Mental illness, physical or developmental disability & courts

Michelle - posted on 09/19/2016 ( 5 moms have responded )

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Do any moms here battle (manage) a federally recognized disability? if so, have you been involved in litigation, either through CPS or family court (i.e. guardianships brought about by grandparents, divorce & custody)? How many of you knew about your rights were under the ADA? Did the opposing party use your disability against you? What else did they use against you to take/keep your child/ren away from you? What was your case about and your outcome in court?
[I understand jeuvenile matters are confidential, no names]
My situation is a guardianship by GP's, they were "helping" me take care of my then 7 yo son.
They used my psychiatric diagnosis to say I was a bad parent. I fought to keep him. What happened was a legal form of kidnapping. My own mother was the one who had called CPS 3 times. She waged a smear campaign against me that of course I can't prove. She managed to keep him out of the system. I took all of their parenting classes anyway & the judge said it wouldn't help. I took anger management. Guess what? GP's lawyer used that against me too.
It was a battle with no winners. I relied on my mother and trusted her while i worked full time as a single mum. So much for family. She scapegoated me and I lost friends and my baby. He just turned 14 last month.
Can anyone sympathize?

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♫ Shawnn ♪♫♫ - posted on 09/21/2016

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Obviously, some investigation did not prove allegations were unfounded, or your child would not have been taken out of your care. If they were, as you say, unfounded allegations, it never would have made it to court

Michelle - posted on 09/21/2016

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They did go unfounded. CPS did not take them.
in other cases of instability where the parent(s) are not stable due to ANY OTHER REASON besides mental illness ( drug addiction, arrest, etc.) they are offered reunification services, yet if the parent has no support system for their disability and cps takes them, a mentally ill parent does not qualify for reunification services.

Michelle - posted on 09/21/2016

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The government practices eugenics on phychiatric patients as well. Is there a reason for that? Not helpful. Thanks though. Seems the stigma is alive and well. Bless your heart.

Dove - posted on 09/19/2016

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If you were receiving treatment and stable I would think the CPS claims would have gone unfounded... I'm sure this situation does happen to some, but generally speaking CPS does not take children away from a stable environment.

Ev - posted on 09/19/2016

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I would think that things like this do not always happen unless there is a good reason for it.

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