Vincent Davis: Good morning. This is Attorney Vincent Davis and we’re on the radio live this morning on Get Your Kids Back Now, How to Fight CPS and DCFS and win. Today’s show we’re going to be focusing on what I call trials and what other people call are contested hearings.
As I usually start out with the show, there are three things that you need, you absolutely need these three things if you are involved in a CPS or DCFS case. Number one, you need an experienced attorney. If you can afford to hire a private attorney who kind of is an expert in this area, you should consider doing so or you should at least consider having a consultation with them. Some attorneys charge for consultation, some attorneys give free consultations initially. At our office, we give free consultations. But it must be done and it must be done quickly.
The second thing you need is you need to educate yourself. Google knows all, so start Googling the process. You can go to different websites. You can go to our law firm website and get information. We have downloads, we have videos, we have charts. There is even a free book that I wrote, The Secret, How to Fight CPS and Win. Get that book. Read it. And then as you educate yourself, keep talking to your attorney so that you can effectively assist your attorney.
The third thing that you have to do is that you have to mobilize as a group, you have to mobilize and you have to — how should I say this — vote in friendly legislators, friendly judges who are all pro-family. There’s a lot of things that happen in the juvenile dependency court, a lot of things I view unfair, a lot of thing that other people view as unfair. The only thing that you can do to make changes there is to make changes in the law and make changes with the judges who [0:02:13 inaudible] to serve as judges in this juvenile court.
Before we go any further, I’m going to take a first call this morning. It’s from area code 714 ending in 67. Good morning, you’re on with Attorney Vincent Davis.
Scott: Hello, Vince. My name is Scott.
Vincent Davis: Hi, Scott. How are you?
Scott: Good. How are you doing?
Vincent Davis: Good.
Scott: I got involved with CPS. My child was taken at birth. He was born addicted to methadone. His mother was at a methadone clinic, was monitored and they knew, the doctors knew that they were on methadone. And I went to pick my baby up in the hospital and my baby was gone. My baby was immediately taken from us and put into foster care and then I immediately got into the system. And before I even got my first court date, they were already looking at adopting my child out without even giving me a trial. Well, they ended up giving me a trial and I was awarded services. The mother was not awarded services. I get the services that were asked of me and went to my first six months hearing. This is before I had an attorney, I had a public defender and not that there are bad attorneys but there are way overworked and they’re not experts and they can’t give you the time that you need for your case because they’re so busy.
So anyway, I went to the whole process. I did the parenting classes, the programs they were asking me to do, the counseling, the random drug testing and everything. And at my six months review, they said, “Well, we’re still not going to give you your child back. Give it for another six months.”
So I went and I did it for another six months and I went to my year review and at that point, I had almost 300 clean drug tests, I finished my counseling, I never missed a visit with my son. My son was placed in foster care all the way in Orange County which is a two and a half hour drive for me and I only got two hours with him once a week for an entire year. And at that point when I went back to court and they said, “Nah, we’re just not going to give him to you. We’re going to adopt him out to this other people,” that’s when I had to give it together to get an attorney and that’s when I went on Vincent Davis’ law firm and got an attorney and then things immediately started to change for me.
So at that point, it took another six months. We were almost at the 18-month mark where the child had to be permanently placed either with an adopted family or with myself. And at that point, I’d done the entire program, no missing a visit, never missing a counseling session, never having a dirty drug test, completing programs, having to go to narcotics anonymous meeting and constantly it was a full time job. It was everything I had to do was just focused on getting my son back and I did it to the latter and to the tee.
At that point, we went out to about the 18-month mark and I went into court and they just all of a sudden when I went in with a real lawyer who knew the laws and could talk to this people in a proper manner, things started to finally change for me. And at that point, they were like, “Oh, we’re just going to give him back now,” and I was like, “Are you kidding me?” I was like, “Well, I’m so happy that they’re going to give him back,” that finally, he was given back and I was given unsupervised visits overnight and now the child is placed back into my home and we finally close the case, thanks to Vincent Davis’ law firm. And I have the child with me in full custody and he is absolutely thriving.
So that’s what I went through and it was dealing with these people was a horrible experience. They really get in your face and they run you through the ringer and you have to take it all with a smile and move forward and do the best you can and try to stay positive while your child has been — and I feel has been absolutely stolen from me. But that was my experience and that’s what I want to share.
Vincent Davis: Well, I want to thank you for sharing. Can I ask you a couple questions that maybe our listeners might be interested in?
Vincent Davis: You know, before you called our office, you were in court, did you think that you are going to get your child back because you had done nothing wrong?
Scott: Yes. Absolutely.
Vincent Davis: And what did you find about that assumption?
Scott: That that assumption was totally a wrong assumption to have. The only way that you’re going to get your child back from this people is if you do something illegal and go take them back yourself without an attorney and you can’t do that because you’re never going to get your child back at that point, you know. It was horrible.
Vincent Davis: You know, you mentioned something but I’m not sure that I was aware about your case, so at the very beginning of your case, they took the child away from you and the mother just based upon something the mother had done, is that correct?
Scott: That is absolutely correct, yes.
Vincent Davis: You know, at the beginning of your case, you had the right to have a trial. Actually, you had the right to have two trials, one is called the jurisdictional hearing. You could have had a trial there and you could have had a trial that was called the dispositional hearing. Did you know that?
Scott: No, I didn’t.
Vincent Davis: Did you ever have a trial?
Scott: Yes, I had — I finally got a trial I believe at the disposition hearing which they were asking for no services, immediately take the child and adopt him out. And with that public defender, I actually won in trial and was awarded services to do the work to get the child back.
Vincent Davis: But why didn’t they give you the child back at the disposition hearing? Because at the disposition hearing, they have to prove by clearing convincing evidence that you are a substantial danger to the child. How were they ever able to prove that if you had done nothing wrong in the case?
Scott: They tried to use a criminal history against me, prior arrest from years past for possession and things but at that point, I was already in and into my long program. I had a year sober and clean and was working and was a productive member society. By no means thence was I fixed but I was on my way to being fixed and I was financially stable and able to have the child at that point but they were just like, “No, you can’t have him because you’ve been a bad guy years prior.” And these things that happened to me were 15 years old.
Vincent Davis: Wow. I wish we had met earlier. I think I could have done something for you way back then instead of waiting all this time. You know, when your child was in foster care, who was he placed with? Don’t tell me their names, just tell me who they were?
Scott: They were a couple from Orange County. They weren’t placed with family. They never even contacted any of my family members. My family members tried to go — I have an older daughter who’s 23 years old. She tried to get the child back. They wouldn’t give him to her. They said that she was too naïve for the child to be placed…
Vincent Davis: To naïve?
Scott: Yes, too naïve. That’s what it says in the paper.
Vincent Davis: You know, one of the things I want to tell you and tell our audience, when a social worker says, “I do not agree to placing this child with this relative or with this close family friend,” you and every family out there has a right to go to court and ask the judge to make that decision. If you just accept the social worker’s decision, you know, you’re not going to get in any place. So there are motions and forms and things that you can do to ask for a hearing or a trial to prove that this child should be placed with relatives right upfront.
You know, I hear a lot of times, people come to me and they say, “My kids are in foster care,” and I looked at them and I say, “Well, don’t you have any relatives?” And they say, “Well, we have lots of relatives.” And you know, some of the relatives are out of the state, out of the county, out of the country even and I tell them, “Your relatives no matter where they live in the world, in the world, have a right to get that child placed with them.” The social worker may not want to do it, the judge may not want to do it but that’s the law.
So make sure that when — for my listeners, if you are a relative or have relatives, they can get these children on a foster care and be placed with the relative to keep these children in the family.
Scott, I want to thank you for calling in. Do you have any one last, you know, one good of advice that you can give the listeners who have these types of cases?
Scott: Yes. You have to be patient to the system and the main thing was when everything changed over me was when I got Vincent Davis’ law firm involved, then things started changing. They were like, “Oh, oh, we can’t do this thing anymore. He’s got somebody that knows what they’re doing, somebody that can tell us, ‘Hey, you can’t do that to him, you can’t do that.'” And before I got Vincent Davis’ law firm involved, I had no play in the courtroom, no say. I was shut down completely at every turn even though I completely did everything above and beyond what I was supposed to do to try to get my child return to me. And they tell you, you have to take that with a smile and be nice and not get angry but your child is gone so just be patient. And my biggest advice to anybody that is in this predicament is get it together to find an attorney that can help you that knows what they’re doing in those courtrooms, otherwise you do not have a chance against this people.
Vincent Davis: Scott, thank you for calling in.
Scott: Thank you.
Vincent Davis: So one of my topics this morning was contested hearings, trials which I called trials because in my opinion, they’re really trials in the juvenile court. And let’s talk about the trials that happen at the six-month review dates and I want to tell you an example of a case that I just took on. This gentleman lives in the Bay Area in California. His case, his juvenile dependence case is actually here in Orange County, so in Southern California and that’s a case where two of his children were taken away from him and the mother. The mother is currently incarcerated and he works — you know, he just works up in Northern California.
He had a six-month review hearing where he could have gotten the child back. At this point in time, we didn’t represent him. But at that hearing, and I find, you know, this is — you know, I find this incredible, he showed me some emails from this court-appointed attorney that said, “Don’t worry, don’t come down to the hearing, it’s not necessarily.” So, you know, he trusted his attorney. He took the attorney’s advice and he didn’t come down.
We’re facing now a 12-month hearing but everything is the same. He could have won and gotten his child back approximately six months ago. Now we’re going to hearing — we’re going to be going to a trial on his 12-month hearing and in my opinion, we’re going to win that hearing hands down.
So you want to make sure at these hearings that you have a trial if you don’t agree with the social worker’s recommendation that the child not be returned home. I get the feeling sometimes that people don’t like to do trials. Trials take a lot of time. They take a lot of effort. There’s witnesses that are called that may be perhaps inconvenience. But you have the constitutional right to have a trial. So if you don’t agree with what the social worker has recommended, make sure you talk to your attorney about the need for a trial.
Now, in some rare instances, the attorney may counsel you and say, “Hey, you shouldn’t have a trial?” Have I ever done that? Yes, I have. But it’s something that you should consider and if you’re not going to have a trial, you need an explanation of why you’re not going to have a trial.
So let’s take another call right now. This one is area code 312 ending in 05. Hello, you’re on with Attorney Vincent Davis.
Male: Hi, Vincent Davis. How are you, sir?
Vincent Davis: Good. How are you doing this early on a Saturday morning?
Male: I’m doing very well. Thank you so much. I’m actually going to remain anonymous just because of a lot of the things that has come out of DCFS as well as — and second just a lot of my personal life and job and everything else. But it was very important for me to call in to let your viewers and listeners definitely know number one was the organization and firm that you guys run and just a little bit about my story because I do listen weekly to your show and I hear a lot of biological parents having issues and they’re normally the ones that’s coming forward to getting attorneys and sighting for their children back. But I’m a little bit different, I’m a foster parent and although I agree with number one, the child shall be with biological parents. There just are some unfortunate cases where some children do not have that and in my case, that’s exactly the situation. So in order to get my question out there, I do want to share my story if you don’t mind.
Vincent Davis: Go ahead.
Male: So I came across three sibling brothers who were all separated and this goes back from pretty much at birth over two years ago. I’m African-American, they’re Hispanic that really didn’t matter to me. All I knew is that they had come from all different placements. They had been in several different placements up until that time. They suffered from a tremendous amount of behavior issues, prenatal drug exposures, alcohol exposures, genome neglect. And then just to make matters even worse, they all had medical and psychological special needs.
So these were my kids. I knew that these were the kids I went to the process just for them, just by finding out a little bit about them. So to make a long story short, two years had gone passed, I’ve done a tremendous job with — so I’m just trying to be the best advocate as I can for my children. They need a lot of work and I put them in special needs schools. They’ve made significant strides in just the top of the charts and doing everything that they possibly can do to be the best children that they can and they’re doing great.
I’m their advocate and their father is what I see for my boys. I’ve often questioned why this adoption is taking so long? It’s already been two years and I’ve gone through a private adoption fostering agency and they are supposed to act as my liaison and they’ve been fine as well but they’re not as eager as to questioning DCFS. They’ll come with a question to me as, “Why is this taking so long?” I’m like, “I don’t know. That’s your job,” but it’s very frustrating.
But moving on, I’m kind of one that stands up for myself. I’m very respectful. I’m professional. And I love my children. So I basically contacted DCFS and onboard of that is social worker who is not too fond of me because I stand up for children. I’m not just going to throw them in any type of program just because they say so. I will not just take them to a doctor just because of their recommendations, you know, my kids should have a special helmet put on them and the doctor is saying, “No, your child is fine, he doesn’t need a helmet,” but DCFS I’ve learned over just two years from my social worker based on whatever is in her head, she feels there’s a lot that she knows even over doctors, you know, and the doctors are saying, “No, your child does not need this.”
So with me standing up for myself came the day of January 14th and I was basically meeting at my house where six social workers including supervisors came in and they just went over everything, we got everything on track and I laid everything out and I said, “Look, we got to move forward with this adoption because there’s just a lot of setbacks because I can’t provide the need for my children if they’re not adopted to me.” You know, there’s always waiting list and this and that the DCFS has which I understand is a big backlog. They’re not the only children. But it really hurts me, you know. And I said, “We got to move forward with this.”
I looked over everything that I had been doing and I said, “You know what, we’re going to move forward with this.” “If on the next month, you’ve done everything you’re supposed to do and we’re going to be going to do the signing of the adoption.” The look in the eyes of my particular social worker, she was devastated. She was angry. She was just leaving. I thought I was looking at the devil. And I didn’t get it, you know, but everyone is walking out of the house because we had come up with the plan, adoption on path, everyone is happy. She said — she stopped everyone, she said, “Hold on a second,” I had go back to the back room and my kids were playing back there having a great time like they always do, she stopped to speak to the children. It probably went on 20, 30 minutes when she comes out of the back room and she says — she calls for her supervisor, they then call for me, they said, “Can you look up their shirt, their pants, take off this and that,” and I said, “Okay, what’s this about?”
Long story short, with me and my profession, I said, “Okay, what’s going on?” She said, “Oh, we just have to do an inspection with the children,” I said, “Okay, no problem.” So we did that, nothing is on my baby, nothing is on my 3, 4, 5 year old and they have a few different marks and whatnot. So they’re looking really close and then I walked out and they come out and they finally say, “Yeah, one child, he looks very nervous, he’s running around, he’s not talking to me, he just seems like he’s scared. The baby, he was nothing but one year old because he can’t talk. It’s kind of concerning with them being in your household. There may be an issue going on here as far as beating them or something like that when there’s…” I said, “Excuse me.” “Yeah, we just can’t clarify that because they can’t speak for themselves.”
Then it changed to my oldest son saying which I don’t believe this but saying that I hit him with a belt, okay. So I said, “Wait a second. This doesn’t even make sense.” But I remained cool, calm and collected and I said, “Do what you got to do,” and they said, “Okay, we’re going to take the children,” and I said, “Okay, do what you got to do.” They had no car seats, no nothing. I said, “Let me get some car seats for you. Let me do this. Let me do that.” The kids were traumatized, absolutely traumatized. They were fighting the social worker’s ass. Saying, “I love you, daddy. What’s going on? We were going to go chalk and cheese after this.” I said, “Calm down, son. It’s okay.” They took the children out of the house. As I’m grabbing the car seats, this social worker was so malicious; we’re talking about Department of Children Family And Services who are supposed to be the top experts for the children. She left without even getting the base of the car seat for my infant who’s under 20 pounds. The one came just in the car seat strapping him in taken off with him with all three of them. And I was hot, I was hot because, you know, it’s for the safety well-being on the children and that was not the case.
And so immediately, I said, “I got to do this the right way.” I can’t go in. I’ve never been in any situation like this. I hear a lot of your callers, they have criminal backgrounds, I have nothing. I’ve never been involved in anything. I’m a very nice guy. I’m kind hearted. I just wanted the best for these children because, you know, that was me one day, you know. That used to be me and I want to give back, you know, like an individual gave back to me in my lifetime. So I immediately knew I had to get an attorney that was powerful in the courtroom to get my children back because I don’t know what I’m doing.
So I called you. You give me consultation over phone. You approved me. I was in right away. And we got the ball rolling and I was assigned to Sherwin Amazen who is absolutely fantastic. So earned that I was supposed to have a hearing and all types of different things to take place actually relatively quickly right after the kids were taken out of my household that never happened. I don’t know the terminology to be able to explain at the moment but that never happened for me and I was named perspective adoptive parent since 2014. And as I go throughout my case now, I’m starting to wonder this — with the questions of the social worker that have always come up to me and I’m just a little bit naïve to it, but “Hey, what church are you taking them to, is that a Catholic church? You know the kids are Hispanic,” similar — they share the same ethnicity and race as her, Latino, “Do you know they require going to a Catholic church and are you also teaching them Spanish?” I said, “Well, no, ma’am. I don’t even know Spanish. I’m learning myself.” So she’d always be writing these notes down and whatnot. I’m African-American and it just so happens I am a gay male and I live — and I do this by myself as a single parent.
So that being stated and with these kids being traumatized, number one, primarily from domestic abuse from numerous — from just their biological parents and then being in a stable household and now then being ripped away and in a household that they were just put into, the foster homes I’ve learned up until this day, the people could not handle them. They were out of control, you know. It was never that way at my household. While on this particular, all of a sudden, out of two years, the same social worker, now she had some type of evidence, actually no evidence but she said, “Oh, they’re getting beat. Someone was getting hit with a belt,” and this and that.
So as we moved forward, we finally got out court date, Sherwin also get that, that was last week. We had a police report that was done. The sergeant over there actually completed the police report because they don’t even give it to regular police officer from what I learn. They give it to a sergeant who has over 30 years who handle these specific needs. He absolutely tossed the case out and he called me, this was from a sergeant. I have no idea who he was or anything and he said, “Sir, you’re listed as a suspect in this investigation. I conducted my investigation and let me just tell you something, you need to get you an attorney if you don’t already have one. This is some type of civil suit. I don’t smell any. There’s no wrongdoing here. I’m closing this out. I’ve spoken to the children. I’ve conducted my investigations. I’ve talked to DCFS workers. There’s something else going on here that’s harder than you.” That was number one. That’s closed down.
Number two, the DCFS have their internal investigator come over to do her investigation. Hers has come back as none sustained. It’s inconclusive is what they call it. So that’s the second governmental organization who has investigations against me, completely squashed and closed. The third one and the last one which is from the Home Licensing Department which is the state who basically certifies my house as a foster and adoptive home, his has come back the same way, nothing found, case closed.
So we went into court the other day and by the way, there were no pictures taken of any of my children. If there was any type of abuse, I don’t care if it was sexual abuse, physical abuse, we’ve all learned that you should take pictures, you know. This is what’s done. If there is a woman and a man beating each other and the police were to go arrest them, pictures will be taken. So I said, “Let me take some pictures.” Well, they took no pictures, why is that? There was nothing. There was absolutely nothing. But I took them on my own. I presented that with my attorney. He presented that to the courtroom on top of the documentation from not only those individuals from the investigations but from my doctors as well.
My question to you is the individuals at the court, the county counsel, the minor’s attorney, the DCFS worker who actually put this allegation on me, she wasn’t even on the courtroom, why is it that DCFS workers who put these allegations on individuals, they are not there. We have a county counsel and they had the minor’s attorney who are there, we didn’t get report and they are going to fight directly with DCFS but the actual person who put the allegation on the individual is not even in court, she’s on vacation and this is all pre-planned. That’s issue number one.
You know, if a police officer were to go to court and with someone else on the traffic citation or a criminal investigation, if that officer does not show up, that case is tossed out, you know. Every one there has to be there because everyone has a right to testify. So they told me, “No, you can’t testify.” They also have stated, “You know, why don’t you bother get some other foster children?” They asked my attorney, “Hey, is he really going to go down this route with citing because if he does, he’s probably going to hurt himself,” you know, and, “Hurt himself? What does that mean?” “Well, he’s probably not going to be able to foster adopt at all, you know.”
So it’s basically to me, that sounds like threat, you know. And it’s just really sad that the system is like this. This is DCFS you’re talking about and I’ve learned that through your show and by dealing with your fantastic organization all the way to the clerks who answered the phone, they don’t just target the biological parents, they target the foster parents, the adoptive parents and anyone else in the situation also who are doing the right things for these children. And it really kills me inside and I want my children back. I still don’t have them back. I don’t want other foster children because I don’t just view these as foster children, I view them as my children.
And so I’m just looking for any help or advice from you.
Vincent Davis: Okay. So let me tell me you this and it’s a short story. Many years ago, I was representing a woman who was a grandmother from New York and the case was here in Los Angeles in Monterey Park and the grandmother happened to be Jamaican, that was her ethnic background. And we had a social worker on the stand trying to explain to the judge why she didn’t want to give these kids to the grandmother who lived in New York. And I forget the ethnicity of the social worker but I think she was a Latina, I just don’t remembered clearly. But at one point during the cross-examination by me of the social worker, she was giving a little exacerbated. Towards the end, she said something to the effect, “Well, I don’t want to give the children to the grandmother in New York, she’s Jamaican and everybody knows Jamaicans are drug dealers.” The judge, his name was Commissioner Ginder looked at her, looked at the county counsel and if I remember correctly, he stood up and just walked off the bench. He couldn’t believe what he had just heard.
There was another incident where I was representing a mother and the testimony — and she was living with her boyfriend and the testimony of the social worker was something like this, you know, it came all the way to the end and we got down to the real reason and she said something like, “I don’t want to give the child back to her — the children back to the mother because she’s living in sin with her boyfriend. They’re not married.”
Vincent Davis: So I tell you those two stories because social workers are people and like other people, they have prejudices, they discriminate. Now you would think to yourself, “Oh, they’re not supposed to do that. They’re government workers, blah, blah, blah, blah, blah.” I would venture to say that probably all of us have some type of discrimination or prejudice. It’s just a human weakness that we have. But in your case, you said you’re an African-American male, strike one; you said that you were gay, strike two; and perhaps, you know, she’d brought up the whole religion thing and you’re not the right religion, strike three.
So what happened in your case is this worker, you know, and you described it so perfectly, you painted a picture, when her supervisor said you were going to adopt, she takes the kids in the back room or go finds the kids in the back room and comes out with allegations of physical abuse. It my opinion, this is nothing but prejudice against you. And luckily for you, the investigations that have been done by the police department, the state and even the county’s own investigator has found no evidence of abuse by you against these children.
Vincent Davis: Now, when you go to court, here’s the problem you’re facing — and by the way, we will have that social worker and the supervisor who made — who was there at the meeting and the worker who made these allegations, they will be brought to court. They will have to testify. I can assure you that the county counsel doesn’t want to put that social worker on the witness stand because now what they’re afraid of especially since you’ve hired our office, what they’re afraid of is they’re going to get sued not only by you but by the kids.
Now, tell you another story. Many, many, many years ago, I was a court-appointed attorney under — and it was a different system and under that system, you would represent parents, you would represent relatives, you would represent children. So a lot of these court-appointed attorneys tell me today, “Oh, you don’t know what it’s like representing a child. You never represented a child.” Well, they weren’t around 15, 16 years ago when I did represent children and parents and relatives and I find a lot of times — you know, and it’s hard for me to say that the attorney doesn’t have any evidence because everyone has their own judgment but I find a lot of times, children’s attorneys just take the position of the social worker and I’m not sure why. And a lot of times it’s done when they haven’t even done their own private or their own investigation.
You know, in the old days, the judge that I worked for or the court that I worked in, if you represented a kid, you had to go out and talk to the kid for yourself.
Vincent Davis: You know, I think that rarely happens these days. So you asked me those questions, I think, you know, the answers are things that people don’t want to hear, you know, it’s just straight out prejudice against you and hopefully that we will get those witnesses in the court including the social worker and the judge will make a decision so that those children will be returned back to you.
Male: Absolutely and that’s the most important. I really appreciate that and I know you have a few more callers so I want to be as quick as possible. One thing I do want to touch on and throw back out to you is my attorney actually said while at court that the county counsel, every time he took in the different reports and submitted it to him the pictures, he submitted it to him, they just keep going around the wagon and they [0:37:59 inaudible], “Okay, well, it’s not physical abuse, it may be neglect now because the kids are small,” my kids are special needs. They all had prenatal drug exposure. They’re all small. Actually, they’re bigger than what they were since they’ve been with me. And then after that, it’s, “Oh, well, they’re abandoned now with the new household which is Hispanic family,” the mother and the father also a straight family who only have them for three weeks, not even, you know, they call her mommy now. So they’re doing all types of things that she said. The county counsel actually told her, “There’s no evidence that’s needed. No evidence is needed,” you know. So it’s just very sad to me.
And one thing you did state before the show came on, you said, what’s needed when you’re going through this process, you said number one, get an experienced attorney. One thing I did learn from all of you guys is you don’t need an experience attorney, you need an experienced attorney and you also need an experienced attorney team. And one thing Sherwin always relays over to me is he’s going back to the office or he’s going to go speak to you and going to speak to another individual there and you guys just collaborately come together. And although I don’t see you, you know, I’ve met you one time and I’ve spoken to you now, it just feels so good having a team of experts and attorneys come together for my particular case and all the other individuals who call in to you to get your services.
So it takes a team effort and I really do appreciate that and for all of the other listeners out there who are going through this situation whether you’re biological parent who has lost their children or a foster parent or adoptive parent, whatever it may be, this is the place you want to call. And although I have not gotten my children back, there’s no way, you know, no way that I would have been able to get through to this far and I’m just praying for the best and I put all my trust and efforts into all of you and I really appreciate it, Mr. Davis.
Vincent Davis: Well, thank you very much and thank you for your call this morning.
Male: Wonderful. Have a nice one.
Vincent Davis: So going back to our topic about trials, a trial is where witnesses are called, they’re put on the stand under-oath, they’re examined, they’re cross-examined, even the judge may have questions for the witness. Generally, in the six-month review hearing, you’re going to have multiple witnesses. You’re going to have the social worker who’s recommending the children not be returned to you. You’re going to have your service providers, your parenting instructor, your counselor, your drug counselor, your anger management person. You’re going to subpoena in documents, all of your clean drug tests. You know, there are sometimes opening or closing arguments. That is a trial.
Now, this may take a few hours, it could take a couple of days, you know, a few hours over a couple of days but you have to, in my opinion, insist or at least talk to your attorney to make sure that or to find out why a trial should not happen.
I’m going to take another call right now. This is area code 951, ending in 04. Hello, you’re on with Attorney Vincent Davis.
Michael: Hello, Mr. Davis. This is Michael Gallis. How are you?
Vincent Davis: I’m good, Michael. How are you doing?
Michael: I’m doing pretty good, I’m pretty good. You know, I just wanted to comment on the other two callers. Stick with Mr. Davis’ law firm, I assure you you’ll get your kids back.
Vincent Davis: Well, thank you for having that faith in us. Why don’t you tell us a little bit about your story, Michael?
Michael: Well, my story started with my other half which is my girlfriend when I married, she’s an addict and displaced a key in the last three of my cases. I’m only going to tell you about the recent one. Basically, my wife, she was under the influence — well actually, she had taken off for about a couple of days. When she come home, I knew that she was under the influence. Now, due to prior two other cases with CPS, you know, I told her that she wasn’t allowed in the home. So at this time, she proceeded to the police station, made all these accusations of let’s say there’s a gun, there’s bullet holes in the walls and just off the wall accusations, pretty much because she was coming down and she’s been in there like three days.
The thing is what I think CPS finds it the most is drug addicts. I’ve had a lot of friends who have lost their kids due to this. I’ve never been a drug addict. I’ve tested clean for CPS from all prior cases. So I’m going to proceed with the story though. She went to the police station and made these accusations. The police came to my house, brought me down to the station, asked me questions like was this your gun, if this happen at your house, that this — no. And I denied to them, I said, “No, I’ve never seen that gun. I’ve never had anything to do with any of that.” [0:43:20 inaudible] I believe is under the influence and whatnot and I believe that there’s holes in her story.
So then the police officer proceeded to tell me, “Okay, well we need to go to your house to check and verify the home to make sure everything is okay and if everything is fine, we’ll leave the children.” They proceeded, they checked, they verified the home, everything was fine, they left me with the children. They did not called Child Protective Services whatsoever. They said that they were going to make a referral. And at that time, I didn’t then ask because I’ve had two prior cases like I’ve said. I didn’t ask and said, “Well, all my stuff is packed up, I’m leaving for a different state in two days.” The officer told me, “Well, there shouldn’t be a problem. You don’t have a case open. I’m just making referral because that’s what I had to do.” I said, “Okay. Well, thank you.”
And Christina — Christina was arrested but she got out the very next day. She wasn’t arrested for any drugs. She wasn’t arrested for anything that she had made accusations on me for, nothing like that. Well, I proceeded to take off out of state and loaded up. I had everything loaded up, took off out of state with the mother. And then they came all the way to New Mexico, that’s where I was at and then they found the kids after I think it was like a month and a half and they proceeded to tell me that I did not cooperate with their services.
I did cooperate. I answered every question when they called, when social worker called over the phone and I told her where I was at. I told her what state I was in. I even told her what city I was in in the state. And I guess they somehow obtained these child abduction warrants like I had took my kids from CPS. Those kids were never in CPS custody, never, not one time. There was just going to be a referral made. And, you know, I didn’t really understand the whole thing. The whole thing was there’s neglect on my part. All they had was accusations, accusations, accusations and they ran with it. They ran with all the accusations. The officer at that night at the police station didn’t test mom, mom doesn’t have a dirty drug test, so how do we know if mom was dirty at the time, we don’t know.
There were CPS workers at the police station when I was there with the children. They did nothing. They said it wasn’t an emergency, said to go home and check to verify that the kids are okay, the father is [0:45:57 inaudible] everything is fine and if they did then leave them home. That’s exactly what the social workers told her and that’s what the cops did.
So at this time, when they took it from another state, we had to rush back for another hearing and the hearing is only — I think you only — I think it’s two or three days I believe, so I rushed back from New Mexico, go back to the first hearing. I get in the courtroom, I get handed the packet and said, “Your children are going for adoption.” I get the public defender to come out there. I get them to come out there, they said, “Oh, well, this is your third case, Mr. Gallis. Guess what’s going to happen, your kids is going for adoption, there’s no hope. I mean, you guys have done messed up too many times, the same allegation, neglect.” Oh, and they were saying that I was on drugs. They said that and I’ve never tested dirty to the other two cases, never, not to this day I’ve tested dirty. And they said I was dirty on heroin, meth and coke. Don’t know where they got all those assumptions but that’s what they said.
So they proceeded to tell me that. They needed me to take a hair follicle which I did and I passed clean and that was still the recommendation was to adopt out because I was going to stay with the mother who was an addict that I just think that needs help. You know, she’s not a bad mother, she’s never put her kids in danger, there’s never — but just because she’s an addict and she has to work on these coping skills that she has, they automatically want to split the family up instead of trying to reunify that.
Basically, so I got the neglect. They hit me with the neglect charge or the neglect, you know, “You neglect your child so we’re going to take them.” We already had them but that’s the reason they stayed in custody or recommended into the court. And so at this time, we didn’t really know what to do, so I hired actually a different lawyer before Vincent Davis, I hired another lawyer. And, you know, they got the adoption off the table, the thing was it took — the amount of time that it took was, you know, it was a lot of time and I think it was like 6 to 8 months for them to get the adoption off the table, it might have been six months.
That was all fine and dandy, they got the adoption off the table but the attorneys didn’t really know what they were doing. So she got off the case because she thought it was too much for her and I let her go because I just didn’t feel like she knew what she was doing. So then my wife, you know, had been clean at this time for six months, been testing, everything, doing any of her program, doing what she needs to do. This time, she was on FightCPS.com and we just happened to see Mr. Davis’ law firm on it. And when we saw that, we’re like, “Okay, this woman,” FightCPS.com I believe was run by a woman who put stories out there and tries to help these families, she’s an ex-attorney and whatnot and I believe that she really did help up. She gave us Mr. Vincent’s and she said, “This is a good law firm, highly recommended in the Los Angeles area, call them and see what they can do.”
So I did. I proceeded to call Mr. Davis’ office, had a consultation over the phone, went down there, sorted some stuff out, got into court and I don’t remember how long it took, not in my recollection but I believe it was another six months and then we have our kids back now.
And, you know, through that whole time, we just basically lose all hope, you’re not going to get your kids back, third case, done deal. And so that’s a little bit of my story. And my thing is for parents out there, the gentleman that was just on the phone, you know, just keep trying, don’t let them take your hope away. There’s never not a never. You keep going no matter what. You fight till you can’t fight anymore.
And I believe Mr. Davis, he knows what he’s doing, he does. He got my kids back and I got them back and we got a court hearing coming up in April and hopefully we can close the case. And that’s all we can do, you know, as parents and as foster parents and whatnot. Yes, Mr. Davis.
Vincent Davis: You know, I was just going to thank you for calling in and ask how are the kids doing?
Michael: Oh, yeah, Mr. Davis, the kids are great. They’re getting all ready. I think we’re going to take them skating today. There’s I think skate rink down there because they have this new fitness thing where if you sign your kids up to help obesity and stuff. Not that my kids are obese but, you know, keep your kids healthy, you know, exercise an hour a day. But you take them down there to get free passes and they enjoyed themselves especially at the skate rink, they love it. And other than that, they’ve been really good.
Vincent Davis: Well, Michael, I want to thank you for calling in and sharing your story with us today.
Michael: Yeah, yeah, you got it, Mr. Davis. Anything, you know. I wish everybody got to look out there. Thank you.
Vincent Davis: Alrighty.
Michael: Thank you. See you in April.
Vincent Davis: Talk to you later, Michael. Bye-bye.
Vincent Davis: We’re getting short on time but I’m going to go ahead and take another call, area code 951 ending in 27. Good morning. You’re on with Attorney Vincent Davis. Good morning. You’re on the radio.
Vincent Davis: Hello.
Male: Can you hear me, boss?
Vincent Davis: I can hear you loud and clear.
Peter: Yeah, my name is Peter. I’m sorry, I’m actually working right now. My wife and I had three children and this person who made the last call, I realized that I’m just fairly start [0:52:07 inaudible] I got to put up with. Last year, me and wife is going to get a divorce and they got a little nasty here and there like divorces [0:52:18 inaudible] and whatnot. Well, when we were split up, her father had found that she had methamphetamine in the house and we were not together at the time. We actually split up and we’re getting a divorce. Now, that being said — I got to get to concentrate, I’m actually a concrete boom operator and I’m working at the same time and I couldn’t get a hold with this line, so try to bear with me.
The very first time CPS came by, my wife was staying by her father. She obviously got drug tested. The social worker run in, he came over and talked to her family and then came over to my dad’s house. I was staying at my dad’s house; she was staying at her parent’s house. Our kids have always been healthy. They never had any problem. They’re not malnourished. They’re very big boys. I’m about 6’1″. I’m a big guy but I don’t force on anything. I’m as nice as I am. I tell you that. Vernon comes over and tells me whatever he said, and I said, no, that’s fine. He asked me to do drug test, I said, “Not a problem, boss, go ahead.” They drug test me, I came out clean. He looked at me astonished. That is just the first one, that was the first time once my wife got marijuana in the system while she was pregnant. No big deal. The kid came out, he’s healthy, he’s fine, he’s doing great. And now they asked me I knew about it, I told them my hours are ridiculous. If I’m out of work, we’ll face to famine. When the work’s day, you got to run out, you got to get it, if not, someone else will. I’m very good at what I do but it doesn’t matter, jobs have to get done.
I took a job close to home once my boys were born, so my hour is going to be so hectic and crazy. But with all that being said, I test clean. He had already had a safety plan made up and written up. So my children were going to stay in my mother and father-in-law’s house and he talked me into it for the simple fact, yes, I do work a lot to support my family, okay. I agree to it. I didn’t know I was going to have to pull strings when I was going that custody. At that time, I had to pull string just to see my children from my in-laws. You know, I go over there, they call the cops. Every time the cops were called, I didn’t check in. They wanted me to sign up some paperwork with them and I was like, “Are we adults or are we children?” And I’ll call you on the phone on my way down just to meet them every single Saturday. I was driving my van, working out there for a company. They told me they agreed with everything I had gone on. They said, not problem to work with you which is really my line of work.
Now, all that led to the second time. We got back together once she got out of rehab. She was clean. Everything was great. Second time she got a call from CPS, her father turned her in. Now, mind you, every time she got a call from CPS, her father turned in, the children went to my father-in-law’s house. And so this time, Vernon asked me for a urine sample, “Not a problem, boss. So I’m in Santa Ana, the closest one was in Riverside, not a problem, you know. You just tell me when you want me to go.” Had to pull the strings, she called me, I went down there immediately, tested, tested clean, never argued, never said anything wrong, always complied with everything they asked for, that’s what I was told or else you’re going to be in the system and you got to jump your hoops.
Now, this last time, I was in Palm Spring on Monday. My wife, I love her, she has a problem, she’s trying to work it out, she’s still working on it, she’s already signed up for center for change or Family Center for Change, I’m not sure what it is. I have no record. The only thing I ever got in trouble before was not wearing my seatbelt because I feel that I own the car, I don’t think you should tell me what I can do with it, obviously that’s wrong. I had children. They’re going to tell me what I can and can’t do with them for the simple fact, their mother gets in trouble. She leaves the house and takes with her our middle child and she had the other two in the car, reckless driving, driving under the influence of methamphetamine. I get home where I get a phone call from her. At 2:45, I’m on the job site, I’m working. My boss does not really like me talking on the phone and said, “Okay, go ahead, do whatever what you have to do.” But I get a phone call from her at 2:45 stating, “I’m sorry I did this on you again. I’m so sorry. I’m getting pulled over. I’m under the influence. Please don’t be mad. Please, please don’t hate me. I’m sorry, I’m sorry, I’m sorry.” “Not a problem. You know, everybody makes mistakes.” I get home from Palm Spring. Any time I go up to the desert from something I worked for, I’m out there for anywhere two to five days, okay. So she wasn’t planning on me being home for a couple days. So I find out…
Vincent Davis: Hey, sir?
Peter: Yes, sir?
Vincent Davis: Sir, I’m going to have to interrupt you because the show goes off the air at 9:00 AM but if you would call — I’m going to have to cut you off because our show goes off in approximately one minute. Can I invite you to call back next week?
Vincent Davis: We only have one minute and I have to do some closing statements, okay?
Vincent Davis: So please call back in next week. I’ll put you on first.
Peter: Absolutely. You got it.
Vincent Davis: But thank you for calling in. Thank you for calling in.
Peter: Thank you.
Vincent Davis: Okay. We have less than a minute in our show and there are some closing statements that I wanted to make. I want to reiterate that if you’re involved with a CPS or DCFS case, get experienced expert representation. Number two, educate yourself. Go to our website, download the book, look at the videos, listen to our radio show every Saturday, other attorneys, get advice. Number three, don’t forget to vote. Please vote. Please register today in your counties and probably register today online. We want to elect legislators and judges who are going to be family-friendly to our fights about social workers taking advantage of us in juvenile court.
We’ll see you next week on the radio, 8:00 AM Saturday. Bye-bye.
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