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Good afternoon. I'll be assisting you with your question.
Could you explain your situation a little further?
My 14 yr old daughter was using drugs and occasionally sneaking out at night to use drugs, so, CPS offered us an immediate placement into a rehab facility (using medi-cal as payment), but then they said they would be sending her to a group or foster home for rehab which was not whjat they conveyed to me. They conveyed she would be placed in a in-patient rehab facility (not a group or foster home, although to them they may be synonymous with "in patient facility" (call me naïve). So, I am not on board with any placement other than what they promised or back with me, so I want to revoke the voluntary placement agreement. In addition, she has been detained in a county shelter for the last 65 days and they won't return her back to me. I want to revoke this agreement. thx.
Was this ordered by the court, or is this an agreement between you and CPS?
the agreement was by me and cps.
In that case, yes, it is revocable.
The only entity that can legally prevent you from revoking your consent is a judge.
Your agreement with CPS is simply voluntary and, as a concequence, it is not binding on you.
Consequently, we have been in front of a judge for the jurisdictional and disposition, but the judge has not ordered anything other than deny me the return home of my daughter at the jurisdictional only. Does this change anything with your prior response?
Did you make a request for return of your daughter at that hearing>?
Did the judge make a finding that the child was abused or neglected?
Yes, but she temporarily denied it at the jurisdictional hearing, but we are to go to court for the final hearing and placement Aug. 4th.
No the judge never said anything remotely like the child has been neglected or abused.
OK. It is significant that the judge denied your request, as that equates to a judicial determination that she should be detained. So, while it was voluntary, the judge basically took control and now she is there under his direction.
Do you have a lawyer?
yes I do.
This is a very difficult situation. While the placement may have been originally voluntary, when the judge denied your previous request, he essentially made a finding that converted it to a non-voluntary situation, I'm sure at the request of CPS.
Has your lawyer indicated that he thinks he can get her back before the final hearing?
No, because it is for placement only. We are going to go for full custody hopefully at the same time because mom is a mess. What is the process to parlay this into a custody case from a placement case?
I'm assuming you are her father. Previous to this, was the child in your full-time custody?
50/50 custody, yes i'm the blood father.
OK. Here is the issue. At the jurisdictional hearing, you consented that CPS had jurisdiction over her, but that does not mean that if you revoked that consent that they could not go back and have a contested hearing and prove that even without your consent that they would still have jurisdiction based on her drug problem.
Well I never consented that at the jurisdictional, in fact, I disputed much of the matter in the jurisdictional. I admitted my voluntary placement agreement as evidence.
OK. But the judge found that CPS had jurisdiction, correct?
I believe so...
I guess that's my point...when the judge made that finding, this was no longer a voluntary situation.
Thanks for the positive rating. I'm really sorry for the bad news, but I can only give an honest assessment of your case. If you have any questions in the future, you can direct them to me here: www.justanswer.com/law/expert-texlawyer. Good luck to you and your daughter. I really hope things work out for the best.
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