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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in st Louis Missouri. I have a child in care because

Customer Question

I live in st Louis Missouri. I have a child in foster care because I had used pain meds during my pregnancy. Cps took custody. I have been in drug court since Aug. 2015. I have 6 months clean Jan. 20 2016. This Friday new years day I had an unsupervised visit....my mom is my designee....I picked up my daughter and foster mom told me my daughter had an accident! She showed me her head and the baby has a orange size bruise on her head! She told me this story that they were at the store....now mind u....foster mom has another infant 2 months old and had other foster kids in her care for foster parents that went out of town. She let one of the older mids hold my daughter n she said they were sitting on the floor n that the older child looked away or got distracted n that my daughter fell face first into the tile floor! I asked if she took my daughter to the e.r and foster mom said no. That they went home n that her husband put ice pack on my 6 month old baby's head! I wasn't contacted! Foster mom said she called my children's division worker but no one called me! 2 days before this happened my baby's father visited her in a supervised visit by the CD worker and reported that he never seen the injury then! He had taken pictures of course of his visit with her and shared them with me and clearly there is no injury! I'm so upset that this is cps and they did not document or report my child's injury! What should I do? Do I have any kind of case here? Thank u
Meredith
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I have pictures of my daughters head where injury is! Also....I do random urine drops, attend Na meetings at least 2x a week, I'm in out patient substance abuse treatment! See a therapist once a week! I'm complying with court and just recently phased up in drug court!
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 for educational purposes only.
Did your daughter receive any permanent injury?
Did you report this to your social worker? I know you said the foster parent claimed they reported it, but did you speak to the social worker about it?
Customer: replied 11 months ago.
No permanent injury. Huge bruise. I have been trying to call social worker this morning. She said she would call me when she got in the office. I'm very concerned that foster mom might have too many kids in her home and this is the 4th incident since Aug 2015. Thank u for your time I will continue to contact social worker I guess.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
The only legal claim you have, without any permanent injury to the child is first to file a complaint with the social worker. If the social worker will not do anything about the matter, then your next step is to seek to try to get your reunification through the court based on your continued rehabilitation and compliance with their programs for your drug rehabilitation and testing. If the social worker will not assist, then you need to consider legal aid and file the motion for reunification in the court and you can show the evidence that the child is safer in your care than in the foster system, as the child would not be injured this way under your care.