Need an attornry in KY asap!

How does one recover from trauma and PTSD? This area is for people who have been attacked by CPS and are having a hard time getting over it.

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Karlayb
Posts: 1
Joined: Mon Oct 03, 2011 7:38 pm

Need an attornry in KY asap!

Postby Karlayb » Tue Oct 04, 2011 4:57 am

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I am seeking a law suite against the cabinet of health and family services for personal injury on behalf of my step children. Also, would like to pursue the possibility of our civil rights being violated.
       An incident occured with my step son who is 9 years old. He has a documented history from certified therapist to have anger problems, becoming violent with siblings and engaging in beligerant behavior. In feb 2011 the boy had to be properly restrained by me during a fit of rage against his sister, in which i intervened for his safety and the siblings safety. A investigation was conducted by health and family services worker, Holly Francis. Mrs. Francis concluded that child neglect and abuse occured because the child had marks under his armpits and were alleged to have been a result of me using excessive force to discipline him. I was aware that these marks on his body were a result of a fight with his sister a few days prior to this incident, and were not a result of my actions. Mrs. Francis refused to adknowlege this fact and substantiated child abuse and neglect against me. I was ordered by cps to have no contact with the child, and the two sisters and him were removed from my home. A hearing was sceduled with judge huddelson in bowling green with the mother, Karla Mason,for return of custody. The mother had previously lost custody of her children due to allegations of neglect in warren county, which i was not involved in. Allen county social worker, Holly Francis, appeared at this hearing in warren county and presented the judge with the situation involving myself. Mrs Francis informed the court that she had substantiated child abuse against me, and that domestic violence was occuring in my home. I was denied any right or opportunity to protest her testimony to the court, nor was i provided representation. Judge huddleson took mrs francises testimony as truth, since i was not given opportunity object and defend my actions. Return custody to the mother was denied solely on the false testimony of the cps worker and the children were not allowed in my home. . After this, Holly Francis filed charges against me in Allen county court, which is where we live and the incident occured. I missed several weeks of work to appear in court for this. Ajudication was avoided and i sighned a informal adjustment to take a child restraint class in return for dropping charges against me. Cps convinced me that the boy shouldnt have testify in court and go through the mental stress of it, so i agreed to informally adjust. After this was settled, the kids were eventually allowed to be home in my presence with supervision. BUT..... I soon found out why CPS didnt want me to have contact with the boy. He told me, his mother, and his therapist that he never told Holly Francis that i hurt or abused him. He stated that he told the investigator that he had those marks on him before i restrained him, and that i had nothing to do with it! Also, our home assigned cps worker, Kay Towry, stated to me and the mother that holly francis had told her i never put marks on him. I demanded that kay towry correct this injustice and she stated " i got no dog in this fight" and " i cant go against a co worker" . Recently i filed an appeal against the finding based on this information to frankfort ky. An detailed letter and request for a hearing was sent to frankfor and a hearinv was granted for oct 7 at 10am. Two days ago i recieved a letter from the cabinets legal counsel wanting to settle outside of the hearing. They have sent a offer agreeing to reverse the substantiated finding if i agree to constitute a full and final release of all claims against the cabinet. Basicly they want to reverse the finding and me stay quiet about their evil doings. I called their counsel and refused their offer and am going forward with the hearing. They want to reverse the findinv based on " stipulation of good faith and for other good causes shown". When i called their counsel they stated that they had no evidence and was not going to contest the issue. I will not allow this to be overturned for good faith, but on the fact that the allegations were knowlingly false!
       I am seeking a suite against these people for knowingly presenting false information to destroy my family. These children were denied their home because of the lies of holly francis and a bogus investigation. The mental anguish and stress imposed on us during this time was completely avoidable and un nessesary. It is not a matter of mistake that cps reached their false finding of abuse against me, but a deliberate mis use of facts to gain controll and power over us. No amount of money can repair the mental damages to the kids because of this evil deed. But we seek justice and for someone to be held acountable for their actions. Please help us make this right!
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fishingville
Posts: 2
Joined: Sat Nov 19, 2011 7:23 pm

Re: Need an attornry in KY asap!

Postby fishingville » Sat Nov 19, 2011 7:40 pm

If u check this site call me 858-325-5332. I never post my number but I live in Ky n I want to file something as I want the abuse/neglect to come off my record. The worker new my son had PDD and a spectrum of autism.
I want someone who understands.

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Need an attornry in KY asap!

Postby Eljay » Sun Nov 20, 2011 8:17 am

You've got to carefully weigh the drawbaks & benefits of pursuing a trial. We parents are very passionate about our families and our reputations. CPS workers are not... they don't even have to come to hearings/trials to justify or face the truth. They lie and you get all riled up, risking looking like an emotional maniac while they show no emotion at all (maybe smugness). They can send a supervisor or just let CPS legal counsel represent them because their reports are sufficient (despite the lies contained therein). Wanting them to be put on the stand, have the truth revealed, making them admit it and even apologize? Probably not going to happen. But the stress you'll endure trying to make this happen? Horrible. And the money? You'll need a lawyer, if you can find one willing to take on CPS, that will cost you $$$$$$$$$$$.

If they are offering to produce a written letter stating that all allegations were unsubstantiated AND clear your name off of the CACI (child abuse central index, or whatever it is in your state), then you can sleep at night. You really don't want to fight with folks who don't fight fair.

There was a family in LA County who took on CPS (DCFS) and won a $220,000 settlement from them. After that, DCFS showed up at their house 2-3/month, in the middle of the night, sometimes accompanied by SWAT teams, helicopters, etc. and made their lives a living hell, eventually taking their kids away AGAIN. These people have endless resources (they already have the staff & attorneys employed full-time, paid for with our state AND federal tax dollars).
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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noroses4u2c
Posts: 877
Joined: Wed Jan 26, 2011 11:57 am

Re: Need an attornry in KY asap!

Postby noroses4u2c » Tue Dec 13, 2011 6:31 am

Overturned is overturned. If you can get it overturned, take it no matter what.

I'm also in KY. I have no way of getting mine overturned, even though I was innocent of the accusations against me. I am forever branded a "child abuser" for stuff that I did not do.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.


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