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Child protective services

Discussion in 'Other Family Law Matters' started by Lisamamma18, Aug 9, 2019.

  1. Lisamamma18

    Lisamamma18 Law Topic Starter New Member

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    Jurisdiction:
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    8/7/19 CPS in my county called at around 10 am asking which my home was. To explain, I live with my adult daughter and granddaughter who is 10. I told her we were just leaving as my daughter had a job interview distance away and asked her to return later that day. She refused and said she had to come immediately. And must see the home and children. She said she would quickly walk through and return later for the interview. I stated again this was a bad time and we had to drive 3 hours away. She said we could not leave. And pushed her way in. We had had a roof leak so had flooded in primarily our kitchen. Had industrial dehumidifiers and fans set up in a few locations. They were however removed the following morning. The house was a bit of a wreck in truth.we had no use of the sink but this was isolated as we explained.
    She went into my spare room which housed foster kittens and complained about litter smell.
    I assured her I'd remove them.
    She asked to see any and all of our medications and what they were for and when i felt that was against my rights whe stated we'd be non compliant. So we acquiesced. She then did the same with the drug test which we both passed. My daughter who is in law enforcement was upset and humiliated. She allowed us to go as if to leave and then once in the car told us not to or an amber alert would be issued. We asked what the problem was and she said my daughter was on bi polar meds so she could not have custidy and if we did not call someone they would remove her to foster care. They had no warrant or court order. I was appalled. My sister.. the great aunt came from an hour and half away. We were detained from 10 am to 3 pm. She was given temp guardianship until 8/9/19. The reason give was environmental hazard.
    The worker made an an appointment 8/8/19 at 2 pm and then it we tried her and finally heard after 4pm she said we were not getting inspected. I spoke to her supervisor who allowed 2 sentences and then hung up on me after stating my daughter needed a phsyc eval. I asked if my daughter could go to my sisters so my granddaughter could attend school which begins on monday 8/12/19. We remade an appointment for friday 8/9/19
    Asked for early but they insisted on 6: 30. At 6 she called saying she was at an emergency and would be an hour or so late. As I sit here it is 9:40 pm on friday.
    My sister was told not to register her in the other county for school. Our home spic and span spotless we even cleaned out our closets which she went in.
    Please note I told her she could not come in and she sis so anyway. She detained us and removed my granddaughter fro. Not just my daughter but myself.
    Based on environmental hazard, but now stating only verbally due to bipolar. She has been stable on same medication for almost 9 years. She signed the dr release they asked for allowing reports.
    Feel like this is insane
    What do we do now
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I'm surprised that your daughter (who is in law enforcement) didn't know that CPS has no power without a court order or warrant and somebody who "pushes" their way into your home can be forcibly removed.

    Well, it's too late to unring the "you blew it" bell so your daughter needs a lawyer ASAP otherwise CPS will steamroll her.
     
    Zigner and justblue like this.
  3. justblue

    justblue Well-Known Member

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    I agree with AdjusterJack....Hire an attorney. Contact your state Bar Association for a referral to an attorney with LOTS of experience dealing with CPS.
     
  4. mightymoose

    mightymoose Moderator

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    Tough cookies. She isn't the boss of you. She can wait on your porch until you return if she wants.

    Did she say please?
    You do have the right to say no.

    Many people would have pushed her right back out. I hope you have found the right place to make a formal complaint about this.

    No need. Take care of your kitties.

    Once again the best response would have been "no". You would have been just fine to assert your right to privacy and tell her to get lost.

    She should have known better than to allow this to happen.

    This is so incredibly ridiculous I really do hope you make a formal complaint, in writing, about all that has happened. You might even contact a civil attorney and ask for assistance dealing with CPS.

    Which is why you have the right to say no. Your cooperation is voluntary.

    Not exactly. CPS doesn't have authority to detain you. This was a failure to assert your rights. You could/should have refused to engage in this nonsense and gone about your business. If this person said/did things that made you believe you were not free to go there could be significant issues that need to be addressed.

    Because of kitty litter? Nothing you have described here would justify removing the child. I bet that whatever action was taken will be reflected as voluntary. You were manipulated big time.

    That has now passed. If nothing else has been issued to you in writing then bring the kid home and don't fall for this garbage again.

    Stop initiating contact.
    When they are ready they will attempt to contact you. I suggest you not answer the phone. If they come to the door you are not obligated to open it or acknowledge their presence. If they bring police politely ask the officer if you are being detained against your will and if there is a warrant to enter and search your home. Speak only to the officer. If you are not detained and there is no warrant to enter your home or court order to remove the child, then you are within your rights to walk away. They can find someone else to bother.

    Please to seek legal assistance. This should not happen.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Install a security door. That way you can open one door and the security door stays shut and locked so nobody can "push" their way in and you can slam the main door in her face.

    If you rent, you'll need the written consent of your landlord to do it and you'll have to pay for it. They are not expensive and are easy to install.
     

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