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can cps take my newborn if i have an open cps case involving other kid

Discussion in 'Juvenile Crime, Law & Court' started by dadwithquestion, Jul 1, 2015.

  1. dadwithquestion

    dadwithquestion Law Topic Starter New Member

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    I had a cps case opened on me and my wife because of verbal abuse and spanking (by me). I have 3 kids involved in the case currently. My wife amd i are expecting a newborn in a few months. Can cps take our newborn just because we have an open case? We dont do drugs (or drink alcohol..tests for months verify) and have completed parenting classes, plus we are almost done with all the other classes requested in our case plan. We have been going round and round with cps for the last 4 months. Our kids are with my mother in law but are worried about our newborn...help!!!
     
  2. CdwJava

    CdwJava Moderator

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    CAN they take the newborn? Only under the right conditions and circumstances, and with a court order or exigent circumstances. It is very unlikely that this will happen, however.

    Oh, and CPS will not remove three children because you yelled at them and spanked them. It has to be a LOT more than a simple swat on the butt and yelling. So, if the real reasons the children were taken could also place this newborn at risk, then it might be more likely that the newborn could be seized for its safety early on.
     
  3. dadwithquestion

    dadwithquestion Law Topic Starter New Member

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    Thank you for your response i sincerely appreciate it. My case was opened because i was growing medical marijuana and also was extracting cannabis oil on my property so that constituted that cps was under the impression that my children were at risk. I have a large property and this was not done in my home but nontheless agree it wasnt the smartest decision on my behalf and i stopped immediately. Upon cps taking my 3 kids the case was somehow morphed into my kids claiming i yelled alot and spanked my son occasionally when deemed appropriate so cps has told me that my kids sere taken because of my diciplinary tactics and anger? Since dealing with cps we have never gotten straight answers and it seems as though they want my wife to leave me and go to a womens shelter for abused women in order for her to get kids back and also keep the baby when he is born..i have never laid a hand on my wife ever and everyone including my kids have indicated just that.. i also have not used medical marijuana in over4 months now and have been actively testing clean with my drug counciling facilitator as well...i am a medical marijuana patient and also have a county card issued by the state as well..not justifying my wrong doing just stating this.
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    CPS may be acting to the extreme but their goal is the safety and well being of the children. CPS clearly feels there is more to this than you do and since we do not have access to the same info its hard for us to say. You might consult an Attorney or talk to the workers Supervisor over this. Here is also some tips in dealing with CPS http://www.parentnook.com/dealing-with-childrens-services/
     
  5. CdwJava

    CdwJava Moderator

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    Yeah ... that would do it, alright!

    That's good.

    It sounds as if they developed additional information that led them to believe there were other dangers in the home and wanted to see that these were addressed before they returned the children.

    That MAY be their impression. IS she abused? IS she subject to controlling behavior by you? You may not think so, but from the outside lookin gin, maybe it appears that way.

    Domestic violence as described in the Family Code can pertain to actions besides physical violence. Mental cruelty can also be an element of DV in that regard.

    That's great! Can you stay clean? Have you been substituting with some other substance? I have found that many users (particularly of harder drugs) will tend to substitute alcohol for their illicit drug of choice when forced to quit.

    That only means that the state recognizes you meet the legal requirements to use medical marijuana, it doesn't mean that you are not gaming the system just to get high or to make a little cash on the side. And engaging in such activity can endanger the children, so if you continue it later on you might want to smoke AWAY from the kids, and keep any and all elements of the manufacturing process away from anywhere the kids have access to.

    Do you have some other job? Or was MMJ your source of income somehow?
     
  6. dadwithquestion

    dadwithquestion Law Topic Starter New Member

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    I agree with you 100%. I have not used mmj and do not plan to in the future. I do have a career and work hard for my family.Marijuana was never a source of income it was for my shingles and a method of coping which i have since learned beneficial methods of working thru my issues via anger management and counciling.
    Yes i can stay clean i was never addicted i just used for pain management and for stress. Lately i have been running and working out for stress management and the pain management hasnt really been an issue at all.
    My aggresive behavior is something i take seriously and have been attending anger management and counciling to decompress the anguish that i hold with me stemming from my childhood. I was raised by a single mother and held a great deal of resentment towards my father for those traumatic years in my life. Slowly but surely i am working my way thru my real issues. Im not perfect but i can say without a doubt i needed the personal help. I just dont see how stripping my family from me helps me.
     
  7. CdwJava

    CdwJava Moderator

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    From what you are admitting to, it sounds as if CPS had some legitimate concerns. But, based upon your own admission, you recognize that you need to make some changes and are attempting to do so. This is always the first step.

    Family reunification is always the goal. Provided you jump through the hoops laid out before you, this situation may well be short-lived and life may be able to return to normal.
     

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