Cps said my children were not safe with me and took them w/o an investigation is that legal?

[ludano17]

CPS in Wagoner, Oklahoma, I don't even live in that county, took my 22 month old and my 10 month old based on hearsay of two people that barly knew me, it was a distant cousin and they other was her ex- sister in law. They alledged that I was using drugs and I passed a drug test the next day. I didn't get to see my kids for Thanksgiving or at all since these two people got my children placed with them, on top of everything they separated my girls, couldn't they atleast keep them together if they are going to take them from the only other two people that they have ever been with? I need help I don't know if there is anything that I can do hopefully you will know.

[advent]

Hearsay may have brought them to your home, but they likely found something once they got there that warranted the separation from you. I am sure they told you what that something was. For instance, if they accused you of using drugs, perhaps they found drugs in your home.Even if you aren't the one using drugs - having them in a home with children is grounds for them to take them out of your home.

If you really aren't sure why they took them, contact their office and speak with them and they will tell you what you need to do. i assure you they would rather place them back in a safe, and familiar home then in foster care.

[jung-hwa75]

Sorry, this happens to a manager of mine about 6 years ago. And for everybody here who saying it doesn't happen and CPS doesn't do it, you are so completely wrong and the fact that you would marginalize a strangers problem without even trying to to know better is disgusting. Because as far as "you must have an investigation or done something"-WRONG
The fact is Every State has something called 'An Emergency Removal' policy (which is what this situation sounds like ) It should just be called the" better safe than sorry policy "- This is the response to an accusation so horrible that if they wait to go through the regular process there is a chance the damage would already be done. or their is another witnesses to back up an accusation. The only requirement is that it is 'confirmed' by a social worker. It's usually 'confirmed' by another accuser. Hence the problem Sadly, this is a tool that is necessary to protect a lot kids but it is abused by troublemakers who can call without any repercussions To say the least many of the cases result with the children being returned. Unfortunately-if the area is backlogged or overwrought, it could be awhile Or the experience could become a painfully drawn out ordeal. what happened to my manager happened while I was working in NY State,(so there might be differences)

But in his case, the investigating worker was not the same as the lady(who was so horrible and had him so sure he would not see his kids anymore, he broke down sobbing at work one day- she told him they all knew the accusations were true and was not going to see his kids) he originally dealt with. Luck for him, he was older, experience and took his job seriously. He told him he was of the belief that taking a child out of a safe loving home was another form of abuse. He looked into the accusations closely(they were made by his Ex-GF and 2 of her friends) the whole ordeal was taken care of within 5 days of him taken the case. Even made sure the shortcomings of the first caseworker went on record.
Yet, I would not count on the same happening to you, if I was you . Instead, from this you should figure your experience will depend on the individual caseworkers you will have to deal with. And if it was my kids, that would be too much a risk for me! SO,

Without A DOUBT, call a lawyer. IF you cannot afford one -call legal aid or try finding a lawyer who will take your case Pro BONO. Preferably, go with the pro bono.

[cadby]

If your story is all true, then I would contact a legal aid line in your state/county. I would assume that you have already contacted CPS to figure out what is going on and what your options are. Generally there is an investigation, but in an extreme circumstance they can take the children away immediately if they have reason to believe they are in danger.

[eorl]

CPS doesn't just take kids they have to investigate you unless abuse or neglect is obvious and typically they keep an eye on you for a while....which you may not know about. Even then many children are never taken from dangerous homes. CPS is so messed up, they actually very rarely take children out of the home. When they do, its pretty bad. I am calling BS on you.