Cps Custody Case Colorado

Summary

The users child was taken into custody by CPS in Colorado. The user believes this action was retaliatory and without evidence or probable cause. They feel their 4th and 5th amendment rights were violated. The user has been appointed an attorney but feels their concerns are not being addressed. They attended a shelter hearing where supervised visitation was imposed. The user is considering filing a complaint against the CPS supervisor and is seeking advice on how to proceed.

Full Conversation

It's a Family Law issue. CPS removed my daughter from my custody. I believe this action was retaliatory in nature. There is no evidence to support the allegations that were made against me there's actually evidence to the contrary. There was no imminent threat to my daughter, she wasn't even here at the time that CPS was here. The CPS supervisor left a person that was in training to interview me and my son in which I informed her that she needed to come back when she had a court order or I could have an attorney present during the questioning that made the supervisor angry and as a result she moved custody of my daughter from me. At the time that she advised me that my children had been taken into custody I asked to see a court order she could not produce one from any magistrate or proof of a promise made by any magistrate for the court order and no probable cause. I am being accused of a suspected substance abuse problem and there is absolutely no evidence to support that. I actually have witness statements and statements from the people that I work with and live with stating to the contract that I do not have a substance abuse problem and nobody's ever seen me use or abuse any sort of substance including alcohol. And no one has seen me intoxicated or under the influence of anything when I've been around my children or otherwise. I believe that my 4th and 5th amendment rights were violated and that my child was taken out of my custody without the proper procedure being done and without any probable cause or justification for doing so. I believe this action taken was retaliatory in nature by the supervisor when I was told that she had taken my daughter into custody she looked at me and said I told you either cooperate with me or we're going to court. And I never ever once told her I would not cooperate with her I simply exercise that my constitutional rights and told her that I wanted you to see either a court order or have an attorney present during the questioning so I told her to come back when she had a court order or she could provide me with an attorney.
What state are you located in? This will help me provide the most accurate information regarding your rights and the CPS procedures in your area.
Colorado El Paso county
What date was your daughter taken into custody?
Last Friday which would have been Friday the 18th of August
What steps have you taken since your daughter was taken into custody?
I have not really taken any steps or was the initial hearing in which temporary custody was granted to my son but my son has taken my daughter and moved her to another location as well without consulting me or even giving me an address as to where my daughter was moved to he was only granted temporary custody and I don't think that CPS had the right to remove her to begin with. They have requested that I submit to drug and alcohol testing which I have not signed off on yet because I don't believe that there's a court order for that and nor do I believe I should be subjected to that there's no evidence of me having or ever having had a substance abuse problem.
Have you consulted with a lawyer regarding this matter? In Colorado, CPS can remove a child if they believe the child is in imminent danger. However, they must obtain a court order within * hours.
I have but it's my understanding that eminent danger means that there had to have been a clear and present threat to my daughter at the time when CPS was here my daughter wasn't even here she was at she was in school they went to the school and took her from her high School
Have you received any written communication from CPS or the court regarding this matter?

In Colorado, CPS must provide written notice of removal within * hours.
I have not I have been appointed an attorney through the courts but the attorney is not addressing these issues
What specific issues is your court-appointed attorney not addressing?
The fact that there was no imminent danger to my daughter at the time of her removal there was no probable cause for anything and no evidence to support any of the allegations in the in the petition a thorough investigation was never even done there's no evidence whatsoever to support or constitute the removal of my daughter from my care
Have you received any court order or official document from CPS stating the reasons for your daughter's removal?
Nothing other than the original documents that I was given by the supervisor at the time that I was notified they had taken her into custody and that was after she had already been taken into custody and it was at that time that I asked to see court order she could not provide one and that's when she looked at me and said I told you either you either cooperate with me or we're going to court
What was the content of the original documents provided by the CPS supervisor?
The only thing that I was given was a copy of the notice of Rights and remedies and a copy of the notice of shelter hearing
Have you attended the shelter hearing? In Colorado, a shelter hearing is held within * hours of removal to determine if the child should remain in CPS custody.
Yes I did
What was the outcome of the shelter hearing?
A staff hearing was scheduled for 14 days from that date which would be the 31st of this month. I was given I guess full authority to see my son who actually turned * the day of the hearing so they could not impose anything upon me as far as he was concerned and I was told that I had to comply with supervised visitation with my daughter when I address that issue with my attorney my concern was why I was being forced into supervised visitation when there was no evidence to support any of the allegations in the petition why why is my my visitation supervised
What evidence was presented at the shelter hearing to justify the supervised visitation with your daughter?
They just referred back to the allegation of the substance abuse which there is no evidence to support that allegation
Have you considered filing a complaint against the CPS supervisor for violating your rights? In Colorado, you can file a complaint with the Colorado Department of Human Services.
That is what I'm questioning at this point is what I should do I do believe that my rights were violated and I'm not sure I've never been in a situation before so I'm not sure how to address it should I file a complaint and if so who would I file that complaint with
Have you considered filing a complaint with the Colorado Department of Human Services or seeking a second opinion from another attorney?
That's why I was contacting you to find out whether or not it is recommended that I do get a second opinion from another attorney and to find out you know who who I would file a complaint with
What is the name of your court-appointed attorney? It's important to communicate your concerns to them. If you're unsatisfied, you can file a complaint with the Colorado Supreme Court's Attorney Regulation Counsel.
I don't even have the name of my court appointed attorney it's my understanding that the one that was appointed to me by the courts has passed on my case to somebody else in his firm and I do not know who that attorney is
Have you tried contacting the law firm to ask for the name of the attorney who is now handling your case?
Yes I have I have sent them a text message to the number that I have where I received communication notify me of the hearing on the 31st and told them that I had real issues and concerns about the case and requested that a time to be scheduled for me to discuss these with my attorney I have not received any communication from them back yet
What is the name of the law firm that your court-appointed attorney is from?
Honestly I'm not even sure I was not giving any information about the attorney nothing in writing or nothing's telling me anything about the attorney
What is the name of the court where your case is being handled?
I meant it is being handled them by I believe El Paso county combined courts division q
What is the name of the CPS supervisor who handled your case?
The names on the copy of the notice of rice and remedies that I was given it is not legible I can't make out the full name all I can make out is the case workers suit the caseworker supervisors first name and the department of human and social services directors first name the last names are not legible
Have you tried contacting the Department of Human and Social Services to get the full names of the caseworker and supervisor?
I have not no I didn't know if that should contact them directly or not
Have you considered reaching out to the Colorado Department of Human Services to file a complaint against the CPS supervisor?
I would like to do that I didn't know if that was something that was within my authority to to do I'm not sure what to do should I file a complaint with the Colorado department of human services
What is the nature of the complaint you wish to file with the Colorado Department of Human Services?
Well that would be something that I would be asking an attorney about I don't I don't know what the nature of the complaint would be I don't I don't know what to file
What specific actions or behaviors of the CPS supervisor do you believe violated your rights?