My name is Brianna and I am the mother of a 3 year old child. I currently reside at a woman and family shelter after fleeing from an abusive relationship. Originally CPS did an investigation because a daycare staff reported strange bruises on Emily's thigh and bottom area but no further investigation was done because there was no abuse nor neglect discovered. she is an active 3 year old who also can throw very violent temper antrums.
Some time months later I got sick and had a bad reaction to a medication I am on for bipolar and depression that I was court ordered to go into a psychiatric hospital short term. My medications were adjusted and I was released but not before CPS came by to find out what was going on. Shortly before this I was given a drug test routinely because I was trying to transition into a independent living program. I tested positive for PCP and amphetamines. My medications caused false positives that were looked into by the staff here and verified by my doctor that yes my medications can cause false positives
CPS told me that since there was no dependable person at the shelter and since I have no family here cps wanted me to sign emily over temporarily but I was informed if I agreed then I would need to go to court and ggo through that process to get her back. I was released from the hospital and went to my first court date. The judged decided he felt I should get myself in a more stable envierment and get resources like parenting classes etc.
During the court hearing the drug test and bruises where brought up and I gave the judge a letter from my doctor stating that my medications caused the false positives and the CPS investigator told the judge that the investigation on possible abuse from the bruises were stopped because there had been no abuse. This first court hearing I did not have a lawyer nor any idea what I was supposed to do because I never had to deal with court. Since then the CPS worker originally involved had been replaced with an actual CPS social worker. The first one was only an investigator.
I met with the new CPS worker for the first time and she discussed my case with me. she told me that she wants to create an action plan to have me complete and a judge would have to be the one to decide if I am fit enough to have my child back. The cps worker disregarded the fact that the investigator didn't go further into the investigation over the bruises because it was determined that there was not abuse. She also disregarded that it was false positives from my medications. She brought those up in the reasons I may not be a good and fit mother.
She stated she is doing a search for Emily's father because she said he has rights to his child though we are not married. She told me he would be given the same action plan to complete as I if he chooses to step forward and in the end a judge will decide which of us is the most fit to take Emily. Emily's father is an illegal immigrant and I can't imagine why a judge would consider him if found. The whole thing is, is that I have done nothing wrong. All the staff here at this place I am staying at are all supporting me on this and trying to advocate for me that I am fit enough to take care of Emily and that there is no reason for her to be in foster care.
I don;'t abuse her, she has never been neglected, all that happened was I got sick and it wasn't my fault. I don't do drugs and that can and has been verified. I even have the investigator from CPS on my side and she had hoped I would get Emily back that first court date. So I am in a situation with my child that we shouldn't be in because I had done nothing wrong and what happened was not in my control. I am angry and want to know what my rights are concerning my child especially when there are no reasons to believe that Emily would be at all in danger if she was in my care, she never was in danger in the first place. What should I do???
What options and rights do I have in this situation??? The just can't keep my child from me as they are when I had not done anything wrong. I have my next hearing September 1st and I will make sure I have my lawyer with me. How can cps keep my child from me and treat me as if she was taken from me due to abuse or neglect and I being an un-fit parent. Any advice and help is greatly appreciated.
Some time months later I got sick and had a bad reaction to a medication I am on for bipolar and depression that I was court ordered to go into a psychiatric hospital short term. My medications were adjusted and I was released but not before CPS came by to find out what was going on. Shortly before this I was given a drug test routinely because I was trying to transition into a independent living program. I tested positive for PCP and amphetamines. My medications caused false positives that were looked into by the staff here and verified by my doctor that yes my medications can cause false positives
CPS told me that since there was no dependable person at the shelter and since I have no family here cps wanted me to sign emily over temporarily but I was informed if I agreed then I would need to go to court and ggo through that process to get her back. I was released from the hospital and went to my first court date. The judged decided he felt I should get myself in a more stable envierment and get resources like parenting classes etc.
During the court hearing the drug test and bruises where brought up and I gave the judge a letter from my doctor stating that my medications caused the false positives and the CPS investigator told the judge that the investigation on possible abuse from the bruises were stopped because there had been no abuse. This first court hearing I did not have a lawyer nor any idea what I was supposed to do because I never had to deal with court. Since then the CPS worker originally involved had been replaced with an actual CPS social worker. The first one was only an investigator.
I met with the new CPS worker for the first time and she discussed my case with me. she told me that she wants to create an action plan to have me complete and a judge would have to be the one to decide if I am fit enough to have my child back. The cps worker disregarded the fact that the investigator didn't go further into the investigation over the bruises because it was determined that there was not abuse. She also disregarded that it was false positives from my medications. She brought those up in the reasons I may not be a good and fit mother.
She stated she is doing a search for Emily's father because she said he has rights to his child though we are not married. She told me he would be given the same action plan to complete as I if he chooses to step forward and in the end a judge will decide which of us is the most fit to take Emily. Emily's father is an illegal immigrant and I can't imagine why a judge would consider him if found. The whole thing is, is that I have done nothing wrong. All the staff here at this place I am staying at are all supporting me on this and trying to advocate for me that I am fit enough to take care of Emily and that there is no reason for her to be in foster care.
I don;'t abuse her, she has never been neglected, all that happened was I got sick and it wasn't my fault. I don't do drugs and that can and has been verified. I even have the investigator from CPS on my side and she had hoped I would get Emily back that first court date. So I am in a situation with my child that we shouldn't be in because I had done nothing wrong and what happened was not in my control. I am angry and want to know what my rights are concerning my child especially when there are no reasons to believe that Emily would be at all in danger if she was in my care, she never was in danger in the first place. What should I do???
What options and rights do I have in this situation??? The just can't keep my child from me as they are when I had not done anything wrong. I have my next hearing September 1st and I will make sure I have my lawyer with me. How can cps keep my child from me and treat me as if she was taken from me due to abuse or neglect and I being an un-fit parent. Any advice and help is greatly appreciated.
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