Child Protective Services

[proeder1]

Dear Socrateaser,

Child Protective Services placed my two grandsons, 3 and 5, in my custody after police were called to their residence several times in the last three years for domestic violence and loud arguments.  Said children had been exposed to loud arguments and domestic violence in the home.

Son's girlfriend is addicted to cocaine.  On probation for domestic violence, abandoned children with father and left for days at a time on several occasions.  Lost 2 children from first marriage for the same reasons.  Has been arrested for prostitution.  Never held a job more than 3 months.  Bipolar disorder.

Son never had any problems before becoming involved with Mom.  Pled guilty to trumped up domestic violence charge two years ago to "get it over with".

First caseworker lasted 6 weeks.  Very sympathetic to Mom.  Second caseworker lasted 8 months.  Started out sympathetic to Mom but finally figured things out and recommended full custody for my son.  Mom went balistic.  Case was continued, caseworker transferred, new caseworker assigned.

New caseworker very antagonistic to son.  Only on the case 6 weeks.  Recommended overnight visitation for Mom in spite of her not showing up most of the time for the two 3 hour sessions a week that she already had.  Mom is homeless, lied about housing to get approved for overnights.  

Caseworker presents glowing reports about Mom's "progress.  Doing well in parenting classes.  Anger management classes.  Going to therapy.  Clean and sober for 6 months.  Taking meds for bi-polar. Says nothing in report about Dad but recommends parenting classes.  Court date is her last day on case.

Next caseworker...Says she's starting "fresh".  Like today is Day One.  Approved my son and girlfriend for overnights.  Recommended parenting classes for my son.  Two weeks later, grandson tells me they don't go to "Mommy's house" anymore.  They go to "that man's trailer."  Further questioning reveals they sleep on a blow up mattress on the floor at Mom's new boyfriend's place.

Reported this to caseworker.  She said she would follow-up.  Didn't sound very upset.  Called me back and said Mom promised to take the kids to their other grandmother's house for all future visits.  Asked her why Mom's overnights were not cancelled and she said she believes Mom will follow through on her promise and I shouldn't worry.

State of Kentucky.  All parties reside in Kentucky.  Family court.

1)  As legal guardian and temporary custodian, what demands, if any, can I make on Child Protective Services?

2)  Why does Dad not get equal voice in reports?  Reports always say Mom is "making good progress" and ignore that Dad is doing great, providing for kids, and working full time.

3)  Why is Mom getting overnights when she's staying with boyfriend and does not have a suitable home?

4)  Why is caseworker allowed to say we're starting over?  We've been going through this for ten months.  Is she allowed to ignore all previous information?

Thanks for any help you can give.  I'm new at this.

[socrateaser]

>1)  As legal guardian and temporary custodian, what demands,
>if any, can I make on Child Protective Services?

What demands do you have? I'm a little confused by your question. Please rephrase.

>
>2)  Why does Dad not get equal voice in reports?  Reports
>always say Mom is "making good progress" and ignore that Dad
>is doing great, providing for kids, and working full time.

CPS investigation is all about mom, not about dad, based on your posted facts, so there's no reason to address dad as an issue. If son is at issue, you need to tell me what behavior in son CPS is investigating/monitoring.

>
>3)  Why is Mom getting overnights when she's staying with
>boyfriend and does not have a suitable home?

Because she's mom.

>4)  Why is caseworker allowed to say we're starting over?
>We've been going through this for ten months.  Is she allowed
>to ignore all previous information?

CPS isn't a court. Caseworkers do what the policy makers in the agency tell them to do. Let's be clear...CPS can't DECIDE custody -- only a court can. And even if CPS makes a temporary administrative order placing a child, you can appeal it to a court and have a completely new hearing, during which you can bring ALL of the old CPS reports in and show how they contradict themselves. You can even pay for a new evaluation.

I think you may be worrying too soon. Has a court or administrative hearings officer actually handed out any temporary order regarding the children/parents in this case? If so, what exactly do those orders say?

[proeder1]

Thanks for the information1

With regard to question 1

>1) As legal guardian and temporary custodian, what demands,
>if any, can I make on Child Protective Services?

What demands do you have? I'm a little confused by your question. Please rephrase.

For example, the judge said if I even suspect Mom is under the influence of drugs, I'm not to allow the kids to have visitation.  This is the only advice he gave me.

3 year old was to take medication three times daily for a week for pinkeye.  Mom did not give medication on overnight and we had to start the series over.  Next week, same thing, and we had to start over.

Do I have the right to say that her visit should not take place because she isn't providing care for the child?

No court orders have been entered concerning custody for either Mom or Dad.  Child Protective Services wanted to evaluate and make recommendations.  Since then, all we get are continuations.  You may be right, maybe I'm worrying too soon but it seems that the only thing CPS is doing is killing time and trying to help Mom get custody.

My biggest fear is that they may succeed.  Mom is actually doing better.  I'm not impressed because she can do pretty well in the short term but I've never known her to stay on track for more than a year.  I'm afraid she may "clean up" enough to have CPS recommend custody for her.

My attorney says I shouldn't worry.  He feels certain that she won't be able to maintain the charade for long and the new caseworker will see the light.  I just can't believe that we're at ten months and no end in sight.  Is this normal when Dad wants custody and Mom is this messed up?

Thanks!