I finally completed Part 6 of our story including getting arrested for a possession of stolen property that was not stolen and more falsified hair follicle tests.
Part 7 should be much more exciting as I will explain what happened in Arizona and show how we “stole” our son back from CPS who never has legal custody of our children because they never had any SIGNED COURT ORDERS!
This is absolutely CRAZY! These people CHOSE to adopt a child, they chose to adopt a “special needs” child, just like couples chose to have a natural child. Natural parents don’t receive any money for having a “special needs” child. Most of the “special needs” children ,who they claim “need” medication, wouldn’t need medication if they were never taken from their families!! The system is the most discusting, perverse, hypocritical, abomination! Adoptive parents don’t deserve money any more or less than the biological parents!
This code section explains how CPS needs to file another Petition when they remove a child placed with the parents, family or non-relative kinship/guardian (a person somehow related to the family or is a close friend): So, if CPS removed your child but allowed the child to come home but the case is still open and you have to participate in “services”, then they come and remove the child AGAIN, OR your child was removed and placed with, say, your mom, but then CPS comes to remove the child from mom’s house, or if your child was removed and placed with a non-relative kinship and they come to remove the child from them, then they MUST file another document called a 387-Supplemental.
(Every State has rules, laws, statutes, codes or other court regulations that govern CPS court. If I do not have the links on the side under your state, just Google, “CPS laws” or “Child Welfare Statutes” or “Child Protection Codes” and you should be able to find them.)
387. (a) An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition. (b) The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3. (c) Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the court’s dependency jurisdiction should be resumed. (d) Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291. (e) An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
Many people ask about a “388 hearing”, well, here is the California Welfare & Institutions Code for that:
388. (a) (1) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioner’s relationship to or interest in the child or the nonminor dependent and shall setforth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction. (2) When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child. (b) Any person, including a child or the nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child. The courtmay appoint a guardian ad litem to file the petition for thedependent child asserting the sibling relationship if the courtdetermines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (1) Through which parent he or she is related to the dependent child. (2) Whether he or she is related to the dependent child by blood, adoption, or affinity. (3) The request or order that the petitioner is seeking. (4) Why that request or order is in the best interest of thedependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) ofSection 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists: (A) It appears that a change of circumstance or new evidenceexists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-orderedreunification services. (B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent’s or guardian’s failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parent’s or guardian’s incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) Any party, including a nonminor dependent, as defined insubdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminordependent. (5) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement. (d) If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shallorder that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who attained 18 years of age while subject to an order for foster care placement and, commencing January 1, 2012, who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant toSection 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If thenonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. (2) (A) The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria: (i) He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained the age limits described in paragraph (1). (ii) He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (iii) He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance. (4) Prior to the hearing on a petition to resume dependencyjurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. (5) (A) The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminor’s placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (i) The nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement when he or she attained 18 years of age. (ii) The nonminor has not attained the age limits described in paragraph (1). (iii) Reentry and remaining in foster care are in the nonminor’s best interests. (iv) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed. (C) The agency made responsible for the nonminor’s placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreem
Have you or has anyone in your family been forced to participate in the scheme called Juvenile Dependency Court? If not, here is how it goes at the Southwest Injustice Center located on Auld Road in Murrieta, California:
Social workers from Child Protective Services (DPSS-CPS) illegally confiscate and seize your child(ren). A petition is then filed so they can continue to hold your child hostage. The ransom is your participation in “services” in which they are paid to pretend that you need. You participate in these “services” until their imaginary clock runs out at which time they terminate your parental rights and sell your child to someone else. They call that “adoption”.
They used to give children back to their parents but nowadays they get more money from “adoption incentives” which is money from the federal government to “ensure the child a safe and permanent environment”. However, some children may still go home because they need to show that “reunification” is still the “primary goal”. Often, those homes ARE unsafe so when the child does get hurt they can say, “See the reocurrence of maltreatment with the parents? We need more money!” I’m not saying that if your children are returned that your home is unsafe, you may actually have a social worker with pull and a conscience.
The first “hearing” is called a “Detention Hearing”. You enter the court, get searched and go through a metal detector, then down the hall to S103 and wait outside the rented courtroom with about 10 other families, and wait for the cop to come out and tell you to check in. Your name might be called prior to that to speak to an “attorney” who already knows exactly what the outcome of your case will be because the “judge” (who is on the County’s payroll as a “Hearing Officer”) has already decided what to do. If you are lucky enough to receive a copy of the Detention Report prior to your case being heard, you will find what that outcome is by looking for the page that says, “Recommended Findings and Orders”. The hearing officer simply “adopts” them all without argument from your “attorney”. You will not be advised of what the Petition means, you will not be advised of your rights, your child will not be advised of their rights, your “attorney” will waive all formal readings and will “submit” to the allegations of the Petition. Your children will be “ordered” detained and another hearing will be set. The only things that may be up for discussion are placement and visitation. You must push for placement with family AT THAT FIRST HEARING. Otherwise, good luck getting your child placed with family. You can request placement after that however, they will take their sweet time assessing your family’s home and most likely will come up with some reason not to place your child with your family. Visits will be supervised at the CPS office. You will get to see your kids once or twice a week for an hour or two. Depending on the situation, the visits may increase and/or change location and take place at a foster agency. If your child is a newborn you must request more visits on the grounds that the mother-infant bond must be established. However, if there are any allegations of drug use, your baby will be denied breastmilk.
You will be “ordered” to participate in CPS’s “services” which include:
Drug Testing – Yes, they consider this a “service” to you! Usually, all parents must take time off of work to drug test (even if there are no allegations of drug use);
Parenting Classes – Everyone is forced to learn the most basic parenting skills using videos from the 1970’s
Substance Abuse Counseling– Beware, even if the allegations do not include drugs, they may come up with something ridiculous such as your breath smelling like alcohol, use a very old DUI or other under the influence charge against you or claim that one of your urine drug tests were “diluted” which they say is a “dirty” test because you purposely drank too much water before testing to cover up using drugs or alcohol;
Anger Management – Even if there has not been any domestic violence they may say that the child overheard an argument once or use your justifiable anger and verbal lashing you or the other parent displayed as they were illegally seizing your child against you;
General Counseling– This is across the board. Beware, if you are angry and the injustice against you they may order a psychoanalysis where they will have paid a psychiatrist to write a scathing report about you and make you take medication hoping to deem you unfit due to a severe psychological disorder thus “placing the child at risk”;
Domestic Violence Awareness – If you or your child admit that ANY incident of violence (as minor as grabbing an arm or slap of any kind) you will be forced to attend a victims class;
Home Visits – Yes, they consider this a “service” to you too. Once a month, a social worker will come to your home. Some workers will schedule this a day in advance or simply come unannounced. If they come unannounced, you do not have to answer the door but only do that if you can pass it off that you really are not home or that you are in the shower, sleeping or have headphones on. If your dog is barking and you tell it to be quiet, the TV is on and you suddenly turn down the volume, the phone rings and you answer it, there are children obviously inside or outside playing, there are several cars out front, the garage door is open, etc, it is not a good idea to ignore them. But, like I said, if you can get away with it, make them come back and/or make an appointment next time;
Bus Passes – Even if you don’t really need one, make them give one to you anyway. You can give it to someone who does need it.
The next hearing is called a “Jurisdictional/Dispositional Hearing”. At this hearing your child will be determined to be a “ward of the state” and they have sole discretion to do whatever they want to your child. HOWEVER, YOU DO HAVE RIGHTS! Download this document called the Dependency Quick Guide: DOGBOOK. It will be your best friend throughout your “case”: **Note: the first two pages are blank, so scroll down to the third page.
BE AWARE THAT THEY DO NOT HAVE EXCLUSIVE AUTHORITY TO MEDICATE YOUR CHILD WITHOUT YOUR CONSENT. BUT THEY MIGHT DO IT ANYWAY! How do they get away with it? By having their hired psychiatrist determine that there is an immediate need to medicate your child. Then they will file an “Application” to ask the hearing officer to approve the doping of your child. The hearing officer “approves” this request 99.9% of the time. You can and should OBJECT TO THIS by filling out the proper forms and filing them with the court. Do not expect your court appointed “lawyer” to do it they will tell you that they are too busy. For California dependency cases here is a link to the forms:
That is all the time I have today, I have to continue to work on my case WHERE I AM SUING THEM! I promise to provide more information from my experience regarding what to expect from this Kidnapping Circus Court.
All of my efforts and posts are dedicated to my son, Donnelly Keaton Burns. I miss you so much I cry everyday, like RIGHT NOW.