Case set to be closed wtf?

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gemgem
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Case set to be closed wtf?

Postby gemgem » Thu Dec 07, 2006 10:57 am

I dont post much but wanted to share whats happening with my sons case. Back in feb-mar cps came a knocking on my door for the 4th or 5th time in 3 yrs bc of allegations of abuse against my so ns father. My son lives with me, ex has/had joint custody. Sexual abuse became a factor since 2003 when my son was returned to me after 7 mths of being with his dad after being taken illegally. The judge majorlly screwed up by giving him joint and I knew that then.
Long story short, my son who in 03 was 3 yrs old was masterbating in front of ppl. I moved not long after and was held in contempt of court for not having gas money to bring my son even though ex wasnt paying cs and I had to work weekend. Thats fine. He continued his visits and it was around then cps came the first time. They closd the case. They have come like I said I think 4-5 times now and all reports were made by pediatricians, teachers, therapists ect. Each time the case is closed and cps does nothing.

This time they sent u s to a forensic evaluator back in Aug. The report is set to come back on Dec 18th. Since that time cps has had my son seeing a new therapist to which my son has now disclosed graphic details of sexual abuse sustained while at his fathers home perpetrated by his fathers gf and his father knew and basically turned a blind eye. I didnt know how bad it was, and still dont since I was left out of the loop for many months while they investigating me as well to see if I was lying, a drug addict, or insane. I have gone through therapy, spend 7000 in legal fees, drug testing and psych testing. All the therapist agree I am honest and nonmanipulative and that I am sick of the system. I also have a clean bill of health and no personality disorders.

Ok so, now I get a call stating on Dec 18th theyll be a meeting and theyll be closing the case because they dont have enough evidence to keep it open. Im in a wtf state mainly because they have had 3 of their own "experts" and therapists say my son WAS abused and I knew nothing about it. That ex shouldnt have visits and is a pedophile based on their evals on him and my sons statements.
How on earth do they close the case on this with out doing anything? I really dont "get it". It seems the throw kids who need help back into the arms of truly abusive ppl and take kids away from those who arent abusive. I have been through hell and back and still am going through it. I am so confused.

If anyone knows where I can get information about child sexual abuse laws, and what cps is SUPPOSED to do I would appreciate it. Im kinda dumbfounded by whats happening.

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good dad
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Postby good dad » Thu Dec 07, 2006 11:19 am

they have had 3 of their own "experts" and therapists say my son WAS abused and I knew nothing about it. That ex shouldnt have visits and is a pedophile based on their evals on him and my sons statements.


Do you have copies or could you visit the experts and get statements?

If you can ...I'd take him back to Family court without CPS's help and get visitation stopped.
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

anxiousmom
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Postby anxiousmom » Thu Dec 07, 2006 12:36 pm

I'm so sorry to hear of what your son has suffered!!!! It is heartbreaking!!!!

I totally agree that often times cps "...throw kids who need help back into the arms of truly abusive ppl and take kids away from those who arent abusive".

My old counselor, who was subtracted by cps to work with families---did this for many years--she saw all of the things wrong with cps. She said cps HATES sexaul abuse cases & often times will NOT get involved with them!!!!!!!!!!!!!!!!!!!!!

HOW does that make ANY sense?????? Sexual abuse is the WORST kind of abuse any child can endure!!!!!

She said it's 'cuz it is so hard for them to prove & document.

She said that's why they *LOVE* cases like mine.....a hoarded, messy house---they can take lots of pictures & present them to the judge!

I've been told MANY times by cps workers that they know I am not a threat or a danger to my children......yet, my children are not in my home & they are recommending they be placed with their dad.......and, then there are chidlren who ARE in danger & are physically & sexually abused & nothing happens!!!!!

The system is sooooo messed up!

gemgem
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Postby gemgem » Thu Dec 07, 2006 5:07 pm

good dad wrote:
they have had 3 of their own "experts" and therapists say my son WAS abused and I knew nothing about it. That ex shouldnt have visits and is a pedophile based on their evals on him and my sons statements.


Do you have copies or could you visit the experts and get statements?

If you can ...I'd take him back to Family court without CPS's help and get visitation stopped.


Yes. I hired my own lawyer when it became apparent back in June that cps had no intentions to do anything. In fact they had planned to remove my son from my care if I sent him to his court ordered visits. My lawyer is good and suspected this might be the case since they couldnt built a case against dad they would try on me then go after dad. He stopped that and now were in family court. Ex has filed also for sole custody claiming I am unfit and making up stories and also abusing our son which is a lie.
We go to court in feb over this. It is just very frustrating that they wont do their jobs when we now have 6 therapists and one pediatrician saying he was sexually abused.

They got yet another call from the therapist to report bc thats what shes obligated to do and the cps worker said oh well we cant do anything about it anyway since the mother filed and had visits terminated the child isnt in immediate danger. So, she did nothing with the added information.

I was told today though at a team meeting that they would be contacting the sheriff dept in my exs county to inform them a crime was commited and so they can investigate. I was told by my lawyer with the info they have right now the most he and gf will be charged with is indecent liberties with a minor. He also said I should not worry bc the judge isnt stupid and she is going to hear all this testimony and most likely exs lawyer will be begging him to take a deal.

Its still frustrating bc cps has put m e and my family through alot and for what? The allegations were never against me. My ex made counter allegations when my son disclosed abuse. You would think theyd know thats par for course when someone is busted to try and point the finger someone else. Instead they have been to my home I dont even know how many times until i told them no more, and been to my ex's house twice. He has done no drug testing, and nothing that was asked of him. But theyre gonna close their case and let others do their jobs for them.

gemgem
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Postby gemgem » Thu Dec 07, 2006 5:12 pm

anxiousmom it is very wrong what they do because even if your house was messy thats fixable, the abuse a child suffers with child sexual abuse is long lasting and cant be fixed with some soap and water. My first case worker on this told the supervisor that if my son had been sent home with a broken arm theyd remove him and stop visits and she couldnt understand why they werent doing anything to help my son. The supervisor had her removed from the case and claimed she had lost her perspective and was too close to the case to do her job.

The same supervisor contacted my ex when we filed in family court to get visits term with a ex parte bc the of the abuse, and my ex didnt get served for two weeks bc of her. The same supervisor has done everything in her power to try and get nothing done. Shes out on medical leave right now and is coming back special to close this case. I see a conflict of interest but nothing has helped.

kelsangels
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Postby kelsangels » Thu Dec 07, 2006 11:14 pm

!!sexual abuse is long lasting and cant be fixed with some soap and water. !!

this is so true i was abused and i am 41 and i have alot of problems , i dont sleep well , if i do i pee the bed , and have night mares , of the abuse , i told my husband when i was 25 i was with him since i was 17 , it was hard for me to tell him this went on when i was a child i think it was when i was like 4 this started . but a child will never forget , yes a messy house can be fixed , but what gose on in a child head after something like that it cant be fixed , hard work and love might help , but you never forget , kelly
http://kapjhs.tripod.com/kelsplace2003/ well this is my web site i been working on it for years updating please take alook ,

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fightingfor3
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Postby fightingfor3 » Fri Dec 08, 2006 3:39 pm

You did file an ex parte custody order against your ex?

Can't you call and press charges against your ex/ex's gf for the abuse? Have you contacted the district attorney?

I am confused as to why you want the case with CPS to remain open? If you have your son and he is safe then this is a criminal issue and needs to be dealt with through the proper authorities.

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Greegor
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Postby Greegor » Sat Dec 09, 2006 1:21 am

How much of what might have been solid testimony from the
kid against the stepmother was BOTCHED because the
ham handed CPS people contaminated the interviews?

gemgem
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Postby gemgem » Sat Dec 09, 2006 12:16 pm

fightingfor3 wrote:You did file an ex parte custody order against your ex?

Can't you call and press charges against your ex/ex's gf for the abuse? Have you contacted the district attorney?

I am confused as to why you want the case with CPS to remain open? If you have your son and he is safe then this is a criminal issue and needs to be dealt with through the proper authorities.


Yes we filed an ex parte only because cps was supposed to go to court and file a motion that dad was non compliant to make him go seek help. They never did. I had a supervisor on the case who has informed him of everything I have done legally before he was ever served. We know for a fact she is doing this which is not her job and is wrong to do.
I wanted to case to remain open because I think he should have to go to parenting classes, drug classes etc at min and at min they should make some recommendations since my hand was forced to go to court costing me 5k for an exparte.
The criminal issues arent being dealt with because cps has not notified anyone and I wasnt sure what to do as cps told me not to do anything and let them do their jobs. Which I have done. I have been counter accused of being a drug addict, crazy and abuser all which came back as unfounded. Im now waiting on the DA in exs county to call my sons therapist and see whats going on. I just want my son safe.

gemgem
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Postby gemgem » Sat Dec 09, 2006 12:25 pm

Greegor wrote:How much of what might have been solid testimony from the
kid against the stepmother was BOTCHED because the
ham handed CPS people contaminated the interviews?


ALOT! Let me tell ya we had been sent to a expert in sexual deviant behavior where my son was interviewed along with myself. This guy has been doing this for 17 yrs and requested cps sent my sons dad to see him or another expert in this area bc statements my son were saying were alarming. He stated in his findings he did not believe he should have unsupervised visits until this took place and he went to therapy as well. The supervisor, same one who has been in contact with my ex outside of office hours and to help him said the expert never said that and she "didnt read it that way". We called him and told the expert what the supervisor said and he rewrote it to say exactly that my ex should not be allowed around ANY minor child for ANY reason AT ALL.
They still failed to act. My ex has learned to work the system. He has a personality disorder which includes socipathic tendencies and he is very charming and convincing. CPS fell for every line until now more abuse is coming out and they dont know what to do or say since they screwed up the case and had to start over once already.

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fightingfor3
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Postby fightingfor3 » Sat Dec 09, 2006 8:49 pm

I really think you need to get out of the hands of CPS and into criminal courts. Have you filed for your ex's parental rights to be terminated or for sole custody? I think that you need to call the police and make a report and then file the proper custody papers. If he is non-compliant with CPS then they should not be closing the case and instead moving towards TPR. If they are aware that he has harmed your son and have done nothing to protect him then you have cause to sue. Don't listen to them, obviously they have failed to do their job. You appear to be a well educated woman with resources to fight back and to do what they have not. I would encourage you to compile the evidence you have yourself and your state statutes and to present it to your district attorney yourself.

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Greegor
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Postby Greegor » Sat Dec 09, 2006 11:45 pm

Now this is starting to sound like familiar territory for me.
The agency knows they screwed up HORRIBLY.
Will they admit they botched up so badly?
I doubt it.

Like a cornered wild animal, I doubt they'll surrender.

Can you count on the JUDGE to realize they
botched up so badly and reverse course?

Maybe.

gemgem
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Postby gemgem » Sun Dec 10, 2006 5:09 am

fightingfor3 I am in family court already because cps didnt do their job. I from my understanding have to wait on cps to have their findings and recommendations in order to go forward in family court because our judge wants their report to see what they have done or havent done. She goes on their recommendations as well as the therapists, doctors, teachers etc.
I have all the paperwork cps has. My lawyer got copies for the court case and for my own records as well. He also has every worker involved and supervisors under supeona.

As for the tpr I was told by my lawyer we cannot even ask for one unless one of 3 things take place.
1. no visits and child support paid for one yr (NC statute) along with lack of interest .
2. He in convicted of something in regards to the sexual abuse, emotional abuse, or mental abuse he has caused.

So right now its a waiting game and I have no faith in cps at all since they cant seem to do their jobs. In our case they screwed up and protected the abuser and by their own admission to me because he is "well educated" and "confuses them".

Greegor:
The judge who signed my ex parte with all the therapists recommendations is already asking to see the cps worker and her supervsor to ask them why they failed to protect my child. She was appalled by the fact my lawyer had to come to court and they claimed they didnt have enough evidence when the evidence was "overwhelming".
Other then them getting reamed they probably wont get punished.

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fightingfor3
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Postby fightingfor3 » Tue Dec 26, 2006 6:23 pm

Any news?

jackiew75
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Postby jackiew75 » Tue Dec 26, 2006 6:54 pm

I am a bit confused... No criminal charges filed? Whom do they expect to file these charges... the child?

Did your ex have to participate in a psych evaluation regarding sexually deviant behavior or any other evaluations?

I cant believe that they are going to close this case when they know full well the abuse the child has suffered.... this system absolutely amazes me sometimes.

anxiousmom
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Postby anxiousmom » Wed Dec 27, 2006 10:08 pm

You can sue them.

I have also read that the children can sue CPS after they turn 18 for any wrongs inflicted.....your son has just cause to sue them!


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