CPS Attacks

I have never heard of a hospital drug testing a baby with no cause... something about the story does not add up....

V.:

Welcome to mamapedia!!

The only people that can give "true facts" are your brother and his wife. If you do not live in the home and do not see the interaction on a daily basis - then you don't really know what is going on.

If this is really going on - they need to hire a lawyer who deals with CPS and get their names cleared.

Good luck.

Mom and dad need to get an attorney right away! It appears to me that once cps got their hands on that baby, they were looking for a reason to keep him/her. I don't know the facts around whatever may have happened that caused them to think your brother is violent.

A preliminary hearing is a criminal proceeding, not involving removal of children by CPS so you either have the name of the proceedings wrong or there is more to this story.

CPS does NOT start out trying to adopt babies out. They do a unification process to try to reunite the family. Either you don't know the whole story or you're not telling the whole story, which is fine.

Bottom line, they need a dependency attorney and possibly a criminal attorney if in fact there are criminal charges pending against someone.

You don't live in their home therefore you don't really know what has occurred. Furthermore, you were not in court so you do not know what was said. You know what your brother and SIL want you to know. I'm sorry to put it this way, but I have been involved with CPS as a psychologist and they are there to protect children. People will deny allegations, but CPS doesn't make them up. There is always some element of truth.

No, it doesn't sound insane. CPS doesn't yank kids out of a home for no reason. There's more to this story than you are aware. No, you do not have any rights but you can certainly petition to become the foster parent.

Unless the law changed in the last 15 years, in California, your brother and sister-in-law are entitled to attorney representation in these matters. If they can't afford an attorney, the court will provide one. They should discuss this with the attorney as soon as possible.
Family reunification is the first priority in child dependency cases, so CPS cannot simply put the baby up for adoption, regardless of whether they think the infant is a good candidate.
As for family member rights - you don't have rights, but you or another family member may be able to get the baby placed with you if you have a safe home. This is also something your brother should discuss with a lawyer.

I agree with Krista P. It sounds like there's more to this story than you are being told. CPS doesn't just rush in and take a child for no reason.

As far as family rights, it depends on your state, but most states do not give family members any 'rights' to children, unless you want to petition to gain custody of the child.

Some of you saying CPS doesn't make things up have never heard about some of the cases that have gone thru this state....

Does CPS still have that baby in foster care? Federal law says relative placement should be considered first - but relatives may have to push to get it.

CPS does get funds for adopting foster children out - and if they were told this baby is a candidate for such, it may well be that somebody knows somebody wanting a baby -- sounds bad, but there have been instances of what appears to be this exact thing.

Unfortunately, I have dealt with them here. And I hate to say it but you can get some workers that make things up. Like others say, you don't live with them so maybe something else is going on but you never really know. However, I was found to create a dangerous enviroment for my kids. The worker lied to me and my husband about what the attorney stated. She added rooms to my house that I am still trying to figure out where they could be--I really could use additional space so if there is another bedroom and a dining roomn, please tell me where they are. She indicated the basement is dark though never actually went into it. I had to get a lawyer to get it expunged. However, the kids were never removed though she did lie that the attorney wanted them out. The attorney had indicated to drop the case for no basis. Your family needs to get a lawyer with experience in this type of thing. I had one that worked based on my income so they are out there.

They need a lawyer and a patient advocate right away. The hospital, doctors and nurses should be making statements for the family and giving proof that THEY made the error and there is nothing wrong with mother/baby/father.

I believe your brother and his wife need to get a lawyer experienced in CPS cases.

I agree with Krista, there may be some facts that you don't know. That's not to say CPS isn't getting carried away. But something just isn't adding up. I would think it could be cleared up quite easily with an attorney, if CPS is truly stepping over the line.

But you look like I do - here for a long time, but your first question. So I guess "welcome" 4 years belatedely. :)

I'm so sorry this is happening to your family. I'll pray for you.

I have dealt with CPS, and they can be ummmmm.... overenthusiastic. Unfortunately it is often the ones who play by the rules that get burned the most, mostly because they are the ones who don't cut and run. Family is the first place that CPS will look to place a child even temporarily. Grandmother can file for temp custody until the mess is sorted out.

A lawyer is a good idea as well. Also, independent drug tests, as accurate as possible. The anti-depressants will, unfortunately, work against you. Somehow they see it as a cause for concern instead of proactive treatment. They often use scare tactics, but you can arm yourself with the law and as many facts as possible. Truthfully, it takes quite a bit more than one positive drug test to remove a child or there would be much fewer children in the situation that they are in.

To those who don't think CPS will rush in with out cause - I nearly had my children taken away because of a possible head injury. The doctor said the condition could have happen spontaneously or due to head injury, 50/50 chance. I spent the summer fighting for them despite having counselors claim that they had never seen such mentally and physically healthy children. I know a lawyer who had to do the same because his very active son broke his arm twice in a year. Another friend had a preemie who had "too many hospital visits". All of her conditions were related to being born 2 1/2 months too early, but once you get in the system, it's hell getting out. It happens way too often.