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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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My grandson was removed from my daughter by CPS on 22-March-13

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My grandson was removed from my daughter by CPS on 22-March-13 the day after his birth in Cleburne, Texas. CPS has taken no action to place the baby with a family member. The baby has been moved from one foster family to another. Im being told there is a family conference scheduled for 15-May-13 at 2:00pm and at this point they will proceed with the background check and fingerprinting task. CPS advised it could take up to 4 months for them to place the baby with a family member. The baby will be 6 months old by then and I don't understand why they are dragging their feet. We want the baby to be with family and not with strangers as we are willing to take on that responsibility.

I live in the state of New Jersey and my other grandson was placed in my custody 10 days after the first court hearing. We went thru the 18 month reunification process and I inturn adopted my grandson. I also have custody of his 2 sibblings.

The CPS worker or the counselor is not willing to answer questions presented by my daughter. They are threating her with non visits with the baby or ruining her chances of getting the baby back.

She is the only black person in the group counseling class and if my daughter does not say what the counselor whats to her then she is combative and argumentative. If she does not participate she is not compliant. The counselor speaks to my daughter like she is less than a human being. I think my daughters civil rights are being violated.

My question is what can be done to facilitate the placement of the baby with family in a more timely manner. I don't feel CPS wants this baby reunited with family.

Any advise you can give as to what my next step should be would be greatly appreciated.

Regards,

Charlottee Littles

LADY LAWYER : Hi Charlottee,
LADY LAWYER : CPS is a government-created agency and it has very little checks and balances throughout the organization. It is basically self-regulated. And because of this, the agency and its employees simply do what they feel like with children and families because, well, there's really no one else to tell them they can't.
LADY LAWYER : The only way to challenge an action or the decision of CPS is to file a petition in court asking for relief.
LADY LAWYER : So if CPS is dragging their feet, you would need to file an Emergency Petition asking for Temporary Custody of the baby. Based on the fact that you have all your daughters other children, there should be no reason that the court would not allow you to have this child too.
LADY LAWYER : The best way to file your Petition is to hire an attorney. But if you cannot afford one, you will have to write your own Petition and file it at the County Courthouse in the County where your daughter resides and where the CPS case is ongoing.
LADY LAWYER : It seems you entered and exited the chat rather quickly and have not come back. Often times, this means that a customer is having trouble with the live chat feature. So I am going to change the format of our chat. If you CAN see this, please refresh your screen in a few moments.
LADY LAWYER and 6 other Family Law Specialists are ready to help you
Let me know if you can see my answer, above, Charlottee. If you have any further questions about this, I am happy to answer them!
Hi Charlottee,

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