marwird
Jan 25, 2012, 05:37 AM
Confidentiality Rules - Order & When Events Should Happen
Recently while helping parents navigate through the CPS court proceedings and informing them of their rights, I've been quoted to and heard from parents rules of confidentiality that are new to me. I never heard this rule when I was going to CPS court proceedings for my children in 2004 - 2006. A client's pubic defender, Colleen Clark in Napa, CA, has yelled at her for talking to anyone beyond the people who the court had appointed them. Which includes; Public Defender, Parent advocate from Parents Can, CPS Social Workers, CPS Attorney, the child's Attorney, and the Judge. She was told she not even to discuss the case with her own mother because it is a confidential case. Her parent advocate had one meeting with her at which time he gave her a 3 ringed white binder that was labeled on the front cover, 'Family Court Serve's', in order to keep all her paperwork organized. He never went with her to the meetings with the Social Workers or with the defender. He did show up at the first court hearing and was able to be in the court room. She was directed by her defender to make sure she had it with her at every court hearing. I have gone to court with people (I'm not allowed in the court room) to wait with them in the lobby before their case is called. As I am sitting there, I'm looking around the lobby, and I realize I know exactly who is there for family court and who is not because of the binders they are mandated to bring with them. How confidential is that? To me, it seems they have set them up to be on display!
Another client I know can barely read and gave this same Defender a release of info for her daughter to know everything about the case so she can explain it to her mom. The mom wants her baby to be adopted by her daughter and CPS has know this from day one when he was 4 day's old. He is now 5 months old and in CA if the child is 3 years or younger, you only have 6 months to comply. If they are Over 3 years you have 18 months to comply. The 6 month window is coming up and the daughter has yet to be mentioned in court as an interested party to adopt the child. Should she file a petition on her own? This last court hearing, she was looking over her moms court papers with her and explaining things to her. When mom's defender came up to her and yelled at her in front of everyone in the court lobby, that she was not to look at her papers cause they were confidential. This rule of only talking to the people the court has set up for you, seems a little too convenient for them! Are these rules being taken out of context or is there some new rule I don't know about?
The daughter went to pick up the child cause the mom overdosed and was in the hospital. She purchased a car seat, formula, bottle, etc... Before she picked him up. She decided to feed him a bottle before she put him in the car to go home with her. CPS showed up with the police and took the baby into custody. They even took the car seat she had purchased, to put in their car, for the baby. Plus took the diaper bag, formula, and bottle as well. They didn't seem very prepared to take care of a baby. What if she hadn't had those things? How were they going to transport the child? I'm sure their report would have reflected on the fact that she didn't have a car seat for the child to sit in and how unprepared she was to take care of a child. I doubt they would have mentioned the fact that so were they and more than likely left that part out of their report that went to the judge.
She has had a social worker come inspect the home, listed all relatives of the baby, and has done the finger printing and live scan. She has been given visitation once a month, supervised at the CPS office. The foster mother told her a few weeks ago, 'Not to bother buying him any Christmas presents cause she has all ready purchased them for him and that he will be at their house for Christmas any way. The 6 month window is just around the corner. CPS keeps telling her the process takes time and there is nothing more she can do right now but wait. If they were considering letting her adopt her brother, shouldn't he be having over night visits by now? What should she do so she isn't left out of the process? Shouldn't the court have been informed at the first hearing of her interest to adopt her brother Or at some point during court before now? How can the judge find her suitable if the child hasn't even had an opportunity to stay over night with out supervision?
In a guardianship case, the person filing with the court, has to serve all grandparents, mother, father, aunt's, uncles, brothers, and sisters. Is CPS suppose to serve court papers to all these people as well? If not, why is the CPS process different? I don't think they would get away with as much as they do, if they were required to follow the same process that we have to!
I've searched trying to find the policies on these issues and can't seem to find them. I even had a hard time finding the welfare and institution code 300. I would greatly appreciate any advice you might have to help point me in the right direction.
Sincerely & Respectfully,
Parental Consultant
Recently while helping parents navigate through the CPS court proceedings and informing them of their rights, I've been quoted to and heard from parents rules of confidentiality that are new to me. I never heard this rule when I was going to CPS court proceedings for my children in 2004 - 2006. A client's pubic defender, Colleen Clark in Napa, CA, has yelled at her for talking to anyone beyond the people who the court had appointed them. Which includes; Public Defender, Parent advocate from Parents Can, CPS Social Workers, CPS Attorney, the child's Attorney, and the Judge. She was told she not even to discuss the case with her own mother because it is a confidential case. Her parent advocate had one meeting with her at which time he gave her a 3 ringed white binder that was labeled on the front cover, 'Family Court Serve's', in order to keep all her paperwork organized. He never went with her to the meetings with the Social Workers or with the defender. He did show up at the first court hearing and was able to be in the court room. She was directed by her defender to make sure she had it with her at every court hearing. I have gone to court with people (I'm not allowed in the court room) to wait with them in the lobby before their case is called. As I am sitting there, I'm looking around the lobby, and I realize I know exactly who is there for family court and who is not because of the binders they are mandated to bring with them. How confidential is that? To me, it seems they have set them up to be on display!
Another client I know can barely read and gave this same Defender a release of info for her daughter to know everything about the case so she can explain it to her mom. The mom wants her baby to be adopted by her daughter and CPS has know this from day one when he was 4 day's old. He is now 5 months old and in CA if the child is 3 years or younger, you only have 6 months to comply. If they are Over 3 years you have 18 months to comply. The 6 month window is coming up and the daughter has yet to be mentioned in court as an interested party to adopt the child. Should she file a petition on her own? This last court hearing, she was looking over her moms court papers with her and explaining things to her. When mom's defender came up to her and yelled at her in front of everyone in the court lobby, that she was not to look at her papers cause they were confidential. This rule of only talking to the people the court has set up for you, seems a little too convenient for them! Are these rules being taken out of context or is there some new rule I don't know about?
The daughter went to pick up the child cause the mom overdosed and was in the hospital. She purchased a car seat, formula, bottle, etc... Before she picked him up. She decided to feed him a bottle before she put him in the car to go home with her. CPS showed up with the police and took the baby into custody. They even took the car seat she had purchased, to put in their car, for the baby. Plus took the diaper bag, formula, and bottle as well. They didn't seem very prepared to take care of a baby. What if she hadn't had those things? How were they going to transport the child? I'm sure their report would have reflected on the fact that she didn't have a car seat for the child to sit in and how unprepared she was to take care of a child. I doubt they would have mentioned the fact that so were they and more than likely left that part out of their report that went to the judge.
She has had a social worker come inspect the home, listed all relatives of the baby, and has done the finger printing and live scan. She has been given visitation once a month, supervised at the CPS office. The foster mother told her a few weeks ago, 'Not to bother buying him any Christmas presents cause she has all ready purchased them for him and that he will be at their house for Christmas any way. The 6 month window is just around the corner. CPS keeps telling her the process takes time and there is nothing more she can do right now but wait. If they were considering letting her adopt her brother, shouldn't he be having over night visits by now? What should she do so she isn't left out of the process? Shouldn't the court have been informed at the first hearing of her interest to adopt her brother Or at some point during court before now? How can the judge find her suitable if the child hasn't even had an opportunity to stay over night with out supervision?
In a guardianship case, the person filing with the court, has to serve all grandparents, mother, father, aunt's, uncles, brothers, and sisters. Is CPS suppose to serve court papers to all these people as well? If not, why is the CPS process different? I don't think they would get away with as much as they do, if they were required to follow the same process that we have to!
I've searched trying to find the policies on these issues and can't seem to find them. I even had a hard time finding the welfare and institution code 300. I would greatly appreciate any advice you might have to help point me in the right direction.
Sincerely & Respectfully,
Parental Consultant