Written by My parental rights were terminated by a referee in LANCASTER, CA on JUNE 25th 2012. I need to know if there is any way I can get my son back, or get visitation, it seems this situation is hopeless. Even if it is hopeless I will not rest until I know my son is okay.
I am trying to understand the appeal process and rehearing? I don’t know which papers to file, and I can’t find a decent attorney that even gives a shit to even look at my case without a $10,000 retainer. I am not going to be ripped off by another whack job from honolulu that I trusted, but later find out he was never on my side all along.
http://youtu.be/YOvQo-zloeA
I was tricked into signing a waiver of rights, and was late for my TPR contested hearing and they proceeded to terminate my rights without me. I can’t even look at my own child’s file anymore. I will not give up! If I have to I will die fighting this unjust system.
We were not even granted a “goodbye visit.” I never got the chance to explain to him what was going on, let alone talk to the judge throughout this whole case to tell my side of the story. The social worker would cut visits off if I even started to explain to him or tell him that I love him and will never give up on him, that was considered details of the case which we were never allowed to talk about.
Wes is 5 years old and was taken from me in Sept 2009. I’ve been fighting for 3 years to get him back. But I am only a mother, one person against all these wolves. They don’t play fair, and I didn’t go to any law school, and all this rules of court, welfare code, is a different language to me. My brain feels like it wants to explode. My heart feels shattered, and my soul is handicapped from the piece that is missing.
His father is in prison until 2014 and has only been established as the “alleged father” Because I had no idea he didn’t have rights until paternity was established, and I don’t have any clue on how to go about doing that.
I went through the rehab and parenting classes, and the grief counselling, and whatever else I understood the court asked me to do. And then they yanked everything I had been working for the past 9 months with one missed test. And with only a couple month to do what it had taken me almost a year to do, the Court ordered me to do it again. My life has been hell ever since, even more now that I am not allowed to see my son anymore, and I don’t know if they have moved him again with another strange family.
Please do not excuse my pleading for help as just a request from another worthless drug addict that can’t take care of her kid, because that is what the record seem to look like and what society pictures when I try to explain the situation.
I now realize that they were building my character in the record from day one and the lies they told to make me look crazy to restrict visitation, so they could make visiting miserable only under their supervision.
My son is everything in my life, and they can’t deny that. Every visit up until the end was explained as excellent, and well planned for. In that alone should of been evidence enough to grant the “parent and child bond that would be detrimental to terminate”… but nobody seems to care about anything besides the money.
The department did not make “reasonable efforts” There is nothing reasonable about this whole thing. The department and adoption company “PennyLane” have put us both through hell, and set up obstacles to sabotage reunification. If you don’t believe me, just ask any parent that has been forced to prove themselves to the California juvenile court.
There was no evidence that this mother physically or emotionally abused her children, or neglected the children as to feeding, clothing and maintaining his health. Additionally, when initially contacted, and before intervention by the CPS, mother owned her own home, was not on public assistance, and the child was up to date on all immunizations, and thriving in the home.
I don’t know what evidence I had to show to these people to prove that. It would of been obvious to anyone that actually took the time to personally assess the situation, but it seems that this case is nothing but a file to be pushed on to the next guy, and just another number.
This is my sons life, and my life, and our family has been torn apart by this crazy system. It just almost seems unreal.
Can you please help me in the appropriate steps that I need to take for justice to be served? If you don’t believe that you can help please pass my information to anyone that might be able to help me. I’ve got another promised date to enter another rehab in a couple weeks. Not sure if it will do any good, since my rights have already been terminated.
I need the best appeal lawyer I can find as soon as possible that will not take no for an answer and he needs to have heart. I also need someone to personally explain all this procedure. Also, I wish for anyone to go over this case and find errors that are appealable. I also need a miracle.
Thank You for your time and concern, and God bless.
Respectfully,
Paula, California
http://youtu.be/BZf-kLLE6KI
Sadly, Paula, CPS treats families under the presumption of guilt, not innocence. This means that even if every charge they throw at you is 100% false, it is your responsibility to “prove” that they’re wrong. How do you prove a negative? This has eluded even science.
There’s a timely article (and book) on the issue here:
http://blog.reliableanswers.com/2012/07/12-mistakes-that-could-land-you-in-jail/
I just recieved the “last minute information” report from the social worker in the mail….. I am so frustrated by these evil liars… I guess they wanted me to go out with a BANG!! This is the worst one yet… I cannot believe the levels these demons go to to run my name through the dirt…. …… How am I even supposed to have a fair chance at an appeal when I look like a Psycho on the record??? I have video of this last visit they are referring to… And how do I post pictures on this website??? And Can anybody give me a list of attorneys email addresses???
He was such a happy, and healthy baby before the department removed him from my care. Considering this child’s young age, Further efforts could have been made to keep him in his home, and prevent the developement of any attachment disorders. Instead he was ripped away from his loving family, justified by what the department’s assesment and what the court considers future ” risk of physical and emotional abuse.”…. And now obviously as a result from being seperated, and placed multiple times with different fostercare providers, he has been hurt emotionally, and allegedly developed some behavioral issues.
Immediately after removal the first foster care provide, Sonia stated that he refused to eat, wouldnt sleep in his bed, and cried out mommy several times during the night.
This evidence alone should have given reason to result the issues while allowing Westin to remain at home with his mother in whom he was attached to. Reasonable Efforts have not been made.
The Department, with the help of Penny lane, have done an exellent job of falsely creating an aura that mother is explosive, irrational, and displays behaviors that cause the department much concern….
…But who wouldnt after being forced to endure the hell that they have put me through?
I am being truthful when I state that the department and Penny Lane play tricks, and create several obstacles, for just one example canceling visits I was allegedly too late to attend, but never informing of what time those visits were scheduled.
I am telling the truth when I state that I have never “attempted to abduct my son” or at any time “showed up at the confidential placement, pounded on the door, and demanded to see my son”. Niether have I threatened anybody through out this case.
These are false statements in attempt to regulate and restrict visitation, and deteriate the bond between mother and son.
From the begginning this case has been unfair. I was never informed of my right to contest any false allegations, or appeal any decision that I didnt agree with.
Mr. Love advised me to keep quite in the Court room, as I kept my composure while these people told lies about me. He assured me that “we didnt want the judge to look too much into the details of this case, and it was no big deal because everybody knows that the department lies”. I was also assured that filing an “Intent to writ was good enough”, and informed that I would be charged an extra 1500 dollars if I wanted a writ done…. So I wrote it myself.
I believe Penny Lane and the Department has also failed to advise the current foster mother of her rights, and fail to give her notice that is required.
The department has also failed to search for other family members for possible placement.
Maternal aunt Joan dubose has been denied visitation, despite Court orders to provide her with visitation.
In phone conversation with Tania P**** she tells me that she is willing to take guardianship if it was allowed, but the department will not allow it because they have reason to believe that mother knows where she lives, and it would place the child at risk.” Tania Pettit also states that she is not threatened by me, being that I have never shown up at thier home, and never bothered, or harrased them.” After my son being taken from me again, and the incident in October, when my dog was killed, I was having a very hard time coping with it all..
I was later accepted into Acton in which one of the conditios before entering the program was all Pending court cases must be resolved.
Unfortunately the Court would not adjuvinicate the matter to allow me to enter the program. At that time I was placed back on a waiting list.
My intentions were to take the matter to trial, but on the day of pretrial my public defender asked me ” Do you really want to risk it with your son in the system?”
So I took a deal and was sentenced to rehab, knowing that it was what was the dependency Court has requested as well.
The criminal record provided in the Departments report was made to make me look like a habitual criminal, when in fact every incarceration is based on the one original charge. I was pulled over for speeding while I was on my way to Westins visit, and then incarcerated because of a warrent that had developed on that same case.
Because of my uncle’s recent death I was released on work release in order to adress the issue and make funeral arrangements. I then returned to finish the remainder of my sentence on the same original case in which I am now in compliance with the terms of my probation.
There has only been one single conviction in the past year. Again the department is trying to paint a picture of a detrimental parent.
Driving under the influence with Westin in the car was a mistake, but one mistake doesnt make me an unfit mother.
It may be true that the social worker believes that it would be in the childs best interest to eliminate me from his life and place him with another stranger.
But she has not given much time in trying to get to know me, judges my character by what has been written in my file before she was assigned to this case, and bases her finding on what she percieves as” best interest ” because of her past experience in being raised in the Foster care system as a child herself.
Being a social worker it is only her job to ensure westins safety, but as his mother it is my God given lifes purpose.
It may be that I am just very misunderstood by anyone that has attempted to assess the situation, but there is one thing that none of them can deny- is the love that my son and I share…..
… And Love endures all things.
I object to the Termination of my Parental rights because Westin is my blessing from God, and a part of me.
I assure this Court that despite all struggles I continue to plan for his return and his future.
I am so sorry to hear of your struggles. They are similar to my fiance’s case, and several others I know of. I don’t know of any lawyers in CA but you might be able to find one doing a google search for family law. In CT, we just learned yesterday, after it was too late, you only have 30 days to file an appeal to TPR. Best of luck to you, my prayers are with you and your little boy.
An attorney I talked to today told me that it was my public defender’s reponsibility to object to all of these lies at the time they were stated to the court….
If there was no objection then the record will be assumed true by the appeals judge…..
I am totally screwed.