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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Angry Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    To give you the full story. Last Thursday I go up in the morning and did some xmas shopping and went to work. While I was at work the Mrs. was watching my daughter. She had to use the bathroom at one point and while she was using the restroom my 4 year old sneaked out of the house. One she was done using the bathroom she looked for my daughter and realized she was no longer in the house and seen that my daughter left the back door opened. She ran outside seen neighbors kids and asked them if they seen my daughter. They told her she went into the mountains behind my house. The Mrs panicked and ran into the wood to look for my daughter in doing so she found her self lost and it took 2 hours to get back out and call the police. The good news is my daughter didn't go into the woods she walked about a block down chasing her cat and was caught by a policeman. He turned her into Child Protection Services. The Mrs was arrested for neglect. I personally feel it wasn't neglect that panicking and exercise in poor judgment.

    The thing that bothers me with me having no questionable past did Child Protection Services have the right to take my daughter without contacting me. To my understanding the child must be in imminent danger, meaning that the endangerment was planned, waiting to happen, or willful. Which I had none of that against me with my not even being in house. Also I thought it required a court order. I personally feel my right as a father was violated. I thought they had to legally contact me in an event like this. Am I wrong in feeling this way and do I have any legal rights I can go after them to get my daughter? Any suggestions would be appreciated.

  2. #2
    panther10758 Guest

    Default Re: Did CPS Have Legal Write to Take My Daughter Without My Being Notified

    CPS made their decision based on what they knew. You dont have to agree. CPS objective is protection of child!

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    A four-year-old wandering alone, unsupervised on a public street is in imminent danger. Even had the police tried to return your daughter to her home, they would have found it empty.

  4. #4
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    I hate to say this, but if you didn't have an attorney at your show cause hearing it's going to take awhile to get your child back. They will order you to do parenting classes, drug testing, and a at least a one evaluation.

    CPS is not was it was intended for anymore. A kid going out side is not abuse or neglect it just happens to us all at one time or another.

    start a log of everything, and keep quiet.


    I wish you the best of luck.

  5. #5
    Join Date
    Jul 2008
    Posts
    471

    Default Re: Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    lost in the woods behind your house for 2 hours? And you bought that?

  6. #6
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    Quote Quoting kist
    View Post
    lost in the woods behind your house for 2 hours? And you bought that?
    Thank You! Lost in a nap is more like it!

  7. #7
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Did CPS Have Legal Right to Take My Daughter Without My Being Notified

    I had something like this happen where my 1 1/2 year old got out the back door. I went out to look for him and he was nowhere to be found then ran into somebody who asked me if I called the cops yet and he was gone less than 5 min when I called the police. He was found with in 5 more min. Cps was never called probably because I noticed he was gone quick and he was found quick. The cops said it wasn't the first time something like this has happened and probably won't be the last either.
    What cps is taking issue with is that it took 2 hours for her show up. Your going to have to get the witnesses that saw her go out to look for her testify in court. If a neighbor said to her your daughter went into the woods that neighbor saw her out looking two hours before. You have to prove your wife was out looking for the child and got lost that would be how to drop the charges.
    Cps doesn't have to notify you they took the child. Sometimes cps picks up kids at school to avoid a scene and the parents don't know until the child doesn't come home on the bus. As long as they had removal papers signed by a judge what they did was legal. You and your wife should have had a 72 hour removal hearing and be assigned legal councel for that hearing. You may be able to get the child back since you were at work (unless they charged you with something too but she might have to move out for a while until she completes services. If you have family that qualifies you should be able to get the child placed with them in the mean time.

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