False allegations by my neighbor

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leahbaby1981
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Joined: Sat Oct 05, 2013 5:45 pm

False allegations by my neighbor

Postby leahbaby1981 » Mon Oct 07, 2013 8:30 pm

My neighbor recently called CPS on me.... She has been screwing with me whatever way she can since a couple months ago when she quit her job because I was about to start paying her to watch my kids while I worked, but on the first day I went to drop them off, I found her and all her buddies up in her apartment smoking weed with a few other children up there.... So needles to say, I told her she would not be watching my kids, so she's been quite upset with me ever since, just doing little stupid things..... Well, she finally found a way to really get to me by calling CPS..... So CPS went to my 7 year old at her school and pulled her out of class to talk to her. Then they went to my 2 preschooler's school, pulled them out, and STRIPPED SEARCHED them, which I am absolutely LIVID about!!!!! Why am I trying so hard to instill in my kids not to show your private parts to anyone except the doctor AND I'm right there with them, if these people can go around, flash their badge, or card and then strip search my toddlers??? So what they have just taught my kids, is that as long as someone tells you that they have to see your privates "to make sure you're safe", that's its OK to show them your private parts..... How is that even legal????!!!!!!!! But yet, they didnt strip search my 7 year old??? Im confused.....? Anyways, so I have been cooperating, I went down for an interview, making sure to bring along my own tape recorder, and talked to them, trying to keep things as brief as possible..... the social worker is supposed to be coming over this week to do a home visit..... So as of right now, I still have my kids. And I'd like to keep it that way! Does anyone have any advice? Or encouragement? I'm absolutely TERRIFIED of losing my kids.....especially after reading some things on this site, as well as others, about CPS and how they destroy families..... if anyone has any words or ideas or anything to help me, I would really appreciate it! Thanks!

treytrey1
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Location: Tennessee

Re: False allegations by my neighbor

Postby treytrey1 » Tue Oct 08, 2013 8:01 am

Make sure your home is immaculate. They will find the slightest bit of dirt and say the home was not fit for children to live in. Have all dishes washed, laundry done and put away. All toys picked up. Check and see if you state allows tape recording. If it does and you don't have to inform them, then record the conversations. If you have to inform them then do so , but I believe it's your right to still record. They don't have to come in if they don't like it. If you can video record, do that too. Good luck. :)

whosechildrenarethey
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Re: False allegations by my neighbor

Postby whosechildrenarethey » Tue Oct 08, 2013 7:18 pm

You didn't mention what State you live in or what allegations have been made against you or if you signed any paperwork when you met with them. Since CPS has already strip searched you preschoolers I assume the allegation may be physical abuse? Because CPS has already interviewed your children at school and you have already met with them at their office I am confused why they would need to do a home visit.

While parent's are obligated to allow CPS to see the children once a hotline call and accusation of abandonment, abuse, or neglect has been made, as far as I know that obligation does not extend to allowing them into your home absent exigent circumstances or an emergency that threatens the life and limb of your child/children. Obviously CPS knows this is not the case because your children are still living at home with you. Absent a court order from a Judge to whom evidence has been presented demonstrating there is probable cause to believe your children are in eminent danger, you do not have to allow them into your home and an anonymous hotline call never constitutes probable cause. Since they did not obtain a court order or remove your children I think it's safe to say they don't really have anything and they want access into your home in an attempt to find something they can use against you.

leahbaby1981
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Re: False allegations by my neighbor

Postby leahbaby1981 » Thu Oct 10, 2013 9:44 pm

whosechildrenarethey wrote:You didn't mention what State you live in or what allegations have been made against you or if you signed any paperwork when you met with them. Since CPS has already strip searched you preschoolers I assume the allegation may be physical abuse? Because CPS has already interviewed your children at school and you have already met with them at their office I am confused why they would need to do a home visit.

While parent's are obligated to allow CPS to see the children once a hotline call and accusation of abandonment, abuse, or neglect has been made, as far as I know that obligation does not extend to allowing them into your home absent exigent circumstances or an emergency that threatens the life and limb of your child/children. Obviously CPS knows this is not the case because your children are still living at home with you. Absent a court order from a Judge to whom evidence has been presented demonstrating there is probable cause to believe your children are in eminent danger, you do not have to allow them into your home and an anonymous hotline call never constitutes probable cause. Since they did not obtain a court order or remove your children I think it's safe to say they don't really have anything and they want access into your home in an attempt to find something they can use against you.



Hmmmm...... Thank you for that info! I live in Las Vegas, Nevada. The accusations were sexual in nature, so yes, I can understand why they may have to strip search my kids, but shouldn't they have to investigate first? Cuz like you said, a phone call is not probable cause. But even so, why would they strip search my younger 2 kids, but not my 7 year old? It just sounds funny to me. But since this has happened, nobody has called me or anything to set up this home visit. I even called to see what was going on, cuz I told the case worker my days off, and she hasn't called me back about it. Could this mean they closed the case? They haven't called any of my references I gave them either, like their babysitter or their dad..... I mean, they were accusing me of some pretty big things, that if they were true, there would have been evidence. So since nobody has contacted me in a little over a week, and nobody has called me back in 2 days, and they haven't even contacted the people my kids are around the most, could it mean they finally saw evidence of the harassment by my neighbors and CPS just closed the case? Or is this how they normally work?

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LindaJM
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Re: False allegations by my neighbor

Postby LindaJM » Fri Oct 11, 2013 12:12 pm

Yes... this is how they work. I don't know the rules for Nevada, or if they will need to send you a "case closed" letter. Apparently some states do and some don't.

Read your state laws and regulations for more information.

If they aren't calling you, I sure would not call them to remind them of my existence. If they just forget it, how much better off would you be?

They probably did decide that the allegations were false. Your 7 year old may have told them that.

They may still need to meet you..... in order to close the case. But my opinion is that there's no need to remind them again. Just keep your home clean in case they drop by. And remember that if they have no warrant you don't need to invite them into your home. Not letting them in feels like a "red flag" to them so there is some risk involved with not letting them in... but go with your gut feeling. You know if they go into your home they'll be on a fault-finding mission.

It is a good idea to see a lawyer in your area for help, even if you aren't being taken to court. When CPS arrives in your life, it is always a legal matter. What a great help it would be if the lawyer let you meet with the caseworker in the law office rather than your home.

The number one best way to keep a CPS case from going to court, is to have a good lawyer backing you up.
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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 ...

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monkette31
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Re: False allegations by my neighbor

Postby monkette31 » Sat Oct 12, 2013 1:21 am

Video tape your home in case they drop by to violate your civil rights....which they do sometimes. Also know that while under investigation, I don't believe the investigator is immune to anything they do. They only have immunity when they "open" a case on you. Also see a civil rights lawyer, strip searching toddlers sounds way out of line. Personally, I think they are just brewing, you can look up more information about Nevada child welfare laws at childwelfare.gov . You may want to pin down the investigation opening date or close to it and then find the legal statute or law for your county/state as to how long the "investigation period" lasts there in Nevada....and know that at the end of the timeframe, usually 30 or 60 days, they have to either close the case or force you into accepting their "services". If it even gets this far, you should know that you would be stipulating to a civil child abuse conviction with most any services they try and make your family take. That is the reality of the situation, this is a civil matter and you'll find no due process in these courts so start arming yourself with knowledge.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

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LindaJM
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Re: False allegations by my neighbor

Postby LindaJM » Sat Oct 12, 2013 8:06 am

monkette31 wrote:Also see a civil rights lawyer, strip searching toddlers sounds way out of line.

Come to think of it, the Calabretta v. Floyd court decision involved a strip search, and that covers all western states including Nevada.
Sample Document Library

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 ...

leahbaby1981
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Joined: Sat Oct 05, 2013 5:45 pm

Re: False allegations by my neighbor

Postby leahbaby1981 » Mon Oct 14, 2013 7:04 pm

Come to think of it, the Calabretta v. Floyd court decision involved a strip search, and that covers all western states including Nevada.[/quote]


Hmmmmm that is very interesting..... It gets a little technical in some spots, so here is the run-down of my case:

My neighbor called CPS and said a bunch of crazy things about my kids that were all sexual in nature, nothing about ME doing anything to my kids, just that my kids were doing a bunch of sexual things, that my kids were "overly sexualized" is the term the Detective used.....Now mind you, that we live in Las Vegas, where there are billboards all over the place depicting people doing sexual things, there are big vehicles with huge billboards driving all over the place every day with naked people on them...... So the next day, they went to my 7 year old's school, and talked to her. Then they went to my younger 2 kids preschool and talked to them and strip searched them. Then they called me and everything after that, but even then, they still did not tell me that they had strip searched my preschoolers. I found that out from them when I picked them up from school, and then I called the Detective back that had called me first, and asked him about it and he did tell me yes, they had done that..... Just not telling me the first time around sounds funny to me, then not strip searching my oldest, but then going to strip search my younger 2 kids AFTER they had already talked to my oldest sounds funny as well..... however as a single mom, there is no way I could afford a lawyer for this..... Any suggestions?

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monkette31
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Re: False allegations by my neighbor

Postby monkette31 » Wed Oct 16, 2013 9:16 am

I think you need to find a lawyer....a civil rights lawyer. Camretta v Greene was a big case and set law. I think you have a lot of money coming your way.
Here's one I found who is also in a lawyer group I know of that is fighting cps, especially with winning lawsuits:
Del Hardy
96 Winter Street, Reno, NV
www.hardyandassociates.com
(775) 302-8170
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.


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