can CP's take my kids from home they were just visiting

S

scrappIE

New Member
Jurisdiction
California
On 4/16/16 my 2 daughters ages 7 and 9 stayed the night at their grandma's house on 4/17/16 my mom called the cops for kids misbehaving they felt it necessary to call child protective services and when they showed up for whatever reason I think because their remodeling house so they only have the 2 futons for now so they said no beds my sister and her 2 kids live there as well as my mom no one called me to notify me what was going on at the last minute my sister called me saying they were going to take my daughters I got there in 10 minutes Italked to the worker and told her my kids ddon't live there they live with me and their dad they were just visiting she said too late I already started the paper work my question is should they have released my kids to me because they didn't and now their all traumatized and my little one is starting to shut down my oldest one is angry and also we gave them my mother in laws name and at 5 pm she passed background check but had no bed for them so they said no instead they sent them with my aunt around 11 pm who also has them sleeping on the floor so all 4 kids they took are sleeping on her floor should they have let them go with my in laws but most important should they have released my kids to me since they have their own place to live and their own room and their own bed I told the worker she could go see my place of residents she said no
 
You will have to work with CPS to get your children back.
 
Please use proper grammar and sentence structure. It is very difficult to understand your post.

So during a sleepover at her house, your mother called the police and CPS on the various children in the home? Why? What did the police/CPS find when they arrived? I can promise you the children were not removed from the home because they had to sleep on futons at a sleepover, nor because the house was being remodeled unless it was unfit for habitation. If the children were thought to be in danger, no, another adult can't just take them and skip the investigation. CPS has an obligation to the children to ensure their safety. Sure it can be upsetting for kids but having their grandmother call the police on them and being in a situation where removal from the home was necessary is pretty darn upsetting too.
 
ElleMD said:
Please use proper grammar and sentence structure. It is very difficult to understand your post.

So during a sleepover at her house, your mother called the police and CPS on the various children in the home? Why? What did the police/CPS find when they arrived? I can promise you the children were not removed from the home because they had to sleep on futons at a sleepover, nor because the house was being remodeled unless it was unfit for habitation. If the children were thought to be in danger, no, another adult can't just take them and skip the investigation. CPS has an obligation to the children to ensure their safety. Sure it can be upsetting for kids but having their grandmother call the police on them and being in a situation where removal from the home was necessary is pretty darn upsetting too.
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The police said that due to various calls here at my moms house (remember me and my kids don't live in my moms house), that he was tired of the calls so he just called social services.When the worker arrived me and my husband were doing a side job she said that due to no beds in the room and the tile just got ripped out to install wood flooring so she said the concrete was exposed and because the rooms had furniture stacked up in them.So when I finally arrived she said well everybody here didn't give me a number to call you with and I already wrote it down on my papers so in other words I was to late. And when I mentioned they were just visiting that she could come to my place and see that they have everything they need she said I'm not taking the time to do that. So that's why I'm upset because she works for the county so if she would of type my name my case would of came up with my Obama phone number.
 
I have no idea what an "Obama phone number" is, as I am certain the President isn't sharing a phone with you. Again, WHY were the police called? This and all the other times such that the police would be tired of visiting your mother's home? You do realize that is not normal.

Visiting or not, your children were present for whatever it was caused the police to be there in the first place. It has nothing to do with writing down a name, even if that was the excuse you were given. What you have at your home doesn't matter. The investigation was because of something which happened at your mother's home.
 
ElleMD said:
I have no idea what an "Obama phone number" is, as I am certain the President isn't sharing a phone with you. Again, WHY were the police called? This and all the other times such that the police would be tired of visiting your mother's home? You do realize that is not normal.

Visiting or not, your children were present for whatever it was caused the police to be there in the first place. It has nothing to do with writing down a name, even if that was the excuse you were given. What you have at your home doesn't matter. The investigation was because of something which happened at your mother's home.
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Cops were called because. Kids threw food around and my mom is 82 so she thought they were just going to talk to them but that's not their job my mom should of called me I know its not normal I been telling her that
 
Well you are correct that the police are not employed to discipline your kids for throwing food. However, CPS does not care if children have decent table manners either. Removal from the home is a last resort, not a first step. The vast majority of the time, CPS concludes there is no cause and everyone goes about their day. Even if they find something worthy of investigating, they do it without taking the kids from the home. Taking children into custody is rare. Whatever it is that transpired, the long and short of it that CPS can take custody of any child present, whether that is their full time residence or not.
 
scrappIE said:
Cops were called because. Kids threw food around and my mom is 82 so she thought they were just going to talk to them but that's not their job my mom should of called me I know its not normal I been telling her that
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When your child is removed, you can also ask the social worker to set up frequent visits with your child. If it is appropriate to do so, you will be able see your child while you wait for your court date.

Attend the first court hearing. In most courts, this is called the detention hearing. If your child has been removed, this hearing must be held by the end of the day after the petition is filed. The social worker will tell you when and where the detention hearing is going to take place.

Keep in mind that even though your child is removed you still have the right to make educational decisions on behalf of your child. So, you should continue to participate in your child's education and decisions regarding his education. The court can limit your right to make educational decisions based on your failure to respond to and participate in school meetings. You also retain your right to make health care decisions for your child and you have the right to attend doctors appointments.

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You also need a lawyer.

This is how you obtain a court appointed attorney, IF you qualify for one.



If your child has been removed, the first hearing must happen the day after the petition was filed. If your child was not removed, the first hearing must be held no later than 15 days after the petition is filed.

At the first hearing a few different things will happen. First, if you cannot afford a lawyer, the judge will appoint one for you. The judge will also appoint a lawyer for the other parent of your child if he or she shows up for the first court hearing. Most counties will also appoint an attorney for your child.

Important: The attorney client relationship is a special one. First, your communications with your attorney are confidential, which means that the attorney cannot tell anyone else what you talk about unless you say it is okay. Your attorney talks to you about the law and how it applies to the facts of your case. And your attorney is your voice in court and presents your position to the judge. If there has been a break down in your relationship with your attorney and you do not feel like he or she is representing your interests, you can ask the judge to appoint a new attorney for you.

The social worker will be at the first hearing. He or she also has an attorney, often called the county counsel or agency attorney. Before the court hearing the social worker will provide all the attorneys and the judge with the petition and the written report that talks about the reasons the petition was filed. The petition has a list of things that are numbered, like A-1 or B-1. These are called allegations, and they summarize what the social worker thinks is going on with your and your children.

If your child has been removed, the first hearing is called the detention hearing and the judge will decide whether your child can go home right away. This is the first time the judge will be asked to make sure that your child is safe. If your child can't go home right away, the judge will make orders about when and where you can visit your child.

The judge may also ask you some questions about whether your child may be a member of a Native American tribe. The questions about connections to a tribe are important because of the Indian Child Welfare Act (ICWA). If you have Indian ancestry or think you are a member of a tribe, please click here for more information on ICWA.

The judge will ask you about the child's other parent, if that parent is not at the hearing. This means that the court will ask if there is a father or another person who qualifies as a parent to the child. The questions about the other parent are needed to find out who your child's legal parents are. Click for information on Rights of Fathers and Other Parents to find out more about parentage and paternity in juvenile court.

If your child has been removed you have the right to argue against the removal (detention) of your child. The hearing where you argue against your child being removed will take place a few days after the first hearing. It is called the jurisdiction.


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Now., this is very important.
Read it carefully.

By now, you have a lawyer.
Your children each have lawyers.
Your husband has a lawyer, too.
Your lawyers have counseled you.
Ask plenty of questions, make sure you understand.

The jurisdiction hearing is the hearing that comes after the initial hearing, if your children were not removed, or after the detention hearing if your kids were removed. At the jurisdiction hearing the judge will decide whether the allegations in the petition are true. If the judge decides the allegations are true, the court will take authority over your child. This is called jurisdiction in the law; that is why the hearing is called the jurisdiction hearing.

At the jurisdiction hearing:

If the judge decides that any of the allegations are true and your child isn't safe, then your child will become a dependent of the court - whether your child is living with you or not. That means your child is in the system. Being in the system does not necessarily mean that your child will live with someone else. It only means that the judge is allowed to make orders about your child's care.

If the judge decides that none of the allegations are true, then the case will be dismissed and you'll be finished with the system.

If your case is not dismissed, there is a disposition hearing after the jurisdiction hearing. Often the jurisdiction and disposition hearings are combined and handled at the same time.

Disposition is the part of the case where the judge will decide what you should do to make things better for your family and your child. This is called the reunification plan. It will include:

Decisions about where your child should live (this is called placement).

Should your child live with you or with someone else?

If your child does not live with you, whom should your child live with?

Decisions about when, where, and how you can visit with your child.

Decisions about what reunification services you need to make your child safe and able to live with you at home.

Decisions about what services your child needs to be safe and healthy.

If you disagree with the allegations in the petition, you have a right to a hearing to contest the allegations in the petition. That hearing will occur at a later date. If you do not dispute the allegations in the petition but you disagree with the reunification plan, you have a right to contest that.



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Watch this video, it will help you understand how the process works in CA:


This link explains in words what you must do, and how the process works:

Guide to Dependency Court – For Parents - child_abuse_famlaw_selfhelp

Okay, after you've taken these two steps and educated yourself about the process, return, let us know and we'll offer you more insights.

One last comment.

Once CPS gets involved, you can't just talk your children back into your life.
Think of this as a game, a very important game.
However, before you play any game, you must learn the rules.
That's where you are today.
You must learn the rules.
There are protections set up to safeguard your children's safety and to protect your rights.
From this point forward when dealing with CPS always be polite, be prompt at any meetings, and be professional.
Also document everything, write everything down, take good notes.
To take these great notes, buy a notebook that you'll ONLY use for this case.
Buy a folder or something where you can organize and document everything about this case.

Okay, off you go, we'll be checking back.


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How You Work with Child Protective Services

There are dozens of things you can and should do to protect your rights, the safety and well-being of children, and ultimately have your children returned home:

Don't fight with the police or agency officials. Cooperate with the investigation. Episodes of anger or physical violence won't help your cause
Let the authorities know immediately if you have a relative who can care for your child. Remember, the authorities will visit the relative, and conduct a background check, to make sure it's safe for your children
Write down everything you can remember about the incident leading up to the removal. Get the names of witnesses, if any. Unfortunately, spouses and relatives sometimes file false reports in effort to gain custody of a child. Protect yourself from false claims
Most of the time, you have the right to visit with your children. Don't miss any visitation time - it's important to your children, and it shows authorities you're a responsible and caring parent
If legal hearings are scheduled, hire a lawyer. If you can't afford one, tell the court and the child protection agency so a lawyer can be appointed for your case
Don't miss any court hearings. Again, this will show you're responsible and caring and want your children with you
You may receive a set of conditions or rules to follow in order to keep their children, such as substance abuse counseling or parenting classes. Follow the rules to the letter

It's certainly not an ideal situation, but remember, removing children from their home is for their safety. Understanding that, and knowing how to protect your rights, can help keep you and your children together.

Working with Child Services to Get Your Child Back - Lawyers.com
 
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ElleMD said:
I have no idea what an "Obama phone number" is, as I am certain the President isn't sharing a phone with you. <snip, snap, snup>
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An 'Obama Phone' is a cell phone paid for by the taxpayers, under a program started by GWBush.
 

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