False allegations, but no one listening...

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katgotsteve
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False allegations, but no one listening...

Postby katgotsteve » Mon Feb 05, 2007 7:55 am

In june of 2002, my sister and her husband were arrested for manufacturing meth. my sister had two children from her first marriage, her first husband is in prison for aggrevated child molestation. my nieces were four and seven at the time they were taken. my oldest niece, was a difficult child. she was in and out of trouble, showed no remorse for anything and would accuse different people of abusing her. but being family, i thought i could do something. my husband has three kids from his first marriage and we have a daughter together. we have been married for 12 years and our daughter is 11. well, in nov 2002, we got custody of two nieces, who were 8 and 4 then. in june of 2003, my husband's job changed and he was suppose to start going out of town and my job took me out of town. so i made more money and could support our family, we made a decision for him to stay at home. i began traveling, one week per month and then work from the rest of the days, if we had local installs, i install software in car dealerships, i would be home every night. this went fine. my oldest niece was difficult, we kept her in and out of therapy. she stayed in trouble at school, there was always something going on. when she hit 11, things seemed to get better or so i thought. we decided to become foster parents, we had the room and thought we survived my oldest niece, everyone else might be a walk in the park. we became certified as foster parents. during the classes, my nieces' half sister, same father, different mother, had been taken from the paternal grandfather. it was alleged that the grandfather was sexually molesting her. this was a second allegation against the grandfather, we had long since cut off ties with them because of a sixth sense i had about him. this is a complicated family, i will try to explain...my husband was married to thier daughter and has three sons with them, my sister married thier son, so there is alot of history there.
well, we decided to take the half sister in who was 15 at the time. she spent 5 days there and was taken out by dfacs becuase the state office had questions about our cps history. they began talking about my oldest niece being sexually abused. we have never been told of this, we had always thought it becuase she was hypersexual even at age 4 when she lived with my sister, her husband and paternal grandparents.
in aug 2006, my grandmother died and i left georgia to go to rhode island to bury her. i was gone there a week and i worked for three days of the next week in north carolina. when i got home, my oldest niece was grounded for threatening her little sister, she had threatened to throw her in the pond and she had done a few more things. the weekend after i returned my oldest niece decided that she was big enough to push me around and hit me. of course that did not go over very well with me. the sunday before my life was thrown in the toilet, my daughter and youngest niece told me they had to talk to me alone. i was then told by them that "my oldest niece was saying that she was having the s-word with uncle my husband" i talked to them about it, then i asked her about it. she denied it. i had always thought that i had a good realtionship with dfacs. so me and my husband discussed it and we decided to call the placement worker becuase we had gotten all the therapy we could get for her on our own. a cps investigator and deputy went to the school and interviewed her. she claimed that her and my husband had been having sex at least once a month for an undetermined amount of time. they scheduled a forsenic interview for the next day and talked to the other kids who she claimed were in the house at the time all this was happening. they determined that they were not messed with and knew good touch from bad touch. that night dfacs left my niece in the home and did not remove her until after school the next day. her story had changed from penetration to trying to penetrate, but never able to finish. the deputy was involved with this case from the begining. so the next day aug 30, we went in front of the judge, dfacs had stated that they were not going to take my other children, becuase it was not sure if it had happened becuase she had made these allegations in the past against her stepfather and several classmates.
well the judge decided to remove my children so they could get a clearer picture and give them a forsenic interview. so my kids were removed based on the word of one child. so the kids got a forsenic interview and both denied it. well, my husband had had my niece rub lotion on his feet becuase he suffers from severe athletes foot, if you ever saw his feet you would see there is nothing even remotely sexual about his feet. well they have taken this and made it a red flag. so now my kids are deprived by state law and i am just as guilty as him even though i have never been at home with the allege abused happened. so 36 days later, my husband moves out and the judge give me my youngest niece and daughter back. my husband can have no contact, no visits, no phone calls, pending the psychosexual exam he has been ordered to take. he takes it on oct 25, dfacs recieves it oct 31, i have to call supervisors and district supervisors becuase i have no case worker. my attorney has had to call several times to get this report. on nov 20, my caseworker is assigned to me, she is new and it is first day. needless to say, i probably made her wish she chose another profession, becuase i told her straight up that this was my life and i dont care if she has 20 other cases that i was going to take priority and i wanted that psychosexual exam sent to my attorney so i could get my husband some visitation. on dec 6, my attorney recieved the exam and my husband was granted visitation. once a week, then they decided to give my niece a psychosexual because of the way she was acting. then after that my other two children have had to psychosexual exams.
here is a summary of what has happened....
initial interview with niece--claimed pentration, forensic--claimed attempted penetration--sane exam--no physcial signs of abuse a notched hymen at 11oclock and 5oclock, but while talking to sane nurse claimed they had had sex two or three times. 1st psychological said confirm sexual abuse of child, but after a therapist did a home study and interviewed many teachers and counselors and checked the school official records she reported back to the psychologist and he changed it to oppositional defiance disorder, the psychosexual showed sexual abuse of a child, rule out mood disorder, her third psychological now shows bi polar disorder...she has gone to jail and acts out sexual alot by grabbing other children in the group home. in the first two weeks of custody she was moved to 5 different homes.
my husbands psychosexual showed no deviant sexual behavior, but becuase he claimed to masturbate and use lotion means he lies about his frequency of sexual desire and maturbation--she forgot to take in account my sexual desire...he state in the interview that he had a lower sex drive than his second wife--so the interview used it to mean that he had a low sex drive...
my daughter's psychosexual, shows depression with anexity
my youngest niece, depression with anexity
she claims that both are living in a chaotic home
now here is where i begin to vent, before she interviewed the last two she talked to me...she stated that she would state that they (meaning my duaghter and niece) would lie to get him home. so she formed this opinion before speaking to them. in her final report she stated that is was apparent that i had coached the children and that she could not determine that they were sexually abused or not. now we are talking about the month of december, they had my kids in custody the whole month of september and part of october...now they come up months later and wonder why my kids are resentful and argumentive.....look at how they are living, my husband had not seen his daughter from sept 26 to dec 12....she missed her daddy, he was in her life from the day she born, he watched her while i worked, they had a bond.
we go back to court on feb 12, we are still under a provisional order not a final. when we go back we are just going for me to supervise visitation and be able to go out or church together. they make me feel as though i would let it happen.
my question is this, is there a time frame for a final order? how long does it take for an investigation to take place? is there a motion that can be filed to have my husband come home? i will state that i do not believe my niece, i would be believe my own daughter and other niece if they backed her up or if they claimed it. it is sooooooo hard to believe someone who constantly lies and manipulates everything.....i even had teachers and prinicipals and counselors testify on our behalf. what else can i do?

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Frustrated
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Postby Frustrated » Mon Feb 05, 2007 8:31 am

How many times were they subjected to Interviews and Questioning?

Repetitive Questioning should not be allowed. Because it will cause them to change their answers over time just to satisfy the Workers/Detectives. The Interviews should be once so it can be geunine and true.

Even Judges would not allow repetitive questioning and too many interviews. Kids tends to get confused, and get anxiety, and would get frustrated because the Workers/Detectives were not satisfied so they change their answers so they can leave them alone at last. This happen often times with many Children who were subjected too many Interviews/Questioning.

No wonder your younger Daughter and younger niece were depressed and had anxiety. This is normal emotion and there is nothing wrong with that.
Older Niece has PATTERN of previous sexual abuse with others, shows PATTERN of herself. It looks like they are right, O.D.D. and other bipolar disorder would do this kind of things. It is called Imagined Abuse, so they can call for Attention. She is crying for Attention.
What I am outraged that they are not helping this Older Niece, she needs intensive therapy and Counselling asap.
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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good dad
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Postby good dad » Mon Feb 05, 2007 8:45 am

Hi welcome to the site..

my question is this, is there a time frame for a final order?


Usually when speaking of a "final order" it is the time a child can be in "states custody" usually 12-15 months...

how long does it take for an investigation to take place?


It depends on the state you live in, usually 60-90 days..But CPS can ask for an extension...By your story there is a lot of "evidence" :roll: to go over and the judge would probably easily grant an extension..

is there a motion that can be filed to have my husband come home?


Yes, you can file a motion on almost anything... I don't think the judge will allow it unless you can show a preponderence of evidence to support it..

IMO, with everything you've stated....Your in for a fight..

Read this on sexual abuse/false allegations cases:
http://fightcps.com/forum/viewtopic.php?t=6224

Don't let your husband plea bargain to a lesser charge to make it go away..It will only get worse..
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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katgotsteve
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Postby katgotsteve » Mon Feb 05, 2007 8:58 am

he is not going to plea bargin, in fact, there are not any criminal charges nor are there going to be any. i have been screaming about this forever, he is guilty in juvenile court, but in criminal court he does not get to make a case. doesnt make alot of sense to me, i thought in the real world you were guilty or not guilty...not indicative...i actually hate that word...i either have the money in checking account or i dont, maybe dfacs needs to move to the world of the real people...
i had a worker tell me i was too defensive and i need to back down..yeah right, i told her right quick, i dont know about where you are from, but here in my world when you get between a mama bear and her cubs your gonna get ate...i had a new caseworker the next week, as a matter of fact the cps supervisor has taken over my case. i think fresh out of college caseworkers are wrong, most cases esp ones like this need a veteran opinion. i have gotten a lot further when someon listens to me, but dont pass judgement on me when you dont even had children.

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katgotsteve
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Postby katgotsteve » Tue Feb 27, 2007 6:57 am

i had a meeting with my attorney on 2-26-2007. we have had our case continued two times since jan 31. we are set to go back to court on march 7. i am a little upset about why, we are going not to get my husband back home, but to allow me to supervise visits. to be able to go to church together, to eat a meal together, etc. i was told by my attorney that the judge will not overturn another judge's decision. she said that with all the psychological mumbo jumbo that it has just clouded the waters....we have alot of woulda, coulda, shouldas, but no clear facts. the agruement made by the SAAG is "if he had done it, he will do it again to the other two." my arguement is that if the pope came to my house he could have done it too...
i am sick of this, i cant have any of his family testify because they will lie for him, i can only have family testify that interacts with our daughter and niece to say how they have changed without him in their life. it just seems like a waste of time and money.
i have a few question...how long can a cps case be open? if a safety plan is ordered by court, how long is that court order? will my husband ever be allowed to come back home? i am personally tired of the ifs. do you think the judge or my attorney will let me make an open statement?

i want to state something like this:
"I have been married to this man for 12 years. we have had our arguements and our ups and downs over these 12 years. there are days i love him totally but do not like him and then there are days that i totally love him. he has been totally honest with me even when it put a strain on our realtionship. i have watched him get alienated out of his three son's life by an exmotherinlaw and an exwife. now i am watching him get alienated out of his daughter's life. he has been in her life since the day she was born, he has watched her while i worked nights since she was three months old. he has watched her when she was older while i went to school at night. he has stood by me as we had to fight to find out why she was developementally slow her whole life. he stood by me in the hospital when she was a failure to thrive baby, when she would not sit up, when she would not pull up on things, when she would not walk, when the peditrician would state that i just did too much for her is why she wouldnt do those things. he has helped me be the parent i am by just supporting both of us. he has sacrificed for me and for his children. i spent alot of my life fighting for what i believe is right and morally correct. i have had to fight to get our daughter the education she deserves by an underfunded system and now i feel as though i have to fight for my husband to be the great dad and husband he has always been. is he perfect? no am i perfect? no. but we are americans, we live, work and breathe in the country of the free, yet we are not free to make decisions on our lives based on allegations that can not be proven, because of some "ifs". i did not know that being a parent meant that i had to make all government agencies and people around totally happy becuase someone could call and make allegations. i did not know that being a strict parent to a mentally ill child meant that if i made her angry she could just turn us in for things. i did not know that the system i held i such high regards would turn on me when i called and asked for help for this child. i was at my wits end and i could no long find her the help she needed. i had exhausted all the counseling service available in my area. i had already tried all the medications, adderall, strattera, concerta, prozac, zoloft, etc. nothing worked. what would you do if you woke in the middle of the night with a child standing over you just watching you? what would do if a child was constantly walking the halls at night and eating all hours of night in the kitchen? what would you if you knew this child had anger issue? would you be able to sleep at night without fear of the other two children in your home? was it wrong of us to constantly watch her? was it wrong of us to ground her for inappropriate behaviors? was it wrong of us to take the advice of counselors who said to pick the worst behaviors she had and concentrate on those instead of everyone of her bad behaviors? can someone please tell me why i am being targeted when there are so many reason why my husband did not do this and only one that he did, becuase she said he did. what about the other men in her life that have been accused and sent to prison for it? who was protecting her during her life when she was living with these men?"
i know it is a rant, but i have so much i want to say.

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Frustrated
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Postby Frustrated » Tue Feb 27, 2007 7:27 am

Usually they won't allow you to speak in Court. Not in Family Courts, not in Juvenile Courts. The only place you can talk is in Criminal Courts. They won't hear or listen to you. They will LISTEN to what CPS has to offer.

Now back to your question how long the CPS Case can be open?
Investigation Case last up to 30 days - 90 days.
CPS Case with a Service Plan lasts up to 6 months to a YEAR.
They can keep it open for a Year....
You have to note the DATE on the SERVICE PLAN, it will show the expiry date, usually up to 6 months by CPS Standards.
But they can keep it open for a Year classifying it as "risk" of harm. They can't claim imminent danger in because the Husband is NOT in the House. But it will be if he is in the House, they will remove your Children.

You can't pick and choose, CPS will make sure you pick the Children and FORGET the Husband. That's their pregorative.

There is no way on "how to" make things go away. How to bring your Husband back in the House with the Children in the house at the same time? Pretty hard.

What you need to do is to make the Court Case to go away, dismissed. That is the only way. The other way is to make a deal with CPS. It really sucks when you have to bargain with the Devil's Adovocate, eh? But that is what it is.

IT might involve that you get to complete the Services for 6 months to a Year...you won't see the Husband for a Year or Two...but you can still get the Kids back home "without" the Husband in it.

I know it really sucked. CPS indeed does ruin a Family and seperating them for good. That is what they do.
I know it is so hard to choose and which is best solution?
I do not have any advice for you, but just PRAY!

Also I just remembered something:
The CPS can't do anything about your Husband being in your House, it has to be COURT ORDERED to do so. If the Judge court orders for the Husband to stay away from your House. Otherwise, CPS can't do anything about it. If NO COURT ORDERS, then there is nothing CPS can do. WHAT THEY CAN DO IS JUST REMOVE THE CHILDREN FROM YOUR CUSTODY.
If you can talk to your Attorney about what happens if your Husband moves back in, would there be a Court order to do so to prevent that? If the Attorney says there is no Court Order. He can move back in, but...CPS can always remove your Children but they have to have a REAL GOOD REASON for Removal.
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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katgotsteve
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Postby katgotsteve » Tue Feb 27, 2007 5:11 pm

I have my kids. i got them back after they were in foster care for 36 days. they have no issue with me and were unable to prove that i would not be able to protect my child. my problem is the order was he would have no contact with children until a psychosexual exam. well he had it done shortly after the order, 21 days exactly. it took dfcs until dec to get it to my attorney, he got visitation every week, but it had to be at dfcs. when asked when this will be over, they tell me it is up to judge, but if it were up to them they would close the case and just wait for another call. i am sick of this, i have to pay an attorney to go to court for them to tell judge whatever they want to see if i can supervise visitation. if they say anything off the wall to me they know i will stand up and defend myself and they know i have the knowledge to use against them so they walk on egg shells with me.
they have stated and i have them on tape saying that they cant prove this case, they have to classify it as unsubstaniated. so if it is unsubstaniated why is the saag going after my husband, they tell me they dont know why.....excuse....i get upset here and tell that the saag is suppose to representing their interest not anyone else's. and that maybe someone needs to tell him that and if they like i will be more than happy to tell him.
that was the time that i got a new caseworker and as far as a service plan,how would like to go through this and they dont give you one until feb 15. my case started aug 28, 2006, i got a family plan on feb 15. my attorney is completely baffled as to what a family plan is, it is all new to her and it is an educational family plan not at case plan or service plan or cps plan. she doesnt understand it all. the only thing i have to do is allow a counseling group in my home and they have not even contacted me...so if yall could help me figure my case out i would like to help. they have not followed the manual, but in the state of georgia they do not have but 23% of the time. so if mine falls out of the way a case is suppose to be handled, it is ok, because they allow for some cases to fall out of line with manual.
sounds kinda crappy to me, but we all know they have to have a loophole to jump through.

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Frustrated
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Postby Frustrated » Tue Feb 27, 2007 7:22 pm

wow...when you see something new, it is always something ROTTEN! It is never always good. I don't trust these People. But good for you that you have a Attorney that watch your back. That's good. So she can read everything they put in in careful words and if she sees something off, she will advise you not to sign. And if they pulled a trick on you, this Attorney will make note of that as well. So it is a good thing.
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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