Can CPS refuse reunification even if a parent completes all services

  • Thread Starter Inquisitive9216
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Inquisitive9216

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Jurisdiction
Michigan
Quick summary:
No drugs, no alcohol, never tested dirty, stable housing, employment, and transportation.
3 years ago my daughter was removed from my care. CPS stated they believed it was her dad who injured her (whom resided in the household). They could never pin down exactly if it was him, a babysitter, or a family member who watched her while I was at work. So, no charges we're ever brought forth. The GAL, CPS, investigators all stated on and off the record that they didn't believe that I injured my daughter directly.
Fast forward three years and as many caseworkers. I have since had another child, whom the court left in my care, since I have completed and benefited from the services they offered me. However, they still will not return my oldest child to my care. Instead of reunification, they are seeking guardianship. The issue I have with this is, I've already completed everything. There is nothing for me to do to. It doesn't make sense that this should be dragged out any longer.

I guess I just don't understand how this is legal or fair. The best answer I've gotten from the caseworker is, "well we're just not sure. We like (child's name) where she is at."
 
Legal is not always fair. But let me ask you this: How is it "fair" for you to wish to uproot this child from a home she's been living (and thriving) in for three years?
 
There probably isn't much you can do except possibly talk to a lawyer.
 
KatDini said:
Legal is not always fair. But let me ask you this: How is it "fair" for you to wish to uproot this child from a home she's been living (and thriving) in for three years?
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I suppose I should have supplied additional details. My children's best interests are always my first priority.

I have unlimited unsupervised parenting time (I.e. I have my daughter every moment I'm not working), it is not a traditional out of home placement scenario. My daughter is with me whenever she's not at school and I'm not at work. There would be no uprooting at all. She goes to the "Foster home", my mother, when I'm working and she's not at school. Other than that, she's not being cared for by the "foster home"


Hopefully that clears things up.
 
Betty3 said:
There probably isn't much you can do except possibly talk to a lawyer.
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I retained one at the start of this case. He has since become somewhat disinterested and even misses court dates regularly. Unfortunately, I'm not in the position to retain another 6k attorney at this time.
 
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Look into free legal aid in your area or pro bono attorneys that may be willing to assist you. Most will at least give you a free one hour consultation. You're not going to get anywhere with this without an attorney; i.e. "you can't fight city hall" which is exactly the type you're up against.
 
Inquisitive9216 said:
Quick summary:
No drugs, no alcohol, never tested dirty, stable housing, employment, and transportation.
3 years ago my daughter was removed from my care. CPS stated they believed it was her dad who injured her (whom resided in the household). They could never pin down exactly if it was him, a babysitter, or a family member who watched her while I was at work. So, no charges we're ever brought forth. The GAL, CPS, investigators all stated on and off the record that they didn't believe that I injured my daughter directly.
Fast forward three years and as many caseworkers. I have since had another child, whom the court left in my care, since I have completed and benefited from the services they offered me. However, they still will not return my oldest child to my care. Instead of reunification, they are seeking guardianship. The issue I have with this is, I've already completed everything. There is nothing for me to do to. It doesn't make sense that this should be dragged out any longer.

I guess I just don't understand how this is legal or fair. The best answer I've gotten from the caseworker is, "well we're just not sure. We like (child's name) where she is at."
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The ONLY way to insure yourself of fair, impartial, unbiased hearing of your impasse with CPS is to take the matter to court and impanel a jury of your peers to decide the facts, while the judge decides legal issues.

That is the right of every person sitting in your predicament.

If your prior hearings have been before a CPS adjudicator or a CPS administrative law judge, that's like asking the armed robber who took your loot to sit as his own judge and jury after he's been taken to trial for his crimes against your person and property.

I suspect CPS believes you colluded or collaborated in protecting the party or parties who they believe harmed your child.

That could be why CPS has decided to play hardball with you.
Only YOU have the real insight into your predicament.
I'm simply a dummy speculating based on what I've seen in the past.

I'm not siding with either party, I'm simply advising you of your options.
 
army judge said:
The ONLY way to insure yourself of fair, impartial, unbiased hearing of your impasse with CPS is to take the matter to court and impanel a jury of your peers to decide the facts, while the judge decides legal issues.

That is the right of every person sitting in your predicament.

If your prior hearings have been before a CPS adjudicator or a CPS administrative law judge, that's like asking the armed robber who took your loot to sit as his own judge and jury after he's been taken to trial for his crimes against your person and property.

I suspect CPS believes you colluded or collaborated in protecting the party or parties who they believe harmed your child.

That could be why CPS has decided to play hardball with you.
Only YOU have the real insight into your predicament.
I'm simply a dummy speculating based on what I've seen in the past.

I'm not siding with either party, I'm simply advising you of your options.
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Thank you for your thoughtful response.

I started an investigation on the first caseworker, dhs Foster care, and their treatment of the case. She was removed quickly and the case was transferred to a different agency.

It is a private agency, not public like dhs. How would I go about getting something in front of a judge regarding them?
 
Inquisitive16 said:
Thank you for your thoughtful response.

I started an investigation on the first caseworker, dhs Foster care, and their treatment of the case. She was removed quickly and the case was transferred to a different agency.

It is a private agency, not public like dhs. How would I go about getting something in front of a judge regarding them?
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SOME of those agencies use the difficulties of others to make MONEY, lots of MONEY.
The more negative findings they claim to have transpired, the MORE MONEY they make!!!

I suggest you talk to a couple or three lawyers.
YOU alone can do nothing but get knocked out, again, and again.
You'll need help to fight these beasts.
That said, search the internet for others that have been impacted negatively by the agency that you believe pounded you.
I'll bet you aren't the only victim.
Support groups and blogs exist, you just need to find them.
Google is a great help in finding out many things.
 
army judge said:
SOME of those agencies use the difficulties of others to make MONEY, lots of MONEY.
The more negative findings they claim to have transpired, the MORE MONEY they make!!!

I suggest you talk to a couple or three lawyers.
YOU alone can do nothing but get knocked out, again, and again.
You'll need help to fight these beasts.
That said, search the internet for others that have been impacted negatively by the agency that you believe pounded you.
I'll bet you aren't the only victim.
Support groups and blogs exist, you just need to find them.
Google is a great help in finding out many things.
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They make money off of my situation for certain. 8k at the last count is what I had to pay to them for the "care" them of my child. Irregardless of the fact that I pay for her food, housing, clothing, private school tutlition, insurance, and extracurricular activities directly.

I will do a Google search and see what help there is out there.
 
So the child lives with you and just goes to Grandma's house for daycare while you work? Who is being made guardian? If kiddo is living with you 16 of 24 hours, spends 6 at school and 2 with Granny, how is it you do not have custody? What "right" has been taken away? It just sounds like CPS is still following the case as they have not been able to determine who hurt the child, and as part of that, childcare must be with someone who is safe.

Where is Dad? Others who were under suspicion?
 
ElleMD said:
So the child lives with you and just goes to Grandma's house for daycare while you work? Who is being made guardian? If kiddo is living with you 16 of 24 hours, spends 6 at school and 2 with Granny, how is it you do not have custody? What "right" has been taken away? It just sounds like CPS is still following the case as they have not been able to determine who hurt the child, and as part of that, childcare must be with someone who is safe.

Where is Dad? Others who were under suspicion?
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Legally speaking, per court order, I do not have custody. However, since I do love and care about my child I do excersise my unlimited unsupervised parenting time as much as possible.

My mother will be appointed guardian since they are seeking guardianship instead of termination of parental rights.

I understand that they are still following the case. I understand and support being cautious. The issue is, they deemed me safe to care for a helpless infant (my youngest child, by my new husband). It seems completely nonsensical to say "We entrust you with the care of a child that can't speak or even feed itself, but you can't have custody of an older child that can vocalize any wrong doing." When my youngest was born, they did open up a new case (same judge), and the judge didn't find me to be a hazard to my child and left him in my care.

Everyone who cared for my daughter around the time of the injury (while I was at work) was put on central registry. None are in the household; and none were told they couldn't have contact with her, with the exception of her dad. This was due to the fact they all thought him to be most likely culpable. Which again doesn't make sense, if you believe that it wasn't me who harmed her, why continue the "out of home" placement?

When this initially started, we did request she be returned on the condition I put her in a daycare center, as opposed to a licensed sitter. Obviously, they declined.


And really another big issue is, during all this I'm incurring "out of home placement costs". Which is ridiculous since I already provide for her.
 
It is not at all unusual that they did not take the infant. Not all abusers abuse every child they encounter. In fact, many single out victims. If there was no evidence the infant was in danger, there was no need to remove the baby. That does not mean the older child wasn't abused.
 
ElleMD said:
It is not at all unusual that they did not take the infant. Not all abusers abuse every child they encounter. In fact, many single out victims. If there was no evidence the infant was in danger, there was no need to remove the baby. That does not mean the older child wasn't abused.
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That's interesting information.
However it brings up the questions of why allow me unsupervised unlimited parenting time, and why go for guardianship instead of termination if I'm viewed as a danger?
 
Inquisitive16 said:
That's interesting information.
However it brings up the questions of why allow me unsupervised unlimited parenting time, and why go for guardianship instead of termination if I'm viewed as a danger?
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As I speculated, THEY likely believe you did nothing to the children.
THEY probably think you know who did and are protecting the suspected abuser.

Again, without a lawyer and a court battle , you're never going to know!!!
 
Sorry this is coming late. But the same thing happened to me cps was giving me hell about reunification. What I did was file a show cause order myself in the family court. I did this because you cannot trust cps at all. I wanted to get inn front of a judge and tell them what was going on! I live in NY and it was very easy to do. If you dont get in front of a judge cps start making all kinds of decisions on their own. People need to get in front of judges to stop them from just doing whatever. File your own show of cause motion! first tell your lawyer your doing it, they will probably step up and help, mine wanted to wait so I did it myself! I stated in my order why I believed the reunification process should begin NOW! cps still fought me a little but when I filed the motion I saw the judge that week and showed her I had found a therapist, also I had all my neg drug and alcohol test, a letter from my child stating she loved me and wanted to be with me, and all other good paper work! Goodluck.
 
Christine718 said:
I did this because you cannot trust cps
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Very wise, also very clever.

CPS findings have no force of law, in effect, anything CPS does without involving the court is meaningless.

Christine718 said:
People need to get in front of judges to stop them from just doing whatever.
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You don't have to say a darn thing to CPS.
CPS has no ability to force anyone to do anything.
If CPS wants to remove a child, CPS has to obtain a court order.

What CPS does is bully, scare, annoy, harass, and beat people into submission after catching people during very stressful, tension filled times in their lives!

Christine718 said:
when I filed the motion I saw the judge that week and showed her I had found a therapist, also I had all my neg drug and alcohol test, a letter from my child stating she loved me and wanted to be with me, and all other good paper work! Goodluck.
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I advise my clients NOT to talk to any law enforcement official or CPS.

We all have the right not to incriminate ourselves, and the right to remain silent.

Anytime you're approached by the police or CPS all you need to do is INVOKE, as in utter this, "I wish to invoke my right to remian silent and my right to consult a lawyer."

Then you stand firm, and say nothing.

Heck, if the police knock on your door without a search warrant (which they'll loudly announce if they have one) you need not answer your door.
 

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