phone call with social worker

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mrstovar
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Joined: Tue Aug 03, 2010 9:00 am

phone call with social worker

Postby mrstovar » Fri Mar 16, 2012 7:08 am

I talked with one of our social workers this morning. I asked her to please send us any records or files they have on us and she said they won't, it against their policies. I then told them that I'm writing a letter about what was said and done yesterday, which I want them to read and sign if it's correct. She said that is against their policy also. This doesn't really make sense to me and I'm seriously wondering if she's telling me the truth. I did not tell her, but I'm under the impression that there is a Freedom of Information law or something that says we may know. We are in Mifflin County, PA. Any thoughts on how to check up on this? Also, I'd really like to make sure there's no mistakes on our files, like wrong names, wrong dates, etc. How can I do this if I'm not allowed to see our files? Any advice?
I was also wishing to contact a lawyer that specializes in things like this. I had read online to call our local VOCAL for a lawyer. I have no idea how to get their telephone number, I couldn't find it online. Another note was to call NASVO at 916-863-7470. I called that number, a woman answered, and I found out it's the wrong number. Any thoughts on a phone number to call for a lawyer? I know I tried unsuccessfully more than a year ago. All the specialists I found said they don't take cases in this area.
When the social worker told me this morning that they would not read or sign my report of yesterday's vst, I doublechecked with her about how she felt about the visit yesterday, did it go well in her opinion? She said "Well....it was neither good nor bad." I asked her if they agree that our son is doing fine, and that we are not abusing or neglecting him. She said, "Yes, I do, but we just need to moniter him a little." Just to doublecheck with whoever knows on here, since we were found innocent, am I likely correct to assume that we would be free to move without telling them where, if we find a place that would work? I'm thinking about possibly just moving out of this neighborhood (probably less than 10 miles) since it seems we have critical, snoopy neighbors here that keep reporting us.
Thanks for any help you can give.

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: phone call with social worker

Postby Daruma » Fri Mar 16, 2012 8:17 am

You can look up state-by-state laws here:
http://www.childwelfare.gov/systemwide/ ... ies/state/
Check the box on "Review and Expunction of Central Registries and Reporting Records".

States do have "freedom of information" or "sunshine laws" (not to be confused with the federal Freedom of Information Act). You can look up PA's law here:
http://www.nfoic.org/state-freedom-information-laws

She won't read or sign a letter, but that doesn't mean you can't send it anyway. You're documenting this for your own benefit, not hers. If you email it to her (in addition to mailing it), then it becomes a matter of record, archived on state computer equipment. Don't bother asking her to sign & return it, although for your own sake, you can close it with, "If you disagree with this summary, please notify me in writing within 14 days of today's date." Policy won't allow her to comply, but if you ever need to sue, it may be a safeguard for you.

I've looked for VOCAL online a couple of times but never found anything current. They may no longer exist.

In order to move, you should either verify that their case is closed, or else inform them of your new address.

Our Attorney page is http://fightcps.com/2007/08/10/lawyers-who-take-cps-defense-cases/. The folks over at https://www.facebook.com/groups/familyrights/ are also pretty good with attorney referrals. And sometimes, it just comes down to picking up the yellow pages and calling down the list.
It's hard to find a lawyer who knows how to fight CPS.
These are my personal opinions only. They are not legal, medical, or financial advice.

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Daruma
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Re: phone call with social worker

Postby Daruma » Fri Mar 16, 2012 8:29 am

In another thread, Eljay has written an excellent post on how to deal with a caseworker who's just checking up on you. Scroll down to the post written Mon Mar 12, 2012 1:53 pm, for a sample dialogue with a caseworker. This is how your future interactions with your caseworker should go.
These are my personal opinions only. They are not legal, medical, or financial advice.

mrstovar
Posts: 32
Joined: Tue Aug 03, 2010 9:00 am

Re: phone call with social worker

Postby mrstovar » Fri Mar 16, 2012 3:21 pm

Thank you for all these helpful links! I've been busy with information gathering from these links.
Unfortunately it is now the weekend so I'll have to wait until Monday morning to call expert lawyers that I've found.
I found an interesting PA law: "Any person named as a perpetrator and any school employee named in an indicated report of child abuse may, within 45 days of being notified of the status of the report, request the secretary of the Department of Public Welfare to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with law. If the secretary grants the request, the statewide centralregister, appropriate county agency, appropriate law enforcement officials, and all subjects shall be so advised of the decision." This goes on for several more paragraphs in a similar vein. Does this mean that I could, since the "tip" was unfounded, ask the Secretary of the Department of Public Welfare to wipe out or destroy the case CYS has on us? Could I then be confident that our case is closed and we are free to move without telling CYS where?
Something else has occured to me this evening. If CYS says they need to check in on us occasionally, will this get in the way of the job I'm appying for? I need to have a criminal check done, and some sort of child clearance (Don't remember the precise name right now) for the job. Anyone know?

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Eljay
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Re: phone call with social worker

Postby Eljay » Fri Mar 16, 2012 4:05 pm

IMHO, you're overreacting to this. If they were going to open a case (as opposed to an investigation) with you, they would have already called you and "offered" you their "services." You want to fall OFF of their radar, not keep calling attention to yourself. You have NOT been identified as a perpetrator because there was NO abuse or neglect. That doesn't apply to you. You're in the clear as far as I can tell based on the response you got.
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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mrstovar
Posts: 32
Joined: Tue Aug 03, 2010 9:00 am

Re: phone call with social worker

Postby mrstovar » Fri Mar 16, 2012 5:30 pm

Thanks. I certainly do want to fall off thier radar, that's for sure.


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