What is the name of your state? Texas, Nevada
My Brother and his Common Law Wife had a son March 15, 2006. Feb 15, 2007, they arrived in Texas with the intention of residing here (near more family support, etc). My Brother started a job 10 days later. Our family recognized that something was wrong with the Wife almost immediately. My Brother reluctantly told us she is diagnosed with Bipolar Disorder and Schizophrenia (on SSI, also). At the time she had been unmedicated since 2005 and was pregnant with their second child. ( She has had two 6 month confinements in a mental health facility, one in Washington and one in Idaho).
5 weeks later she called the police and claimed she had just been beaten and drug down the street by her hair (My Bother was with me, the officer clued in immediately to the psych issues and she went back to bed). The child's 1st Birthday Party was later the same day.
The next day, March 19, 2007, she called 911 from a store and said she had been kidnapped. She and the child ended up in a shelter. The Officer called CPS and APS. I called CPS and provided specific details of her inappropriate interactions with the child. My Brother did the same. He immediately hired an attorney and filed for emergency custody, believing that she was still at a shelter. A mental health warrant was also issued. As it turned out, she was given a bus ticket to NV in less the 48 hours. Whoever interviewed her said she appeared perfectly normal.
Attempts to serve her were also done at her Mother's home in Oregon, and another friend's home in Nevada. She could not be located.
January 23, 2008: The children were taken into CPS custody, where they still remain.
The home was in a horrid state, with bags and small items on the floor. Laundry detergent was spilled all over the bathroom floor. There were no sleeping areas for the young children. The 4 month old (at the time) was found sleeping in a carrier in a filthy sleeper and smelling very badly. The Mother was unable to answer simple questions. She did however state that the condition of the home was the 22 month old child's fault, and that he would never put something in his mouth because he was well fed.
February 5, 2008: My Brother is contacted by CPS in NV. He is told that the second child is a little girl, and was given a few details about the children and their condition. He was initially accused of abandonment (these allegations were dismissed at the court hearing on Feb 28, as all of the supporting documentation was forwarded to CPS immediately). The Wife is charged with mental incapacity and agreed that the charge was valid (pled guilty?, I guess)
Paternity was verified, and an emergency ICPC was ordered on March 20, 2008. The initial case worker reassured my Brother that the process was lengthy, but they were attempting to place the children with him, even though the ultimate goal is always to attempt reunification with the parent they are taken from.
Some other facts here:
The Wife was not in TX long enough to be considered a TX resident (so she is still a NV resident). Both children were born in NV and are considered NV residents. My Brother is now a TX resident (6 month residency requirement).
It is a felony in NV to hide children from a parent with the intention of denying or the other parent a parent-child relationship. My Brother made CPS aware of this (This clearly irritated them... like stepping on their toes). He has not yet pressed charges, but did speak to the DA about it. They referred him to the appropriate detective, and also to an attorney.
The Wife has 3 older children (19 y.o. son, twin 18 y.o. girls). The girls took her to the hospital in an attempt to have her committed on 2 occasions after the birth of the new baby on September 13, 2008).
One of the girls (they are senior in HS and turned 18 Jan 15th) resides with the Mom. The other resides with a boyfriend and his Mother. The one that does not reside with the Mom made a statement on my Brother's behalf to CPS.
March 20th court date: The 2 year old child appears to have brain damage... later, they are calling it an attachment disorder (This is consistent with the Mom inability to interact with the child... While in TX, she did not show affection to him at all, she never spoke to him, and brushed him away when he tried to go to her.)
After the last court date, March 20th, (on the phone), the ICPC was ordered. Shortly after this date, a new case worker was assigned to the case (evidently, initial case worker only stays on the case for 50 days or so).
April 3, 2008, the new case worker basically says that they will know more in June. My Brother is panicking, as it appears that CPS has flipped sides. Here, his first child was abducted a year ago (again, child abduction in NV is a felony) and he didn't even know he had a daughter until CPS contacted him, so he hasn't even met her yet. The Mom's next court date is actually July 20, 2008.
CPS says that the case is more difficult because my Brother is in another state...ok. Remember that she kidnapped his son to go back to NV, otherwise, she would have received mental health care in TX and none of this would be an issue.
Once the ICPC is completed, CPS now says that the kids may not be placed with him (the Father), but with the Mom's Sister if he agrees (absolutely not). He wants his children, and has no allegations or charges against him. The Mom's mental health issues have always been an issue. Her older children lived with various members until my Brother came into her life and helped her get them back (They were together 4 years before coming to TX).
OK, we're still on April 3, 2008. My Brother called the DA to discuss filing kidnapping charges (referred to detective and an attorney). In the meantime, the CPS caseworker calls back and says she apologized for the earlier conversation, as she had not read the entire case (small glimmer of hope, maybe). My Brother calls the attorney (the DA had already spoken to the attorney about the case before the attorney called my Brother back). The attorney is fired up and has agreed to take the case at no charge to my Brother. There is an emergency custody hearing Tues, April 15th.
I, personally, have very little trust in the system at this point. I understand that there is red tape and appropriate protocol. It goes with the territory.
Here are my actual questions:
Can CPS really disregard my Brother's right to have the children placed with him (legal custody will have to be established between the parents)? Paternity has been verified, and he has done anything they have asked. The children have been in CPS custody over 3 1/2 months at this point.
Can they ignore the fact that the Mom committed a felony and has been hiding the children from him for 10 months (at the point CPS became involved)? CPS specifically asked that my Brother bring those issues up after he had the children in his care (this was earlier on, when he still had the initial case worker).
Was it also illegal for the Mom the cross state lines with the children when she went into hiding (In TX it is not illegal to hide children from the other parent...frowned upon, but not illegal when there is no custody order). My brother was told that it was, but I have not yet found the law.
What should be happening next? What should the attorney do from this point? (I truly appreciate that he has taken on my Brother's case, as is my Brother, but am still very cautious as this just seems to be taking so long). I do know that the Attorney with bring up the issue of abduction in court on Tuesday, as well as the Mom's mental history, and the fact that CPS took possession of the children in January. He said that the state should pick up the kidnapping charge against the Mom (I do believe this, as the DA personally called him about the case). The attorney aslo file a motion against CPS (Brother doesn't know what it was called, but it was to remove custody from CPS).
I appreciate any responses and have more details if they are necessary. (Sorry this is so long).What is the name of your state?
My Brother and his Common Law Wife had a son March 15, 2006. Feb 15, 2007, they arrived in Texas with the intention of residing here (near more family support, etc). My Brother started a job 10 days later. Our family recognized that something was wrong with the Wife almost immediately. My Brother reluctantly told us she is diagnosed with Bipolar Disorder and Schizophrenia (on SSI, also). At the time she had been unmedicated since 2005 and was pregnant with their second child. ( She has had two 6 month confinements in a mental health facility, one in Washington and one in Idaho).
5 weeks later she called the police and claimed she had just been beaten and drug down the street by her hair (My Bother was with me, the officer clued in immediately to the psych issues and she went back to bed). The child's 1st Birthday Party was later the same day.
The next day, March 19, 2007, she called 911 from a store and said she had been kidnapped. She and the child ended up in a shelter. The Officer called CPS and APS. I called CPS and provided specific details of her inappropriate interactions with the child. My Brother did the same. He immediately hired an attorney and filed for emergency custody, believing that she was still at a shelter. A mental health warrant was also issued. As it turned out, she was given a bus ticket to NV in less the 48 hours. Whoever interviewed her said she appeared perfectly normal.
Attempts to serve her were also done at her Mother's home in Oregon, and another friend's home in Nevada. She could not be located.
January 23, 2008: The children were taken into CPS custody, where they still remain.
The home was in a horrid state, with bags and small items on the floor. Laundry detergent was spilled all over the bathroom floor. There were no sleeping areas for the young children. The 4 month old (at the time) was found sleeping in a carrier in a filthy sleeper and smelling very badly. The Mother was unable to answer simple questions. She did however state that the condition of the home was the 22 month old child's fault, and that he would never put something in his mouth because he was well fed.
February 5, 2008: My Brother is contacted by CPS in NV. He is told that the second child is a little girl, and was given a few details about the children and their condition. He was initially accused of abandonment (these allegations were dismissed at the court hearing on Feb 28, as all of the supporting documentation was forwarded to CPS immediately). The Wife is charged with mental incapacity and agreed that the charge was valid (pled guilty?, I guess)
Paternity was verified, and an emergency ICPC was ordered on March 20, 2008. The initial case worker reassured my Brother that the process was lengthy, but they were attempting to place the children with him, even though the ultimate goal is always to attempt reunification with the parent they are taken from.
Some other facts here:
The Wife was not in TX long enough to be considered a TX resident (so she is still a NV resident). Both children were born in NV and are considered NV residents. My Brother is now a TX resident (6 month residency requirement).
It is a felony in NV to hide children from a parent with the intention of denying or the other parent a parent-child relationship. My Brother made CPS aware of this (This clearly irritated them... like stepping on their toes). He has not yet pressed charges, but did speak to the DA about it. They referred him to the appropriate detective, and also to an attorney.
The Wife has 3 older children (19 y.o. son, twin 18 y.o. girls). The girls took her to the hospital in an attempt to have her committed on 2 occasions after the birth of the new baby on September 13, 2008).
One of the girls (they are senior in HS and turned 18 Jan 15th) resides with the Mom. The other resides with a boyfriend and his Mother. The one that does not reside with the Mom made a statement on my Brother's behalf to CPS.
March 20th court date: The 2 year old child appears to have brain damage... later, they are calling it an attachment disorder (This is consistent with the Mom inability to interact with the child... While in TX, she did not show affection to him at all, she never spoke to him, and brushed him away when he tried to go to her.)
After the last court date, March 20th, (on the phone), the ICPC was ordered. Shortly after this date, a new case worker was assigned to the case (evidently, initial case worker only stays on the case for 50 days or so).
April 3, 2008, the new case worker basically says that they will know more in June. My Brother is panicking, as it appears that CPS has flipped sides. Here, his first child was abducted a year ago (again, child abduction in NV is a felony) and he didn't even know he had a daughter until CPS contacted him, so he hasn't even met her yet. The Mom's next court date is actually July 20, 2008.
CPS says that the case is more difficult because my Brother is in another state...ok. Remember that she kidnapped his son to go back to NV, otherwise, she would have received mental health care in TX and none of this would be an issue.
Once the ICPC is completed, CPS now says that the kids may not be placed with him (the Father), but with the Mom's Sister if he agrees (absolutely not). He wants his children, and has no allegations or charges against him. The Mom's mental health issues have always been an issue. Her older children lived with various members until my Brother came into her life and helped her get them back (They were together 4 years before coming to TX).
OK, we're still on April 3, 2008. My Brother called the DA to discuss filing kidnapping charges (referred to detective and an attorney). In the meantime, the CPS caseworker calls back and says she apologized for the earlier conversation, as she had not read the entire case (small glimmer of hope, maybe). My Brother calls the attorney (the DA had already spoken to the attorney about the case before the attorney called my Brother back). The attorney is fired up and has agreed to take the case at no charge to my Brother. There is an emergency custody hearing Tues, April 15th.
I, personally, have very little trust in the system at this point. I understand that there is red tape and appropriate protocol. It goes with the territory.
Here are my actual questions:
Can CPS really disregard my Brother's right to have the children placed with him (legal custody will have to be established between the parents)? Paternity has been verified, and he has done anything they have asked. The children have been in CPS custody over 3 1/2 months at this point.
Can they ignore the fact that the Mom committed a felony and has been hiding the children from him for 10 months (at the point CPS became involved)? CPS specifically asked that my Brother bring those issues up after he had the children in his care (this was earlier on, when he still had the initial case worker).
Was it also illegal for the Mom the cross state lines with the children when she went into hiding (In TX it is not illegal to hide children from the other parent...frowned upon, but not illegal when there is no custody order). My brother was told that it was, but I have not yet found the law.
What should be happening next? What should the attorney do from this point? (I truly appreciate that he has taken on my Brother's case, as is my Brother, but am still very cautious as this just seems to be taking so long). I do know that the Attorney with bring up the issue of abduction in court on Tuesday, as well as the Mom's mental history, and the fact that CPS took possession of the children in January. He said that the state should pick up the kidnapping charge against the Mom (I do believe this, as the DA personally called him about the case). The attorney aslo file a motion against CPS (Brother doesn't know what it was called, but it was to remove custody from CPS).
I appreciate any responses and have more details if they are necessary. (Sorry this is so long).What is the name of your state?