Let me run this by yall

[katgotsteve]

ok, i have talked about my case on here before. here is what i know for sure now and i guess i need advice on how to agressively put it to use.

i was told by caseworker that they were taking my husbands case to grand jury, now keep in mind there was no investigator report other than statement made by child, my husband was not interviewed, she stated they were hoping to no bill it so it would help us in court. well, she was wrong, there was a person with same name being prosecuted in our county, but not him. so anyhow i worried about this and i made a few contacts, what i found out is this, the reason no statement was taken from my husband is becuase the investigator was told by dfacs that the child recanted. how come none of that comes up in court?
the other thing is that the court order keeping my husband out expires on August 28, 2006. so what happens after that? how long can they get an extention?
i have a counselor now and i was told by caseworker that my "family plan" was designed by her and the counselor, well when i talked to my counselor, she said she was asked questions, but did not aid in it. on one part it says maltreatment by family history, i asked where is the history, she said she didnt know and in all the files she has read she has not seen anything that shows a pattern of maltreatment. i was told that it was thought that my niece had been molested in the past prior to removal from my sister, well again she says in all the files she has read, she does not see that. the family plan also says, impulsive decision making, ok, again counselor asked me what are they talking about, she doesnt see that with us. if anything, i think things through too much and i have a need to help, to make the world better. she wanted to know who helps me, if i am trying to help everyone else. good question, it damn sure isnt our system.
this counselor is straight forward, she is blunt and to the point, she has told us since day one she doesnt know why she is here. her husband is a da in another district and she says they have talked about different things and knows this case will not go to court nor does she see it going to grand jury. add the fact that it was not substaniated and what do you have. a big heaping pile of manure, that is it. so what do i do, do i finish this counseling in the next few months and wait for dfacs to take me back to court.
i am going to start working on my caseworker today and i am going to get a copy of the incident report at our sheriffs office. the counselor recommended i get family plan updated and corrected.
what do you think?

[Frustrated]

They can only refer the Case to the Prosecutor's office and from there, the Prosecutors will review the case and will tell the Office if it is accepted and proceed to Trial Court. (if no evidence, mostly won't proceed). You can call the courthouse and find out, call the D.A. to see if there are any thing filed by the Prosecutor's office. You will find out the real information rather than CPS Worker that does not know what she is doing.

If I were you, I would wait till the Prosecutor's decision to go forward or not. They might just drop it all together. They will review ALL THE EVIDENCE to proceed or NOT. Your Worker might just tell you something that does not exist. Call the courthouse and ask the D.A. to see if anything was even filed with the Courts. You probably will find out it wasn't. (the odds were in your favor saying there wasn't any evidence).

Now your CPS Worker is talking about pattern of abuse from the PAST, and applies all of these info into your Case files. She is using the past histories against you. Pattern of Abuse is hard to prove so is the "Future Risk of Harm". LOL It is the MOST HARDEST thing to prove. Because it does not exist. She can use the evidence that it did indeed happened. For instance, she would use the same abuse repeatedly year after year and she would classify it as "Pattern of abuse" but there is no evidence to back these up. So she call it Pattern of Abuse. She would probably use hearsay rather than the Evidence. I would suggest you to STICK TO THE EVIDENCE to dismiss this "pattern of abuse" or "past family histories" that does not even exist. You need to go back and gather all the evidence from 2000 to 2007. or from the Point WHEN THE CHILD WAS BORN. Go back there and start gathering evidence to dismiss their claims.
Such as...
Medical Records
Emergency Room Records
School Records
Family Doctor Records
Xrays very important
If any, Counselling Records from the School
Witnesses...who were there during "past family histories".
Police Incident Reports, VERY IMPORTANT, because sometimes the Police will state that the children are fine and the house is in good order. That will DISMISS their claims by itself.
Pictures, Home Videos...that shows of your Children happy and all that, and no bruises no neglect, nothing....attach that to the Affavidits for Court. Judges will see the pictures of happy children will have alot of effect.

Gather (the most painful if you can) is to gather your extended families' pasts...whether they are mentally unstable or not. If there is nothing wrong with your extended families, put that down in the affavidits. It will show that this Worker has nothing on your past families histories regarding your extended family. Do not tell the Worker anything about your past histories. KEEP that for COURT ONLY. Don't tell the Worker, she can find that out herself or she may already know because of your case files.

The Family Plan or Services Plan, I would wait it out until the Court is finished. or talk to your Lawyer to read it over before you sign. I wouldn't sign at all. Because if you sign, you will be screwed for another 6 months or possibly if any, for ANOTHER YEAR! It will enables you to jump through hoops, saying you did not complete the services and you will lose the chance of any reconiclation. Best bet is not to sign and allow the Judge to do its decision by reading your Court Case. It might be thrown out and dismissed all together even.

That's what they did with my hubby's case, the Judge just threw it out and dismissed it because there wasn't any evidence at all.

[Frustrated]

I forgot to mention is probably why she is telling you this:

It is JUST so that you will sign their Service Plan.

"Your husband is going to Court for Grand jury, please sign this Service Plan and this will all go away."

This is extortion. It is a criminal offence to "threaten" you with grand jury or whatever they say out of their mouths.

That's what they did with me.

"If you don't do this Counselling, I will take your son away and put him in a Mental Insitution."


Just wait and see, call the D.A. or the Court house if anything was even filed, under your name or your Husband's name. Most likely there isn't. She could very well trying to make you sign the Service Plan.

That's what it sounds like. I will put your Husband to Grand Jury/Court if you don't sign the Service Plan. Did she presses you to sign the Service Plan?

No. Talk to your Lawyer First! You will find out that your Worker is probably lying to you to begin with!

[katgotsteve]

thanks frustrated
there is no pattern of abuse against my family only the paternal side of my nieces family, no relationship other than my sister reproduced with them and they have a long line of mental illness, but they are trying to use my sister's bad judgement in men against me, i cant help it she is a shit magnet, sorry for language.
i did call the da's office, they have no plans to send this to grand jury, for three reasons, one he was not arrested and two child recanted and has an inconsistant story and three no history of abuse on his part, ie child molestors do not start at 44 y/o.
so i just got alot of smoke blow up my skirt. i am going to handle this service plan today. boy is it fun to push thier buttons. i may start this calling every few hours like i have done before.
thanks again frustrated.
i also have a call into the investigator to see if i can get a copy of his report and get a little insight into what he says.

[katgotsteve]

here is another tidbit to naw on, i talked to the deputy/investigator on this case, he says he received a letter from dfacs saying the child recanted. he did not even fill out an incident report becuase the case was closed.
so what the hell?

[Frustrated]

So the Worker knew the case was closed so she was quick to offer you the Service Plan to sign so you will be unsuspecting of anything what's goes on. Do not sign the Plan.

Tell your Lawyer if you have any, about the case is closed, and there is no grand jury or anything, there is no need to do anything to proceed with CPS. You can see that she lied to you so she can lie about a whole alot of OTHER things. Just be careful not to go into her "traps". Have your Lawyer draw up a letter to CPS Worker saying there wasn't any grand jury going on, and the case was closed. That's it. No need to go forward with anything more because there aren't any to work with.

[Momoffor]

a grand jury trial is where the grand jury listens to the evidence and THEY decide if a person should be charged with a crime or not and what they should be charged with.

I would play games with the case worker and play dumb and ask her when the trial date is and like you said keep calling every few days with more dumb questions about this fictional grand jury trial. Maybe even stop by her office and ask her supervisor for some paperwork on that grand jury trial. But thats just me. I like to stir up the pot.

[Frustrated]

Yeah. Most bet they will tell you "I don't know, I can't tell you that as it is confidential, blah blah..." or here's the best quote "I don't have this information at the present time, and I will check my files and get back to you." blah blah blah....

LOL gotta love their lies. eh?

Or better yet, tell her the trial date will be tomorrow! nah...but gotta love to see her face eye wide open like this. I would love to see their faces when they know they are lying to you and you knew all about that already. Don't they get flustered when caught in a lie? like this.