Appeal hearing on Jan 29

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tbrd
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Appeal hearing on Jan 29

Postby tbrd » Sat Jan 06, 2007 4:28 pm

I have just gotten their "evidence" today Jan 6. It was dated Jan 5, I was suposed to recieved it Jan 2. They are not following their own time lines.

I could use some help here. Is there anyone in kansas?

Marina
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Postby Marina » Sat Jan 06, 2007 7:04 pm

Here is the Child Welfare Information Gateway, which gives a general overview of the process.

http://www.childwelfare.gov/

There are links to the state statutes on the main page and in various other sections.

Anybody can help you if they know what issues you need help with.

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good dad
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Postby good dad » Sun Jan 07, 2007 1:09 am

Are you Appealing a ruling, finding or a TPR???
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tbrd
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Postby tbrd » Sun Jan 07, 2007 2:38 pm

I have been substaniated for "inappropriate touching". It is all BS. I have a witness that is going to testify that nothing has ever happened. She has been through all this before as an outsider to another situitation similar to mine. He won his case over his ex. Only problem here is he has a son. I have two daughters.

They did the usual miss quoting, taking statments out of context, and adding their on words to make me look bad. The county attorney is doing nothing, because they know of the situitation between my ex and I. This is the third time she has accused me of stuff. I had a clean rap sheet until she met her boyfriend. I have had nothing but hatred out of her ever since. I voiced my concerns about her boyfriend.

I did get one of the officers to voice concerns over her boyfriends 8 page rap sheet finally and it made it into the report.

What I think I need is an "expert" to debunk the video interogation. They kept asking "What did he do?", instead of "Did he do anything?"There are some other things on the video too. Thats why I'm trying to find somone to help me with this.

Have I made this complicated enough yet? :)
Last edited by tbrd on Sun Jan 07, 2007 2:53 pm, edited 1 time in total.

tbrd
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Postby tbrd » Sun Jan 07, 2007 2:41 pm

The hearing is on the 29th. If I can find an "expert" to testify, I'm going to need them SOON. They don't give you much time to prepare.
If I remember right I only have until the 16 to turn in the final witness list.

tbrd
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Postby tbrd » Sun Jan 07, 2007 2:46 pm

I have another case that I am presuing in the regular court system.
I am trying to enforce my parenting time. I havent seen my children since August. I had some problems with the court systems getting paperwork straightend out(another story).

I now have an investigator assigned. I have contaced him and payed him my share, but I doubt if my ex is going to do anything anytime soon. The next court date for that is Feb 1st.

tbrd
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Postby tbrd » Sun Jan 07, 2007 2:52 pm

Their claim is that I am "grooming" her for later sexual abuse. :roll:

tbrd
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Postby tbrd » Sun Jan 07, 2007 4:03 pm

Can I file an Objections and Corrections in SRS "court"?

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good dad
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Postby good dad » Sun Jan 07, 2007 5:47 pm

What I think I need is an "expert" to debunk the video interogation. They kept asking "What did he do?", instead of "Did he do anything?"There are some other things on the video too. Thats why I'm trying to find somone to help me with this.


A few questions..
1. How old are the children?
2. Who interviewed them?
Any statements as to what the interviewers qualifications are? (training or schooling)
3. How many times have they been interviewed?
4. Were there medical exams done?
5. Were tools and props such as anatomically detailed dolls, puppets, or human figure drawings used?
6. Are there criminal charges pending?
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tbrd
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Postby tbrd » Sun Jan 07, 2007 7:24 pm

1. How old are the children? 5 and 7
7 yo is who srs is using againt me.
5 yo statments were found to be too inconsistant.

2. Who interviewed them?
Sunflower House
www.sunflowerhouse.org

Any statements as to what the interviewers qualifications are? (training or schooling)
The 7yo's interviever has LMSW after her name.
The 5yo's has a LBSW.
Is that what you were asking?

3. How many times have they been interviewed?
Once that I know of.

4. Were there medical exams done?
Not according to the case file.

5. Were tools and props such as anatomically detailed dolls, puppets, or human figure drawings used?
Pictures on a paper called White, Grammer-School

6. Are there criminal charges pending?
None that I know of.

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good dad
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Postby good dad » Sun Jan 07, 2007 8:10 pm

I don't know how much you can afford to pay, I've heard good things about Dean Tong, he will accept queries and cases from public defenders representing indigent clients at discounted rates.

http://www.abuse-excuse.com/ae_home.html

Click on expert services..

I've been looking for someone in Kansas, no luck yet..

What did the 7 year old say?,(you can pm me if you want)
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tbrd
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Postby tbrd » Mon Jan 08, 2007 8:07 am

She said that I Tickle her privates.

As she goes threw more questioning her story is now that I tickle and poke her privates and that I do it every time that I see her. And that I only do it when no one is watching.

The story is growing by leaps and bounds.

Whe SRS found out that the CA wasn't going to persue it, due to lack of evidence, SRS then changed from inappropriate touching to grooming.

I have looked up grooming. All of a sudden they are saying tht I "accidently" touched her privates. I never said that, but it fits their scanerio.

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Postby Frustrated » Mon Jan 08, 2007 7:45 pm

It almost sounds like a Case of "Future Risk of Harm" which is almost impossible to prove. I got a Case of Emotional Harm which is one of the most hardest Case to prove and they couldn't prove it so they labelled the Case "Future Risk of Harm" which is laughable to me because the incident has not occured Yet! So they had no Evidence and had no choice but to close the Case but would later come back for another Case, get this: for Babysitting problems which were later dropped.

They would go to great lengths to make a Case against anyone and that is the insane reason of the whole thing which is their intention to do so to make Justice on every Parent and prove their point. It also further the point that they go after half a million Parents with ridiculous cases then the other half of million must be abusers then. It is laughable. We are all not Perfect, but we try our best but CPS's Opinion that EVERY PARENT MUST BE PERFECT.

In fact the whole thing is nauseating and CPS are unbelievable so my advice for you to defend yourself, get yourself a lawyer and keep quiet, and do not say anything more than you have to do to damage your case further, and know your RIGHTS. Also to keep evidence, all documents, all paper works, anything you can get for your Lawyers to prove that you didn't do anything wrong. Medical Records, Dental Records, Hospital Records, School Records, etc...etc....etc....

Our Country are doomed and our Rights are not protected. In fact the Consitution is out of the question obviously in their opinion.
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

Marina
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Postby Marina » Mon Jan 08, 2007 8:25 pm

I think this site may have a lot of helpful information that relates to your situation. There are a lot of parental rights articles on here that have been posted on this fightcps website, but they are somewhat scattered, and I thought this other site may be organized into various categories and you could more easily find relevant terminology and leads to do your own research.

http://www.deltabravo.net/

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Postby FINN » Mon Jan 08, 2007 11:30 pm

look at these sites:

http://www.fmsfonline.org/

http://faculty.washington.edu/eloftus/

Then do some research on the Wanatchee , and Mc Martin nursery school sex scandals. You'll see what you are up against.

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Postby Frustrated » Tue Jan 09, 2007 11:49 am

I do remember the Mc Martin Sex Scandal, it was on the News a long time ago. She almost gotten away but later got charged for its Crimes.

I do remember she used Dolls which is nauseating and shouldn't be used because it is confusing the Child.

Wasn't that Case out of Florida, right? The Day care one?
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

tbrd
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Postby tbrd » Fri Jan 12, 2007 12:17 pm

I have contacted Dean Tong. He seems very knowledgable. He has pointed me to several things that will help.

"Future Risk of Harm" Thats pretty much it. They are saying that I am "Grooming" her for future sexual abuse.

It started an "Inappropriate Touching" when the County Attorney said there was insufficent evidence to prosicute SRS changed to this "Grooming" charge.

You can't win when they keep changing the rules. :roll:

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Postby Frustrated » Fri Jan 12, 2007 12:42 pm

If they keep on changing, most likely they do not HAVE the Evidence.

Most likely your case might or may get dropped or dismissed by lack of evidence.

Just have to wait and see, prepare and get Witnesses, evidence to back up your claims that it is not true. Stay on top of things, because they are counting on you to fail, to fall behind. That is why you don't have enough time.

That is why writing Declaration of Facts sheet helps tremendously. Did you do them and can you have them entered into the Hearing before then? Try and have them given to the Judge, Prosecutor, and your Lawyer and yourself...BEFORE the Hearing begins. These Declaration of Facts (also called an affiavit) had helped many, many parents from going through hell and had gotten their children back almost immediately or in few months later.

Dec. of Facts Sheet can be found under Research Boards.
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

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Postby Harlan Carroll » Fri Jan 12, 2007 1:33 pm

I'm in the same boat. I am accused of "innappropriate touching" even though I've never molested my kids. CPS claims the kids have said I put my hand down their pants while they sit on my lap and play computer games. A third party interviews the kids and no such claims are made. The CPS counselor gets involved and supposedly they are repeating their claims, but then a local police investigator gets involved and still the kids make no claims.

So are the third party interviewers and the police investigator wrong? Or the CPS case workers and counselor wrong?

According to the police investigator's comments the other day to my wife he's about to close the case as the kids aren't claiming I did anything. So I am waiting to have him and my lawyer set an appointment so we can talk.

Our problem is that, even though no criminal charges will ever be filed, CPS will still continue on as if I've molested my kids, and I don't see me ever getting my family back.

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Postby Harlan Carroll » Sun Jan 14, 2007 1:15 am

Appeal ruling? Someone tell me about this. I'd like to appeal this latest case that CPS has going against me, especially police investigators and third party investigators are finding out the kids aren't claiming anything against me.

And guess what, my kids, in my wife's last visit with them, said they wish they were never in those three foster homes and want to come back with both of us. And it's clear to anyone that they want their Mommy _and_ their Daddy.

So I don't see why we need to Tango with CPS any longer. I want us to appeal or fight or something. Something has got to break. I can't stand living in a different home than my wife. I live in a 1bdrm efficiency now and I call my wife every day because I am _bored_ to tears. I come to her house at night, eat dinner, and then go to my Other Home and spend the night alone in a cold room (I've had to buy a space heater at Wal-Mart to get by).

I can't live like this. Without my family. Without my home.

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Postby Frustrated » Sun Jan 14, 2007 6:48 pm

Ok Harlan, to my understanding, within CPS Administration to APPEAL, there are Three Appeal levels to go through. It is called Administrative Review Hearing. You need to request an Appeal to sit down and discuss and so forth. I am not sure if this would be a closed doors just them meeting, or you and with them. It all depends. But there are three Levels to go through to an APPEAL. However, there is a time line limit to pass through, and it might be too late. Up to 6 Months for an Administrative Review Hearing. (I am not sure as it differs from State to State). Worth checking the CPS Manual in your State.

Then there is an APPEAL Hearing for the Court House Part. Your Lawyer can file a motion striking that there are lack of evidence or whatever your Lawyer can bring up.

Just two different Appeals to go through, CPS one, and the Court house with the Judge.

All I know that I read that there are three levels of Appeals within CPS Administration Office to discuss your Case with them. Either Privately between Supervisors, and CPS Workers. Or you with them to discuss why you disagree that they don't have a case against you (as per lack of evidence as Police says there are none.)

You can request an Appeal with CPS. Or you can have your Lawyer request an Appeal in Court with the Judge. I would choose the Court. because with CPS Appeals, they wouldn't listen. But with the Court Judge, they listen to your Case much better than CPS does.

Just my two cents.
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

Harlan Carroll
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Postby Harlan Carroll » Mon Jan 15, 2007 12:06 am

I'm through with CPS. They've had a year and a half of my family's life. I want to appeal to the courts. Any advice?

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Postby Bob_Lynn » Mon Jan 15, 2007 5:18 am

Note, I posted some information written by a Texas attorney regarding false accusations of sexual abuse:

http://forum.fightcps.com/viewtopic.php?t=6224
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

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Postby Bob_Lynn » Mon Jan 15, 2007 5:26 am

Harlan Carroll wrote:I'm through with CPS. They've had a year and a half of my family's life. I want to appeal to the courts. Any advice?


You can appeal any court order as long as it's within the time limit set by your state. The time limit is set in the Rules of Appellate Procedure for your state. The clock starts ticking from the date stamped on the court order. If you are over the limit, the Appeals Court will reject it. They just love to reject appeals on any grounds they can find.

I'm working with someone on an appeal now but it's based on a Constitutional Defense. The appropriate steps have been taken in the lower court to set the stage for this appeal. This is key to an appeal because you can't appeal issues that have not been brought up in the lower court. If you have not created significant appealable issues, you must do so in the lower court before filing an appeal.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

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Postby Marina » Mon Jan 15, 2007 6:45 am

You have to distinguish between

CPS administrative appeals of founded dispositions and

Family Court appeals of various things, such as Termination of Parental Rights, etc.

The process for administrative appeals, where you challenge "preponderance of evidence," is explained in the Social Services laws and policies. A CPS administrative appeal may still require a lawyer and a court order.

The process for court appeals is shown in the "Courts" and "family courts" laws and procedures. The TPR appeal is done in a court system different from family court -- a higher court.


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