- Report: #348560
Report - Rebuttal - Arbitrate
Complaint Review: Department Of Children And Family Services
Department Of Children And Family Services373 West Julian Street San Jose, California U.S.A.
Department Of Children And Family Services Extreme violation of parental rights and child rights of association with her family Child Protective Services San Jose California
*Consumer Comment: Our parental rights are being taken away as we speak please read!!
The officer spotted the vehicle parked in the lot on private property of the owners of the motel. He drove in and decided to check dmv for the registration status, which returned a report of the last registration being paid in 2002 for the vehicle. Its current tags displayed 2002 color just happened to be the same as the current 2007 stickers so the officer did not get a close examination of the tags instead decided to do a not consented search via open side door. Inside this vehicle were papers and other personal items of the owner who just bought the vehicle recently. The officer knocked on the door next to mine and when the occupant asked who was there the cop stated "randal" the occupant stated " sorry I don't know any randal you got the wrong room" the officer then states " are you the owner of this vehicle parked right here.?" The occupant answered " nope but the girl next door might know who is the owner"
The cop then proceeded to knock on my door while my child was asleep I had been crying due to our situation with her father being hospitalized. I asked at the door who is it and the reply came back as " randal" so I opened the door and three officers barge into my room and start picking it apart and wake up my baby. I asked why they were there and told them "I don't consent to a search of the room" they laughed and stated they didn't need one because I had commited a fellony.
I had no idea what they were reffering to and continued to nervously stand my ground on them going through my stuff. They asked what I was hiding and baited me for hours about various things trying to get me to admit to anything they could use against me. I was told I was going to be charged a fellony for the stollen tags on the vehicle parked outside. I said it wasn't my vehicle. The one cop asked where the guy who registered the room was. I said the rooms in my name and no guy is staying with us its just my daughter and I since her dad is in the hospital with many serious issues to deal with, thats why I had asked a friend to drive us to visit him the night before.
The friend had met up with someone telling me he would be back for the vehicle shortly. I went to bed and figured he had already came and left with it. The officer searching near the garbage can finds an empty ciggarret pack that was mine but contents were unknown to me honestly. Inside was a broken meth pipe "randal" must have put there to throw it away but it landed on my backpack sitting next to the garbage can. This throws the cops in full search mode and they tell me to start calling for someone to come get my baby or they will call cps.
I couldn't find anyone off work and available at the time to come get my child. I was crying and scared as these officers were quite mean and having alot of fun at my expense. I was arrested and taken to jail my child put in foster care. The charges for the vehicle were dropped in court but the broken pipe and other pipe they found under the bed and refused to finger print for the true owners prints they laughed and said" everyone always claims its not theirs whats up with you meth freaks?" I replied that those things found were not mine I had let a friend use my room lastnight as I visited my daughters dad who had a brain hemorrage and was not doing good, randal had been on parole and now as of yesterday he just got released off parole I believed he was sober" They told me to call him (randal) and get him over to the room so they can verify any of what I claim if not its on me and I'm going to jail.
I called getting no answer from him several times crying and begging the police not to arrest me and put my kid in the care of others I don't know. I have guardians for her if I couldn't take care of her but they live out of calif in texas now, they used to live here many years but recently moved. I told them my guardians were the childs god parents and would come get her. They said I had 15 min to call and find someone to come get my kid or cps would take her.
They found no evidence of drugs anywhere other then the cig pack and under the mattress there was no residue anywhere no baggies straws nothing! The child was a happy healthy looking very well cared for 7 month old girl referred as G. M all her dr visits were done her shots all on time she was not a tox positive child either. The child was not in any danger except for by the police who took her away and placed her into the foster care system where she was severely abused!
I have prior drug history a felony conviction in 2000 the only felony I ever got. Its 2006 in november you would think they would get over my stupidity and let it go by now.....I have learned enough lessons really I have! My child was kept in the cps 's grip after I tell the case worker I was temporarily staying at the motel until my roomates family left. She reports I am homeless and was bouncing around from place to place there for couldn't provide a safe place for the child. My room mates family was leaving in like 2 days then I had a huge house with over half of it for my own personal use. They claim I could relaps at anytime and therefore pose a danger to my child. I had a prior case with my son 2 years prior which ended in my parents adopting my son.
With that case I got arested in court or remanded because on prop 36 I failed to do as the judge ordered only because I had no other option available since I lived in mountain view at the time. I was on prop 36 because when pulled over in my ex's van the cop found a half straw he left under the carpet so they gave me prop 36 to do in lieu of jail time. Cps ordered me out of my parents home where I began staying and said I could come back if I gave them 8 clean tests. I gave them 8 tests clean they had a mediation meeting where the mediators said I couldn't go back yet they wanted another 8 tests. I foolishly snapped and relapsed being out on the streets with no kid no parents the cps lying to me making promises they never followed through with when I complied they just asked for more and more.
Every time I went to court I got a new lawyer to review my case and stand in to represent me. None of them ever had enough time to spare to adequitley provide a defense for me. My parents had my son so I knew he was safe. I didn't expect them to go behind my back and insist on adopting him as fast as posible. By the 6 month hearing I had just begun the drug treatment program as the waiting list was very long, I didn't have an apartment of my own yet so I gave up and let my parents adopt my son. I never abused him nor my daughter I just got arrested and had no one to get my children.
So the prior case is used against me with this case and the only thing cps says for its reasons on keeping my child is I could relaps and in the future abuse my child under the influence. None of the visitation reports for two years ever said I was a threat to the childs safety in fact they are glowing reports on how nice and bonded with the child encouraging her in her development and showing concerns to the obvious problems I notice with my child who was on track before being placed in the foster home. For over a year my child exibited signs of neglect and developmental delays as if she was being restrained, she had bright redness on her face legs and arms each visitation which was twice a week at the time.
I continually mentioned these concerns to the caseworkers and was told that dr's have seen her and she is fine its from cold weather. But if that was the case then why did it not go away once inside and why is my child banging her head and slapping herself saying "bad baby" their reply was that my child spoke no english words yet only gibberish to them and the foster parent. Shocked at this statement I encouraged them to stop by a visitation with me to see for themselves my child says alot of words but can not wallk yet which is a concern as she acts like she is crib bound or restrained for long periods of time. Eventually the foster mom admitted to this being true she confined my child day in day out to her carseat as she ran errands and did things for the 8-11 kids she had in her home.
I had a meeting where the caseworker admitted the placement was causing my child to be delayed. I asked how come I can't have her with my family I have a sister in law willing to take her in. I was told if its not local then I have no priority in placement options my child would get a new foster adopt parent as I continued to follow my case plan. I asked to meet the prospective parents and was given the run around. I'm not a violent person at all no one has anything to fear from me. I just don't want my child with another foster care where she will get treated unfairly and maybe get more abused. I learned from my mom who sent a note to the new foster parents during a visitation I allowed her to join in on with my husband and I, that the new foster parents were a lesbian couple. My mom had no prior relationship with this child so I required the agency to only allow visits when I'm present. This note went around what I felt was my right to enforce upon my mom since she just met the child. The foster parents agreed to letting my mom have my child over her house for 4 hrs every monday so in court they can claim a sibling relationship wont be severed if they are allowed to adopt my child.
I can not believe cps promotes the destruction of families so readily opt for the surogate parents over biological parents. On top of that place children in homes where the structure and traditions of the childs family are completely disregarded. My family aside from my mom want nothing to do with her and are furious cps has place my child in a homosexual living environment, with no male role model the girls have lots of issues to deal with more so then boys growing up. My child has a dady and its so sad the power this agency has to dictate what your childs future is going to be like. I have no hate or animosity for the lesbians so far they truely seem to care about her and since the last abusive home my child is now walking and getting back on track. But whats to say of the future they could abuse her physically sexually ....why they want a girl? No I'm not serious there but shows where the mind can go if it wants to do the what if's game.
Cps or Dcfs what ever you call it bases a majority of its rediculous opinions that rip people to shreds forever our hearts can never get over this pain! All on what if! We as people need to eradicate this agency they are not doing the united states a favor at all they are stealing kids and making parents do all these requirements that all of a sudden you have to rearrange everything in your life to accomidate these must do things. They give such unrealistic expectations upon you it would cause you to be the slave unto them. Cps stands for consistantly promoting servitude! Or crushing parental sanity! I made these into stickers and hand them out I will never be the same again.
My child never knew neglect or abuse or any other caregiver to give her all the love in my heart.
She only knew abuse and frustration at the hands of the state system for todays foster care. I am going to sue the cops who arested me and sue cps case workers who knew my child deserved not to be restrained every day for hours upon hours getting sun burned, those have gone but who knows what the future holds for my child after being in this horrible system.
I think cps has overstepped its powers and any child not abused should never be seperated even during investigation time it effects the little ones so bad and they dont care! Really sad really a rip off!
los gatos, California
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This report was posted on Ripoff Report on 07/08/2008 01:12 AM and is a permanent record located here: http://www.ripoffreport.com/r/Department-Of-Children-And-Family-Services/San-Jose-California-95110/Department-Of-Children-And-Family-Services-Extreme-violation-of-parental-rights-and-child-348560. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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