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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90273
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I currently live in the small town of Livingston Louisiana.

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I currently live in the small town of Livingston Louisiana. I have numerous medical issues with my back and legs, which I see a doctor for. I have 4 children, ages 12 to 2. A few weeks ago I got into a small car accident (if that's what you would call it) in a Walmart parking lot. I had just dropped my oldest 3 children off at school and my youngest and I were going to walmart to get a few things. We were in the parking lot looking for a parking spot. As I went to circle to the next isle, my right foot went numb and I was unable to completely depress the brake pedal, causing me to tap one of the poles in the parking lot. A walmart manager was outside and without even talking to me, called the police who were there in less than 2 minutes. The officer asked me for my license and I hesitated for a minute or so because I knew that my license had recently been suspended for an unpaid speeding ticket. I just couldn't afford to pay the ticket at the time and the judge was unwilling to give me and extension. Anyway, I gave the officer the ID card that I had. He noticed that in my front passenger seat was my purse along with 2 of my prescription bottles. He asked if I had taken anything and being completely honest with him, told him that I had taken my medication for the morning already. I even gave him the bottles to look at. Next thing I know an ambulance arrives. The paramedic checks me out. I tell them numerous times what had happened and that my child and I were both fine. The officer decided that he wanted me to take a DUI blood test. This entire time he would not let me get out of my vehicle. I was forced into the ambulance along with my child. I refused medical treatment numerous time. My father-in-law was at the scene and was trying to get my child and the officer refused to let her go with him, so instead she was put into the ambulance. The officer never did a field sobriety test. When I got to the hospital, CPS was there waiting for me. I consented to the blood test. I answered all of the questions the CPS lady asked. I signed medical releases from my doctors for them. The hospital staff was shocked by the way that I was treated by these people. The officer wrote my a ticket for careless operation and driving under suspension. I signed it and stuck it in my purse. Later, he comes back into the room and takes the ticket and scratches though it and says he is trying to help me out. Later he arrested my for DUI with child endangerment. CPS went to my children's school and questioned all of them. They called my husband, who was working 2 hours away, and told him he had to leave to come there to do a drug screen. I did one at the hospital and tested positive only for my prescription medications. I was threatened numerous times by the one CPS investigator that she would call a judge and remove my children to foster care. I did everything that they asked and answered every question. In the end, she came up with this "safety plan" that I was forced to sign that placed my children with my in-laws. Now that we finally have a social worker assigned to our case, we are being told that they are requiring both my husband and I to do 16 weeks of domestic violence classes (because my children said that we argue) which we have to pay for. Also we both have to do random drug screens, which we also have to pay for. I was also told that I had to have a substance abuse evaluation done. I did the evaluation with someone who was licensed and covered by my insurance, and now I am being told that they don't know if that will be good enough. I believe I was wronged and I want to fight CPS. They said if we don't comply they will be taking us to court. I have nothing to hide. I've done nothing wrong. I told them that even though my husband and I didn't need these classes that we would comply but we cannot afford to pay for them. How can will we be able to continue to support our children? We just get by as it is. There isn't extra money for all of this. I just don't know what to do. I don't know what my rights are. They want access to all of my medical records. They want to count my medications to make sure I am taking them as prescribed. What are their powers? Should I fight or should I comply? Any advice would be appreciated. Thanks
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

CPS is the most incompetent, negligent and abusive agency you will ever deal with. Their social workers lie and even fabricate evidence to achieve their warped sense of what should be done. Verbal and non-violent arguments ARE NOT a ground to go to domestic violence classes, all people argue except in these warped social workers' fantasy land. Unfortunately, when it comes to the protection of children CPS holds all the legal power and the courts are even sometimes afraid of them until parents challenge these crazy social workers and put them on the stand to show that they are making cases where there really is nothing.

At this point, YOU are going to have to take CPS to court to fight for your rights. You are going to have to put evidence on that while you do have arguments, they are verbal argument and nothing close to violence. Furthermore, if you are able to prove that the children told the social worker this to begin with, once the custody issue is over in court, you can sue the social worker personally for illegally taking your children based on fabricating this evidence about domestic violence.

As far as the DWI, if you were under the influence of medication, even legitimately prescribed medication, and it was a controlled substance then they could charge you with DWI I am afraid and unfortunately, the LA courts are going to make you have an attorney or a court attorney represent you in that case as well.

The only way to really protect yourself against CPS though is using an attorney immediately to represent you to get this matter into court against them to get a court order to get your children released and have the domestic violence classes rescinded as well.



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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90273
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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