I live in saskatchewan. I hav gotten my kid apprehended forgot reason. My mental health is okay and a Psychiatrist

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Customer: I live in saskatchewan. I hav gotten my kid apprehended forgot reason. My mental health is okay and a Psychiatrist relaxed me out of the top of the line mental health facility. But my cps worker apprehended my kid cause my mental health. But I had a doctor say it was okay. Then she causes me of drug use, but I pee clean and she still says she thinks I'm addict. It's been a month. There has to be some legal bounds that she needs reason to take a kid
Answered by JosephE322 in 1 hour 1 year ago
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to take any legal action and/or preserve any of your legal rights. I’m currently working on your question.

I’m sorry to hear about your current situation. Can you please let me know if received any documentation from CPS or court orders explaining why your child was removed from the home?

Customer
No adult person who is able or willing to care for the child needs.
And physical or emotional harm to the child has accoured or is likely to occur
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JosephE322, Expert

Was a Protective Intervention Order issued?

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JosephE322, Expert

Or did you receive a Notice of Apprehension?

Customer
I'm not to familiar with that is there is a application for protection hearing
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JosephE322, Expert

Generally speaking, when a child is apprehended, the agency must apply to the court within 7 days and a hearing must take place within 14 days. Did you attend the hearing?

Customer
It got adjourned twice because they didn't notify us till a day or two before so we couldn't get a lawyer
Customer
I had to ask to get the second court date after they never called and informed us on the first court dste
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JosephE322, Expert

So generally speaking, at the court hearing the child protection agency will present to the court what’s called an "Affidavit" to outline the reasons why the child is in need of protection. You are entitled to review the Affidavit before the court appearance. If do not agree with the recommendations, type or length of order being sought by the agency you do not usually need to prepare your own Affidavit. If you do not agree with what the agency is planning for the child, it is very important for you to attend court and voice your objections.

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JosephE322, Expert

If you voice your objections, the court will usually set another court date for what is called a “pre-trial conference”. A pre-trial conference is held in a court room with a judge, the agency and the parents. At the pre-trial, the case will be discussed and the parents and the agency may be able to agree on a plan of care for the child. If there is no agreement following the pre-trial conference, the judge may set the matter for a trial.

Customer
She switched the agreement with out notifying us. Also she placed the child in a home where the caretaker does not have the mental strength to deal with our child. Is there any legal guid lines she has to follow as a social worker, it just feels like she took him and lied about everything now is extending the duration and making the rules more strict even though we are complying. I had a panelist that says I have the right to say no. Is that not correct
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JosephE322, Expert

You would definitely would want to bring up all of these issues to the judge when you go to court. If you are referring to a Family Services Agreement, it normally can’t be changed without you knowing about it. If you think it was changed after you signed it, you should bring that up to the judge as well.

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JosephE322, Expert

Given the complexity of these issues, you should consult with a lawyer who deals with child protection cases.

Customer
Do you have any you could set me up wirh
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JosephE322, Expert

I’m unable to give out recommendations for lawyers; however, you can apply for legal aid help if you meet certain financial requirements. Here is a link to start an application [click here]

https://www.legalaid.sk.ca/legal_help/nature_of_problem/family.php

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JosephE322, Expert

You can also try Pro Bono Law Saskatchewan 1-***-***-****. They might be able to provide you with free legal assistance for your case.

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JosephE322, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you need any further assistance, please do not hesitate to reach out to me.

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