I Would like some input, opinions, suggestions..Please.

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debbiescalese
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I Would like some input, opinions, suggestions..Please.

Postby debbiescalese » Sat Sep 29, 2007 11:17 am

I had court again this week, so this got me thinking. the two sides of the story are thiers: my9 year old molested my boyfriends 6 year old, they support this as being "substantiated" with 1) the fact the 6 year old said this to her therapist, the fact the 6 year old said it to cps workers, and that the 6 year old is traumatized suffering with behavioral problems. her mother claims she "wets her pants" "double dresses" and "has behavior problems" "is agressive" The 6year old has an IQ of 119. 2) the 9 year old had a behavior problem in kindergarten, that was it, there was a cps investigation that the kindergarten teacher made saying that the child reported to her "her dad shoved a broom up her butt" this was unfounded we had 1 visit from socialworkers that was it no case opened, 9 year old said she did not do it, they have a psychological stating well nothing factual and just asked a bunch more questions, most of the psychological can be disproven but cps wants to use that one. CPS has the 9 year old with a IQ of 83 which it states is not consistant with the 104 she tested with previously and the fact that she is on grade level in all subjects.
Our side 1) 6 year old was not wetting her pants in school when we had her after the alligations were made, she was not double dressing in fact I frequently had to tell her to put a sport bra on before school, she never wet the bed. She had behavior problem that were present well before she ever met the 9 year old and was frequently suspended from school for such behavior including stabing other kids with sissors, penciles, and scratching them with her nails and stepping on thier hands on purpose. Behavior was getting better after alligations were made then her behavior declined when she went to live with her mother. 2) the 9 year old is reporting she has not done anything in therapy. the therapist has stated "I don't belive she has been molested or is molesting others" the psychological she had done with cps states she had enuresis I have pedi records and school record indicating she doesn't no mention of it in either records we also have the therapist stating she does not suffer from "sucidle thoughts" as reported in the cps psychological. We had our own psychological done completely different in most aspects and is stating cps is the source of this kids issues.
Boils down to they say she did it but everyone who actually has worked with and knows this child is stating differently and disagrees.
Now here is the question. the GAL is the legal rep for both kids ...well actually all my kids and all my boyfriends ex wife's kids. I have never except for once to tell her of a problem with child support talked to this woman. This GAL has not ever talked to the service coordinator at my daughters place where she gets therapy. She has never spoken to any of the kids never asked to. Isn't she suppose to? Shouldn't she at very least talk to my daughters place of therapy and find out what thier take is? Shouldn't she have more info than just what cps tells her to adquetly rep my daughter in this case. How is she suppose to consider the best intrest of my child if she wouldn't know the child if she walked up to her and bit her!? Should I call her and ask her to sit down with us and the therapy staff? Or just ask her to call the therapy staff and talk to them? Or bottom line having the same GAL represent both kids isn't that a conflict of intrest? What are your thoughts on this?

Marina
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Postby Marina » Sat Sep 29, 2007 12:18 pm

.

Do a web search for

West Virginia guardian ad litem

.

debbiescalese
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Location: WV

Postby debbiescalese » Sun Sep 30, 2007 4:02 am

This is what I found doing that:

West Virginia:
Guidelines for Guardians Ad Litem
in Abuse and Neglect Cases

(from Appendix A to the West Virginia Supreme Court of Appeals opinion in
In re Jeffrey R.L., 435 S.E.2d 162, 178-80 (W.Va. 1993) )
APPENDIX A

GUIDELINES FOR GUARDIANS AD LITEM IN ABUSE AND NEGLECT CASES

Initial Stages of Representation

1. Notify promptly the child and any caretaker of the child of the appointment of counsel and the means by which counsel can be contacted. (child doesn't know her she was not notified)

2. Contact the caseworker and review the caseworker's file and all relevant information. (she contacted case worker and only goes by her info)
3. Contact and interview persons such as older children, caseworkers, and caretakers who may have information with respect to the child and obtain names and addresses of hospital personnel, physicians, teachers, law enforcement, and other persons who may have pertinent information regarding the child and interview them. (only talks to cps worker has never talked to therapist, pedi, teacher, etc)
4. Absent extraordinary circumstances and the child is three or under:

If the child is in the care of someone other than the respondent(s), conduct interviews with the child's caretakers concerning the type of services the child is now receiving and the type of services the child needs and visit the child in the caretaker's home, making observations of the child or

If the child is in the care of the respondent(s), request from the respondent(s)' attorney interviews with the respondent(s) concerning the child's care and the type of services the child needs and visit the child in his/her home, making observations of the child. If refused, ask for assistance of the court.(never asked never refused)5. Absent extraordinary circumstances and the client is over three:

If the child is in the care of someone other than respondent(s), conduct interviews with the child's caretakers concerning the type of services the child is now receiving and the type of services the child needs.

If the child is in the care of someone other than the respondent(s), conduct interviews with the child in a manner and environment appropriate to the child's age and maturity to obtain facts concerning the alleged abuse or neglect and to determine the child's wishes and needs regarding temporary visitation and/or placement.

If the child is in the care of the respondent(s), request from the respondent(s)' attorney interviews with the child out of the presence of the respondent(s) in a manner and environment appropriate to the child's age and maturity. It is essential that the guardian ad litem understand that the interview is for the purpose of gathering information not influencing information. If refused, ask the assistance of the court. (not done)
6. Provide to the child, his or her parents, and any caretaker notice of the petition and all subsequent motions. (never done)

7. Maintain contact with the child throughout the case and assure that s/he is receiving counseling, tutoring, or any other services needed to provide as much stability and continuity as possible under the circumstances. (not done)
Preparation for and Representation at Adjudicatory and Dispositional Hearing

8. Pursue the discovery of evidence, formal and informal. (to my knowledge she has never seen evidence)
9. File timely and appropriate written motions such as motions for status conference, prompt hearing, evidentiary purpose, psychological examination, home study, and development and neurological study. (not done)
10. Evaluate any available improvement periods and actively assist in the formulation of an improvement period, where appropriate, and service plans. (she does go to mdt she sits and doen't say a word)
11. Monitor the status of the child and progress of the parent(s) in satisfying the conditions of the improvement period by requiring monthly updates or status reports from agencies involved with the family. (she does talk to the worker from cps)
12. Participate in any discussions regarding the proposed testimony of the child and, if it is determined that the child's testimony is necessary, strongly advocate for the testimony to be taken in a legally acceptable and emotionally neutral setting. (so far n/a)
13. Maintain adequate records of documents filed in the case and of conversations with the client and potential witnesses. (don't know about this one)
14. Ensure that the child is not exposed to excessive interviews with the potential dangers inherent therein. Before multiple physical or psychological examinations are conducted, the requesting party must present to the judge evidence of a compelling need or reason considering: (1) the nature of the examination requested and the intrusiveness; (2) the victim's age; (3) the resulting physical and/or emotional effects of the examination on the victim; (4) the probative value of the examination to the issue before the court; (5) the remoteness in time of the examination; and (6) the evidence already available for the defendant's use. (she has not approved or denied any interview or psychological and the sexual psy ordered by the dept found nothing, the woman was rude to my daughter and it was psychologically damaging)
15. Ensure that a child who is court ordered to be interviewed by a psychologist or psychiatrist is interviewed in the presence of the guardian ad litem attorney unless the court, after consulting the child's guardian ad litem, believes that the interview is best conducted without the guardian ad litem. (n/a no court orders)

16. Subpoena witnesses for hearings or otherwise prepare testimony or cross-examination of witnesses and ensure that relevant material is introduced.
(have not gotten this far in the process)
17. Review any predispositional report prepared for the court prior to the dispositional hearing and be prepared to submit another if the report is not consistent with all other appropriate evidence. (n/a)
18. Apprise the court of the child's wishes. (she wouldn't know the child's wishes she had not met any of them never talked to them)
19. Explain to the child, in terms the child can understand, the disposition. (n/a)
20. Advocate a gradual transition period, in a manner intended to foster emotional adjustment whenever a child is to be removed from the custody of anyone with whom s/he has formed an important attachment. (n/a)

21. Ensure that the court considers whether continued association with siblings in other placements is in the child's best interests and an appropriate order is entitled to preserve the rights of siblings to continued contact. (n/a)

22. Ensure that the dispositional order contains provisions that direct the child protective agency to provide periodic reviews and reports. (n/a)

Post-Dispositional Representation (whole section n/a at this point)
23. Inform the child of his/her right to. appeal.

24. Exercise the appellate rights of the child, if under the reasonable judgment of the guardian ad litem, an appeal is necessary.

25. File a motion for modification of the dispositional order if a change of circumstances occurs for the child which warrants a modification or represent the child if said motion for modification is filed by any other party.

26. Continue to represent the child until such time as the child is adopted, placed in a permanent home, or the case is dismissed after an improvement period.

[/b]

debbiescalese
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Postby debbiescalese » Sun Sep 30, 2007 4:06 am

so now how do I get this woman to do what she is suppose to be doing? Do I call her up and ask and if that doesn't work push harder. Or do I just shut up and tell the judge later that this woman did nothing and use it as cause to appeal if necessary. Or do I complain to the wv bar?

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good dad
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Postby good dad » Sun Sep 30, 2007 4:48 am

We had our own psychological done completely different in most aspects and is stating cps is the source of this kids issues.
Boils down to they say she did it but everyone who actually has worked with and knows this child is stating differently and disagrees.


I would get notarized statements from each professional that has met with the 6 year old, also, ask them if they will testify... CPS usually uses "new" psychologist because they will work at a cheaper set scale, yours may have more experience and higher credentials which is hard for a judge to overlook.
CPS will never enter evidence or reports that doesn't fit "their theory" of abuse...YOU must!

Also, have them state that the GAL has never contacted them for any reason and has never conducted any type of investigation.


so now how do I get this woman to do what she is suppose to be doing? Do I call her up and ask and if that doesn't work push harder. Or do I just shut up and tell the judge later that this woman did nothing and use it as cause to appeal if necessary. Or do I complain to the wv bar?


When is your next courtdate?
Does the GAL ever speak in court? If so, when she is finished speaking, ask the judge if you may ask him/her a few questions for the record..
Ask:
1.When was the last time she met with the children?
2. When was the last time she met with the therapist?
3. Last time she met with her teacher? pediatrition?

If he/she lies about anything, don't speak up and say," LIAR!", let them continue to hang themself through the rest of the questions..
Go through everything... Then have 6-7 copies of the statements showing he/she is lieing to hand out to all parties.(judge,GAL,caseworker,etc)

Ask the judge to remove the GAL from your case and place a written record of such in his/her employment file along with a reprimand or termination..

The only way you can ask they be charged with perjury
is if the were sworn in by the bailiff, you know: "Tell the truth, the whole truth and nothing but the truth so help you god"

Has the caseworker spoke with the therapist,pediatrician,psychologist?

Or do I just shut up and tell the judge later that this woman did nothing and use it as cause to appeal if necessary.


An Appeal only deals with what is "on the record"...If you say nothing in court, you CANNOT use it as a point to Appeal on.
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

debbiescalese
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Location: WV

Postby debbiescalese » Sun Sep 30, 2007 5:41 am

I think that is exactly what I should do. The only time the GAL has spoken in court was on 2 different ocassions. The first was when she was asked to set up child support and the judge just simply asked her to do so and she replied she would do that. Second time was in court on wed. The social worker that is on the case from cps did not show she had "training" that day (funny because this court date was on the calendar since last month) anyway when our lawyer asked why visitaion between tom and his daughter were cancled they judge turned to her and asked and she stated that they were suppose to be moved to a theraputic setting and that the worker called her and she advised her to let the parties know. (another words the bame the person who isn't there game) that was it she has never been asked anything else. Not like she would know the answer.

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good dad
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Postby good dad » Sun Sep 30, 2007 6:23 am

When is your next courtdate?
Has the caseworker spoke with the therapist,pediatrician,psychologist? child?
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

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

Postby debbiescalese » Sun Sep 30, 2007 7:22 am

Next court date has not been scheduled yet. I was told by the lawyer that next time will be an mdt probably end of OCt followed by court.
Case worker has been in contact with the "service coordinator" at the place my daughter receives theropy. She talked to him about 3mos ago, funny but we just happend to be there when he took the call I was in the room. The call lasted less than 5 min where he was TOLD to increase my daughters therapy to once a week and that the therapy should be more intensive due to the recomendations of the psychological that cps had done. From the side of the conversation I heard he was not asked any opinion simply told what to do. Later that day he spoke with the therapist and the therapist told him that was "excessive therapy" for this child he agreed to represent my child at the next mdt so he could bring up the issue. That was the only contact she has had with anybody involved with my daughter. The social worker has also not seen my daughter or any of my kids since a week before she spoke to the service coordinator. She has never contacted the pedi he probably doesn't even know there is an open case, the therapist her self has had no contact with the worker, school has no idea there is an open case, I have not been contacted since the last mdt by the worker. The worker has been in contact with the contract agency that does in home services. This woman "K" who comes to the house every weds. has 2 cases with this woman the worker calls her with conserns about the other family and when our family is brought up she says she had "no conserns" just keep up what your doing. Which is showing up for an hour and talking nothing about parenting except what was discused at the family meetings we have on monday nights she only askes about them because she thinks they are a neat idea and likes how I let my kids come up with solutions for "issues" we are having that week. So I show her the notes in the notebook I keep on it and she reports on that. Every mdt the case worker reports "parents are cooperating with in home services and all notes from in home services are positive" so she must be writting good things in them. So basically the only persons that are claiming we are bad parents are cps nobody not therapy personsor in home service persons see anything wrong.

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good dad
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Postby good dad » Sun Sep 30, 2007 10:29 am

A few questions..

Any idea what the age of the CPS psychologist is/was?

The age of the 2nd psychologist that she saw with the favorable report?

Does the judge seem fair?

Does your lawyer speak up for you or say only what is needed?
*********

1.A good lawyer should be able to show the only qualified individual that feels the case should be open is the first psychologist.
The caseworker isn't qualified, it's not her "area of expertise", she is going soley on his finding...

You have a few different "professionals" that state the exact opposite.

2.WV instituted a new "Program Improvement Plan" in 2003, it's new mission statement is:
“The Bureau for Children and Families provides an accessible, integrated, comprehensive quality service system for West Virginia’s children, families and adults to help them achieve maximum potential and improve their quality of life.”

http://64.233.167.104/search?q=cache:df ... cd=1&gl=us

By CPS ignoring or "not seeking" these other professionals opinions and not meeting with the therapist, pediatrician, 2nd psychologist, school, etc..and the GAL who does nothing.... it isn't a "comprehensive" or a "quality service" system and it's not improving your quality of life

The GAL is the "eyes and ears" of the court, she is the one that reports directly to the judge that everything is being followed..

All these faults are "weak links" in the chain that is set up to safeguard your family... I'd have the lawyer ask the judge if he would feel safe in your shoes with this "comprehensive quality service".. Then have him ask to dismiss the case
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

debbiescalese
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Location: WV

Postby debbiescalese » Sun Sep 30, 2007 4:46 pm

good dad wrote:A few questions..

Any idea what the age of the CPS psychologist is/was? She was a psychologist that specializes in a "sexual psychological exam" she was to my best guess in her early to mid 30's

The age of the 2nd psychologist that she saw with the favorable report? He must have been in his 50's he also did both mine and my boyfriends psychologicals he does not specialize in a specific tpye of psychological but has done psychologicals on both juvinille and adult sex offendors

Does the judge seem fair? He seems fair he at the second court hearing got on to the cps worker because he ordered visitation and 3 months later my boyfriend still did not have visitations so he said "I want him to see his daughter by the end of the week" and they got moving on it. He also seems miffed that they cancled Toms visit with his daughter last tues with out telling tom but the cps worker was not there to get yelled at. This last wed at court we were told we were going to stipulate to some parts of the petition but the judge would not hear that because it "caught him off guard" I think he wants the case dismissed.

Does your lawyer speak up for you or say only what is needed? the lawyer is new on the case. We had one before him but he never showed up to anything so we fired him and hired this new one. This was the lawyers first time in court for us. He did bring up the question as to why the visit was cancled with out any notice. He has had several high profile cases one which made the news a while back because the dad put a small child in the oven that was simply a no win case. He has had at least one other case that made the news as well that I know of. He has also said that we could probably get the first sexual psychological thrown out due to many provable falsehoods in it. *


As to the rest of what you stated. No medical doctor has been consulted. Possibly because there is no physical abuse/neglect that we are accused of. We are basically being accused of not beleiving CPS and not beliving anything happend. Not putting enough safeguards to prevent it from happening again. Well the first time a call went in we were told it did not happen from the worker, the second time we were told they were opening a case cause they can't rule it out and the child is reporting it to the therapist they wanted more info, third time a call went in we had 2 other family members there helping us watch the kids the kicker is they are a 5th grade school teacher and a bus driver and neither were questiond by the worker! No therapist has been consulted on my daughters end but there is a mention in the petition that she (the worker) had contact with the other childs therapist. No teachers have been asked anything. Basically cps is saying because the child told this to her therapist and has been treated for sexual abuse it must have happend and we allowed it to happen by failing to protect.
Now as for improving the quality of life that is a joke. If anything we are worse off for having cps here. 1) we have spent so far a total of $2500 in legal fee 2) Tom keeps having to miss work to meet with people and go to court and MDT's 3) when we had the psychological done on my daughter the psychologist said and I quote" your daughter has had one hell of a sexual education from cps hasn't she" and "your daughter seems to mistrust adults and I can understand why" I explaind to the psychologist that we only allow the kids to watch the disney channel or nickalodan so she wasn't exposed to regular tv so she can't get the sexual info via the tv. He said he could tell by what shows she said she watched on tv. He also said that "CPS has been anything but "child protective" twards my daughter and that he has had cases were something did actually happen and it took less time to straiten out.
Also we have now had 2 "investagors" from cps and 2 "case workers" The 2 investators were both (I looked it up) licesned social workers the first case worker was also a licesned social worker the current one has a temp license since feb 05. Now when the first case worker left the case she said it was because of "lack of communication" in court she said that my boyfriend threatend to sue her and "she belived he would do that" then the next day calls to give me the new workers name. The new worker said the other worker did not quit the case that "the way it works when it goes to court another worker takes over" so you mean to tell me they hand the case over to a worker with less experience to go to trial? Makes no sense to me! This whole case has caused stress worry anxiety and the only fight (verbal not physical) in 2 years that my boyfriend and I have had. It has distroyed my daughter emotionally every time my boyfriend mentions his daughter and how screwed up she is getting my daughter apoloigizes like its her fault we tell her it isn't but she feels like it is. The effect on his daughter is well for a lack of words screwed up. She isn't even the same child. Physically this already large child (when she was here she was 150lbs at 6 years old wearing a size 16 1/2 kids clothing) she has gained at least antoher 30lbs because her mother feeds her junk food and fast food all the time. She is also dirty at the visits with noticable rings of dirt on her neck and smells. Mentally she has to watch everything she says and you can tell she will start to say a joke and then say "wait I can't tell you that one" or start to tell a story and say "wait I can't share that one" she has also had a year of sexual abuse therapy for something that didn't happen. That is just what we know of from my boyfriend seeing her for 2 hours once a week. What don't we know about?

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Greegor
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Postby Greegor » Tue Oct 02, 2007 11:08 pm

Please check the actual credentials and licenses of
the CPS ""psychologists"" you described.

Especially if they are on staff inside of CPS!

In Iowa most of the contract ""Social Workers"" are
actually not licensed SW's. One did ""therapy""
with the child as well, it was all about
""processing her feelings"" about problems
really did not exist.

I think it was more about programming the child
to say what they wanted her to say.

Just because somebody is referred to as
the child's "therapist" do NOT assume that the
person actually is a licensed therapist.

Check with your state Board of Social Work
and find out how therapists are licensed as well.


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