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Evelyn Ann Cox

Evelyn Cox’s Answers

482 total


  • Can child services remove a child I have taken custody over because of a 23 yr old DUI ?

    Yesterday Dept of Child Services gave custody to me and my family (brother and sister) my sisters adopted daughters child. Now this morning child services return to my home telling Us we have to turn my nephew back to them because I have a 23 yr o...

    Evelyn’s Answer

    That sounds just plain silly. Even a conviction of that age should be waived. If you had a drinking problem - there would be more recent problems.

    You need to consult with a JUVENILE DEPENDENCY ATTORNEY. Now!

    A family law or criminal attorney will not have the information you need to deal with CPS.

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  • I need to know what rights I have to get information about if a CPS case has been opened against my household.

    I know CPS has been called at least twice in the last month about situations in my home. I have not heard anything from them, but when I call to get information they tell me that they can not give me anything, even when it's regarding my children....

    Evelyn’s Answer

    You can file an 827 Motion to get information about the investigation.
    Your county will have a website for the Superior Court - in that website - you may find local rules and even local forms to complete to file for an 827 "request for disclosure of the juvenile case file - Petition not file."

    A local Juvenile Dependency Attorney can assist you. Most Family Law attorneys would be clueless about this stuff.

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  • If the DA calls and wants you to be a stand by witness for court case and you want NO PART of it, do you have to go

    Saw someone get out of a car and fire a shot across from my home, did not see his face this person is being charged with shooting someone else and doing great harm to that person and running moments before I witnessed this. I am in fear for my fam...

    Evelyn’s Answer

    If you receive a proper subpoena - you have to go to court, but the D.A. can, as a courtesy, allow you to be on stand by.

    Call the D.A. and or Victim Witness and express your concerns. You have a right to feel safe and they should afford you some protection.

    The judge will not likely be able to speak with you privately.

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  • What should I expect at a grievance hearing regarding my name being placed on Child Abuse Index?

    DUI w/toddler in vehicle. Child endangerment charges dropped by court. CPS did investigation and closed my case after I completed 30 day safety plan which required me to attend AA mtgs. & refrain from drinking. Received notice stating that beca...

    Evelyn’s Answer

    At your grievance hearing you will have an opportunity to dispute the facts and or the decision making that resulted in you being reported to the Child Abuse Central Index (CACI).
    Be prepared. You can win a CACI grievance hearing with the correct approach. I highly recommend you speak with and hire - if possible - a Juvenile Dependency Attorney to assist you.

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  • Child protective service referral

    My ex has filed numerous false cps and police reports always stating the same thing. Cps comes out sees the house interviews me and kids then closes case. I've recently moved and they don't have my current address well once again i get a call from...

    Evelyn’s Answer

    It is not advisable to play games with CPS.
    They will only close a case after they have investigated. You could cause yourself a great deal more frustration by making them work harder than they have to.

    Make it easy for them to close the case out in your favor. Ask them to document the repeated calls that do not amount to anything and ask if you can get a supervisor to look at the situation.

    Constantly making false CPS claims can be a good argument for decreased custody on his part.

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  • Do I need a lawyer so I can see my grandkids?

    I had to report child abuse according to what my grandkids told me. Since then I have not seen my grandkids its going on 2 months since I last seen them. The grandkids are unhappy and despise there living conditions. How can I get visitation?

    Evelyn’s Answer

    It is not possible to answer your question with the limited information you have provided.

    Where are your grandchildren? With a parent? With CPS?

    How do you know they are unhappy if you are not getting visitation?

    How old are they? Do they call you? Text you? Email you?

    You will get the most useful responses on this site if you are able to provide a more clear idea of the issue and question.

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  • Do i need a family lawyer

    I am being accused of child abuse and neglect. I know the allegations are false. Iwould like to know my rights and how to defend myself

    Evelyn’s Answer

    You need a Juvenile Dependency Attorney

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  • Looking for a family law lawyer

    I am being fasly accused of child abuse and was told they are recommending taking my children.

    Evelyn’s Answer

    You need a Juvenile Dependency Attorney

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  • How would I be able to get records from false children services cases

    I need help finding out how I can get copy of recond about false cases that were made through dcsf about my kids there father is mad because I got all right over the kids I got full and he got supervised. Visits twice a week so he been stating and...

    Evelyn’s Answer

    You can file a motion under Welfare and Institutions code section 827 to get the records. You can find directions on how to complete the forms on the Advokids website. Just do a search it. You may also find the forms on your superior court website under forms.

    In some counties - you can just request the file from the Department and they will give it to you since you are a parent.

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  • In California, can a referral assessment determined to be "substantiated" be disputed or appealed?

    Allegation is 'neglect'. Unbeknownst to me, my 12-yr old son abused his internet access privileges, gained access to a website which targeted "tween"-age children, experimented with the "choking game" - and almost died; I was using the restroom ...

    Evelyn’s Answer

    • Selected as best answer

    If you were reported to the Child Abuse Central Index (CACI - you have a limited time to request a grievance hearing. They should have given you notice. If so - consult with a Juvenile Dependency Attorney immediately.

    I am sorry this happened to your family - truly horrible. Cannot understand how this could be neglect on your part - but you need to see what facts they are relying on. You see these when you file for a grievance hearing or request discovery pursuant with Welfare and Institution Code 827.

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