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  1. #1
    NRH81 is offline Member
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    Question about CPS Jurisdiction

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

    Situation: A child has been removed from home by child protective services. Court dates were given and attorneys were appointed, one for the father and one for the mother. Half way through the case, the mother was very disappointed with her attorney. The attorney was not returning phone calls or answering emails. In fact the attorney would not discuss the case with her at all. She asked the judge for a new attorney. During a confidential hearing between the judge, the attorney, the client, the bailiff, and court reporter the mothers attorney said quote "I suspect my client of criminal activity." The judge granted the mother a new attorney. It is still a mystery to the mother what "criminal activity" the attorney was referring to since no laws had been broken. The judge that heard this testimony, is the same judge that continues to oversee the case to this day. The parents did not submit to jurisdiction themselves. The attorneys did it for them. The parents were told that they would not be submitting, just that they would be doing some services for CPS and it would go to a "paper case". I don't know what that means. Parents agreed hoping that would put an end to everything. It did not. It has only just begun. They thought they were going to get their child back in exchange for some parenting classes. They thought they were cooperating. They did not know they were submitting to jurisdiction.

    Questions: Could the parents win a new jurisdictional hearing based on the fact that the mothers previous attorney basically incriminated her client and tainted the judge? If so, what specific motion(s) would one file in order to do that? How do you get things heard by a different judge? Is there anyway to get this matter to go before a higher court? An explanation of the processes of these things would be most appreciated. Thank you
    Last edited by NRH81; 12-08-2008 at 04:02 AM.
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    What is the name of your state (only U.S. law)? California

    Situation: A child has been removed from home by child protective services. Court dates were given and attorneys were appointed, one for the father and one for the mother. Half way through the case, the mother was very disappointed with her attorney. The attorney was not returning phone calls or answering emails. In fact the attorney would not discuss the case with her at all. She asked the judge for a new attorney. During a confidential hearing between the judge, the attorney, the client, the bailiff, and court reporter the mothers attorney said quote "I suspect my client of criminal activity." The judge granted the mother a new attorney. It is still a mystery to the mother what "criminal activity" the attorney was referring to since no laws had been broken. The judge that heard this testimony, is the same judge that continues to oversee the case to this day. The parents did not submit to jurisdiction themselves. The attorneys did it for them. The parents were told that they would not be submitting, just that they would be doing some services for CPS and it would go to a "paper case". I don't know what that means. Parents agreed hoping that would put an end to everything. It did not. It has only just begun. They thought they were going to get their child back in exchange for some parenting classes. They thought they were cooperating. They did not know they were submitting to jurisdiction.

    Questions: Could the parents win a new jurisdictional hearing based on the fact that the mothers previous attorney basically incriminated her client and tainted the judge? If so, what specific motion(s) would one file in order to do that? How do you get things heard by a different judge? Is there anyway to get this matter to go before a higher court? An explanation of the processes of these things would be most appreciated. Thank you
    WHy wouldn't Cali have jurisdiction? Who are you in this situation? And no the parents cannot get a new jurisidictional hearing halfway through the case. Why would the judge recuse himself or be removed? Do the parents have grounds for an appeal? Have there been any final appealable orders made? If you want an explanation of the process, read the local rules and the rules of juvenile and civil procedure.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    NRH81 is offline Member
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    Quote Originally Posted by Ohiogal View Post
    WHy wouldn't Cali have jurisdiction?
    I'm not sure I understand your question. They do have jurisdiction now.

    Who are you in this situation?
    A family member of the father

    Why would the judge recuse himself or be removed?
    I was thinking more along the lines of another judge hearing the matter or maybe a higher court. My question is, is their a way to file something with a separate judge or a higher court even?

    Do the parents have grounds for an appeal?
    Who knows. That's why I started this thread. I described the attorney incident. Perhaps that could be grounds.

    Have there been any final appealable orders made?
    I don't know.

    If you want an explanation of the process, read the local rules and the rules of juvenile and civil procedure.
    Ummm.....yeah. I figured I would come online and ask around rather than spend hours searching through those 3+ inch thick books. I not really sure how what I'm looking for is worded in the legal terms nor do I know any codes. I did thumb through a rules of court and a juvenile court book a couple of times. Maybe I'm not looking in the right book or something.
  4. #4
    Isis1 is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    I'm not sure I understand your question. They do have jurisdiction now.



    A family member of the father



    I was thinking more along the lines of another judge hearing the matter or maybe a higher court. My question is, is their a way to file something with a separate judge or a higher court even?



    Who knows. That's why I started this thread. I described the attorney incident. Perhaps that could be grounds.



    I don't know.



    Ummm.....yeah. I figured I would come online and ask around rather than spend hours searching through those 3+ inch thick books. I not really sure how what I'm looking for is worded in the legal terms nor do I know any codes. I did thumb through a rules of court and a juvenile court book a couple of times. Maybe I'm not looking in the right book or something.
    look, the best advice you can get is one you don't plan on getting snippy with the actual attorney. this site isn't intended on walking everyone by the hand through court issues. most VOLUNTEERS are here to help point people in the right direction. the VOLUNTEERS here don't even help students with hypotheticals. you are third party. most VOLUNTEERS don't like dealing with third parties since it tends to get misunderstood through the "telephone" line. if the actual parents were concerned, they'd be reading those codes and researching everything to get their child/ren back. can't afford an attorney, do the homework yourself.
  5. #5
    NRH81 is offline Member
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    Quote Originally Posted by IsabellaSoriano View Post
    look, the best advice you can get is one you don't plan on getting snippy with the actual attorney. this site isn't intended on walking everyone by the hand through court issues. most VOLUNTEERS are here to help point people in the right direction. the VOLUNTEERS here don't even help students with hypotheticals. you are third party. most VOLUNTEERS don't like dealing with third parties since it tends to get misunderstood through the "telephone" line. if the actual parents were concerned, they'd be reading those codes and researching everything to get their child/ren back. can't afford an attorney, do the homework yourself.
    Believe it or not there's actually people out that know this stuff by heart that can tell you what motions to file. Sometimes law savvy people (not necessarily lawyers) come on sites like this and give out information. If you don't know, than just say so. Oh, and btw...There are other threads on this site where people ask for detailed information and some of the other posters actually give it to them. What would be the point of having a legal advice site if everyone said go figure it out for yourself?
  6. #6
    stealth2 is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    Believe it or not there's actually people out that know this stuff by heart that can tell you what motions to file. Sometimes law savvy people (not necessarily lawyers) come on sites like this and give out information. If you don't know, than just say so. Oh, and btw...There are other threads on this site where people ask for detailed information and some of the other posters actually give it to them. What would be the point of having a legal advice site if everyone said go figure it out for yourself?
    And many of those people (a) are the actual party involved (unlike you) and (b) haven't gotten snippy with the people trying to offer them input for FREE (unlike you). Neither of those points will help you here. You don't know the answers to many of the questions that are (or will be) relevant, and most people don't like to help those with attitude. So chew on that for a while, eh?

    I seriously doubt that they will get the judge removed because he's "tainted". He gave Mom a new lawyer, end of story. Mom has NO idea what "criminal activity" might have been meant? What was she doing to get her children removed? That there might be a clue.
  7. #7
    Blue Meanie is offline Senior Member
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    http://forum.freeadvice.com/civil-rights-discrimination-law-101/cps-discrimination-437954.html
  8. #8
    Ohiogal is offline Senior Member
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    OP if you are going ask questions please be able to comprehend them enough to explain. You were the one who went on about jurisdiction. Apparently you do not understand what jurisdiction means and when I ask clarifying questions, you don't like them.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    Isis1 is offline Senior Member
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    Quote Originally Posted by baystategirl View Post
    http://forum.freeadvice.com/civil-rights-discrimination-law-101/cps-discrimination-437954.html
    ugh!! first he's boyfriend, now he's a family friend. make up your mind OP

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