[ScottGem]

Getting closer here. First you said; "They spoke to her mother that night and that is when she reported the officer said he doesnt blame her for punching her in the mouth, teens are out of control he would have done the same. " Who is the she that reported this? Did you actually hear the officer say this or did someone just tell you he said it?

Second WHO told you you could be charged with kidnapping?

Third, why didn't you file for emergency custody on Mon like you said you would?

Charging you with kidnapping is a very large stretch. You were instructed by CPS to keep her. That alone would have gotten such charges thrown out. Sorry to tell you ti but you have made some right moves a lot of wrong moves and listened to a lot of bad advice instead of the good advice you have gotten here.

[jen2003g]

You have to remember though, I am held to a total differnet level of responsibility then the normal citizen! I am a foster parent who receives children though CPS and I can't just go disobeying police and arguing with CPS. The dispatch officer told me it was against the law to keep a child from the parent with custody unless I had paperwork giving me emergency guardianship or court order. Also, my sisters mother told me what the officer said and my other sister confirmed the officer said this. I didn't file on Monday, I have the paperwork, but CPS told me I wouldn't have enough of a case even with this being the 2nd CPS investigation in 6 months and the history of domestic violence and substance abuse over at least 20 years at their address! I have to protect the children in my home and ensure their stability even though it kills me to know what she is going through. I am hoping to hear what the prosecutor desides about the case and see what kind of things CPS is putting into place. Thank you for the advice, but sometimes there is more to doing what is right for one that could jeopardize what is necessary for many! Darned if I do and Darned if I don't!

[ScottGem]

No I don't believe you are held to a different level of responsibility in this case. If the person you were harboring was not a relative and you did not have valid reasons to protect them, then and only then would you be in trouble.

Second, I would not suggest that you defy a DIRECT ORDER from a police officer or from a court. But you NEVER got one. As I said more than once, YOU do not have to let anyone in your home without a warrant. If the mother came you tell her to go away. IF she came back with a police officer AND that police officer tells you to turn over your sister or be arrested, then and only then should you have done so. The police are not that well versed in the law. They often blunder about and leave it up to prosecutors to sort things out. The dispatch officer you spoke to was trying to intimidate you and he succeeded. You listened to him despite what we told you. Had you told me what he said I would have told you what I'm telling you now. You caved and you didn't have to.

As for the future I would still file for custody! Even if you lose you accomplish two things. You make the courts (not just CPS and the police) aware of problems in the household and you show your sister that you are still trying to help her after giving her up!

I would also suggest you do more research into your rights and the law rather than listen to people who have a vested interest in giving you inaccurate info.