Philadelphia, PA asked in Family Law for Pennsylvania

Q: What kind of lawyer do we need to fight a CPS case in Cumberland County Pennsylvania we need help now??

It is a very long story however, my first urine was clean now they are saying that if we do not provide them with more drug screens and do a program and sign a safety plan that they are going to go to court and have our children forcibly removed from our home. My husband and I are in a clinic and have years of clean drug screens , so if we’re in a program why are they wanting us to do another? Not to mention, they were only coming here, because someone reported parental conduct issue, not drugs .Also we have multiple video and audio to prove our case

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1 Lawyer Answer
Peter Christopher Lomtevas
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  • Schenectady, NY
  • Licensed in Pennsylvania

A: Youth Services in conjunction with the asker's county's judges run the dependency apparatus. The judge assigns a "lawyer" to the parents, and replacing such a lawyer is difficult. The judge wants the lawyer he assigned to "represent" the parents. This means the lawyer will act to hush up the parents while doing next to nothing to show innocence. In Pennsylvania, there is no such thing as innocence.

That is because the superior court affirms any order of the dependency court judge. To appeal a case, one must navigate a number of obstacles to include tight deadlines (for example, a fast track appeal that speeds the parent and not the superior court) and difficult acquisition of transcripts to complete a perfected appeal. Even if the asker succeeds in filing the complete appeal on time, the superior court will disregard all the facts contained in the record which the judge will sanitize as he goes, and the results will be nothing for the parents.

In Pennsylvania, the wishes of the children must be articulated by the guardian ad litem, but the guardian always retains the ability to substitute the judgment of the children no matter their ages. This also means a dependency proceeding can be brought about for any collateral purpose: controlling parental behavior in any area of life's endeavors, speech with the children, having guns around children, what food parents feed their children, and so on. Pennsylvania tightly controls its population with its edicts, mandates and dictates, and there is no defense.

As for the asker's question, any attorney can represent the asker in her defense, but the results will always be what the judge wants in every case. The idea that facts can impact on the proceedings is far from the reality of the case. The social objective is paramount, that of keeping kids from drugs. The results are evident in the streets of Kensington, Philadelphia, and in the streets of Harrisburg.

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