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Evelyn Ann Cox
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Evelyn Cox’s Answers

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  • Will I be able to report my parents for threatening me?

    A few days ago I got into a small quarrel with my mother. She, all of a sudden, blurted out that she was going to kill me. Feeling threatened (she was reported for child abuse once already, about two years ago) I told her that I was going to call ...

    Evelyn’s Answer

    Your parents can kick you out of their home. You are an adult now.
    Learn to get along with them and follow their rules or learn to take care of yourself now.

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  • He can be convicted for sexual abuse?? o child molesting? ?

    my ex boyfriend,touch inappropriate to my daughters for the last 3 years,they have 15 and 11 years.he make sex oral to my older daughter and make her masturbarte him, he will go to jail? when don't have phisical evidence? she have some text,f...

    Evelyn’s Answer

    The testimony of the girls is sufficient to put him in prison for a long period of time if he is convicted,
    CPS will be used to pressure you to cooperate. You need to cooperate. Do not talk to your daughters about this. Follow the direction of the Victim Witness or D.A. or CPS. You have to protect your daughters, not your ex BF.

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  • How can i help my situation for custody?

    my boyfriend of 10 years and i have a 1 yo. ive been a stay at home mom and sacrificed my income for my baby. we live together and i lost my drivers lisence because of duis years ago among other thing (but have truly changed and dont drink/use any...

    Evelyn’s Answer

    Right now - you need to call the WEAVE hotline and talk to a counselor. You are describing domestic violence. The fact that you remain in this situation and do not get help - is putting your child at risk and Child Protective Services may take your baby from YOU!

    WEAVE has the ability assist you in filing the family law documents, including a restraining order. You can also contact My Sister's House. They have similar assistance available.

    If you are not willing or able to protect yourself yet - you must protect your baby.

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  • I need steps on taking custody of my niece and nephew

    My sister has a problem with addiction and has been told multiple times to seek help but hasn't she feels like everyone is against her and the kids are feeling the rath of a scattered confused life, they where taken today by cps and I need them to...

    Evelyn’s Answer

    Once a child has been taken into protective custody by CPS, you cannot file anything in family law court or probate court - you are now in Juvenile Dependency Court and must work that system. If you can consult with a Juvenile Dependency attorney - that is your best first step.

    CPS workers are over burdened and while you may "need them to be working with (you)" - you need to be aware of how they work and you need to work with them. The law requires the government to seek out relatives for placement. At the beginning of the case - they may be able to make an emergency placement with you if you get through to them with your information immediately. Once the Detention hearing occurs, there is a longer process of Kinship approval that has to take place. These case move quickly and you must as well if you want to keep your family together.

    Keep track of the names and contact info of everyone you deal with. Stay on top of the tasks you are asked to do. Talk to a JUVENILE DEPENDENCY ATTORNEY. Family Law attorneys do not necessary know a thing about CPS cases.

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  • What should I expect or prepare for when going to trial on a 3 year long guardianship battle?

    I have been caring for two nephews for the last 5 years. Bio mom and dad are both substance abusers with no stability. Prior to taking on the children full time 100% they were bounced around with other family and mostly lived with maternal grand...

    Evelyn’s Answer

    Guardianship Trials in Sacramento can be very formal or somewhat informal depending on the case and the issue. The judge will ask each of the parties what evidence they want to present and they will be expected to call witnesses to present that evidence in the form of questions to the witnesses.

    The parents must have filed a motion stating what they think the issues are - so start by reviewing what they have filed and writing out your responses. Then think about what evidence you have to support your responses and whether there are any specific witnesses that would help support the evidence you want to present to the court.

    Best wishes.

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  • CPS closed the case after I voluntarily gave temporary custody to my in-laws, now they want a court order.

    CPS closed my case after me and my husband handed over our son to his family for temporary custody. This was due to a domestic violence incident where he was a perpetrator. He is no longer living with me. The CPS case worker told us when our case ...

    Evelyn’s Answer

    Your issue is clear. CPS did an investigation and opened "a case" but did not file a petition in court. They handled it outside of court - which they are required to do. It is called providing "reasonable efforts to prevent removal." They came up with a solution to the problem by asking your family to take your children. CPS wanted your family to get a formal guardianship - but decided the situation was safe enough to walk away with a notarized letter (not sure why that would suffice - as it does not mean much really.)

    At this point, CPS is still concerned the children are at risk for some reason - even though you are not with your husband. Perhaps you have not taken classes or gotten counseling and they are concerned you may re-enter a violent relationship and put your children at risk again. They are asking for a court order for this guardianship arrangement.

    If you had a petition filed and sustained in the Juvenile Court - there would potentially have been a guardianship formed in that court. Since you did not have a petition sustained in Juvenile court - you would use the Probate Guardianship court in your county. Most Probate courts have some sort of communication with CPS - perhaps an official liaison. In any event - whenever there is a Probate Guardianship filed in California - the court will inquire if CPS has been involved and if the answer is yes - there is an automatic check of those CPS records and the information from CPS is considered.

    So while CPS might not be involved in the paperwork - they will be notified and given the opportunity to give information to the Probate investigator on your case. It is difficult to shake CPS once they attach to you! Most important thing you can do is get counseling so you can be with your children again. Your children need to be raised by you, not by other family members.

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  • Should CPS be investigating?

    A single Mother leaves her 7 year old child alone (safe temperatures proven) in her car on their ipad at the childs request while she runs into Macys to make a quick purchase and tells the child she will be back in 5 minutes. Inside the store she ...

    Evelyn’s Answer

    • Selected as best answer

    The hypothetical you present along with the version of the law you would like considered could be a Bar exam question. I love it. You are not actually asking a question clearly here but here are some issues that pop out to me as a California Juvenile Dependency attorney and a criminal defense attorney.

    CPS has an interest in investigating this situation. This could result in a referral to the Child Abuse Central Index (CACI) if they "substantiate" abuse. This is a Department of Justice list and can have an effect on mom in the long term - she would not be able to be a foster parent, a school teacher, among other things. If she is going to be put on the CACI - she will be notified and have an opportunity to file for a grievance hearing. In spite of her not having much money for a lawyer - it would be advisable that she speak with a Juvenile Dependency attorney and even hire one if she is put on the CACI.

    At the very least - she has demonstrated poor judgment. When I was a child, my parents would leave us in the car for a quick run in to the store. I am sad to say, today is such a different world, unfortunately.

    In order to trigger a Juvenile Dependency Petition (a case in court that could result in the removal of a child from the home) the department (CPS) would need to have evidence the child is at "Substantial Risk" of physical or emotional abuse in the care of mom. If the investigation shows that she makes these type of poor judgments on an ongoing basis (her neighbors say she leaves her child on the street all day, her child's teacher says the child is unbathed and has bruises or scars all over- you get the picture, then they might have a case to file a petition and ask her to do some court ordered services.

    There are many ways a CPS investigation can conclude including just "unsubstantiated for abuse," or a request that mom do some voluntary services like a parenting class.

    As far as her theft issue, a good defense attorney might get a look at the store surveillance tapes. All the registers have cameras on them. If they show there was a long line and mom approached and then looked around for another line before heading to the door, AND the video can verify what she is claiming - she may have a defense to the theft case.

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  • Is it a crime to watch on-line child pornography?

    The adult son of a friend was arrested by the FBI for having child pornography on his computer, after an FBI SWAT team broke into the house where he lived and took his computer for analysis. He has been put in federal jail, and is being moved bac...

    Evelyn’s Answer

    Yes it is a crime to have possession of child pornography on your computer, phone or tablet. It is a crime to have child pornography in any form and it is a crime to share it with anyone. It is a registerable offense in California.

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  • Expired Visa

    My ex fiancé now is living in my home and will not leave. I called off the engagement about few months ago. He is here in the states with an expired visitors/Business visa since last month. He has verbally, emotional and physical abuse me. He won'...

    Evelyn’s Answer

    My strongest suggestion would be that you contact WEAVE or My Sisters House. Both have hotlines and people available to counsel you in this situation. They may even be able to help you file paperwork or make police reports if necessary. No one needs to stay in an abusive situation - you have options and these are the best resources in this community to assist you right now.

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  • The case has nothing to do with me is it necessary i drug test i wasn't caught with it why am i punished guilty by association?

    ive been ask to piss test for cps.so this is what happend long story short..my ex-girlfriend (babys mom) got pulled over with 20 grams of meth. in california sacramento.cps came to her house where im currently residing at while she's incarcerated...

    Evelyn’s Answer

    The baby moma is in custody and you are looking after the child(ren). Since CPS was notified of the mother's arrest it has a duty to check out where the children are and if they are safe.

    For whatever reason - the worker felt the need to ask you about your drug use and asked you to test.
    Social Workers are supposed to make these subjective judgment calls. They are supposed to have training and experience to help them make these calls. Do they get it wrong sometimes? Yes. But you are basically on here admitting they did not get it wrong.

    First off - stop making admissions on a public media site.
    Second - stop using drugs.

    Get in to speak with Juvenile Dependency attorney - you will have to pay for it - we don't work for free unless we are court appointed and you wont find a court appointed Juvenile Dependency Attorney who speak to "client's that are not already involved in a court case. they get appointed by the court and are paid by a government contract.

    You don't have a court case YET. If you do not cooperate with the social worker - he or she may feel the need to file a court case. I have seen cases filed simply because the parent did not cooperate at the investigation stage. Is it legal? - Well - yes. They have the whole machine behind them to back themselves up for most anything they want to do. They also have the court of public opinion behind them since they "protect children."

    If you want to avoid a court case - you need to educate yourself on how CPS works and the best way to do that is by speaking with a Juvenile Dependency Attorney.

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