Appeal Hearing

[Mom2Jasper]

My significant other has appealed his indicated finding for risk of substantial harm/injurious environment, with the DCFS hearing set for August. From the beginning, DCFS wanted to indicate me as well (per the investigator herself) for "failure to protect" my children. My significant other has moved out of the home and is not allowed back or I will be indicated. I am in intact services with my service plan being delivered on Monday for parenting and domestic violence counseling. The problem is, the MAJORITY of what is in the investigative file (I've seen the 130 page report) is incorrect and/or hyper-inflated. The ONLY reason they didn't indicate me as well is that they felt I was a "victim" of domestic violence. I am NOT.

My 15 year old, 17 year old, and myself have been subpoenaed by DCFS to testify in the appeal hearing. I am TERRIFIED that they will find ANYTHING that we testify as "evidence" against me. Either I witnessed abuse and didn't protect my kids as they say, or I am lying to "protect" my significant other. My 15 year old has special needs and cannot remember things accurately from the same day so I'm afraid of what will happen with his testimony as well. I do NOT trust any DCFS worker, period, after this. I cannot afford an attorney at this point. Has anyone been through an appeal hearing? What was your experience? Can they use testimony against me during the hearing and apply it to my open case?

I really appreciate any input. I feel like my head is spinning, and every time I feel like I have a "grip" on things, I'm hit with something new.

[dieharddad]

you say they wanted to indicate you as well. did they investigate you. you would know this as they must provide you written notice that you are being investigated. Next, why, if you have not been indicated are you performing any services? Also, if you cannot afford an attorney, then one should be appointed to you, but that is only if you are the subject of the investigation. If they are just calling you in to testify in your sig other's appeal, then you have the right to not incriminate yourself and take the 5th on any such questions (I believe). does your sig other have an attorney? I can't believe that your children would be required to testify without your consent (and I would not give it).

[LindaJM]

Mom2Jasper:

Definitely try to get an attorney to help you through this. Most attorneys will give one free consultation. You might find someone willing to take payments.

You sound so fearful and confused about what to do; I totally understand.

My policy has always been to tell the truth and let the chips fall where they may; that way you keep your integrity.

I have not been through an appeal hearing so I can't tell you what it is like.

Yes, they could use your testimony against you with CPS but probably won't. I think getting your spouse out of the house was their main goal. They aren't likely to come back at you for failure to protect if you're now being protective and doing what they say. I can't promise they won't re-attack you, but my gut feeling is that they're unlikely to... especially because your children are older and not "adoptable" according to their guidelines.

...

Every morning I read Psalm 34 and your situation of being in fear reminds me of this verse:
"I sought the Lord and He heard me, and delivered me out of all my fears." Psalm 34:4

...

Dieharddad,

I really appreciate you answering this, but some of the things you wrote surprised me. This is not unusual because CPS operates differently in different states. There are fifty states and I can't keep up with everything that's being done and all the changes. So, tell me about this...

1. You wrote "they must provide you written notice that you are being investigated" . . . I've never heard of this before. My experiences with CPS were that there was no written notice at all given for investigation or when a case was closed without further action (going to court.) I know some states provide written notice but don't know which states or when they send these notices out. Please tell me more...

2. You wrote "if you cannot afford an attorney, then one should be appointed to you, but that is only if you are the subject of the investigation." . . . I thought attorneys are only appointed if you go to a juvenile court hearing and don't have one. If this is different in your state, please let me know what state provides attorneys during an investigation.

Thanks... again, for your feedback. I'd like to know more about how CPS is being handled in your state.