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My sis and b.i.l. have had 2 kids taken away. The first under unproven allegations of abuse, and the second son never even got to leave the hospital - CPS showed up and took him before he was even 36 hours old.

My first nephew has been in CPS custody for nearly a year and a half (75% of his life) and 2nd nephew since he was born in November (didn't even have a chance to bond with his own mother). Sis's caseworker has even stated to them that they have no evidence whatsoever that substantiates the allegations from the first son, even though they have been sued by the state (and papers claim the state DOES have evidence.) Sis and BIL have done each and every thing the CPS ordered them to do - twice (parenting classes, counseling, etc.) Oh, and my sis is disabled. Not physically, but she is bipolar and has SSDI. Her doc's (3 of them) signed statements that she does not, at present, need meds 'cause she is stable, but CPS said she will never get her kids back without being on meds. Help!!

2007-01-12 19:06:37 · 6 answers · asked by alysion 1 in Politics & Government Law & Ethics

They have been assigned an ad litem attorney, but he "doesn't have time" to meet with them and advise them before the hearing this coming week. We cannot afford a $1500 retainer for a real lawyer, so, honestly, do my mother and I have a chance of seeing my nephews ever again and helping to raise them?

2007-01-12 19:08:53 · update #1

6 answers

Get it in writing that they told her that she will not get her children back unless she is on meds, and sue the hell out of them. CPS are not doctors and thus can not force someone to take medication even if they are bipolar. They can't take the children permanently without granting her a court hearing, she can then ask for a Public Defender to help her with the case. She then need to get a statement from her doctors stating that she doesn't need meds, and she should get her kids returned. Then pack her things and move out of Texas because CPS in Texas has a tendency to hold grudges and will always look to remove her kids.

2007-01-13 04:04:16 · answer #1 · answered by King Midas 6 · 1 0

As next of kin with no criminal record you should have been the first to be able to take them. The thing about CPS is they take kids away from their parents who have done no wrong and leave the kids who need to be taken away with the parents who beat, or starve them to death. Here in WA state a mother let her 5 week old and 22 month old son starve to death, when they found them in the apartmen it was filled with beer cans and alcohol bottles and to top it all of this mother had been investigated not once not twice but five times and the first son removed twice I believe!!! CPS is messed up I hope you the best of luck and I would ask around churches and charitble organizations to see if a lawyer with in their congregation would be willing to take on your case as a charity case, or help you with the funds...

2007-01-12 19:15:15 · answer #2 · answered by WINGS 4 · 2 0

If they believe that the children are in any type of danger, now or in the near future, then they will always take the children away. Your sis can do two things. She can take them to court. she should file in federal court if she believes that her parental rights were violated. The second thing is that she can take medication. She can take a mild potion which may keep her in a stable condition.

hope that it helps

2007-01-12 19:12:55 · answer #3 · answered by Eddie G 2 · 0 0

Okay, forgetting for the moment that the whole thing sounds like a Jerry Springer special - I will tell you this.

CPS is staffed primarily by NUTS who think that the state is better qualified to raise your kids than are you.

Unfortunately, they have a bizarre set of laws that allow them to operate outside the constitution. (In other words - allegations = fact in their minds).

Sad truth is, once you get those people in your life, you have little if no legal recourse.

2007-01-12 19:17:44 · answer #4 · answered by Anonymous · 1 0

Maybe you can get some help through CASA.

2007-01-12 19:17:05 · answer #5 · answered by Anonymous · 0 0

Why cant your mom get custody???

2007-01-12 19:15:49 · answer #6 · answered by ABBYsMom 7 · 0 0

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