Legal Question in Family Law in Washington
cps harrassment
I have 2 minor children, violated by older sisters boyfriend, he was not prosecuted. cps involvment resulted in removal of girls from home for almost 1mth! The safety plan is b.s. Drug and alcohol eval with random UA was only way I could get them home NOW. No basis for the drug eval, no criminal background on mothers part(am divorced). Now I'm ordered to pay full support for my girls that are now back with me but remain dependant until april! Cps also requests girls dad(not in our home) to pay 64,000 back support plus 800mth! And the state is docking me 100mth for not filling our support enforcement papers. This is outragious. Police lied to my daughter when he initially(w/o my consent or knowledge)spoke with her, stated cps had more than enough info to remove them from home(including their oldest sisters 1yr old) from home so just give statement and they'd remain home! Cps stated to me they didn't have enough info to meet their criterea to intervene so officer was investigating; but I needed to sign and agree to safety plan now! This started end of Oct, 06 I am 71/2mths pregnant, so frusrated, public defender is no help...any advice??
2 Answers from Attorneys
Re: cps harrassment
You need to sit down and pay rapt attention to me. The minute the State gets involved in your home life, the only acceptable response is to comply with their directions completely and willingly and instantly.
The consequences of failing to do anything they ask are egregious and will rip your family to pieces. Don't do this to your children.
I don't care how ridiculous the plan is, comply with it immediately and get your kids home now.
Your ex has an absolute duty to support these kids. Get out of the state's way and let the support enforcement do their thing.
If everybody in this situation except you is a liar, too bad. Everybody else in this situation gets to sleep in their own bed with their own family safely tucked in except you and your kids.
There is an ombudsman for DSHS and you can complain bitterly to them about how CPS is doing you wrong.
If you hate your public defender, fire them, the state has to provide you with a new one.
But you have to get over your resentment, buy into the state's plan and comply with each direction you are given if you ever want the state out of your life.
I am not kidding. DEAL WITH IT.
Powell
Re: cps harrassment
I take some exception with the answer of first attorney who responded to your question. She said, "You need to sit down and pay rapt attention to me. The minute the State gets involved in your home life, the only acceptable response is to comply with their directions completely and willingly and instantly."
This advice is good only if there is a court order, which you must obey until it is changed. It can be partially good even if there is not yet an order if the state has a good case and you want to get a head start on showing yourself cooperative. The advice is not good if you have a good case and fight it.
CPS often needs to be brushed back because they choose illegal or oppressive methods, and they may attempt to coerce you by threats of what they will do.
Rather than complying "with their directions completely and willingly and instantly ... [t]he minute the State gets involved in your home life," you need to contact an attorney who is not afraid of going head to head with the CPS and can advise you and protect you in all your dealings with this system.
Good advice MAY be to cooperate fully (or at least give the clear impression that you are), but good advice may also be to stand your ground and resist all attempts to make you do things they want.
Because it is not clear to me from your statement exactly where you are in the process, I could not clearly advise you without knowing more information.
As to the child support, it sounds like you and the father might have some legal defenses; but again, I would need to know more.