Postponing a hearing

[amymarie]

I know this probably isn't the correct place to post this question, but I'm putting here because the other post that it deals with is here (possible child abuse).

So the hearing for the protective order against the mom and great-grandfather is on Monday.  However, CPS still hasn't done the forensic interview because the caseworker they assigned to the case was on vacation this whole week.

Do you think that if we ask the judge to continue the hearing until after the forensic interview has been done, he will?  We don't want him to dismiss the PO just because we don't have 'proof' that anything happened when it's not our fault that CPS hasn't investigated it yet.

Or do you think the judge will go ahead and put the PO in place since that is CPS's recommendation?  I'm seriously having anxiety issues over this and DF is so distraught that he's doing everything he can to NOT think about this....

[ksmarks]

Wow! Talk about stress!  Okay, In hale and let it out  (reccomend repeating several times).

What did CPS say any thing?, They do know when the hearing is don't they? 

There are a whole lot of things that can happen. 


Here we would have an initial appearance and if the court thought it had any merit, he would reschedule for a later date.

Issue is you just have to keep it together and try to act as normal as possible infront of and around the child.  The ball is in play and you will not know a definative answer until Monday, so you are better of having faith until proven otherwise, and enjoy the child for the weekend.

Chin up and I will keep you in my thoughts and prayers!

K

[amymarie]

The CPS caseworker in TN called DF and was like, "Ok, tell me what you want to tell me" (exact words).  I honestly think he was just trying to get the phone call over with since it was two days before his vacation.  DF asked about the forensic interview and the guy said he would take care of all of that.  We didn't get the temporary protective order until Friday, so no, the caseworker doesn't know when the hearing is.  But DF did call and talk to his assistant, so she knows.  But she said that the caseworker is the only one who can arrange these things (why they gave our case to someone going on vacation, I'm not sure). 

We are acting normal towards the child.  She is acting completely happy and normal, although a bit more clingy than usual.  She has not asked about her mother once, which I think is kind of sad. 

We already had the inital appearance, that's how we got the temporary protective order.  This hearing is to turn that into an extended temporary order which has a minimum of 1 year and a maximum of 10 years.

[ksmarks]

I am certain that you are trying to act as normal as possible, yet close friends would most likely tell you later that you were both on the verg of falling about!

The Judge can scheduled additional dates if required, and If the CPS worker assigned has an assistant he should find out as soon as he comes in to the office on MOnday.

With the economy and all of the budget cuts all of the social service sectors up here are running short staffed.  That would be my case in your area as well.

My Mother in law used to have a plaque hanging in her bathroom that read "Don't just sit there worry!" 


I am not cetain what you can change by fretting, so I will again encourage you to play with the baby.  Is she old enough to make cookies, or cup cakes?   (Well loved play-dough).


Best of Luck!

K

[ocean]

The temporary order will have a year from now date on it. It can be canceled at any time during the year from the courts. It also can get renewed after the year depending on the issues.

Do you think mom will come with a lawyer? If so, they may try and say that she will keep child away from Grandpa until the charges are investigated.

Did the other person at DSS say they will send someone there? Do you have a copy of a report that states that child should remain with you?

[amymarie]

The temporary order is only good from the date the judge signed it until the hearing - it is an ex parte order.  The hearing will determine if it will be put into affect for a year or not.

I am sure mother and great-grandpa will come with a lawyer.

Nobody has said they are coming to the hearing because the hearing is in TN and TN CPS has not even started their investigation yet.  GA has gotten statements from my DF and have done a physical exam, and yes they did write a letter saying the child should stay in the care of the father (my DF).  They said the judge can call them if he wants to verify the validity of the letter.  The letter was filed with the TPO paperwork along with the police report.

I am sure she will say she will keep the child away from Grandpa but that doesn't mean she will or that she won't try to talk to the child and try to get her to change her story.  Great-grandpa pays all of mom's bills and gives her free housing and food.  Mom doesn't work or go to school, so of course she is going to want to protect her provider.