Unjust treatment of My son-in-law by Alabama DHR

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gragsdal
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Location: Tennessee

Unjust treatment of My son-in-law by Alabama DHR

Postby gragsdal » Wed Jun 13, 2007 12:09 pm

I live in Tennessee but I am here to try to find an avenue of help for my daughter and her family in Alabama. Her husband has had accusations made against him, from when he was sixteen , in texas, and Alabama DHR has come in and mandated that for him to be around his children, he has to have a "SUPERVISOR" with him, he cant even sleep in their home. This is really causing a hardship on them and seems there is no end to the threats to take the children from them. He is forced into councelling and has had no charges brought up against him. Anybody that know what avenues they can explore for a solution "please help". Allen
I am here to try to find an avenue of help for my daughter and her family in Alabama. Her husband has has accusations made against him from when he was sixteen , in texas, and Alabama DHR has come in and mandated that for him to be around his children, he has to have a "SUPERVISOR" with him, he cant even sleep in their home. This is really causing a hardship on them and seems there is no end to the threats to take the children from them. He is forced into councelling and has had no charges brought up against him. Anybody that know what avenues they can explore "please help". Allen

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Frustrated
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Postby Frustrated » Wed Jun 13, 2007 12:51 pm

I don't know how to help or answer to your questions or give you more advice unless you tell us what the circumstances are, and what the allegations are? when did this start? Did he get criminally charged? Did he go to Criminal Court? or Family Court? Is there presently conditions for him to stay away from the home?

As it stands for right now, there is a Youth/Juvenile Act where people are not supposed to look at confidential files, because they are sealed. He was 16, so hence those files were supposed to be sealed according to the Youth/Junveile Act. Unless he was already criminally charged at that time, the Criminal Courts will have a record of him being there. But the circumstances of the files are not released to the public. Not even to CPS. Unless the Man had signed Release Consent Forms. Otherwise, if he did not sign, the CPS were not supposed to have these files according to Youth/Juvenile Act. THere is a Law where the files cannot be seen by anyone, but the Court Officers/Judge to protect the Juvenile.

Find out if your State has such Law to protect these files under the age of 18. If CPS has illegally obtained these files from when he was 16, then the Law is being broken. They were supposed to get the files with Release Consent forms signed by your son in law.
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 » Wed Jun 13, 2007 1:58 pm

.

Hi,
Welcome. How did you find this site?

Learn all you can about Child Welfare. Here is the federal site:

http://www.childwelfare.gov/

and here are the state laws:

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

.

gragsdal
Posts: 4
Joined: Tue Jun 12, 2007 6:03 pm
Location: Tennessee

My son-in-law in Alabama

Postby gragsdal » Wed Jun 13, 2007 5:23 pm

This was allegations that were made in Feburary of this year by a family member that was living in the same house with him in Texas 8 years ago. They we made to Alabama DHR and they have not charged him with anything. They have grilled him with the most disgusting question that you can imagine and have used his Faith in God to try to make him look like the worst kind of degenerate. He cannot be unsupervised around his children, that love him very much. He is a hard working man, they don't have much and this is such a burden on them. They either have to have the children stay with other family member, of he has to find somewhere to stay. This has been going on since Feburary, and they keep making more demands on them and keep threating to take them from them.
I am here to try to find an avenue of help for my daughter and her family in Alabama. Her husband has has accusations made against him from when he was sixteen , in texas, and Alabama DHR has come in and mandated that for him to be around his children, he has to have a "SUPERVISOR" with him, he cant even sleep in their home. This is really causing a hardship on them and seems there is no end to the threats to take the children from them. He is forced into councelling and has had no charges brought up against him. Anybody that know what avenues they can explore "please help". Allen

lostintranslation
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Postby lostintranslation » Thu Jun 14, 2007 2:52 am

Are the allegations 8 years old?

What are the specific allegations?

Are the allegations being made relevant to his children?

Is there a service plan in place?

Has the family been to court?

Are there specific court orders stating he can't be near his children unsupervised?


Unfortunately, we can't help very well unless we know certain specifics of the case/allegations.
Hell hath no fury like a parent scorn

gragsdal
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Location: Tennessee

Postby gragsdal » Thu Jun 14, 2007 4:15 am

Are the allegations 8 years old? YES AND AFTER THE ALLEGATIONS WERE MADE TO ALA. DHR, THEN SHE RECANTED THOSE ALLEGATIONS TO PHYCHIATRIST, BUT THAT DIDNT SEEM TO MATTED TO DHR.

What are the specific allegations? IMPROPER CONDUCT WITH A MINOR CHILD, FEMALE

Are the allegations being made relevant to his children? NO

Is there a service plan in place? NO

Has the family been to court? NO

Are there specific court orders stating he can't be near his children unsupervised? THEY HAVE NOT SEEN ANY ORDER OR BEEN SERVED ANY DOCUMENTS TO THIS EFFECT. EVERYTHING SO FAR IS VERBAL.


Unfortunately, we can't help very well unless we know certain specifics of the case/allegations.
I am here to try to find an avenue of help for my daughter and her family in Alabama. Her husband has has accusations made against him from when he was sixteen , in texas, and Alabama DHR has come in and mandated that for him to be around his children, he has to have a "SUPERVISOR" with him, he cant even sleep in their home. This is really causing a hardship on them and seems there is no end to the threats to take the children from them. He is forced into councelling and has had no charges brought up against him. Anybody that know what avenues they can explore "please help". Allen

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good dad
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Postby good dad » Thu Jun 14, 2007 7:30 pm

Technically, they don't have to listen to DHR and can do whatever they want..

If there hasn't been a court order signed stating he can't be in the home or signed a service plan stating the same...

The Agency can and will ask you to do whatever they want...Your daughter doesn't have to do anything until the court orders it or they sign, agreeing to it in writing.(service plan)

Read this link
http://www.deltabravo.net/custody/cpscourtorder.php
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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Frustrated
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Postby Frustrated » Thu Jun 14, 2007 7:46 pm

I agree with Good Dad. They are capable of lying, and try to extort you into something that was not even signed. A Court order or a Signed Service Plan. Without one, there is no legal reasons for him not to be at the house.

However, if CPS finds out that he is still at the house, CPS could have applied to the Courts for Protection Application and remove the Children but they have to give a REASON To the Judge WHY the children needs protection. If the Judge does not see any evidence, such as no backgrounds as criminal background but they are surely going to use Pattern of Abuse (using 8 years ago). Saying that he is a risk to the Children.
No charges, no evidence whatsover, I don't think the Judge is going to agree to the Protection Application. CPS has to have a REAL GOOD REASON.
CPS knowing that they can't go to Court because of lack of evidence so they extort your daughter threatening to make him leave the house or "else".

Because if CPS knew they can do this, they would have DONE IT ALREADY!!! not today, but 8 years ago. :roll: The risk or imminent danger of harm has to act quickly within 12 hours prior to the incident. (that's for sexual abuse, they have to act quickly within 12 hours prior to the incident) but other abuses would be within 24 hours to a Week. They can't just wait for a Month for something to happen. or else the imminent danger of harm goes out of the window. and the Judge will know this. That's why CPS is not acting on this so instead they extort your daughter telling her that he has to stay out of the house.

Does he have a Lawyer? He needs one to protect his interests.
As it stands of right now, there are no current court order stating that he cannot be at the house, and there are no current signed service Plan. Don't sign the Service Plan until consulting with a Lawyer. There is no standing orders preventing him to be at the house.
How long has it been? since February? has he been out of the house since then? or was in the house still? If he was in the house all along, then the immienent danger of harm time line becomes meaningless for CPS to use the reason that he could be a risk to the children but aren't. If the CPS knew that he was in the house, so they can't convince the Judge that he is a risk because the time line lasped. about 5 months.

Better tell him to consult with his Lawyer just to be sure.
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

gragsdal
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Location: Tennessee

Reply To Frustrated

Postby gragsdal » Fri Jun 15, 2007 6:49 pm

They have talked to a couple of lawyers and no one wants to do anything until charges are made, then only if they can come up with an amount of money that they cant possibly come up with.
These allegations came out in Feburary, so for all this time, the accuser said nothing until then.
I can't believe they are having to go thru this. I was borned and raised in Alabama and never in my life have I been so digusted with a government agency. I know that there are people out there that are terrible to children, and I don't have the answer to how we differetiate between them and those who are unjustly accused. But I do know in my heart that my Son-in-law is a good Dad and he has two great kid that love him.
I am here to try to find an avenue of help for my daughter and her family in Alabama. Her husband has has accusations made against him from when he was sixteen , in texas, and Alabama DHR has come in and mandated that for him to be around his children, he has to have a "SUPERVISOR" with him, he cant even sleep in their home. This is really causing a hardship on them and seems there is no end to the threats to take the children from them. He is forced into councelling and has had no charges brought up against him. Anybody that know what avenues they can explore "please help". Allen

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Dazeemay
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Postby Dazeemay » Fri Jun 15, 2007 10:44 pm

http://forum.fightcps.com/viewtopic.php?t=4153

Go to the link above and read it. This is for a Will.

It may cost you to do this but, it will cost you more in the long run if they decide to get a court order. Get it done as soon as possible.

Have your daughter and son-in-law name as many people as possible starting with you as grandparents whom they can really trust to be guardians.

Once cps realizes the children have many guardians (do not use parents who have children because this puts them in jeporady). they might back off. If a court order happens ususally a judge will have a home study done on the guardians but, I am just venturing here that if you have more than one set of guardians listed he might just not do anything and cps will back off.

This way your grandchildren will be protected from being put with strangers. Also read everything on this site and always be informed from now on.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Frustrated
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Postby Frustrated » Sat Jun 16, 2007 10:44 am

You stated:

They have talked to a couple of lawyers and no one wants to do anything until charges are made, then only if they can come up with an amount of money that they cant possibly come up with.

So technically, as for now, there are no formal charges and no standing court order preventing him to be at the home. Even no Service Plans. It sounds like he is ok around children. because if CPS thinks he is a threat or a risk to the children, they would have done it already.

Dazzemay is right, they got to be prepared to write up Guardianship papers to protect the Kids. I don't know what to do at the present time, as the Lawyer would know more than I.

What was the Lawyer's suggestion/advice? did he say it is ok to be at the home? or he is not saying anything about it until the charges are laid? IT SOUNDS LIKE HE IS A MONEY GRUBBER< WANTS MONEY ONLY AND NOT PROTECTING YOUR SON in Law's INTERESTS.

GET ANOTHER LAWYER.
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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Dazeemay
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Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Sun Jun 17, 2007 7:24 pm

http://www.childguardianship.com/

This is an inexspensive way to do a guardianship through a will.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1


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