Monday, March 7, 2016

Great Results in Case After CPS Snatches Kids


A new case found that CPS snatched both minor kids after one child was found to have ingested a substance turning out to be medical MJ in form of what appeared to be expensive dessert. Although it was accidental, CPS wrote scathing report against one parent and was not too kind to the other parent either.  In most cases, CPS turns over case over to the District Attorney, and prosecution for some crime will ensue.  Due to a procedural error, even before the first hearing,  it appeared one parent never even received a customary intake document to fill out, much less return it.... These documents are supposed to be used for the purpose of making an informed decision re the juveniles, plus they should realistically be done prior to any reports being filed with the court for purposes of keeping kids away from the parents. While social workers might dispute that, it is common sense that one does not have one parent fill out a standard intake, and the other does not, then a report is made before the parent even fills out the intake form.

It would seem that failure to even give one parent the form to fill out while still giving the court a report on the entire incident and more, is not due process, even if the form was used for simple facts since such facts can knowingly add to, or detract from the parent's background in toto.

Upon not even being able to have time to read the entire report because CPS did not hand it out until 10 minutes before court, where report should have been given out 2 days earlier,  attorney objected to moving forward based upon lack of time to review report, failure of CPS to have one parent fill out the intake document they use, and it was stated to judge,  to be prejudicial to client....Judge decided that it would be a contested hearing and set matter over for about six days.

Remarkably, the next day (big surprise)--- clients were informed that children were going to be returned to the home, at least one parent still living at home, and other parent only to be supervised by the in house parent.  That is about the best result one can get without even having gone to any other hearings at all, and considering how bad the report was written against one parent in particular, it sends the message that one should always:
(a)   take caution and not accept anything CPS throws out just because they wrote it;
(b)   the full disclosure documents should be given and returned prior to hearing, not after a hearing; (c)   reports which misconstrue or misstate facts should be objected to strenuously and by cross examination.
(d)   any reports, documents, evidence or anything related to the case that is in written form which is subject to some type of time limit (for example, should be received 2 days prior to hearing)--should be followed; and if not, objection should be lodged for cause and hearing pushed forward.  Judge is not going to necessarily know what date the parents or others involved, received the data.




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