Hello
As usual I have to start by saying its been a while etc., but we have had a recent victory through the court I hope is encouraging to others.
Our judicial review was ruled on in our favor. The court ordered CPS to take our name off the child protective index. He also ruled that there were due process and constitutional violations by the state and that they unnecessarily prolonged our case and unlawfully withheld evidence.
Of course they will appeal and we will proceed with the other legal actions but it pays to know that sometimes victims have victories.
Take care
FINN
A Victory
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cambreenellie
- Posts: 126
- Joined: Mon May 12, 2008 12:42 pm
Thanks
The exact words at the end of the decision were:
"In this case, remand (to send back to the agency) is not appropriate given the overwhelming medical evidence that Jessica died from prescription errors combined with her underlying medical conditions, the lack of any evidence to support DCS’ claims, and DCS’ refusal to correct its own mistakes. For four years, DCS has unreasonably delayed and unlawfully withheld findings consistent with the medical evidence, causing irreparable and continuing harm to the family.
Under these circumstances, I am ordering the agency to immediately unsubstantiate the December 5, 2005 and March 23, 2007 substantiations and to remove Mr. and Mrs. Finnegan from the child protection index."
The exact words at the end of the decision were:
"In this case, remand (to send back to the agency) is not appropriate given the overwhelming medical evidence that Jessica died from prescription errors combined with her underlying medical conditions, the lack of any evidence to support DCS’ claims, and DCS’ refusal to correct its own mistakes. For four years, DCS has unreasonably delayed and unlawfully withheld findings consistent with the medical evidence, causing irreparable and continuing harm to the family.
Under these circumstances, I am ordering the agency to immediately unsubstantiate the December 5, 2005 and March 23, 2007 substantiations and to remove Mr. and Mrs. Finnegan from the child protection index."
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