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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.
This is the form I want to serve...
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.
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Thank you for your patience.
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.
LOL, I just got off the phone with the supervisor. He said he was going to take me to court.
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.
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.
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