Mother arrested for felony child abuse

[pyteaz]

What is the name of your state (only U.S. law)? California


My husband has joint custody of his two children (14yr old boy and 8yr old girl).

Their mother was arrested 3days ago for felony child abuse of the 8yr old. CPS has placed them in a foster home and now the social worker wants to have a meeting with my husband regarding whats best for the children. We are living with his parents in a 2 bedroom house while our 3 bedroom is being remodeled. The social worker is deying him the children because she feels that they have nowhere to sleep. We have bunkbeds in storage and we are willing to sleep on the futon in the living room like we do on weekends that they are with us. What exactly happens at these meetings? What are his rights as thier father? Does he need a lawyer present at this meeting?

Also they are asking him questions about a domestic case involving the two of them that happened 13yrs ago. (proof of class completions, certificates etc.) He has none of that stuff...can they hold that against him.
Thanks so much,
pyteazWhat is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California


My husband has joint custody of his two children (14yr old boy and 8yr old girl).

Their mother was arrested 3days ago for felony child abuse of the 8yr old. CPS has placed them in a foster home and now the social worker wants to have a meeting with my husband regarding whats best for the children. We are living with his parents in a 2 bedroom house while our 3 bedroom is being remodeled. The social worker is deying him the children because she feels that they have nowhere to sleep. We have bunkbeds in storage and we are willing to sleep on the futon in the living room like we do on weekends that they are with us. What exactly happens at these meetings? What are his rights as thier father? Does he need a lawyer present at this meeting?

Also they are asking him questions about a domestic case involving the two of them that happened 13yrs ago. (proof of class completions, certificates etc.) He has none of that stuff...can they hold that against him.
Thanks so much,
pyteazWhat is the name of your state (only U.S. law)?

Yes they can "Hold that against him" in a manner of speaking. He had joint custody and yet he was unable to protect the 8 year old from being the victim of felony child abuse -- that is how CPS is looking at this. How much remodeling is being done on your home that you cannot live there now?

 

[pyteaz]

Well the whole house had to be gutted. I will admit the remodel has taken longer than we planned but will be complete in 6 to 8 weeks. They will consider that even though he has been a constant in thier lives. Looking pass the living situation...we are good parents and are supportive parents to all the children...Hopefully they will consider that as well. The children sound soooo sad when talking to us on the phone. It's heartbreaking to say the least.
Again thats for all help, comments and suggestions.

pyteaz

 

[Ohiogal]

Well the whole house had to be gutted. I will admit the remodel has taken longer than we planned but will be complete in 6 to 8 weeks. They will consider that even though he has been a constant in thier lives. Looking pass the living situation...we are good parents and are supportive parents to all the children...Hopefully they will consider that as well. The children sound soooo sad when talking to us on the phone. It's heartbreaking to say the least.
Again thats for all help, comments and suggestions.

pyteaz

YOU are not a parent to his children with his ex. They will definitely consider it and the fact that EVEN THOUGH he claims to have been a constant in their lives, he missed warning signs of FELONY CHILD ABUSE against his 8 year old.

 

[LdiJ]

In the end he has a better than decent shot of gaining custody of his children, but CPS may very well make him jump through some serious hoops.

 

[mommyof4]

YOU are not a parent to his children with his ex. They will definitely consider it and the fact that EVEN THOUGH he claims to have been a constant in their lives, he missed warning signs of FELONY CHILD ABUSE against his 8 year old.

...not to mention the fact that apparently, Dad has some history of violence, as well.

How could Dad miss that his child was being abused if he was so involved with them?

 

[wileybunch]

Also they are asking him questions about a domestic case involving the two of them that happened 13yrs ago. (proof of class completions, certificates etc.) He has none of that stuff...can they hold that against him.

This is more of a concern than sleeping arrangements that can be shuffled around. What was the domestic case about? Did he finish the classes?

 

[pyteaz]

I don't think this was going on....she hit the daughter with a broomstick and left a mark...somebody called CPS...the social worker was looking at it as a isolated incident even though she said it is a felony. All I can say is that we've never seen any bruises on the children. She did tell my husband that she gave her a spanking on the butt...She didn't tell him she hit her with a broomstick! How would he know. I'm not saying that this is the first time she has done something like... but NOW he knows and wants to have them released to him.

I know I'm not the PARENT to his children from a previous relationship but I am A parent and I am loving and supportive to all THE children.

He petitioned the court 2yrs ago when she decided she no longer needed him to be a father because she had a live in boyfriend and was keeping the kids away...my husband was reduced to visiting his kids at school until he was able to get the visitation.

They were both arrested for battery 13yrs ago... they had to both take anger management and parenting classes... my husband completed all requirements and had his record cleared.


The judge in the family court case didn't consider that but CPS IS SOOO ON IT... I don't understand how he can erase that...should he just be doomed to not having his children because of something that happened 13yrs ago and didn't involve the child.

 

[MichaCA]

IF I were the dad, I would take a day off work TODAY, create a immediate space for the kids, put up those bunkbeds, create a space for them,no matter what, and drive to each and every place he took classes, did whatever around the domestic battery case, and find copies of his certification.

Yes, do whatever the CPS worker says...but again, IF it were me, I wouldn't wait for the next interview. I would get everything complete, and write out a plan for himself exactly how the house can be done...even if it means getting it done in a cheaper manner...as soon as is possible. But in the end, my advice is be a step ahead, be ready, show his preparedness as a dad ready to take in his kids in an emergency situation.

 

[summerdawn]

IF I were the dad, I would take a day off work TODAY, create a immediate space for the kids, put up those bunkbeds, create a space for them,no matter what, and drive to each and every place he took classes, did whatever around the domestic battery case, and find copies of his certification.
Yes, do whatever the CPS worker says...but again, IF it were me, I wouldn't wait for the next interview. I would get everything complete, and write out a plan for himself exactly how the house can be done...even if it means getting it done in a cheaper manner...as soon as is possible. But in the end, my advice is be a step ahead, be ready, show his preparedness as a dad ready to take in his kids in an emergency situation.

Most definitely. Have all the needed documents ready, and don't just sit around waiting for CPS to call you. Tell dad to ring their phone off the hook. If he can't get ahold of the worker, then he should ask to speak with a duty worker, the worker's clerk, or a supervisor. Tell dad to make CPS KNOW that he wants his children and he is a good father-and make sure to always communicate with them in a respectful manner, no matter how angry he is. In a situation like this, the worker can be a very valuable asset. try to make sure to stay on good terms with him/her.

And get that house done as quickly as possible! If you can't get the house done right away set up those bunk beds you were talking about to create a living space for the kids. Don't wait until CPS tells you to do these things, just do them-that way if they happen to come out to your house you can walk them around and show them you are eager to have the kids come home. (This is all directed to dad, I just didn't feel like inserting blah blah dad all over the place.)

 

[pyteaz]

im just wondering what exactly does the agency look for when doing a home check for possible placement with the father....do the kids have to have theier own room or can we give our room to the children and sleep on the futon in the living room? also whats a pri and prc hearing?

 

[Ohiogal]

im just wondering what exactly does the agency look for when doing a home check for possible placement with the father....do the kids have to have theier own room or can we give our room to the children and sleep on the futon in the living room? also whats a pri and prc hearing?

What they look for is that the children have an appropriate place to sleep. Put the bunkbeds up in your room and you move to the couch. I am not exactly sure what a PRI and PRC hearing is.

 

[CJane]

Hold on.

You live with your husband and parent(s) and your children and now want his children ALL in a 2BR house?

Of course CPS is concerned! That's 7 people (if you only have ONE child) in a 2BR house!!!!

And let me say this. Mom has been ARRESTED for felony child abuse. She's not been CONVICTED of it.

Also, CPS focuses on REUNIFICATION first and foremost. So Mom will be given the opportunity to jump through CPS hoops/complete a case plan and regain custody of the children.

You state that Dad doesn't have his proof of completed classes. Is that because he DIDN'T COMPLETE THEM or because he's lost the documentation?

What, EXACTLY is Dad's history of abuse?

 

[pyteaz]

well i kno that the mother has not been convicted (i stated arrested) therefore the children were placed in a foster home...so just so they dont have to sit in foster care while she jumps thru hoops we would take them ofcourse...(if they allow it).He did complete classes and went today to get copies from the court. I dont know if that will help his case. The social came in today to check the home and see the sleeping space for the kids and i hope she was okay with it. She said that the judge was leaving it up to cps to decide who got the kids. I guess thats a good thing. It's just stressful. Today there is a TDM (team decision meeting) so i will keep you posted. thanks for all the help.

 

[mommyof4]

What was the domestic case about?

What, EXACTLY is Dad's history of abuse?

Notice that she dodges this question? The only thing she has said in response is that they (the parents) were both arrested for battery. Well, that could mean a shove or it could mean a Chris Brown style beat down.