Defending CPS cases

There is a general plan when I deal with a CPS case (or any attorney for that matter).  But it is important to remember that each CPS case is different…with very different facts.  So understand that each case will be treated differently.  No one case is alike, therefore cases can’t be defended exactly alike.  And one more thing:  remember that we are dealing with a governmental agency.  This means that resolving your case can take awhile.  The government is never in a hurry.

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18 Responses to Defending CPS cases

  1. Dan says:

    I think it’s ridiculous that Harris county even has Judges that look the other way towards CPS even when the Drs that have cared for a Child such as the Weber’s child defends them. But because the CPS Dr’s team says Oh , this kid isn’t sick…. it’s a battle of Dr’s, why are the parents accused?? And HOW can something like this really hold up in a court?

    I also don’t understand how the parent’s can’t get any information about their son.. when they are STILL his parents….

  2. jketterman says:

    The Webers should get information about their son. It is the individual caseworker who has a duty to provide the parents with information about their child.

  3. Rochel Shelby says:

    My husband Cedrick Shelby and I are in the midst of having our children taken by Child Protective Services–my kids are being sent to stay with my husband’s cousin by this weekend or the start of the next week. The case worker has not conducted an investigation and is not hearing what myself or my husband has to say. My younger daughter Jayda was disciplined for allowing her youngest sister to tug and pull on her glasses and the end result, Jayda’s glasses got broke-the frame is broke. Cedrick swatted Jayda on her butt six times.
    The case worker came by last Thursday afternoon and had said that she is taking the kids to a foster home with out conducting a proper investigation: My other three kids were not interviewed or visually examined in their home environment, none of our neighbors had been interviewed nor has Cedrick or myself, or my children’s teachers. So, I ask you what investigation has been done? The case worker did not ask any important information in regards to medical conditions or allergic reactions to any medications or food, insect bites.I talked to the caseworker today on January 25,2011, at 1:36 pm and had given her information on my oldest daughter being allergic to penicillin, and developing dark purple spots under her eyes after four or five hours of not eating has passed, once Kayla eats something solid the spots disappear and I am highly allergic to penicillin and am also diabetic. The caseworker told me that is very important information and that she did not know any of this, only because she has not bothered to ask any relevant information. If we truely did not love and care for our kids we would not have said anything or be contacting you.
    We are doing everything that is being asked of us in regards to getting our kids back, however, the caseworker is not returning our phone calls or keeping us informed to what is going on in regards to the well being of our kids.We’re being treated like criminals and we are far from that, we’re just loving parents. If you could see our children and be around them, you would be able to see that as well.
    They are straight A students with perfect attendance, our youngest daughter loves everybody. The kids get hugs and kisses every day , and told that they are loved every day: from morning to bed time. We love and care for our children very much and if there is anything that you can do to help us keep them, it would be greatly appreciated. Even though, we don’t live in a luxury home that most people would like to have, they are in a home where they know that they’re loved and cared for.

  4. jketterman says:

    Please call my office so we can talk. 713.652.2003.

  5. Amanda Day says:

    I had a case worker investigator show up unannouced at my house on friday, I just had surgery on the 7th of july. I was in the middle of cleaning the house when the investigator arrived. My husband is deployed she told me I had a list of things to comply with , and was very rude towards me. The person who called them on me called me to tell me that she was the one who called so that I could not call them on her because of her dog biting her daughter. The list of allegations towards me were about abusing my pain medication, neglecting my daughter because she some how got a hold of scissors and cut a little bit of her hair off. I was waiting for it to grow back out so I could make her still look like a female. And the state of my house…which I will not lie was a little disorganized because of me just having surgery and not really having alot of help I let a few things go. I called my husbands unit and immediatly told them what was going on. What I need to know is what exactly is she allowed to do and how do I go about knowing whats allowed by law for her to say. One comment that was made was that she has 7 children and a full time job and her house is spotless and being that I did not work that there is no reason she wasnt able to eat off my base boards.

  6. nancy mesick says:

    i just dont know where to begin, but im desperate for a way to make this nightmare disappear! my husband and i gained full custody of our 3 grandchildren almost 4 years ago because of our daughter and her boyfriends drug abuse and unstable mental state, and domestic violence. since then cps has been my shadow! on july 11, 2011 cps placed the children in the care of my niece for an investigation for neglect, substance abuse, child abuse, and a filthy home. not one single drug test has shown any positive result, and my house is not filthy, nor have i been charged with any child abuse or neglect because its in no way true! on sept 4, 2011 the children were taken away from the temporary caregiver, because of continuing calls about me abusing them, and they were placed in a childrens home! my daughter that we took custody away from has been given all privilages to have phone visits and also contact visits with the children and my husband and i have absolutely no rights what so ever! on tuesday of this week the two younger children were sent to a foster home, but my granddaughter, 16, was left behind and accused of drug abuse and suicide attempts! ive called continuously to check on her well being, with no response or to be told i have to right to the information. i finally was able to have law enforcement go to the childrens home this evening, where they were told they turned away and denied entry to the location at the security gate! who can check on my grand child, and why cant they all 3 come home? my grand daughter is being given bipolar medication because my daughter insists that she is bipolar, but i have dr’s evaluation saying differently, and also a report from cps saying that bipolar was not diagnosed, but they continue to give her large doses of the medication! im just sick over this, and i feel like they have teamed up with my mentally ill daughter against me, and they will absolutely not let me or my husband have any say so! please help me what can i do?

  7. Dominica says:

    i need a some an advice i delivered my 2nd child they said the baby was dirty for drugs .ive never been involved w c.p.s before well i sighned a voluntary placement plan cause they scared me and i wasnt all there when they were telling me this. know they got my 6 yr old and my newborn removed from the home w a family member but i want them at home w me and the grandparents. they r bringin an old case from 1992 1994 w then grand father wich sum of that was falsly accused and he finished his classes,and closed the case it suppose to be about family well my oldest hasent been away from me since shes been born. know the imparied bonding w me and my new born. they need to be home its tearing us all apart.i can c them but they need me and i need them. what do i do i have my perental rights still. please help

  8. jketterman says:

    You do still have your parental rights. Please hire an attorney to help you quickly before you lose any more bonding time with your infant.

  9. Vicky Powell says:

    My son’s girlfriend got pregnant, she went to another state until time for my grandson to be born. She had previously give up rights to another child to CPS. When my grandson was born my son seen him in the hospital and CPS showed up and said they were taking custody of him. They drug tested me, my husband and my son. We all passed, they still removed rights from my son. They placed him with us and didn’t contact us for months. The safety plan was out of date and the mother showed up and left with my grandson. When she contacted us we contacted CPS, they showed up with a deputy and took him from us and placed him with the family that had her first child.
    When we finally went to court my son failed a drug test for marijuana. They said he had a lot of things on his record as a juvenile so he couldn’t have his son. They made things impossible for him and had him sign a mediation agreement at a lawyers saying we could send pictures, letters, cards and gifts to him. They would send us pictures and updates. If we failed to contact for 12 consecutive months this mediation would be voided and his name would be changed. A few months in to this we started getting our letters, pictures and cards return in the mail. Now we are told that mediation is not a legal document and we have no rights to him. We need help getting him back, we feel he was stolen from us.

    Please help us 682-239-9963

  10. patrick says:

    I have been dealing with cps for almost 8 months. I have been crossified and made out to be a criminal, when in my case I am a non offending parent. I was with a women for about three years things were not working out between us partly due to the fact that she was still married and had five childern with this her husband. She had lost four of them in a cps case a few years before I had met her. She had one that would bounce back and forth between us and his dad. We had a child together not long after we had moved in together, and where things werent really working between us. We did everything we could to make sure the two kids were happy, and they were my child use to be the happiest child I’ve even seen. Well after years of not being able to get along and not having anything change I left. I left her and the kids with food in their stomachs and a roof over their heads even though the home was in my name. Well as soon as I left she brought her husband back in the pitcure, to “help with the kids”. Only after a few days they were back to what they did best, getting drunk and beating each other up. She ended up in the hospital and I had here call the cops to get him away from my child. She did so and I was able to pick up my kid for a couple of days, while he got out of dodge. After her husband left I gave my kid back to her so I could get back to work. Well some of my family caught wind of what had happened and notified cps. They didnt do anything at first. Weeks went by and she was finally going to leave my house. She went back to stay on her parents side of town, in a motel. I was trying to keep everything on level ground so I could see my kid, cause in the state of Texas if the women is still married and has a child out of wedlock then the husband is considered the father, and we couldnt afford a dna test. So again I was working on keep the peace and offered that the baby would come stay with me until she had a real home. Two days before I was to go get the baby, the mother thought it would be a good idea to get drunk with some other guys in the motel. Mind you these are people she doesnt know. Well according to her they druged her and she was left out side her room with my child inside asleep and her other child wondering the parking lot at early hours in the morning. Need less to say when some one found him and her they notified the police. She went to jail for the night cause of warrents she had, and her husband was left with my child once again. Well he ended up bailing her out and the next day I was told a story about how someone had kiddnaped her oldest child and that cps was taking the kids from her. When I found this out I offered to take the childern instead. The caseworker did his background check on me and I was up front and honest about my criminal history. I had a poss. of maj. charge from years before. The caseworker said he would call me back shortly and never did, I had called him back several times and he said that I would have to speak to his supervisor. When I talked to her she said I could have the kids cause of physical abuse. Well turns out the night that my family called cps and had reported my ex, cps took the report in incorretly. They were ( and still are) saying that it was my ex and myself that were fighting at my home, when my family told them what actually happened. I even have the police report from that night stating I didnt have anything to do with that night. Well after all this started I went and got a lawyer and she hasnt done anything to help me. I keep on getting told that I should just do what they are telling me to do and I’ll get my kid back. I’ve been working the whole time and working on completing my services, but they kepp adding more and more to my plate. Not only that but all my ex had to do was some rehab for a few weeks and a parenting class. Well frankly I’m tired of being pushed around. We have gotten as far as the home studies so we can get my child out of their “care”, but everyone is dragging their feet. Which brings me to my next point, they havent been taking care of her. Everytime I see her it seems to be something new, first it was bruises on her butt and diaper rash. Then dry flaky skin and her figure nails are never cut. One time she even had craddel cap. Shes been sick the whole time to the point of a cold sore coming out of her nose. I have said thing about it to the caseworker and she only seems to get mad with me and defensive. The caseworker has also told me that my childs mental state is at steak she has been acting out and even pulling her hair out. She is ready to come home and be with the only person that truely cares about her. I NEED HELP FOR HER SAKE!

  11. Cheryl Graves says:

    Desperately need help for my grandchildren. My son is a good father yet I can’t get them in my house unless he moves out. Mother had drugs in her system when the second was born. They were put on the care of her mother who does not want to care for them. My son and I went to a cause hearing on May 8th 2013 and they are supposed to come to my house for a home study and we agreed to have my son go stay with a relative for now in order for CPS to place them in my home. The 3 year old has been in my home all his life. I can’t get CPS to call me back to make arrangements for the transition back to my home. The maternal grandmother keeps making threats to make other arrangements. Please Advise ASAP!!!!!

  12. Brenda says:

    HELP!!!!!! cps is trying to remove my grandchild from my home. I have had Permanent Managing Conservatorship of my granddaughter since her birth. Now we go to court 7-9-2013 for cps to snatch her up. Of course this being a holiday week all offices are closed and I can’t get any help. My question today is on the court papers that was served the child’s name is wrong, her bio mom’s name is wrong, and they put the wrong father down as her father. And that is just on the second page, the list goes on. With this can I at least postpone the hearing? This giving me time to get all my ducks in a row and get a lawyer. Please I am desperate and time is running out.

  13. Katie says:

    There was an emergency removal of my friend’s daughter, and a subsequent ex-parte order (all based on lies and fraudulent charges). What rights, if any, do the parents have to a supervised visit with their child? My friend’s daughter was removed 6 days ago and they HAVE NO IDEA WHERE SHE IS and CPS is saying they, as parents, have no rights to even a supervised visit. Is that true? I just read the Texas Family Code and don’t see anything about visits one way or another. Thank You!

  14. Esmeralda says:

    I need help im terrified for my grandson he is in danger he is 4 years old and was taken from my son who had full custdy and myself over an ex baby mama reporting false aligations of child abuse its not fair just because she has a close acquaintance that is a social worker. My son was placed with the mom when she lost custody failed to visit my son 2x a month monitored she and her boyfriend are on drugs beat my grandson he cries for help in front of the social worker n all the social worker did was get him in big trouble for telling so i called the childrens hotline to help my grandson now i got banned from visiting my grandson a little boy i been raising who is extremely atached to each other . My son says he continues to be bruised wounded ect… ive gone to police twice they hear dcfs n they back off ive sent letters everywhere nobody helps him im terrified to know he is suffering and in danger how Gabriel from Palmdale rip nobody helped. Im in search of help who do i call who can immediately save this innocent lil boy somebody please help please.

  15. jketterman says:

    I would love to help you. What county is the case in? Please call me office at 713.652.2003 and let’s talk. I hope I can help. Your grandson needs to get out of the system.

  16. I am not even sure where to begin.. I am in Travis county looking for a lawyer to expose cps for what they have done to my kids and I. There has been so many corrupt things they have done just to start I was in a bad relationship was a victim of abuse for 10 years. My daughter witnessed most but did get abused by her father. There was alcohol and marijuana use during this time, and I am not sure what the father was doing on top of that.They had been involved during these times never referred us for services until 2009. Cps claims they were aware of it but ruled our some allegations then as well. My main focus is from 2010 – current. I have an attorney her in Austin working on the case at hand but she says she is to small being one person to be able to expose them. I have been looking into a lawsuit as well due to after getting myself out of the relationship with my kids with no help from cps, cps then scared me into handing over my kids to be placed with my mom who abused them she is my original abuser. So basically my mom the kids grandma got paid 3,000 a month to abuse my kids and cps allowed it. I reported her several times nothing. When I was not getting my visitation we hired a lawyer and exposed the mediated settlement agreement and things just started falling apart from there. My mom then did not want to deal with my daughter anymore so she decided she did not want custody so in the midst of it all I got my kids back. Cps sealed that case I am trying to find someone to open it the lawyer we have now says it would not be worth the money and time -to me it is to expose them and file a lawsuit. I have been reaching out to some here in Austin most will not. I have had Katra Francis a cps supervisor tell me there is not a lawyer here that will fight cps like that good luck is what she said this Friday in court.One in Pennsylvania said he would but he is busy for a bit.I am looking for someone to do this as a passion for justice and if a case is won it would not even be about the money would be more about the justice whoever the attorney would be would win the money so to speak. It is very intense extensive corrupt case where a lot of things even of the affidavits do not add up,cps contradicts themselves in sentences, lies you can clearly see any one with common sense.conflicts of interest,caseworkers that have dropped the ball,supervisors that have given pertinent bad advise in a needy situation like domestic violence. Bias opinions with rude caseworkers not investigating and using force of power and threading me with taking my most prized possessions, my kids. Placing my kids in an abusive environment. The case at hand we volunteered my unruly teen daughter over to them with the impression they were going to get her help and place her into residential treatment center due to her mental illness of ptsd, and now they are changing it all up. Her new counselor they got her even recommended she go to rtc,but the judge does not they want to pay this other single family to take care of her instead of putting her in the group home and reunifying her with us where I know my kid will benefit better if they are not going to do rtc. My 14 year old has repeat pattern everywhere she goes school,grandmas house,shelters ect.we have tried everything for her and cannot afford the residential treatment she needs and deserves. They have not investigated any of this. and if they did they blame me because the father is dead now due to his lifestyle he chose after we left him.I am probably all over just would like to give it a shot maybe you can help or have someone in mind Thank you and bless you for being one of the few willing to stand up to the corruption of cps.

  17. mere says:

    What can one do when one can proof that during a cps proceeding there was fraud upon the court and on the court that sabotage one legals position and in fact foul play occurred and can in fact be pointed out please help me

  18. jketterman says:

    If they case is still in litigation, bring it to the court’s attention. If the case if over, you can bring a state action (at least in Texas) for negligent investigation. You can look into filing a 1983 federal civil action if there is definite proof of fraud.

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