How do I respond to false statements made in juvenile court by a CPS social worker?

Asked 4 months ago - San Bernardino, CA

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My mom had her grandkids taken away for CACI listings that I know to be untrue because I was the supposedly abused child. (I am an adult now) The social worker came in for an "interview" and acted like she was going to help get the kids back, but turned around and twisted statements around to make my mom look bad. She omitted my statement about my mom being innocent and we were powerless to respond during court, which was painful and humiliating. My mom doesn't technically have a public defender or a place in the court room; Only the children and their father. I've read about submitting a "Declaration of Facts" but I'm not sure how it works. Is it too late to submit it now that the hearing is over?

Additional information

The social worker told her to file to be a de facto parent. There is another hearing 2 months from now for them to decide whether there will be a continuance of the reunification plan with the father or to have his rights terminated. My mom no longer seems to have a stake in anything unless her name is cleared. We fear none of the family will get them and they will be lost to strangers. We are pretty much doing this by ourselves because we don't have the funds to hire an attorney. Any insight is helpful. Thanks.

Attorney answers (2)

  1. Licensed in CA

    San Francisco Juvenile Law Attorney
    Contributor Level 13

    3

    Lawyers agree

    Answered January 29, 2013 08:39. There is a great deal of information in your posting which makes it difficult for an attorney on this site to provide a clear answer. First, if the father of the children has court appointed representation and this is a Juvenile Dependency case, the mother of the children would also be entitled to court appointed representation. My guess is either the mother has not appeared in court or the mother's attorney was relieved since the mother stopped appearing in court. It appears that the court ordered the father to complete a reunification case plan to see if he could reunify with the children. It is unclear whether the mother was ordered to complete a reunification case plan (its possible that the court did not order her to complete a case plan because of a number of reasons including that she has prior CPS history, etc).
    A De Facto Parent application if granted would give that person the ability to participate in the proceedings in a limited manner. Overall, you should consult with an attorney about this situation.

    None of the information on this site constitutes legal advice. It is an ad for attorney services. The attorneys at... more
  2. Licensed in CA

    Pro

    Fresno Child Custody Lawyer
    Contributor Level 15

    Answered January 30, 2013 20:42. So these are your Mom's grand kids? That explains why she does not have a place in the court room. Have the kids been taken from the father? If so did he try to get the kids placed with your Mom and the Court refused. Anything to do with CPS is complicated, add to that the lack of facts in your question and it is impossible to give an informed response. Contact an attorney in your area immediately.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more

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