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Main Forums => Father's Issues => Topic started by: gusgus04 on Nov 20, 2018, 04:42:57 AM

Title: Sue CPS pro se in federal court in texas? please help
Post by: gusgus04 on Nov 20, 2018, 04:42:57 AM
 i need to sue pro se for the investigator's failure to notify in a timely manner of drug test results, using previous closed with no reason to believe cases as her "evidence" to validate her harrassment, i have recorded phone call proof of her speaking with me although she stated in my investigation file that she couldnt reach me to get an extension on her investigation and get a special investigator involved to contact me, phone call proof of her stating i passed my drug test yet she hands me a written document stating i failed, used a 12 year old case as her "proven history" of drug use although i had a newer case closed no reason to believe with a hair follicle test that showed i was not using, going over 45 days without any contact with me whatsoever then just reappears and says i need to place my children and myself out of my home pending my drug test because the test she gave my husband (and said on the phone had passed) had shown he failed-which he had taken 45 days prior, threatened me in a very intimdating and forceful manner that if i did not go test right then that my kids would be removed and my rights terminated immediately and so much more i can disclose upon request. please help My e-mail address:
Title: Re: Sue CPS pro se in federal court in texas? please help
Post by: ocean on Nov 20, 2018, 02:57:20 PM
Few questions:1. Is there a current court case and a future court date?2. Who is this investigator ? From CPS- child protective services? If yes, call and ask to speak to supervisor. Ask for supervisor name/email. Send letter overnight or email supervisor with detailed time line with dates and what happened. Ask that they intervene or get assigned a new case worker.
Title: Re: Sue CPS pro se in federal court in texas? please help
Post by: gusgus04 on Nov 20, 2018, 10:55:20 PM
no court case, the investigator was from their intake investigations unit from CPS. I have emailed the supervisor and got no help. she also took part in never revealing to me the nature of the "allegation" made to get them involved in my life, refused to disclose my personal hair follicle test result to my attorney or the allegation, and according to the investigator the "supervisor" was the one telling her what to do and basically calling all the shots. after a 195 intake investigation, they have closed the investigation itself and now have me working family based services for the past four months, which i have completed everything they have requested of me except going to their drug screening/assessment- they referred me to a place where i have to arrive at 5 am to wait outside in line until doors open at 8am in "hopes" that i am one of the first 8 people (since that is all they take daily) and then sit to do the assessment until 4pm. The problem with this is a work nights at a call center, transcribing phone calls for the hearing impaired, and work from 5pm until 2am Monday through Friday, Saturday and Sunday i work 8pm to 2am. There is no way with my work schedule that I can possibly do that and be able to function properly at work the next day and we have to request time off 3 months in advance.  So my kids have been in placement since mid June with my parents, and I want them home. The investigator said that because I refused to take her mouth swab because I said I wanted to speak with an attorney before going any further then our name introductions and me allowing the investigator to see my kids were clean, alive, unharmed, and healthy so she knew they were not in any immenient danger. Since I refused the swab until I could speak with an attorney she went straight to, we had to go give a hair follicle. The hair follicle i refused to take because they had a proven case history with me of not using (including hair follicles) aside from a case 12 years ago involving my daughter when she was born-whom i gave managing conservator to my parents to and they later adopted her. My husband did however take the test, and they "lost" the results for over 60 days, although i have her on a recorded phone call telling my husband that he had passed, yet when we finally spoke to her after 90 days of no contact, she hands us a paper that says that he failed for meth and amphetimine. However it showed a negative reading for Opiods and my husband has been going to TX DFPS Pain Management Doctor prescribed medication 300mg a day of Hydrocodone (he got 90 a month for a spinal injury) when he should have had a positive Opioid reading. Also on the DFPS results and and results from the lab itself- the values read for DFPS positive for meth and amphetimines, while the lab read only positive for ampthetimines (have had several false positives due to his ADHD medication as well as Asthma and PTSD medicines) The investigator also tried to force me to take my kids in for a check up at their medical service provider, but when i refused stating i would take them to their own doctor and give her their check up report- i guess she forgot to cancel the appointment she had made with their doctor, who called me to ask why i didnt show. i told the nurse because i was taking them to their own PCP and the nurse said "oh and they will do *my 2 year old sons* drug testing?" I said what drug test? she said the testing the caseworker requested you come in for. HOW CAN SHE REQUEST DRUG TESTING ON MY NOT EVEN @ YEAR OLD SON?! Also how can she do that when she didnt even have my drug test results back.
Title: Re: Sue CPS pro se in federal court in texas? please help
Post by: ocean on Nov 21, 2018, 07:09:45 AM
Why is your lawyer not filing in family court to get custody back? Maybe file paperwork with strong statements with dates/facts in the petition that states something like "petitioner has passed drug tests and jumped through CPS hoops for the last xx weeks/months and the case is now closed. Petitioner is asking the courts intervene and allow petitioner  to regain custody. Tell your lawyer you want petition to be strongly worded.How old are the children? If they are in school are you in the same school district? Custody is in the best interest of the kids so just because you are clean now does not mean they should have to change schools/friends midyear. How often do you see them now? Are you allowed more time at your parents house? Go to the kids school and outside activities/sports events if you are allowed.
Title: Re: Sue CPS pro se in federal court in texas? please help
Post by: gusgus04 on Nov 21, 2018, 11:31:22 AM
ages 2, 3, and 5 year old boys. they have absolutely never spent more then 30 mins away from us their entire lives. we have ZERO help, no one ever offers to baby sit, one of us is always home with them, so we have amazingly strong bonds with them.  Im kinda of at a stand still with my lawyer because I still owe home some money for his retainer and actually havent even heard from him in about three months except to ask me to make a payment to him. no response to emails. he did say that i should really try to make sure everything stays out of court because once a case is filed then his fees start adding up and he knows we are on a limited income. the first month the boys we staying with my mom and dad (who are in their late 70s-early 80s) we were only allowed to visit for two hours a week, now we currently allowed to be there as much as we want- we just cant spend the night and always have to be within eyesight of either my mom or my dad. my middle son gets distraught every time we have to go home and cries frantically for hours, unable to be calmed, my oldest son has begun to act like he has lost all respect for our authority and just does what he wants, my 5 and 3 year old were potty trained and now have reverted back to wetting their pants or we catch them hiding in another room to pee on furniture or the carpet. no matter how much we try to correct the behavior they just continue to act out. my oldest wont start school for another year because of his birthday falling after the cutoff