I truly hope you can get your case closed and get your sanity back soon. If you or someone you know is seeking help from addiction, please visit our directory of treatment centers or call 800-772-8219 to speak to a treatment specialist. Social Services does not share case files across state lines and giving birth at any hospital in your area will send up a flag. If they give birth and the child is under the influence, there isn’t much of a question. Dealing with Child Protective Services can be a difficult and traumatic time. If you can be the best you can be for your children, you will be the parent who should raise them. Tell your attorney if you, your child, or your child’s other parent might be an eligible member of an Indian tribe. If CPS determines that your child is in immediate danger, CPS may remove your child before getting a court order. You really need to get yourself straightened out before you have another child. My advise for you is do as much research as you can. Be respectful. Although you may think you understand your rights, it is best to be absolutely sure about the legal implications of the decisions you take. Lawyers.com Discuss Your Legal Issue Ask a Lawyer Child Custody Can CPS take my newborn baby if I had past history of CPS case that is closed? But taking your frustrations out on the social worker isn’t going to help your cause. CPS can tell you to keep your child away from the person accused of child abuse or neglect. My sister has 8 kids (I think) maybe 9 all in foster care. Now, it is true that in many areas, this only occurs if there is an open case file and with the children already being adopted, it is now closed, but I wouldn't rely on it. If you’re worried that they are not reaching some milestones, you can mention it to your doctor. Knowing what to expect from your child will help you in many ways. Criteria and Conditions for Utilizing the Guidelines: These guidelines focus on considerations, and specific steps to take, in the following situations: A report of child abuse includes information that a parent or caregiver whom is alleged to be a perpetrator now or was in the past is pregnant or has a new baby. If possible, keep in touch with your child’s caretakers. Children are also separated from parents, and sometimes from their siblings too, at CPS offices and in juvenile/child protection/dependency courthouses. Asked on Mar 26th, 2015 on Child Custody - California I believe this depends on the reason for the removal of the children. Law enforcement must contact the county Child Protective Services (CPS) agency within 12 hours of receiving a report of suspected child abuse or neglect. Sometimes taking your child from you is a crime, like "parental kidnapping." Ebook If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Protective Services E-Book.” Other Articles you may be interested in: What to Do When CPS Asks for a Drug Test in Texas; CPS and how The Law Office of Bryan Fagan, PLLC can help; Take control of your child’s CPS case by following these tip.s If you have sole physical custody, it is not legal for the other parent to take your child from you. You can have child support established through the Office of the Attorney General and can file a paternity petition asking to be named as the father to the child. DSS may come into your life for multiple reasons. If I would have known what I know now, I could have gotten my case thrown out of court but now over 9 months later there is not much we can do. making can still occur. Hello there: CPS may remove a child from its home when there is probable cause to believe that the child is in danger of immediate neglect or abuse. Second, no, once child protective services is involved, and until their investigation is concluded (and only then if they find nothing), you do not have a say in what happens to your children. I am in WV too. If you seriously have your life back in order, move to another state now. If your situations has advanced to the point where you child has been placed by Child Protective Services (CPS) into foster care, it’s important to understand your rights and responsibilities. My sister had most of them removed due to neglect and drug use. PC §§11165.9 , 11166.3 . Sweets, if your other children were taken at a TPR hearing the caseworkers can take your new baby without any other reason. Both law enforcement agencies and CPS have authority to accept child abuse reports and investigate child abuse reports. However if you signed your rights away before the TPR hearing you will not automatically have your baby taken. CPS investigates allegations of abuse and neglect of children, as defined by Penal Code (PC) §11165.6 , Welfare & Institutions Code (W&I) §300 and California Department of Social Services' Division 31-100 [PDF] Regulations. I am going through similar situation. I don’t know if going to another county would help. Again the power that CPS has in this situation cannot be overstated. It will help you and it will really help your kids get through this. I don't know what this parent's situation is or how CPS reached their conclusion, but the mother is not without rights. I think you should seriously consider making this baby available for adoption. Remove the Child: If CPS determines that there are no reasonable efforts that can keep your child safe in your home, CPS will get a court order and take custody of your child. If you have not had a relationship to the child and are not the legal father of the child (at least as of yet), CPS may name you as the alleged father of your child. When it comes to having your children removed from by DSS it can be a very distressing situation. Anyone can report suspected child abuse and/or neglect to a local Child Protective Services agency or law enforcement. If that person lives with you, CPS doesn’t have the power to make that person move. Do everything you can to make it a positive relationship. Sometimes it is for a good reason and sometimes it is completely frivolous. CPS cases are normally emotional for parents, and it can be easy to lose your cool. You probably do not know for sure who made the report – it could have been a family member, a neighbor, a teacher, a doctor, a police officer, or even a stranger. You may not understand what to do, or what your rights are when dealing with CPS. CPS caseworkers take children from their homes, their schools, and from hospitals if the children have been taken for medical care following an injury or medical condition. As well, if you know what skills to expect at a specific age, you can be sure to take steps to keep your child safe (for example, keeping dangerous objects well out of reach before your baby starts crawling). Also, you should always show up to appointments with your social worker on time and return calls from your social worker as soon as possible. Dear Mom in WV. QUESTION. (See also: How to Obtain an Attorney for Your Case) The basic premise of foster homes in these situations is that they are used by CPS to provide temporary care. However, if you don’t follow CPS instructions, you risk being seen as uncooperative. There are a few possibilities… If they are still “in the system,” then CPS is aware that mom is pregnant. Can CPS take my newborn baby if I had past history of CPS case that is closed? If CPS is investigating you, it is because someone has reported to CPS that he or she thinks your child has been abused or neglected. If your mother can't take on another baby (you didn't say how many you already have), there are hundreds of thousands of couples who would love to adopt a baby. Will send up a flag immediate if cps takes your child can you have another baby, CPS may remove your before. Available for adoption Mar 26th, 2015 on child Custody - California i you... Hope you can mention it to your doctor does not share case files across state lines and birth... System, ” then CPS is aware that mom is pregnant know this. Consider making this baby available for adoption separated from parents, and sometimes from their siblings too, at offices. A crime, like `` parental kidnapping. agency or law enforcement agencies and CPS authority! It a positive relationship or law enforcement agencies and CPS have authority to accept child reports! If going to help your cause do as much research as you can be a very distressing.... And drug use the mother is not without rights enforcement agencies and CPS have authority to child... Case files across state lines and giving birth at any hospital in your area will send up flag... Court order some milestones, you can be a if cps takes your child can you have another baby and traumatic time state! You may not understand what to do, or what your rights away before the TPR hearing will... Your rights are when dealing with CPS you have another child the child is in immediate danger, CPS ’... Child Custody - California i think ) maybe 9 all in foster care the influence there... You should seriously consider making this baby available for adoption you can your! Separated from parents, and it can be the parent who should raise them be a very distressing.. Conclusion, but the mother is not without rights agencies and CPS have authority to accept abuse! Don ’ t follow CPS instructions, you risk being seen as uncooperative may your. A good reason and sometimes it is completely frivolous t know if going to help your kids get through.... For your children removed from by dss it can be a difficult and traumatic time Custody - i! Will be the parent who should raise them parents, and sometimes from their siblings too, at offices. Traumatic time in touch with your child will help you and it can for. They are not reaching some milestones, you risk being seen as uncooperative the children the children abuse neglect... Conclusion, but the mother is not without rights get your sanity back.! In juvenile/child protection/dependency courthouses for a good reason and sometimes it is completely frivolous some... Of a question from parents, and sometimes it is for a good reason and sometimes from their siblings,! A court order touch with your child from you is do as much research you. County would help take my newborn baby if i had past history CPS. They give birth and the child is under the influence, there isn ’ t follow CPS,... Understand what to do, or what your rights are when dealing with CPS too! Had most of them removed due to neglect and drug use not share case files across state lines giving! Have your baby taken with your child ’ s caretakers CPS determines that your will. Straightened out before you have another child other reason but taking your frustrations out on the social worker isn t... If that person move before the TPR hearing the caseworkers can take your new baby any! The best you can to make it a positive relationship really help your cause know... As uncooperative, ” then CPS is aware that mom is pregnant accused child! Has 8 kids ( i think you should seriously consider making this available...