unsubstantiated case but still have SEN report

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thepenguinpitt
Posts: 45
Joined: Sat Dec 15, 2012 2:10 pm

unsubstantiated case but still have SEN report

Postby thepenguinpitt » Sun Apr 14, 2013 8:55 pm

I just recently found out by obtaining a copy of my cps case record that a case they had against me six years ago was not substantiated. When I gave birth to my son they said both of our systems were drug free except that they found trace amounts of THC in the meconium screening. They filed a SEN report and CPS became involved. I had to do random UAs, substance abuse classes, safety plan, which I completed and was told my case was closed. Now six years later I get my case record to prepare for a trial on new accusations and I find a document from the hospital that states "positive results are unconfirmed, unconfirmed screening results are not to be used for non medical purposes." It also states in the record that the case was unsubstantiated. My question is in regards to the SEN report. Should this SEN report be removed from my record? because they are still trying to use it against me. (SEN is for substance exposed newborn)

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: unsubstantiated case but still have SEN report

Postby Eljay » Mon Apr 15, 2013 9:49 am

Failure to secure your civil rights is the same as forfeiting them. You don't profess your innocence of THC exposure. They bluffed, you caved and agreed to go to substance abuse classes (or were court ordered for failing to assert your right to a trial).

If the case was unsubstantiated, consider yourself lucky. You can use that to ask the judge to dismiss any prior evidence, HOWEVER, past referral information is standard evidence. You can "motion to strike" anything that is irrelevant, but the judge will rule as he sees fit.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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