Blogs by Deborah K. Frontiera
Fighting CPS
11/28/2011 12:55:03 PM
The purpose of this blog is to provide updates on some of the cases I reported in my book (Fighting CPS: Guilty Until Proven Innocent of Child Protective Services Charges ISBN 9-780-9800061-6-2) that had not been resolved when the book went to press, and to report other cases where CPS is not working up to par. I’d also like to hear about cases in which Child Protective Services did the right thing so those cases can serve as examples of what should be done. Occasionally, I will report helpful tips and web sites with advice on fighting CPS.
From a state other than Texas from a “small town” area, comes this story of yet another child who may fall through the cracks due to Child Protective Services lack of follow-through on a case. The details of the case remind me a little of what CPS Caseworker Supervisor, Ms. 246 told me about her rural area and the reluctance of judges to sever parental rights of parents who “don’t want to be fixed” or do not cooperate by making changes in their life styles to keep children safe and are given too many chances to change. (See Fighting CPS pages 234-237 for the interview with Ms. 246.)
Unknown to Grandma and Grandpa, their daughter and her live in boyfriend (Father) were in jail. Someone in their apartment building had heard fighting and the baby crying and called police. Police arrived to find signs of physical abuse, excessive alcohol consumption and drug paraphernalia lying about. The paternal grandparents were called at Father’s request. That evening, the paternal grandmother called Grandma to ask her to take the child as she was not equipped to do so. Once in Grandma’s custody, Child Services made an unscheduled visit to Grandma and Grandpa, questioned them extensively, requested background checks, fingerprinting, etc. Child Services initial approach made Grandma and Grandpa feel as though they were criminals. Later, Grandma learned that Child Services had been contacted twice before concerning Daughter (who at eighteen was an “adult” but still a “minor” when it came to alcohol consumption) and had done nothing. Grandma also wished that Child Services would have been as through with investigating Daughter as they had been with investigating Grandma and Grandpa’s fitness as foster parents.
Daughter and Father did nothing to comply with life changes ordered by the court if they wanted to regain custody of the little girl. These issues included anger management counseling, alcohol abuse counseling, mandatory drug testing, child care classes, job searching, expected hours of supervised visitation with the child, housing (Daughter was kicked out of the apartment) etc. Child Services decided ask the court for termination of parental rights, but then backed off deciding to let the parents keep trying. There were changes in caseworkers, with at least one case worker is no longer working for Child Services . . . sounds familiar. The parents continued to do nothing, but to everyone’s surprise, voluntarily gave up all rights at the hearing. Grandma and Grandpa happily adopted Granddaughter and, now around three years old, Granddaughter is doing very well.
But the saga continues. Daughter was told by the court that if she had another child with the same father, the state would remove that child from her custody at birth. She was also told she must not continue to live with Father, or allow him to live with her. Well . . . Daughter became pregnant again with Father and he continues to live in her apartment. Social agencies involved the first time around asked Grandma and Grandpa to keep up their foster parent status and take the baby if it came to that. They decided not to, for the sake of Granddaughter. (Perhaps they had had enough of the local agency’s inefficiency.) Daughter and Father continued to do nothing to change their life styles or comply with any court orders, but Daughter did tell Grandma that her doctor had told her that he was obligated to report the birth to Child Services.
The child was born, Child Services was notified, but did not act to remove the new baby. New Baby continues with Daughter and Father. No counseling or rehabilitation issues were ever resolved. Grandma says, “The whole thing is ridiculous to me. Thank God, that when my daughter does stop in every few weeks, that the baby seems to be doing well.”
I will try to keep you posted on this case as new news develops.
Lesson to learn from this: if you are involved with a case and know there are problems with a child’s parents, do not let up on Child Services! They often “drop the ball” to the detriment of the child. Stay involved with that family and try to keep an eye out for those precious children.
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