Child protective services, procedure under CA dependency court to appeal CPS decision

Asked about 6 years ago - San Jose, CA

I woke up to a cop knocking on my motel door claiming I had comited a felony because of my friends van parked outside had 2002 tags, the cop thought they were stolen 2007 tags because they are the same color blue. He arrested me had cps come get my baby and put her in foster care, even though I had a standby guardian designated if I couldn't take care of my child. In court the charge was dismissed for several reasons mainly I didn't own the van and it didn't have stolen tags on it. Cps kept my child in foster care refused to help place her with family because they were not local it would make more work for them and they would loose their bonus money. My sister has no criminal record and wants my child to live with her if not with me. In the states care my normal healthy child who was on target before was severely abused, restrained for hours and hours everyday, badly sunburned, and developmentaly delayed. This I have evidence in visitation reports and pictures as well as medical reports. Nothing was done about the torture done for over a year to my child. I am going to appeal the termination of my rights. I don't understand why my last trial was set to be with judge yew presiding specifically, the day of trial another unfair judge heard my case mainly listening to the da and cps not my side at all. I want to know how I should proceed, with the appeal of the judge who shouldn't have presided over my case? And or the termination of my rights without evidence of any abuse on my part ever inflicted upon my child. My child now against my wishes is in a homosexual couples home, I have eligible family willing to take my child. No one is giving me straight answers on my rights and I fear for my childs life. Can anyone please help me and my little girl? I own a home on 15 acres I can provide for my child, my rights have been seriously violated and my child is being sold to homosexuals to adopt. Please give me some advice

Attorney answers (2)

  1. C. Logan McKechnie

    Contributor Level 13

    1

    Lawyer agrees

    7

    Answered . You need to contact a local attorney as your 'facts' just don't fit into the rules. Under the California Welfare and Instutution's 300 code, your parental rights would not have been terminated for what you have indicated. As to the placement of your child, after your rights have been terminated your relatives do not have to be considered for placement. You NEED to see an attorney who can ask you some tough questions and review the record.

  2. Karl E. V. Paananen

    Contributor Level 8

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    Lawyer agrees

    4

    Answered . If your story is true, you simply need to get a good attorney to handle your appeal. The fact that the judge was changed is irrelevant, this sometimes happens if the assigned judge is sick, too busy, etc. But if the trial before this judge was genuinely unfair, you have grounds for an appeal. A good attorney would need to go over the record of the trial to see what was unfair about it, and whether you would win the appeal.

    Karl E. V. Paananen

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