Been railroaded alreadyand now they want my soon to be born child

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Emily Bateman

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Jurisdiction
New York
So I have an open CPS case for my two children. I was charged with neglect on the standings that I could not care for my children while under the influence of marijuana for violating a court order of placement after I wound up in the hospital for accidentally smoking synthetic marijuana (k2) and they had forced a valid family member to leave the property that I was living at at the time (a motel dss had placed me in as I was homeless). This has been ongoing for about 18 months and they have requested that I comply with drug treatment and therapy and parenting classes. I have since this all happened become pregnant in the process and now that I am over my due date and about to have the baby, CPS tells me that they can take the child for fear of the child not being cared for properly and fear of safety issues? I have been clean from marijuana for months now and been mostly complying with court orders as to demands being made by cps. The only thing I havnt done is realy comply with drug treatment programs but still have been testing negative for randoms they have given me and am also on probation for all of this stuff going on and tested negative for them as well and also my obgyn doctors. Can they become involved in my unborn child life? I do have a lawyer and he just keeps telling me to just comply with them and do what they want and not properly representing me through any of this. I'm concerned about the safety of my children in foster care and now concerned about them taking my baby. What can I do?
 
So I have an open CPS case for my two children. I was charged with neglect on the standings that I could not care for my children while under the influence of marijuana for violating a court order of placement after I wound up in the hospital for accidentally smoking synthetic marijuana (k2) and they had forced a valid family member to leave the property that I was living at at the time (a motel dss had placed me in as I was homeless). This has been ongoing for about 18 months and they have requested that I comply with drug treatment and therapy and parenting classes. I have since this all happened become pregnant in the process and now that I am over my due date and about to have the baby, CPS tells me that they can take the child for fear of the child not being cared for properly and fear of safety issues? I have been clean from marijuana for months now and been mostly complying with court orders as to demands being made by cps. The only thing I havnt done is realy comply with drug treatment programs but still have been testing negative for randoms they have given me and am also on probation for all of this stuff going on and tested negative for them as well and also my obgyn doctors. Can they become involved in my unborn child life? I do have a lawyer and he just keeps telling me to just comply with them and do what they want and not properly representing me through any of this. I'm concerned about the safety of my children in foster care and now concerned about them taking my baby. What can I do?
 
Mostly complying isn't going to cut it if it is court ordered.
Yes, if a judge authorizes it, they can take the child into their protection. I would be surprised if this was happening only for marijuana.
If you are homeless you may not be in the best position to care for a child anyway. You might want to focus on completing treatment programs and any other court ordered obligations so that you can get back on your feet and bring your children home.
 
When this all began 18 months ago I was homeless until they placed me at a motel but I had been staying with friends not living on the streets and yes this is because of marijuana or so that is what I was charged with in family court but was led to by the court ordered placement at a shelter after I had ended up in the hospital from smoking k2.
mightymoose said:
Mostly complying isn't going to cut it if it is court ordered.
Yes, if a judge authorizes it, they can take the child into their protection. I would be surprised if this was happening only for marijuana.
If you are homeless you may not be in the best position to care for a child anyway. You might want to focus on completing treatment programs and any other court ordered obligations so that you can get back on your feet and bring your children home.
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wow.... Unreal that you wouldn't do EVERYTHING to get your children back. Yes they can take this child as well. Sadly it sounds like they should. You need to have your tubes tied so you can't produce anymore.
 
First and foremost It doesn't say anything about me not wanting to do what they are asking and secondly I didn't post on here to be judged nor do you even COMPREHEND what and why this has happened to me. Your just giving a Shitty opinion and being judgemental. If you can't give me legal advice or read all the way through your a scumbag. And this is harassment. So screw off.
 
My attorney, in the beginning of all of this told me to plead guilty to charges that were not true because he was unwilling to represent me at trial and didn't want to do his job. Not because CPS had evidence against me, this has all been fabricated! I have proof that all of the stuff they said about me is not true. It was never about helping me. Ever. With my attorney. And I tried to get a new one but they wouldn't do it. I HAVE been complying with cps. That is why I'm confused about this whole my new child thing. I have never had any other cps cases. I have never abused or neglected my children. This is all a matter of the government and for some awful reason singling me out. You have no idea the trauma my children. And myself have had to deal with through all of this and just because cps takes someone's kids away doesn't mean they have valid reason. They stole my children and my life. Ruined my career. All because they set me up for failure. It's completely maniacle and very hard to explain. And I also live in ulster county NY. If you know anything about NY or care to know it's a common thing for them to do things like this to people who actually care for their children and do right by them but leave kids who are abused and neglected and molested in homes with parents who don't give two shits about them.
KatDini said:
Your attorney is trying to help you by telling you to comply with CPS.
However doesn't get it. You have to FULLY comply with CPS or face losing your children permanently. Do you want that to happen?
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Emily Bateman said:
So I have an open CPS case for my two children. I was charged with neglect on the standings that I could not care for my children while under the influence of marijuana for violating a court order of placement after I wound up in the hospital for accidentally smoking synthetic marijuana (k2) and they had forced a valid family member to leave the property that I was living at at the time (a motel dss had placed me in as I was homeless). This has been ongoing for about 18 months and they have requested that I comply with drug treatment and therapy and parenting classes. I have since this all happened become pregnant in the process and now that I am over my due date and about to have the baby, CPS tells me that they can take the child for fear of the child not being cared for properly and fear of safety issues? I have been clean from marijuana for months now and been mostly complying with court orders as to demands being made by cps. The only thing I havnt done is realy comply with drug treatment programs but still have been testing negative for randoms they have given me and am also on probation for all of this stuff going on and tested negative for them as well and also my obgyn doctors. Can they become involved in my unborn child life? I do have a lawyer and he just keeps telling me to just comply with them and do what they want and not properly representing me through any of this. I'm concerned about the safety of my children in foster care and now concerned about them taking my baby. What can I do?
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"Accidentally" ingesting drugs....yeah that happens all the time.

What's a "valid" family member?

Your soon to be born child can be taken from you - yes. I saw a story where a woman gave birth, the state was going to take the baby but somehow she got the bracelet off the kid and ran off - but they caught her. She got in more trouble.

And you haven't been complying with drug treatment if you have been using drugs.

Perhaps listen to your lawyer. How is he or she not properly representing you?

If you were so concerned about your kids you wouldn't be using drugs AND you would practice safe sex so you wouldn't bring any more innocent kids into the world to go to foster care. Why would you even be doing anything that could get you pregnant when you have this stuff with your other kids going on? Think - just start thinking what's best for the kids and not you.
 
Emily Bateman said:
First and foremost It doesn't say anything about me not wanting to do what they are asking and secondly I didn't post on here to be judged nor do you even COMPREHEND what and why this has happened to me. Your just giving a Shitty opinion and being judgemental. If you can't give me legal advice or read all the way through your a scumbag. And this is harassment. So screw off.
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Oh he's the scumbag in this case? No one harassed you - and you opened yourself to judgment posting on a public forum. PUBLIC forum when you have a lawyer.

You just don't want to admit you've been selfish and aren't thinking about your kids AND you're reckless behavior is going to make another innocent child suffer. Good day.
 
Your right this was a huge mistake. If I had a lawyer properly representing me I wouldn't be reaching out to a LAW community for LEGAL advice. If I wanted to be judged, I could just go on facebook, or FUCKING some form of other social media! Clearly your a POS too who doesn't know how to read! Are either of you lawyers? Have either of you felt with this situation? If not then your clearly just here to HERASS people who are looking for help! I don't owe you or anyone an explanation on here what you THINK about my situation is irrelevant. I didn't come here for your ignorant, judgmental thoughts, I came here for legal advice. And you people are judging me like I'm some kind of crackhead or heroine addict who abandoned her kids. Your both completely misinterpreting and there is no between the lines it's a cut and dry situation. READ THE POSTS AND READ THE MAIN POST! YOU PEOPLE MUST BE ILLITERATE OR SOMETHING!
 
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