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Dealing with cps not following laws

Discussion in 'Child Abuse, Neglect & Porn' started by Heatherhstn, Jul 16, 2017.

  1. Heatherhstn

    Heatherhstn Law Topic Starter New Member

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    The last 3.5 months have been hell. On March 31st cps was called. I failed a drug test. Yes I am ashamed. I am not a bad mother or an addict. But I screwed up. My husband had a false positive which would come back a week later from the lab as a negative. Mine still positive.

    Cps said we had no choice they were removing the children and placing with my sister awaiting the results of my husband's drug test sent to lab. And that he would get them back but I was have to be supervised.

    OK. They told me I didn't have a choice but they would let me choose my sister or a foster family. I walked off crying. Now we signed a service plan. I wish I would have known my rights. But it was 30 days and we were going thru a lot. Staying with friends and trying to get on our feet. I was depressed. We were pretty much homeless. Maybe it was better for our 3 and 4 years-old to be away from the stress and for us to not have our hands full trying to get re established . I mean I didn't want it and I hated it. But it wasnt fair for them. And since cps said I had no choice and I had to signed or not be allowed to have visits until it was. Yea. Dumb me.

    Since then it has been insane. They have now decided my husband cannot have the kids back in the house. Or even be allowed unsupervised visits. They are forcing him to go to a mental health clinic which I am fine with. But also drug treatment courses. Why?? When we ask the answer is I don't know. Wow.

    We have been told over and over as soon as we are stable in our home and job That the boys can return. Mainly because my husband has done nothing wrong. Well. He got a wonderful job, we got involved with an amazing organization and church. And we finally signed our lease yesterday. And were told we cannot have the boys until fbss treatment plans were completed by me. And again when asked why my husband isn't even allowed to see the kids unsupervised. Again the answer is IDK. OK. We just got transferred to fbss which is just a department within cps. But they play dumb. At least our case worker does. She told me my case would be accepted within 3 days. It got accepted 3 weeks later. Yes. And she refused to return my calls the whole time. Now any time we question anything we get told to call the investigator from the very beginning. I mean do they not communicate?? No case file or does she think she is some kind of god that doesn't have to answer any questions. I know that answer. She wants to keep my husband away from the kids and set meetings with me only while he is at work then me to agree for him. He is a bit intimidating and questions everything and she hates it. Me being the unsafe parent and being as ashamed as I am have felt I don't get any type of say so and since they just want me to do a outpatient drug treatment that's fine. The people there are great. Now trust me it's about to get good.

    I decided I wanted to see what cps is up to. Why do they avoid us. Not return calls. I had one positive drug test and since then I made effort on my own to get my doctor to give me urine tests to submit. All negative. At least 8 to 10 then one I did for cps at a clinic an hour away. The same distance I am expected to drive 4 times a week for treatments. Yup not in the place this happened. But that much driving. OK. I will figure it out. And I tell them I will get it done.

    OK. Then I start thinking I need to do some serious research because things seem really weird. And I found out they are.

    One. They removed the children ex parte without my consent. And they were not in any type of physical danger. And I had cops there earlier that day to ask what to do about cps when I heard they were coming. My kids seemed OK enough for the cops to leave so i don't understand how it was so dangerous.

    2. Come to find any removal of a child from a parent requires a court order. In my situation there should have been an invitial hearing within 3 days. It's been 3.5 months and nothing has ever been filed with any court. No judges signature or court orders at all. Now from what i have been reading I can go get my kids. They kidnapped them. They have been completely breaking the law and I was too trusting to even question anything. But this is a crime right? What should I do?

    3. They never visited my sisters home to see where the children would be living. We did not even do a pcsp until over 2 months later. Is that supposed to be done immediately?? The investigator got a new supervisor and she called my sister saying. they had to Do a home inspection immediately. This was not that long ago. Months later
    4. The drug treatment center did not know what type of plan to give me because I am not an addict. The caseworker called cps on the phone right in front of me. Put it on speaker and smiled at me. And asked cps what they wanted them to do with me. Her reply was my recommendation and expectation is for an l intensive 4 day a week treatment program. So she told them what to do with me. Then at our next meeting when I said something about it her reply was cps can not give a recommendation. I informed her she was on speaker phone and she literally ran out to call her supervisor and became very stressed.

    5. Now. Weird part. I am so dangerous these people have to immediately remove my 2 sons YET ALLOW ME TO KEEP MY INFANT DAUGHTER IN MY CARE UNSUPERVISED. But I thought I was so dangerous they were content breaking laws to get my boys away. If I am such a threat why hasn't anything been filed.

    Now FBss threatened to remove her. Then said she never said that.

    WE RECORD EVERYTHING. They know. We tell them. But they don't do anything per guideline. Like being told they will leave what the old case worker set up. Even though the old case worker has promised on recording we will get the kids as soon as we had our own place. We are now being told they will be in placement for 6 months. And my husband immediately contacted another supervisor who gets her to agree to reevaluate our situation. Things have done a 180. Life is great but I need my kids. My family does not allow me to their home an hour away bc I did drugs. And my sister rarely let's us see the kids. She takes them all over-the- state. Doesn't even inform me. Even kept them from us on mother and fathers day. They went to the beach hours away. Instead of letting me see them. I have been allowed to see them maybe 6 times. My husband has been allowed 3 times . She is not following the placement plan at all and I am sick of it. But does that plan even count. Does anything count if protocol was not followed and a felony was committed in the beginning by them removing my kids but never getting a court order. What do we do? We started calling attorneys and so far only talked to assistants but they couldn't believe there is nothing filed. Pure shock. So I am hoping for some call backs. This week. I am not a bad mother. I did something stupid. I made a mistake and I have changed and bettered myself. I was very depressed when this happened. So much was going wrong in life. I don't know why I did it. But I would never abuse or neglect my children. They are my life. Am i able to just go get them. Seriously. What steps should I take to get this mess dismissed bc of cps breaking the law . I really need help. I am scared they will make sure I don't get them back.

    The weirdest part of all this is my husband is the one who reported me to cps and his rights have been taken away more than mine.
  2. army judge

    army judge Super Moderator

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    CPS has no more over you absent a court order or an exigent circumstance, however, you unwittingly agreed to their hijinks and monkeyshines by "signing" something.

    Generaly that something appears to waive any rights you may have had to a state appointed lawyer, due process, and jury trial.

    Yes, in Texas, everything that goes before a court you are entitled to a jury trial.

    You can't fix this via the internet, other than to be told you need real legal help.

    You can learn everything you did was foolish, a mistake, or an error.

    You already know that.

    This is what you need to do now, if it still can be done. READ, educate yourself, seek redress, knowledge is power:

    For Those Looking For a CPS Defense Lawyer - FightCPS: Child Protective Services-CPS-False Accusations

    Texas Free Legal Forms, Law, Pro Bono Help Finder, and Resources

    Texas Children's Commission

    Appointed CPS Attorney
  3. mightymoose

    mightymoose Well-Known Member

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    You may have unwittingly waived rights and consented to allow your children to be placrd elsewhere, however you can also revoke that waiver.
    When CPS, or anyone, demands that you sign something you still have the option to say "No."
    Your kids weren't kidnapped and it doesn't seem anything illegal was done, but there could be some policy issues.
    You really need legal assistance and if you are resourceful you should be able to find some help even if money is tight. Otherwise, you can be more assertive with CPS and insist your children be returned and stop consenting to their requests.
    You might also contact law enforcement and ask if you may take your children home without consequence.
  4. leslie82

    leslie82 Well-Known Member

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    You need a lawyer - and why the hell did your husband report you to CPS? That wasn't very bright.
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    You need to seek out a local Attorney to help you deal with this
  6. ElleMD

    ElleMD Well-Known Member

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    If your spouse is reporting you to CPS, you have MUCH bigger issues. And you seem to think that being positive for drugs with kids in the house is no big deal. It very much is a big deal. You agreed to let your sister take the kids. Now you are questioning CPS's judgement in allowing that to happen? At the time you thought it best the kids weren't in your custody. Now suddenly you want them back? Doesn't work that way.

    You took drugs. You took them while around your kids. That means that in spite of using whatever money you had to care for your family you bought illegal drugs, and knew who/where to go to to get those drugs. That isn't a lapse in judgement; it is a problem. If you have done nothing to ensure it doesn't happen again, why should the children be returned to your care?
    leslie82 likes this.

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