Obtain Copy of Investigative File if Unfounded

[Mom2Jasper]

I was unfounded for a recent DCFS investigation, but my significant other was indicated. He is appealing the findings (and I don't blame him), but as myself and my 2 teenage children must testify at his appeal hearing, I have concerns about DCFS using something in our testimony to indicate me. DCFS has already threatened to indicate me for "failure to protect" and the caseworker I have to work with for intact services every weeks seems to look for ANY thing against me, so I am afraid of what they will pull if I testify something that they don't like (like the truth!!!).

An attorney has advised me that my concerns are legitimate. DCFS CAN use anything that is said during his appeal hearing to indicate me, and it has been STRONGLY advised that I get an attorney. I am working with an attorney, but they need to see the investigative file so they can prepare me for the hearing. I do not have a copy of the investigative file because I wasn't indicated, and my significant other seems reluctant to share it with me, perhaps out of concern for himself. BUT, without the investigative file, I cannot be properly prepared to protect MINE and my kids' rights during the hearing.

Does anyone know how I might be able to obtain a copy of the investigative file even though I was unfounded? The hearing is coming up in 2 weeks so time is an issue. I wish I had all of this information before but the hearing was scheduled very quickly, giving ME little time to prepare.

I appreciate any help.

Thank you.

[monkette31]

Administrative law hearings vary by state. I think they are just going to make a final determination as to him. Any new allegations of child abuse will be reported by mandated reporters. I would check the childwelfare.gov site as to the definition of failure to protect. What do you mean the worker threatened to indicate you? Did you get her on record violating your civil rights threatening under of color of law to testify to cps' advantage or not testify or lie about the so?

[Mom2Jasper]

Thank you for the link. The problem is that DCFS wanted to indicate me, BAD, but the investigator's supervisor felt uncomfortable with it considering I was a "victim of domestic violence." Even my attorney has said it is unusual for them to indicate one party involved but not the other. So, my fear is that they will take ANYTHING I say that they don't like, and use it to open an investigation on me or indicate me. My caseworker already threatens me with indication if my significant other comes back around my three older kids. Several attorneys have confirmed that yes, DCFS can do that.

[family_man]

Did your "significant other" actually abuse you or your children? Do you believe he is being treated unfairly? Is he the bio father of any of your children? Is he actively contesting the DCFS decision? Do you want him to be able return to your household? Do you have full custody of your three older children?

These are key questions we need to know to give halfway intelligent (non-legal) advice.