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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I have a serious situation involving CPS. My part (which was

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I have a serious situation involving CPS. My part (which was wrong and I self-reported to another CPS agent I know the next day, along with my daughter's psychiatrist and psychologist) was, I gave my daughter a 1/2 tablet of my narcotic pain pill. We both share the same diagnosis and to make a long story short, she had so many diagnoses come on at one time with new meds and increases in others, that she suffered from chronic headaches for over 6 weeks. I had consulted with 5 different doctors before researching online that a child her weight could take the pill; I was a medical asst. for 10 years, 2 years in pedi urgent care and 10 years as a pharmacy tech and instructor; it was not a reckless decision. When I took her to the ER two nights later, for the second time, they tested her urine and it came back positive for barbiturates and to be honest, I had forgotten that I had given it to her because it hadn't worked, so I didn't give her another. That was back in Oct. Apparently the case was given to a worker who no longer worked there, so I was first contacted Nov. 15th. At the time, my 9 yr old daughter, who is suffering from PTSD, due to resurfacing memories of the abuse suffered by her father, who is now in prison on a 5 year sentence for 4- 3rd felony theft charges, was in a mental hospital. I was on my way to try and get a protective order against him because he filed modification papers against me for "supervised visitation". Here is where I need help...I was honest from the very beginning. When first contacted I explained about going to apply for the protective order and my daughter's fragile psyche. I asked if I could have some time to get her home (she was discharging that day) and give her time to re-adjust. The investigator refused because the case was from Oct. I asked for 2 days and then offered to bring her to the office for an interview. The investigator said that would be fine and she would get back to me then. She then stated she was going to "call" the hospital. She went over there and interviewed her and in my opinion, recklously endangered my daughter's mental health when she told her that she was going to go speak to her father. I tried calling her twice and then her supervisor twice. He gave her the messages and she called me back. I asked her how she could possibly have told my child that she was going to talk to her father after what I had told her; she denied it...I know she is lying by the type of conversation my daughter and I had. What happened to the "agreement" of coming in the office in 2 days? Did she violate my daughter's 4th ammendment rights and did she violate my rights under color of law (there are other instances where she deceived me, which I will get to...please keep in mind whether or not she violated my rights under color of law).

She then told me she needed to come over and take pictures of the house and it wouldn't take long. I asked her for a few days, because, being honest again, I had been suffering from a sinus infection, just took a Master's mid-term and with dealing with my daughter's issues, my house was messy. "No problem". We set the date for last Friday, the 26th at noon. I found out my mother, who lives with us, was going to Houston to spend Thanksgiving with my brother and was leaving Friday morning. I called the investigator and asked if we could push it to 2 pm, because my mother is under a lot of duress, and I didn't want her knowing CPS was coming to the house, that I would tell her when she returned home. "No problem". When my mother wasn't out of bed Friday morning at 10:30 am and hadn't packed her suitcase, I called again and stated, "Do I know my mother or what? Can we make it Sat. at 12:30 pm"? "No problem".

My daughter had a sleepover the night before and the girl was leaving right before the investigator was coming. She was supposed to be able to come back later that day, but her father said she wasn't going to be able to. My behavior-challenged daughter, then started getting angry and refused to help me pick up before the investigator got there. She was blocking my way down the hall, blocking me from brushing my hair and teeth and grabbing onto my leg when I was trying to pick up all the stuffed animals. Yes, I got frustrated and yelled, "I can't f'ing believe this"! As my daugher continued, I told her if she couldn't get her behavior under control, I was going to have to send her back to the hospital...not for acute care, but for a day therapy program we had already discussed with her psychologist the week before. That is when she knocked on the door.

She came in barrels blazing, telling me she had been standing outside my door for 15 mins. and heard everything. She started yelling at me for cursing and having a yelling match with my daughter. She told me I needed to contact someone where my daughter could go and I could only have supervised visits because we had a yelling match; for 3-6 months!

Will continue after you digest this. :\
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • While you provided a lot of information, I'm uncertain as to what your question is this evening. What is your specific question for a legal expert to answer?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.

Thank you, XXXXX XXXXX out of "characters".

 

The investigator then asked me if I was just threatening my daughter about returning to the mental hospital (I am under extreme duress at this point) and I told her no, I would never threaten her. So now her "plan" has gone from removing her from my home for 3-6 months, to two weeks in the mental hospital and then she could come home. She then came up with, "I can't let her stay at your friend's (that was an option before she "thought" of the mental hospital" because bipolars with PTSD can "snap" at any time and I can't put them in danger. She then tried to bully the admissions director at the mental hospital and I thought she was doing me a favor by stating it was a "voluntary parental admission". I found out from my CPS friend that she went for the mental hospital to close the case sooner and wanted to know what grounds she was trying to get her admitted under and that is when I told her about the volutary parental admission...she had no cause for admission and that is what the admission director told her. I had gone back in to get my daughter's medicines to take to the hospital and the next thing you know, my daughter tells me she can go to my friend's. What happened to the danger? Then, as she leaves, she tells my daughter and I to be nice to each other, love one another, for my daughter to "take a break" and "give mom a break" and leaves without giving me a parent hand guide, checking our food supply, giving me a drug test or a safety plan. THEN, she doesn't even call my friend to follow up that my daughter was there. She terrorized us literally, as my daughter and I are both bipolar, I have panic disorder and she has PTSD. I believe she violated my daughter and my 4th ammendment rights and our constitutional rights, which would be a violation under the color of law. What I am asking, what would you recommend I do or don't do? I have a copy of the violation of rights of color of law I plan to serve her and her supervisor with. I just found out that even though my daugther's urinary analysis was positive for barbituates, that the medication I gave her is NOT a controlled substance. Thank you.

Customer: replied 3 years ago.
Expert:  Joseph replied 3 years ago.

Please understand that the policies of Just Answer, as well as the practical limitations of any online site, do not permit us to "recommend" what you should do. With that limitation, I would suggest the following....

 

CPS is a difficult entity, their employees are overworked and underpaid. So, while their mandate is wonderful (the protection of our children), the facilitation of that process is terribly flawed. It has been my experience that their employees will, shall we say, "fudge" the facts to fit the circumstances.

 

Having said that, I just don't see a viable lawsuit here. While the workers actions are certainly questionable, I don't believe they arise to the level of actionable.

 

I typically tell my clients to cooperate with CPS, for so long as it makes sense. For example, if there is an allegation of drug use and you have no drugs and use no drugs, you should permit them to enter your home for an inspection and to take a urine sample for testing. However, if they come over 4 or 5 times to do the same thing, at some point, you need to withdraw your cooperation. I would suggest that you may be at that point.

 

It seems as if CPS may be on a fishing trip with you. If so, withdrawal of your cooperation may be the best remedy. If they don't have cause for a removal, then you may be able to put an end to this case by ceasing your cooperation and moving on with your life.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Just so I understand, because I am fraught over this, I should just go into the mediation tomorrow and withdraw my cooperation and that should be the end of it? I really want this woman's job. She is dangerous, reckless and did literally terrorize my daughter. I have to drive over 30 minutes across town to attend this mediation. Would you suggest that I could "get away" with a phone call stating I consulted with an attorney, and I found in the Texas Family Code that giving her the medication is not considered abuse because it was not controlled? My daughter is terrifed of going tomorrow. She told her therapist that today and she told him she wasn't going to talk at all because everytime she does the investigator lies about what she says. If I can get away without having to put my daughter through this mediation, that is definitely in her best interest and I would be willing to tell a judge that if they felt they had a case to take me to court. I am also worried about this being on my record. My husband falsely charged me twice this year with neglect and abuse and I was cleared and they offered to take it off my record. I don't know about this one. I am doing my Master's in Cybersecurity and want to work for the Feds; I am not sure how this would look. But then again, torturing my daughter and going down there and wasting gas money I don't have, still doesn't guarentee that they will remove it from my record. I will be honest with the Feds, the same way I have been 110% honest with CPS. And yes, I could pass any drug test. Should I do what is best for my daughter and stay home? I do have an appt. tomorrow with the mental hospital to assess her for the day therapy program and she has had outpatient therapy for over a year. As my therapist told me, if I was abusing her, her therapist would have caught it and called them.
Expert:  Joseph replied 3 years ago.

To be clear, the policies of Just Answer do not permit me to give you specific advice on how you should handle your situation, I merely provide some information and, if you will, a bit of guidance. To that end, I indicated that you might consider withdrawing your cooperation at some point. CPS can't make you do anything, they can only 1) request things or 2) take the matter to court to seek an order from a judge.

 

Thus far, it appears your cooperation has gotten you nowhere. With this in mind, you need to question how much longer you are willing to cooperate.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.

LOL, I just got off the phone with the supervisor. He said he was going to take me to court.

Expert:  Joseph replied 3 years ago.

Exactly as I stated! This is my point, they can't make you do anything, they can only ask that you do something and then hope that you comply. When a person refuses, then CPS has to decide if they want to pursue the matter. If they do, then taking the matter to court is their only alternative.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
Do you really think this will go to court? Or was he trying to intimidate me again? I think I am more anxious now than before.
Expert:  Joseph replied 3 years ago.

There would be no way for me to tell you whether or not CPS believes the can take the case to court. You have to understand, it is within their discretion as to whether to simply drop the case or pursue it in court.

 

To answer the second part of that question, yes, it is certainly possible that he was trying to intimidate you. In fact, it is my opinion that intimidation is standard operating procedure for CPS workers.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 4 other Legal Specialists are ready to help you
Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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