Desperate and looking for help....

[Edrick1976]

I don't know if this is the correct FORUM to post this here but like the title said I am desperate and I am very sorry if posting this here is not the proper format I just don't know what to do. I hope you will read all of this and email me with some advice on what CPS in Oregon can and can not do. For the record I do think that my ex-wife IS a good mother, I just think she is making her decision based on fear and I am worried that she will do something she will regret.


    I work for OMRS we deal with people with mental disabilities I have worked with this agencies for almost 5 years. Four months ago a resident accused me and one other male worker of touching her genitalis in a sexual way. This started a criminal investigation, During the investigation the deceive found out I have a 7 year old girl. Currently my ex-wife has primary custody and I have visits on the weekends. I did tell my ex-wife that their was an investigation going on and that they might want to talk with her, she was surprisedly supportive and she was surprised this was happening to me because she said and I quote "I would never do anything this stupid, you (as in ME) would lose are daughter forever".

   He talked with her at her school with a CPS worker. They did not ask me or my ex-wife if they could talk with her or not, my understanding they did not have to ask me or her mother for permission or give anyone the heads up on what they where planning on doing. After this talk they talked with my ex-wife and told her that they where concerned and they did not feel that I should be allowed to see my kid unless I prove my innocents. They convinced her to file an emergency protection order keeping me away from my child, I in turned filed a request for an hearing in the matter. The judge did not think their was convincing evidence to warrant the protection order.

   The next day my ex wife call me up and said that if I do not agree to supervised visitation she would consider giving up her parenting rights to the state of Oregon OR not let are child see her father until I can prove my innocents. She has also refused me to talk with my kid on the phone. I am in the process of filling contempt court charges against my ex-wife for not giving me my parenting time. Again I do not think she is a bad person and I hope no one think I am coming across as bashing her. I have been told by CPS that if my ex-wife DOES give her parenting rights to the state of Oregon they can and will go throw the juvenile court where the burden of prof is not as great to keep me away from my child. I have asked them if they can still do all of this when there is all ready a judgement saying my child was not in any danger and they said yes. They also told me that unless I do a sex offender evaluation to prove my innocents or as long as the criminal case is open they will do what they can to keep me away from my child.

   I have not seen my child in over a month, I have not been able to talk with her just to let my kid know that dad is ok. I have been told that I will NOT be charged with a crime because the women who made the accusation mental status does not make her a credible witness to be place on the witness stand, however I have been told the detective plans on leaving the case open for the entire 3 years to give CPS an excuse to keep me away from my kid. CPS, cops and my ex-wife keeps telling that I need to prove my innocents and I am like how can I do that when I have yet to be charged with anything. I have refused to do a polygraph and the sex offender evaluation and CPS tells me that they consider that an act of guilt.


My questions are this.
1. Can CPS keep me away from my child just because there is a criminal case open even if I have not been charged with a crime.

2. I have been told they will take are child away from her mother if she cant keep her away from me and they will place her in adoption can they do this even when I have NOT BEEN CHARGED with anything.

3. CPS recommended to the Judge during the emergency protection order hearing that I should not have any parenting time with the child because of the investigation even tho I have not been charged with ANYTHING, did this act violate my 5^th amendments rights?

4. If CPS do try to take my parenting time away from me is that violating my 5^th amendment rights? Also can they even try to take my parenting rights way from me or keep me away from my kid when I have not been charged with anything.....

IF someone could please email me a response I would be greatfull I do not have money for a lawyer I am remarried and both me and my new wife and poor and we can not afford the $10,000 retainer fee. Any help anyone can give me in advice I again would be very greatfull for. I live in Oregon as well as my ex-wife and are child. I have NOT been fired from my job just suspended from work pending the out come of this hole mess. I am am using leagle aid and they are helping me with contemp of court paper work however they are not lawyers. I have talked with almost every Family lawyer in Oregon that I could find and I keep getting the same responce we can help you but we need at least a 7-10 k retainer fee before they do anything. If it was not for my new wife who has been very suportive and loveing I would be all alone in this. Can anyone help.

[SPARC Admin]

My questions are this.
1. Can CPS keep me away from my child just because there is a criminal case open even if I have not been charged with a crime.

2. I have been told they will take are child away from her mother if she cant keep her away from me and they will place her in adoption can they do this even when I have NOT BEEN CHARGED with anything.

3. CPS recommended to the Judge during the emergency protection order hearing that I should not have any parenting time with the child because of the investigation even tho I have not been charged with ANYTHING, did this act violate my 5^th amendments rights?

4. If CPS do try to take my parenting time away from me is that violating my 5^th amendment rights? Also can they even try to take my parenting rights way from me or keep me away from my kid when I have not been charged with anything.....

1) CPS can do almost anything they want, they have broad powers and often abuse them.

2) They may be able to, and we'd recommend hiring an attorney. I know you said you cannot afford one, but there are times when there is no practical alternative.

3)  5^th amendment rights (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) deal with making statements that may tend to incriminate you. I don't see how they would apply to your situation. (??)

4)  See #3 above. I don't see how 5th amendment rights would apply to your situation.