Does CPS Override the CO?

[NC Mom in Indy]

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

If CPS removes 3 children from a home while they are investigating abuse and places them with their noncustodial parents, or grandparents can the judge who made the original custody order force the noncustodial parent or grandparents to return the child to the custodial parent during the investigation?

Can the noncustodial parent enroll the child in a school in their area during the course of the investigation?

Does CPS override the current custody order if they feel that it is in the best interest of the child?

 

[Isis1]

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

If CPS removes 3 children from a home while they are investigating abuse and places them with their noncustodial parents, or grandparents can the judge who made the original custody order force the noncustodial parent or grandparents to return the child to the custodial parent during the investigation?

Can the noncustodial parent enroll the child in a school in their area during the course of the investigation?

Does CPS override the current custody order if they feel that it is in the best interest of the child?

the second CPS gave their recommendation, NCP should have been standing in court line to do an ex-parte to request the judge to change the orders on a temp basis until the investigation is complete.

 

[Ohiogal]

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

If CPS removes 3 children from a home while they are investigating abuse and places them with their noncustodial parents, or grandparents can the judge who made the original custody order force the noncustodial parent or grandparents to return the child to the custodial parent during the investigation?

Can the noncustodial parent enroll the child in a school in their area during the course of the investigation?

Does CPS override the current custody order if they feel that it is in the best interest of the child?

If CPS has removed a child then YES CPS and their court is now in charge. The DR court does not have jurisdiction over the children anymore -- at least not the DR case. The juvenile case takes precedence and if the CP tries to circumvent that they are looking for a world of hurt. And yes the NCP can and should enroll the child in school in their school district. Though most likely the CP's district is responsible for the costs.

Oh and if a CP tried such a stunt they would look at being slammed big time by the courts and restricted to supervised visitation only. For probably an hour or two a week TOPS.

 

[NC Mom in Indy]

If CPS has removed a child then YES CPS and their court is now in charge. The DR court does not have jurisdiction over the children anymore -- at least not the DR case. The juvenile case takes precedence and if the CP tries to circumvent that they are looking for a world of hurt. And yes the NCP can and should enroll the child in school in their school district. Though most likely the CP's district is responsible for the costs.

Oh and if a CP tried such a stunt they would look at being slammed big time by the courts and restricted to supervised visitation only. For probably an hour or two a week TOPS.

Thank you, OG. That is what I thought. The CP's think that they can remove the children. If the Mom/Stepmom is cleared of the allegations she can only regain custody of her children, not her stepchildren, right? Also, if stepmom wants her children back she cannot live in the same home as her husband, right? or would that depend?

The investigation is sexual and physical abuse of 3 children, 1 boy (10) and 2 girls (2 1/2 and 9 1/2). It is the second time that dad/stepdad has had allegations against him. The first time the allegations were unsubstantiated due to a lack of physical evidence.

 

[Ohiogal]

Thank you, OG. That is what I thought. The CP's think that they can remove the children. If the Mom/Stepmom is cleared of the allegations she can only regain custody of her children, not her stepchildren, right? Also, if stepmom wants her children back she cannot live in the same home as her husband, right? or would that depend?

The investigation is sexual and physical abuse of 3 children, 1 boy (10) and 2 girls (2 1/2 and 9 1/2). It is the second time that dad/stepdad has had allegations against him. The first time the allegations were unsubstantiated due to a lack of physical evidence.

Has adjudication happened? Is dad being charged with a crime? If they finish their case plans then they (and the other parents involved) can look at reunification for the children if a case plan has been completed.

 

[Just Blue]

Thank you, OG. That is what I thought. The CP's think that they can remove the children. If the Mom/Stepmom is cleared of the allegations she can only regain custody of her children, not her stepchildren, right? Also, if stepmom wants her children back she cannot live in the same home as her husband, right? or would that depend?

The investigation is sexual and physical abuse of 3 children, 1 boy (10) and 2 girls (2 1/2 and 9 1/2). It is the second time that dad/stepdad has had allegations against him. The first time the allegations were unsubstantiated due to a lack of physical evidence.

Huh?? Is it Mom or Stepmother...Dad or Stepfather??

 

[mommyof4]

Huh?? Is it Mom or Stepmother...Dad or Stepfather??

I suspect Mom/Stepmother is one and the same.

She is the parent of at least one of the children involved and the Stepmother of at least one of the children involved.

Same goes for Dad/Stepdad.

 

[Just Blue]

I suspect Mom/Stepmother is one and the same.

She is the parent of at least one of the children involved and the Stepmother of at least one of the children involved.

Same goes for Dad/Stepdad.

Ahhh...Thanks!!

 

[NC Mom in Indy]

Has adjudication happened? Is dad being charged with a crime? If they finish their case plans then they (and the other parents involved) can look at reunification for the children if a case plan has been completed.

At this time CPS is only investigating the parents for abuse.

So, if dad is charged, after his sentence, punishment, therapy, jail time or what ever else, dad will be reunited with the 2 daughters that he abused?

What about the stepson?

If the little boy's mom is charged with something the same will be true for her as well?

If CPS decides not to charge the parents with anything will the NCP's and grandparents automatically have to return the children to the parents?

Huh?? Is it Mom or Stepmother...Dad or Stepfather??

Sorry, Mommyof 4 is correct. It is confusing, but the children are:

1 Boy (10) Mom's child. His Dad is the NCP.

1 Girl (9 1/2) Dad's child. Mom is the NCP.

1 Girl (2 1/2) Mom and Dad's Child together. Grandparents (Mom's parents) received custody of child, because both parents are being investigated.

I suspect Mom/Stepmother is one and the same.

She is the parent of at least one of the children involved and the Stepmother of at least one of the children involved.

Same goes for Dad/Stepdad.

Right.



If the dad is charged with sexually and physically abusing all 3 children will CPS attempt to reunite him with the children, or would he have to file for that in the DR court?

 

[Ohiogal]

At this time CPS is only investigating the parents for abuse.

So, if dad is charged, after his sentence, punishment, therapy, jail time or what ever else, dad will be reunited with the 2 daughters that he abused?

What about the stepson?

No. Not necessarily. CPS can decide to reunite the children with the OTHER parents. The NCPs. But the NCPs have to file for that.

If the little boy's mom is charged with something the same will be true for her as well?

CPS can decide to reunite the children with the OTHER parents. The NCPs. But the NCPs have to file for that.

If CPS decides not to charge the parents with anything will the NCP's and grandparents automatically have to return the children to the parents?

CPS is NOT criminal. The prosecutor can decide to charge the parents criminally. That is NOT CPS' role. What the NCPs and grandparents should be doing is filing a criminal complaint on behalf of the children. They should also be filing for custody (for the NCPs) and at least guardianship for the grandparents.

If the dad is charged with sexually and physically abusing all 3 children will CPS attempt to reunite him with the children, or would he have to file for that in the DR court?

CPS would have to by law work for reunification with the parents of the children. However they have a limited amount of time. Is dad going to be completely through his entire case plan (which would most likely include dealing with his legal issues -- criminal trial and such if formally charged, sex offender evaluation, parenting classes, maintaining job and housing that are appropriate, counseling) in a year? Is he going to be substantially compliant with that? Most likely not. And anytime before that year is up the other parents (NCPs) can file for legal custody.