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CPS/DCF substance abuse

Discussion in 'Child Abuse, Neglect & Porn' started by Daddyzlildefect, Jul 6, 2020.

  1. Daddyzlildefect

    Daddyzlildefect Law Topic Starter New Member

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    Jurisdiction:
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    DCF was called on me for alcohol use even though I only drink two or three shots twice a week. They also said I was buying prescription medication. I got into a car accident on April 21st and had medication until about June 22nd the worker came June 25th and had me do a urine. I had failed but she didnt believe I had the medication until then, and sent them to my moms. Do I have any chance of getting them back if I have all clean urines from this point out? I agreed to a substance abuse program for alcohol. I do have to add that I will be arrested for a DUI soon.
     
  2. army judge

    army judge Super Moderator

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    Perhaps.
    As a parent victimized by an adverse action of the kiddy agency, you are entitled to be represented by an attorney paid for by the state, if your finances are frayed and fractured.


    Once a petition has been filed at the juvenile court, the child and his or her parents are entitled to legal representation. The court will appoint an attorney for the child when a petition is filed and for parent(s) if they are indigent. In these proceedings, DCF is represented by an Assistant Attorney General (AAG).

    The parents can either admit or contest the allegations, which will determine whether the case will proceed to a trial. By admitting to some or all of the allegations, the case will proceed to disposition without a trial. By contesting some or all of the allegations, there will be a hearing for the court to decide whether the allegations contained in the petition are true. During a contested hearing, all parties will have the opportunity to present witnesses and other evidence in support of their case. DCF will seek to present a wide range of information about the parents’ background, including employment, mental and behavioral health, and criminal history. Also of concern will be the child’s health and educational progress. The court may order evaluations of the parents or the child, and will decide what specific steps the parents must take to improve the situation so that they will be able to appropriately care for the child. Some or all of this information may become part of the court record in a child protection case.

    After all evidence has been heard, a judge will decide whether the child should be "adjudicated" or found to be abused, uncared for, or neglected. If the judge finds the child has not been abused, uncared for, or neglected, the case will be dismissed. If the judge finds the child has been abused, uncared for, or neglected, a dispositional hearing will take place to decide the best option to prevent further abuse or neglect of the child.

    The court may order one the following dispositions:

    Return/Remain with Parent(s): the court has decided that it is in the best interest of the child to be with parent(s).
    Protective Supervision: the child remains in the home with the parent(s) under DCF supervision.
    Transfer of Custody/Guardianship: custody and/or guardianship is transferred to a relative or other person who must be a suitable and worthy caregiver.
    Commitment: the guardianship of the child is removed from the parents and usually given to DCF for a period of time.
    Dismiss: the court dismisses the petition.


    CHILD PROTECTION PROCEEDINGS
     
  3. mightymoose

    mightymoose Moderator

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    You may need to rethink your status regarding alcohol abuse. It is a tough first step to take, but for the sake of your children you may need to take it.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Called on you by whom? And why?

    In the abstract world of all that is hypothetical, virtually anything is possible, and no one here can intelligently rule out anything.

    It is clear that there are relevant facts that you have not shared with us because there is no way that DCF would get involved with a person based on the facts you gave us.
     
  5. leslie82

    leslie82 Well-Known Member

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    First off - stop drinking alcohol if you haven't. You do have an issue with alcohol if you're getting DUIs. DUIs don't just happen...that's a choice.

    Get a lawyer. You don't have to talk to anyone if you don't want to.

    But get some help with the alcohol for real - your kids don't deserve to be around that.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I suggest you wait and see how that plays out before you try to get your kids back.

    If you need that much booze, you've got a problem.
     
  7. Daddyzlildefect

    Daddyzlildefect Law Topic Starter New Member

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    Can I move my 15 year old out of state away from her father? I have been waiting a long time to move. He's only ever seen her 4-8 hours a week.
     
  8. justblue

    justblue Well-Known Member

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    Is there a custody order? If so, what does it say, word for word sans identifying information, regarding moving out of state?
    What state do you wish to move your child to?
    How is it in the child's best interest to move away from her father?
    Are you prepared to pay/provide for all transportation costs?
     
  9. Daddyzlildefect

    Daddyzlildefect Law Topic Starter New Member

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    Our order is 4 hours a week supervised visits. But that may be lifted soon. There isn't anything written about moving out of state either way. I would not pay for travel for her to see him.
     
  10. justblue

    justblue Well-Known Member

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    CPS/DCF substance abuse

    A month and a half ago your child/ren were removed from your care by CPS...Has your case been closed?
     
    leslie82 likes this.
  11. justblue

    justblue Well-Known Member

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    You will need to get the courts permission to move and you will likely be ordered to bring your daughter for her visitation with her Dad (on your dime).

    What state do you wish to move to? What is the reason for the move?
     
  12. Daddyzlildefect

    Daddyzlildefect Law Topic Starter New Member

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    My husbands father is sick, and we want to move to be close to him. I'd have much better luck finding a job, and could sell my house outright as it is paid off. We would be inheriting his dads house at some point, and could get a home with money left over out of the sale of my house now.
     
  13. justblue

    justblue Well-Known Member

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    Please answer all my questions:
    What is the status of your CPS case? What state are your planning on moving to? Also, how do you plan on making sure your child still gets her weekly visits with her father?
     
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  14. Daddyzlildefect

    Daddyzlildefect Law Topic Starter New Member

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    Case is finished. Just waiting for the official drop of it. I have done what I needed to do and they see no further concern. We would be moving 13 hours drive time away from here so I have no idea how I could get her back for her 1 day a week with her dad. I didn't know what my options were.
     
  15. justblue

    justblue Well-Known Member

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    When is dad getting off supervised visits? You will have to provide transportation and, practically speaking, flying makes more sense.
    Check out CT long distance visitation and try to come up with a generous visitation plan for your ex...with you paying the full cost of transportation.

    Is there a reason you won't give the name of the state you want to move to?
     
  16. mightymoose

    mightymoose Moderator

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    Oh yes you would... If you are the one doing the moving expect to pay the costs.

    If your order doesn't address moving out of state, what does it say about modifying the order?

    Do yourself a favor and get a new visitation order before you move. If you move first it will be more complicated and cost you more.
     
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