What right does CPS have ?

[Susan9]

If a complaint is filed against a person for domestic violence also 2 years ago, and then thrown out at a hearing in criminal court, and the person who the complaint was made against was issued an order of protection against the other person.

What right was CPS have coming and investigating this complaint now , and then indicating the case. Their "facts" are all screwed up but they refuse to listen.

No report was made before to CPS at that time,also 2 years ago the complaint to the hotline was made recently now is in retalition ? Also child was not even in the home at that time it was visiting a friend.

My question is how can they(CPS) indicate something that a court of law said is not so ?

[florida999]

because the cps standards of guilt and criminal standards are not the same. the truth is MOST cps cases that are indicated by them no criminal charges are ever made because there is not enough evidence to convict in criminal court.

[Anonymous]

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[Susan9]

I believe they bolster their cases by showing its a pattern....


So because there was a domestic problem 2 years ago and another one now it someohow proves to them there is an ongoing issue.

Just like they will say 3 previous false reports shows there is something going on.

Its not right, or rational but they definitely take all these little things & weave them to make their case look bigger than it really is.

There is no pattern, that was the one and only time a complaint was made and thrown out. THis report to CPS was about this same complaint.

[Anonymous]

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[florida999]

what cps gets is a call to the hotline saying d.v. (even if thier is not police involved) they look at your history and see that thier has been d.v. in the past and there you have your pattern.

[Susan9]

LOL, I know that. We all know that, its just the sneaky way that CPS plays games.

The sad thing is why they play games with families who are being falsely accused.
Children who really need their help are being abused and neglected.

[childadvocate]

If you file an appeal it will most likely be overturned. I have a case where the CW indicated the Substantial Risk of Physical injury and the children were not even there. It was overturned in Nashville under appeal.

When you appeal, don't just send the forms, send police reports, copies of orders of protections, and a summary stating the reason the indication should be overturned.

[Marina]

Are you talking about an administrative appeal within CPS or a court appeal? Also, does a parent need a lawyer for an administrative appeal?

[Susan9]

If you file an appeal it will most likely be overturned. I have a case where the CW indicated the Substantial Risk of Physical injury and the children were not even there. It was overturned in Nashville under appeal.

When you appeal, don't just send the forms, send police reports, copies of orders of protections, and a summary stating the reason the indication should be overturned.

He has done that how long does it take for them to set that up ?

[childadvocate]

You don't need an attorney for an administrative appeal. Do present all the info I mentioned above and more in copy form when you send in your administrative appeal.

I'm not sure on how much time it takes. I do know TOO LONG. I've had a couple of appeals in the past year and have heard nothing. The only "result" I've ever seen was an appeal that took over a year. I do know that Nashville is backed up with appeals BIG TIME. I'm not sure with other states. I believe you are suppose to hear Something back within three weeks?