Letter When Indited?
Moderators: family_man, LindaJM
Letter When Indited?
I was reading in someone else's post that you are suppose to recieve a letter when you are indited for child abuse/neglect? Is this true? I am only asking because I have never recieved this letter.
Rachel
Rachel
Here are links to the Oklahoma CPS Policy Manual that might be helpful in answering your question.
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SUBCHAPTER 3. CHILD PROTECTIVE SERVICES
Revised 5-11-06
http://www.policy.okdhs.org/ch75/Chapter_75-3/
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340:75-3-10.2. Findings for Child Protective Services investigations
Revised 5-11-06
http://www.policy.okdhs.org/ch75/Chapter_75-3/
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340:75-3-13. Completion of the investigation or assessment process
Revised 5-11-06
(a) Closure with the PRFC or family.
http://www.policy.okdhs.org/ch75/Chapter_75-3/
- - - - - - -
- - - - - - - -
SUBCHAPTER 3. CHILD PROTECTIVE SERVICES
Revised 5-11-06
http://www.policy.okdhs.org/ch75/Chapter_75-3/
- - - - - -
340:75-3-10.2. Findings for Child Protective Services investigations
Revised 5-11-06
http://www.policy.okdhs.org/ch75/Chapter_75-3/
- - - - - -
340:75-3-13. Completion of the investigation or assessment process
Revised 5-11-06
(a) Closure with the PRFC or family.
http://www.policy.okdhs.org/ch75/Chapter_75-3/
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Yes, you are supposed to recieve notification, because that's the only way that you would know that you need to appeal the decision.
I have always gotten letters from when a case is opened, their findings (whether it be indicated, founded, or unfounded), and then a case closing letter.
I have always gotten letters from when a case is opened, their findings (whether it be indicated, founded, or unfounded), and then a case closing letter.
wrongly accused mom of 7 great kids
"never give up"
"never give up"
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I never gotten letters either from I believe 4 Cases, but I think I received only 2 letters for 2 Cases. Total 6 Cases for 6 Years.
Unbelievable. Either they are lazy to write letters, or don't want me to know what they are up to. Or they don't have proof from all of this crap.
Unbelievable. Either they are lazy to write letters, or don't want me to know what they are up to. Or they don't have proof from all of this crap.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
Many states fail to send out "Notice Of Action"
letters, which in the case of these decisions
are slightly different than other situations
that call for Notice Of Action letters.
Yes, they are supposed to explain to you the
appeal process available to you.
That they FAILED to do so simply means
that the time clock for statute of limitations
did not start until you found out about
the marks AND got the notice of your right
to appeal them.
It's usually a VERY short statute of limitations,
ranging from 30 days to 90 days to 6 months.
We turned in our appeal on time "TIMELY"
and the agency sent us a letter saying that
indeed it was timely, and ours was added
to a considerable backlog work stack.
After not seeing any more on this for over
a YEAR, we complained. Then they started
to do something and sent us a letter giving
us only 10 days to add more information.
I complained that it was stupid that the
state could drag their feet so LONG and then
act like we were supposed to be johnny
on the spot with further information.
Federal regulations say that you don't
have to accept this hearing being done
over the telephone. We said right
up front in writing that we wanted it
in person and NOT telephonically.
Federal standards also require transcriptionist etc.
They did it telephonically, with no transcriptionist.
The ALJ put it off until after the Judicial
process is over. I objected that the Judicial
process apparently will never be over,
that it has dragged on for YEARS and
likely will drag on more years.
I objected that it was even MORE rediculous
that MY hearing would be put off when I was
not allowed to be a PARTY to the judicial process!
Why would MY registry mark hearing be
held up by a legal process I was not even
allowed to be a party to?
I also objected to the fact that this
admin registry hearing process is NOT
supposed to be just a rubber stamp
for the judicial process wither. They are
supposed to be able to proceed without
regard to the Juvenile Court garbage.
So for us, that process is now in limbo.
We're OK with that, for now.
I wonder how the Federal Judge will like that part!
"Notice Of Action" letters as they are called
are sent for a few other decisions beside
the registry, I think.
I had heard that several states were operating
so far out of compliance that they were not
sending out Notice Of Action letters.
letters, which in the case of these decisions
are slightly different than other situations
that call for Notice Of Action letters.
Yes, they are supposed to explain to you the
appeal process available to you.
That they FAILED to do so simply means
that the time clock for statute of limitations
did not start until you found out about
the marks AND got the notice of your right
to appeal them.
It's usually a VERY short statute of limitations,
ranging from 30 days to 90 days to 6 months.
We turned in our appeal on time "TIMELY"
and the agency sent us a letter saying that
indeed it was timely, and ours was added
to a considerable backlog work stack.
After not seeing any more on this for over
a YEAR, we complained. Then they started
to do something and sent us a letter giving
us only 10 days to add more information.
I complained that it was stupid that the
state could drag their feet so LONG and then
act like we were supposed to be johnny
on the spot with further information.
Federal regulations say that you don't
have to accept this hearing being done
over the telephone. We said right
up front in writing that we wanted it
in person and NOT telephonically.
Federal standards also require transcriptionist etc.
They did it telephonically, with no transcriptionist.
The ALJ put it off until after the Judicial
process is over. I objected that the Judicial
process apparently will never be over,
that it has dragged on for YEARS and
likely will drag on more years.
I objected that it was even MORE rediculous
that MY hearing would be put off when I was
not allowed to be a PARTY to the judicial process!
Why would MY registry mark hearing be
held up by a legal process I was not even
allowed to be a party to?
I also objected to the fact that this
admin registry hearing process is NOT
supposed to be just a rubber stamp
for the judicial process wither. They are
supposed to be able to proceed without
regard to the Juvenile Court garbage.
So for us, that process is now in limbo.
We're OK with that, for now.
I wonder how the Federal Judge will like that part!
"Notice Of Action" letters as they are called
are sent for a few other decisions beside
the registry, I think.
I had heard that several states were operating
so far out of compliance that they were not
sending out Notice Of Action letters.
Here is an explanation of what "indicated" means, in Federal definitions.
HHS
Chapter 2
Reports
Child Maltreatment 2004
http://www.acf.hhs.gov/programs/cb/pubs ... tertwo.htm
The major NCANDS disposition categories are described below.
Indicated: An investigation disposition that concludes that maltreatment could not be substantiated under State law or policy, but there was reason to suspect that the child may have been maltreated or was at risk of maltreatment. This is applicable only to States that distinguish between substantiated and indicated dispositions.
Substantiated: A type of investigation disposition that concludes that the allegation of maltreatment or risk of maltreatment was supported or founded by State law or State policy.
Unsubstantiated: A type of investigation disposition that determines that there was not sufficient evidence under State law to conclude or suspect that the child was maltreated or at risk of being maltreated.
HHS
Chapter 2
Reports
Child Maltreatment 2004
http://www.acf.hhs.gov/programs/cb/pubs ... tertwo.htm
The major NCANDS disposition categories are described below.
Indicated: An investigation disposition that concludes that maltreatment could not be substantiated under State law or policy, but there was reason to suspect that the child may have been maltreated or was at risk of maltreatment. This is applicable only to States that distinguish between substantiated and indicated dispositions.
Substantiated: A type of investigation disposition that concludes that the allegation of maltreatment or risk of maltreatment was supported or founded by State law or State policy.
Unsubstantiated: A type of investigation disposition that determines that there was not sufficient evidence under State law to conclude or suspect that the child was maltreated or at risk of being maltreated.
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