Defense on Child Protection Services Agency of Santa Clara, Ca

Asked about 6 years ago - San Jose, CA

CPS of Santa Clara County has become involved into my daughter's life to "check on" her two children. All the while the social worker, has said very little except he is there to help, but shortly thereafter brought a Public Health Nurse in to check on the children. Both of them have visited her home once this week, with a 5-10 min advance warning, and then attempted another visit with a 5-min warning, in total the social worker has come twice to the home in the same week, the nurse once and then the 3rd attempt. This nurse seems to be very demeaning, judgmental, condescending and appears to be "looking" for things that are wrong-asking questions not only about the children but about my daughter,- and her health and very off the wall questions-she says things like "I am a nurse, I know" "were you on drugs when you had your child-maybe he is the way he is because you were on drugs." "you look enimic- are you sick-I know. Why did you have gastric bypass? How big were you?" "let me see their mouths-I need to check for bottle rot"-then she proceeded to look into the mouths of the 3 and 11/2 yr. old. She went on to say that the behavioral issues that the 3 year old should have been diagnosed, and it was my daughter's fault- the doctor consequently has refused to give an official diagnosis because of his age. We suspect he may have autistic issues or other, as he acts out quite a bit, hits, yells, doesn't listen, etc.

Question: Do you really think CPS of Santa Clara County is trying to help?

We are terrified with all the horror stories that once they become involved, they will attempt to take the children away. Issue is money and the high cost of attorney's. Currently seeking and looking for any attorneys-Defense CPS attorney's that are willing to take payments possibility? We had talked to one but his retainer was $10,000 and that just is not possible.

Background of how CPS initial involvement:
My daughter and son-in-law were at a store parking lot in San Jose, CA, my son-in-law started yelling, ranting and raving as he was mad at my daughter, keep in mind my daughter was holding my 1 1/2 year granddaughter. he then shook my daughter, he then threw a cell phone and the phone hit my granddaughter's back and then grabbed my granddaughter to pull her away by her legs. There was a witness, and the police were called. He was hauled off to jail, a temp restraining order given. since this time son-in-law arraigned and the two charges are: Domestic violence and child neglect. At the time of the arrest, the officer on the scene had contacted CPS, but said since my son-in-law was going off to jail, CPS was not going to be involved after all-after the initial time the temp restraining order was up, the son-in-law returned to the home. Two-weeks pasted and the police stopped by for a visit to see him to see if he was there and then the following day CPS arrived and that brings the story up to date. The arrest took place on 9/26/08, and the temp restraining order expired on 10/3/08. He returned on 10/4/08 and CPS first visit was on 10/20/08.

Additional information

this pretty much brings it up to day. My daughter has been cooperative, and has agreed to the requests of CPS, and now CPS is waiting for the children's medical records. Additionally, my daughter and son-in-law have signed up for parenting classes and are going to go to marriage counseling.

Attorney answers (1)

  1. Marshall William Waller

    Pro

    Contributor Level 15

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    Lawyer agrees

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    Answered . Sadly, yours is an all too common situation. THere is no solution here, other than to cooperate fully with CPS and make sure that every effort is made by mom to ensure the safety of her children. CPS is indeed investigating your daughter and seems to be trying to find a reason to place the children in foster care. This is not something that they can just "do," however. A court case will need to be filed and your daughter will be able to obtain an attorney at county expense. For now, she shoulod do as she is told, she should be cooperative and deferential to CPS. These people can take her children away from her and your daughter needs to know that so she can do everything in her power to see that doesn;'t happen. Good luck.

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