We have documentation to proof we where. Miller v. U.S. This factsheet discusses laws that impose penalties, in the form of fines, jail time, or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. No last names. I ended up publishing the whole thing in a weekly newspaper (they divided it into three parts and published one part each week) and then dropped it because I was too busy taking care of the baby who had been returned to me, and her younger brother. The law 3 reads: (1) A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, visitation or child support decision, the person: (a) Makes a false report of child abuse to the Department of Human Services or a law enforcement agency, knowing that the report is false; or. Im trying to help my friend get her grandson back from CPS and we would appreciate any tips. My daughter was arrested a few months ago for felony possession of a narcotic and conspiring to kill me. but thats not what they said in court of course.they lied about EVERYTHING. I am not trying to take her away fromm him or his family I want to be a part of her life and raise her be a mommy I feel when he does not have her I should ant his mother and I should not have to answer to her at all. I basically thought he was just going over board & told him to go to his car & get the test kit for what he claimed were present. Candi, you need a civil litigation lawyer some family law attorneys will do this. Usually, a report is "screened out" when: There's not enough information on which to base an investigation. Unless this happened to you you have no idea. Once again how do my children know these things? Under California law, a conviction can land you in a county jail for up to six months, in addition to fines, possible probation, counseling, and/or community service . They made family member's permanant custodians. Do not mention anyone else's name. They kept sending it back saying the county did nothing wrong. Any one in Louisiana? the oldest boy will age out very soon. That's April Rodgers, 23, and her boyfriend, Corey Chaney, 25. But its an axis ii diagnosis, which if a child under 18 has it, youll be hard pressed to find a therapist to help you. See my page about Child Custody Battles and CPS. we were not able to appeal at the time because we were in a sever custody dispute with my ex, and each had false criminal charges we were facing (now dismissed) we were already paying 3 different attorneys. one of the workers that came n took the first child was having an affair with my cousins husband and the acual case worker is the daughter in law of a woman that i had gotten repremanded for releasing private info about me while i had a stay in the hospital, she was my counselor. Reporters with multiple false reports can face even harsher penalties. ???? That social worker Rhonda Waring,,,,,,,,,,shel get hers in court. She then looked at me with a EWW appearance & said well, by lasw u have n choice in what I can do. etc.? I didnt know they refused to admit any wrongdoing because they would have been admitting liability. I was told it was a fact I had either sold or consumed the meds. they made false accusations about me and i have the different cort documents where cps contridicted themselves and falsefied info. (A) No person shall knowingly make or cause another person to make a false report under division (B) of section 2151.421 of the Revised Code alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in section 2151.031 of the Revised Code or a neglected child . Furthermore, regarding complaints at the facility where she is, there is generally a statewide facility concern/complaint hotline. I had documentation and worked closely with those people. Pea was arrested on preliminary charges of felon in possession of a firearm; attempted aggravated battery with a deadly weapon; criminal solicitation; and four counts each of shooting at an . Basically the words of request for a full search of the premises. CASA wanted to keep my grandson in our home, but seems they were not able to fight the system. Now I have not heard anything from her but my children told me tonight that I will need to take parenting classes and a psyciatric evaluation. have a son with high IQ & low social skills which is apparently common but came many challenges, including violence from him. What should I do here? We are going through the same patch right now and we would like to know if that got any where. CPS or police judge the information to be inaccurate or false.How to press charges for false cps report in florida.The definition of false. She interviewed my daughter on Monday as well as my ex husband. They also Found the empty bottles of adderall that was in my room that I had refused to give my children unless it became a need of control. I have concerns because My son has mental issues, substance abuse and his father doesent have a plan in place. CPS never allowed me to see my children the entire time saying it was up to them who lets a 10 &14 decide. Alicia, if the judge didnt make a decision between you and the foster family, then you might be able to request an administrative hearing from the state department of social services. You may file your concerns there. In texas can cps question a 3 year old without parents presen?. Happens all the time. They told me I had two options go to jail for an undetermined amount of time seen fit by the court or sign the kids over? Together, we WILL drive a stake through the heart of this insane zombie monster that CPS is. They have lied, manipulation evaluations, gave me two lawyers who did absolutely nothing but make things worse for for the first 2 years. lawsuit? The more social workers that take the fall for the counties that hired them, the better. Most jurisdictions ( California Penal Code Section 148.5, for example) charge an individual who knowingly files a false police report with a misdemeanor. If a conviction is made for a false report, you may request to have CPS destroy their records of . When I called to get into rehab they asked when the last time I did drugs my pride wouldnt let me tell a lie and say I was in drugs so I hung up.I then called the child advocate which was on my case and she said to me tell them that you did drugs 2 days ago which it was a lie. They turned that to mean they were illicit substances and I gave her alcohol on very rare occasion, and it was no more than one serving (like a special dinner, she could have A (as in one) beer with her dad and I. I have no idea who to turn to besides God and He promised His glory would be shown in all of this. We have the lousy court appointed lawyer for juevanile court but i want to take this a step further. then got his usuall lasy attitude and refused to put the new ones in. Get legal advice, go to the courts and get a protection order, if applicable modify your parenting plan immediately. They were too afraid of the Judge to make that actually happen. I even told him that the child advocate told me to lie and say i was using drugs in order to get accepted in rehab. Because they had my husband and i see psychology and myself psychology. Often it is best to locate attorneys outside your home county to avoid any good old boys friendship networks between legal professionals within the county you reside in. If I did not close the case she would not come home with me but I closed case and she came home with me that day. Having an attorney is the best way to keep a CPS case from starting. Having a hard time to find help! Im distraught i miss them idk what to do i am disabled and this is so hard on me. But if we can't meet that preponderance burden at Jurisdiction (typically within 10 days) you get your kids back and we fucked up. Two of my son have been raped (one at Whaley House in Michigan and the other one while with a family member and the guy is now in prison for it) . What is a mandated reporter? Anyways CPS didnt ask me to come to court why would they I dont have legal custody of this child only my own but in the docket they accused me of things such as which they knew from prior case and I am on disability for health issues and bi polar. My PAS daughter was taken from me by her father when she was about seven, and now is 30 years of age. The following are some ways by adopting you can prove your credibility. I went into the hospital for 4 days with pneumonia & he was put in Foster Care in Feb. Had to get an attorney who is assisting me to get him back. Janet do you have a date for the Baton Rouge, Louisiana legislative hearing? Start your own movement. CPS stole my daughters @ages 10 & 14. Im not seeing it and when I had to sign those papers I was waiting for it but still nothing. The charges are elevated to a third-degree felony if the individual has previously been convicted for making false child abuse . He went after custody of our daughter and won by lying and paying the neighbor lady and her daughter who he has had sexual relations with to lie in court. They dont believe were dey came from is true. Consult a personal injury attorney in your area for more precise information, as every state has different laws. Angela, since your CPS case is closed you can take this to family court. We found reports that my son had complained about the foster parents on numerous occasions and nothing was done. Tabitha was the one who claim all this and CPS the one who gave her the idea. 2: Ask what the accusations and charges are. Have you heard of Brown & Duncan from Hammond, LA? The pediatrician also made excuses to avoid showing up in court to testify . She stated she did not have the time to call me. Since then he has had all parental rights to another daughter terminated by the same court for child abuse. I am a grandparent whose legal custody of our grandson was arbritarily taken from my husband and I via the juvenile court judge even though there was no abuse/neglect. Meantime we had our on child shes 3. two girls now 12 and 9 where givin to us case was closed. Judge Michael Duncan (1st Judge): Willfully ignored the parent's request to have a second doctor's opinion on the pediatrician Dr. Julie Koch's claimed "forensic" examination - which concluded that there were NO injuries whatsoever discovered yet she still claimed that the spanking to the child's behind was an abuse. Trish, you need to contact a civil rights attorney for help. I had awesome attorneys for my criminal case but didnt know to get a paid attorney for my family court case because I figured my attorney knew what he was talking about when he told me to sign over my kids and fight for them later. I basically defended my home & children wth obvious disregard his claim of FACT. File A Harassment Order. I have heard of attorney Brown who was supposed to sue OCS on behalf of a family whose two young sons were taken by OCS on false allegations and they kept them in the system for six months! Department of Human Services Investigation. I asked why, She did not know. If you would like some more support, please reply to this message. My kids were taken 5 years ago & my daughter finally told me she & her younger sister were touched! I have enough money saved to hire a attorney. Lea, only a lawyer in your state could advise you on how to sue for the first incident. Im looking to sue. But my question, as their mother went through all the court appointed attourneys she was allowed and didnt have the resourses to hire more. Regular communication with your client throughout the CPS case process is incredibly important. They have forced me into detox, drug treatment counseling etc trying to prove that I am a drug addict and have convinced my girls that that is what I am and that I refuse to do anything about it (even tho I attempted detox and suffered in such pain for two straight months I almost killed myself because my headaches were so bad they landed me in the hospital seveeral times and I was yelled at by the doctors for refusing to take pain medication. Also you can request your own CPS records involving allegations against you and allegations involving your child. Jul 28, 2011 at 2:03 PM. Cps made false statements about me. & my denial being just amother effect of substance activity. DCF is using past case that was closed and So taking a complaint which these people in my town befriended. Have taken another clean urine and hair drug test. Basically we are on our own. Even if you read her closing arguement and what the judge wrote they dont even coincide or talk about anything the same. At first I said to myself Im not on drugs so Im not gone let them do this to me Im not on drugs then I thought about my kids and said ok. I did what she said and they gave me a date when to come in. I have seemed to slip into an impossible to believe situation of what I could prove was false yet evals of me & mine intended was no way a check of the statements, by not agreeing with me but just check it and compare her statements to what she herself could attest to or agree with I was told the neg drug screens meant nothing they had ways of knowing of abuse of drugs with a childhood trauma & proved to be a fact of abuse caused a person to abuse. I rrecently met the caseworker & asked what the accusation was of. { You worked for them for 24 years, meaning you did horrific things to earn a living and you want to play victim? I offer no excuse of the yard needing to be raked I do not deny the need of a deeper clean of my home that day. Rest assured that if the accusations are indeed false, we can provide the legal counsel you need to demonstrate that fact and protect your custody and relationship with your child. For more information about how we can help you with your unique situation, please get in touch with us today. Linda Jo Martin is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program
We have an attorney who is researching our chances of successful litigation against DHS. First name only. It WILL come up missing. Most people only have cell phones these days. But it's other things. yup kids were taken over kitchen remodel. dss labelled me abusive but dont know how. How they can just twist your words around and make it out like your some kind of monster? Consult a local attorney for accurate information for your state and region. If any one know of one please let me know because I need to put a end to this before it goes to far . Ive missed my girls growing up because of them. the accusation.My husband molested our granddaughter. Michigan law says that CPS personnel are immune and thats it. Download Authenticated PDF. Which was disappointing, because I wanted to sue them back to the Stone Age. Which me and my mom explained to the provider that him and my little sister which is four years old and hes three years of age were fighting over a toy. The attorneys do not even take a case like that because they know they wont win. The judge believe my daughter due to she has attorney and I didnt have attorney. a In 2007 I moved out of the state where i had lived with my ex-boyfriend to my home state. Another thing they refused to let my kids go to family members. If you don't find the right case against CPS in your county, look in nearby counties. She informed me that the original case worker quit and the case was given to her. If someone lied out of hand, then the police may charge the person with obstructing a police investigation but again, this is the police's call . To sue, the original criminal charge must be resolved. My charges where willful cruelty to a child where dropped upon he agreement that the father has physical sole any I have joint physical,legal mind you I have had physical legal and sole the whole time out of sf county and they never found paperwork I could not find it at the time either. Original Date: December 2011 Revised Date: June 9, 2022 Policy Review: June 9, 2026 Approved by: Frank Ordway, Chief of Staff Purpose The purpose of this policy is to provide guidance on conducting investigations when intakes are screened-in with allegations of child abuse or neglect (CA/N) or when children or youth are believed to be at imminent risk of harm. Be careful when talking to CPS. So who is really being neglectful of her needs? You will need to draft your own documents using whatever details are pertinent to your case. I interviewd with Brett, he used to work for CASA. They tried to intimidate me by saying the only way I get my kids back was if I went into rehab. You will only have a couple of years to sue, so dont waste any time in getting started. State laws also may impose penalties on any person who knowingly makes a false report of abuse or neglect. I had a case with cps that started back in 2007 with my first daughter. Its geared toward people with many mental health disorders and it feels good having some support at hand. Well you see he Gandhis wife were doing this to about three different Boys including, Laurie, (and everyone else) youre welcome to register at our message board for feedback on your case. NEVER send an Original anywhere! crime. I want to sue cps in my county for damages, I also would like to try and have the findings(minor emotional and minor neglet) overturned. We have proof that personal and private medical information was changed and false allegations of mental illness was used to remove my daughter from our home. Linda, I tolld them to have at it I had nothing to hide. He then said I had alot of knowledge of a drug that would not have been there without my abuse of. thank you. Usually the time limit is two years. In the State of Michigan my son was put into foster care when the case worker lied to the judge and said there was no other family in the area willing to take him. I also would like to know what you, (or anyone) believes is the most crucial point in changing child protective practices. You can get more feedback on your case in our message board. At first I wasnt working and have been on SSD since 04 due to the severity of pain. You can't stop people from filing police reports, even if they are false. Its been 8 years and my kids are catching hell. It's up to the police to investigate the complaint and take the appropriate action. I did not have CPS, but a hearing officer, wise person, and a district judge. My ex husband who has always been a bully and used deceptive and manipulative acts to get things he wants has wrongfully filed a report with Child Protective Services against me. How can they get away with filing easily proved otherwise info to the courts? Im not being sarcastic I have just been told so many times to deal with it that Im thinking perhaps nothing can be done. I worked as a CNA for many years with a very well known hospital doing home health one of my areas of specialty was Psych. Obtain Justice Through a False Allegations Civil Lawsuit. Keep shopping around for the right attorney! Reports can be "screened out". I was going over the docket sent to the court which we where suppose to get a copy of but my sig other received just before court.
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