Hotline Report Arrived - Possible Discrimination?

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MoodyCat
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Joined: Sat Dec 31, 2005 4:14 pm

Hotline Report Arrived - Possible Discrimination?

Postby MoodyCat » Tue Jan 17, 2006 5:34 pm

The report made to the Hotline arrived today from Albany. It's interesting to say the least, but now it brings up another question..... Please let me know if you feel like what was reported is discrimination against me b/c I'm bi-polar. It really feels that way now b/c of this.......

" Safety Factors
Caretaker's mental illness or disabilitry impairs their ability to care for child"

I also spoke off the record with a deputy who said that nothing criminal will be done against the woman who filed the complaint (& admitted to my son's father last week that she did it and did it knowing it was false,) without CPS insisting on her being charged. He also said CPS won't do that b/c it takes the anonymity out of it, and they don't want to ruin that b/c then no one will call in.

If anyone has any info on good attorneys in my area Elmira, Ithaca, Syracuse, Rochester (NY) that will work with me it would be helpful.

Here is the full report from Albany.

It was reported on 12/22/2005 @ 4:15pm to the hotline in Albany.

It lists me as being 25 (I turned 26 in October), I'm the mother, and says I'm the alleged subject

It lists T**** and states he is the male child.

It lists S***** as the biological father (why does it list me as just the mother and S***** as the biological father?) and says he is 35 (he's actually 38) and it states he has no role in the complaint, (meaning there is no reason to investigate him.)

It lists my address w/ specifics and my phone number.

What I'm listing next is exactly as it appears on the report......

Allegation Detail

Maltreated/Abused Children
T***** *******

Allegations
Inadequate Guardianship
Lack of Supervision

Alleged Subject(s)
C***** ********

Safety Factors
Caretaker's mental illness or disabilitry impairs their ability to care for child


Page 2 doesn't state anything specific, but says.......

Caretaker is unable/unwilling to provide sufficient supervision
Other (specify in narrative)


Page 3 Call Narative

Narrative:
Mother does not adequately supervise T***** (age 4), whose autistic. Mother sleeps for hours during the day while Thomas runs around the home unattended.
Mother has a mental health history and has threatened suicide in the past. She goes on and off medication.

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scarfyrre
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Postby scarfyrre » Tue Jan 17, 2006 7:33 pm

As far as it being discriminatory, it would depend on what is exactly happening. If a parent is mentally ill and refuses to stay on medication and allows the child to run wild, then the call is warranted. If a parent has been stable for years and the child is well-cared for and supervised, but the sole reason for the report is bi-polar disorder, then it could be discriminatory.

They can't take a child away just because the parent is bi-polar. Mental illness is not a good reason to take a child unless the child is being harmed because of the mental illness.

I'm bi-polar but that has never affected my abilities to parent. I do stay on my medication and I have been stable for years, so thankfully CPS has never brought it up, but I've been waiting for it. I suggest you do a bit of googling to find support groups to help you. I don't have the sites, but I know I saw many groups dedicated to not only mental illness but bipolar disorder in itself.

I'm sorry, but I can't help with the lawyer. :( I'll try to find some of those sites for you, but do some googling as well. You know exactly what you need.

SilverFox
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Postby SilverFox » Tue Jan 17, 2006 8:22 pm

The report made to the hotline does not in any way violate your civil rights. You are not being discriminated against.

It is alleged in the report that you are guilty of "neglectful supervision" of your child.

Perhaps CPS has decided that the report was "founded" or that neglectful supervision is "indicated." In this event, you are in for an unpleasant ride, that will last perhaps 8 months on average, before CPS begins to say good things about you.

You will probably be given a service plan and coerced into siging it. You will be asked to see a CPS sponsored psychiatrist; take protective parenting classes (perhaps 12) conducted by a CPS psychiatrist who will report what you say in group therapy to CPS; and see your own psychiatrist and take medications for bi-polar disorder.

You can best serve yourself by seeing your own psychiatrist and asking him to write a positive report about you; asks friends and family to write short affidavits stating that you are a good parent, and have them notarized. Then submit these documents to a judge, should CPS file a lawsuit against you.

At this time in your case, it might be best to just cooperate with them, and wait for them to leave you alone--give it 8 months.

In the meantime, figure out who is reporting you to CPS. A doctor? A friend? Somebody knows your daily habits. Have you told a doctor? Are your neighbors enemies?

Finally, perhaps make plans to move from your state when this is over, as you'll be in the CPS database, and it will go bad for you if someone makes a 2nd report about you. CPS will act more aggressivly after a 2nd substantiated report.

--------------------------------
I disagree that ?If a parent is mentally ill and refuses to stay on medication and allows the child to run wild, then the call is warranted."

This is just the kind of attitude that empowers CPS to intrude upon our lives and meddle with our families. Who is to say what constitutes mental illness? Or letting a child "run wild."

CPS will, as most know here, simply take the report, and harrass the family reported, whether they are mentally ill or not.

Stop the abuse of civil rights in the USA!

MoodyCat
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Postby MoodyCat » Tue Jan 17, 2006 9:48 pm

I perhaps should have explained more carefully.

I am Bi-polar Type II, I finally received the official diagnoses nearly 3ys ago. I was hospitalized once involuntarily @ the age of 18 for an overdose of 7 pills instead of 3. I voluntarily went into the hospital 5 yrs ago to seek tx for what I thought were severe panick attacks and fear of leaving my home. That was when I found out I was pregnant, not crazy (the morning sickness wouldn't actually hit until I started moving around and such, and due to polycystic ovaries, it was not uncommon for me to go 6 months without menstrating.)

I refused medication while I was pregnant and remained stable. When my son was 18months I knew that things were not well with me and I sought treatment (was never hospitalized or did anything that would have required hospitalization, or comprimised my son's well being) I was diagnosed with a less severe form of Bi-polar, that doesn't always require medication. I was on medication for 2 & 1/2 yrs and was able to wean off them this past fall w/ my psychiatrists knowledge. I have a support network and b/c of the less severe form I'm able to know when I need medication without diving into a deep depression or manic states.

The CPS worker has stated that "unless something comes up, the complaint will be unfounded." I do not have a service plan and my son was never removed from my custody. The worker is coming for the announced visit next Thurs, and within a wk after that I should receive notice the complaint is unfounded.

It was a co-worker seeking retaliation that turned me in and she admitted to my son's father that she did it. Initially she stated that she called it in b/c she's an EMT and she's required by law, (My son's father, his girlfriend and I are all EMT's as well.) When he blew holes through her reasons she then admitted she lied. The other things that makes the complaint unwarranted, my son attends his program at school from 8am-4pm.

I just feel like, b/c I have a Bi-polar diagnoses that anyone can call in with anything they want, and all they have to do is make up a good story that goes w/ bi-polar and I have to suffer through this again.

As for the suggestion of moving out of state, I am sick and tired of hearing that from every other person that responds to any topics I start!!!!!!!!! I am not one to run away from my problems. I was born and raised here. All of my family is here. My life and my work is here. ALL of my SUPPORT SYSTEMS are here.

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Dazeemay
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Postby Dazeemay » Tue Jan 17, 2006 10:04 pm

http://forum.fightcps.com/viewtopic.php?t=1103

I don't know if you looked into guardianship. Read it carefully and often if you decide.

Parents often do guardianships in case they suddenly die or become ill, whatever. We protect our children in many ways and this should be one for all of those reasons and to protect them from going into foster care when being under the scrutiny of cps.

If I posted this to you before; sorry. It's late and I did not look up your profile to see if I did.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

SilverFox
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Postby SilverFox » Tue Jan 17, 2006 10:25 pm

Moody Cat, I take offense at your statement that you are angry I advised you to move out of state. You asked for advice. Don't look a gift horse in the mouth. It has nothing to do with running away from problems. You are talking to people on this board who know more about CPS than you do. So far, you have asked for advice, then slammed someone who gave it to you. Perhaps you are as you say, very moody. Perhaps this is why someone called CPS. I don't know. But I will say you are very rude. And very arrogant when you assume to know that CPS will not do to you what they have done to others here, without just cause.

momof3
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Location: Eastern Maryland

Postby momof3 » Tue Jan 17, 2006 10:29 pm

I think you need a lawyer!!! I am new at this nightmare, but from what I have researched it is a criminal offense to knowingly make a false report to CPS. I would think it would have to be!!! Sounds like this evil person has already admitted to it. File a lawsuit against her, or press charges, thats my opinion get a lawyer!! I live in Maryland I dont know how it is where you live but the CPS worker said a judge can order the name of the person making the complaint be released. Good Luck!!! Talk to your states attorney about what you can do and what the laws are regarding making a false report. I dont think she went after your disibility. I just think she had bad intentions for some reason and just used that for her ammunition. Definitely do the guardianship.. I have learned so much this week and am working on it now. I never realized how easy it would be to lose my children, and hope it doesnt ever happen, but I know foster care will not get them.

MoodyCat
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Re: Hotline Report Arrived - Possible Discrimination?

Postby MoodyCat » Tue Jan 17, 2006 10:34 pm

MoodyCat wrote: Please let me know if you feel like what was reported is discrimination against me b/c I'm bi-polar.

If anyone has any info on good attorneys in my area Elmira, Ithaca, Syracuse, Rochester (NY) that will work with me it would be helpful.


I don't see anywhere in that quote or in my original post on this topic where I asked for general advice, or advice on what I should do.

I'll leave it at that.

SilverFox
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Joined: Sat Sep 24, 2005 10:07 am

Postby SilverFox » Tue Jan 17, 2006 10:47 pm

Moody, you asked for advice. It is implied in your question about discrimination. You asked if you were being discriminated against. The answer was no. The question was if you were being discriminated against by CPS. The answer was yes, you will be, because you are BI-Polar. You will be discriminated against by CPS. But you were not discriminated against by the person who made the report, who merely stated a fact.

But I'll leave it at that. I am not bi-polar and only know what I read. I don't want to fight with bi-polar folks.

MoodyCat
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Joined: Sat Dec 31, 2005 4:14 pm

Postby MoodyCat » Tue Jan 17, 2006 11:13 pm

momof3, I am working on getting an attorney, and I just finished filling out the guardianship form and will have it notorized by the time my son comes home from school.

If you go on the NYS child abuse website FAQ, they tell you that it is a criminal offense (class A misdemeanor) and to contact your County's DA office (same as state's Attorney I think...) for more info. I did what I was told by the website and called the DA's office. The secretary went dumb...., "Ummm I've never heard of anything like that before, let me check it out..............." 5 mins later, "Yeh, we don't handle anything like that." So I read to her exactly word for word what the state website said, and she again says, "We don't handle anything like that, you need to contact local law enforcement."

After that I called an aquaintance that is a criminal attorney and works PT for the DA's office. He said that

1) nothing can be done until after the complaint is unfounded and if I call law enforcement right now they will tell me that they can't do anything until the complaint is unfounded. And

2)It would be very unlikely for anything to be done to her criminally b/c the way the law is written she would have to call the abuse reporting hotline back and confess to them that she lied about the complaint.

So lastly I asked a Sheriff's deputy off the record and his response, as noted in my 1st post on the thread, "nothing criminal will be done against the woman who filed the complaint (& admitted to my son's father last week that she did it and did it knowing it was false,) without CPS insisting on her being charged. He also said CPS won't do that b/c it takes the anonymity out of it, and they don't want to ruin that b/c then no one will call in. "

At this point it doesn't appear I can file any criminal charges against her, it will all have to be civil.

momof3
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Location: Eastern Maryland

Postby momof3 » Tue Jan 17, 2006 11:20 pm

That burns me, that there are laws but no one wants to enforce them!!! It wouldnt hurt to go file a criminal complaint at the courthouse. All the states attorney can do when he gets it in his hands is say its unfounded. Dont give up!!! I hope you find a good lawyer. People need to be stopped from knowingly making false reports just to hurt someone.

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scarfyrre
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Postby scarfyrre » Wed Jan 18, 2006 5:24 am

SilverFox wrote:I disagree that ?If a parent is mentally ill and refuses to stay on medication and allows the child to run wild, then the call is warranted."

This is just the kind of attitude that empowers CPS to intrude upon our lives and meddle with our families. Who is to say what constitutes mental illness? Or letting a child "run wild."

CPS will, as most know here, simply take the report, and harrass the family reported, whether they are mentally ill or not.

Stop the abuse of civil rights in the USA!


Firstly, don't even try to accuse me of having an attitude to 'empower CPS to intrude upon our lives and meddle with our families'.

Secondly, I have a mental illness and it just so happens to be bipolar disorder, so I know what it's like. It's a horrible disease and I wouldn't even wish it on my biggest enemy.

Who's to say what is mental illness? Uh, docotors, that's who. Who's to say what is running wild? Pretty much anyone that sees a toddler running around a neighborhood without supervision.

MoodyCat says she's bipolar but has it under control. In my post I wasn't saying the report was correct, but rather saying if this is what is happening, then there's a problem. If not, then here's what to do. All said in the general sense and not directed to her personally.

Guess what, Silverfox! I just didn't find this board to join for giggles. I'm going through a CPS hell myself, so to even insinuate I think what they do is right is just plain mean. I also happen to be bipolar, so I can sympathize with MoodyCat, and I just might know what I'm talking about with the illness.

I think in my post I covered what may or may not be discrimination for mental illness. Obviously she tells us the rest of the story later and it's someone she knows being cruel.

She has every right to take offense at what anyone says to her, warranted or not. Just like you do.

Now, can we stop fighting about how was more rude and get back to the subject at hand, please? The board is FightCPS, not FightAmongOurselves..

MoodyCat, this is just what I'd do, but I'd confront that woman and ask her if she realizes the damage she could do to your child by calling in fake reports. Print off a few stories from parents like us and show them to her. Tell her she's not only hurting the adult, who can take it, but an innocent child who won't understand.

Tell her what it's like for a child to be thrown into foster care in a very rough part of town (he's grown up in the suburubs), what it's like to be the only child like him in a neighborhood where one can get shot just for a funny look. Tell her that children are getting beaten by these bastard foster parents because they're white, which they love to tell these babies since it's extra cruel. Tell her what it's like for the child to see his monther once a week for an hour for six months, and his father not at all. That's just a tiny part my less cruel story, but maybe she needs to know that and others before she opens her big, fat mouth with an unfounded report. Tell her sh*t-for-brains self that when she calls CPS, the child is punished not the adults.

MoodyCat, I hope you get to stay stable off meds. I'm sick of taking pills, but even lowering a dose of one of them has just killed my years of stablity. Now I have to go back up and add yet another drug. Sigh. The pregnancy thing is totally normal for bipolar people. For some reason the horomones keep us stable. Best I had felt in my life even if I was thowing up every ten minutes or when someone said 'Taco Bell!...stupid friends.

Good luck, MoodyCat. If you need an ear, let me know.

MoodyCat
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Postby MoodyCat » Thu Jan 19, 2006 6:13 am

scarfyrre,

You are so right on the pregnancy thing. I felt better than I had in 9-10 yrs. Even though I had a wide range of mood swings, I didn't stay in them for very long and they weren't severe depression or severe hypermania. It was awsome to feel that "normal" again.

On to the coworker that is retaliating, I don't think any example or stories will work in this situation. This past summer she was suspended for her actions on a call and when she received word of her suspension she got into an argument and near fist fight. The president tried to step in and stop the fight from occuring and he placed his hand on her arm. He did not cause injury and did not do it forcefully.

6 hours later after asking friends/sheriff's deputies what she should do, she decided to report that the president assualted her. The Sheriff's dept investigated and called the president and witnesses in for questioning and to make statements. The allegation was unfounded and the complaint was dropped.

But that just shows that this woman will stop at nothing and cares about no one. She has also reported atleast one other person to CPS months before she called me in (the complaints were unfounded.)

She is a very sick/unhealthy individual. I suppose that is why I'm so upset, b/c she won't stop.

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scarfyrre
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Postby scarfyrre » Thu Jan 19, 2006 7:53 am

If you're afraid she won't stop, inform her of the penalities of harassment. Let her know if she doesn't step back, you will be forced to allow a court of law to deal with her, as well as her superiors at work. Make sure she knows you know the law and that you're not afraid of her petty, childish, cowardly acts toward you and your child. I'd also inform her that by calling CPS with a false claim, because they are so inept, she will be harming the child 100 times more than she thinks she's harming you.

That or a good baseball bat might help. :)

Ok, I joke about the bat, but get right in her face and tell her under no uncertain terms that if she dares to cause your child untold amounts of physical and mental anguish by making false reports, you will be dealing with it in every way you know.

Yes, you're bipolar, but by God that is no reason for that wench to report you or to inflict harm purposely on a special child. Grrr, makes me what to whap her upside the head.

nooknerd
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Issues...

Postby nooknerd » Sat Jan 28, 2006 5:56 pm

Sounds like this co-worker of yours has some "issues" herself. Like anger? Sometimes people, when they reach a certain age, or see someone do something (your autistic child, perhaps?) it triggers bad memories for them. Was she abused as a child? Were her parent(s) bi-polar, and now she is acting out toward you?

Another thing, how exactly did she find out you were bi-polar, and when? These facts might help a civil case. Once she found out that you were bi-polar, she went after you sounds about right.

Maybe she is bi-polar and doesn't either know it or is off HER meds. Personally, it sounds like you should take this case to your boss. See if you can make out a formal complaint against her for harrassment--anything -- just so it's the truth. They are required by law, if she has repeated this behavior and been proven unfounded-- something clearly overt--- to require her to seek treatment. If she refuses, she can either be suspended until she seeks treatment, (i.e., a danger to her co-workers) or in some instances she can be outright terminiated. It depends upon the wording of her contract/state employment laws.

Nevertheless, it helps to alert your superiors as to her behavior and deeds. They may even go to bat for you as to character and job perfomance! Plus, you never know what else is in her record, and your information just might be the final straw for your employers. I literally saw this happen where I work. The offending person was severly reprimanded, and the one who went to the higher ups had not known there were similar complaints against him. Viola! He was gone within days. I've heard through someone in our union that they don't want to touch his case with a ten foot pole because he's got so much against him.

Also, did anyone pick up on her being an EMT? To a court that would be a significant plus for you. If you're in a union its even better! Here you are, a 'past suicide risk' and yet you handle drugs for those in distress every day?!! It's also imperitive for your cool to be kept at all times, as anyone knows in an EM. sit. Either your records have been expunged or your company clearly thinks you are not a danger to anyone, including yourself, when they hired you. If I had 'attempted suicide' as they put it, then applied for my job I would have been told no way, no matter how long ago it happened.

Fight for your rights the right way. Use their "logic" against them. They want to besmirch your character? Fight 'em with how full of character you ARE!


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