Can I get all records from attorney?

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OHGrandma

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If I fire the attorney we hired to get our grandson out of foster care, am I entitled to get all records she has for our case? Her strategy has been, "do what they want, before they ask, and they'll return him". That has led to CPS ignoring and losing documentation we provided; refusing the results of our psych eval, claiming it was a parenting eval; they have GS on psych drugs and he never saw a psychiatrist outside of his hospitalizations until 9 months after they took him and that was only because they finally listened to me. GS never even went to a doctor for med checks for 5 months after they placed him with a distant relative of his mothers, someone he never knew.
I've been denied my rights to medical & educational records. I was not allowed to talk to the doctor that did his psych eval, his foster/kinship mother did even though she had only known him 2 weeks at that time. I've been denied the right to talk to his counselor. When our lawyer filed to get a report from her we found out GS had not been seeing her weekly as we had been told. Her notes indicate she was not informed GS's caseplan was to return him home with us.
The caseplan said one of CPS's "services" was to provide family counseling. They cancelled the sessions I had scheduled with a psychologist, I'd done that before they took him. We finally have 2 scheduled for this month, 14 months after they took him. They've agreed to get him to one, but won't commit to getting him to the 2nd one.

So now we have a court date coming up in January, CPS has filed to keep him 6 more months, ending April 23. The current placement has alienated GS from everyone he knew and loved up until this placement. That includes both parents, 4 half-siblings, us, aunts, uncles, & cousins. Current placement has admitted they "do what CPS tells them to". Caseworker admits "she is too busy to follow up on his medical treatment". Doctors are not able to talk to anyone who knew GS a year ago to see that he is NOT the same kid he was then.

The final straw with our lawyer is, she wants to withdraw our motions to have CPS provide all records, and to enforce their caseplan. She thinks the new caseworker will do what the caseplan says. I have no reason to believe that. The annual report she filed with the court is filled with twisted half-truths and outright false information. The report from the court states he's in the custody of maternal grandparents and a great-grandmother also lives there, and he has frequent contact with his mother. The truth is, he's in the custody of maternal aunt & uncle, and his maternal grandmother has moved in, out, and back in the house.
 
If I fire the attorney we hired to get our grandson out of foster care, am I entitled to get all records she has for our case? Her strategy has been, "do what they want, before they ask, and they'll return him". That has led to CPS ignoring and losing documentation we provided; refusing the results of our psych eval, claiming it was a parenting eval; they have GS on psych drugs and he never saw a psychiatrist outside of his hospitalizations until 9 months after they took him and that was only because they finally listened to me. GS never even went to a doctor for med checks for 5 months after they placed him with a distant relative of his mothers, someone he never knew.
I've been denied my rights to medical & educational records. I was not allowed to talk to the doctor that did his psych eval, his foster/kinship mother did even though she had only known him 2 weeks at that time. I've been denied the right to talk to his counselor. When our lawyer filed to get a report from her we found out GS had not been seeing her weekly as we had been told. Her notes indicate she was not informed GS's caseplan was to return him home with us.
The caseplan said one of CPS's "services" was to provide family counseling. They cancelled the sessions I had scheduled with a psychologist, I'd done that before they took him. We finally have 2 scheduled for this month, 14 months after they took him. They've agreed to get him to one, but won't commit to getting him to the 2nd one.

So now we have a court date coming up in January, CPS has filed to keep him 6 more months, ending April 23. The current placement has alienated GS from everyone he knew and loved up until this placement. That includes both parents, 4 half-siblings, us, aunts, uncles, & cousins. Current placement has admitted they "do what CPS tells them to". Caseworker admits "she is too busy to follow up on his medical treatment". Doctors are not able to talk to anyone who knew GS a year ago to see that he is NOT the same kid he was then.

The final straw with our lawyer is, she wants to withdraw our motions to have CPS provide all records, and to enforce their caseplan. She thinks the new caseworker will do what the caseplan says. I have no reason to believe that. The annual report she filed with the court is filled with twisted half-truths and outright false information. The report from the court states he's in the custody of maternal grandparents and a great-grandmother also lives there, and he has frequent contact with his mother. The truth is, he's in the custody of maternal aunt & uncle, and his maternal grandmother has moved in, out, and back in the house.

It should always be what is best for the child, never what is best for you.
It should be about the child's rights and protections, not yours.

That said, you can ask the attorney for the documents.
She may refuse.
If she does, guess what?
You get to sue her and argue why the documents need be returned to you.
Be advised, most attorneys will argue those documents are work product, and you (the former client) should not be privy to them.
Some will give them to you with much of the material redacted.
You might want to hold off making a stink about that until after the court battle fro your grandchild has ended.

It would seem that April or May (perhaps even June) makes sense, as that is normally the end of the school year.
I suggest you stipulate to that (let him stay put until school ends), because no one can say snatching the kid up in the middle of the school year (or near the end of the year) benefits the child in anyway.

That way, you can negotiate for more visiting time, say at Easter, or other holidays or breaks.
Be smart, you have to go slow when dealing with any government bureaucracy.
Your former lawyer was quite correct.
 
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