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

San Bernardino, CA |

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?

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.

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Attorney answers 2

Posted

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 DeDecker & Meltzer are licensed attorneys in the state of California. The information is intended to be general in nature as there are many laws and regulations not mentioned on this site that may apply to your situation. No attorney-client relationship is created between you and the Law Office of DeDecker & Meltzer unless a signed written fee agreement exists. You should not rely or act upon the information provided on this site without seeking the advice from an attorney.

Asker

Posted

The mother is not involved in the case at all. She has given up her rights. I'm talking about the grandmother, not sure if you are confused. It appears the temporary foster parents don't really get to speak in court, even if the social worker talks about them at length in the court hearing documents. I just want to know if we can submit our own statement to the court, which I suppose would be viewed at the next hearing. Their father's lawyer isn't very good either, she doesn't make a defense for him at all, so the social worker's words are taken as fact, as there are no documents defending the father either, but that is a bit off topic.

Posted

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 and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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