San Bernardino County Child Family Services CFS Keeping kids away from loving, stable, home with biological parent for 6 years Victorville California

 I am father of 3 boys who were taken from their mother in 2011. Now it's 2017 and I'm still fighting the County of San Bernardino CFS for custody of my kids. They have been permantely placed with a legal guardian that isn't family in 2015. In the beginning of this year, I was granted custody of my boys upon approval from the interstate transfer agency because I live out of state. That was in March 2017. The social worker finally came to my house and told me the interstate agency denied me because I was never tested for paternity and she gave me a new case plan and set me up to take a paternity test. Now mind you, I've already submitted to the court negative drug tests, counseling certificates, my felony charge reduced and dismissed, no trouble with the law since I was with the boys Mom in 2008, etc. and this was not the first time I've filed to get custody so I've done the above numberous times. And they wanted me to do random drug testing, counseling, individual and with the kids, to go to NA meetings, and do another drug program. Now also mind you, I've never been in trouble with drugs or drug usage. I've never been accused of child abandonment, neglect, or endangerment. I had a DUI in 2008 but I went to a 90 day program that included counseling, parenting classes, anger management, drug tests, domestic violence, etc. in 2012. That was their reasoning for not releasing my kids in my care the first time in 2011 when they were taken from the mother in Los Angeles County. I wasn't with the mother when they were taken, nor was I living with the mother. I found out months later that they were taken. So since then I have been doing everything I could to better my situation for my kids and have done everything and more that they have ever asked of me, but when it comes down to it, they always find a last minute reason to keep them from me. First time was because of the DUI, then it was because they were concerned about my sobriety, then it was because the person I was living with didn't get live scanned, then it was because it was lack of parenting in my 2 hour unsupervised visits, then it was because of my sobriety again, and now it's because of lack of supervision, safety, and medical neglect because my son hurt his foot a month before they were supposed to come home with me. The county messed up the set up of my drug tests as well. I went to test at the facility they set me up in and I found out I wasn't even in their system. I told the social worker and the lab people told me they'd call me when they got ahold of my social worker so I could test. They did not.

So, I ended up failing 2 drug tests for court, even though I spoke with the social worker and she was supposed to count the drug I took on May 8 for my new job, when my test was on May 4. I took a total of of 3 out of 4 drug tests for court and missed one because I wasn't in the system. They didn't correct their mistake instead used it against me. She said she needed the results so I wouldn't be missing a test. Well she definitely didn't use that test in court like she said she was going to. Then, my son got injured on May 14, less than a month before they were supposed come home with me. Him and his younger brother were playing outside in my front yard on a scooter chair and they ended up fighting over the controls. I told them to stop but instead my youngest drove the scooter into my truck while his brother's foot was in the cross path. I immediately went over to my injured son and helped him inside and performed the RICE protocol (rest, ice, compress, and elevate) and gave him some children's Tylenol for the pain. There was no immediate signs that pointed to a broken or fractured foot. There was no swelling, bruising, cuts, bumps, welts, you name it. He could put a little pressure on his foot. I thought it may have been just bruised, but the next day on our way back to the legal guardian's house (less than 24 hours after the injury) his foot started swelling.

So we got to the legal guardian's house and we told him that my son could have a fracture and he needs to go to the ER that night, but it was the legal guardian that refused and said "No, it's ok, I'll take him in tomorrow". We said it's no problem for us to take him now and he said "don't worry about it". Then after that, he cancelled all my visits. No one contacted me to tell me I did anything wrong or that my visits needed to be put on hold. And right before court the legal guardian said he needed to wait until he spoke with the social worker cause she told him to hold off on the visits. Now I wasn't made aware there was any changes and I wasn't made aware that I had to show up to court because I was told by the judge I just needed to call appear. So, I did that and they said they were going to call me back and they never did, not even a missed call. They reported the bailiff called but the phone receive calls. Which is crazy because my phone was on and I waited by my phone. My boss was even aware, but I did not get a call. So I didn't even get to defend myself and my lawyer didn't do anything about it either. He just said yeah, you needed to take him to the ER and the legal guardian said he wasn't informed of the injury. The later was a lie because the first thing I did was tell the legal guardian he needed to go to the doctors and he refused to take him. When they were with me during the initial injury, there was no indication that I needed to take him to the ER. I am a retired professional athlete, I'm pretty self aware of what a major injury looks like and there was no sign of it, so I waited to see if his condition worsened. And as soon as I did, I contacted the legal guardian and told him to take him to the doctors. I gave my son first aid medical attention. He was not neglected in any way. Now, I have not been in trouble with the law, I have my daughter living with me with no cases regarding her, I have proven to be clean and sober, I am no longer a felon, I have a good paying job, a safe 4 bedroom house for them, all my tools are locked up in a shed, I have consistent visits, I provide new clothes and shoes for my kids since they aren't allowed to wear good clothes to the visits (they wear holey clothes, shoes, socks, underwear, and clothes and shoes to big and too small to go out in public in).

In 3 total years of unsupervised visits including 1 year of overnight visits and 10 months overnight visits in my out of state home , and there have only been 3 injuries; 2 minor (like just a band aid required type of injury) and 1 major ( a fractured foot). So how is that a concern for medical neglect, lack of supervision and safety? How did things drastically change from March 2017 until June 2017 with one injury during that time? The other 2 injuries they used against me happened before the judge granted me custody. The social claimed to have "overlooked" them when doing her review. Bullsh*t. She didn't over look anything, there wasn't anything to overlook anyways. She claimed the kids were fighting over a tool, which mind you, I don't let my kids play with my sharp tools without my supervision, the tool they were playing with was a drill brush and my youngest and middle son got into an argument over it outside and my middle son got some scratches on his back. He went to their step mom immediately and she looked at the scratches and they were nothing more than scratches you get running into a bush or running into a stucco wall. And my oldest son got too close the fireplace after we told them they weren't allowed to be that close. He got a little burn on his arm but we put some burn ointment on it and a band aid. There's not even a scar on his arm. My son even told the social worker it was his fault. But somehow she came to the conclusion that there was no supervision in my home. Based off those three incidents in a span of 3 years. And she based that off of statements from a 6 year old, 7year old, and an 8 year old. She did not call me or investigate any of the incidences in question. Tell me how many accidents has your kids gotten in 3 years under your watch? The boys have even told me and the social worker that they want to live with me and go back to their home in our state, and they've told us that they don't want to live with the legal guardian anymore, not that they didn't like it but because they liked it better at my house. They feel more comfortable at my house. But that's not in the report. Only how they feel about the legal guardian which is only partial truth. My kids are in counseling now and they are doing better but not because they are living with the legal guardian but because they are getting to talk about their situation. Unlike what the report says. I need some real help.

The county is not looking out for the best interests of my kids. I have never gotten them taken from, never have I been charged with or accused of child neglect, abuse, or endangerment, I have never even had them live with me in the 8 years of their life because they've been with a foster parent for 6 years, I have all my stuff in order and I can provide a safe, loving, stable home to my kids; since I already do for my 3 year old. How is she ok to live with me and my boys are not? I don't understand what they are trying to prove here. They are wasting time and money on kids who have a good home to be in and with their biological dad instead of helping those kids who really do need to saved from their parents and foster parents. There is so much I can go on on and on about about how messed up my kids case is and how horribly it's being handled. I have complained about the legal guardian to the social worker and she doesn't do anything about it, just lets them stay there. My youngest got expelled from kindergarten. And my middle son was getting D's and F's. How is that better for my kids? They aren't able to live to their potential. Please someone hear me! and Help me! I'm desperate at this point!