Cps Violates Court Order

Summary

The user alleges that Child Protective Services (CPS) in West Virginia violated a court order by removing her children from her care without just cause. She claims CPS failed to adhere to the stipulated procedures, including providing written notice of changes in custody and the right to a court hearing. The user has video evidence supporting her claims and has sought legal aid. She has been advised not to challenge CPSs actions due to potential retaliation. The user is considering filing a complaint against CPS for violating the court order.

Full Conversation

My children have been taken from my care and placed in the care of my mother because a petition was filed by CPS however they broke their own court order to do so and they did so without just cause
What state are you in, ****? This will help me provide the most accurate information regarding CPS procedures and potential violations.
Wv
What specific court order did CPS allegedly violate? In West Virginia, CPS must adhere to strict procedures when removing children from their homes.
I was put under temporary protection order to last no longer than 7 days I signed and agreed to terms as did the worker, I admitted myself into the hospital and was discharged the day that the order was to be over. The caseworker then filed a ratification for emergency custody of my children which was signed by a magistrate stating that a petition must be filed within two days of the ratification or my children were to be returned to my custody my mother under advise of the caseworker did not return my children. I was not notified of the ratification or provided with any documentation and did not hear from CPS until the * of August in which I was told that my children were already in state custody and I now had to have supervised visits and go to court the petition was not filed until the next day the * of August stating my children were in imminent danger and that I tested dirty on drug screens which was false as I was in the hospital for mental and addiction services per caseworkers advise and had not been around my kids since July * nor did I have a chance to screen after leaving detox because the day report did not show up to test me on my days. She reported I continue to screen dirty signed myself out of detox when I was released under doctor orders and then drug screen company failed to screen me when I did my part in contacting them and that I am severely mentally ill when I have been seeing psychiatrist and drug therapist since July the *
Did you receive any written notice about the ratification for emergency custody or any court hearing regarding this matter?

In West Virginia:
- CPS must provide written notice of any changes in custody.
- Parents have the right to a court hearing.
I did not receive written notice of ratification and had to go to the sheriff's department to be served the petition because it had just been filed after 2pm on the * of August I got a preliminary which was scheduled for August * but my appointed attorney did not get back in contact with me despite my great effort until * minutes before the preliminary in which I was told if I challenged that I would lose rights to my children by oct * and would not hear any of my evidence therefore I waived my right to a preliminary because I was afraid I'd lose my parental rights if I argued the truth
Did you have any witnesses or evidence to support your claims against CPS? In West Virginia, evidence can play a crucial role in child custody cases.
Yes I have video evidence of the caseworker on the * telling me it was the prosecutor fault and that if they weren't going to move forward that I definitely would get my kids back that she trusts me and I have filed for copies of all case materials in which she and other have said consistently that my parenting skills were ok my home and children were in no danger and my mother as a witness that she and another worker said they never seen me look drug affected or severely mentally ill
What steps have you taken so far to challenge the CPS decision? In WV, parents can request a hearing to challenge CPS decisions.
I waived my right for a preliminary under lawyer advise due to fear of losing my kids they scheduled a MDT on September * and adjudication on Oct * however my children weren't ever put back into my custody after the ratification as ordered by magistrate and were held 7 days against court order in which they are now in my mother's custody to remain until court and I've been given once a week supervised visits I have missed out an will ms out on the first year of my daughter's life my son's first day of school all unjustly
Have you considered filing a complaint against the CPS for violating the court order? In West Virginia, you can file a complaint with the Department of Health and Human Resources.
I had been advised against it because of possible retaliation
Who advised you against filing a complaint and why? In general, it's important to know that retaliation for filing a complaint is illegal.
Everyone I have spoken to has said that arguing with them will cause me more trouble in ever getting my children back
What evidence do you have that supports your claim of unjust treatment by CPS? In West Virginia, evidence can be crucial in child custody cases.
Video evidence of the worker telling me she knows that I'm not a danger I take care of my children and after following her advise and after bettering myself significantly she told court my children were in danger and I was unfit not filing papers in timely manner nor updating me she also stated in the petition that I agreed to it which is false as she had told me my children were already in state custody and what I was to do moving forward I was never explained why or given choice nor was I notified of the filing of ratification or terms
Have you consulted with a different attorney about your case? It's important to have legal representation that fully supports your interests.
No as I am unemployed and low income
Have you considered applying for legal aid? In West Virginia, low-income individuals can apply for free or low-cost legal assistance through Legal Aid of West Virginia.
Yes
What was the outcome when you applied for legal aid?

In West Virginia, Legal Aid can provide free or low-cost legal assistance to eligible individuals. Their contact is *-*-*-*.
I can get legal aid I just wanted as much information and education as I can get
What specific information or education are you seeking regarding your case? In West Virginia, Legal Aid can provide guidance on child custody cases and CPS procedures.
What can happen for them holding my children after ratification runs out
What specific actions did CPS take after the ratification period ended? In West Virginia, if CPS violates court orders, it could potentially face penalties, but it depends on the specific circumstances.
7 days after I was spoken to and told my children were already in state custody the petition wasn't filed until the next day
What actions have you taken since you discovered the petition was filed late?
Told my attorney before preliminary and he stated challenging would cause me to lose my rights by oct *
What evidence do you have to support your claim that the petition was filed late?
My mothers petitoon order with date and stating petitoon was to be filed within two days or my children were to be returned and the petition that is dated 8 days after ratification ended
Have you presented this evidence to your attorney or considered getting a second opinion from another attorney? In West Virginia, it's crucial to have legal representation that fully supports your interests.
Yes
What was your attorney's response when you presented this evidence?
Not to challenge
What was the reason given by your attorney for not challenging the late filing of the petition?
It wouldn't get my kids back and I'd lose rights
What steps have you taken to secure a different attorney who might be willing to challenge the late filing of the petition?
Legal aid
What was the response from Legal Aid when you reached out to them for assistance?
No call back yet
Have you followed up with Legal Aid or considered reaching out to other legal assistance organizations in West Virginia?
What other organizations
In West Virginia, you can also reach out to the West Virginia State Bar's Lawyer Referral Service. Their contact number is *-*-*-*.