Child Protective Services Misconduct
Summary
The user discussed a complex situation involving Child Protective Services (CPS) in Pennsylvania. The users friends children were removed from their home under questionable circumstances. The user also raised concerns about the childrens treatment in foster care, including potential abuse and medical neglect. The user questioned the legality of the childrens removal and the conduct of CPS, alleging violations of the 4th, 5th, 6th, 14th, and 15th amendments. The user also discussed the possibility of the childrens grandmother gaining custody. Additionally, the user mentioned a separate issue regarding a foreclosure auction and potential legal misconduct by a banks attorney.Full Conversation
I have a Child protective services question about what would be a example of an imminent danger or circumstances to have a Child removed from a home without a order from the judge on Pennsylvania
In Pennsylvania, imminent danger could include severe abuse, neglect, or abandonment. Can you provide more details about the specific situation?
My friends grandson was 2years of age visited their house with his parents on Saturday they went Home after at *:* amamand was found at 5pm in his crib dead cod was fentanyl overdose so a week later cps came to my friends house with 6poluce who we're unaware of why they were there and showed a copy of a complaint not in order and took their baby without any explanation the police didn't even know why they were there order wasn't received until * Days later
What state did this incident occur in? This information will help me provide the most accurate legal information.
Pennsylvania
I'm sorry to hear about this tragic situation. Can you tell me if there has been any legal action taken since the child was removed from the home?
Yes were imminent circumstances involved with his being removed
Could you please clarify who was removed and under what circumstances? This will help me provide you with more accurate information.
My friend's son was removed from the home after his father's grandson was found dead over * hours later at his house in his crib child left the house walking her neighbors interviews with the police and DHS and the child was 2 years old this was 2 years ago since then he has lost weight has been denied access to be seen by his parents for court order and they had another baby that they were told had a order from the judge to be taken from the hospital when she was 3 days old for the city solicitor but no order to remove the child was ever given when she was taken they said that her mother left her child had no drugs in her system only what was given to the mother in the epidural epidural since this time the sun has received many injuries daughter has a has a chronic diaper rash does not go away ears have been pierced and Foster mother has refused to allow certain immunizations to be given without the parents permission in this case we dismissed due to violations of constitutional rights including number four five * and * amendments in Pennsylvania
What specific violations of the 4th, 5th, 6th, 14th, and 15th amendments are being claimed in this case?
Violations have not been claimed but the child the boys mother has informed her public defender or court ordered attorney that due process was not followed child was removed from home which is a violation of I believe it is the Fourth amendment was specified fundamental rights of parents to direct care of children fifth amendments been violated because DHS makes allegations and they are never allowed to question them or give their side of the story six amendment hearsay has been used by department of human services Philadelphia Pennsylvania due process violated also it is due process that they have a right to be deprived not to be deprived of life liberty or property in the property concern this matter will be their children also you have a right to be legally protected by slander and libelius reports against them which has been done by DHS also my girlfriend's attorney has never ever bought people into speaking her behead as she has asked never arguing argued or put emotion to show cause never argued the motion that the child was removed illegally and that the city solicitor had false statements all statements made by DHS and the lawyer said that she cannot speak in court so could she have that lawyer removed and how about doing that
Has your girlfriend formally expressed her dissatisfaction with her attorney to the court?
In Pennsylvania, you have the right to request a new court-appointed attorney if you're not satisfied with the current one.
In Pennsylvania, you have the right to request a new court-appointed attorney if you're not satisfied with the current one.
She is not been able to express her dissatisfaction with her attorney since she has been told that she cannot talk to the courts is there any way that she could prior to going back to court where they're trying to terminate the parental rights on his bogus case hire a new attorney who could then have time to review all evidence and how would she go about that
Has she considered filing a formal complaint against her current attorney with the Pennsylvania Disciplinary Board? This could potentially lead to a change in representation.
No but could she file a formal complaint against a certain attorney and if so how would she go about doing that and what would she say and could she discharge this attorney prior to going back to court and hire another one because they're not even privy to what is in the file with DHS since they've been told that when they go back to court DHS has witnesses and they are unaware of which witnesses are coming to speak against them since they have never been allowed to bring witnesses in
Yes, she can file a complaint against her attorney with the Pennsylvania Disciplinary Board. She can also discharge her current attorney and hire a new one.
If she does discharge her current attorney and hiring new one would that be with that make them change the court date pending in September until her new attorney had rights or the time to review all case information and look over evidence
Changing attorneys may or may not affect the court date. It depends on the judge's discretion and the new attorney's readiness. It's best to consult with the new attorney about this.
In Pennsylvania if a child is in foster care is the foster parent allowed to pierce the child's ears without parental consent also is the foster parent allowed to not have the child immunized since the foster parent is only temporary parenting while they are going through DHS letters in Philadelphia Pennsylvania
What is the age of the child in question?
General Information:
- In Pennsylvania, foster parents must respect the rights of the biological parents.
- Medical decisions typically require consent from the biological parents or DHS.
General Information:
- In Pennsylvania, foster parents must respect the rights of the biological parents.
- Medical decisions typically require consent from the biological parents or DHS.
10 months old and her son is also in the care of this foster parent and his head loss of weight then dehydrated and had a groin injury that was never reported to her child they were removed from the foster parents home when someone called in that they were being abused by the foster parent and that was on a Friday and the children were returned to the parent on a Monday to foster parent is is this right where the children supposed to be returning to the foster parent even in the biological mother was never even made aware of the fact that her child had any of these injuries or medical problems and that the child was in the hospital emergency room or removed from the foster parents home during investigation
Did you report these incidents to the Department of Human Services (DHS) in Philadelphia?
General Information:
- In Pennsylvania, child abuse should be reported to DHS.
- DHS is responsible for investigating such reports.
General Information:
- In Pennsylvania, child abuse should be reported to DHS.
- DHS is responsible for investigating such reports.
They were reported also her attorney mother's attorney was made aware nothing was done also they will order to see their children and the *-month-old was removed from the hospital and it was not visited call parents per weekly Court visits ordered until she was 10 months old DHS said they didn't have enough staff
What actions have been taken by the court regarding the foster parent's alleged abuse?
General Information:
- In Pennsylvania, courts can order removal of children from abusive foster homes.
- DHS should follow court orders regarding visitation.
General Information:
- In Pennsylvania, courts can order removal of children from abusive foster homes.
- DHS should follow court orders regarding visitation.
Nothing I don't believe the judge has been made privy to that information how could he be made privy to this by either the parents or by their grandparents who was aware because the grandparent filed a report because she is a mandated reporter how can the judge be made aware of all these incidents prior to them going back to court can the parents and the grandmother email and send him the information I don't think he has been shown or maybe aware of since he was told that a child died in their home and the child didn't die in your home he was at a totally different address
Has the attorney representing the parents considered submitting a formal report to the court detailing these incidents?
General Information:
- Judges typically receive information through formal court submissions.
- Contact details: Philadelphia Family Court, * Arch St, Philadelphia, PA *, USA.
General Information:
- Judges typically receive information through formal court submissions.
- Contact details: Philadelphia Family Court, * Arch St, Philadelphia, PA *, USA.
Attorney has been asked to but has not submitted these reports has not even made a motion to show cause or made motion to have Pace dismissed or her parents request after both children were born grandmother was never notified by DHS to take custody of children while this case was going on and DHS said that the grandmother who was in mandated reporter and also has Child clearance with department of human services that it is a licensed nurse that she had to get back in touch with them they state that they called her but they never called they called one time and have never called back since what is the grandmother able to do to get custody of her grandchildren and if parents rights are terminated can the parents demand that the children replaced with the grandmother since they also have other siblings that live with their aunts and frequently grandmother's home your grandmother's house
Has the grandmother considered filing a petition for custody or guardianship of the grandchildren in court?
General Information:
- In Pennsylvania, grandparents can file for custody if it's in the child's best interest.
- Contact details: Philadelphia Family Court, * Arch St, Philadelphia, PA *, USA.
General Information:
- In Pennsylvania, grandparents can file for custody if it's in the child's best interest.
- Contact details: Philadelphia Family Court, * Arch St, Philadelphia, PA *, USA.
THS is trying to stay the sense of children have been there so long that this is where they need to be also I like to know how one of the children in in the foster care home is considered as kinship and the other one is considered foster care and the woman is not kin to the childre
What is your location? The rules for kinship and foster care vary by state.
Pennsylvania
What is the age of the children in question? In Pennsylvania, kinship care and foster care have different rules and regulations.
* you're old and 3 years old and the foster parent is not related or can to any one of the children so how is she getting kinship care
What is the relationship of the foster parent to the children? In Pennsylvania, kinship care can be granted to a "fictive kin" - someone not related by blood or marriage but has a strong emotional tie.
The emotional child would have had to been to the parents or the family correct because this woman never ever knew family mother and his new blood relation or friend the oldest is listed as in foster care and the baby is kinship care at the same foster home
What is the relationship between the woman and the children's biological parents?
There is no relationship this is where the the sun was taken with the after being removed and then this is just what they took the baby mind you never notified or tried to notify any family and they have lots of family and prior to this they had a case and they're cool worker had no problems all of the reports were perfect and why are both of the workers who workers and she doesn't have a DHS caseworker
What steps have you taken so far to address this issue with the Department of Human Services (DHS)?
I don't know what steps I can take who can I call because every time you try to report something on these people and never gets addressed do I have to go over their head and go to Harrisburg or report to the city or the head of DHS
Have you considered contacting a lawyer or legal aid service in Pennsylvania for advice on this matter?
No I just wanted to know what I could do prior to possibly having their parental rights terminated unjustly and DHS get away with once and DHS get away with total violations of Rights of the children parents grandparents brothers sisters everyone can the grandparents Sue DHS for pain and suffering or for them breaking laws and not contacting them because the grandmother has not been able to work for like almost 6 years because this is how long DHS has been basically involved with the daughter never been stipulated to rehab threatened by DHS workers told when to come in for random urine draws weeks ahead of time urine is being refused by the people at the lab and when they don't call them they tell the judge they never went but they were never informed of what day to go
Have you filed a complaint with the Pennsylvania Department of Human Services' Bureau of Hearings and Appeals?
No I haven't but could you please give me the address and email address so that I may file and how would I get in touch with the judge presiding over the case at family Court
The Bureau of Hearings and Appeals is located at * Vartan Way, 2nd Floor, Harrisburg, PA *. You can email them at RA-pwdhsboa@pa.gov. Contacting the judge directly is usually not allowed.
Would I have to file a motion or something else to be able to express my concerns and the other issue to make sure it is brought to the attention
Yes, you can file a motion in court to express your concerns. It's advisable to consult with a lawyer to ensure your concerns are properly addressed.
I recently lost my house in a mortgage foreclosure auction in Philadelphia Pennsylvania on June 6th * I was wondering why I keep receiving statements from citizens Bank requesting me to pay my my mortgage also I wanted to know it was a judicial mortgage the house it was $*, * due on the mortgage the house sold for over $*,* recently citizens bank's attorney has sent me a packet with a claim and a court order that is entirely blank it has no date no judges signature no judicial stamp and he is requesting in the claim an additional $*,* the total old on the mortgage was *,* and $* how can you request *,* plus his legal fees and some advance money
Did you receive a deficiency judgment from the court after the foreclosure sale? This could explain the additional amount requested.
We had a judicial judgment for $*,* that was the price owed to the bank including all their fees I have the last statement here but I keep receiving since then I've received 2 months worth of bills for the mortgage and we did not receive the deficiency judgment from the court at all he wrote letters to the sheriff's department saying how he wants the money distributed
Did you contact Citizens Bank to clarify why they are still sending you mortgage statements and the additional claim of $*,*?
In Pennsylvania, lenders can pursue a deficiency judgment, but it must be filed within six months of the foreclosure sale.
In Pennsylvania, lenders can pursue a deficiency judgment, but it must be filed within six months of the foreclosure sale.
No I was just wondering why why he would go after a deficiency when everything was covered at the sale they got what they were owed and I didn't know anymore I can look at my bills and tell and am I responsible to pay $*,* to the sheriff's department and and pay the liens on the house and pay for the deed transfer and pay his advanced advances and his legal fees after the mortgage foreclosure I don't think that's my problem
Did you receive any official communication from the court or the sheriff's department about these additional charges?
No he sent me paperwork which included a order from the court which was blank no dates no signature no court stamp no notarization then he sent me a he sent me a bill for $* for him filing the claim and and for getting the court order I want to know legally what I can do because I think he is doing something illegal
Have you considered reporting this to your local law enforcement or the state bar association? They can investigate potential legal misconduct.
Yes I just really want to know exactly what I could owe as a deficiency if the bank received all what was due on the mortgage the total amount due at the sheriff's auction
In Pennsylvania, if the foreclosure sale price covers the total mortgage debt, typically there should be no deficiency. However, it's best to consult with a local attorney for precise advice.