Vincent Davis: Good morning, this is Attorney Vincent Davis, and you’re on the radio with us this morning on Get Your Kids Back Now. This show is dedicated to keeping families together and to fighting the tyranny of CPS and DCFS social workers. A second purpose of this show is to educate parents and relatives or at least show them where they can get the necessary information for their fight in the juvenile dependency court. The final purpose of this show is to remind the people that change can be effectuated at the ballot box, at the state and the federal levels. Let us unite, vote, and vote for those who will make unnecessary changes.
This morning’s show is going to–I’m going to try to cover what’s called the 12-month hearing, assuming that your children were removed initially at the dispositional hearing; the court will have ordered you to participate in the family unification plan. Every six months the case is reviewed, and I get a lot of calls from potential clients who indicate that their children have been out of their custody for 12 months or more. This show is going to try to cover what you should do at these review hearings, specifically a 12-motnh hearing to try to get your children back to you.
But before I go into that, I’m going to take a call, the first call was from area code 323 ending in 57. Good morning, you’re on with Attorney Vincent Davis.
Vincent Davis: Hello, good morning. How are you?
Minnie: Not good, Mr. Davies. This is Minnie and I was calling in regards to a case that I was going through with my children,
Vincent Davis: Okay. Would you like to ask me a question or tell us a story?
Minnie: Tell you a story.
Vincent Davis: Go ahead.
Minnie: I have six children in total, I had an open case in–I have an open case, it just closed back in January of 2016, I have children who are, you know, having issues with their behaviors, they’re very manipulative, they know how to use the system, I have this one son who puts himself in dangerous situations and he often, you know, tells us that we can’t do–or me, that I can’t do anything to him. I’m not his mom. And he knows how to get out of certain situations to where he is able to get the things that he wants and, that he thinks he’s not getting at home.
Recently I had a situation where he went to school and he lied about my daughter’s father putting hands on him, and me just sitting there watching. The social worker came by and she wanted to do her investigation but I refused to allow her to come in the home. So once I did that the kids were removed a couple days later.
But to top it all off, the child that I’m talking about, he’s been having major behavior issues at school, I’ve had teachers calling me, screaming at me, talking very inappropriate to me, asking me that were still asking me to come and sit with him every day all day long. I had to remind the teacher that I did have a full time job, two jobs, full time and part time. I do have kids that I had to take care off, so I cannot sit at the school with him, they cannot, you know, put me, make me a part of their reinforcement. I do however– I told them, I do however have, you know, consequences at home, but I cannot combine the two. The teachers then left me a message on my phone, saying that, I missed one of the meetings that was not scheduled for the day that the called me, it was scheduled for the next day. He in turn said, he thought that I cared about my son, I’m just [0:04:39 inaudible] and that he was going to go ahead and put in a claim, and then therefore two weeks later DCFS was in my life and they removed my children out of my home.
Vincent Davis: So let me get this straight, your children were removed all because of the actions of one of your children?
Minnie: Yes, sir.
Vincent Davis: Okay. Have you been to court yet?
Minnie: Yes, I have.
Vincent Davis: Okay. So your case should focus on the one child with the problems. It may be a little difficult to get him back in your home and I don’t know if you want him back into your home at this time until he gets some help, but you should focus your defense on getting the other children–the other five children back in your custody because apparently, and you haven’t told me anything, apparently nothing’s wrong with the caring, the placement of those children, is that correct?
Vincent Davis: Okay. So that’s what you should focus on right now. Has the social worker or the judge recommended or ordered that you get any–get in some time of parenting or counseling class?
Minnie: No, they haven’t recommended anything, they did however said the court date is three months from now, to do a what you would call it, dependency investigation. So I don’t know why it was set off for three months, and I don’t know, I really need some help and some advice.
Vincent Davis: Okay. Where are your other five children right now?
Minnie: In placement…
Vincent Davis: In a foster home?
Minnie: I don’t know. Yes. The social worker says they’re in shelters. And what really scares me is that I have a two year old who has nothing to do with the issues of my son, and she’s been removed from me, you know, as well, in placed in shelter care too.
Vincent Davis: Okay. Are you–did you have your first initial hearing with what they call the detention hearing already?
Minnie: Yes, we did.
Vincent Davis: And did anybody asked you about placing these children with family or relatives or close family and friends?
Minnie: The attorney that was appointed to me, he worked really hard at keeping my daughter with her grandmother, because at that time when they did detain the children, they didn’t get my daughter, she was with her grandmother and, you know, unfortunately I wouldn’t release the information to where she was. So when we went to court, I have released the information to my attorney and then they had went over there and gotten her [0:07:51 inaudible] over the grandma’s house. But she–the grandmother did do the fingerprinting and they told her that she was supposed to be back over there, the day that she did the fingerprinting but now it’s a different story. Now they said that she has to wait and they don’t know how long it’s going to take for the grandmother’s fingerprints to come back.
Vincent Davis: Well, that doesn’t sound right. They should be getting the fingerprints back probably in 24 hours. That’s all computerized.
Minnie: Well, the social worker said that it didn’t come back.
Vincent Davis: You know, the grandmother can go and to get on her own fingerprints taken and take the results to the social worker.
Vincent Davis: Are you–do you have what’s called–do you have internet at home and–that you can look at stuff?
Vincent Davis: Okay. So Google. Go to Google, and Google will live scan in the city that you’re in. So, you know, if you’re in Los Angeles, Google Live, L-I-V-E, Scan S-C-A-N, Los Angeles, it will come up with a host of places that will live scan you. You can go to one of those places and I think you can pay a nominal fee, I don’t know what it is. The last time I remember doing it was, I think about $20 or something. You can get yourself live scan and you can take those results to the social worker, and/or take those results to the judge, and you can go, you know, you can tell your attorney, “Here’s the live scan from my grandmother–or the grandmother and, you know, please order the social worker to have these children placed with these relatives, you know, as soon as possible.”
A lot of times, I get the feeling in these cases and I don’t know, because im not in their office, I get the feeling that the live scans haven’t been run or they have been run and the results were just sitting on somebody’s desk, and, you know, they’re not being paid attention to. And the laws is that we have to get these children with relatives, and with family friends as soon as possible. So is somebody tells you it’s taking, you know, more than few days to do that, I would talk to your attorney and perhaps get your own live scan and go back to the judge, do what’s called a walk on or ex parte procedure and show the judge that this person has no criminal history, and that the children should be really–some or all of the children should be released to this person immediately.
The other thing that I like to do is, I like to have my clients give me 25 names with addresses and telephone numbers, and email addresses if they have it, of people who could take the children. These people can be anywhere in the world. Yes, I said, anywhere in the world. They don’t have to be in the county that the case is in. For example, if your case is in Los Angeles County, these 25 people can be in Orange County, they can be in San Francisco, they can be in New York, they can be in Canada, Mexico, China, South America, all right? And make the social worker do an investigation for all these children to be placed in one of those homes. You’ll be surprised how fast social workers agree to place somebody locally even if it’s just a family friend, when they start to have investigating people who live in New York. So make that list of 25 people and then go online and Google this, California Form JV285. And then have each of those people fill out one of those things or you fill it out for them, or your attorney fill it out for them and you file it with the court. And when you see–when you file it, you’re gonnabe surprised all the things a person can ask the judge to let them do whether they’re in placement or not in placement.
One of the things on the JV285, you can ask the judge to place the child with you if you’re a relative or a family friend. But there’s a lot of other things like I want to take the child to school, I want to take the child to the doctor, I want to take the child on outings, I want to take the child, you know, to counseling. There’s so many things that a relative or close family friend can do, and I don’t think social workers actually know that. You know, a lot of times, people say, “Oh, the social worker lied to me.” You know, sometimes that’s true. Sometimes that’s true, but a lot of times, it’s the social worker doesn’t even know or has forgotten. You know, I just got a message from my internet guy, my tech guy, and he told me that’s he’s gonna place those forms on our website talkradioexperts.com and so the people can just go to that website and download the form that they need.
Ma’am, I want to thank you for calling this morning, and I wish you luck. If you need any further assistance, please call us at our office during the week. All righty?
Minnie: All right. Thank you.
Vincent Davis: Thank you. Bye-bye. I get a lot of calls from people whose children are in foster care and the first thing I asked them, “Do you have relatives that can take care of the kids?” And the first reaction that I usually get from people is, “Yeah, but they don’t live in this county where the case is.” So for example, I recently talked to someone in Riverside County, who has a case in Riverside and they said, “Well, the social worker told me that if they didn’t lived locally in Riverside County, that the child couldn’t be placed with them.”
Now, that’s either social worker being mistaken because that social worker doesn’t know the law or the asocial worker is misleading you. Is that right misleading you? Because that’s not the law, I f you’re in Riverside County and you have relatives or close family friends that live in San Bernardino County, Los Angeles County, New York, Las Vegas, Canada, the child can be placed there. So make sure that you mention this to your attorney so that your attorney can assist you, in getting the child placed there. And you might want to mention it to the social worker if the social worker tells you something like that. So I’m going to take another call right now. It’s area code 909 ending in 64.
Vincent Davis: Good morning, you’re on with–good morning, you’re on with Attorney Vincent Davis.
Female: Hi, Mr. Davies.
Vincent Davis: Hi, how are you. Did you want to call in and ask a question this morning or did you want to tell a story?
Female: I wanted to ask some questions.
Vincent Davis: Go ahead.
Female: I have had an open case for about almost two years now, and I have requested for my son to be taken and removed from the foster mother because of some issues I have with his behaviors and some of the way–some of the way she gives him to me at the visits, like he’s dirty or he’s wet, or he has another mark on him. And I’ve asked for him to be removed. So how would I approach him getting immediate removal from foster mother if I have been denied from the worker and the court?
Vincent Davis: Well, first, tell me exactly what type of things are you noticing with the child. You’ve told me generally that these are things that happen or considered on a case by case cases. So tell me specifically. Like when you said he had a mark, was it like a scrape on the knee or did he have a black eye?
Vincent Davis: Go ahead. I’m listening.
Female: On the first month that he was with her, he had a bite on his chest then three months later he had another on his head, it was like a nugget and when he got in her care, he was only three months. So it was a pattern of severed bite, then he had the nugget, then he had a rash on his butt, but it wasn’t a diaper rash though, it was like in places that it shouldn’t be. He didn’t want to be changed, he was crying, he was waked up during the three hour visit, crying, screaming, didn’t want to be around anyone, saying no. that’s been recent, he’s been doing that, and he–one of the occasions he had–I had [0:17:15 inaudible] with the foster mother and he had been wet, he was soaking wet with the pants that he had on and she told me, “oh, you can change him,” and he comes like, take off his diaper, it does not smell good.
All children should have appropriate bathing. That’s considered to me neglected when he’s not getting the proper hygiene treatment and she’s just letting him go and smell like that because you also need to be clean to have good health. So he’s screaming and hollering when we change his diaper, he’s had fallen off–she had let him fall off the slide and he had like a split between his forehead, which is like multiple, multiple, I can’t even name them all but I have reported them and asked the social worker to give me proof of the reports that they claim they have written, and they told me, “Okay, we’ll give it to you,” and I never see them.
And then the worker will switch my words and say, “Oh, you told us you didn’t want him,” and I said, I requested them three times over and you have not given him to me, so I told you that I would just ask the court, I didn’t tell you I didn’t want him, so it’s–my son has never been hurt in care, I only have him for three hours. But for three hours, there’s nothing wrong. He’s happy. But when he’s with her, he dies–he always comes more like withdrawing, more, like another mark on him, it’s always something. And the foster mother is –she comes out the house the way she does and that’s the reason [0:19:17 inaudible] make the kids look like, you know, it’s not appropriate for her to be like that, and she does–she’s like carefree about caring for the kids the way I would care for my kids.
Vincent Davis: So let me make some suggestions. Do you have a pen and a piece of paper?
Vincent Davis: Okay. The first thing that I would do is whenever I make a complaint, I will always do it in writing. And in this case, email is so cheap, its free and it’s so good because you get to digitally store an email that you sent forever, and if you need it in the future, you can always print it out and take it to court. So anything that you want to complain to the social worker about–the county social worker about, is I would suggest that you and everybody listening, whenever you communicate with the social worker, you want to make sure it’s in writing. Preferably email and you send it to her or send it to him. That way, nobody can ever confuse what you said. Sometimes social workers forget. Sometimes they mistakenly twist words, sometimes they intentionally twist words. And sometimes they intentionally just flat out don’t tell the truth, so you never know what–why a social worker is saying something when you remember something different, but if it’s in writing, it’s documented, it can’t be changed, you can always take that to court.
The second thing that I would do is, if your child is with a foster agency, or a foster parent, I would make the same complaints, and same to that foster agency, and I would do it via email, and you know, every foster agency, your child has a social worker with the agency. So your child not only has a county social worker, they have a foster agency social worker. I would make that same complaint of that same complains to the foster agency social worker.
Now, if you really think these are serious injuries, and it sounds like they are, the other thing that you can do, is you can make a compliant to the California Community Care Licensing Board, and you can just, you know, you can find your closest office by googling it, Community Care Licensing or California Community Care Licensing, and they actually have hotlines and forms where you can report foster parent abuse. Foster parents are just people, and they are like everyone else, they sometimes do, you know, crazy or neglectful things to foster children in their care, and you know, they’re reported or can be reported to Community Care Licensing. So those are the three things that you should do, and also the Community Care Licensing, they have their own complaint forms.
Someone told me that some offices you can do it online. I haven’t run across that, you might actually have to get the form or you may be able to download the form, you know, on your computer at home, fill it out, make a copy of it, and send it in. that way all of your complaints will be documented.
Now, if you have a smartphone, and almost everybody does, or everybody will know someone who has a smartphone; when you notice these injuries and these conditions about your child, I would use your smartphone to either take pictures or make videos of the scenarios that you see. So for example, if your child has an injury, take a picture of it, make a video of it. If your child has, you know, if his pants are soaked, as you have described, make a video of it, take a picture of it, because the first thing that’s gonna happen is if you go to court and make these complains, the foster parent probably will say, you know, that’s not true, or the mother’s exaggerating his pants weren’t that wet. And if you have pictures, that evidence that you can use in the future, okay? So those are the things that you should do with respect to your problem.
I want to thank you from calling in this morning. I’m going to have to move on because our calls are backing up.
Female: All right. Thank you, Mr. Davies.
Vincent Davis: Thank you.
Vincent Davis: I get that–I get those complaints from a lot of parents about their kids in foster care, you know, and foster care is not one of my favorite concept, but, you know, it’s the system that is being used. It’s supposed to be an improvement over the old–over the old orphanage system, but I think it can be improved as we move on in our society. But things aren’t happy. You know, foster parents take your children and keep them for the state or for the counties but they generally do not have the emotional and psychological prize to these children that the parents and the family have. And foster parents sometimes do some crazy things with foster children, and it is not the best situation.
I know a lot of times when we’re in juvenile dependency court, I get the impression, especially from the social worker or the minor’s attorney, and even sometimes that were placing kids on foster care and we do that thinking that it’s some type of safe haven because it’s supposed to be, but foster parents are just like regular people. They get prosecuted for child abuse, they get their licenses suspended or revoked because they have committed child abuse.
And unfortunately, I don’t think people in the juvenile dependency system realized that. The only reason why I realize it is because foster parents call me to defend them in these types of cases. So I have represented of a foster parent who’s caused the death of a child. I have represented foster–many foster parents who have, you know, I use, “inappropriate physical discipline” on a foster child. So foster parents aren’t perfect and if you think you have evidence that your child is being abused, the best way to document that is with your smartphone and then you have the evidence and that you can send that to you attorney or to the social worker so that the judge can find out what’s going on with your child.
Okay. I’m going to take another call, it’s from area code 626, ending in 17. Good morning. You’re on the radio with Attorney Vincent Davis.
Vincent Davis: Hello. Good morning.
Female: Hi. My name is…
Vincent Davis: Did you call in this morning to…
Female: I’m sorry. Go ahead.
Vincent Davis: Hi. Did you call in–yeah, go ahead.
Female: Yes. The reason I’m calling is because I have an–I have an open case with the DCFS and my children have been detained.
Vincent Davis: Okay.
Female: I’d like to–I don’t know if I should ask you a question or tell a story but I did speak–I did speak to one of your guys’ attorneys at your law office, and he told me based on my story that she said that I would have an–he believes I have a civil suit, if what I’m saying is true to him and, you know, I’ve been trying to move heaven and earth to get my children home. And right now in my case I’m–my 12-month hearing would be in July. And my daughter–two of my kids are placed with family and friend–no, family. And my daughter she tends to being away from me, she’s not doing well at all, they placed her in a placement, I guess, it’s not a foster care, it’s just a girls’ home, and my daughter since being there, she has changed so much and it’s not for the good, she’s ran away twice. She still–my daughter, they were removed from me because of something that I did and–to myself, not to them, and I followed everything they wanted me to follow and they told me if I followed their first safety plan, it wouldn’t go to court but the girl who was doing the investigation, I guess she had to go on vacation so she wanted to hand me the paperwork because she went on vacation.
I moved heaven and earth to complete her little safety plan, so it didn’t go to court. And it went to court anyways because she had vacation and so I was the one who got screwed. My daughter now, I feel like her life is in danger. It’s a big–every day she battled, like, whether she’s going to be beat up or not. At first, she was like doing well because, you know, I took good care of her. Now, my daughter is basically in a placement where she’s doing drugs, she never was even exposed to drugs at my house, now she likes drugs and then I guess, one of the times she ran away she ended up running away and her friend allowed somebody to do something really, really awful to them. And I reported it to the placement, me and the case manager at her placement facility, we talk all the time.
I met her when we went to court, I told her that I feel like the placement isn’t able to handle the level of care my daughter needs. She–the case manager at her placement agreed with me. She doesn’t think so either. We both agreed, my daughter requires a higher level of care, you know. The reason I ended up getting really–I ended up–I’m not hurting my–it wasn’t being intend to hurt myself, it’s just like considered an overdose on my heart medication. And the reason I took so many pills was because I had a whole bunch of [0:30:23 teeth]–I had 25 [0:30:25 teeth] pulled three days prior to this happening. And I was just going so much pain, I couldn’t sleep for more than hour–an hour and a half straight, so I took too many pills. And when I started–when I got up an hour and a half later, I started feeling weird and I called my sisters, I didn’t know, I couldn’t–I didn’t know what my intake level was because I was just in so much pain.
And in addition I do admit I was, you know, I was depressed because my daughter–I just have–just because different issues and, you know, I told them from the beginning, she required a higher level of care, they never listened to me. And the first time after my daughter ran away, they told me–because she eventually called me, you know, and let me know what her–she had run away, if I can go and pick her up, it was like 1:00 in the morning and I ended up picking her up like really she ran far, and they didn’t catch her. But I guess, I ended up picking her up and hearing all these awful things, it’s hard to return her back to this place that she’s doing these awful things at, you know, and being exposed to, and she has gotten bites and she’s taking weird pills and she’s now–she has an addiction problem and, you know, like I’ve been communicate–I used to communicate with their social worker, I used to–I’ve told my attorney–my attorney fights for my daughter in court, and it was court order that they were to–they’re supposed to switch her placement but when we asked the social worker about it and we kept asking her, I–she just said that, “Girl, the judge don’t know your daughter like I do.” That’s what she told me. She wasn’t worried about it because the judge didn’t know my daughter like she do.
And, you know, I even told the case manager, they were going to have a meeting, a case time review for my daughter, I went in on January 21st and I gave her a 60-page printout of what I believe my daughter has, I–and it’s–it explained into detail, you know, and I told her I believe she requires the higher level of care. Me knowing the lazy social worker, I knew she wouldn’t give the work and try to research the places in the area that can provide my daughter the level of care she needed. So what I did was I went ahead and I planted those things out. And I gave them to her along with I had been in and out of the urgent care for probably like three months because of an ear infection I was having, and I ended up giving her as well on the 21st a list of my new medications for–because of drug and alcohol test. And I gave those to her the 21st, I gave it to her in a red pocket portfolio, that way–and I told her, keep the portfolio that way she didn’t lose the information because she would only have five minutes to give me when I went to go and see her, so I gave it to her and the red pocket portfolio, that way none of the information I gave her was misplaced, I know I’m supposed to report any and all medication I take to her.
So that’s why on the 21st I went in, I gave it to her, I only had five minutes because she had a meeting. I also asked her of my concern because I hadn’t been in to test for a really long time and I was calling in every single day. So I asked her to please check–like what’s going on and she was like, okay, well, she had a meeting right now, she had one later on that afternoon, she told me it wasn’t looking like she’d be able to get back to me that day and it was just like so many different things and I’m going on and on and on and bottom line is that, after the first time my daughter ran away and I returned her to the placement, her supervisor because our social worker was out on a family emergency I guess, so I was told to report anything to her supervisor which I had then I reported it, I told them even though I really didn’t want to do it, I got my daughter back to placement because they had issued–I was told they issued a warrant for her arrest because she ran away from a place she was being abused that in doing exposed to all these drugs and–then my–anyways, the supervisor was so happy, she told me, “Thank you so much.” I did the right thing, blah, blah, blah, blah.
She told me come next court date that they were going to start put–she told me she was going to call the social worker to start pushing for unmonitored visits and she was going to push for starting the reunification process which meant getting my kids on the weekends too and, you know, I was so excited and so happy she just told me, as long as you keep complying, do get your kids back to you. And I was so happy, I was so happy. And, you know what, now come next court date, all of a sudden, now there’s–now she–now I’m not complying because supposedly on February 3rd, social worker after telling her, you know, I was going all my drug and alcohol testing, she didn’t get back to me until February, February 3rd, so on January 21st was when I told her February 3rd she got back to me, she told me and I have voicemail, I have my visual voicemail through T-Mobile, so what I did was she told me on the voicemail that she tried to extend the drug and alcohol testing but for some reason, it expired or she let it expire, so now she has to do the whole thing all over again.
And I told her at that time, okay, I told you what–isn’t the drug and alcohol testing a big part of me getting my children back? And I told–and, you know, I did even again parenting, it wasn’t court ordered, I did that too, I was in tears, so I had to take care of their health, their mental health medication for a long time already too and you know what, I was doing everything that I was supposed to do, not only that I’ve been doing so much research and I know to document everything, so I have everything documented, I have the voicemail stating she had to that forcing over, then she calls me on the voicemail…
Vincent Davis: Yeah.
Vincent Davis: Yeah.
Vincent Davis: I think we’re killing for just for a second. You’ve told us quite a bit of the story and unfortunately I heard the story a lot. May I give you some suggestions, do you have a pen?
Female: Yes. But can I tell you one last thing and this is very important? Because me and the social worker are not in speaking terms anymore. She basically–when I told her because I had to tell her about the report that I recent–I had recently made because my daughter allowed something very awful to happen to her and she had called me because her and her friend involved, I guess a [0:38:41 inaudible] separated but what happened to her was so extreme that I was into to, like, two to three days struggling with what was the right thing to do because this place has already taking so much of my daughter and her innocence that, you know, I–and this was, like, a life threatening thing that happened, like, I can’t–I don’t want to say in details but basically it’s the worst kind of thing, it’s any parents’ worse nightmare and I didn’t want to get my daughter–my daughter never had a record or anything like that, and me telling them this could possibly cause her those things or if not, if they had to do–basically I talked to her case manager because she’s awesome, I needed it to be–I needed them to have her tested, her blood tested basically. If you…
Vincent Davis: Kayla?
Female: If you can understanding…
Vincent Davis: I want to tell you something really important.
Female: I reported it to the social worker–I tried to report it to the social worker and she called me–she told me basically, I’m not allowed to call her anymore, don’t be [0:39:56 inaudible] up, leaving her all kinds of messages that just to stop to quit, she didn’t even address the fact that I had called her about the emergency of my daughter, and now, I can’t even call her.
Vincent Davis: Ma’am? Ma’am? Ma’am?
Vincent Davis: Do you have a piece of paper and a pen? Okay.
Female: Yes, I do.
Vincent Davis: I want to tell you–okay. I want to tell you what I want you to do.
Vincent Davis: Number one, I want you to email your attorney and then request…
Female: I have–I’ve done all the–I gave her all the evidence.
Vincent Davis: Hold on, ma’am.
Vincent Davis: Hold on. Okay. So…
Vincent Davis: The first thing I want you to do is I want you to email your attorney, and I want you to tell your attorney that you want to set up a meeting with your daughter’s attorney. There are special programs and special services that they can offer your daughter these types of situations and they can get her in a higher level placement immediately. It sounds like that’s what needs to be done. I want to thank you for calling and good luck with the situation. If you have any further questions, give me a call at my office. 888-888-6582. You can call later today after the show or you can call next week, and I can perhaps sit down with you or talk to you on the phone a little bit more in detail. But thank you for calling. The next call that I’m going to take is area code 951, ending in 76. Good morning. You’re on with Attorney Vincent Davis.
Male: Good morning, Mr. Davis, how are you?
Vincent Davis: Good. How are you, sir?
Male: I’m pretty good, pretty good. Well, I don’t know if I had it like…
Vincent Davis: Did you…
Male: …a statement or of course–well, here’s my question, right?
Vincent Davis: Okay.
Male: First of all, my question is, you know, they took my–the CPS came in and remove my kids from the home, and initially my sister in the social worker put it [0:42:07 inaudible] so social worker wanted to show that she was empowered or leave my–leave the children with my sister, right? So long story short…
Vincent Davis: Uh-hmm.
Male: …recently we went back to court, I think it was yesterday. Yeah, yesterday and the CPS waited until the last minute to actually get her Live Scan done, waited until the last minute to actually get the assessment for the house done. Now, they’re saying that it’s going to take seven to ten days before the Live Scan comes back and I’m wondering, is it up to that [0:42:46 inaudible] to say after the Live Scan comes back that the kids can be placed or is it up to the worker?
Vincent Davis: Well, in my opinion, it’s a two-part test. The worker can say yes in the children or place there immediately. The workers can say no but she can go back to the judge and tell the judge–no, argue certain facts or law and the judge can actually override the social worker. Now, a lot of social workers and a lot of agencies will tell you, no, Mr. Davis is wrong when he says that. But that’s my opinion and that’s my legal opinion, and I’ve been doing this a very long time. So, you know, sometimes when relatives, you know, start butting heads with the social workers, the social worker seemed to, you know, take longer than necessary. Sometime I think they take longer than necessary because they don’t have the staff to actually do everything they’re supposed to before a child can be placed with the relative. For example, you know, Live Scans can be done within 24 hours. You can go get your own Live Scan as I told a caller earlier.
Male: Yeah, I see. I heard–I heard that conversation, too. And from my understanding that the–what the CP–what the workers as indicated to us that no, because my sister is court mandate, she already had a Live Scan then, but they said no, we want–we need you to come to our facility and do our Live Scan.
Vincent Davis: Well, I mean, is there a problem with your sister doing that?
Male: No, she did it. It was the problem was that they procrastinated so long until right before court, so now we–they’re–supposedly we have to wait that additional seven to ten days in order for the Live Scan to come back.
Vincent Davis: You know, what I would do is, I don’t know if you can afford it, I would go get your own Live Scan take it to the social worker and then give a copy to your attorney and say, look, here’s our Live Scan, you know, we don’t know why it takes seven to ten days and perhaps the attorney can walk it on or doing the next part in front of the judge [0:44:56 inaudible] I don’t know what they’re waiting for. You know, we went down to the local police department, got their own Live Scan, here it is, you know, you might want to ask the police department or where if you have it to certify that’s a true and correct copy but, you know, I don’t–you know, why does it take the social worker…
Male: Even the judge was more inclined, even the judge was more inclined to say that, okay, well, they’ve–they’re going to do it through the CPS office.
Vincent Davis: Uh-hmm. Well, it’s fine. I mean, you can do it there but they, you know, if somebody is telling you Live Scan takes seven to ten days, I think they’re not telling you the truth. Live Scan is computer operated thing, that searches finger–fingerprints and it literally takes, you know, less than 24 hours.
Male: Okay. Now, I’m a–I’m a client of yours, right?
Vincent Davis: Okay.
Male: I’m a client of yours. So I–so we just–they did the Live Scan Thursday, right? They did the Live Scan Thursday. So come Monday would it be fair to say that we could–we should hear something and if not, we do get an ex parte to go back in front of the judge.
Vincent Davis: Absolutely. I want you to write down my telephone number.
Vincent Davis: Okay. And I do realize that I’m giving you my personal cell phone number. You can call or text me.
Vincent Davis: It’s area code 310-308-7758. If you–if you don’t have anything but–any good news by Monday at noon, you call or text me and we’ll get right on it for you.
Male: Okay. We’ll do, we’ll do. And one last thing, before I let you go.
Vincent Davis: Uh-hmm.
Male: I know you guys are pretty busier. I had the social worker just, you know, for people operated maybe listening, I had the social worker tell me that our–my visiting was twice a week one hour a day–you know, one hour each time, right? But when we get the minute order from the court the judge states that it’s two time–a minimum of two times a week.
Vincent Davis: Uh-hmm.
Male: So therefore, a minimum of two time a week–two times a week could testify, you know, every day for no specific period.
Vincent Davis: That is correct.
Male: You know, timeframe.
Vincent Davis: That is correct. If you’re having problems…
Male: So for all those people that–go ahead. Go ahead, I’m sorry.
Vincent Davis: No, no, go ahead. No, no, just finish what you’re saying.
Male: No. So I was just saying for all those people out there that maybe listening, you know, if you have a chance to get your minute order as opposed to listening to the CPS or in [0:47:37 inaudible] they may be telling you, get your minute order.
Vincent Davis: That’s great advice. You know, and I think this is still the law but I don’t think it’s done by very many counties because we do cases in a lot of different counties, you know, when you get the minute order is issued or printed or prepared, you’re supposed to get a copy of that mail to you. And I rarely if ever see that done.
Vincent Davis: You give good advice, get the–get the copy of the minute order yourself, you get that by just going to the court–the juvenile court, the court’s office and showing your ID saying, hey, I want to copy of all my minute orders, and they have to get them to you. Thank you for calling and I hope to hear from you next week by Monday at noon.
Male: Thank you so much [0:48:24 inaudible]
Vincent Davis: Thank you. Okay. I’m going to try to take one more call, it’s from area code 818, ending in 27.
Female: Good morning, Mr. Davis? I just…
Vincent Davis: Good morning. How are you?
Female: Better than I’m on the [0:48:45 inaudible]
Vincent Davis: Okay.
Female: Thank you for what you’re doing, sir, to people. I appreciate it. I have something…
Vincent Davis: Did you want to–did you want to tell us…
Female: Yes, sir.
Vincent Davis: Did you want to tell us a story today? Okay. Go ahead.
Female: Yes, sir. I’m not a parent, I’m a grandma.
Vincent Davis: Uh-hmm.
Female: I listened to your previous caller, [0:49:06 inaudible] area code, we’re doing it the same agency. In May 2015, my two grandchildren were taken into custody by CPS of the county of San Bernardino, from their mother. I was given a call that was a holiday weekend, I can tell it was May 23rd, memorial day, labor day, I was used to be, but it was a holiday weekend. I remember this taken because it was a graduation of my niece from the university here. And we were very, very excited my niece’s celebration, I attended and with–in the presence of the family for the entire weekend, now, I received the call at about 3:30 AM on a Sunday morning, so I’m a social worker and the call basically consisted of, you need to produce your granddaughter at a certain time, at a certain place, if not we are issuing a warrant for your arrest. I was shock and appalled because I don’t know what they were talking about. I knew that something had happened with my grandchildren, I had received a phone call early that Saturday morning from a neighbor of their mother, the children are in the custody of their mother.
My son unfortunately was incarcerated, and so I received a call from a neighbor saying that my grandson at that time he was three months a little–between three and four months old, being transported to the hospital. He didn’t know exactly what was going on. The mother stated that she was trying to keep the baby, he said that he’s strange and he–she technically called the ambulance as far as I know, I live literally a hundred miles away from the children, I don’t drive, okay? So I went to the family event, told the lady to tell the mother get in touch with me to let me know what’s going on, you know, pretty much I was even better until I received a call from the social worker. I immediately called the number which was provided on my answering service when I got up and took the call Sunday morning, the call came in at 3:00, I didn’t hear the phone, I picked up the message about, probably about 6:00, 6:30 or so. I called the number, the number was the 800–child abuse hotline number, I left them information saying I do have a child, I wanted the child–children if CPS was involved, I suspected they [0:52:01 inaudible] children because I made the mother had other kids who will always be in the system, those children are not my son’s children.
Vincent Davis: Okay.
Female: So I then–I was really kind of–kind of–basically I was really in a up wall because getting a phone call from someone at 3:00 [0:52:25 inaudible] police to your house to rescue. I was like, whoa, what’s going on? So I backtracked on my message service and found the number from where the call originated which was her direct line, her name was Mary Jane, I don’t know [0:52:40 inaudible] but, you know, I got–the name of the worker. And I left her a message, I don’t have the children, I have never been in possession of the children but if you have a children I want to be considered as the person to take the children on their grandmother.
Vincent Davis: Okay.
Female: I never got a call back. I called every day for a month, I never got a call back. I called the–I called around, I talked to the police officer, I think that’s Monday, I called the Apple Valley Police Department and was able to talk to the female officer that went to the mother’s house, she explained to me why the social worker had the attitude that she had, that the mother and the sister had really given them the one around, and I’ve given them several different scenarios and finally had given my name. At the time that they had first given my name, the police officer did call my home and ask me, did I have the child or did I know where the child was? I said, no, I do not. And, you know, to both questions. And they hung up.
Now, subsequently the mother and the sisters–because it was just sisters involved are under criminal charges, okay, for continuing of the minor or whatever from CPS. Now, to the mid of what’s going with me, I did put in for the children, I didn’t receive phone calls until I started calling–I tried to call and fax them, you know, they didn’t in turn do that to me back to the–to the supervisor’s, I left messages, never got straight to him but left messages with people in the office and one part we did briefly called me back and said that they will get back to me, that never happened. And then someone–I got a letter saying that a worker was going to come out and interview me and, you know, see if I was available, did all the paperwork that happened, she came out, lovely lady, she came out, she interviewed me, she interviewed my son who lives here, and by the way, my son is a disabled person and he’s a–he’s a young adult, he’s 21. And she interviewed my son who lives here, we did the paperwork for the Live Scan, the background check patched everything, okay?
Vincent Davis: Uh-hmm.
Female: This week the–all of our [0:55:04 inaudible] came in by August 11th, okay? Now, I got a phone call from my son’s attorney, represented an attorney, given me his name and social worker knows, and that was July 10th, I called, I apologized for not calling because I didn’t catch their messages and let them know I received the messages, left the messages for the social worker’s note and that was in July. By August, she still hadn’t called me. They had went to court, the–whatever that proceeding is because I didn’t get any information of whatever. Whatever that proceeding is, occurs, the mother called me and told me that they have went to court and that she had asked the court to give me the kids, and that my son had appeared in court from jail and had asked them to give me the kids. So I told her that, you know, they had been here whatever, she said she had been calling the social worker to find out where we were with that, but the social worker wasn’t calling back.
So one day she went into the office, she meanwhile was doing her unification process and she went into the office and after the social worker I had been calling the social worker again, sir, every day. And I had called the [0:56:37 inaudible] Friday, I don’t know if Friday August 19, I called that [0:56:42 inaudible] that was her off day. And she would be until Monday. So the mother went in on Monday. She was told at the window because I was on the line because she was talking to me, telling me she was there–she was going to find out, you know, about the kids and where they were [0:56:59 inaudible] kids with me, and what’s told the social worker Monday was her–was–they made a phone call and then they got back with her told her the social worker was out, and I said, that’s impossible, she can’t be out Friday and Monday. They said she was off Friday when I talked, as for her supervisor. When she asked with the supervisor, the social worker came out. Now, when the social worker came out, the mother was there, she was, you know, hey, I’m here because I want to know where we are with the grandmother’s clearance and so on and so forth, and doing of course a conversation, there were pictures present of the children, the social worker did not recognize the children. She asked…
Vincent Davis: Hold on a second ma’am. Hold on a second.
Vincent Davis: Do you have the children right now?
Female: I do not. What they have done…
Vincent Davis: Hold on a second.
Female: Now, I [0:57:57 inaudible]
Vincent Davis: Hold on. Hold on. Ma’am, hold on. Were the children in foster care?
Female: Yes, they are.
Vincent Davis: Okay. So I want you to call my office–I want you to call my office after this show and make an appointment to speak to me either later today or on Monday. Okay?
Vincent Davis: I want to give you–I want to give you…
Female: I [0:58:18. inaudible] let me say this, sir, so you know…
Vincent Davis: Go ahead.
Female: …exactly what’s going on. Our court date…
Vincent Davis: We’re running out of time. Go ahead. Your court date is when?
Female: The 22nd. They waited till the last minute…
Vincent Davis: I didn’t hear you.
Female: …I can’t believe they weren’t going to give me the kids.
Vincent Davis: Okay. Are they in foster care though?
Female: They let me believe that everything is going well. And then they told me…
Vincent Davis: Ma’am, are they in the foster care? Are they in foster care?
Female: They are in foster care. The member sector trying to give them to a couple who wants to adopt and they’re saying…
Vincent Davis: Okay. So…
Female: …I don’t…
Vincent Davis: Hold on a second. Hold on, ma’am. Because we have like 30 seconds left in the show.
Female: Okay. Okay.
Vincent Davis: I want you to call my office today, make an appointment to talk to me today or on Monday and I’ll help you to try to get these kids back, okay?
Female: Thank you so much. Thank you so much.
Vincent Davis: Okay. So my telephone number is 888-888-6582. And I want to–I want to tell you thank you for calling. And I want to tell everyone we’ll see you next week on the radio, Saturday 8:00 AM to 9:00.
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