Need help with CPS Court Case in SC!!

[DadOTenAngels]

Does anyone have any information on:

What constitutes a "competent witness" in the eyes of Family Court regarding a case of alleged child abuse?

Also, it is my understanding that in civil cases such as this, there must be an "injured party"... How does the "state" qualify as an "injured party" to have "standing" in such a case??

Is anyone familiar with any cases of alleged child abuse (corporal punishment related, not sexual) that have been dismissed or had judgments declared void after the fact due to the lack of a "competent witness" or "lack of subject matter jurisdiction" or other grounds??

Also, any information on what is supposed to happen when a case is referred from one state to another for followup? How is jurisdiction established/maintained/broken in those instances??

Any and all help is appreciated!!

[florida999]

a cps case is not a civil case, it is a dependency case. laws for civil cases are not the same as dependency. youll learn going through this process, they dont need ANY evidence.

[DadOTenAngels]

Hi Florida999,

Thanks, but your statement really offers no hope or usable information. Family Court has to be formed under SOME semblance of Due Process or it's unconstitutional. If the judgments that are handed out by their judges are to hold water, then they must be constructed within the realm of common law jurisprudence.

The SC DSS is formed under certain sections of the SC State Statutes which I've researched. So, are you telling me they have their own separate body of law with their own procedures that can completely abrogate my rights to due process?

I can understand that a lot of people simply don't know what their rights are or how to invoke them under the law, but surely these "Family Courts" must have to operate within some criteria written somewhere in order for them to have "jurisdiction"... ???

Thanks again for the comment Florida999, but do you have any usable information to point me in the right direction? Please don't just tell me all is in vain and then leave or else what is the purpose of having this forum if we cannot get and give solid information?

I'm new here, this was my first post...but I can clearly see the name of this forum is FIGHT CPS.... If what you say is true, then the forum should be renamed "The Futility of FIGHTING CPS" accordingly...

[florida999]

first off, I was only answering your question about civil laws and cps, stating that they dont apply. anyone on this board can tell you that the law does not protect you when it comes to cps. due process is nonexistant. the fact is, in a cps case, they dont have to prove your guilty, you basically have to prove you innocent. is there hope???? yes, you can beat these people.....but they key to beating them is to head them off at the pass. cps is supposed to be governed by laws, but they skirt around them, and only when the judges start to call them on it are the so called laws going to help us. you have to disprove their allegations one by one. what were the allegations against you? please dont misunderstand my statement, Im not saying this is the way it is legally supposed to be, of course its not. but for now, this is the way it is.

[florida999]

heres an example:


they say you are an alcoholic, you're in need of treatment.

you would think They would need some concrete proof of the statement. however a comment from you child that "daddy had a beer last night" would be enough for them to make the claim.

you however would have to prove the allegation is false, with things like a driving record with no dui, perhaps random testing, ect.

[Dazeemay]

The SC DSS is formed under certain sections of the SC State Statutes which I've researched. So, are you telling me they have their own separate body of law with their own procedures that can completely abrogate my rights to due process?

That is right; they are an entity unto themselves.

Family Court has to be formed under SOME semblance of Due Process or it's unconstitutional

It is unconstitutional and no one cares that they are stripping us of our constitutional rights. Polititcians are afraid of them and won't deal with the fact that they are breaking the federal law. If it had not been for an honest judge in our case our granddaughter would not be home today.

You have to learn what your constitutional and parental rights are and we have many of them listed on this forum.

You must learn how to file a declaration of facts before your first hearing. You must see that this is filed because your lawyer will not do it for you.

If you haven't had a first hearing then you need to know how to write a letter to them stating your parental rights.

Give more detail so we can help you. It is not futile, but is a long gruelling process in many cases if one does not know how to nip it in the bud in the beginning.

Also many times it depends on your judge and how honest s/he are!

[DadOTenAngels]

South Carolina State Constition (http://www.scstatehouse.net/scconstitution/a01.htm):

PREAMBLE

CONSTITUTION OF THE STATE OF SOUTH CAROLINA

We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.

ARTICLE 1 (DECLARATION OF RIGHTS), SECTION 3.
Privileges and immunities; due process; equal protection of laws.

The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

SECTION 10. Searches and seizures; invasions of privacy.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.

SECTION 14. Trial by jury; witnesses; defense.

The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; (emphasis added by me) to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both.



The bottom line is, unless someone proves to me otherwise, that if you are charged with an offense, you have a constitutional (and I'm only quoting the SC STATE constitution here) right to have competent witness testify against you. If they can't provide a competent witness (I use the word "competent" because of precedent found abundantly in established law) to testify against you to FACTS, THERE IS NO CASE....period! Without a competent witness testifying to FACTS against you, the court lacks "Subject Matter Jurisdiction" and even though they may rule against you and the court may issue an order, it is VOID ON ITS FACE and may be challenged directly or collaterally in a court of competent juridiction. Furthermore, their is no statute of limitations on attacking a judgment that is made without Subject Matter Juridiction, meaning you can contest it ANY TIME after it was entered.

What I think happens is the corrupt court system, in concert with the DSS and their policies of family terrorism, relies on the fact that the common people are ignorant of the law and their rights which allows them to steam-roll innocent people. The forces of intimidation and coercion can go a LONG WAY when mixed with lack of knowledge.

[florida999]

dad, the sad fact is 99% of people that have lost thier children to cps have never been charged with any crime. I agree that most people do not know thier rights when it comes to cps. they dont start realizing it until after their children have been taken and most of the time its too late by then. you have to know ehat to do the minute they show up at your door.

[florida999]

what exactly are they accusing you of?

[DadOTenAngels]

I've already had my first hearing, but it hasn't been 30 days since they filed their complaint. I have a court date set for Oct 30th, so I am trying very quickly to rebut their claims on record.

Are their any resources available to show me how to do that effectively?

I'm going to my local SC Law Library today to do some research, but if anyone here has any procedural information on how to get a solid start, that would be great.

I really don't wish to waste time debating the issues and I don't mean to be offensive in any way. We all know this is a corrupt system, but I believe we can beat them at their own game. I want FACTS...not desperate hoplessness. I will NOT allow these criminals to treat me like one of THEM...at least not without a fight. I have a family to protect and provide for.

Thanks!

[florida999]

you havent told us what they are accusing you of. we dont thing you are being offensive at all. I had the same attitude when my children were first taken I researched every case law record I could find, but none of that helped get my children back.

[DadOTenAngels]

I am charged with physical abuse of my minor child from excessive corporal punishment. It was "founded" because my child did have bruises. So, according to their "definition" of things, that makes me a "child abuser". However, I do not believe that a one-time instance of using excessive force, causing only temporary "disfigurement" makes me a "child abuser"... Perhaps there are those out there who do.

After the initial investigation, they sent me a "Determination Fact Sheet" which clearly stated the investigation was now COMPLETE (January 11th, 2006) and they were NOT going to refer the case to Family Court and that I had 30 days to dispute the case internally with DSS. I did not respond, believing that all I had to do was fulfill their requirements for parenting/anger management classes. I complied with everything they asked, completing two classes.

They sent a "treatment coordinator" to our home who gave me information about the classes I had to attend. During this phase, they discovered we were also homeschooling our children. Once they found that out, a new CW was assigned and they returned next month and said they now needed to do a full evaluation on ALL of my children, not just the affected child, stating the previous CW should have done it. This new revelation and requirement occurred mysteriously after they had discovered that we are homeschoolers. Then, they also tacked on a requirement that we must have the affected child subjected to a Mental Health Eval... We also complied with THAT arguing that they had been fully able to evaluate him on their own and could clearly see he was a perfectly normal, strong-willed 5 year old boy, but after much complaint from me and under threat of having the child removed, we very reluctantly complied as we did not feel we had any choice in the matter.

Then, after the mental health eval was done, I had completed my prescribed classes successfully, they said they had to continue monthly in-home visits until a final hearing could be schedule to "wrap things up"... About 4 more months went by and we kept asking them when a hearing had been scheduled. Finally, in August, I demanded proof that a hearing truly had been requested after the CW contradicted herself upon my questioning about when/if any such request had in fact been made. I should have caught on, but they are SO SUBTLE. In late August, we got a NOTICE OF HEARING, it said they now wanted to have my name added to the Central Registry of Child Abusers in SC!!!!

Now, back in JANUARY, they said the investigation was COMPLETE. They also said they were NOT bringing the case before the Family Court and I had 30 days to contest their "indications". Here is the verbatim text from the cover of the "Determination Fact Sheet"

-------------------------------------------------------------------------------------
INDICATED CHILD PROTECTIVE SERVICES INVESTIGATIONS NOT BEING BROUGHT BEFORE FAMILY COURT AND NOTICE OF YOUR RIGHT TO APPEAL THE DEPARTMENT'S FINDINGS

With this notice, you have received a DSS Determination Fact Sheet that contains specific information about the South Carolina Department of Social Services' child protective services investigation involving you. The investigation has been completed and the case has been indicated for the abuse and/or neglect of the child or children named on the fact sheet. This means that the department has determined that more likely than not you caused harm to a child, allowed a child to be harmed or caused a child to be placed at significant risk of harm. The department's internal case files and data system will contain a record of the investigation and the case decision.

DSS must bring to Family Court cases in which custody of a child is in question or cases in which a Central Registry entry is sought. DSS has discretion to decide when safety of a child or risk to a child requires the delivery of in-home treatment services and Family Court oversight is necessary.

An appeals process is provided for you to challenge the agency's decision to indicate the case. If you wish to appeal this decision, you must notify the Department of Social Services in writing within 30 days of receiving the enclosed notice.
-------------------------------------------------------------------------------------

This notice was signed by the initial investigator and a supervisor.

How in the world can they say in January the investigation is COMPLETE and they are NOT taking the case to the Family Court and I have 30 days to contest. Then, after my 30 days are expired to appeal their decision (which I did not), they CONTINUE the investigation, tacking on more requirements, finally ending up with a new notice saying they ARE taking the issue to Family Court??? How is this LEGAL???

[Dazeemay]

Dad we posted at the same time and perhaps you did not get what I posted.

First of all do you have a lawyer?

You need to do a declaration of facts for your next hearing. Now sometimes a lawyer will not let you do this. Court appointed won't do it because s/he are lazy and they are usually lawyers just out of law school and are getting their feet wet. You also need to do an Ojection Corrections form along with this.

http://forum.fightcps.com/viewforum.php?f=9 The forms are listed on this page.

This next link is very important. This gentleman gives you key things to use in your hearings.

http://forum.fightcps.com/viewtopic.php?t=4285

One thing we have all learned is the fact that you must not appear arrogant in the court room. You must not yell or show that you are getting mad. This will work against you in a great way.

You can swear and get mad away from them. Believe me I learned that the hard way, so I am not just talking I experieneced it. They will make you mad, but don't give into it.

[DadOTenAngels]

Thanks Dazeemay,

That's what I need....solid "how to info". I'll check it out.

I also have something that I think many folks may find useful. Has anyone ever heard of Richard Cornforth? I have three of his "Secrets of the Legal Industry" videos on my computer which I find very helpful in understanding where to look for weaknesses in actions against you and how to attack (or prevent) judgments against you which are VOID on their face due to lack of due process.

I will only share them privately since they are copyrighted materials. PM me if anyone is interested.

[DadOTenAngels]

Yes, totally understand and agree about keeping "cool" in the court room. It would only harm you and prove the other side's case before the court.

[Dazeemay]

http://www.childwelfare.gov/can/index.cfm This is a link to the federal and state guidelines on corporal punishment.

http://www.homeschoolingislegal.info/ This might give you some insight. It has to do with questioning whether one needs HSLDA. Sounds as if they believe one can fight this alone and how to do it.

As you can see our lack of knowledge puts us in their clutches. If you can do a power of attorney which only lasts 90 days in some states and then redo it again for another 90 days to six months this will perhaps keep them from taking your children. This is a form of guardianship so they cannot take the children. It has worked for some on the site. However, a judge may order that the guardians have a home study done or s/he may just over rule the poa.

You will have to find someone who will take all of your children or split them up with guardians. I think I am reading your name right in thinking you have 10 children. I would alternate if you did a split. The guardians who have the first five for ninety days then would switch with the guardians who have the second five. You need to find the laws for your state on power of attorney. Power of attorney is often used by people for emergency cases.

It is best to do guardians who do not have children under 21 years of age. They have been known to take children at 16,17, 18.
Foster children age out of system at age 21.

If you do this just casually let cps know that you are confering with the children's guardians in regards to this situation so that they will know what to expect. Sometimes they will just drop the case altogether because they have nothing to come at the guardians with and that opens up a new can of worms for them.

Do not let them know it is a poa!!

They want guardianship because of the federal monies they will get. Here is a couple of links to temp guardianship

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

http://forum.fightcps.com/viewforum.php ... cfb55c782c

[florida999]

have your children actually been removed? cps is well known to go after home schoolers. did you COMPLETE the anger man./parenting classes? you need to start researching homeschooling laws in your state. perhaps marina will see this thread and be able to get you some case law, shes great at that. Hopefully you have an attorney, the court should have appointed one for you if your children have been removed. I assume you signed a case plan, if you did you kinda stuck having to do what they say in it.

[florida999]

also, have you been criminally charged?

[Momoffor]

Your rights in the state constitution and otherwise, will only apply for criminal charges. Not that it was intended that way, but because CPS has its own governing body. Sounds like they went through their route, (and hate to break the news to you, but once that was founded, you were already IN the registry. It clearly states in the notice that registry entries go to family court. All they are going to say is that it was a typo to insert that they would not be seeking family court.
(During my appeals process my lawyer brought up the fact that I was being charged with founded neglect for a code of VA that didnt even exist anymore. The investigator giggled, said she just copied and pasted stuff and on the spot during the appeal hearing and changed it to something else)

That is the other point I want to bring up. The letter that you got was informing you that the investigation was closed. Which means that an ongoing case was opened on you and your family. That is what court is about. They will hide behind the loophole that the investigative side decided not to pursue you in court, yet the ongoing worker deemed it was needed. Or just go with the whole typo thing. (You know how overstressed, overworked, and overpaid they are so the judge should understand./barf)

Welcome to the rat race and the funny farm. Now start jumping through the loops.

[Marina]

Child Welfare Information Gateway has a section on the Civil court process:

Working With the Courts in Child Protection

http://www.childwelfare.gov/pubs/userma ... ourtsd.cfm

Chapter 3
Overview Of The Civil Child Protective Court Process

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Here is the federal law which says that workers must protect the legal rights of children and families:

U.S. Code
TITLE 42 > CHAPTER 67 > SUBCHAPTER I > § 5106

§ 5106. Grants to States and public or private agencies and organizations

(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;

[DadOTenAngels]

No, I have not been charged with a crime and yes, we complied with all their demands fully, both to attend parenting/anger managment classes and (against my protests) having my son submitted to a mental evaluation. Yes, I think we signed the treatment plan form.

At this point, they are not seeking removal of our child or children, but the way this is going, if the wind blows the wrong way, they could simply amend their petition and stick that in anytime they felt like it...they seem to have incredible leverage and discretion in these matters. These people obviously have WAY too much power at their disposal.

There is no typo on the Determination Fact Sheet. It is in bold all caps print and clearly says "....INVESTIGATIONS NOT BEING BROUGHT BEFORE FAMILY COURT". What's really dirty here is that you have 30 days to contest the deparment's determination, but in researching the annotated statutes today at the local library, I discovered that the court is obligated to reach the same decision as the department if you fail to contest the deparment's original decision. My decision NOT to contest was predicated on the fact that their official NOTICE stipulated this issue was NOT being brought to Family Court and specifically said that if a Central Registry was sought, the DSS MUST do that. The doctrine of the "reasonable man" has to apply here. A "reasonable man" reading this official notice could ONLY reach one conclusion.

I have looked at their Central Registry of Child Abusers and there are several classifications of information encoded in their system. Yes, you are right that I am already IN their system, but a Central Registry entry is different than "unfounded" and regular "founded" case entries in that the information can also be released to certain prospective employers unders certain conditions.

The language which is used in the complaint to justify seeking a Central Registry entry is pursuant to SC Code Ann § 20-70-650(K) (Sup. 1996) (amended 1997) and reads as follows:

"the nature and circumstances of the abuse indicate the defendent would present a significant risk of committing abuse willfully or reckless neglect if the defendent was in a position or setting outside the defendant's home that involves care or substantial contact with children."

That is a complete and utter load of horse hookey...plain and simple.

[Marina]

State Statutes Search Results -- SC
Online Resources for State Child Welfare Law and Policy

http://www.childwelfare.gov/systemwide/ ... esults.cfm

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Appeals: Courts vs. agency

Your Client Has Been Indicated For Child Abuse - Now What
By Judy L. Hogan


http://www.dcba.org/brief/decissue/2000/art51200.htm

"So, how do you "defend" a client who has been "indicated" by the Department of Child and Family Services ("DCFS") for child abuse or neglect? First and foremost, distinguish between DCFS "indicating" your client for abuse or neglect and the state’s attorney’s office filing a petition in juvenile court or pursuing criminal charges against your client. These are three separate processes with three separate outcomes, all requiring different burdens of proof and all applying different laws."

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Central registry/reporting records expungement
State Statutes Series 2003
Author(s): Child Welfare Information Gateway

Year Published: 2003


Current through July 2003

http://childwelfare.gov/systemwide/laws ... aining.cfm


"You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.

Approximately1 41 States, the District of Columbia, and the U.S. Territories of American Samoa, Guam, and Puerto Rico have statutes authorizing the establishment of a statewide central registry. A central registry is a centralized database or listing of child maltreatment records. Several States only mandate by law that agencies, usually public social service agencies, collect and maintain child abuse and neglect records.

Approximately 37 States, the District of Columbia, American Samoa, and Guam have statutes providing for the expungement of department and central registry records. The term expungement refers to the procedures used by States to maintain and update their central registries and record keeping by removing old or inaccurate records.

Classification of Reports

Child abuse records are classified in a variety of ways. Terms such as "unfounded," "not indicated," "unconfirmed," and "unsubstantiated" are used to describe situations in which there has been no determination of abuse or neglect. Terms such as "founded," "indicated," "suspected," and "substantiated" are used to describe a finding of abuse or neglect.

Unfounded or Unsubstantiated Reports

The time specified for the expungement of unfounded or undetermined reports ranges from immediately upon determination to 10 years. A few States do not permit unfounded reports to be placed on the registry at all. Many States have provisions allowing the subject of a report to challenge the findings. If the challenge is successful, the subject's name is removed from the registry.

Founded or Indicated Reports

The time specified for the expungement of founded or indicated reports ranges from 5 to 10 years. States often use the birthday of the victim (usually when the child reaches age of majority) as a point to expunge records from the registry. In addition, some States allow records to be expunged upon good cause shown and upon notice to the subjects of the report.

To see how your State addresses this issue, visit the State Statutes Search.

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Child Welfare Information Gateway

Establishment and Maintenance of Central Registries for Child Abuse Reports:
Summary of State Laws

http://www.childwelfare.gov/systemwide/ ... regall.pdf

South Carolina

South Carolina
Establishment
Ann. Code § 20-7-680
The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the child
protective services unit.
Purpose
Ann. Code § 20-7-680
The purpose of the registry is:
To establish a system of for the identification of abused and neglected children and those who are responsible
for their welfare
To coordinate reports
To provide data for determining the incidence and prevalence of child abuse and neglect in the State
To screen a person for a history of child abuse or neglect when such screening is required as a condition for
employment or volunteer service in an entity regulated by the department, or a condition for issuance of a
license, registration, or other operating approval by the department
•
•
•
•
Contents
Ann. Code § 20-7-680
Each entry must be accompanied by information identifying the person, including:
The person’s date of birth and address
Any other identifying characteristics
A description of the abuse or neglect committed
•
•
•
Maintenance
Ann. Code § 20-7-680
Perpetrators must be entered in the registry only by order of a court.The Registry must not contain information from reports classified as unfounded.

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Go to the South Carolina government website and do a search for

corporal punishment

http://www.sc.gov/Portal/Category/GOVERNMENT

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Search the South Carolina Code for

corporal punishment

http://www.scstatehouse.net/cgi-bin/que ... egory=Code

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Domestic Relations, Children's Code

SECTION 20-7-490. Definitions. [SC ST SEC 20-7-490]

2) "Child abuse or neglect", or "harm" occurs when the parent, guardian, or other person responsible for the child's welfare:

(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:

(i) is administered by a parent or person in loco parentis;

(ii) is perpetrated for the sole purpose of restraining or correcting the child;

(iii) is reasonable in manner and moderate in degree;

(iv) has not brought about permanent or lasting damage to the child; and

(v) is not reckless or grossly negligent behavior by the parents.

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SECTION 20-7-610. Emergency protective custody. [SC ST SEC 20-7-610]

(A) A law enforcement officer may take emergency protective custody of a child without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if:

(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;

- - - - - - - - - -

L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1) must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;

(2) may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence (a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment, and (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).

(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

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This shows the difference between internal CPS records and Child Abuse registry records:

http://www.acf.hhs.gov/j2ee/programs/cb ... p?citID=66

Federal Child Welfare Policy Manual

Child Welfare Policy Manual
The Child Welfare Policy Manual conveys mandatory policies that have their basis in Federal law and/or program regulations. It also provides interpretations of Federal statutes and program regulations initiated by inquiries from State Child Welfare agencies or ACF Regional Offices.



2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement

(Updated 04/17/2006)


1. Question: How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker. Show History

Answer: The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, it also allows CPS agencies to retain information on unsubstantiated reports in their casework files.



Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State's ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.

[DadOTenAngels]

Oh, forgot to answer this....no, I do not have an attorney and really can't afford one. I also would prefer to appear pro se in this action anyway.

Back to work on my response to the original Complaint for Intervention...

Thanks so much for all the information everyone!

[Marina]

In my opinion, every Declaration of Facts should begin like this:

Legal Rights

---- It is the legal duty of Child Protective Services workers to protect the constitutional and statutory rights of families from the initial time of contact during investigation through treatment.


U.S. Code
TITLE 42 > CHAPTER 67 > SUBCHAPTER I > § 5106

§ 5106. Grants to States and public or private agencies and organizations

(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;

http://www4.law.cornell.edu/uscode/html ... -000-.html

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Deprivation of Rights

---- Every person who, under color of law, subjects any citizen to the deprivation of any rights shall be liable to the party injured.

“TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

§ 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.”

http://www.law.cornell.edu/uscode/html/ ... -000-.html

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Due Process

---- The parents have committed no crimes. There have been no criminal charges, trial, jury, criminal accusation, or confrontation with the witnesses who made the accusations.

Amendment VI of the US Constitution
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

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Unsubstantiated reports

---- Families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect.

2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement
02/03/2005 - 04/17/2006

Question
How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.

Answer

The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, they also allow CPS agencies to retain information on unsubstantiated reports in their casework files.
2. Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State''s ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.

http://www.acf.hhs.gov/j2ee/programs/cb ... itID=66#66

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----- Federal law requires that services provided by social agencies are supposed to help families.

Definitions

§ 629a. Definitions
http://www4.law.cornell.edu/uscode/html ... a000-.html

The term “family preservation services” means services for children and families designed to help families

(A) service programs designed to help children—
(i) where safe and appropriate, return to families from which they have been removed

(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families

(2) Family support services
The term “family support services” means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families...

to increase parents’ confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development.

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---- Federal law requires that social agencies' purpose is to strengthen and preserve intact families.

Purpose

§ 629. Findings and purpose
http://www4.law.cornell.edu/uscode/html ... -000-.html

to strengthen families

prompt availability of appropriate services

preserve intact families

To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner

[DadOTenAngels]

Does anyone have any suggestions from the standpoint of doing a collateral attack on CPS for violation of Constitutional rights and/or violation of State Codes?

I also believe I have information that they have violated their own internal written policies and procedures and perhaps may be in violation of the SC state licensing regulations.

Hmmm....just checked the SC Dept of Labor, Licensing, and Regulation website. I could not find where any person I have EVER talked to or dealt with or whose name appears on ANY scrap of paper I've ever received from DSS is licensed as a Social Worker....