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allegations of neglect

Posted: Fri Jan 16, 2015 11:16 am
by madimc01
There has been allegations of neglect and I was not here to answer the door or given my hours of work, I cannot call this person back. They did leave a message. They have not been in my home. Do they have a right to come in as this I would think is against my constitutional rights. My husband and I had a fight and someone called. He is not in the home now. They are now threatening me with court intervention. Can they legally do this, given they have no actual case? They have not talked to any of us. They did not even give me a chance to make any response before threatening me with the above. If I do not goto this appointment that they set up, what could happen?

Re: allegations of neglect

Posted: Fri Jan 16, 2015 12:58 pm
by whosechildrenarethey
There are federal laws that govern CPS and there are state laws/statutes that vary from one state to the next that governs the department from there. I would suggest you use this time prior to your appointment with the department to educate yourself and this website is an excellent place to start as well as the one found at this link: http://familyrightsassociation.com/

Also, see if you can find the Department of Children and Families policy and procedure manual for your state online. You may want to look up the child abuse/neglect definitions for the state this is happening in to see where your situation does or does not fit ii. Your state may be one where domestic violence is included in the child welfare statutes.

The Department has to investigate hot line tips which is not to say you have to allow them into your home to do so. Once you've found their policy and procedures manual for your state you will know exactly what their process is for investigating. Right now they are fishing, looking for any and everything - Educate yourself BEFORE you meet with them.

Re: allegations of neglect

Posted: Fri Jan 16, 2015 4:15 pm
by family_man
You need to find out what this is all about. What are their specific allegations and concerns? Simply saying "neglect" is not good enough. That could range from inadequate supervision, to medical neglect, to failing to provide a safe environment, etc., etc. In most states, children witnessing domestic violence is considered "emotional abuse." Domestic violence is defined to be intentionally, knowingly or recklessly causing or threatening to cause bodily injury to someone. It doesn't include loud arguments overheard by nosy neighbors (unless there were threats to harm the other person).

You do not have to let the investigator in. Not letting her in, however, may prolong the case or provoke an escalation to court. When you go to the meeting, be a good listener, and try to understand why they opened an investigation. Answer only their questions without volunteering information. If it would ease your mind, you have the right to have your attorney present during this and all other meetings.

Re: allegations of neglect

Posted: Thu Jan 29, 2015 6:38 pm
by Justice74
Deny any arguments or yelling. You and your husband has to be on the same page on this. Tell that you were watching TV or playing music.

Don't volunteer information. Deny, deny any domestic violence. Don't let them interview the kids and no they can not come in to your home without your permission.

You can meet this person in a neutral place and best would be to have an attorney with you. That way they know you mean business. Video record the conversation.

Remember, your whole family need to work as a team.

Massoutrage.com has some great tips.

Re: allegations of neglect

Posted: Mon Feb 02, 2015 4:20 am
by cristy78blue
I would get an Attorney ASAP. Preferably one somebody recommends on this site or that you find from this site. Also, if you go to parentalrights.org you can e-mail them and explain your situation, and ask them for resources in your area. They cannot legally help you, but it says on there website they can send you resources.

Re: allegations of neglect

Posted: Mon Feb 02, 2015 5:40 pm
by missing_my_kids
Get an attorney. I know it's expensive. Borrow the money if you have to (we took a loan out for our attorney, and it's worth EVERY penny of interest we're paying).

For us, dealing with DCF has been like a rabbit hole that we just can't get out of. We have our children back, they were never adjudicated dependent, they were never found to be "neglected". Yet we are still, 7 month later, dealing with ramifications of this stupid situation that we anticipate lasting a long time.

An attorney is your most valuable resource. Enlist one, then don't answer a question, submit to a test, take a meeting, or anything without going through the attorney. Attorney is your first phone call, your new best friend.