Help with an outline format for a DHS appeal hearing?

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Busymom
Posts: 5
Joined: Thu May 08, 2008 8:59 pm

Help with an outline format for a DHS appeal hearing?

Postby Busymom » Fri May 30, 2008 7:52 am

My kids are still in my custody, and no charges have been filed (nor will be), but I've appealed Human Service's determination that my spouse abused our daughter, and I'm trying to prepare.

Oh, yeah. No lawyer. Legal aid won't help, and since it's not a criminal case they're not required to provide one.

Any help/advice will help? :sigh:

TIA

debbiescalese
Posts: 460
Joined: Thu Jun 28, 2007 4:55 am
Location: WV

Postby debbiescalese » Sun Jun 01, 2008 1:33 pm

umm if the state has you in court and have removed your kids you are entitled to a lawyer a court appointed lawyer at bare min. Doesn't matter if no crimnal charges have been filed. In my case no criminal charges but we were offered a court appointed lawyer and the judge would not do anything untill we had councle pressent.

Marina
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Postby Marina » Sun Jun 01, 2008 1:53 pm

.

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

Review and Expunction of Central Registries and Reporting Records


Here is the link to the State Statutes.

http://www.childwelfare.gov/systemwide/ ... ies/state/

Under the section "Child Abuse and Neglect," go to the 6th option titled "Establish and Maintenance of Central Registries for Child Abuse Reports."

Check your state and find out how to get a name cleared. This is important, especially if a parent has a job working with children.




http://forum.fightcps.com/viewtopic.php?t=4623

Here is a collection of articles on various types of appeals.

.

Busymom
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Joined: Thu May 08, 2008 8:59 pm

Postby Busymom » Sun Jun 01, 2008 4:14 pm

debbiescalese wrote:umm if the state has you in court and have removed your kids you are entitled to a lawyer a court appointed lawyer at bare min. Doesn't matter if no crimnal charges have been filed. In my case no criminal charges but we were offered a court appointed lawyer and the judge would not do anything untill we had councle pressent.


They told me that since the hearing is due to my appealing their determination, that they're not required to provide anything.

The judge supported my request for copies of the CPS "interview" recordings, and the county was supposed to have them in my hands by 5/22. Surprise! :roll: Nothing but their bull-**** MCRC report.

I'm so frustrated.

Marina wrote:.

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

Review and Expunction of Central Registries and Reporting Records


Here is the link to the State Statutes.

http://www.childwelfare.gov/systemwide/ ... ies/state/

Under the section "Child Abuse and Neglect," go to the 6th option titled "Establish and Maintenance of Central Registries for Child Abuse Reports."

Check your state and find out how to get a name cleared. This is important, especially if a parent has a job working with children.




http://forum.fightcps.com/viewtopic.php?t=4623

Here is a collection of articles on various types of appeals.

.


THANKS, both of you!

debbiescalese
Posts: 460
Joined: Thu Jun 28, 2007 4:55 am
Location: WV

Postby debbiescalese » Wed Jun 04, 2008 2:01 pm

My case no criminal charges, no removal, no trial, just hearings ...we got the option for a court appointed lawyer. They are full of s**t.

Busymom
Posts: 5
Joined: Thu May 08, 2008 8:59 pm

Postby Busymom » Wed Jun 04, 2008 2:34 pm

Did the state require you to go to court?

From what I understand, we have been VERY lucky.

The new case worker terminated the "safety plan" that required my husband to be supervised with our daughter. (YAY! It was costing us a fortune)

They never took us to court. The hearing we have coming up is a "Human Services" hearing before a judge.

They still should provide a lawyer? Is this true in all states? I haven't been able to find any info for MN.

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good dad
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Location: Minnesota

Postby good dad » Wed Jun 04, 2008 5:01 pm

They still should provide a lawyer? Is this true in all states? I haven't been able to find any info for MN.


I think your refering to an Administrative hearing and since it isn't "technically" court, I don't think Mn has to appoint you an attorney.

You need to show that CPS was wrong in their "findings", terminating the safety plan is one of the points to focus on. Without knowing more I can't say what else to use.
*********************
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....

MaggieC

Postby MaggieC » Wed Jun 18, 2008 6:21 pm

In real court you could file a motion to compel and a cross motion of contempt of court-that is to compel them to turn over the documents or be in contempt. And as the Judge in your court directed them to provide the materials, well, that is good.
They don't expect you to do anymore but you should be able to pursue this.
I am not sure of your state or the rules of court of your state and I am not an atty but this might be something for you to look into.
Most states are mandated to offer assistance via the court clerks to pro se applicants-If you have still not received the documents so ordered by the court and wish to take pro se action and if I can help to direct you to the proper websites and forms-please let me know.


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