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CPS...can I press charges?

Discussion in 'Other Family Law Matters' started by Maddie, Dec 11, 2018.

  1. Maddie

    Maddie Law Topic Starter New Member

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    This post is VERY long. I apologize but it has important details

    My twin daughters were born in May. May 5th. After my daughters were born via C-section, while they were in the NICU because they came 10 weeks early, my fiance and I started to be investigated by CPS. We were investigated in Oklahoma about 4 or 5 times due to someone calling anonymously for abuse and neglect accusations. We do not know who called, and by law CPS could not disclose who called. We complied with CPS and did whatever they wanted us to do. Eventually the cases got closed and they did not bother us again.

    My fiance hopped from job to job. We were barely making ends meet. When it came time for our daughters to come home, I had to be a stay at home mom. Our daughters were too small for daycare and they needed around the clock care.
    One day in August we recieved a 5 day eviction notice. My fiance and I contacted everyone we knew and nobody would let us in.
    At that time I was in contact with my mom and her husband. I let them know what was going on and how we needed a place to stay. I was more concerned about having a roof over my daughters head more than anything.
    They agreed to let us in. We rented a UHAUL and packed our things and left 2 days later. My mom and her husband came down to Edmond, OK to pick us up.
    We followed them all the way to Carlsbad, New Mexico.

    Things were fine at first. But I started to notice small things that my mom would say or do that I did not agree with.
    I ignored it and would continue on with my day, but things did get worse.

    My mom did not understand that my daughters were premature and needed extra care. She would try to convince me that pediatricians did not know what they were talking about and that they were a scam to get people to buy their products. She even admitted to me that she did not get me my shots when I was a baby and that she fed me organic foods like goats milk.
    I told her to agree to disagree, and that my daughters needed special care and that I was 100% going to take a doctor's advice. She did have me try to feed my daughters goats milk and when I saw how it was affecting them, I put a stop to it. I told her they needed formula until a doctor said otherwise.
    Every time I said no, my mom would throw a fit like a 3 year old that wasnt getting their way.

    Over time, my fiance and my mom did butt heads and argue a lot. It was clear my mom and her husband did not like him, and once even told me he was not a father and he did not have any rights.
    I had gotten out of the shower one sunday afternoon and I heard arguing in the front room. I took my phone out and started recording. My mom's husband was in my fiance's face and my mom was yelling at him.
    I decided to take out my phone and record this because if anything happened, I had it for my legal safety for evidence.
    My fiance was threatened with an eviction notice after that even though he was standing up for himself.

    CPS was called 3 times to my mom's house after my fiance got his eviction notice.
    There was accusations of physical abuse.
    The first time, the social worker showed up with 2 police officers who told me they were there to take our daughters into custody.
    The police and social worker interviewed everyone and they had to strip my daughters naked and look for physical abuse which there obviously was no marks on my daughters.
    The police and social worker left the house and said everything was fine.

    There was a second emergency case that was called in yet again, and this time the social worker showed up with a detective. They looked at my daughters and again, interviewed everyone and left.
    The social worker closed the case after a few weeks.

    This 3rd case, I dont even know how to explain. Im at a loss for words.
    After my fiance was evicted from my mom's house, it was hard on me. I was taking care of 2 babies at once. I was so used to having my fiance's help and having him around our daughters. I was stressed and tired, but I did it.
    I felt very controlled on when I was allowed to see my fiance. It got to the point where my mom got so fed up with me seeing him outside her house that she threatened to put a restraining order on him. Her husband even agreed that when I made plans to let him see his daughters and myself, that it was an inconvenience to them.
    I also decided after the CPS cases, that I was going to record audio and video evidence of my mom being emotionally/verbally abusive. She would cuss and raise her voice at me when my daughters were around. She did that as well when my fiance was living at her house with me.

    One afternoon, my fiance picked up me and our daughters to spend time together. We went out to eat, drove around, and had fun as a family.
    We could not go back to my moms house until my mom and her husband were back at home themselves. Please keep in mind I did not have a house key and if my mom and her husband were out I was not allowed to stay inside the house with my daughters. My mom did not trust me to be alone because she believed I would let my fiance in the home to see his daughters and myself.
    So we got to my mom's house between 9:30 pm and 10:00 pm.
    I got my daughters inside, went into the nursery and got them ready for bed when my mom's husband hands me my mom's cell phone. Confused, I answer it.
    Its the CPS state supervisor asking for me and he asks if my daughters are okay. I say they are fine and I ask what is going on. He tells me theres been another accusation of physical abuse and he wants to meet with everyone at the house the next day.
    I say okay, hand the phone back to my mom's husband and both of them start yelling at me and accuse me of calling CPS. Why would I make false accusations of abuse to my own kids? And why would CPS call my mom's cell phone and ask to speak to me? That is very suspicious.

    The next afternoon, the CPS supervisor comes to the house and I lead him to the nursery and let him look at my daughters. After that, he sits down with me and explains what the accusations are.
    He said the first accusation was about my twin daughter, Averie. He said he got a call about her having a bloody nose from being hit in the face and there was a handmark on her cheek.
    The second accusation was that I had gotten into a fight with my mom and threatened to leave with my daughters and be homeless.
    He had to take a picture of my daughter's face because he saw there was no bloody nose or marks on her face.

    After he asked me questions and had me sign paperwork, he went and talked to my mom and her husband. I called my fiance and he came to the house to talk to the supervisor.
    I went outside and waited for him.
    After the supervisor was done talking to my mom and her husband, he came out and talked with my fiance.
    We told him everything that was going on in the household and that we had recorded evidence. He told me to send him the evidence so he could review it.

    I emailed the supervisor all the evidence I had of my mom. I sent him about 6 videos, and about 7 audio recordings.
    A few days later, he called my fiance and I into a meeting at his office.
    I asked him what our options were and what could be done.
    He said he reviewed the evidence and unfortunately, he did not see a problem.
    He said that my mom is free to do what she wants in the house and can say what she wants as well.
    I am just shocked at this point. I cant believe what I am hearing. He did not take any of the evidence seriously.
    I asked what could be done to get my daughters and myself out of her home, and I even asked about shelters that help mothers and their children.
    He did not really answer any of my questions I had, either. He also went on to tell us that he did research on both mine and my fiance's past. He said because my fiance was in the millitary, and that he was diagnosed with PTSD, there was a concern that my fiance would snap and hurt our daughters. He did not say much about me, but I know CPS looked at everything in our background which made no sense to me. It has nothing to do with the present.

    The next day, CPS held a meeting. My mom, her husband, the supervisor, me, my fiance, and my fiance's dad (he talked over the phone), were in this meeting.
    Again, they brought up our past and made a plan with us.
    They also threatened to put our daughters in state custody, or sign over Power Of Attorney to my fiance's parents in oklahoma.
    Even though the abuse and neglect charges were proven false, we were told there was no options left. It was either give my fiance's parents temporary custody or have our daughters go into state custody.
    Saddened by all of this, my fiance and I signed over Power Of Attorney to his parents in oklahoma.
    I asked if CPS could help us get on our feet, or if they could help with shelter or low income housing so my fiance and I had a place to live. They did not help us at all.
    So, right now my fiance and I are homeless.
    He has an electrical job that pays decently and I am trying to find a job myself since I am so used to being a stay at home mom.

    I honestly feel like CPS failed us. I feel like what happened wasnt justice at all and when we begged for help, CPS turned their backs on us even when we provided evidence.

    I did talk to my fiance's father and he said the only way someone could make a report to CPS or the police is that a person has to know the address.
    My fiance and I did not call CPS. We are innocent on that.
    Him and I have a gut feeling my mom called and made the accusations and we feel she had this plan to destroy our family. Not exactly distroy, but more like cause us pain.
    We do not know what to do legally. Is there a way to find out who called CPS? And if it was my mom who did, can I file charges? Can I also file charges on CPS for this emotional and mental distress they have caused? I do not know who to trust anymore and I need help.
     
  2. KatDini

    KatDini Well-Known Member

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    No. No. No.
     
  3. Maddie

    Maddie Law Topic Starter New Member

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    So i cant press charges? Ive been told I should get a lawyer by some people I have talked to. If my fiance and I are innocent, why is CPS doing this to us?
     
  4. KatDini

    KatDini Well-Known Member

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    Because they can.
     
  5. Maddie

    Maddie Law Topic Starter New Member

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    While I agree the system is corrupt, they need to learn boundaries. They need to focus on the actual kids who get abused and neglected...not prey on low income or innocent families. Its not right. They just want a paycheck.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    You are best served consulting a local Attorney
     
  7. army judge

    army judge Super Moderator

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    NO, CPS knows but will conceal the rat's identity from you.

    No, only a prosecutor can file charges against a person or entity.

    The next time CPS shows up at your home, even if a cop tags along, you can deny them entry.

    If they have a warrant to search your home, you must allow the police to enter.

    You don't have to talk to CPS, the police, FBI, CIA, your senator, even the Queen of England; even if one of them were to produce a warrant.

    Despite what you might see on TV, it is NEVER in your best interests to talk to any arm of the government.

    You have the RIGHT to remain silent, use that right if you're smart.

    You should remain calm, be polite, be courteous, provide only your name, address, date of birth; then INVOKE.

    You say calmly, using your INDOOR voice, "Sorry, I am invoking my right to remain silent and requesting an attorney."

    Often government agents will threaten, cajole, bully, intimidate, placate, compliment, smile, pretend to be your pal, and argue that talking to them is in your best interest; smile and keep "yer yapper closed"!




    You trust only yourself, and maybe the father of the babies.

    Remember, blabbing, yapping, talking, rapping can ONLY hurt you more.

    Resist the urge to howl, scream, chatter, yap, talk, smile and keep "yer piehole closed".

    If CPS ever shows up with a court order, examine the court order, and immediately request a lawyer.

    You should be given instructions on how to obtain one.

    Otherwise, all is explained below:


    The Book THEY use against YOU:
    ...
    http://childlaw.unm.edu/docs/2011 Child Welfare Handbook - August 2011-2.pdf
    ...


    ...
    https://www.americanbar.org/content...ent_defendants/ls_sclaid_judges_manual_nm.pdf
    ...

    ...
    ReturnMyChild.com - Defending Parental Rights
    ...


    ...
    Lawyers who take CPS defense cases - FightCPS: Child Protective Services-CPS-False Accusations
    ...


    ...
    Welcome to the Law Offices of the Public Defender - State of New Mexico
    ...
     

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