TEAR's for Family Continuity

COMMON PRACTICE WITH NO PURPOSE

In the "Best interest of the child" or a "Take the Child & Run" policy implemented by Sacramento County, Dept. of Health & Human Services (DHHS), Child Protective Services (CPS)...REALLY???

**You decide**

It is my never ending pursuit to educate myself about Family Law, Welfare and Institution Codes, federal ICWA regulations, and anything else that will assist me in in my almost 4 year legal battle for the return of my children. I now feel I am more knowledgeable about specific laws, rules, guidelines, and even opinion related directly to my situation than "court-appointed" attorneys that are provided in the County of Sacramento. Let me say that I "live" this unorganized, and mostly UNACCOUNTABLE nightmare everyday of my life. Not by choice, but by necessity I have become my own advocate. I learned quickly that there are protections within "the system" to protect and preserve families. However, NOBODY seems to enforce the laws, rules, and codes, etc.

One court-appointed attorneys (2nd but not the last) for my CPS case - assigned to me sometime in the 3rd quarter of 2006 - was ADMITTED TO THE State Bar of CA in DECEMBER 2005* I wonder now what I should have asked then; How much experience did she have in family law? Specifically CPS cases where families are endangered and there is a high probability that ineffective assistance of counsel will dramatically affect the outcome of the case (i.e. a parent may lose the right FOREVER to contest the removal of a child simply because they are unaware, unprepared, and/or ill-advised in regard to the detention hearing)* Hindsight is 20/20 and the knowledge I have now, which is the rights and information withheld from me then, is of little value to me after the fact. With that said, I am luckier than most! Why? I should place a lot of emphasis on “little value” I referred to above. My luck is that I fall under Indian Child Welfare Act (ICWA) guidelines.  I have the privilege to bring my case back to court at any time, and am able to request the court to invalidate orders. I can go back and challenge the Detention hearing. That alone is my “little value”, while other parents who don’t fall under ICWA guidelines are NEVER allowed to challenge any of the previous orders…EVER!

In the beginning, before I knew my rights and what the ICWA was, I was unaware that if I did not address the improper removal of my children at the detention hearing THAT DAY AND THAT DAY ONLY, I would NEVER be allowed to address it EVER AGAIN! I would not be allowed to appeal it and EVERYTHING contained in the report from the SW became proof against me. Regardless if it is true, hearsay, or even if you have proof their allegations are untrue, you will NEVER be allowed to address the issue or argue the validity of the allegations made against you.

*In my situation, I simply tried to comply with their request believing I would have an opportunity to address the issue and it would be cleared up. I met my attorney 5 minutes before court began. I barely had an opportunity to introduce myself, let alone discuss the allegations, before we were called in to court by the "referee" (that is THEIR term...not mine). I had no time to read the report which was well over 50 pages. When in front of the referee I thought court was being postponed to allow time to go over everything with my "new" court-appointed attorney. A new court date was set...but not a continuance...the date was actually for the juris/dispo hearing. Having no idea that by agreeing to the "new" court date (juris/dispo hearing date) I was saying YES, YOU HAD A RIGHT TO TAKE MY CHILDREN, AND I'M NOT GONNA CONTEST THEIR REMOVAL, PLEASE SET A JURIS/DISPO HEARING DATE SO WE CAN GET ON WITH THE BLACKMAIL AND CORRUPTION YOU ARE GOING TO INFLICT UPON MY CHILDREN, MY FAMILY, AND MYSELF.

http://members.calbar.ca.gov/search/member_detail.aspx?x=239819
http://members.calbar.ca.gov/search/member_detail.aspx?x=239819
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