Oakland, CA asked in Family Law, Child Custody, Civil Rights and Juvenile Law for California

Q: Hi, my family has been fighting the illegal court custody of my 7m old nephew, who CPS took from his parents at 2 days

old from the hospita. The agent alleged abuse by the mother via a false positive test for substances despite the child testing negative and mother as well, and cleared by doctor to breastfeed. They emergency removed him frim the hospital with armed officers on completely fabricated evidence that we recently discovered the court appointed counsel has refused to aggressively contest. My nephew has now been detained in foster care for over six months and at most recent hearing it was determined that the father should continue reunification “plan”, and the family should have an increase of family time by way of increased visitation time, and addition of unsupervised visitation. Neither of these has happened, and in fact, the facilitator has cancelled many last minute, ghosted, and threatens to refuse to allow visits for no reason. What recourse do we have. I am desperately concerned for his safety and wellbeing. The fister care people will not return my calls about his food and diet.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: You have several options to address this situation. First, document every instance of canceled visits, missed calls, and any uncooperative behavior from the facilitator or foster care providers. This documentation will be essential for presenting your case to the court.

Next, consider filing a complaint with the California Department of Social Services about the handling of your nephew’s case, specifically highlighting the lack of visitation and any concerns about his welfare. This can sometimes prompt quicker action or an investigation into the case worker’s conduct.

Lastly, request a meeting with your court-appointed counsel to discuss your concerns and emphasize the need for a more aggressive approach. If you feel that your concerns are still not being adequately addressed, you might want to explore the possibility of requesting a change of counsel through the court. It's crucial to stay persistent and continue advocating for your nephew’s best interests.

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