child protection

can the department of social services manipulate me into signing a protective plan keeping my husband out of the home and forcing me to file a protective order against him against our wishes? i was told if i did not comply with the social worker she would place my children in alternate care. the incident she is concerned about was an isolated incident where their father experimented with cocaine and showed his anger in the home. i has him involuntarily committed to insure treatment and we are now ready to re-assemble our family unit and begin our healing process. the worker refuses to compromise with visits or drug testing, which we are willing to agree to. where do we stand legally? these children have never been and never will be in any danger of abuse or neglect. they are healthy, happy developmentally advanced children from a clean, safe environment.

There is a lot you have left out here, but I will try and answer you the best I can.
First you cannot be manipulated unless you allow it. Second unless there is a restraining order in effect SS has no right to keep your family apart.
Third it is my experience if you move out of there juristiction they will not follow but there is no gaurantee.
The important thing is to keep the kids safe!!!!!!

clceci said:

can the department of social services manipulate me into signing a protective plan keeping my husband out of the home and forcing me to file a protective order against him against our wishes? i was told if i did not comply with the social worker she would place my children in alternate care. the incident she is concerned about was an isolated incident where their father experimented with cocaine and showed his anger in the home. i has him involuntarily committed to insure treatment and we are now ready to re-assemble our family unit and begin our healing process. the worker refuses to compromise with visits or drug testing, which we are willing to agree to. where do we stand legally? these children have never been and never will be in any danger of abuse or neglect. they are healthy, happy developmentally advanced children from a clean, safe environment.

Click to expand...

You left many relevant things out of your post. First your state is needed, as laws vary from state to state. Second, were the police involved in the incident? If so due to the fact there are children CPS CAN take legal action to prevent them from harm. Third, given the fact that he was INvoluntarily committed did he finish the program? The fact that you had to have him committed is working against your family as YOU recognized he had a problem and he didn't. Fourth, was the anger directed at your children, meaning did he hit them etc...
You said "these children have never been and never will be in any danger of abuse or neglect"...doing illegal drugs in the home and becoming violent is seen as a form of abuse to the children.
If you truly feel that your husband is no longer a threat to your children... hiring a lawyer would be your best option as CPS is hard to fight without one. Good Luck to you and your family.

There's also a website called cpswatch that you might want to check out.

Make them get a court order!!!!! NEVER stipulate to ANYTHING, ANYTHING!!!!!!!!!!!!!!!!!!! That means you agree and pretty much gives them endless powers. In addition, send them a certified letter requesting a copy of your file, have your husband do the same. Also request a copy of their Procedure Manual, though many have them on line now, it does take a little bit of looking around.
As an above poster suggest, CPSwatch Upper right corner you will find *Parent's Guide to the System*.
Good Luck
KAT