questions & answers

Question:  6 days ago my daughter was removed from my care, no complaint of abuse or neglect of any kind was made. She was removed from my care due to the fact that I have a diagnosis of PTSD. Once I was diagnose with that I enrolled in counseling. I have been doing that for 7 months now every week. My psychiatrist and therapist both state that I am not a danger to myself or to my child however CPS claims that she cant in my custody. No legal action has been taken, nor have their been any court orders, but they claim that I can only be with her under supervision and cannot spend the night with her.

Answer: When a child is taken by CPS, the parent is given the name and phone number of the CPS worker and will be allowed a shelter care hearing. At this hearing, the parent has the opportunity to tell the court why the child belongs in their home. If the court agrees with the testimony, the child will be returned. If your hearing is before a court commissioner, the parent has the option to have the case reviewed by a superior court judge. To accomplish this, the parent must file a motion ten days after the court commissioner's decision.