Can a Governmental Agency take a Child away from a Parent on assumption without any proof?

[SunKm51]

Jurisdiction

Indiana

What can a parent do when DCS/CPS takes your son & they don't tell you why? Then slanders their name & character which has created a lot of damage for that person & others involved.
What rights does that parent have, who has been there with their son since birth and was taken under hear say from resources you know, that were out to hurt the other parent & gave false statements that weren't true?
Then after going to the Circuit court & the Superior Court, shows proof of innocence & they sign an Attorney to represent you then closes the case before the fact finding hearing.
Parents' son is still not with you because another County Judge that went by that case that was open at the time?
You have sole custody because the father signed off for joint custody at birth & now because of the false statements, has to be supervised by that same parent who abused them.
Lost All Custody & Rights.
Now is punishing their son for wanting to be with the mother.

=====================================

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Please be careful when posting confidential information on this site.

Of of your friendly site "mods"

 

[army judge]

Let's start with this:


Indiana State Law And Parental Rights Are At Risk

Indiana does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

Indiana Code Ann. § 31-14-13-2 lays out the best interests of the child factors considered in custodial determination.
Indiana Code 31-14-13-4, regarding the authority of the custodial parent, says: Except as otherwise provided in an order by a court, the custodial parent may determine the child's upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this authority.
Indiana Code 31-17-5 contains the Grandparent visitation statute. A grandparent may seek visitation only if (1) the child's parent is deceased; (2) the child's parents are divorced; or (3) the child was born out of wedlock, but only if the child's father has established paternity. And the trial court may grant visitation if it determines that "visitation rights are in the best interests of the child."
Indiana Code § 20-33-7-2 entitles both parents to direct access to their child's school records.
Indiana Code §§ 16-39-1-7 and 16-39-2-9 entitles both parents to direct access to their child's medical records and mental health records.

In 2014, proposed Senate Bill 100 (SB 100) would have mandated the recognition of fundamental parental rights in Indiana. The bill also called for "strict scrutiny" protection in any court case where parental rights are implicated. However, the bill was not passed.

IN - Parental Rights in Indiana - Parental Rights

=======================================

What can a parent do when DCS/CPS takes your son & they don't tell you why?

Hmmmmm...

If the state serves you a CHINS notice or removes your child from your home, you have rights. Each of these rights are statutory. DCS must inform you of them in writing when they file a petition or remove your child.

The right to have a detention hearing held by a court within 48 hours after the child's removal from the home, and the right to request the return of the child at such hearing.
Right to be represented by an attorney at each court proceeding on the CHINS petition.
The right to cross-examine witnesses at each court proceeding on the CHINS petition. The right to present evidence on your own behalf at each court proceeding on the CHINS petition.
Right not to make incriminating statements. This is important because any incriminating statement made by you can be used at any court proceeding on the CHINS petition.
The right to request to have the case reviewed by the child protection team under Ind. Code 31-33-3-6.

The right to be advised that a petition to terminate the part-child relationship must be filed whenever a child has been removed from the child's parent and has been under the supervision of DCS for at least fifteen (15) of the last twenty-two (22) months.
DCS must inform you of these rights when they remove the child from the home or when they file the petition alleging CHINS with the court, whichever happened earlier.

It is important to be aware of these rights and to have an advocate on your side who knows how to navigate the sometimes confusing CHINS process.

CHILD IN NEED OF SERVICES (CHINS): WHAT IS IT AND WHAT ARE PARENTS RIGHTS?
Published in Family Law on October 1, 2015.

Every parent has the right to raise their child in a way that they see fit. The United States Constitution grants this protection.

The 14th Amendment specifically guarantees this right. However, the government still has the right to intervene if someone brings allegations of abuse or neglect.

If you have been contacted by Child Protected Services (CPS) or are already involved with a "Child In Need Of Services" (CHINS) action brought by the Department of Child Services (DCS), it is important to be aware of what your rights are and to have an experienced CHINS Indianapolis attorney by your side through the entire process.


What is CHINS? | Dealing with DCS in Indiana | Indiana Family Law Attorney | Eskew Law


You NEED to speak with an Indiana family law attorney ASAP.

I suggest you make contact with three or four in your county to schedule a FREE consultation.

Take all of your paperwork and documents received when you visit with the attorney.

 

[SunKm51]

What can a parent do when DCS/CPS takes your son & they don't tell you why? Then slanders their name & character which has created a lot of damage for that person & others involved.
What rights does that parent have, who has been there with their son since birth and was taken under hear say from resources you know, that were out to hurt the other parent & gave false statements that weren't true?
Then after going to the Circuit court & the Superior Court, shows proof of innocence & they sign an Attorney to represent you then closes the case before the fact finding hearing.
Parents' son is still not with you because another County Judge that went by that case that was open at the time?
You have sole custody because the father signed off for joint custody at birth & now because of the false statements, has to be supervised by that same parent who abused them.
Lost All Custody & Rights.
Now is punishing their son for wanting to be with the mother.

=====================================

Attachments were deleted to PROTECT your privacy.
Please be careful when posting confidential information on this site.

Of of your friendly site "mods"

Okay I will. Thank you for letting me know.

 

[Zigner]

You need an attorney.

 

[SunKm51]

You need an attorney.

Im on Disability & work part time as an Independent DD Driver.
I bought my son over $260.00 worth of warm clothes, not including food, school pictures, ect.
It is why I can't afford an Attorney.
I bought him a phone as well, so I could talk to him & hear his voice to make sure hes ok.
My son is scared of him & is very controlling. If he text me he gets in trouble so my son is afraid to text me at times & was told he couldn't call me on it.
My ex made plans on my visitation last Sunday which was a few days ago, so I didn't get to see him. I'm supposed to see him tomorrow, but no answer.
I feel like I have no rights as his Mother.
The retainer fee for an Attorney is high & at the moment I can't afford it. I spent most of my money on my son.
I wasn't assigned an Attorney for the Chins case until right before they dismissed it. I had 2 hearings. The 1st one to introduce ourselves to the judge & the 2nd was to see if we needed counsel. That was it. No judge has seen my evidence. It all happened so quick & my son was gone.
I was discriminated for having ADHD. The only thing my casemanager said when I asked her why she's taking my son, she said because your like this.

The 65 yr old woman who we were renting a room temporary, had her 30 yr old son take our family pets and dumped them somewhere. They did it while we were gone. Me & my son were devastated. When we were out looking for them, I got a call to go back to that house & DCS was there.
The woman let them in, gave false statements about me & gave a different last name.
She was upset because I didn't want to pay 575.00 to get the electic on that was in her name. She wanted me to pay it before I saw the place. When me & my son did, it had cat feces and mold in the enclosed front porch, a broken down truck next to the tree, junk & trash around the place. Theres was no way I could put my family in that.
So while we were gone she wrote a eviction notice & put it on my door, & was still trying to get me to rent that 3 bedroom home that wasn't suitable for living.
We didn't know she evicted us until the day she had her sons dump our animals, which was the same day DCS took my son.
I talked to the officer the other day again to see if they heard anything about our pets yet & she said no & said I need to go to the court & file a civil lawsuit against them.
Her son pushed my 69 yr old mother which made her fall, & cussed at her while they were taking our Dog Max (had him since 2008) & our declawed cat chubbys (who we had for 5 yrs)out of the room she was in. She was devastated & In shock they took them.
They were spotted in the area where she lived on September 25th & after that no more spottings.
The officer said they might of killed them, given them away or they passed when it got cold.

My son has said since April 30th 2021 that he wants to live with me, he even told his dad on many occasions, but his dad told him youll get over it, but my son hasn't.
He asked me before I left my exs house August 11th 2021 & said " if we leave secretly he can't do this can he mom" in a scared tone. I have audio of it.
Now my son is sad, miserable & is being bullied, scared to talk to anyone about what's going on there because he knows he has to go back, & is afraid what his dad might do.
His Grades are falling & he's been late a lot at school. He has to get up at 5am on school days to go to his babysitter & isn't allowed to go back to sleep.
We were having visits at where im staying, up until recently when he told his dad I want to be with mom, which hes been telling him that all along.
My ex got mad on February 13th & texted me, the same time my son was texting me, & said from now on starting Wednesday we go back to the regular visits at McDonald's.
I was court ordered to get the OFW app which I downloaded, but it cost 144.00, my ex said he paid 99. The Judge said we were equally supposed to divide the expense as the same. So I don't understand why he paid 99 and it showed I had to pay 144.00.
So he texted me on our regular phones since I didn't have the funds to sign up & we've been texting communicating this whole time up until the 13th, then out of the blue after my son told him that, he said from now on we go through the OFW app, after I had just bought my son a phone, a new jacket last week that was warmer than the one he had, & had to pay to get brakes on that were bad, plus the oil change with filter which was 60.00.
My ex knows I dont have the money right now to get the app, but I'm trying. He also knows that I pick up & deliver from the McDonald's he's making us go back to.(at the time I wasn't working) Now it's uncomfortable & my son don't want to do visits there.
The Judge gave other places we could go when its warmer, but he picked that one & knows I pick up from.
He's humiliated me in the past & he's doing it now.
It's obvious that im there to see my son because I bring a game or something to do.
We were happy when we had our visits at where im staying, & my ex, his dad agreed to let the person supervise us. She's was a Chaplain for 10 yrs at the hospital here, until she had to retire last year because of her legs.
February 6th we celebrated his Grandmas birthday, then later was outside making snowballs & made what looks like a dog in the snow. When his dad showed up he didn't want to leave.
Then after my son left & went home he text me & said "dad just yelled at me big for not wanting to gi to the lake. Plz get me back Plz " "HELP PLEASE" His exact words.
We were taken out of a family environment where it was warmer, had food to eat that I bought him, fun things to do, to an environment that my son nor I feel comfortable in, which shortened our time even more because he had to leave earlier for personal reasons he didn't want to do at McDonald's, which I understood why. Were being punished & now my son doesn't get to see his Grandma as well.
I sent the messages from my son & I to one of his teachers Saturday, because I'm very worried about him.
My ex has already broken the court order as well. I was supposed to get a call a day or video, but he didn't answer his phone on many occasions. Never missed a holiday with him, didn't get to say Happy New Year & give him a hug. Found out later he spent New Years at his friends house.
I've tried to call my son on the phone his dad bought him, but then when he couldn't find his phone one day at one of our visit, he asked me to call it & it didnt ring. We ended up finding it behind my pillow & it showed my number blocked. That's also why my son wasn't responding to my texts.
That was one of the things on the court order that he wasn't supposed to do.
I don't blame the judge for what he did because he was going by the DCS case that was opened at the time. It was a paternity hearing, but in the other county my ex told the judge it was a custody hearing. I didn't have a lawyer to represent me there either.
My ex used both courts against me.
I was sick with pneumonia, pleurisy with effusion, & pulled a muscle from coughing so much, that I wasn't well or able to find a lawyer I could afford & ran out of time. I asked for continuance, but my ex & his attorney denied it, so on Nov 17th 2021 I had to go to the Paternity hearing without a lawyer, & still wasn't feeling well.
On Nov 23rd 2021 I received papers in the mail & my ex got Primary & Legal Physical Custody of my son. I don't understand how he came to that conclusion? I haven't seen the transcripts, so I don't know what part of the DCS case the Judge went by, that was opened at that time in another county, but then was dismissed after the Judge made his decision which was made off that case.
DCS dismissed the Fact Finding Hearing case (which they had made for Dec 14th 2021) on the 1st week of Dec 2021, without me having a chance to be heard or show proof of evidence.
I was given an Attorney to represent me after showing the court my documents, but then got a call & told me there will be no court Tuesday the 14th, because your case has been closed.
I've had sole custody of my son since birth, until then.
I feel like I don't have any rights.
It took me 21 yrs after I had my oldest son who's 31 now, to have another child because they said I couldn't have anymore kids & then God blessed me with another son.
I never thought one day my 10 yr old after raising him since birth, that I would lose him on false allegations & hear say, with no Evidence of proof. No legal documents for why they took him.
I Didn't find out til my sons birthday Nov 9th. They took him Sept 18th 2021.
They came up with many different reasons why they took him, but they put down 3 & what they put down on why, wasn't what the Judge used in the Paternity hearing & thats also what the Judge went by to make his decision.
I have evidence to back up the claims DCS tried to use against me, which shows I was telling the truth all along, but can't afford an Attorney to represent me at this time.
I haven't been able to work much lately because of what happened last week. My heart is broken & I miss my son. He's my World❤ My visits have stopped & he's not letting my son call or text me.

At least we had fun in the snow together.

 

[Zigner]

Im on Disability & work part time as an Independent DD Driver.
I bought my son over $260.00 worth of warm clothes, not including food, school pictures, ect.
It is why I can't afford an Attorney.
I bought him a phone as well, so I could talk to him & hear his voice to make sure hes ok.
My son is scared of him & is very controlling. If he text me he gets in trouble so my son is afraid to text me at times & was told he couldn't call me on it.
My ex made plans on my visitation last Sunday which was a few days ago, so I didn't get to see him. I'm supposed to see him tomorrow, but no answer.
I feel like I have no rights as his Mother.
The retainer fee for an Attorney is high & at the moment I can't afford it. I spent most of my money on my son.
I wasn't assigned an Attorney for the Chins case until right before they dismissed it. I had 2 hearings. The 1st one to introduce ourselves to the judge & the 2nd was to see if we needed counsel. That was it. No judge has seen my evidence. It all happened so quick & my son was gone.
I was discriminated for having ADHD. The only thing my casemanager said when I asked her why she's taking my son, she said because your like this.

The 65 yr old woman who we were renting a room temporary, had her 30 yr old son take our family pets and dumped them somewhere. They did it while we were gone. Me & my son were devastated. When we were out looking for them, I got a call to go back to that house & DCS was there.
The woman let them in, gave false statements about me & gave a different last name.
She was upset because I didn't want to pay 575.00 to get the electic on that was in her name. She wanted me to pay it before I saw the place. When me & my son did, it had cat feces and mold in the enclosed front porch, a broken down truck next to the tree, junk & trash around the place. Theres was no way I could put my family in that.
So while we were gone she wrote a eviction notice & put it on my door, & was still trying to get me to rent that 3 bedroom home that wasn't suitable for living.
We didn't know she evicted us until the day she had her sons dump our animals, which was the same day DCS took my son.
I talked to the officer the other day again to see if they heard anything about our pets yet & she said no & said I need to go to the court & file a civil lawsuit against them.
Her son pushed my 69 yr old mother which made her fall, & cussed at her while they were taking our Dog Max (had him since 2008) & our declawed cat chubbys (who we had for 5 yrs)out of the room she was in. She was devastated & In shock they took them.
They were spotted in the area where she lived on September 25th & after that no more spottings.
The officer said they might of killed them, given them away or they passed when it got cold.

My son has said since April 30th 2021 that he wants to live with me, he even told his dad on many occasions, but his dad told him youll get over it, but my son hasn't.
He asked me before I left my exs house August 11th 2021 & said " if we leave secretly he can't do this can he mom" in a scared tone. I have audio of it.
Now my son is sad, miserable & is being bullied, scared to talk to anyone about what's going on there because he knows he has to go back, & is afraid what his dad might do.
His Grades are falling & he's been late a lot at school. He has to get up at 5am on school days to go to his babysitter & isn't allowed to go back to sleep.
We were having visits at where im staying, up until recently when he told his dad I want to be with mom, which hes been telling him that all along.
My ex got mad on February 13th & texted me, the same time my son was texting me, & said from now on starting Wednesday we go back to the regular visits at McDonald's.
I was court ordered to get the OFW app which I downloaded, but it cost 144.00, my ex said he paid 99. The Judge said we were equally supposed to divide the expense as the same. So I don't understand why he paid 99 and it showed I had to pay 144.00.
So he texted me on our regular phones since I didn't have the funds to sign up & we've been texting communicating this whole time up until the 13th, then out of the blue after my son told him that, he said from now on we go through the OFW app, after I had just bought my son a phone, a new jacket last week that was warmer than the one he had, & had to pay to get brakes on that were bad, plus the oil change with filter which was 60.00.
My ex knows I dont have the money right now to get the app, but I'm trying. He also knows that I pick up & deliver from the McDonald's he's making us go back to.(at the time I wasn't working) Now it's uncomfortable & my son don't want to do visits there.
The Judge gave other places we could go when its warmer, but he picked that one & knows I pick up from.
He's humiliated me in the past & he's doing it now.
It's obvious that im there to see my son because I bring a game or something to do.
We were happy when we had our visits at where im staying, & my ex, his dad agreed to let the person supervise us. She's was a Chaplain for 10 yrs at the hospital here, until she had to retire last year because of her legs.
February 6th we celebrated his Grandmas birthday, then later was outside making snowballs & made what looks like a dog in the snow. When his dad showed up he didn't want to leave.
Then after my son left & went home he text me & said "dad just yelled at me big for not wanting to gi to the lake. Plz get me back Plz " "HELP PLEASE" His exact words.
We were taken out of a family environment where it was warmer, had food to eat that I bought him, fun things to do, to an environment that my son nor I feel comfortable in, which shortened our time even more because he had to leave earlier for personal reasons he didn't want to do at McDonald's, which I understood why. Were being punished & now my son doesn't get to see his Grandma as well.
I sent the messages from my son & I to one of his teachers Saturday, because I'm very worried about him.
My ex has already broken the court order as well. I was supposed to get a call a day or video, but he didn't answer his phone on many occasions. Never missed a holiday with him, didn't get to say Happy New Year & give him a hug. Found out later he spent New Years at his friends house.
I've tried to call my son on the phone his dad bought him, but then when he couldn't find his phone one day at one of our visit, he asked me to call it & it didnt ring. We ended up finding it behind my pillow & it showed my number blocked. That's also why my son wasn't responding to my texts.
That was one of the things on the court order that he wasn't supposed to do.
I don't blame the judge for what he did because he was going by the DCS case that was opened at the time. It was a paternity hearing, but in the other county my ex told the judge it was a custody hearing. I didn't have a lawyer to represent me there either.
My ex used both courts against me.
I was sick with pneumonia, pleurisy with effusion, & pulled a muscle from coughing so much, that I wasn't well or able to find a lawyer I could afford & ran out of time. I asked for continuance, but my ex & his attorney denied it, so on Nov 17th 2021 I had to go to the Paternity hearing without a lawyer, & still wasn't feeling well.
On Nov 23rd 2021 I received papers in the mail & my ex got Primary & Legal Physical Custody of my son. I don't understand how he came to that conclusion? I haven't seen the transcripts, so I don't know what part of the DCS case the Judge went by, that was opened at that time in another county, but then was dismissed after the Judge made his decision which was made off that case.
DCS dismissed the Fact Finding Hearing case (which they had made for Dec 14th 2021) on the 1st week of Dec 2021, without me having a chance to be heard or show proof of evidence.
I was given an Attorney to represent me after showing the court my documents, but then got a call & told me there will be no court Tuesday the 14th, because your case has been closed.
I've had sole custody of my son since birth, until then.
I feel like I don't have any rights.
It took me 21 yrs after I had my oldest son who's 31 now, to have another child because they said I couldn't have anymore kids & then God blessed me with another son.
I never thought one day my 10 yr old after raising him since birth, that I would lose him on false allegations & hear say, with no Evidence of proof. No legal documents for why they took him.
I Didn't find out til my sons birthday Nov 9th. They took him Sept 18th 2021.
They came up with many different reasons why they took him, but they put down 3 & what they put down on why, wasn't what the Judge used in the Paternity hearing & thats also what the Judge went by to make his decision.
I have evidence to back up the claims DCS tried to use against me, which shows I was telling the truth all along, but can't afford an Attorney to represent me at this time.
I haven't been able to work much lately because of what happened last week. My heart is broken & I miss my son. He's my World❤ My visits have stopped & he's not letting my son call or text me. At least we had fun in the snow together.View attachment 3628 View attachment 3629 View attachment 3630

You wrote a novella...but you still need an attorney.

 

[SunKm51]

How can I edit the above content I wrote or delete?

 

[SunKm51]

How can I edit or delete the novella I wrote?

 

[leslie82]

What can a parent do when DCS/CPS takes your son & they don't tell you why? Then slanders their name & character which has created a lot of damage for that person & others involved.
What rights does that parent have, who has been there with their son since birth and was taken under hear say from resources you know, that were out to hurt the other parent & gave false statements that weren't true?
Then after going to the Circuit court & the Superior Court, shows proof of innocence & they sign an Attorney to represent you then closes the case before the fact finding hearing.
Parents' son is still not with you because another County Judge that went by that case that was open at the time?
You have sole custody because the father signed off for joint custody at birth & now because of the false statements, has to be supervised by that same parent who abused them.
Lost All Custody & Rights.
Now is punishing their son for wanting to be with the mother.

=====================================

Attachments were deleted to PROTECT your privacy.
Please be careful when posting confidential information on this site.

Of of your friendly site "mods"

Well obviously they did take your kid so can they? Yes they did as it happened. I know CPS can be corrupt but they had to have told you something about why the child was removed. Do you not have a caseworker assigned that you can talk to?

I'm really confused honestly. Who are you in this? The mother? You had sole custody and now you have none? Who assigned you an attorney? The court?

I'd definitely go find my own attorney to help figure out what is going on if someone kidnapped my child - CPS or not.