order, or petitioned for a hearing, (And to this date they have not, and this has now been proven through investigations by the Ombudsman's office of Families and Children. They found no court orders, or petitions or even an open case with DCS.) nor did they get my consent to do anything as regards to the children, though they did have them examined by doctors and put in "counseling" where the children made allegations of sexual abuse against the paternal grandfather again. (Keep in mind, they let this same man help load my children up in their father's car and drove away with them the night they took the children, and I had already told the case workers about the previous report)

    Despite all this, and the fact that even my court appointed attorney (who withdrew from the case days before the trial) stated in his letter of withdrawal that the children had NEVER been in the care of the state, they were "temporarily living with their father". Nothing had been ordered by the court...although both the father AND DCS case workers led me to believe that was the case. Basically, they had no emergent situation or even grounds to take the children in the first place, and knew it, or they would have gotten a court order. They couldn't, and didn't...and did NOT return my children to me. Instead, to cover their mistake, they helped the father retain them in his care, helped him terminate child support after 23 days, ex parte, (which I understand is illegal, seeing as he did NOT have custody of the children) and helped him file his private party petition TWO MONTHS after the children were taken. Then, to dig themselves in even deeper, DCS and a DCS attorney represented the father in his private party petition in court....both times, making it appear to the court that it WAS a DCS matter when it was not. (This too, has been proven)

    You say that there is something going on here that's responsible for this mess...and about that, you are correct. We have not yet put ALL the pieces together in this puzzle...but we're getting there. We don't know why the case worker (and then others she drew into the situation to cover her butt) would risk her job and career over this, but there is clearly a connection between her and the father. They seemed overly friendly with each other from the first moment and she has been by his side, holding his hand, figuratively, thoughout all this...even though she was an investigator and should have been completely out of the situation after the first 72 hours. This was never passed to a case manager.

    The simplest explanation is that the father was happy enough with the status quo as long as I was single, destitute and he was able to see the children at his convenience. The minute I got married and was moving 30 miles away into a new home, and the children were very happy with their new stepfather...he decided that he wasn't going to pay child support anymore, and couldn't stand to have another man raising "his children" even though he had been out of the picture for 4 years.

    As far as the courts recognizing this, no, they refused to. Even when I clearly pointed it out to the court, I was ignored and told to sit down. I went to court in November for the "trial" which was clearly decided before I even got there. The referee refused to grant my motion for dismissal, (I went in armed with overwhelming evidence of all the wrong-doing and illegal activities and she refused to even look at it) refused to grant me counsel, and refused a continuance...then allowed "the state" to present their case against me in a private party petition where they had no business being involved, and every time I tried to comment, I was hushed. The only opportunity I was given to "make a statement" was during witness testimony, and I felt that without counsel it was best not to put myself in that situation.

    The father was granted custody, "all visitation to be supervised by the father" but no visitation schedule allowed for, no mention of child support issues or anything else...."petition is granted, get out of my courtroom"...after which I was not even given a temporary order of the court or asked to sign anything. I was just sent on my way with NO paperwork at all.

    I went home and immediately filed for an appeal to the decision, but oddly enough, when I went to file it, the clerk of court didn't even know what I was appealing, as the order was never filed. It was not until after I called several times to request a copy of the court order (to be mailed to me) and the Ombudsman's Office had already begun THEIR investigation of things, that the court order even showed up.

    Everyone who has seen the facts (including other state agencies now) have agreed that NOTHING about this was handled legally or properly and that we need an attorney to sue them. That's swell advice...but what I really want is to have my children back, so we can get on with the life we were TRYING to start when this all happened six months ago.

    I know that people see this and they probably think, "Oh, there must be some reason they took the kids...she's not telling the whole story." The truth is...they did NOT have a reason to take the children. They intimidated me, lied to me, misled me, my husband, my family AND the courts into believing they had done things properly, and stalled me till the father could take custody. (in the meantime, trying very hard to destroy my family support, my relationship with my new husband and to devastate us financially)

    As I said, we already have other agencies investigating this now, (and it's been PROVEN that what they did was kidnap the children) and have filed a formal complaint to the board of the judiciary in this matter, but I STILL DO NOT HAVE MY CHILDREN BACK! We can't even find an attorney to represent us, because everyone in TN is afraid of the repercussions of taking on "their home state".

    WHAT THE HELL IS WRONG WITH THIS SYSTEM, and why will the state of TN not return my children to me, even after it's been proven they had no right to take them in the first place, let alone keep them for 6 months?? We have been told by a number of attorneys that we have a rock-solid case against everyone involved...low-mid 7 figures, at the least...so why can't we find an attorney to take it? Since when did Tennessee become its own little country, immune to federal law? If anyone could direct us to an attorney licensed in TN that's willing to help us, it would be very much appreciated.

  4. #4

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    A couple of more points to consider

    The biggest part of "the state's" case against me in court when they stripped me of custody of my children, was that I had an "unkempt home" and that I was allowing the paternal grandfather to have even supervised visits with the children.

    Several things about this make NO sense. First of all, the father himself was also allowing his father to see the children, and in fact, had been the one to reintroduce the man into the situation after I had allowed NO contact between him and the children for well over a year after my initial report of suspected abuse (again, I have to point out that the abuse was never proven).

    Secondly, my husband and I had JUST been married, and my husband was made aware of my concerns about the suspected abuse by the grandfather, and was in agreement with me that the children needed to be closely supervised and visits by the grandfather limited. DCS workers were informed of this, as well, and they STILL allowed the grandfather to remain in the situation during the entire interview process and allowed him to help transport the children to their father's home.

    The referee (in the matter of the trial in November) used the "allegations of sexual abuse against the paternal grandfather" to charge ME with sexual abuse of the children. First of all, my husband and I were never accused of any type of abuse, sexual, physical or otherwise, and the man who allegedly abused the children has never even been charged with this, let alone brought to trial over it, but they used his "presumed guilt" to strip me of my parental rights.

    Also, in the matter of "unkempt home"...DCS took photos of the children's bedroom during this interview and used them in court, though I never gave them authorization to do so, and (here is the big issue) we no longer live in that apartment, let alone in the state of TN. We have a nice, well-kept home in my hometown in Iowa, and many witnesses can attest to that, but I was never allowed to even present that evidence.

    All that aside, the fact still remains that this was NOT a DCS matter, they did not file the petition, they were not seeking to have the children placed in the care of the state, and they had NO business representing the biological father in a private party petition for custody, but that is exactly what they did, and the court allowed it.

  5. #5

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    more information

    {3 months ago I would have not believed you until I witnessed a similar abduction in GA, where a grandmother and stepgrandfather were able to "legally kidnap" their grandchildren, one of whom was not of any blood relation! }

    While I am not yet familiar with this case I am going to try to find the caselaw, as it may well lend some credence to the attorney who steps up to take this case. As far as the term “Legally Kidnap”, I cannot find the reason behind any form of kidnapping as being legal. I do though see grounds for the term “Court – Sanctioned – Kidnapping”. This may in and of itself open up a can of worms that the State itself would rather not open, as the implications are rather insidious.

    {They were able to do so pursuant to a perjurious petition that contained many inaccurate statements and asserted an "emergency state" that was never investigated in the ex parte (one side only) hearing. Somehow, this was deemed within the court's jurisdiction -- but these are all small courts in small counties where sometimes the law isn't quite applied appropriately.}

    To this statement I have much to add and perhaps in adding, clarify something of this case. The petition which was filer 2 months and 2 days after the removal of the children from the only home they had ever known was indeed riddled with perjury by both omission and commission. In the very first question the petitioner is asked “Were the children removed”, with a “Y or N” (it’s not rocket science it’s a simple question yes or no), which must be circled in order to avoid perjury by omission. To circle “Y” – (yes) requires that the dates be entered for the hearing that are required to take place upon removal and failure to return the children. Being that this petition was filed 2 mos. And 2 days after the fact, and NO procedures were ever followed, orders requested, received, petitions on the part of DCS asked for, heard or granted, (the 72 hour window), circling “Y” would have tipped the court off to the fact that it was being handled illegally. Circling “N” would have been perjury plain and simple. So instead the petitioner circled neither, committing perjury by omission, or knowingly misrepresenting the Sworn Statement to the Court in the removal of the children.

    Why did they not catch this? The next page of the petition clearly states in the petitioners words, but clearly not in his handwriting, “The children were placed with me per DCS “safety plan” due to neglect and failure to protect on the part of their mother”. Which part of this was DCS Not part of? They removed the children and placed the children with the non-custodial parent who had NO custody rights period! On the agreement, (a Non-Legal Document – it says so right on the original “This is not a legal document”), the non custodial father was written in as “the primary guardian”. He had no rights to sign anything on the children’s behalf, making all examinations of the children between June 12th 2002 & December 6th 2002 Unconsented and again Not Legal.

    {That said, I'm not sure what I'm missing here. Under what power was anyone able to take your children? }

    The children were removed by 2 women wearing badges around their necks, under the Authority of the State of Tennessee, Unlawfully, in direct violation to the 4th amendment of the US Constitution, as well as the 14th Amendment to the US Constitution.

    {Additionally, what is the history that had DCS place the children with the biological but non-custodial father? }

    I do not understand this part. All history was clarified in the Custody Award of the children Sole and Complete to the Mother years prior to this incident.

    {There is something going on here that is responsible for this mess. It seems to me that the father has come back and used DCS/court to take away the children on some basis. }

    Yes it was a set up. The non-custodial grandmother has worked for the Department of health for 23 years.

    {Even DCS employees wouldn't stick their neck out and grab the children knowing that they could be liable for kidnapping. }

    While I understand your statement, the DCS Worker ultimately responsible for the removal filed nothing, opened no case, got no court orders, filed no petitions, but did investigate, (thereby meeting the terms of the “safety plan in full” which state, “pending investigation by DCS”) the new husband of 5 days (me) leading everyone she spoke with to believe I was the one under Investigation for molesting the children. First off, even the mention of molestation, had no business coming up in any conversation with My Ex-Girlfriend and neighbors or employer, as there were no charges ever filed against anyone, let alone me. Now, defamation of Character, Slander, and a host of other admitted tactics were used to gain information on me, which was never used, but will be when I file suit against her and the state and everyone she spoke with has agreed to come forward and testify against her! As a result of this “Investigation” I lost my Sole Primary Residence, My $40.00 an hour Job, and was caused to liquidate everything of any worth or value I owned in order to move us into a residence since notice was already given. And as a footnote, the charges are “especially Aggravated Kidnapping” – 2 counts each.
    (39-13-303. Kidnapping.

    (a) Kidnapping is false imprisonment as defined in § 39-13-302:
    39-13-302. False imprisonment
    a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty
    (Removing the Children from the Care and Control of the Sole Custodial Parent and placing them where they did not legally belong)
    39-13-305. Especially aggravated kidnapping

    (a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302:
    (2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement
    (Both Minor Children were and/or are of the tender years)

    (b) (1) Especially aggravated kidnapping is a Class A felony.


    {We need a bit more information. There also has to be some paperwork -- what did your attorney tell you with regard to the case? }

    Upon receiving an 18 page document making the attorney aware of the Truth of the situation, he went to the judge and said my wife “bad mouthed” him and withdrew, never making the court aware that he was in violation of the law with regards to misrepresentation of his client. The petition was granted to him, and an order of continuance Denied signed 10 days before the trial.

    {Why did you agree to the extensions for custody of your children with the father? You never should have agreed to this.}

    She did NOT agree to any continuing of the agreement as can be clearly seen by her lack of signature on the document itself! (Yes we still have it, and if you look at the wrong line you can see where someone went to forge her name and stopped – on the wrong line even – Doh!)

    {Let us know a little bit more and, if possible, explain more about how the intervention of the DCS happened. They must have had some basis -- or you have a significant case against DCS. It would seem that some procedural basis would have been caught by the court -- they may not be totally on the ball but they would have realized the serious problems with what occurred.}
    Last edited by TheNetArchitect; 12-17-2002 at 02:10 PM.

  6. #6

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    I can't believe what I am reading!

    I just read this thread, and dug it up in hopes that someone else will reply.

    If we hadn't been through almost the EXACT SAME THING, I would never believe it.

    We have (and currently are) been subjected to this exact same 'CPS aided kidnapping'.

    CPS has kept the child out of the home without a court order and without hearings, notifications, etc., placing her instead with the NCP, for almost a YEAR, all under a "safety plan" and all in violation of the court order for custody which remains UNALTERED to this day.

    It's outrageous and I'd be so appreciative if follow ups to this post would take place so that we can compare it to our own situation.

    Thanks so much.

    tiredmama

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  8. #7

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    Quote Originally Posted by TheNetArchitect View Post
    What you are about to read, is neither a Fairy tale, a dream, or a tale of un/mis true statements. This is Happening to My Husband and I and we do NOT Know How to Stop it!

    Five months ago, following a call to the department of child services by a neighbor that my children (ages 5 and 7) had allegedly run off down the street, case workers arrived at my home later that evening(after business hours) and without a court order, or even so much as a verbal order from a judge through means of intimidation and coercion took my children and placed them with the non-custodial father, who had abandoned them several years before.

    Though DCS DID follow up with a lengthy, in-depth investigation, which focused mainly on my new husband, (we’d been married just a few days) who we were told had “nothing to do with the situation”, there was never a preliminary or adjudicatory hearing in the matter, never a court order, it never came before the court, and after an initial “safety agreement” (a supplementary "Not Legal" form used to show reasonable efforts to prevent removal)was due to expire, instead of returning my children to me, they simply extended it, never offered any explanation or services to me and mailed a copy of a redated, altered after the fact , unsigned "safety agreement". I Still have the Unsigned Document.
    Either directly, or indirectly related to DCS’s investigation our plans to move into a new home we had already closed on, were scrapped, my husband lost a lucrative contract position at Vanderbilt University Medical Center and the residence we were living in temporarily was robbed twice in 2 days. My husband was forced to liquidate all his assets including his sole primary residence, in order to allow us the funds to relocate to a safer residence.

    Once we established a permanent residence in My Hometown in Iowa (wanting some family support and a safer environment for my children) and realized that DCS had never even gotten a court order to remove the children from our home and had no right to keep the children from us, we made plans to return to TN and retrieve our little girls. Immediately upon establishing our residence in Iowa, the biological father (with the help of DCS officials, two months after the children were removed from my home) filed a private party petition for temporary custody of the children, (using a standard DCS Pre-removal Petition) tying this matter up in court in TN.

    I went to court for a hearing on this matter on August 26th, 2002, and was given a court appointed attorney, who was clearly under the impression that it was a DCS hearing and not a private party petition, and "strongly advised" that I sign another safety agreement, leaving the children in the care of their non-custodial father for another 3 months while awaiting the trial date on November 25th, 2002. No One informed the attorney who was brought in from another room of the fact that DCS Removed the children prior to that day and never gave them back or even filed a petition, or the judge for that matter.

    During this 3 month period, I received no documentation on paper from DCS or the courts, no signatures, court orders, or copies of any paperwork promised to me. Case workers continued to make demands of me "by telephone, insisting that I had to comply with their orders" or I would never see my girls again, but would never put any of those “orders” in writing.


    I sent documentation which made it evident to my attorney that the children had been taken from me by state employees illegally,(is this not Kidnapping and conspiracy to Kidnap, as the worker and the father were outside alone "discussing the situation") and placed with the father. No court orders had ever been filed by the state, no hearings had ever been held and no judgments ever granted by a court. When this became evident to the Court Appointed Attorney, he went before the court and asked to withdraw from the case Days before the trial date, leaving me without representation, outside the state of Tennessee and unable to afford an attorney.


    On the Instruction of the court - Via the Attorneys Petition of Withdrawl, I compiled my evidence to present to the judge in the case and was prepared to motion for a dismissal of the case based on all of this evidence. On the day of the trial, the judge refused to allow me to present my evidence and allowed “the state” (who had not filed the petition) to present “their” case against me under the guise of representing the father, (Is this even Moral, Ethical, or even legal in a private party petition?). I asked to be appointed another attorney and was refused counsel by the judge. The DCS attorney was then allowed to see the statement I had prepared, but the judge refused to even look at it, simply denying my motion for dismissal or to even allow me to present any evidence telling My Side of the Story, even after I stood up in open court and stated, “At no time was I ever granted an adjudicatory hearing before the court in this matter.” The statement was ignored and I was Ordered by the judge to "sit down"!

    The judge found in favor of the petitioner, and court was dismissed. I was sent on my way without any court order or paperwork of any kind being given to me, or instructions on how to appeal the decision. “We’ll mail it to you.”


    I would like to know why the State of TN has been allowed to kidnap my children, place them with the non-custodial parent for 5 months, help him in retaining them in his possession, help him financially by assisting him in terminating child support after having the children in his care for 23 days under a “voluntary” safety agreement that was scheduled to last 30 days, assist him with state funds for child care when he makes more than $50,000 a year, and grant him the assistance of a state attorney on a privately filed petition for temporary custody of minor children.

    No One will help us, listen to us or even Believe Us and we have all the Legal Documents to Prove it! We want our girls back, and then Expose the Corruption and Sue the State of Tennessee and everyone Involved but no one will even tell us how to do that.
    The same thing happened to me in GA. I was told that there were no safety issues whatsoever at this time, but until they (dfcs) found something, the children could not reside with me. They stayed with my neighbor for three days until they decided she was not fit, then with another neighbor for a night. They then told me that I had one hour to figure out what to do with my kids or they were going to "place" them. I had no choice but to send them to TN to be with my daughter's father who is not the custodial parent, who is a felon, who hasn't paid one dime in child support (he's in arrears to me for about 18,000), and who hadn't even called his daughter in 5-6 months. I've no living relatives and know he won't hurt the kids so I had no choice. This was about two weeks ago. DFCS hasn't even called to check if the kids are even there. I've signed nothing, had no hearing, NOTHING. This all from an accusation that I'm mentally unstable. I don't understand any of it. Robert doesn't even have visitation rights! You would think that if there were real "concern" for my children, they would have at least done a simple back ground check on the man! I'm thankful they didn't because like I said, I've no living relatives and they could be in foster care, but Really? Now Robert thinks he's somebody special and that he's going to get to keep Briana forever. I'm so glad that I found this site and this forum. It's so hard. The first week I literally thought I was going to die. My children have always been what keeps me "stable", what keeps me going, and they took that / them away from me. I was advised by an attorney that dfcs had no right to do this withoug Due Process and to just go and get my kids.... What's your opinion on this?

    I wish you all the luck in the world,
    Shannon
    PLEASE reply. I really think all of us need to band together and put a stop to what GA is doing to our families. I for one am going to try to sue the county dfcs, schools (for breaking the HEPPA LAWS)(turns out they aren't supposed to release school records?), and the individual workers who did this to my family.

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    Quote Originally Posted by tiredmama View Post
    I just read this thread, and dug it up in hopes that someone else will reply.

    If we hadn't been through almost the EXACT SAME THING, I would never believe it.

    We have (and currently are) been subjected to this exact same 'CPS aided kidnapping'.

    CPS has kept the child out of the home without a court order and without hearings, notifications, etc., placing her instead with the NCP, for almost a YEAR, all under a "safety plan" and all in violation of the court order for custody which remains UNALTERED to this day.

    It's outrageous and I'd be so appreciative if follow ups to this post would take place so that we can compare it to our own situation.

    Thanks so much.

    tiredmama
    GA dfcs did it to me as well. I haven's seen an order, had a hearing, NOTHING. Yet was told I had one hour to find somewhere for my children to go or they would "place" them.

    Thank you and Good Luck

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    I have a similar situation going on with CPS here in TN. They took my children from an accusation of head lice from the school. That was the original complaint. Then they started digging and contacted my mother-in-law and she accused my husband of other things. I just went to court Monday and they had all kinds of people there. But the thing of it is, they didn't put the CPS caseworkers or my husbands mother on the stand. TN CPS is very corrupt. We are going to look into a violation of the Constitution lawsuit against them.

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    I wasn't even told that. They went to the school and took them. Then called us and told us they took them and placed them in custody.

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    Child removal

    I myself wouldn't of beleived that DCS could remove children without a court order until it happened to me. DCS has to answer to noone, DCS does as they please I have been involved since July 31 2009. DCS removed my children because my fiance and I had a fight a 2 am. Police were not called to the home children were not harmed nor witnessed anything. But DCS removed them two days later with no court order. Till this day there has been no adjudication. A court appointed attorney waived the preliminary hearing that took place a month after the case started but since then i have done everything DCS has said i needed to do completed parenting classes and anger management classes in November of 2009. And still cannot get this case resolved my Children ask to come home at every visit that I have with them. I emailed Gov. Phil Bredison who did nothing as well except forward the complaint right back to the director of DCS in who i was filing the complaint with so where do you go?

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    They took us to court three days after removing the children. We have been to court three times so far. We just had a final hearing last Thursday. We were told by the judge that we would get a decision by Wednesday. Well, it's Friday and haven't seen anything yet. DCS will drag their feet as long as possible.

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    I have to agree that never would I have believed that an agency that is supposed to help children who are in dire need of intervention from being harmed can do the exact opposite and remove a 16 month old from her home with her mother.The Ga. cps took my granddaughter away on the pretense that they received an urgent message that the child was in imminent danger.When they were told to leave from my daughter's residence they came back with the police.They told my daughter that if she didn't have someone to call and take her that they would place her in foster care.I was called by my daughter and could barely understand what she was asking me to do.She was hysterical! They said that they had received information that she was intoxicated and that her boyfriend was smoking pot.They were there to take the children out of harms way.The boyfriend has a daughter also .They went to her school and interviewed his 11 year old.The child then told them that she was scared and wanted to leave to stay with her mom.The only thing that we could figure out was that it was all preplanned because there hasn't been anything proven only aleged..We do know that the boyfriends mother doesn't like my daughter and constantly tries to interfere.They only tell us that the cps found alcohol in the fridge and that because of their refusal to comply with their requests of being drug tests,which my daughter asked if she agreed to take and passed she could keep her daughter in the home the cps worker told her in front me that no she would still have to be removed.Then my daughter refused.My daughter suffered giving birth to our grandbaby a rare condition called pericardial myopathy,went into Congestive heart failure.She then was on life support for almost two months she had H1N1,pnuemonia,and developed a staff infection.Needless to say that she is a living miracle!She is not even thirty and is a CHF patient and her baby is all she lives for! It has been 44 days since they took her baby.No 72 hour hearing,no court order,and just today they informed her that they were going to open her case.They had a family team meeting and informed her unless she complies with their demands that they will put her daughter in foster care! When I asked why there wasn't a 72 hour hearing or court order I was informed that my daughter volentarely signed a safety plan to dcs.and they didn't need a hearing or court order.I also think that it was all a set up because the boyfriends mother is married to the head of the drug rehab here and she voleteres her free time there.I do know that the family has never cared for my daughter.I am not a person who even likes to accuse anyone for any reason but something is going on here.I have been staying with my daughter almost every day since that baby was born and if I for one instance thoght that she was in danger would never hesitate to take apropiate safety measures.My daughter is over 21 and if there is alcohol in her house I believe that is her right to have.But rest assured never has she endangered her baby!Her health is a constant battle she must face every day when my family is needed or I,we are always there to help watch and take care of both she and her baby.We are a big family and are willing to help in whatever cpacity that we can. DCS here in Ga. is so corrupt and you never get the same social workers because they keep leaving and being replaced.I have called them a long time ago about my neice whom was beat worse than an animal{they have more rights than humans}and my family were witness to this .We all called individually and were told that there wasn't anything that they could do because family members did make up stories all of the time and they needed someone who wasn't a family member to report it in order to take action.I then went over their heads and filed a complaint HR in Atl.,Ga. but my trust in the system hasn't ever been the same since.I need to get some legal representitive for my daughter but we nor she has the money to do so.What I would like to know is how do we fight without proper legal help and how do we proceed from here?

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    people are beginning to band together. google govabuse

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    I have also been a victim in this unjustice.it happened to me 20 yrs ago.it is now that my perspective has been revealed.there are options for you ,if you would like to explore them,please reply

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