quick questions

[royal_alez]

I have a quick questtion.. my fiancee and I went up to DSS / CPS office last Wednesday to pick up the file.. When we got there it wasnt ready to be picked up and I waited an hour for it to get copied.. Anyways, I was investigated in TX and everything was in SC report about TX.. But there was nothing really pretaining to SC's case against me.. Just a lot of criminal background checks that they did on me.

At that little "meeting" my case worker provided a treatment plan.. She didnt even have the right name on it.. My fiancee's name is Robert.. But on that sheet it said Richard. ( his brother's name).
Also it said that I stated I pulled Alexandra's hair as a form of discipline. Is that going to look bad that I refused to sign that paper w/ that written on there? When I told my case worker the reason I wouldnt sign it she said she will just write refuse on there.

Also does anyone know about how long the appeal takes? I've appealed the indicated decision for child abuse almost 2 months ago and havent heard anything back as to what is happening. I have the police report which states "during the interview w/ DSS and SGT soloman (sp?) Dannan (me)stated she used time out in the push up position.. as a form of discipline." Thats not exactly what I told them but thats what they decided to write that I said. Or something along those lines. So even in there own records it doesnt state that I said I pulled Alexandra's hair.. *sighs*

[Frustrated]

If you did not do anything, do not sign for something you did not do. If there are mistakes in your files, make corrections and objections to it, and supply them back to CPS to make its corrections. They have 7 days to correct the mistakes and if nothing was being done, you can file a complaint with the Review Board to make its corrections.

You can find Corrections and Objections Form sheet on Research Board. Be sure you keep all the orignials and copy and give 2nd copies back to CPS for request to make its corrections.

For example, you did not pull your daughter's hair, make that correction. And write that down on the form sheet and tell them to correct that mistake. And your fiancee's name, and his brother's name, be sure to correct that.

I am glad you were able to get your files, does that mean the letter I recommended worked???

[royal_alez]

*nods* it worked

But there is nothing in there really about SC investigating me.. They just have TX investigating me in there.

I will however email my caseworker with what is wrong and show her where to find what I did indeed tell the police and DSS / CPS

[Marina]

.

Here is the link on how to file a complaint in S.C.

Bad record-keeping is a common complaint.

http://www.llr.state.sc.us/POL/SocialWo ... plaint.htm

Bad record-keeping is a common complaint.

http://forum.fightcps.com/viewtopic.php?t=6748

.

[Momoffor]

as far as the appeal goes. Did you send your intentions to appeal through certified mail return rec. required and sig required? If there is no way to track it, they will claim they never got it. So if you have done this and there is still time send it again but this time make sure its trackable.

For my appeal, I had 90 to respond which I did within 2 days. They had I think 90 days from the notification to hold the meeting, and they waited until the last possible minute to reply with the date and there was just a few days left for the deadline.

The second appeal I did, they waited until the last possible minute to send me a letter asking (telling) me to extend the time and a date of meeting with the extension.

Its a waiting game.

[royal_alez]

I sent it certified before the 30 day deadline.. I have copy of the letters I sent them as well as the fact it was signed for.

[Momoffor]

How many days in your state do they have to hold the hearing?

[royal_alez]

That is a good question.. I dont know. Its been almost 2 months and I still havent heard anything other than the director just got the letters we sent to her certified mail.. last week is what her email said.

I need to find out though.

*found this..

Within 14 days after receipt of a notice of intent to appeal, an appropriate official of the department must conduct an interim review of case documentation and determination. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database. If the person's name was in the Central Registry as a result of a determination and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.

[Marina]

,

You can't be put on the registry unless it is court ordered. I posted that link on your other thread.

So I am thinking you are opening a case that wasn't in existence by sighing papers.

.

[royal_alez]

I know my name isnt on the registery.. I have a letter stating that it isnt.
CPS said I could cancel my appeal if I wanted to. But they have an indicated decision against me based off of SC prosecuting me. Or attempting to..

They wouldnt release my girls otherwise. I was told if I was convicted in criminal court CPS would then take me to court and put me on the registry. I know CPS lies. I just want a chance to fight them.. as they never got a court order to take my girls.. nothing was done correctly.

I feel I will win and the indicated decision against me will be changed to unfounded. I need to go to court to get the indicated decision off of the file. I am sure the judge would side w/ me and see there is no abuse or pattern of abuse.

If I didnt sign those papers I wouldnt get my girls back. it was just a summary of the meeting that we had. CPS wants me to drop the appeal. I dont think they think they have enough evidence to have an indicated decision.

[katgotsteve]

you are in a catch22. if you dont drop it, you could loss your girls, if you do you could get them back. it is a tough choice. the thought i have here is, no matter if you drop it now or not, if they get a call in the future, they will use it against you. they use substaniated/unsubstaniated against you no matter what. any call they get is used against you, you have to decide if you want to keep fighting or if you want to just get your girls back and go on with your life. as much as i want change, i know one person can not do it. i would hate for your kids to suffer for retaliation.
please hang in there.

[royal_alez]

My current case worker doesnt understand why I dont want an indicated decision on my record.. She said that she doenst understand and that they are trying to give me back my girls she doesnt understand why I would bring up incorrect things in the file. Things I never said that they have me saying.

I will get them back they are transitioning them back into my home. They wanted their Aunt and Uncle tell them that they will be coming home on June 29th. But I dont want to do that just because of how many times they have lied to me before about them giving me the girls back.

[katgotsteve]

i will tell you this, if i were you, i would still appeal. only a judge can reopen an investigation, if it is closed it is closed. well that is how it is in georgia. i would keep on fighting it esp. if i felt as strong about it as you do. that is just my opinion.

[Frustrated]

That's called Extortion. They tell you to drop the appeal hopin this will go away. No. HOld them accountable for their actions. WHy let them get away from making so many mistakes??????

I agree with kategoskate: Keep fighting. Teach them that you will not tolerate this kind of harsh and unjust treatment on you and your family especially your children. You can keep going while you have your girls. Don't listen to their threats. You have evidence on your side. Use it.

[royal_alez]

I recieved a letter from the director at DSS / CPS about my appeal..

Its dated 6/21/2007

Pursuant to section 20-7-655, I have conducted an interm review of your case subsequent to your letter of appeal received 4/24/07. I have concluded that the decision to indicate your case of threat of harm physical abuse and neglect is supported by preponderance of evidence and the case decision is upheld. Therefore, we will petition the family court to schedule a judicial review of the matter..

it was sighed by the County Director.. From what I have read they had 14 days to review it and make a decision.. not almost 2 month. ( it would of been 2 months on the 24 of june!)

Can this be done? My lawyer opens his office July 1st.. I need it opened now. I have a lawyer working on my case but thats just as a favor to him so I cant contact her.

Stuck between a rock and a hard spot.. as the saying goes.

[Marina]

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

The statute provides for a child protective services appeals process for reports that have been indicated, entered in the Central Registry, and are not being brought before the family court for disposition. This process is available only to the person determined to have abused or neglected the child.

The State director shall appoint a hearing officer to conduct a contested case hearing for each case decision appealed. The hearing officer shall prepare recommended findings of fact for review by the State director who shall render the final decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child...

An appellant seeking judicial review shall file a petition in the family court within 30 days after the final decision of the department...

I thought in a "contested case hearing" you would have the opportunity to be present, to be heard, present evidence, have witnesses, and question witnesses.

Do you know the exact date of this so-called "hearing,"
were you there,
was it a phone hearing,
were you allowed to produce evidence,
were there witnesses,
could you ask the caseworker questions,
was it recorded,
do you have a transcript of the record?



.

[royal_alez]

I wasnt informed of any hearing.. to the best of my knowledge the county director reviews the information she has on hand.. talks to the case workers.. none of my witnesses and decides from there..

I have the police officers who were there that can show there incident report that says what was said during the interview w/ dss and myself and the officers.. it shows i didnt tell the 1st case worker I pulled Alexandra's hair.. it says I use time out which I did - now when I get them back I will continue to use time out. Take way her N64 things like that.

I dont believe I have to beat her to make her listen despite the fact that is exactly what my mom did to me. *shrugs* It didnt work for her because I rebeled even more.. lol

[starr747]

First off let me say thenm changing what was dona and said is typical of them . that si the tactic get all they can . and then put it in there own words changinging and twisting it all around . I myself would do a sworn affidaviit. A dec of facts and a objections and corrections and get it filed if you have time . If not make plenty of copys for everyine in the courtroom . Now as far as atty . they ownt do everything for you trust me . This is stuff you have to do to fight for your child . And to me pulling hair as far as a punishment is a joke . why cause kids pull hair all the time in school and get nothing done to them for it . So they are blowing smoke. Call there bluff but ,
Do not sign nothing period and if you do sign cause they made you under you name put signed under duress. Dont play their game . You get the ball in you court and throw it at them in paperwork .
When they took the child did they have a warrant . You state the officer was there but did he have an actual warrant . Cause if not they violated the constituion your 4th amendment . you need to read your constitution and get them there also . as far as pulling hair one of mine used to pull my hair and i would pull his to show it that hurt dont do that . that wasnt abuse .. they try anything cause it has dollar signs attached to it .. starr

[royal_alez]

when they took my daughters they didnt have a warrent. The sgt there told me that the sheriffs department could and would take children if they thought them to be unsafe.
They did however have a warrent drawn up maybe a day or 2 later to arrest me for criminal charges. I guess my lawyer can question my daughter since according to the reports out statements didnt match.. how they didnt is beyond me. She told them she fell off her bike.. and when asked about the other bump on her hear she said I dont know.. They asked ( the police) her over and over again. At least 3 times. Finally she said go ask my mom she might know. Or something to that affect.

[anxiousmom]

Marina stated:

"You can't be put on the registry unless it is court ordered."

Is this true in all states? In Texas?

I assumed I & my estranged husb. on in the registry from when we had a case with cps in 2002....the 1st time they came out. It was due to our house being in a mess. They "worked" with us for about 3 months.....counseling, got the house cleared out, psych. evals. on my, husb. & oldest child.

The courts were not involved & the chldren were not removed.

But, then, years later--in 2004 & 05--my husb. was able to work as a substitue teacher in elementary & jr. high schools. Wouldn't they have chedked to see if he was on the registry & if he was, would he have been allowed to substitue teach?

They came out 4 more times when neighbors again called about our house....all of the times except one I was still with him. Each case was ruled as unsubstantuated.

Then, this last time in May 06 when they came out......I was separted from my husb., divorce in progress. That is when they told me to take the kids to my husb's apt. until I got the house cleared out & that I would have to maintain it. That is when the next week they said they would be going to court to get tempoary managing conservatorsship.

So, I've assumed I was in the registry from the 2002 case & the 2006 case, as both were ruled as founded & sited as neglect.

We had wanted to appeal the 2002 decision, but didn't because the worker was like "You can appeal it, but it rarely works & then all it does is start the case all over on you."

What bugs me is the tem neglect.....the definition they have for it is failure to provide adequate housing, food or clothing. Well, the kids always had tons of clothes & always had food. We live in a brick house in a nice neighborhood.....so, they have a house, it was just messy & hoarded with stuff.

The other 4 times they came out & ruled it as unfounded, I ASKED them to stay involved with our family.....to keep me accountable, keep coming out & checking on the condition of my house, as I WANTED to overcome the hoarding & needed some help in doing so.

But, they were like "We don't do that."

So, instead of offering proactive, preventative help, they do nothing but open a case to "work with you" & then if they open another case, remvoe your children.

WHY not HELP families that ARE NOT abusing their children, ARE good parents, children ARE well adjusted & cared for but the family could use some help in improving in some areas?

[royal_alez]

I dont think he would of been able to be a sub teacher if he was added to the registery. I am guessing if he wasnt than you werent either.. The only way to know for sure is to check it out or ask them if they added you. They can tell you if they did or didnt. But I dont know if I would believe them.. after all of what they have done.

Just my thoughts on the matter.

Dannan

[anxiousmom]

I don't want to ask them....if they didn't, then they might if I draw attention to it.

How can I check my state's registry in TX? I don't think I can.

[Marina]

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Here are the state links

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

Texas central registry

http://www.childwelfare.gov/systemwide/ ... cessSearch

Texas Review of registry

http://www.childwelfare.gov/systemwide/ ... cessSearch

Texas Disclosure of records

http://www.childwelfare.gov/systemwide/ ... cessSearch