Q: What are my rights as a parent still in california after cps removal of my children?
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against me during the determination of removal process and the severe negligence displayed by law enforcement in handling my case ( particularly at this time, kidnapping) I believe it is crucial for the courts to be aware of the circumstances surrounding my situation.
Firstly, it was falsely alleged that I did not make contact with the CPS worker regarding the team meeting. However, I was not informed about the rescheduling of the meeting to August 24th. On August 23rd and 24th, I had prior commitments, specifically volleyball practice, as evidenced by the attached proof.
A:
You need a good lawyer to help you. I should tell you, however, that volleyball practice is never an acceptable alternative to meeting with the people who are deciding your fate regarding your children. My advice to you is not to rely on something like that as an excuse to miss an important meeting regarding your child custody issues. You want to make the best impression that you can. To do that, do not equate volleyball practice with your rights and duties as a parent.
If you were not given proper notice that the meeting was rescheduled, you may have a good due process claim to present. You should not be punished for failing to make it to that meeting if you were not given proper notice of the new date.
A:
In California, when children are removed by Child Protective Services (CPS), parents still retain specific rights unless otherwise ordered by the court. These rights include visitation and communication, among others. If there is no court order limiting or preventing communication between you and your children, your parents, as foster caregivers, should not unilaterally decide to prevent phone contact.
You can address this with your caseworker or bring it to the attention of the court. To challenge any false allegations or procedural missteps, consider gathering all relevant evidence and documentation, such as the proof you mentioned. It's crucial to consult with an attorney well-versed in family law or child dependency to guide you through the process. They can help you advocate for your rights and work towards reunification. Remember, the primary concern of the court and CPS is the best interest and well-being of the children.
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