CPS tried to terminate rights, in exchange for ~2 visits a year under the guise they were concerned that if she went to court she would lose all rights.

I apologize for the length, but I have a question / need some insight. My sister has had issues with CPS for quite a while (legitimate drug related problems). CPS tried to terminate rights (for a little over 8 months), during this period they constantly tried to get her to voluntarily terminate rights in exchange for ~2 visits a year under the guise they were concerned that if she went to court she would lose all rights.

I told my sister flat out to fight that because it was a scare tactic; logically it wouldn’t make sense to have rights terminated in court if she went from being homeless and on heroin (and ended up jail) to this:

a) has been clean for almost an entire year;
b) maintains two jobs (with no vehicle in a rural county; loses 3-4 hours of her day using public transport);
c) leads AA/NA meetings sometimes;
d) missed -very- few days of counseling due to transportation issues (can’t expect someone to maintain a job + go to 3-5 meetings every week and be there every time if they have no car–even with a car);
e) has her own apartment (most recent);
f) has been doing necessary volunteer work;
g) -advanced- in drug court;
h) working out going back to college once her schedule clears up.

When she got to court, the judge did exactly what I told her he would do; instead of terminating rights, suggest to actually increase the amount of visitations. So we thought we were in the clear right; she would actually get to see her kids more? All was good? Nope. CPS ignores the judges orders and suspends all visitation. WTF LOL!?

I told her that her game plan now is to have her attorney to argue for a higher court given CPS is not respecting the lower court, but I honestly have no clue.

Is this normal and do you have any suggestions? (understanding that I’m not taking it as formal legal advice) I’m just honestly confused because it was easy to predict what they were doing before but right now this is territory in my head where they might not have the umbrella of immunity given one could argue that they are not carrying out their duties. The catch that is making me question, is if it’s something they can’t do–then why are they doing it? That’s my rational mind talking but I suppose not everyone does rational things.

Best Wishes,

 

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