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  1. #1
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    Sep 2013
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    Unhappy Non Offending Parent Sudenly Became the Offending Parent

    My question involves child abuse or neglect in the State of: CA
    Alright i have been having alot of issues with my current cps case. maybe someone can enlighten me. about, i wanna say six months ago, my ex got into an altercation with her boyfriend. the cops were called to the scene and i guess my son was there and became a victim of domestic violence. okay i understand CPS wants to protect my son for his mom so a case was opened against her. cps never informed me of anything. they just showed up one day and said they just wanted to look around to see if my house was habitbul for my son. i didnt really think about it to much so i cooperated with them. then he asked if i could go take a drug test. under no suspicion or any thing. i cooperated and went to take the drug test. i told the cps worker i smoke a lil weed but only to help me sleep. and my girlfriend has her script if it helps. i give my sons social worker a call a couple days later to see whats goin on and at the time i was working graveyard so its really hard to catch me up during the day. nevertheless i ask him if i should go file for custody and get cps off my sons back, he tells me no need to worry cause parental rights of his mother are going to be terminated and i was to recieve sole custody. okay cool i didnt mind one bit to have my son living with me full time. well i go to court and my son is placed with me. couple days later i recieve a call and its cps again. i call back nothing.. so i go to sleep and am awaken to a cop and cps investigator outside my bedroom door. my 5 year old let them in. turns out i tested positive for marijuana. so my child was taken from me too!! my question is what the heck is going on?? i did nothing wrong. my son LOVES being here with me and my girlfriend.. he hates having to go back to his mothers. so what are my rights as to being the non offending parent and what can i do??? oh and my son is with my sister who now due to the drug test is constently calling me a bad father and just being downright mean... i just want to kno what i can do to get my son back...

  2. #2
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    There's something not quite right about the series of events here.

    The goal of CPS is to reunite the child with the custodial parent when possible - usually after the parent has completed the case plan. Termination of rights is the very last step (unless there is gross abuse or neglect going on). Taking the child because you happened to drop positive one time for marijuana isn't common, either.

    Do you have an attorney?

    Unfortunately, CPS doesn't always play by the rules. And I think you're going to need an attorney to help you out.

  3. #3
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    What part of you admitting to an illegal drug habit did you miss?

  4. #4
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    I understand what you're saying, Dis. But honestly? Either there's a lot we haven't been told, or CPS have perhaps (dare I suggest it?!) overstepped just a tad.

    A single dirty drop for marijuana doesn't usually warrant the removal of the child/ren.

    Something is amiss!

  5. #5
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    Sep 2013
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    thats what i dont get!!! do they have the right to drug test the non offending parent?? and let me clarify that my parental rights were not given up, but that he was taken out of my custody. he was placed in a foster home for the weekend and my sister got him on monday. well bottom line what i want to kno is the report says that the "NEGLECT" was that there was marijuana in reach... which is a complete freeekin lie. i would never have anything like that around my son. there is no proof of any marijuana in reach. also they wrote in the report that my girlfiend "appeared to be under the influence". are they allowed to make false accusations on the report??? ive looked everywhere the web has to offer and im pretty sure they cant take my son away over a drug test. but the main question mark on my head is even if i had absolutly nothing to do with the reason the cps case was opened and i didnt have any trouble with the law, then why is this CPS agent tellling me im unfit to raise my son??? hes LOVES it here with me and i kno i would rather starve than my son to ever even feel a stomach ache. well this has brought alot of emotional pain and just outright confusion.. one day its here's your son next they take him... thank you for the replys. also there was no warrant for anything.. i was just stupid and didnt know my rights...

  6. #6
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    Quote Quoting CPS
    View Post
    thats what i dont get!!! do they have the right to drug test the non offending parent?? and let me clarify that my parental rights were not given up, but that he was taken out of my custody. he was placed in a foster home for the weekend and my sister got him on monday. well bottom line what i want to kno is the report says that the "NEGLECT" was that there was marijuana in reach... which is a complete freeekin lie. i would never have anything like that around my son. there is no proof of any marijuana in reach. also they wrote in the report that my girlfiend "appeared to be under the influence". are they allowed to make false accusations on the report??? ive looked everywhere the web has to offer and im pretty sure they cant take my son away over a drug test. but the main question mark on my head is even if i had absolutly nothing to do with the reason the cps case was opened and i didnt have any trouble with the law, then why is this CPS agent tellling me im unfit to raise my son??? hes LOVES it here with me and i kno i would rather starve than my son to ever even feel a stomach ache. well this has brought alot of emotional pain and just outright confusion.. one day its here's your son next they take him... thank you for the replys. also there was no warrant for anything.. i was just stupid and didnt know my rights...

    Okay, let's call a spade a spade.

    You ADMITTED to using pot to aid sleep.

    You ADMITTED to your girlfriend having a MM card (and hence it's not illogical to conclude that there's pot in the house).

    Yes, CPS can demand a drug test. And yes, you are absolutely within your rights to refuse.

    CPS must abide by the law, too. You NEED an attorney.

    A message forum cannot help you...except to remind you that whenever CPS comes a-knocking, you are NOT legally required to even open the door

  7. #7
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    Quote Quoting CPS
    View Post
    i told the cps worker i smoke a lil weed but only to help me sleep. and my girlfriend has her script if it helps.
    This is the drug use to which Dogmatique alluded. Protective services will have filed a petition alleging the defects in your home environment that led to removal. What are they alleging?
    Quote Quoting CPS
    well i go to court and my son is placed with me. couple days later i recieve a call and its cps again. i call back nothing.
    What does "i call back nothing" mean? Does that mean you called after hours and did not leave a message? Was it your failure to return the call in a timely manner that led to the visit to your home?
    Quote Quoting CPS
    he hates having to go back to his mothers.
    But he's not going back to his mother's.
    Quote Quoting CPS
    oh and my son is with my sister who now due to the drug test is constently calling me a bad father and just being downright mean...
    It's a good thing that the placement is within the family. As for why you don't get along with your sister, we're not in a position to guess.
    Quote Quoting CPS
    View Post
    i want to kno is the report says that the "NEGLECT" was that there was marijuana in reach... which is a complete freeekin lie. i would never have anything like that around my son.
    I find it difficult to believe that this reference would be to the initial visit, as opposed to the return visit when they picked up your son.

    We know at this point that you and your girlfriend smoke marijuana on a regular basis. We don't know where you keep your stash. However, it very well could be that your girlfriend had been smoking marijuana at the time of the second visit, and had her kit in a location that the child could access. Also, some people forget that things like crumbs on a table, or the content of ash trays, are within a child's reach. You know from the report what they claim to have seen and where they claim to have seen it; we do not.
    Quote Quoting CPS
    there is no proof of any marijuana in reach.
    I'm not in a position to tell you whether or not they took photographs, if that's what you mean by "proof", but if the police officer and CPS investigator both testify as to what they saw, that's plenty of evidence for a court to conclude that something was present.
    Quote Quoting CPS
    also they wrote in the report that my girlfiend "appeared to be under the influence". are they allowed to make false accusations on the report?
    They are allowed to state their opinion of somebody's level of sobriety, yes.
    Quote Quoting CPS
    ive looked everywhere the web has to offer and im pretty sure they cant take my son away over a drug test.
    You have told us that they came to your house because you did not return their calls in what they considered to be a timely manner, and that the removal was because of the danger posed to your child by having marijuana within his reach. That's not "tak[ing] my son away over a drug test".

    You've been told at this point what you need to do before your child will be returned, so it's time to start doing it.
    Quote Quoting Dogmatique
    View Post
    A message forum cannot help you...except to remind you that whenever CPS comes a-knocking, you are NOT legally required to even open the door
    But when you say "no", particularly when they're following up on a parent who has not been returning calls, their next visit (assuming they don't simply make a telephone request) is likely to involve additional officers and a search warrant. Also, even under the best of circumstances, being uncooperative with protective services can have negative consequences. Battles should be picked carefully.

  8. #8
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    okay i'm starting to get the hang of this.. well the question i have is WHY??? WHY all of a sudden this interest in me?? ive done nothing wrong. i didnt get cps called on me. shouldnt the mother have to jump through hoops and me left alone?? i and yes the removal was over a "marijuana ciggarette" (written in report) and that i continue to reside in the home with my girlfriend given her past. this is bull crap. im lost in mere confusion!! should i have not taken the drug test?? and just got my son the next day or would i still be on trial cause i didnt take the test??? dosnt cps have to be called in order for there to be an investigation on me?? oh and some more information came up, turns out that my ex's boyfriend has been bad mouthing me since the beginning. since he caused the domestic dispute with my ex he found his way into the case plan. he is of no relation to my son whatsoever. no one wants him on the case plan not even my ex! appears they ended whatever they had. oh also funny thing about the drug test... I WAS THE ONLY ONE IN the investigation asked to take it!! trust me i dont look like a habitual drug user yet i feel like i have been judged as one. oh and for some odd reason the toxicity report has not been given to me. why is that?? thankkks

  9. #9
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    None of this changes the responses you received.

  10. #10
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    Default Re: Non Offending Parent Sudenly Became the Offending Parent

    oh as for the telephone tag me and county protective BLEEEP i left a message everytime. i called the social worker on the case and he told me not to worry that the mother was going to forgo her rights and i would be granted full custody of my son.. that was the last of that social worker. then the new cps investigator came in and took over.. Somthing about this case just erkks me the wrong way.. im not too law savey but i do enough not to drown. im not trying to say poor me i dont deserve this.. but come on do i?? in the report my son is just askin when his daddy will be not in trouble anymore, and when can he come home, and just talking me up like the best parent in the world!! his words fall on death ears cause no one is listining to what he has to say.. doesn't really matter cause all that stands in court is the black and white ink on the caseworkers report huh?? so case or no case??

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