I am caring for 3 young nephews until November 10th 2016. It has been ordered by a judge that their parents only see them 3 times a week for 3 hrs. One time the two of them had tested positive for methamphetamine. In result they were made to t...
It sounds like there is a Juvenile Dependency case going on in Los Angeles County Superior Court. There is a judge making orders - so a petition has probably been filed and sustained and the Juvenile Dependency court has taken Jurisdiction. This means a court has decided the children are at "substantial risk" of abuse or neglect. You are a relative and the children have been placed with you.
OK there is no simple answer to your question. If the court decides there is no risk in the parents care - they can be returned - but this is a subjective decision based on the evidence the court gets to see.
The law requires the social worker to be thinking about a long term plan for the children in case the parents fail. If you waiver about adopting or providing that long term plan - the children may be taken from your home and put in foster care. You may want to consult with a juvenile dependency attorney about this. There should be funding available to you to assist you. If you ask about it - be sure to state clearly - you will provide permanency for these children. If there is another family member available who would pass kinship - you need to have a family discussion about this.
The parents may get their children back - but the reality is - meth is a powerful toxic problem and many parents relapse and fail to reunite with their children. I don't know your brother and sister in law's situation or level of addiction or dysfunction.See question
Our case started in Marin County but me and my family have moved to San Francisco County three months ago??? So , what do I need to do to transfer my case to where we live ??
You have a Juvenile Dependency case in one California Count and you actually live in another California County and you want to know how to get the court case transferred. You should first speak with your court appointed attorney because he or she may have insight into whether you will have a more favorable situation in the new jurisdiction or not. Your attorney can advise you - he or she knows the case and the courts. The you may ask the social worker who at this time - should know where you live.
Generally, if the children and parents are living in another county - the case can be transferred. I will warn you - it can take months for the darn thing to happen - so you need counsel on what is the best thing to do. You could get caught in a procedural quagmire and lose precious reunification time - the clock is ticking in all Juvenile Dependency cases.See question
I received a voice mail from my ex yesterday saying she requested the ex parte for today knowing that I'd be out of town. Her claims as to why are ridiculous. I called the court house and was told the matter would be heard even though I'm out of t...
You have been noticed of an ex-parte hearing in Family Law Court and you cannot appear. You can ask the court if you can appear by phone or you can hire an attorney to appear for you.See question
DCFS.....has.my 3 kids...i need help before. i lose, my 3 kids.....please...advise.....
You need a Juvenile Dependency Attorney. Communicate with the attorney appointed in your case - he or she may be the best qualified attorney for your 388 trial.See question
My husband and I are separated and he keeps threatening me and Im really afraid. He is very abusive in all ways and Im scared when I serve him with the restraining order he will come hurt me before the police can get to me and my children. Im rea...
Contact WEAVE or My Sister's House for assistance right now. The Sheriff will serve the documents and they will give you step by step assistance. They can also find a safe place for you to go if needed.See question
My name is Liane. Im 40. I have 3 kods, two live with me still ( 10 & 13 ages). Dad left us in 08. DV issue and Drugs/alcoholism issues. Since 08 its been SO hard on mynkids/I. Always financially struggling. No chil support, he never cared for kid...
You need a Juvenile Dependency Attorney to dig in and get to the bottom of all the facts and then turn that case around for you. It sounds like you are getting misdirected and redirected every way to go. It is not always possible for the social workers (CPS) to get all the facts right and they make decisions that change your family forever - based on misinformation and little information. You have to take charge and get the right information to the right people. A qualified Juvenile Dependency Attorney can do this.
There are several who answer questions on this site and are located in your area. One of them may answer your question.
It is an amazing shame the way we treat domestic violence victims and their families in the United States. I understand in Canada - they place the children and mothers in shelters together when this happens. Of course this presumes the "victim" is the mother.
What is happening for you is - CPS considers you at fault for failing to protect your children from domestic violence. So you are suppose to get yourself out of this situation without any further exposure to violence in the presence of the children. You have to consider who you are relying upon for help right now. Relying on his millionaire parent did not work out.
Why, since you left him in 08, are you still dealing with violence in December of 2015? You need to sit down with the right attorney and get this worked out. Best wishes to you, I hope you can get the direction you need.See question
I was in the process of relocating out of state when I was served with papers to establish paternity and parenting plan. I went through the domestic violence shelter and was waiting on funds. Can I still relocate?
You need to read the papers and follow any court orders that have been issued. Any and all family law court orders are essentially temporary until you get back in court and are able to change them.
You should meet with a family law attorney to go over the paperwork if there is something you don't understand. The paperwork can be confusing and when you are stressed or in crisis - that makes it even more difficult.
There are attorney clinics available at My Sister's House and at Weave if you need pro bono attorney assistance.See question
There was a police raid at my home while my 3yr old daughter was present so i sent her to her grandparents while the police were still there. Now her Grandmother tells me that cps told her to call the law if I try to come get her. Cps hasn't cont...
There are some situations where CPS approaches or handles things "informally."
Sometimes, depending on the situation - it is better to keep things informal. However, you have a right to know what is going on. You should assert yourself with Grandma and get the name and phone number of the CPS worker she has been dealing with. Call that person and ask for a meeting.
If she has no name and number to give you - you may want to call her bluff.
Go and pick up your daughter.
If, however, there is a risk in your home for your daughter - you are taking a chance that CPS might remove your daughter - so think about what has happened or is happening in your home before you push anyone to get more formally involved.
I am a medical assistant, a patient came in who was mentally unstable, hostile w/ staff and pregnant, admitting using narcotics during pregancy (currently). Symptoms did not match to warrant a rx she was seeking. she had difficulty understanding e...
Abusing certain drugs during pregnancy can be considered child abuse. Your facility should have a policy on how to handle this situation and you should look at it first. The local Child Protective Services (CPS) agency may be able to investigate if they have the relevant facts and can follow up.
CPS does not need the same degree of "evidence" the police need in order to investigate or take action.
Unfortunately - this is why many innocent families are put through the "ordeal" of CPS scrutiny.
If you feel an unborn child is at risk - you are right to do all you can to report it.See question
I want to leave my boyfriend and move out with my kids, but he is always threatening me with he is going to call the police and acuse me of kidnapping our kids. I'm sure my kids don't want to stay with him. What should I do? Can he really do this ...
You have just as much a legal right to take your children and move as he does. You should seek help from a local domestic violence shelter and file custody papers if necessary. It is not kidnapping to take your own children. You need a plan for how to do this to avoid drama and trauma to your children.See question