Dont know what to do?

Are you going through an investigation now? Tell your story and get feedback here.

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ArleenHammerschmidt
Posts: 1
Joined: Mon Oct 17, 2011 7:16 pm

Dont know what to do?

Postby ArleenHammerschmidt » Mon Oct 17, 2011 7:31 pm

am being accused of maltreatment of my 15 year old daughter cause I accidently hit her in the eye while in the car driving. We were playing around with the radio and she moved my hand and hit her in the eye. While she was not removed from my home and the case was closed. I received a certified letter stating that the case was found substantiated of maltreatment and I am being placed on a list they have until she is of age. I requested a copy of the cps report and it says that I admited to punching her in the eye. There are things in the report that are incorrect and I have appealed their findings. I am not sure what else to do got a call from the person taking care of my appeal and asked her who to contact if I disaggree with the cps report she didnt know and told me to write a letter to her with my concerns. I dont know what to do or how to respond.

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LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
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Re: Dont know what to do?

Postby LindaJM » Mon Oct 17, 2011 8:01 pm

Hi Arleen,

Check out this pdf of central registry laws. Find the laws for your state and it should explain how to get your name removed from the child abuse list.

Good luck!
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

WhiteHaven
Posts: 92
Joined: Thu Apr 01, 2010 6:21 am

Re: Dont know what to do?

Postby WhiteHaven » Wed Oct 19, 2011 1:11 pm

I am curious about something does EVERYONE go on that list no matter what reason DFCS thugs were called on you for?

titus
Posts: 5
Joined: Tue Apr 12, 2011 12:00 pm

Re: Dont know what to do?

Postby titus » Wed Oct 19, 2011 3:09 pm

WhiteHaven wrote:I am curious about something does EVERYONE go on that list no matter what reason DFCS thugs were called on you for?


That depends on your state's laws, but generally yes, even if they find the accusations without merit, you often still are on the list. Also, depending on your state's laws, this travesty may be found unconstitutional (violation of your due process rights) and successfully challenged in courts (as it happened in NC, GA and in federal court in Humphries v. County of Los Angeles). Your chances of successfully suing CPS depend on the legal injury (deprivation of liberty) caused by the placement in the registry. Stigma is not enough. It needs to be a stigma PLUS some alteration of your legal status to claim an injury sufficient for valid standing. Usually, the injury is associated with the possibility of disseminating this information, and this again depends on your state's laws, although not entirely - some dissemination is mandated by the federal law (the Adam Walsh Child Protection and Safety Act of 2006).


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