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17 yo Put into states care for little reason

Discussion in 'Child Custody & Visitation' started by Samuel White, Nov 20, 2018.

  1. Samuel White

    Samuel White Law Topic Starter New Member

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    Jurisdiction:
    Kansas
    I have a friend that is 17 years old, diagnosed with Epilepsy that stress induces and was taken away by the state of Kansas due to "Neglect " because they had to live out of a 1 bedroom motel while his Mother was figuring out a new living arrangment. The courts used character witnesses, I don't remember how many but they were some if not all the father's friends. I just feel like there's a bias,
    The courts offered him to live with his Dad, The father is divorced or separated from the mother, but his father denied that which forced my friend into foster care. which according to My friends older Adult brother told me his dad used to full force punch him as "discipline". But there's a significant age gap and I don't know if that behavior still happens, and I asked and he said no, but it could also explain my friends emotional health at times.
    because about 5-9 months ago, my friend and his father got into a simple argument that lead to my friend leaving the house because he gets easily stressed and somewhat emotional. well when he finally cooled off and tried to go inside all the doors were locked. And he told me he stood there knocking and his dad shouted something and my friend started to kick in the door, and the father called the Police on him and my friend was arrested. They gave him probation and a curfew, and I remember his Mom holding him to that curfew and was really trying to keep his mind occupied with school work and even video games so he isn't out getting In trouble. His mother is a very stressed lady trying to hold it together and she tries her hardest, my friend was cared for. His dad is a complete narcissist but he is also a veteran and so that makes him a good member of society I guess to the courts. I
    just see no reason other than their temporary set back why they would not release him back into his mothers care or allow for a new Hearing. I just think this situation is completely messed up, especially considering my friend is going through one of the most stressful times of his life because he can't go home, he only gets short visits with his mother. He also is saying that the foster care he's in is transporting him daily from a facility he says is basically an office in the day time in Junction City to a Wichita facilith to sleep. 2 hour drive most days of the weed if not all. He said it gets irritating being forced to travel with no choice over the matter. But not only that the place make him go to sleep on the very thin padded floor. And hes tolld them multiple times he feels uncomfortable when they shake him with their hands in order to wake him up every morning, no one but a few workers in The junction facilty listens. And plus he said the state workers in Wichita are very rude with how they speak to him. My friend can seem a little defiant with how goofy he acts sometimes when he's in a good mood, but he's always very respectful until somebody shows disrespect to him. And someone has to push him pretty hard to make him that upset. I've only seen him get any form angered at his father, because usually he'll just be pissed, it ruins his day, and if hes pushed further he starts crying. I want to know if this can fall under the emotional distress law? From what I read online probably not, but he obviously is going through emotional distress but I don't know if there's much of a case for it. And if there is a case, will it put him back into his mothers care? Or possibly could he use a proved case of emotional distress as a suitable reason to get emancipated? Please help. I'm worried about my friend, he was in better care with his Mom for sure.
     
    Last edited: Nov 20, 2018
  2. mightymoose

    mightymoose Moderator

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    If this is a matter that went through the court then I assure you there was a reason. It may not be a reason you agree with or understand, or could be one you are totally unaware of, but there is a reason.

    As you are an outsider to the situation you apparently are not able to produce relevant information. Nothing you've provided here has much of anything to do with a decision for foster placement.

    The best thing you can probably do is provide moral sort to your friend during a difficult time which should also be temporary.
     
    hrforme likes this.
  3. Samuel White

    Samuel White Law Topic Starter New Member

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    I see your point. But I was there when all of this went down, read through all the paperwork. Talked it over with his Mom. Himself. And his Brother. It's been awhile and they've already told him he is in states care permanently until he's a legal adult. The reason being is they were living in a motel for less than 2 weeks, and their father called the authorities. Thr father, along with his friends Testified saying she doesn't take care of her kids and that she worships Satan and is influencing her kids to do so. She is a satanist, but we have freedom of religion. Sorry i wasn't clear with that. He had his buddies testify also. I know for a fact he knows multiple local lawyers, and judges who would take his word, and obviously did.
    Internal affairs has been called on our court 2 times in the past 15 years just to mention, and they are definitely not known to operate ethically. I know all the details about this case rest assured, just ask. I'm not claiming they're corrupt, I just know that doesn't seem fair. This post was for me to get information to his Mother who I'm in close contact with. The Emotional distress was caused when he was taken. I just would like to know what we can do to build a case, because the mother is tore up and they don't deserve this. Any advice forward building a case will help, because at this point it's about getting my friend home and away from that foster home where he doesn't belong. Any questions about the case? I have answers, and so does his mother.
     
  4. mightymoose

    mightymoose Moderator

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    As I said, there is apparently more to it than you know, because this isn't enough to make any social worker use a drop of ink.
     
    hrforme likes this.
  5. mightymoose

    mightymoose Moderator

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    There is nothing for you to do as you are not a party to anything.

    If mom wants to regain custody then she needs to show that circumstances have changed and she is able to provide adequate care. When she is ready she can petition the court to regain custody. It isn't something she should be thinking of doing on her own. She will need legal counsel and that person can certainly help her to understand why things are the way they are.

    However, the closer her son is to 18 the more she should just wait it out and save herself and her family a ton of money.

    It is interesting the father did not get custody. There is apparently something going on with both parents.
     
  6. army judge

    army judge Super Moderator

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    You can work with the lad's mother and pay for a nice apartment for your friend and his mother.

    I'm guessing that a year's worth of you funding their apartment at about $2,000 a month would run a "happening": dude like yourself a mere $24,000.

    You could then use some of your enormous bank to hire a lawyer to help "spring" your pal, so he can live with his beloved mother.

    For a "got it together, going on" dawg like you, about $15K will get a hotshot mouthpiece who'll fix this mess a few hours.

    Good luck, "livin large" big bossman!
     
    Samuel White likes this.
  7. Samuel White

    Samuel White Law Topic Starter New Member

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  8. mightymoose

    mightymoose Moderator

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    Sometimes there are no options.
    I presume you are a minor yourself. There is nothing for you to do but be a good friend.

    The fact that a minor was removed from BOTH parents indicates there are likely significant issues within the family. There is more to the story that justifies the state intervention that you are either unaware of or choosing to not share.

    No matter- the situation is at a point that if mom wants her child back she will require legal counsel. Tell her to find an attorney to evaluate her situation and determine what can be done, if anything. Again, it might be best to just wait. Once he turns 18 he can live where he wants and mom can save thousands of dollars that are better spent feeding her own family rather than the attorney's.
     
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  9. cbg

    cbg Super Moderator

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    I understand that you are looking for the law you can invoke that will force CPS to release your friend into his mother's custody, or to emancipate him.

    Do you understand that no such law exists?
     
    hrforme likes this.
  10. leslie82

    leslie82 Well-Known Member

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    If he is 17 then he will be an adult in a year. Maybe less depending on when his birthday is and then he will be out of state care and will be an adult. Anything the mother does, I doubt she will get him back in her custody before he turns 18.

    As stated, there's clearly more than you know. They don't take kids away due to a parent's religion unless that religion has caused harm. They don't take kids from Satanists solely for being that religion.

    If the mom doesn't have a lawyer she should probably get one.
     

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