Important question
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Important question
I don't know who to ask, I do not know why this hasn't occured to me til now my cps problems started on aug 5th , its now sept 26. Cps went to my kids school, and video taped them saying some outrageous things, all of wich are untrue , we are not sure why the kids said these things, but we immediately talked to the children, and they admitted to making some of it up. later they were re interviewed on tape and said so as well and disclosed absolutely nothing. So we were originally going to go to trial, we opted out of that , mostly because they backed way off, and our children were never removed from the home, they were REQUESTED to go stay with grandparents for 6 days ., so we could clean. to get to my question, HOW do we get these tapes??? I haven't even seen them. but guilty or not (of neglect) we plan to have our names expunged and all of that, I am wondering what happens to these tapes and how we GET RID OF THEM, also I have been reading my state laws requarding old records / expungement ect, and I am soo confused,while preparing for court , CPS pulled up 9 unfounded reports on me from as far back as SIX years ago, and I read they are only supposed to be in the registry for 3. any advice on these things would be great , I know I tend to repeat myself a bit on the boards, but I do appreciate all of you who try to help. thank you ~Kelz~
to get the files and tapes (Which they might not let the tapes go) for the investigation, you have to request it in writing. Check your state and see how they require it gets done.
In VA, once the investigation is COMPLETE, you can obtain investigation case files in writing via the social worker (always send cert. mail so they cant claim they never got it). They have X amount of days (depending on your state) to comply with your request. but the investigation has to be COMPLETED before you can get anything.
When I wrote my letter I stated I wanted all letters, audio and video tapes if any that pertain to me and my family, as per the freedom of information act and stated the code of VA that it fell under.
However, in the fine print it states that they will not release any confident. information like reporter ect, and will not release anything they feel may put the children in jeporady. (the tapes).
Check with your state to see what the procedure is there.
In VA, once the investigation is COMPLETE, you can obtain investigation case files in writing via the social worker (always send cert. mail so they cant claim they never got it). They have X amount of days (depending on your state) to comply with your request. but the investigation has to be COMPLETED before you can get anything.
When I wrote my letter I stated I wanted all letters, audio and video tapes if any that pertain to me and my family, as per the freedom of information act and stated the code of VA that it fell under.
However, in the fine print it states that they will not release any confident. information like reporter ect, and will not release anything they feel may put the children in jeporady. (the tapes).
Check with your state to see what the procedure is there.
If I understand correctly, the case is still open. Since momoffor touched on the closed case scenario, I will attempt to convey my understanding of an open case... (This information comes from what I believe (disclaimer) I learned from my State- see left.)
If you have a lawyer, then s/he should have requested discovery. If these tapes were not included, then CPS should be in violation of failing to provide all the evidence. They are evidence, as they were used in processing accusations against you. If you don't have a lawyer and are defending yourself, you still have the right of Discovery, however, there are time limits.
I have only had one experience with expungement and that was with removing charges that were nolle prosequi in Tennessee for my now ex-husband. For me, it was as simple as showing the judgment to the office clerk with the filled out paper I got from the statutes and paying the fee. (I remember reading somewhere that they amended the expungement statute and it isn't that simple anymore.)
I am not sure whether you want the tapes so that you can view them, or if the most important thing is that they are destroyed. If it is more important that they never rear their ugly heads again, then I would just make sure that they are specifically identified when you go for expungement. Of course, if you ever plan on suing them, I don't think I would go that route.
If you have a lawyer, then s/he should have requested discovery. If these tapes were not included, then CPS should be in violation of failing to provide all the evidence. They are evidence, as they were used in processing accusations against you. If you don't have a lawyer and are defending yourself, you still have the right of Discovery, however, there are time limits.
I have only had one experience with expungement and that was with removing charges that were nolle prosequi in Tennessee for my now ex-husband. For me, it was as simple as showing the judgment to the office clerk with the filled out paper I got from the statutes and paying the fee. (I remember reading somewhere that they amended the expungement statute and it isn't that simple anymore.)
I am not sure whether you want the tapes so that you can view them, or if the most important thing is that they are destroyed. If it is more important that they never rear their ugly heads again, then I would just make sure that they are specifically identified when you go for expungement. Of course, if you ever plan on suing them, I don't think I would go that route.
the tapes
thank you for the replies thusfar, yes the case is still open, yes I have a lawyer, the tapes were not part of the discovery, I believe cps offered to let us/ my attorney and myself view them once, I say i think because it was a conversation between 2 attorneys, and I think mine declined, as she felt no need , since they said nothing , and there were written statements to that fact. I want the tapes , because I feel they are MINE. if in any other situation a picture or tape of my child was obtained without parental permission, and the subject in those tapes was MY kids, we should be entitled . I dont know if I would use them in a lawsuit at a later time, I either want them or I want to have absolute proof that they are destroyed, my issue at the moment is, however long our case remains open that A. they could pop up as evidence at a later time, or B. if they get my kids on tape once , they could just feel free to do it again. this is all I have found so far in my own research
Storing, Retaining, and Purging of Taped Interviews
Staff must never erase an audiotape or videotape.
Staff must store videotapes and audiotapes in locked rooms or cabinets. Staff must retain the audiotape or videotape for the life of the record.
When the paper case is destroyed, the used audiotape or videotape must not be reused. It must be destroyed in a manner that prevents the material on it from being disclosed. See sections:
2246.3 Confivdentiality of Taped Interviews
1470 Retention and Disposal of Case Information, for policy on retention schedules and destruction of cases, including audiotapes and videotapes.
Storing, Retaining, and Purging of Taped Interviews
Staff must never erase an audiotape or videotape.
Staff must store videotapes and audiotapes in locked rooms or cabinets. Staff must retain the audiotape or videotape for the life of the record.
When the paper case is destroyed, the used audiotape or videotape must not be reused. It must be destroyed in a manner that prevents the material on it from being disclosed. See sections:
2246.3 Confivdentiality of Taped Interviews
1470 Retention and Disposal of Case Information, for policy on retention schedules and destruction of cases, including audiotapes and videotapes.
I have found that even though I want to help on this site that my main problem is that I have what is considered non-mainstream forms of fighting back. And those with a lawyer makes that style unavailable. So any advice I give is always tainted with my true beliefs.
So, having never actually worked with a lawyer I am just throwing out ideas at this point:
The fact that your lawyer declined the tapes would not mean that YOU declined the tape. I would talk to your lawyer and tell her that you want a copy of the tapes. She should be able to do this easily.
Since the case is not closed I would think that 2246.3 does not apply at this time. This pertains only to closed cases, so at this point it appears to me that you still have rights to the tapes.
Being as they are claiming that the taped interview is not (at this time) being used as evidence, then they shouldn't be able to try to claim that the information contained on them could place your children in danger, which was actually only linked to 2246.3- in my quick view of the rules.
I will see what else I can find. Only drove through your state twice in my life, so I don't know anything about the statutes.
Now, the other side, aka my speech. I think it is important to remember that the rules stated in the CPS Handbook are meant to control the powers of the department, not your power. It controls what THEY can and cannot do. If you are being charged with a criminal act, then the rules in the Bill of Rights and Rules of Criminal Court would apply to you.
So, having never actually worked with a lawyer I am just throwing out ideas at this point:
The fact that your lawyer declined the tapes would not mean that YOU declined the tape. I would talk to your lawyer and tell her that you want a copy of the tapes. She should be able to do this easily.
Since the case is not closed I would think that 2246.3 does not apply at this time. This pertains only to closed cases, so at this point it appears to me that you still have rights to the tapes.
Being as they are claiming that the taped interview is not (at this time) being used as evidence, then they shouldn't be able to try to claim that the information contained on them could place your children in danger, which was actually only linked to 2246.3- in my quick view of the rules.
I will see what else I can find. Only drove through your state twice in my life, so I don't know anything about the statutes.
Now, the other side, aka my speech. I think it is important to remember that the rules stated in the CPS Handbook are meant to control the powers of the department, not your power. It controls what THEY can and cannot do. If you are being charged with a criminal act, then the rules in the Bill of Rights and Rules of Criminal Court would apply to you.
samangjen wrote: Since momoffor touched on the closed case scenario
It is for a closed investigation that I touched on. Not a closed case. In VA they have 90 days to conduct the investigation. Once the investigation is complete that is where the fun begins or the 'case'.
In otherwords, once they decide it has been founded, thats when the investigation is over and the case begins. Thats when you can get access to the investigation files to fight the actual case, meanwhile, you have to go through whatever they want/require you to as you are appealing the investigation findings. In otherwords, you wont know what you are fighting until you get the records from the investigation to disclose point by point what you they are using against you ect.
right now we are in the "assesment phase" this is where the friendly worker comes in and gets your life history ect., and she is working on a case plan, on oct 6th we have the Dispotitional hearing, I have been concidering withdrawning/ recinding my signiture on the consent decree, I don't know if I will see this case plan before my worker sends over new IHB service workers.She said she was putting in the refferal last week. I don't know ,, can't remember if I mentioned there is 2 tapes one says bad stuff,, NOT like criminal bad, just not in a good light, the other is the kids reversing what they said on the first., so I imagine at some point 4 years from now , some jerk-off will call me in, and the second tape will disapear. I was thinking I should be able to use tape 2 in my defense, but we are not defending ourselves, however we may need to defend ourselves in the future. In addition I last saw my worker on the 16th, she said she would come back and hang out one afternoon in the park with me and the kids. I'm getting the feeling, thats not going to happen. well thnx again, if I have any luck with the tapes , I'll let you all know. ~Kelz~
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