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#1
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Can a foster parent..........
Can a foster parent be subpeanoed to give testamony against the state? I was subpeanoed last night to give a depostion with in the next week. We have court in a few more weeks. I contacted my caseworker to inform her and she said she didn't think a lawyer can depose a foster parent. Please anyone out there that knows anything about this please let me know.
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#2
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I would think that they could if they feel you have evidence that would help their case.
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#3
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lucyjoy, Thank you for replying. I just don't see how I could help their case. They are trying to take the kids from us. They are the ones who put them up to begin with. As more things begin to surface I realize the worst thing would be for the children to go back to their grandparents. We found out last night we are the 3rd family they (grandparents) placed the children with and then changed their minds and wanted them back. Then after a month or 2 they find a new family for them. I can't let that happen to my kids.
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#4
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If this is supeana is related to your case, call your lawyer-don't think they can make you incriminate yourself or testify against yourself.
One of my kids had a foster family that would claim they were going to adopt them, dump them somewhere else and everytime someone else tried to adopt him, they wanted him back and got him. They did this to this poor kid for 5 years and blew 3 placements for him. It's so sad to see kids bounced around like that. |
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#5
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Here's the thing we were told we are not allowed to have a lawyer because we are foster parents and that would void our contract. The grandparents are sueing dcf not us. This has just gotten out of control we have been hauled to court every month this year. We are at out ropes end we feel as if we have no life. I hate not having any control over this. So far each time the Grandparents have asked for visits the judge has denied it. But just issues a contuance. Our cw says he is just crossing his t's and dotting his i's. I just hope it ends soon. Also the date of depo is our 9th wedding annversary.
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#6
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At our tpr hearing the boys' former foster mother testified. She was asked what the boys were like when she got them and what progress they made while they were with her. She wasn't asked anything about the bio family or the case. She just gave a progress report on the boys. It was helpful in determining the best placement for them.
__________________
Mom to Sarah - 18, Erica - 16, Cole - 10, Ryan - 4, and Clay- 3. Gotcha Day 2/2/04 Finalized 12/29/04!!!
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#7
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for free legal advice...
If I were you and want to talk with an attorney, go to your yellow pages and ask around. I would present the same question you presented to us in this post. Most attorneys will at least tell you your rights for free. I have done this with a different question so I know it's true. They will charge you only if you need representation or have an appointment. It doesn't cost to ask.
Melissa |
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#8
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Thank you, i just wish this was over
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#9
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Are some of the posts disappearing from this thread?
__________________
Mom to Sarah - 18, Erica - 16, Cole - 10, Ryan - 4, and Clay- 3. Gotcha Day 2/2/04 Finalized 12/29/04!!!
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#10
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NO I have it post somewhere else to. Just a little scared here and looking for any help I can get. No one seems to know the answer and the day is aproaching quickly. A family lawyer as well as states attrn. said we can be forced to testify in court but thier (GP's) lawyer can not depose us 1st. So waiting to hear from CW now to see if the subpeano got squashed.
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#11
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I think the term you are looking for is quashed. How would they be able to quash the order?
__________________
Mom to Sarah - 18, Erica - 16, Cole - 10, Ryan - 4, and Clay- 3. Gotcha Day 2/2/04 Finalized 12/29/04!!!
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#12
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Something to due with the fact of us being foster parents and our names being leaked all over the place by their lawyer including the media. Or names were also added on the father's tpr appeal. Not sure how that happened still. Anyway our States attn. said their lawyer cannot depose us and if she wanted to she should have done it in the beginning. Our 1st court date for all of this was early March; we just keep getting cont. because they 1st tried to call a physiatrist to testify how the children are reacting to all of this and that was over ruled because she had never met the children. Then we were order to have phs evaluations done on the kids, which some how turned in us as well. So we went back to court again and the Dr. never wrote a report she didn't realize she was suppose to. So she says, the judge told her she would have to be deposed then by the states attn. After that deposition they had the physiatrist’s testimony thrown out find it very biased. So here we are. I just received my call we do not have to go to deposition. I’m glad that part is over with thanks to all of you that helped and reply. Now all we have to due is wait for court. 10 days to go.
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