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Since I last posted I spent Thursday night in such distress I was crying and up until 1am. I was worried the CPS worker was going to show up and take the children from me before their birthday. Though I am not worried about not getting the children back I was worried that I might miss their birthday because she can take them (potentially) for up to 72 hours (might be 48). It would be my luck she would take them and the time would extend over their birthday. James has been talking about his birthday for WEEKS and I do not want to disappoint! It looks like we are going to do a glow-in-the-dark themed party. I have to check out some party supplies but I think I can get everything done. Margaret has requested a Hello Kitty carrot cake. I will see what I can do…lol. James wants a chocolate cake with vanilla icing. That will be easy enough. Joseph hasn't made any requests so I am giving him the same thing. There are so many details to the party I have to take care of but I am hoping I can get it all done in time. I am going to try!
As a side bar…John complains I never say anything nice about him in the blog. Usually that is because I am complaining about him. I have to say though on Wednesday I had called and let him know what was going on and to be prepared for a potential phone call. When I said what was going on with CPS he was really annoyed. He could not believe that something so small had been blown so out of portion. On Thursday night, while I was stressing out and crying, I texted John. I woke him up but he texted me back. We texted back and forth for an hour. He did his best to try and reassure me that not only am I right about what I am going concerning the lock on the door at night but reminded me of a few other important things I needed to do. He was a champ and even made me laugh at the end. I needed that! So I wanted to more “formally” say, thank you!
I reached out to my network of Facebook friends. I know several of them have been investigated/harassed by CPS over the years. One friend I have has become, essentially, an advocate against CPS. We spoke at length and she told me that I had rights and where I could access the laws that govern what CPS can and cannot do in Arizona. Being a fellow state worker I understand the CPS work’s job is important but she is barking up the wrong tree in this case. Currently I work as an environmental planner. This means I am familiar with finding statues (state and federal), reading, interrupting and applying law. Now that I know I have rights and what they are it makes me a bit more at ease but at any moment the CPS worker can go and declare the children a dependent of the court and at least take the children from me for at least a few days. On the other hand this woman has already violated state law herself. Arizona Revised Statues state…
8-803. Limitation of authority; duty to inform
A. On initial contact with a parent, guardian or custodian under
investigation pursuant to this article, a child protective services
worker shall inform the family, both verbally and in writing, making
reasonable efforts to receive written acknowledgement from the parent,
guardian, or custodian, of receipt of all of the following
information:
1. That the family is under investigation by the department.
2. The specific complaint or allegation made against that person.
3. That the worker has no legal authority to compel the family to
cooperate with the investigation or to receive protective services
offered pursuant to the investigation.
4. The worker's authority to petition the juvenile court for a
determination that a child is dependent.
5. The person's right to participate in a mediation program in the
attorney general's office. The worker shall provide the telephone
number of the attorney general's office mediation program.
6. The person's right to file a complaint with the ombudsman-citizen
aide pursuant to section 41-1376. The worker shall provide the
telephone number of the ombudsman-citizen aide.
7. The person's right to appeal determinations made by child
protective services.
8. Information outlining parental rights under the laws of the state.
investigation pursuant to this article, a child protective services
worker shall inform the family, both verbally and in writing, making
reasonable efforts to receive written acknowledgement from the parent,
guardian, or custodian, of receipt of all of the following
information:
1. That the family is under investigation by the department.
2. The specific complaint or allegation made against that person.
3. That the worker has no legal authority to compel the family to
cooperate with the investigation or to receive protective services
offered pursuant to the investigation.
4. The worker's authority to petition the juvenile court for a
determination that a child is dependent.
5. The person's right to participate in a mediation program in the
attorney general's office. The worker shall provide the telephone
number of the attorney general's office mediation program.
6. The person's right to file a complaint with the ombudsman-citizen
aide pursuant to section 41-1376. The worker shall provide the
telephone number of the ombudsman-citizen aide.
7. The person's right to appeal determinations made by child
protective services.
8. Information outlining parental rights under the laws of the state.
So far the CPS worker has said nothing besides that she wants to ask questions and see the children. I have yet to hear anything on WHO is being investigated, WHY we are being investigated or we have RIGHTS. I can guess at the information but I am not sure. When I called and spoke the CPS worker on Friday she said she would not be able to come to the house that day. She was working on-call and might be called away so she wanted to wait for another day. I said that was fine. She asked if I could meet early on another day next week and I said I could arrange it to be that way. Since I work we are expected to be in the office Tuesday to Thursday without fail. She asked if Friday would be better and I said yes. She moved the time to 4:30pm. I told her that worked even better for me. Now we have an appointment set for this Friday at 4:30pm. In that initial contact and first phone call the CPS worker started off the conversation in a hostile time with me saying, “I never got to see the children.” She said it in such a rush I did not even understand what she said. I said, “Excuse me?” The CPS worker than stated again, “I never got to see the children. There is only a 3 inch crack in the door and I could not see them.” I told her, “I never said you did. I said you were SCARING my children and I wanted to make sure it stopped.” The CPS worker said she did not do that either. I pushed it off as Bailey can be melodramatic so calm things down. I said I would meet with her on that Friday at the house. What I did not tell her is that I still have of intention of letting her inside. Now that I know I do not have to cooperate with the investigation I do not plan to except as it basically pleases me. The police came by the house and saw nothing was wrong. If so I know he would have stated as such and the children would have been removed. I am now working on getting a copy of the police report.
So this week I get to stress about the CPS visit, try and finish up things for my children’s birthday party, send out the invites today and tomorrow for the party, go to work and try to be present in my job, and I am sure do a load of other things I cannot even think about at the moment. Life is hectic!
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Over the weekend I did get something done. I needs to get more birthday supplies. James has a VERY certain scenario set up for his birthday in his head and I want to make as much of that happen as I can. Sunday we went out to the park for two hours. It was SUCH a nice day. I found the nicest little park called John Allen park near our home. It was just the right size for the children to play and it was not busy like Freestone Park. Plus there was easy access to the park for Joseph. While there though Joseph fell down some steps. He had been going up the steps several times but I had been there to make sure he made it up ok. There are a lot of stairs and they are rather steep. Each time he made it up with one problem. He would go to the other side of the playground equipment and slide down the spiral side. He was having a blast! James was running around and I saw Joseph playing in the sand. I left him and sat down with James to get his shoes on. As I was getting James’ shoes on I her Joseph crying (but not the “bad” crying when you know someone is SUPER hurt). He is sitting at the base of the stairs. The other little girls who were at the park go over to him. I finish tying James’ shoe so he would not lose it and go over. I pick Joseph up and I see a HUGE goose egg starting to rise right between his head. I could tell somehow he had started to go up the stair and then fell. As I looked at him later he had a couple of more places. My poor baby! All I can say is I am glad he avoided his mouth. With all the dental issues he has had because of falls like this I am glad he did not crack a tooth or bust his lip. I wish I knew why he has been SO delayed in walking and seems to have such major balance issues. I am hoping the developmental pediatrician will have some answers. He has an appointment to be seen in February. Can you believe I made the appointment in August BEFORE I had even left Vegas?
Today is Monday and I have to find a party supply place. I think I will be trying to get in early to work for the rest of the week so I can make up some time. I want to take half the day off on Friday so I can get the last things done for their party. I am REALLY looking forward to the celebration and surprising the children!
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