All right? Notice, what they call legal notice must be given to the mother and all presumed or alleged father or legal guardians must be given to the child itself, the adult siblings and the siblings subject to the jurisdictions. Can CPS be sued if they falsely tried to establish a family tree without contacting anyone? The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. And one of the appropriate [0:53:06 inaudible] might be, “Hey, the child — the 15-year old child and the mother must go in a counseling together, must talk with a counseling so they can talk to their problems,” and then hopefully she’d come back for and maybe she’ll realize what she’s done. CPS can keep your child for a minimum of 1 year and a maximum of 18 months. They interrogated them to a degree where my son was so scared. If CPS makes that removal, and you disagree with their decision to do so, then you have the right to have a hearing in court (called an “Adversary Hearing”), no later than fourteen (14) days after that removal of your children occurred. Vince Davis:  Okay. Let me tell you what a 730 evaluation is. If the date is more than a few days away, find out why and request additional face-to-face visits. Answer. Selena:  No. So if a case is filed against you, you’re going to the California Superior Court System, depending your county and where your location is. On the website, Talk Radio Experts, requesting of several blogs. It's not easy, though. Do you have any information regarding treatment of the child, or the child's current whereabouts? Nicole:  Okay. And then when you call me, the child has already been taken and called an attorney, you are behind the 8 ball and it’s going to be more difficult to get the child back or it may take a longer period of time to get the child back. The child in this case — I think was about 5 years old and was strongly bonded emotionally, psychologically and physically to the parents and removal of this child who’s such minor, when I call minor things, would probably do more harm than good. document.getElementById('cloak58c39d5e22a27a0aaa1bbf6eeb2c3ce6').innerHTML = ''; They have the main juvenile dependency court which is on County Farm Road in Riverside itself and then they have a courthouse in Murrieta, a courtroom in Murrieta in the Murrieta Courthouse. In my practice, coming Monday, I have a meeting with a social worker and my client in the morning and then in the afternoon at a totally different location, I think that’s even in a different county, I have a meeting with a social worker and their attorney. On Saturday, November 11th. /Houston Press. Cunningham Posts: 1,309 Member. Getting Your Children Back from CPS. If your child has taken into custody by the social worker or by the police, the initial hearing in the juvenile dependency court must be held no later than the next court day. For a more detailed discussion of these topics, see “When can Texas CPS remove a child from your home? Now that CPS has taken your child, learn HOW to get them back! I had trouble hearing you. They are also supposed to give you notice of the detention hearing. Vince Davis:  Well, I wish I could give you some advice on that, I just don’t know Minnesota law. Write a letter to DFPS. Go to the bottom of this page to learn how. Child was about 6 or 7 and it’s the form of discipline that mother had been spanking the child. And do you want me to call you on Monday? Family law attorneys can specialize in many different disciplines (e.g., divorce, adoption, custody) so be sure you find one that specializes in juvenile court processes and custody issues. Vince Davis:  Well, thank you very much, Serena. There are no costs for you to request your records. Generally, they tell you to be in court with your first appearance about 9:30 on your first court day. CPS Took My Child Months Ago. The CPS may investigate further and then either the case worker will work with you to make sure it safe for the child to return or CPS will seek a court order to keep the child and at that time you will have notice of the court proceedings to tell your side of the story to the court and the court will decide after the hearing what to do. We asked for a trial in the beginning, a speedy trial but we didn’t get a trial until last month. His number ends in 1521, they have been on hold since before this show started, so I’m going to take their call now. So it’s my opinion that the tail does not wag the dog and 15 year olds don’t necessarily get to determine where they should live or what they should do. But generally, in most cases, a worker does not take the child away unless they have a court order or a warrant. Now, there’s no connection or there wasn’t any connection between the mother using a belt to discipline the child and drugs. {TAG: free seminars}. The last we were talking about, we were talking about who’s supposed to get notice and I mentioned to you that the District Attorney is supposed to get notice. Maybe your ex-spouse got custody after your divorce, or child protective services removed them from your home for cause. Vince Davis:  There’s a lot of people that work in my office and they will know we had this conversation. Petition for custody. She saw me. Vince Davis:  Is the CSW that left the department willing to testify against the department? Unfortunately, in a lot of the cases and if she continues to do it, you may lose permanent custody of her. What’s your first name? From several offices located in Los Angeles County, San Bernardino County, Riverside County and Orange County, we serve the communities of Arcadia, Beverly Hills, La Mirada, Los Angeles, Santa Ana, Rancho Cucamonga, Pasadena, Glendale, Ontario, Azusa, Covina, West Covina, Anaheim, Long Beach, Downey, Whittier, Santa Fe Springs, La Habra, Diamond Bar, Yorba Linda, Tustin, Costa Mesa, Monrovia, Duarte, and Sierra Madre, California. In California, taking away your children is supposed to be a last resort and in a lot of cases, the social workers are willing to work with you but you just have to make sure that you control the information that you give them. Nicole:  Yeah. I don't think so. We went to court and are taking this to trial since the basis for their removal was false. No one had said anything about the parents are using drugs and they can’t take care of the child. And in this particular case, this might be a good idea — you need to talk up with your attorney about it, this might be a good idea to have the child and you undergo a 730 evaluation so that some expert can get to the bottom of what the problem is. Vince Davis:  Bye-bye. CLICK HERE TO OPEN A DIFFERENT COURSE Or…you can … Sarah:  And that CSW left the department. Vince Davis:  Did he allow her to go out on dates where you wouldn’t? So my advice is just don’t talk to the social worker or the police authority because unless you talk to them, they can’t get any evidence against you to take your child. Find an attorney. If your child is being removed, give the CPS investigator a list of friends or family the investigator can call to take your child until the investigation is complete. Example. Answer. CPS can remove children from the home. But do you fight the government to prove your civil rights were ignored, or do you focus on getting your kids back and a cessation of CPS harassing you? However, in a relatively new law, I think less than 12 years old, social workers can go out to your children’s school and talk to them without your permission. Answer. Earlier I’ve said you should probably not talk to the social worker. The problem is is what they don’t realize is that social workers are trained professionals, they are trained investigators and they’re trained to find out if there’s abuse or suspected child abuse. Hello, you’re on the air Attorney Vincent Davis, get your kids back now. How To Get Your Child's Medical History Most of what you are reading in this course is just for telling you what to do and not do while you are under CPS's control. Aryeh Patterson:  My children aren’t juvenile. Thank you. What I did was I — they called me and I met with the social worker and a couple and the social worker’s attorney and I convinced them that perhaps the father could take a drug or a substance abuse class on his own, that he might test through urinalysis periodically for the social worker and that both parents would take the parenting class. Selena:  So thank you. Office: CB Categories: Child Welfare Topics: Child Custody. I know there are lot of cases that I’ve seen over the years where children make statements about abuse or alleged abuse because they don’t want to be return to their parents’ home where there are rules and regulations. Sarah:  No, these were families that pleading for open, so they were in dependency court and the one supervisor knew that these families were innocent and continue to pursue and for all of these families has caused separation with the child who originally made the false accusation and the case is just kind of ended up a year or two years later being dismissed for lack of evidence but it destroyed the families. These laws vary by state, but they err on the longer-term in an effort to more fully protect victimized children. Many parents in your situation will wonder why your child didn't tell you. Vince Davis:  Oh, yes, I can, Serena, how are you? The judge is going to make orders to hopefully get the two of you back together because that’s the goal of the juvenile dependency system. It’s 888-888-6582. Let me try to see if I can take a couple of calls before we left. Tell me what your first name is. How Long Does a CPS Case Stay on Your Record? Now, each superior court in each county is divided up further and they’re divided up into different departments. They do so when the parents of those children have demonstrated that they are able and willing to provide their children with a safe home. Hello. Vince Davis:  Are you in counseling or conjoint counseling with her at all? So I think that just not having the right knowledgeable attorneys kind of also lead this for longer. The social workers wanted to file a case against him and his wife for the suspected inappropriate physical discipline and the drug use, alleged drug use. When can Texas CPS remove a child from your home? Vince Davis:  Okay. Check out my YouTube> 3. Find out what you need to do to get your child back into your care. they have violated our rights in so many ways. The County of Riverside has the Riverside Superior Court. 730 refers to Section 730 Evidence Code and in a lot of cases, both family law, criminal, juvenile, there is a list of 730 experts who do psychological evaluations of people for court purposes. So if you are ever involved in a child abuse case or suspected child abuse case with the Department of Children and Family Services or with Child Protective Service, please know that there could be criminal implications, hence the further advice, don’t talk to social workers because that information can be used against you in the juvenile dependency court. But, since the reward for doing those things is having their children returned to them, what reasonable parent would not try his or her hardest to do them? Vince Davis:  And unfortunately, there is a problem, it may be all her fault, it may be all your fault, it may be a little of both, who knows, but there’s a problem that somebody should get to the bottom of and discuss so that you guys can get back together because I can tell you now, you know, five years from now, she’s going to regret what she’s doing but it’s going to be too late. Vince Davis:  Okay. Now, he’s afraid, he’s afraid that if she comes back, she might say something about him. And it’s the social worker’s job and duty to try to investigate that. But if your state doesn't have that option, you can print the form and mail it to your state's agency office. It also: provides services to children and families in their own homes; contracts with other agencies to provide clients with specialized services; places children in foster care; provides services to help youth in foster care make the transition to adulthood; and places children in adoptive homes. She doesn’t want to be there and the case is involving her alleging that I hit her. Selena:  She is placed with my brother that at that time I thought it was suitable for her but now, I don’t think so. You need JavaScript enabled to view it. Share. Now, he was married to this teenager’s mother and they had a new child together, a little boy. sassecat Posts: 24 Member. {TAG: Los Angeles County Court}. Calls are backed up so I’m going to take another call with a person who has a telephone number ending in 3783. Judge Michael Duncan (1st Judge): Willfully ignored the parent's request to have a second doctor's opinion on the pediatrician Dr. Julie Koch's claimed "forensic" examination - which concluded that there were NO injuries whatsoever discovered yet she still claimed that the spanking to the child's behind was an abuse. Right now, there’s nothing between me and her because she’s refusing to have any, any type of contact with me but I am going through my own individual and parenting classes on my own. {TAG: don’t talk to social workers}. Now, I’m getting messages that there are several other people in the call waiting to be heard. Vince Davis:  Okay. {TAG: finding a private attorney}, Nicole:  Yeah, I think that the first one didn’t and the second one, she kind of did, she used to be a — one of the free attorneys that they give you if you go into the courthouse and you don’t have an attorney, she used to do that, then she opened her own office, I hired her next and then she even have complications with my case because she had even said that she felt like because they didn’t like me in the courthouse, that I’m not getting treated fairly. Unless the court orders differently, the goal of HSA is to reunify you and your child. If this happens to you, know that there are steps you can take to have the decision reversed and win back custody of your children. And in a lot of situations — and I must admit, I haven’t done it myself enough times like I should, but you can argue that the case be thrown out if you think the social worker violates that rule. If someone is calling CPS with false claims, they are pretty low life for doing so. Well, when the PCA found out that I want to going to fire her, she went to Child Protective Services and told them that I had stunned my son which I had never ever, ever, ever done. Vince Davis:  Conjoint, that means you and your child together. You’re on the air with Attorney Vincent Davis with TalkRadioExperts.com. And that report can be ordered. Vince Davis:  Basically what you’re telling me is crimes had been committed. BEGIN TRANSCRIPT (Radio Show Transcript from Nov 14, 2015 Air Date). We have a caller on the line right now. Nicole:  That I didn’t want anymore? 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