Legal Question in Family Law in Ohio

Why is everyone afraid of the CPS?

My daughter has two sons who accused their father and his parent of molestation. She reported it to CPS who insisted at first it was true, then 2 months later took the boys to a home where they stayed for 9 months until they said it wasn't so. They gave the boys to the father with no visitation at all to my daughter. There was no court trial just the CPS girl made the decision my daughter made them say that and was an unfit parent. She(the CPS) girl put lies about me in case plans making me an unfit grandmother. What can be done? Her lawyer said he had no idea what was going on, they made new charges everytime he cleared one up.

Why are you afraid to answer?


Asked on 7/25/99, 6:12 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Why is everyone afraid of the CPS?

Let me start at the end. I don't think I understand the last question "Why are you afraid to answer?" From the header this question was posted today.

In any event. Was there a court filing and a finding by the court? If not, the first thing that I need to clear up is that the CPS does NOT have police or judicial power. Just because a social orders somebody to do something, doesn't mean the person has to do it. They can always file in Court. But then they have to prove why it is they want something ordered.

I don't know where in Ohio you are. But in Hamilton County where I prosecuted such cases for 8 years, the court was very reluctant to hand over kids to a party, parent or otherwise, who had been accused of molesting them. Even if the children retracted and it couldn't be proven, the court would often find the children dependent on the basis that the very fact that the children had made allegations of that sort meant there were serious problems.

They would be very reluctant to place a child with a parent in that situation. But then I don't understand who is ordering no visits with the mother. If the Court has ordered then I would need to know why. Since you are apparently one step removed from the process you may or may not know everything that has gone on. But if you can provide more info, I would be glad to take a stab at answering further.

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Answered on 7/28/99, 5:08 pm


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