Compliance With Reunification Plan is Difficult

My question involves juvenile law in the State of: Ohio

My two teen sons (14 and 13) experimented with pot and my anxiety pills while in my custody (my ex and I share custody) and CPS has become involved. The boys were given 30 days in the juvenile detention center with intensive inpatient therapy and since being released almost two months ago have done extremely well. They have passed all drug screenings, have decent grades, have missed very little school, and stayed out of detention hall.

The family plan I was coerced to sign requires 24/7 adult supervision for an open ended period of time. While at my ex's in a bad part of town this is understandable, but when at my house in the country, especially right after school, this is an extreme hardship. My parents and two other solid neighbors live within 100 yards, and there are no other houses around.

Due to the boy's very good behavior I went to CPS in an effort to get some small concession at least right after school since they are basically supervised, just from 100 yards away and we're talking about 3to 5 or 6pm, with three adults popping in any time. I was summarily dismissed.

My divorce attorney is doing a good job on the custody stuff but he is just too easy going, and I feel I need an out of area bulldog attorney to stand up to CPS. CPS has even talked with my kids at school without my permission, even though I've heard unless there is abuse involved they are not allowed to do this. Though this could be bad information.

Could someone please advise me in this situation?

Thanks in advance,

RS.

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Quoting prohandyman4172

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My question involves juvenile law in the State of: Ohio

My two teen sons (14 and 13) experimented with pot and my anxiety pills while in my custody (my ex and I share custody) and CPS has become involved. The boys were given 30 days in the juvenile detention center with intensive inpatient therapy and since being released almost two months ago have done extremely well. They have passed all drug screenings, have decent grades, have missed very little school, and stayed out of detention hall.

The family plan I was coerced to sign requires 24/7 adult supervision for an open ended period of time. While at my ex's in a bad part of town this is understandable, but when at my house in the country, especially right after school, this is an extreme hardship. My parents and two other solid neighbors live within 100 yards, and there are no other houses around.

Due to the boy's very good behavior I went to CPS in an effort to get some small concession at least right after school since they are basically supervised, just from 100 yards away and we're talking about 3to 5 or 6pm, with three adults popping in any time. I was summarily dismissed.

My divorce attorney is doing a good job on the custody stuff but he is just too easy going, and I feel I need an out of area bulldog attorney to stand up to CPS. CPS has even talked with my kids at school without my permission, even though I've heard unless there is abuse involved they are not allowed to do this. Though this could be bad information.

Could someone please advise me in this situation?

Thanks in advance,

RS.

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So the boys were in your custody when they "experimented" with the drugs and you are asking CPS to allow you to leave them unattended? I completely understand why you were summarily dismissed. I would have done the same thing.

CPS are allowed to talk to the children without your permission.

Other than that, it seems as though you've agreed to the case plan. It's probably a good idea to stick with that plan. If you'd rather not, I would advise speaking with an attorney who is used to dealing with CPS.

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CPS has even talked with my kids at school without my permission, even though I've heard unless there is abuse involved they are not allowed to do this.

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You have heard incorrectly. CPS may talk to your children at school without even letting you know they have done so, let alone asking your permission to do so. At your home, it's another story.

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Could someone please advise me in this situation?

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It's an "extreme hardship" for your boys to go 100 yards down the street to Grammy and Grampy's house for a couple hours, until you get home from work? I'm afraid I can't get behind this notion. My own sons walked further than that to elementary school when they were younger.

If you want things to work out in your favor, you need to do everything in your power to stick to the parenting plan you agreed to - whether you feel you were forced or not - or you risk losing custody of your sons. Your ex may live in a "bad" neighborhood, but they didn't get into mischief at your ex's house. They got up to no good at YOURS, and that's why CPS is taking a hardline stance with you. "Supervision" doesn't mean "someone wandering in and out from time to time.", it means "Someone right there to keep an eye on the little miscreants, within snatching bald-headed distance."

Either send them down the street for a couple hours, or hire a part-time nanny to come in and hang out with them for a few hours a day.

It's a teenager's birthright to act like a moron and do stupid, even dangerous things. Because even intellectually bright teenagers don't have a lick of common sense in their hormone-addled little skulls, it's your responsibility as a parent to make sure the stupid things they do don't end up getting them thrown in juvie, removed from your custody, or killed. Sometimes that means inconveniencing yourself. You signed up for that when you made them. I'm not unsympathetic - I'm still kind of stunned that I got my sons to legal adulthood in one piece, with few problems, but baby did that ever take a lot of work and sacrifice to get there.

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Quoting prohandyman4172

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...My divorce attorney is doing a good job on the custody stuff but he is just too easy going, and I feel I need an out of area bulldog attorney to stand up to CPS...

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It is often in one's best interest to lawyer up as soon as CPS comes a knockin'.

Your CPS issue is separate from that which your divorce attorney is expected to handle for you. It is not uncommon for folks in your situation to have another attorney represent them with CPS related issues.

Talk to your own attorney first regarding your questions and concerns. If your attorney does not feel comfortable dealing with CPS bureaucracy, and many attorneys do not for good reasons, he or she may recommend an attorney for this. Some are quite adept at working with CPS, especially those formerly in the District or County Attorney office, and who may have worked directly and together with CPS, and may have earned some measure of respect from CPS. These attorneys best understand what CPS can and cannot (or rather should not) do.

I have seen an attorney call a high level CPS manager directly, chat for a few moments as old acquaintances do, nicely explain the situation at hand and why the caseworkers actions were not appropriate, and the problem was promptly corrected. This is an organization where it occasionally does matter who you know.

While it is true CPS may talk to your child without your permission, once a parent has made it clear to CPS they are NOT to talk to their children, many states require CPS to get a court order to do so.

You should consult with an attorney in your area to review your case and make sure everything is on the up and up and being handled as it should.