What is the procedure / one state hands off case to another?

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over tired
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What is the procedure / one state hands off case to another?

Postby over tired » Fri Dec 21, 2007 1:51 pm

Is there a specific procedure that has to be followed when one state hands over a case to another? (In this case Ga. to Fla.)
When can the new state legally do a home interview?

debbiescalese
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Postby debbiescalese » Fri Dec 21, 2007 2:41 pm

from what I've read there is no established proceedure because states don't like to hand a case over to another cause they lose out on funding. I've read two cases by following the links on WV.gov where the (one case parent other parents) were in WV then sometime during the case moved to MD basically the same thing happened in both of them. There was a pissing contest over who got juristiction with the argument being WV was the place the "abuse/neglect occured" and MD arguing well they live here now. MD won both times.
From what you told me about the case the GA case was closed by a judge there was then no case to transfer. If a worker called up Fl cps and made a alligation then it was fl decision to look into it. Once you are in a state they can knock on your door anytime they get a call. You don't even have to be living in a state really you could be on a camping trip in Ca and somebody sees you smack your child calls cps Ca and they track you down in your own state the case is in Ca. And probably what happend in the WV/MD cases will take place over who has the juristiction.

debbiescalese
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Postby debbiescalese » Fri Dec 21, 2007 2:41 pm

from what I've read there is no established proceedure because states don't like to hand a case over to another cause they lose out on funding. I've read two cases by following the links on WV.gov where the (one case parent other parents) were in WV then sometime during the case moved to MD basically the same thing happened in both of them. There was a pissing contest over who got juristiction with the argument being WV was the place the "abuse/neglect occured" and MD arguing well they live here now. MD won both times.
From what you told me about the case the GA case was closed by a judge there was then no case to transfer. If a worker called up Fl cps and made a alligation then it was fl decision to look into it. Once you are in a state they can knock on your door anytime they get a call. You don't even have to be living in a state really you could be on a camping trip in Ca and somebody sees you smack your child calls cps Ca and they track you down in your own state the case is in Ca. And probably what happend in the WV/MD cases will take place over who has the juristiction.

Michael
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Interstate Compact for Transfer of Cases

Postby Michael » Fri Dec 21, 2007 7:56 pm

There was recently a case in Texas where the parents were working in Texas went out drinking and left the children alone. The parents were arrested for drugs and the children ended up in Texas Foster care. The Texas court learned that the children had previously been in Foster Care in a third state. The court transferred the case back to the court in the third state. The parents were wanting the case transferred back to their home state.

The Texas Court decision was that the third state court was the court of original jurisdiction. The case was transfered and the children were placed by that state in their foster Homes in the third state.

over tired
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Postby over tired » Sat Dec 22, 2007 7:51 am

This is a case where the whole family moved from Ga. to Fla. The case I refered to was a child on child, to which the Judge in Ga. sealed the files. I don't know if the case was closed or not. I don't know how to get that information, If anyone knows how I'd appreciate the helpMy question is; if the judge seal the records and closed the case, can CPS legally send that case to Fla for a follow up?

This was not a case of parents being really charged with anything. The way it reads; CPI Reviewed case (this is the CPI in Fla) The family has proirs. CPI was not able to obtain crimes because the case is a child on child case. Inadequate supervision with verfied findings, HOWEVER, Both parents xxxxx and xxxxx roles were parents in the home. Environmental hazards, The finds were no indicators.

This is not an issue of states fighting over juristiction, its an issue of one state providing another with information for a follow up on a case that MAY have been closed. The home interview was done BEFORE Fla was given "permission" from the head suprvisor in GA.This child has accused her step father of molestation, he voluntarily went to Ga. knowing he was innocent. He's been the past 3 months as "a guest of the state of Ga." (jail) and is now facing a minimum of 25 years without parole.

debbiescalese
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Postby debbiescalese » Sat Dec 22, 2007 8:14 am

If the judge sealed the records that is it, it is over. Those records can't be opened again with out some major legal actions. However cps still has thier records those don't get sealed. When those kids grow up and if cps buggs them those records can be referanced by the worker.
If the cps worker from Ga sent something to Fl that is when you get into murky legal waters and you need to question a lawyer about that. I don't think it is legal for Ga to send the file to Fl a lawyer would know if it was or not. Sounds to me like the worker was just pissed she couldn't "get the parents" and decided to take it upon herself to cause trouble.
What I don't get is why after the case was sealed and the parents moved they decided to go after dad. If this was child on child due to lack of supervision and case was closed why are they now saying dad did something and filing in Ga for it when cps was involved and did not say dad was involved. This has to be one of the more screwed up cases I've heard. I mean if this child saying abuse didn't say it before but is doing so now wouldn't the case be in Fl not Ga.

Marina
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Postby Marina » Sat Dec 22, 2007 1:20 pm

.

CPS can file anonymous reports all over the place, they don't care. If a disgruntled ex-spouse can do it, they why can't CPS?

.

Momoffor
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Postby Momoffor » Sun Dec 23, 2007 11:12 pm

It depends on what the judge ordered the records sealed on. Was it a criminal case about the sexual abuse? Or did the judge order that CPS close the case by X date and they did not.

If the case in fornt of the judge was criminal, then the case remains open until the court hearing the CPS case orders it closed.

If the judge ordered it close they will give X amount amount of days to close the case ..HOWEVER .....

Even after a case is closed doesnt mean SQUAT ....This again depends on the laws in the state.

When my case was closed, according to VA law, if CPS got any other information or hotline calls about my children within 1 year of it being closed, the case will be REOPENED

It would also depend on (and I dont know if you had already stated this or not) if the parents have full and complete legal and physical custody of the kids and the state of GA was no longer involved in ANY way shape or form.

Did the parents ever get a letter in the mail stating that the case was closed?? If not .....More than likely ..it wasnt. The parents should be able to get copies of the court records that were 'sealed' under the FOIA.

over tired
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Postby over tired » Mon Dec 24, 2007 12:27 pm

No, this wasn't a criminal case. It was 2, 4 yr girls fooling around in the bathroom at daycare.

I don't know if the judge ordered the case closed or not, don't know how to find out. If the judge did order the case closed (?), then how can CPS keep any file on it open, closed would be closed. I need to find out if the judge did in deed close the case.

When this happened, they were in the process of moving to Fla, meaning they were packing boxes etc., Yes they had custody. When Fla CPS got involved, my nephew was removed from the home, and his parental rights removed. He has a hearing about that the 18th of Jan. They are going to set up a tele-comference from the jail to the court house.

The judge in Fla was ready to drop the case and give Bill his right's back, that's when the I/O step in a pitched a fit. She claimed the kid was coerced into telling the judge it didn't happen. So the judge said find out why the kid recanted, and the case remains open.

Because she said it happened in Ga, that gave Ga juristiction to arrest him on molestation charges. Now he's looking at a min of 25 yrs in prison. Plus being labeled a sex offender for the rest of his life.

I had hoped to find a way to end this mess before it has to go to trial. Ga's juries are very sympathetic to the child, which they should be, but not to the exclusion of the truth.

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katgotsteve
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Postby katgotsteve » Wed Dec 26, 2007 7:20 am

overtired
it is true that any jury is symphatic to a child who has been abused, it is also weary of false allegations. there have been some recent trails where men who were accused have gotten not guilty verdicts. this child will have to testify, she will have to be cross examined, it is just a fact. her age tells that. a jury is not going to just take her word, trust me. there have been men held in jail for months and then released because the da decided there was not a case. has his attorney talked to the da? normally in our area it take months for the da or his staff to even look at a case. the da can look over the case and decide that the arrest warrant was premature and even though he will have the arrest on his record and the da can always go back and pursue the charges if for example he gets caught in a like circumstance, but it is a regular thing in our area for things like this to happen. it is sad, but the law is more of a gamble.
does your nephew have kids with this woman? it might pay for him to get out of the relationship if he doesnt. it will not get better, the 14 y/o is a budding psychopath who shows no empathy to anyone and only cares about personal and instant gratification. our cps system is creating this society of children like this, we wonder where the serial killers come from, they are created by a system who make it so difficult to parent, who make good parents look over their shoulder of who is watching them and who will turn them in. also, if there is any hint of recantation it muddies up the waters for the da, they often offer a plea in hopes of getting a conviction. if you can prove a recantation in court, do not take a deal, a deal only will seal the fate of an innocent person.

over tired
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Postby over tired » Wed Dec 26, 2007 4:37 pm

This Da has made 2 offers, or so I understand. The most recent I have yet to validate with his lawyer. It supposedly is for 5 years probation, and the label.
His family is coming apart at the seams. Yes, he has 2 children with her, + the 14 yr old and his wife's sister's little girl. Her sister had a child and was unable to care for it. They were given temporary custody in Fla. She is now 4 and the sister has picked now to reclaim her custody rights. The other kids are all suffering, not only has dad been snatched away, but now the "baby sister" they've grown to love is now being snatched as well. The sister says she ain't having her kid raised by a child molester.
What a freaken mess. It took all of the joy right out of the holiday. They didn't get much for Christmas because they don't know where they are going to be living and can't haul too much stuff around. (If we can get the state to release them, they will be moving to NY. That way we can help out.) I'm not sure if this could go another few months to go to trial. I need to talk to his lawyer and see what can be worked out.

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katgotsteve
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Postby katgotsteve » Thu Dec 27, 2007 4:20 am

the justice system in the south is slow moving, most cases dont go to trail for a year, sometimes two years....there are going to be alot of ifs and what ifs going around, if he can wait it out, he may do fine. they play on the fact that most people will deal out versus face waiting in jail that long for a trail. there have been alot of cases where if they dont plea the charges are dropped. the south is a true good boy system, the lawyers and judges sit around talk about deals and what to do to make cases go away. i am sending some link on your pm for you to look at. maybe some of this will help.


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