WV WV - Aliayah Lunsford, 3, Lewis Co., 24 Sep 2011 - # 9

[Mjskit]

question for someone with CPS knowledge.......if Ralph turns out to be uninvolved in any of this.....would he get custody of all his children? does his past criminal record come into any play?

When I was going through my homestudy by DHHR to become a foster parent my husband and I had to attend PRIDE training. During this training we were told that as potential foster parents we had to pass a criminal background check ( no more than 2 misdemeaners in your lifetime and NO FELONY), pass a CPS and APS background check and the list goes on. However, a PARENT does NOT have to pass these checks.

The criminal history can be used against a parent when the parent is constantly incarcerated and has little or no contact while incarcerated. Also, if the parent is a RSO it can be used against them. It all happened in my case so I know all about it.

RL has no job and no housing. The chances of him getting the children are extremely low (virtually non-existant).

 

[Paulette]

Its pretty hard. An investigation has to be done and if a preponderance of evidence they can file a petition to severe parental rights but a judge still has to approve it. CPS cant arrest or charge people. They do the work but only by court order.

So, when CPS took the children from the home on that Friday night in September, they did it with a court order?

Also, who starts the investigation to severe parental rights?

Thanks for all the advice. It's lovely to have someone that's knowledgeable on board.

 

[Vickie Bowen]

Vickie- Is Joann just mad at you or is she mad at you and your brothers also?

She is mad at all 3 of us, not speaking to us at all, first it was only me, then randy and jesse tried to make her see reasoning of what we were doing and I guess she really got ticked at them. They told her we would not stop until Aliayah was brought home. so i got friends on the SH-- list with me

 

[Knox]

The rumor we heard was that one of the older girls was taken and held hostage for a small drug debt. however we have found no truth to this and consider it a rumor. I am sure LE has checked it out.

Rumor, got it.

What drug was she rumored to be held hostage for?

 

[lynnb]

She is mad at all 3 of us, not speaking to us at all, first it was only me, then randy and jesse tried to make her see reasoning of what we were doing and I guess she really got ticked at them. They told her we would not stop until Aliayah was brought home. so i got friends on the SH-- list with me

well........at least you're not lonely.
( I know it's not funny but we have to have a little humor)

 

[Mjskit]

Normally when a child is removed from a home, do the parents have a say so if the child can go with a relative right away? I mean, do they ask the parents if there is a family member they can go to?

Parents can request a certain person take in the children. However, there was a problem with that parents abilities to be a good parent otherwise CPS would not be involved. So I doubt CPS would fulfill a request by a neglectful/abusive parent.

 

[ClassyT]

what happens if the parent is sent to jail for a long time? Do the kids just stay in the system until they're 18 or can they be adopted out?

Its really similar to cases where a service member goes to war. The parent can sign temporary custody to whomever. But, in this case the state has taken them so its not that easy. The reasoning I guess is, clearly the parents' judgment is not that great or they wouldn't have lost their kids. Family is always at the top of the list. If that is not possible they are put into foster care. A child can spend their entire childhood in foster care and not adopted. A parent can refuse to terminate their rights.

 

[Mjskit]

When children are seperated by different foster homes, are the children brought to visit each other?

There is another case I'm following in WV where the children were removed and one of the children is on facebook talking to other family members. I was surprised that was allowed. This was not a family placement either.

Yes siblings are allowed to visit each other. If there is not a no-contact order then the social worker can allow phone, mail, email, and facebook contacts. It is up to the foster parents to monitor all these things.

 

[Vickie Bowen]

well........at least you're not lonely.
( I know it's not funny but we have to have a little humor)

lol I love my bros. :great:

 

[ClassyT]

So, when CPS took the children from the home on that Friday night in September, they did it with a court order?

Also, who starts the investigation to severe parental rights?

Thanks for all the advice. It's lovely to have someone that's knowledgeable on board.

Yes and no. A police officer can take a child if he or she sees fit. Say, they go to arrest someone on a warrant and there is a meth lab. LE can take a kid.

In this case I was listening to the scanner the night they were taken and I believe it was by court order. They went specifically to retrieve the kids.

CPS can start the termination of rights process. Well, they can "recommend" it be done with the courts. Ultimately the judge makes the call. Parents can also elect to terminate voluntarily.

 

[CJMAJORGIRL24]

I would NEVER discourage a distant relative from contacting an attorney -and then CPS about the babies. Those babies deserve to have a home where they are loved and cared for and not shuffled from home to home. (not that foster parents are bad) but imo LL will not get these children for a VERY long time (if ever)

 

[Mjskit]

So, when CPS took the children from the home on that Friday night in September, they did it with a court order?

Also, who starts the investigation to severe parental rights?

Thanks for all the advice. It's lovely to have someone that's knowledgeable on board.

Not necessarily. CPS has the authority to remove children who are in imminent danger. A court hearing about the immediate removal occurs soon after.

This petition is the beginning of that investigation. Keep in mind though that CPS will talk to friends, co-workers and family but not the general populace. CPS does not follow people around and watch every move they make.

 

[Knox]

Its really similar to cases where a service member goes to war. The parent can sign temporary custody to whomever. But, in this case the state has taken them so its not that easy. The reasoning I guess is, clearly the parents' judgment is not that great or they wouldn't have lost their kids. Family is always at the top of the list. If that is not possible they are put into foster care. A child can spend their entire childhood in foster care and not adopted. A parent can refuse to terminate their rights.

BBM- I have spent a fair amount of time reading CA Court of Appeals rulings. When reunification efforts fail (lengthy process in some cases), the court does terminate parental rights. I've read of many cases where it occurred (thank goodness).

 

[Vickie Bowen]

ok now I feel like a dummy, i really dont know much about drugs especially home made ones. I was suprised when i had to give ID to by nyquil when I was sick. What is the world coming to. I do believe we are in the end of times.

 

[lynnb]

ok now I feel like a dummy, i really dont know much about drugs especially home made ones. I was suprised when i had to give ID to by nyquil when I was sick. What is the world coming to. I do believe we are in the end of times.

Don't feel like a dummy. Most of us only know this stuff because we hang around here talking about bad people most of the time.

 

[LaineyB]

Vickie, I saw you on the local news too and you did wonderfully! I praise you for your efforts (and that of your brothers) to find Aliayah and to see that justice is served. Bless you for all that you're doing.

I'm not close to Weston, I live in the Huntington area, but I have been following this case since the first day that little Aliayah went missing. And she has been in my thoughts and prayers all along. And she will continue to be.

 

[Vickie Bowen]

Vickie, I saw you on the local news too and you did wonderfully! I praise you for your efforts (and that of your brothers) to find Aliayah and to see that justice is served. Bless you for all that you're doing.

I'm not close to Weston, I live in the Huntington area, but I have been following this case since the first day that little Aliayah went missing. And she has been in my thoughts and prayers all along. And she will continue to be.

i havent seen it yet, we dont get that channel, I have to wait till the put it on their web site

 

[Paulette]

Look at all the new members from West Virginia. Isn't that wonderful. So much support for this missing little girl.

 

[ClassyT]

I just watched the first video of LL and her mom in the interview. Its so puzzling to me. Even though its brief, its so bizarre. I wish I had the complete interview. She was very specific with the time she "checked on her" but not at all with the babies description, what she was wearing etc. She says others are "doing all they can." She unattached. Does anyone know if the complete interview is out there somewhere?

 

[lynnb]

wow...websleuths has a thread on everything....lol


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