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Child Protective Services In My life

Started by socrateaser, Sep 07, 2006, 08:07:54 AM

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Uncondishnluv40

My mother called CPS on me this weekend.
I am a single mom with 4 kids, I've lived with my mom my whole life.
I have a drug problem but not in 2 years, honestly!!

This is what happened this weekend:
My oldest 2 children were at their fathers on Friday night.
I asked my mom if she could watch my younger 2 children so I could go out drinking/dancing, I am 29. She said sure, just be back home to take care of your children in the morning.
Well, I got way to drunk and didn't come home.

She called the church and had them intervene on Sunday.
She wanted me to do a drug test, go to a counselor or rehab. I told them no.

My mom then called CPS on me and they came out and talked to my oldest children on Sunday at my exs house. Then a woman comes out with a cop and they make me take a piss test, which I passed with a slight light pink mark which she said it could have been the xanax, which I haven't taken anything honestly. She brought the test out of her HOT car, stuffed the piss test in her pocket.

Then I was told by her that I needed to come in on Tuesday to take another one. I couldn't get there I have 2 kids and so now they said that's a violation of my agreement with them and that if I don't get help and work with them they will take my kids away tomorrow.

1) Can they really come get my kids from me tomorrow?
2) I haven't signed any agreements, then why are they threatening me?
3) I can't afford an attorney because I'm already on food stamps where do I get help?
4) Do I not have any rights now?
5) They have meredian calling me to schedule a detox program which I haven't done drugs lately, do I have to go for 4 months?

I live in Gilchrist County Florida.
Please help, Becca

socrateaser

>1) Can they really come get my kids from me tomorrow?

Yep.

>2) I haven't signed any agreements, then why are they
>threatening me?

Maybe their drug test was a positive, in which case, by agreeing to take the test, you have admitted to using some drug, possibly an illegal one.

How can I say this, politely? I can't. It was a REALLY dumb to agree to the drug test.

>3) I can't afford an attorney because I'm already on food
>stamps where do I get help?

Legal Aid Society or the State Bar Association.

>4) Do I not have any rights now?

I don't know what your drug test discovered. You have rights to the custody of your kids, but not if you're committing a criminal act that puts them in harm's way -- like doing drugs and staying out all night.

>5) They have meredian calling me to schedule a detox program
>which I haven't done drugs lately, do I have to go for 4
>months?

Are you already in a criminal diversion program? If so, then that's why you're in as much trouble as you are in. And, if so, then you need to stop posting anything here, and contact a criminal law attorney, because you may inadvertantly say something here that will be picked up by your local prosecuting attorney and then you will be toast.

>I live in Gilchrist County Florida.
>Please help, Becca

I know someone named Becca. I sure hope you're not her.

Uncondishnluv40

1) They said it was a faint pink line. The CPS lady said it could be from Xanax, which I don't take. I guess this is why they wanted me to come back in on Tuesday correct?

2) Are you already in a criminal diversion program? No I am not in any criminal diversion program.

3) I will contact 3 Rivers today for free legal advice in my county. But this won't stop them from taking my kids away from me today if this happens correct?

Thanks for your help. And I agree it was DUMB to agree to the test, but I knew I was innocent and there was a police man there and I felt threatened.

No search warrant or court order either. I didn't know what my right were at all. And it looks like it might have been the church calling them because I admitted that I had a drug problem 2 years ago. I did warn my mom that if all this comes up false and she was the one that called the CPS that she would be held in contempt.

4) Am I correct in this?

Uncondishnluv40

One more question.
My youngest daughter doesn't have a father that I claim. My other 3 children would go to their fathers.

If I have my oldest sister take her and she can't find daycare,
1) Will the state help her find someplace for her and pay for it?
2) If I sign her over to her as a relative and she can't find someone to watch her can she sign her over to my brother and his wife without the state being involved?

Thanks again.

socrateaser

>1) They said it was a faint pink line. The CPS lady said it
>could be from Xanax, which I don't take. I guess this is why
>they wanted me to come back in on Tuesday correct?

Yep.

>
>2) Are you already in a criminal diversion program? No I am
>not in any criminal diversion program.

OK.

>
>3) I will contact 3 Rivers today for free legal advice in my
>county. But this won't stop them from taking my kids away from
>me today if this happens correct?

No, unfortunately, you're on the defensive now, so you need to have legal counsel ready to go to court and ask for the kids to be returned, if CPS takes them.

>
>Thanks for your help. And I agree it was DUMB to agree to the
>test, but I knew I was innocent and there was a police man
>there and I felt threatened.
>
>No search warrant or court order either. I didn't know what my
>right were at all. And it looks like it might have been the
>church calling them because I admitted that I had a drug
>problem 2 years ago. I did warn my mom that if all this comes
>up false and she was the one that called the CPS that she
>would be held in contempt.
>
>4) Am I correct in this?

You have no case for contempt against your mother. You may have a case for false reporting or intentional/negligent infliction of emotional distress.

As for a drug problem two years ago, this doesn't mean that you have one now. Once again, I don't know what the faint pink line means, but it could be just a means by which CPS tries to scare you into walking the straight line. So, I'd try to find out the answer to the test question first, so you can see whether or not you're being bluffed.