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  1. #1
    NRH81 is offline Member
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    CPS discrimination

    California

    About 4 months ago my girlfriend and I had our daughter taken away by child protective services where she has remained in custody since. We have 5 day a week 1 hour per day supervised visits. The initial grounds for removal was alleged domestic violence going on in the home. This is not true and they could never prove that it was. That was all based on here say. CPS figured they had better come up with somethng else so they focused their case on the mothers disability, epilepsy. They implied that she was slow witted by saying that she would probably not pass an IQ and devopmental test. They outright called her developmentally challenged in a report. She aced their tests and proved them wrong. Still they hammered her. They were not going to let it go. They started attacking her medication which she must take in order to control seizures. They said that the meds she's on makes her "emotionally unavailible" for her child. HUH??????? Did they just come up with that off the tops of their heads? The medication she takes makes her drowsy and that's all. She has tried a host of other medications and the only one that is effective with her is the one she's on. I've seen her on other med's, and she has seizures all over the place. That, is exactly what they would like to see. The mother falling down and have seizures so they can then say, "look, she's a mess. She can't take care of a child in this state." We feel this is a clear cut case of discrimination. If the mother did not have epilepsy, we would have our child back right now for lack of foundation on the original claim. They have overtly made statments that are discriminatory and the court has done nothing about it. In fact the judge agreed with CPS that the child shouldn't be returned as long as the mother is on this kind of medication. There is no such thing as an anti-convulsant that doesn't make you drowsy and doesn't effect motor skills and response time. She has consulted numerous neurilogical specialists on this. I guess my question would be, can we sue? I think a lawsuit is in order here. We have not the money to hire an attorney, but I would think that there is one out there that would take the case. Any input would be most appreciated especially on how one would get started with obtainig legal help and such. We want to sue to get our daughter back plus a little something extra for are troubles. Especially the trouble my girlfriend had to endure.
  2. #2
    Hot Topic is offline Senior Member
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    {Quote}We want to sue to get our daughter back plus a little something extra for are trouble.{Unquote}

    I felt a little sorry for you, boyfriend, until you decided that the situation might result in a windfall for you.

    I'd like to know a lot more about the domestic violence claim.
  3. #3
    CdwJava is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    The initial grounds for removal was alleged domestic violence going on in the home. This is not true and they could never prove that it was. That was all based on here say.
    What was presented at the court hearing to show that DV had occurred? What plan of action was set into place for you to work towards getting your child back?

    CPS figured they had better come up with somethng else so they focused their case on the mothers disability, epilepsy. They implied that she was slow witted by saying that she would probably not pass an IQ and devopmental test. They outright called her developmentally challenged in a report. She aced their tests and proved them wrong.
    Okay ... so ... now it is not DV but is her being developmentally disabled? Or ... is it the epilepsy? I suppose an argument can be made in either case that she is a danger to the child if they can make the case as to her being unable to safely care for the child. Apparently they convinced a judge of this ... or, was it the DV they convinced the judge was happening?

    Did they just come up with that off the tops of their heads? The medication she takes makes her drowsy and that's all. She has tried a host of other medications and the only one that is effective with her is the one she's on. I've seen her on other med's, and she has seizures all over the place. That, is exactly what they would like to see.
    If she is subject to seizures, or impaired by her medications, then a case can be made that the child is in danger if under her care.

    She can't take care of a child in this state." We feel this is a clear cut case of discrimination. If the mother did not have epilepsy, we would have our child back right now for lack of foundation on the original claim.
    How is that "discrimination"?

    They have overtly made statments that are discriminatory and the court has done nothing about it.
    Because it is not discrimination to seek the protection of a child based upon an allegation that a parent is medically or emotionally unfit to care for a child. If CPS is wrong, or you believe the characterization is incorrect, that's fine ... but it is not "discrimination".

    She has consulted numerous neurilogical specialists on this. I guess my question would be, can we sue? I think a lawsuit is in order here. We have not the money to hire an attorney, but I would think that there is one out there that would take the case.
    You can sue anyone for anything, but until a court agrees that you can have your child back, it would seem that you have an uphill battle. You might be better off hiring the attorney to get your child back, first. And unless you can find intentional malfeasance on the part of someone at CPS, I don't see a case against them. But, you can talk to the attorney about that.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    NRH81 is offline Member
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    Talking

    These kinds of attitudes are exactly what fuels discrimination and we are not about to tolerate it. Telling someone that they do not have the right to have and raise children based solely on their disability IS discrimination. Have you ever thought about becoming a CPS worker? You'd fit right in. Oh yeah, you want to know more about the DV allegations. It goes like this: My girlfriend and I were having problems so she decided to go stay with a friend for a few days. We were arguing alot however no one layed their hands on anyone. The time apart was good. One day CPS shows up where she was at and said, "we know about the domestic violence issues, and if you decide to go back home your kid will be detained." Someone that had a problem with my girlfriend (and we know who) called CPS and told them I had a gun and I threatened to shoot her with it. WHAT!? I couldn't believe it. I have never owned a gun in my life nor have I ever said anything remotely similar to that. BS all the way. So she tried to come home anyway and CPS got wind of it and made good on their threat. It came before that court and nobody had anything to back up this bogus claim. They didn't start in on the epilepsy thing until they thought the case was about to be dropped. You can't take kids from families just for moms and dads having relationship problems. Virtually every couple with kids in america would have their kids taken if that were the case. Using a persons disability against them in court or anywhere for that matter IS discrimination. PERIOD! It is what it is. Judges aren't always right either. Jusy because he went along with CPS doesn't mean a thing. In fact they have a a big picture of him on the wall posing with CPS workers on CPS office wall. Go figure. They're buddies.
  5. #5
    seniorjudge is offline Senior Member
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    I think you need to hire a lawyer and sue CPS.
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    NRH81 is offline Member
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    Quote Originally Posted by Hot Topic View Post
    {Quote}We want to sue to get our daughter back plus a little something extra for are trouble.{Unquote}

    I felt a little sorry for you, boyfriend, until you decided that the situation might result in a windfall for you.

    I'd like to know a lot more about the domestic violence claim.
    I don't need pity. I need justice. Or should I say my girlfriend needs justice for what they've done to her. Oh, and you don't like the whole sueing for punitive damages thing? Well, if someone came in and snatched your kid and deprived you from your child and put your family through hell over nothing your telling me you wouldn't sue? Yeah right! After this is all done and over with, we're sueing. Those CPS goons are going to get theirs. We're already talking to a lawyer and a strong case can be made for discrimination. Why not make this ordeal worth our time? They put us out a great deal. They started it and we're finishing it. Some on this forum think we don't have a case, but the attorney I've been talking to says we indeed do.
  7. #7
    stealth2 is offline Senior Member
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    And how much is that lawyer charging you?
  8. #8
    NRH81 is offline Member
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    Quote Originally Posted by stealth2 View Post
    And how much is that lawyer charging you?
    Uh....Why?
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    These kinds of attitudes are exactly what fuels discrimination and we are not about to tolerate it. Telling someone that they do not have the right to have and raise children based solely on their disability IS discrimination. Have you ever thought about becoming a CPS worker? You'd fit right in. Oh yeah, you want to know more about the DV allegations. It goes like this: My girlfriend and I were having problems so she decided to go stay with a friend for a few days. We were arguing alot however no one layed their hands on anyone. The time apart was good. One day CPS shows up where she was at and said, "we know about the domestic violence issues, and if you decide to go back home your kid will be detained." Someone that had a problem with my girlfriend (and we know who) called CPS and told them I had a gun and I threatened to shoot her with it. WHAT!? I couldn't believe it. I have never owned a gun in my life nor have I ever said anything remotely similar to that. BS all the way. So she tried to come home anyway and CPS got wind of it and made good on their threat. It came before that court and nobody had anything to back up this bogus claim. They didn't start in on the epilepsy thing until they thought the case was about to be dropped. You can't take kids from families just for moms and dads having relationship problems. Virtually every couple with kids in america would have their kids taken if that were the case. Using a persons disability against them in court or anywhere for that matter IS discrimination. PERIOD! It is what it is. Judges aren't always right either. Jusy because he went along with CPS doesn't mean a thing. In fact they have a a big picture of him on the wall posing with CPS workers on CPS office wall. Go figure. They're buddies.
    You are delusional.
    If the child is in danger, and that danger is CAUSED by the parent, then the child needs to be removed.

    I make that statement with absolutely no regard for race, religion, sex, national origin, disability, intelligence of the parent, etc. It IS discrimination. I am discriminating against parents who are a danger to their child.
  10. #10
    NRH81 is offline Member
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    Your calling me delusional because I believe disabled parents should have the right to raise their children? Do you think that every parent that is disabled should have their kids removed? Do you think disabled parents are a danger to their children? Who decides that? Oh no, they can't offer any kind of assistance to people that are physically incapable of care for their children. Their attitude is tough sh** if your disabled, say good bye to little Tommy and Suzie cause they're going away. Their only solution to the problem is taking the kids and eventually adopting them out. That is basically saying you don't have the right to have children if your disabled. You keep throwing around the word danger alot. But who gets to decide that? CPS does. One of the most corrupt government agencies in America. Or anywhere for that matter. The UK has a worse one. If CPS were really looking out for the best interest of the children of disabled people, they would accommodate them rather than taking them and doing emotional trauma to them in the process. Our child was never in any danger. Plus, I was there and I'm able bodied. So there you go. They didn't even have a reason to harp on the disability. We will overcome this injustice. You can insult me if you wish, but that won't change my mind from what I know is right.
  11. #11
    CdwJava is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    These kinds of attitudes are exactly what fuels discrimination and we are not about to tolerate it.
    Fine. But, so far, you have not articulated anything that smacks of unlawful discrimination.

    Please articulate what action that CPS has taken that is discriminatory. Remember, to be unlawful discrimination, the agency would have to act almost solely due to the protected status of the individual in question. They are not discriminating against her disability any more than the DMV would be if they failed to issue her a license (and if she has epilepsy, then I suspect she does not have a license). If someone's medical condition puts another at risk, it is not discriminatory to act upon that belief. It is then incumbent upon the state to show through a preponderance of the evidence that the person IS a danger to the child due to their state, and the defense will try to show that she is not a danger, or, that they will take steps to mitigate or eliminate that risk.

    Using a persons disability against them in court or anywhere for that matter IS discrimination. PERIOD!
    Legally, no, it is not. At least not in the circumstances you describe and that CPS is apparently alleging. It would appear that they were able to convince a judge that her condition IS a threat to the child.

    It is what it is. Judges aren't always right either. Jusy because he went along with CPS doesn't mean a thing.
    It means they are in the right - legally speaking - until or unless an appellate court overrules them or you stand before the same judge and show how the situation has changed.

    In fact they have a a big picture of him on the wall posing with CPS workers on CPS office wall. Go figure. They're buddies.
    If I have a picture of me with the governor ... would that make us buddies?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by CdwJava View Post
    If I have a picture of me with the governor ... would that make us buddies?

    - Carl
    You're buddies with Awnold? Wow!!!
  13. #13
    CdwJava is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    You're buddies with Awnold? Wow!!!
    If I were, I would caution him away from his proposed tax increases ... sadly, his proposed sales tax increases and other proposals are going to drive our economy even further into the dumper.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  14. #14
    NRH81 is offline Member
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    Some of the posters seem to get a kick out my families ordeal. The cracks about being buddies with the governor is a hoot. You want me to articulate how this is discrimination. OK. It goes like this: They sat in the court room and said that the mother was an emotional threat to our child and that she cannot be returned while on this typeof medication. The mother has no choice but to take this type of medication. That's an unreasonable request. It is a catch 22. She's either on her medication and have her seizures controlled, or not be on the medication and have up to 3 seizures per day which is more of a threat. This is pure insanity. Anyone that can't see it...well I don't know what else to tell you. This situation is a big mess. I feel that some of you think it's good that our child was taken from us. I guess you can't understand my position unless you've been in it yourself. Hopefully you can also experience it someday. Furthermore, I would like to add to the comment I made about the judge and CPS workers being buddies. A couple of joked about it saying stuff about Arnold and blah blah blah. I live in a small town of less than 10,000. They all live in that town. I see them drinking together at a local bar from time to time. I mentioned that picture because it just states what everyone here already knows. They are buddies. Your example was irrelevant, however in all fairness I didn't give all information I knew about it. I just didn't think anyone was going to challenge that particular comment. I have other evidence about discrimination, but will write about that tomorrow. I'm still gathering info about the early beginnings of the case.
  15. #15
    >Charlotte< is offline Senior Member
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    Quote Originally Posted by NRH81 View Post
    Some of the posters seem to get a kick out my families ordeal.
    I don't think anybody is "getting a kick" out of anything. It's just skepticism. We can believe there's more to this than you're admitting, or we can believe somebody at CPS stood up one day and said "You know, we don't have nearly enough kids in the system. Let's make up a bunch of lies for no good reason and take NRH81's daughter away from him." People tend to be reluctant to help when they feel they're not getting the truth.

    I guess my question would be, can we sue? I think a lawsuit is in order here. We have not the money to hire an attorney, but I would think that there is one out there that would take the case. Any input would be most appreciated especially on how one would get started with obtainig legal help and such.
    But didn't you say you have a lawyer who says you have a strong case? So, there you go. Let him do the job you're paying him for. Trying to convince a bunch of strangers you're being railroaded isn't going to get you anywhere.

    Here's my legal advice for you: be unfailingly honest with your lawyer.

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