REMINDER...Expunge your name if you win your children back

For those who need to know the laws.

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

REMINDER...Expunge your name if you win your children back

Postby Dazeemay » Mon May 23, 2005 9:05 am

Here is the site to look at terms of expunging from your state. Some states won't do it.

You must do this once you are on their records even if for a short time or they will come back around.

http://nccanch.acf.hhs.gov/general/lega ... gistry.pdf

Here is a link to Criminal Bacground Checks, but it is also a link to the Central Abuse Registry. This link provides addresses and information to all states registry. Some states do not include the Abuse registry and their is info there that you must read in regards to it.

http://www.casanet.org/program-manageme ... -check.htm

Thank you More Child Theft for enlightening me in this regards.

**** UPDATE...JULY 25, 2005

We need to watch this bill that is being introduced.

http://thomas.loc.gov/cgi-bin/bdquery/z ... 00764:@@@P

It is imperative at your hearing where you win your child back that at that hearing your lawyer knows he needs to ask that your name be expunged. He needs to say it at that hearing as far as I understand it. The judge can then say yes or no to it. If he says yes then it should only take 60-90 days and you need to watch that they are doing this.

We all know what should happen but, it never does happen and that is why you need to watch the progress of it.

I will give further updates as I find them.

I have been extremely busy with our own case and trying to keep up with regular daily living as all of you know we must do. Life goes on in spite of this upevil.
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Latest Action: April 04, 2005

Federal register of cases of child abuse or neglect House
H.R.764
Title: To require the Attorney General to establish a Federal register of cases of child abuse or neglect.
Sponsor: Rep Kelly, Sue W. [NY-19] (introduced 2/10/2005) Cosponsors (None)
Latest Major Action: 4/4/2005 Referred to House Subcommittee on Crime, Terrorism, and Homeland Security.


HR 764 IH

109th CONGRESS

1st Session

H. R. 764

To require the Attorney General to establish a Federal register of cases of child abuse or neglect.

IN THE HOUSE OF REPRESENTATIVES


February 10, 2005


Mrs. KELLY introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To require the Attorney General to establish a Federal register of cases of child abuse or neglect.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. FINDINGS.


The Congress finds as follows:


(1) The Report and Recommendations of the Westchester County, New York, January `B' 2004 Grand Jury, entitled `Returning Abused Children to their Abusers: How Westchester County's Child Protective System Fails the Children it Most Needs to Protect', identified 3 essential principles that should guide child services programs, namely, maintaining that the best interest of the child is paramount, ensuring continuity in case supervision with all relevant parties involved and all relevant information shared, and assigning special priority to the identification of high-risk cases.


(2) Such report also observed that, because there is no direct way for the State of New York to report an individual's history of child abuse to another State, and a child may be placed at greater risk if an offender with an established history of child abuse moves to a State where his or her history is unknown, a national central register of cases of child abuse or neglect must be created.


(3) 896,000 children were determined to be victims of child abuse or neglect in 2002.


(4) The rate of victimization per 1,000 children in the national population has dropped from 13.4 children in 1990 to 12.3 children in 2002.


(5) 1,400 children died due to child abuse or neglect in 2002.


(6) A 2002 Department of Health and Human Services child and family services review suggests that difficulties States experience in preventing maltreatment recurrence may be due to inadequate identification of abusers.


(7) When an individual is convicted of a crime in New York, police in California know and are able to identify the violator. Child abusers should be as easily identifiable for State and local child protective services.


(8) Many States currently maintain a child maltreatment registry that collects information about maltreated children and individuals who were found to have abused or neglected children, in order to protect children from contact with individuals who may mistreat them.


(9) Some States that maintain such registries are explicitly prohibited under State law from sharing this important data with other States.


SEC. 2. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT.


(a) In General- The Attorney General shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State.


(b) Information- The register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected.


(c) Scope of Information-


(1) IN GENERAL-


(A) TREATMENT OF REPORTS- The information to be provided to the Attorney General under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Attorney General under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded.


(B) EXCEPTION- If a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Attorney General under this section shall be coextensive with that in such register.


(2) FORM- Information provided to the Attorney General under this section--


(A) shall be in a standardized electronic form determined by the Attorney General; and


(B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained.


(d) Construction- This section shall not be construed to require a State or political subdivision of a State to modify--


(1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or


(2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded.


(e) Dissemination- The Attorney General shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect.


(f) Condition on Receipt of Funds- Compliance under this section shall be a condition precedent to receipt of funds under section 107 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c).


END
Last edited by Dazeemay on Tue May 02, 2006 7:06 am, edited 8 times in total.
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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Fri May 27, 2005 5:44 pm

A story telling how one man fought to get his name expunged.

http://www.ipt-forensics.com/journal/volume3/j3_4_8.htm

I will try to put more information here.

It will be discouraging to some; helpful to others.

The forensic story behind the central registry; this is a very good site.

http://www.ipt-forensics.com/journal/volume3/j3_4_6.htm

Central Registry: Protection or Oppression
Ralph Underwager and Hollida Wakefield*
ABSTRACT: The proposed National Child Protection Act of 1991 includes a national central registry similar to those in most of the states. Such a registry, if the legislation is enacted, will likely have unintended consequences, including the violation of the civil liberties of those whose names will be included on it.

On November 14, 1991, Senator Biden rose to address the Senate and introduce a bill, S. 1966, titled the National Child Protection Act of 1991. Cosponsors included senators Thurmond, DeConcini, McConnell, Metzenbaum, Grasslet, Heflin, Simon, Specter, Dixon, Durenberger, Kasten, and Hatch. As recorded in the Congressional Record, November 14, 1991 (S 16749), Senator Biden said:

Mr. President, I rise today to introduce legislation to confront what I believe is one of the most threatening dangers confronting the Nation-the tragedy of child abuse ... Many abused children are victimized in their homes, but there is a large and growing number of children being victimized outside the home ... must be met by an expanded national effort to protect these children.

Senator Thurmond also spoke in support of S.1966 and said (S 17652):

Mr. President, the protection of innocent children from abuse is a vastly important matter of national concern which must be addressed. Frankly, I can think of no crime more deserving of our national attention and harsh punishment than the molestation or abuse of a child. . . . Those who violently prey upon childhood innocence must be caught, prosecuted, and sentenced to tough criminal penalties.

The proposed National Child Protection Act of 1991 is legislation "to establish a national background check procedure . . . initiate the reporting of all State and Federal child abuse crimes . . . and provide protection from inaccurate information for persons subjected to background checks . . . and for other purposes. . ." (S 16749). This legislation, if enacted, will set up a national data base to include information from the state central registries. As printed in the Congressional Record, the proposed bill defines "child abuse crime information" to include anybody who has been indicted or convicted of a child abuse crime under state law. This national system requires state agencies to maintain a close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse "for the exchange of information and technical assistance" (S 16750). It is left to the individual states to determine the procedures so that ". . . qualified entities identified by States; authorized representatives of a qualified entity who have a need to know such information; the providers; law enforcement authorities; or pursuant to the direction of a court of law . . ." (S 16751) may get the information contained in this national registry. Both Senator Biden and Senator Thurmond identify the source of this proposed legislation as the plan and recommendations brought before the Senate judiciary committee by Oprah Winfrey, actress, television personality, talk show host, and child abuse activist.

The protection of children is the rationale behind the establishment of state central registries and now that concept is advanced as the reason for a national registry. When the idea of a central registry of abused and neglected children was first proposed in the early 1960s, its purpose was primarily diagnostic. If a physician suspected a child had been abused, a call to a central bureau could discover if that child had previously been reported as abused and then the physician could make the diagnosis of child abuse (Besharov, 1978; Whiting, 1977). This enabled the child protective services to act to protect a child. However, as public consciousness and awareness of child abuse was raised in the 70s, protecting the child began to include using a report of abuse to obtain services in a climate of declining resources and funding streams.

. . . there was a shift in other aspects of the community's services for children and families ... Slowly and subtly, at first, there began to develop a tendency to seek services for children by tying various other family and social problems to a child abuse or neglect allegation when the issue was not really one of abuse and neglect ... Reports of suspected child abuse and neglect to state or local child abuse reporting centers reflected a broadened perception of concern beyond what heretofore were considered to be the guidelines for reporting. ... The clear trend was to seek help for families and children by using the Child Protective Services system as the path to help . . . Where abuse and neglect becomes too broadly defined only as a means to make children and families eligible for services, serious problems develop (Cameron, 1988, p.324-325).

This clouding of the mission of child protection is suggested as a cause of the increased level of in substantiated reports in recent years. In some states services to a family are not offered until there has been decision by a worker to substantiate a claim of abuse (Flango, 1991). It is also likely to lead to improper and irresponsible intrusion into families and individual civil rights (Cameron, 1988).

Now almost all of the states have central registries 0 record reports of child abuse. These data banks are claimed to have a number of functions, including case diagnosis, case management, program monitoring, research, and program planning (Besharov, 1990). Possible benefits from a central monitoring function accrue from several variables discussed by Besharov 1978) but are often overlooked. Many protection workers have little or no training beyond a brief orientation session. The burnout rate is high and therefore the turnover of workers is rapid. One study reported that less than 20% felt a child protective worker's role was to protect the child (Besharov, 1978). Although workers have considerable difficulty flaking the difficult decisions they are required to make, in most states there is no review of the worker's decisions. A consequence is that difficult cases may lever get closed but just fade away as caseworkers change, families disappear, memories weaken, and bureaucratic shuffles obscure the reality (Besharov, [978). A central registry could help by providing close and accurate monitoring of investigations and delivery of services. However, as Whiting (1977) observes, this requires that those doing the reporting and entering of data do so promptly, accurately, and completely. Experience thus far suggests this is not likely to be the case.

However, now the emphasis has shifted to the recording of information about the accused perpetrator rather than the abused child and the family. The proposed National Child Protection Act of 1991 would record only information about the indicted suspect or convicted perpetrator. The aim is to prevent the reprehensible abuser from ever having contact with children who could then be abused. Senator Thurmond, perhaps unwittingly depicting the first expansion of the proposed national registry, included a much broader population of persons who might be included than the proposed act itself:

The measure will assist in identifying convicted child abusers who prey upon children by seeking employment or other activities where youngsters can be taken advantage of — like day care centers or scout troops . . . that those working with children in organized activities do not have criminal records as child abusers or perpetrators of other serious crimes (S 16752).

The information the proposed national registry must include to perform the required "background check crime" and thus be able to prevent those indicted or with criminal records from having contact with children is defined as follows:

. . . means a child abuse crime, murder, manslaughter, aggravated assault, kidnapping, arson, sexual assault, domestic violence, incest, indecent exposure, prostitution, promotion of prostitution, and a felony offense involving the use or distribution of a controlled substance (S 16750).

The number of citizens who may be indicted or convicted of that roster of crimes is enormous. They would all have to be included in the national registry in order for the basic step of the background check crime to be done. The proposed act also requires that three years after the enactment of the act, the system shall be 80% complete for all entries of activity within the last five years.

The ostensible reason for this massive tracking and surveillance of citizens is to prevent convicted criminals who prey upon children from getting jobs in day care centers. Senator Biden claims that data provided to the Senate Judiciary Committee showed that in six states in just the past year 6,200 convicted criminals sought employment as child care providers. We have not had access to these data but it seems improbable on the face of it. Most convicted criminals are men. Relatively few men apply for jobs as child care providers. Salaries for child care providers are low, mostly at entry levels, and there is little desirable about such jobs. It simply seems unlikely that 6,200 convicted child abusers would have strong enough overdetermined behavior to actively seek such a job. While it may be the case that most convicted criminals have some intellectual limitations, it does not take a rocket scientist to figure out that if once convicted of child abuse it is not very bright to seek a job taking care of children. There is no evidence that we are aware of showing a significant correlation between crimes like arson, drug abuse, embezzlement, murder and child abuse. The conventional wisdom about prison populations is that child abusers are the most despised of prisoners and are in mortal danger because other prisoners often attack them, rape them, and kill them.

While we strongly disagree with the methodology, the criteria, and the findings in Finkelhor, Williams, and Burns' (1988) study of sexual abuse in day care centers (see Coleman, 1989, and Wakefield & Underwager, in press, for details), their estimate of the frequency of abuse in day care centers is likely the highest possible interpretation of the meaning of available data. In 1985 there were 229,000 licensed day-care programs in the country. Much family day care is unlicensed. Trying to get some estimate of the frequency, the Finkelhor study used the figure of 61,000 licensed day-care centers. A center is a day care program with more than six children.

The Finkelhor et al. (1988) figure of 187 centers reported and substantiated for sexual abuse yields an estimate of 30.7 centers with sexual abuse per 10,000 centers. The number of children allegedly sexually abused in day care centers is reported as 5.5 children per 10,000 enrolled in day care centers. This would lead to 825 abused children out of the 1,500,000 children in day care centers in 1985. Given the massive difficulties in the methodology of this study, particularly in the definition of substantiation, this is apt to be a greatly inflated estimate.

Nevertheless, this is much less than the number of children sexually abused in their families, according to Finkelhor et al. (1988). The number of children sexually abused each year in their families is estimated to be 8.9 per 10,000. Of the 21,300,000 children under six in American families in 1985 this suggests 18,957 are sexually abused each year in their families.

Data by Russell and Clifford (1987) suggests a much lower estimate of children sexually abused in day care centers compared to Finkelhor et al. (1988). Russell and Clifford report an analysis of all complaints for one year (1982-1983) alleging abuse in day care centers in North Carolina. Of the 424 total complaints received, 70 (16.5%) alleged abuse or neglect. Of these 30 were substantiated as child abuse or neglect. Of these substantiated cases the legal system sought action in 6%, or 2 cases. In the other cases of substantiated abuse it was not severe enough to require more than a warning letter or citation on a monitoring form. There is no report of any instances of sexual abuse in their analysis.

We can agree with the concluding statements by Finkelhor et al. (1988):

... However, the impression that day care constitutes some especially risky environment is probably an illusion ... The numbers themselves, however, do not indicate some particularly alarming problem with day care itself ... But at the same time, the problem should not be taken out of context. The high emotions that surround day care and sexual abuse should not be allowed to generate and precipitate poorly considered policies that might be damaging to both causes in the long run (p.25).

Given the fact that actual number of children sexually abused in day care centers is apt to be low, and to be much less than the number sexually abused in their families, the imposition of a cumbersome and expensive bureaucracy which is questionable in terms of civil liberties is poorly considered and ill founded. It appears quite possible that the proposed legislation for the National Child Protection Act, 1991, will produce large unintended consequences (Cohen, 1988) that will damage citizens, parents, and children. The Senate may well be the victim of the current practice of encouraging and causing social change and political action by the use of advocacy numbers (Gilbert, 1991).

... advocacy numbers, figures that embody less an effort at scientific understanding than an attempt to persuade the public that a problem is vastly larger than commonly recognized. Advocacy numbers are derived not through outright deceit but through a more subtle process of distortion. Under the veil of social science, rigorous research methods are employed to measure a problem defined so broadly that it forms a vessel into which almost any human difficulty can be poured. Some argue that efforts of this sort can serve a useful purpose, because social problems are sometimes larger than commonly recognized. And since the media gravitate toward alarming numbers, a bit of definitional stretching may be necessary to bring the problem into public view. Among those who practice social advocacy, this is known as "consciousness raising" and is deemed a respectable function of advocacy numbers (Gilbert, 1991, 63-64).

When there is a possibility that a major change in the way citizens are treated by the central government may be based upon such advocacy numbers, caution is well advised. The unintended consequence of seeking the noble goal of protecting children may well turn out to be oppression of large numbers of citizens, many of whom may not, in fact, be guilty of any crime.

Experience with State Central Registries

Does the experience with state central registries give any information about the possible performance of a national registry? Is it likely to accomplish the goal of protecting children? At the very least, the experience with state central registries raises serious questions about the prospects of a national registry. For this reason the two articles, by Petersen and Whalen, in this issue reporting direct personal experience with central registries are important

Whiting (1977) evaluated the Maryland central registry as ineffective for tracking cases, assisting in diagnosis, or identifying service needs. She does see a statistical profile of abused and neglected children useful for program development. However, the proposed national registry provides information about those accused and convicted. Here the purpose expressed by Senator Thurmond is prosecution. The inclusion in the Act of the National Center for Prosecution of Child Abuse (a private, nongovernmental, nonprofit subsidiary of the National District Attorneys Association) as one of the agencies states must be in contact with suggests the emphasis is on prosecution. Since their first public announcements in 1985, the avowed goal of this Center is to prosecute, not rehabilitate, not protect children, and not unify the family:

The NCPCA advocates". . . the handling of child abuse cases by treating these cases as serious crimes. Prosecutors must demand that child abuse be viewed first and foremost as a criminal act and that treatment alternatives for the abuser are secondary to punishment (APRI, 1986, p. 1). The NCPCA promises to lead a national campaign to reform "the excessive and unnecessarily wide latitude given defendants in attempting to protect their constitutional rights ... "(APRI, p.1) (Wakefield & Underwager, 1988, p. 20.)

Even in the initial presentation of this legislation to establish a national registry it is already evident that the goal of protecting children is being used as a rationale to get congress to pass the bill but that there is far more at stake than the laudable goal of protecting children from predatory pedophiles. Nobody can argue against protecting children. However, once the process is set up and the national registry established, it appears highly probable that it will be used for other purposes, principally prosecution and punishment. The history of the involvement and activities of the National Center for Prosecution of Child Abuse since their initial announcement in 1986 demonstrates the effort to abridge, contain, and limit the civil rights and civil liberties of citizens. The potential for injustice is understood by an English judge, Justice Waite, in his ruling on a case in Norfolk County:

Mr. Justice Waite said that the Child Abuse Register is "in essence a blacklist, and as such it also has dangerous potential as an instrument of injustice or oppression" ... The Conference recorded "a solemn finding of guilt after a brief and one sided investigation" ... the council adopted a "dangerous slipshod" approach in recording names as "known suspected abusers" on the register NLJ, 1989. p. 283).

An analysis of 48,499 reports submitted to the central registry of Colorado concludes that contact with human service professionals is the factor most powerfully associated with being reported for child abuse. While there are understood to be many more families, children, and parents who may need services and assistance, if they are not in contact with the system there is no report. It is those who come into contact with the bureaucracy, however, it may happen, who are on the central registries (Fryer, 1990).

The controversy over central registries does not center around protecting children nor the reality that gaps in services require more funding. Rather it is the issue of substantiation rates. Although some claim substantiation rates are rising (Finkelhor, 1990), the available data suggest both a wide variation among states and an average of 40-45% substantiation of reported abuse (Flango, 1991; Flango, 1988). There are a number of factors which may affect substantiation rates but the one of most concern and importance is the level of proof required. Here 25 states use a standard of some credible evidence, 12 require credible evidence, and 12 require a preponderance of evidence (Flango, 1991). What this comes down to, as researchers and legal scholars have defined varying levels of proof, is that no state requires more than a subjective sense that the abuse is at 51% probability level (Faigman, & Baglioni, 1988; Kagehiro, 1990) to include a person on a central registry as an abuser. Only one state, Washington, includes a category of a conviction as the National Child Protection Act, 1991, currently requires (Flango, 1991). No state has a category of indicted.

The confusion generated by this situation of divergent standards and categories is most likely to be resolved by an administrative, bureaucratic decision that protects the interests of the bureaucracy rather than serves the liberty interests of citizens. An example was the decision of Florida administrators to move all cases in their "confirmed" central registry category, where there is an appeal process, to the category "indicated." Those persons named in the central registry as "indicated" have no appeal process available. This serves to ease the burden of the system but hardly advances the rights of individuals. There seems to be a high probability that any national registry will include large numbers of persons where the decision to put them on a central registry has been based on something less than conviction or indictment.

An evaluation of the performance of child welfare agencies (Schwartz, 1991) to protect children cite alarming observations and opinions about the child protection system. It is breaking down under the weight of increased responsibility and decreased funding. It isgenerating casualties who wind up as homeless children:

. . . many public child welfare agencies are deteriorating and appear unable to provide children an families with services they need or are entitled to. The increase in child abuse and neglect cases appears to have occurred at a time when "child welfare agencies were experiencing high staff turnover, particularly protective staff, and a decreasing proportion of professionally trained workers" (Office of Human Development Services, 1988, p. c3), and when federal and state fiscal resources allocated toward this problem have been shrinking (Children's Defense Fund, 1988b)(Schwartz, 1991, p.191).

The practical consequences of this situation are that the basic, and most often unreviewed, decision which puts a person on a state central registry as a substantiated child abuser will be made by the least experienced, least trained, least professional, lowest paid, and most harried workers in the system. Investigations will be as quick as possible. Decisions will be reached as quickly as possible on the least amount of information. There will be significant pressure to clear cases, keep caseloads as small as possible, and keep supervisors happy. Under these pressures, the level of false positives can be expected to rise. The relationship between state central registries and the national central registry is somewhat unclear but the national registry cannot be expected to be much better than the information supplied to it.

Flango (1991) also reports that substantiation rates show a linear relationship in expected directions when these factors are investigated. The higher the standard of proof, the lower the substantiation rate. Only 27 states give any notice that a person has been placed on a central registry. Where notice is given substantiation rates are lower than in the states where no notice is given. A due process index shows that the higher the level of due process, the lower the substantiation while the lower the due process the higher the substantiation rate is. These findings, though Flango (1991) reports they are not statistically significant, are enough to warrant caution about the consequences of a national registry for individual rights and liberties of children and adults. If a large number of persons are listed in central registries who should not be there, that is, if central registries have significant proportions of false positives — persons listed as abusers when they did not abuse a child — then the registry cannot avoid being an oppressive system that produces injustice.

The incidence and prevalence of reports of child abuse are related to socioeconomic class. The lower the socioeconomic class, the higher the level of reports and the occurrence of child abuse (Cicchetti, 1989; Finkelhor, 1984; Gelles, 1990; Landis, 1956; NCCAN, 1981; Nightingale & Walker, 1991; Pelton, 1978; Steinberg, Cataiano & Dooley, 1981). Since child abuse became a national issue in the late 1960s politicians have attempted to ignore this evidence because it is politically unappealing and likely to set off a political storm (Finkelhor, 1986; Nelson, 1984).

The result of this fact together with the establishment of a national registry as well as functioning state registries will be a disproportionate number of poor people, lower socioeconomic class individuals, and the least capable and functional of our citizens being included as child abuse perpetrators when they are not. This will happen simply because the poor cannot cope with the demands of the system.

By definition, the poor and disadvantaged have neither the resources nor the necessary skills to cope with the requirements for a review and an appeal. The proposed National Child Protection Act, 1991, speaks of procedures to challenge and correct inaccurate background check information. It then leaves it up to each state to establish those procedures to challenge inaccurate information. It also leaves it up to the states to give a prompt determination from an authorized agency as to the validity of the challenge. The present procedures for review and appeal set up by the states do not inspire confidence that there will be any better circumstances for the poor and disadvantaged.

Setting time limits of a few days or even weeks from the date of written notice that a person has been placed in the central registry as an identified perpetrator imposes a demand for a level of skill, emotional strength, and organizational skills that the poor and disadvantaged simply do not have. When the penalty for not filing for a review in the time limit is permanent waiver of the right to review, many poor are going to be permanently on a central registry simply because they cannot meet the requirements of the rules. Poor people who may be functionally illiterate, who may lack skills of meeting deadlines, keeping appointments, and getting to work on time, and who may not have the money for a first class stamp or to make a phone call, are not going to be able to comply.

Challenging information contained in a central registry file takes a long time and requires an ability to persevere in the face of frustration, stress, and extreme energy drain. Maintaining commitment, emotional investment, and focus for such long periods of time is going to be beyond the capacities of the majority of the poor and disadvantaged. Indeed, it will be beyond the capacities of most of the population. It is not, however, beyond the capacities of the bureaucracy. A case will pass through the system to the end no matter how many workers may be assigned to it, what the costs are, or what the truth is. Petersen, in this issue, reports how, on the day before his expungement hearing, after two years of effort, the state agreed to expunge his name from the central registry. This could have been done much earlier since no new information was developed during the two years, but it was not until the agency was compelled to do so by a deadline that the action was taken.

The poor do not have money to hire lawyers. Public defenders or legal aid attorneys are not likely to be able to take such cases. Private attorneys are not likely to view such cases as appropriate for pro-bono work when there is so much more immediate need for criminal defenses. The unavailability of legal counsel to the poor will result in more of the poor remaining on a central registry.

The process of "labeling" has been the subject of significant research. When a label is applied to an individual, the classification decision is likely powerfully affected by variables other than truth or accuracy (Mercer, 1973). The poor have been shown to be overrepresented in social control institutions, not because of the facts but rather because of the inferences of the labeler (Gingrich, 1978; Lofland, 1969; Newberger & De Vos, 1988). Characteristics of the labeler, experience, personality, motivation, cognitions, values and beliefs have been shown to affect the label applied to an individual and frequent mislabeling (Gingrich, 1978; Levy, 1981).

The consequences to the poor of any mislabeling are not limited to effects on possible employers or working in a setting involving children. Supreme Court Justice Black observed in a dissent that a person accused of abuse "is charged with conduct — failure to care properly for her children — which may be viewed as reprehensible and morally wrong by a majority of society" (Black, 1971). Once an agency has labeled a person as an abuser, other agencies accept the label as real and treat the family or individual accordingly (Parke, 1977). Social workers talk to one another. In at least one situation we have knowledge of, even though a report had been expunged, the social worker in that state informed a social worker in another state of the expunged allegation and it was then used in the second state to substantiate an allegation. Court appearances and social worker visits communicate the label of abuser to others. Increased alienation and social isolation is invariably the consequence of this labeling. Fraiberg (1978) wrote:

The label is not a diagnosis. It is a mailing address. Once the social agencies have placed this . . . the destination is virtually certain. The family is routed to a network of social agencies, sometimes to four or five at once . . . The next address will be the court. After the court there may be a new address for the baby and a new address for the mother (p.96).

The consequences of abuse investigations and public announcements are devastating to families and children. Job loss, need for public assistance, marital dissolution, foster care, changes in residence, loss of income, children harassed at school, are only some of the things that happen. The entire family is adversely affected. Following their research study of actual families, Tyler and Brassard (1984) recommend as the first step to improve the system to ban the publication of convictions for child sexual abuse. Luza and Ortiz (1990) show the level of control by shame that social workers exercise over falsely accused families. Buckey, Buckey, and Buckey (1990) describe some of the consequences of being publicly identified as abusers during the course of the McMartin trial.

There are no empirical quantifiable data suggesting a differential rate of child abuse between whites and blacks. There are empirical data showing a differential rate of reporting for child abuse. Blacks are more readily and more often reported for child abuse than whites. Whites more often are unreported when there is a basis for a report to be made. The impact of racial factors on a central registry is likely to produce a disproportionate number of racial minorities being labeled and identified as abusers. The number of false positives, persons identified as abusers when they are not, will include a disproportionate number of minority groups and a disproportionate number of white and rich perpetrators who actually abuse children will be missed (Eckenrode, Powers, Doris, Munsch, & Bolger, 1988; Hampton & Newberger, undated; Lujan DeBruyn, May, & Bird, 1989; Newberger, 1983; Rabb, 1981; Tan, Ray, & Cate, 1991; Wyatt, 1990).

While there are potential benefits from central registries and a national registry, the history of state central registries, the demonstrated relationship between worker variables and decision making, the demonstrated relationship between poverty, race, and minority status, and the known history of bureaucracies make it likely that the outcome of registries will be oppression rather than protection.

References
Besharov, D. J. (1978). Putting central registers to work: Using modern management information systems to improve child protective services. Chicago-Kent Law Review, 54, 687-751.

Besharov, D. (1990). Recognizing Child Abuse (). New York: The Free Press.

Black, J. (1971). Kaufman v. Carter, 402, U. S. 954, 959, dissenting from a denial of certiorari.

Buckey, P., Buckey, R., & Buckey, P. A. (1990). After the McMartin trials: Some reflections from the Buckeys. Issues In Child Abuse Accusations, 2, 220-225.

Cameron, J. S. (1988). Reflections of a child protection services practitioner: Have we lost sight of the mission? In D. J. Besharov (Ed.), Protecting Children from Abuse and Neglect: Policy and Practice () (pp.321-327). Springfield, IL: Charles C. Thomas.

Cicchetti, D. (1989). How research on child maltreatment has informed the study of child development: Perspectives from developmental psychopathology. In D. Cicchetti & V. Carlson (Eds.), Child Maltreatment: Theory and Research on the Causes and Consequences of Child Abuse and Neglect ()(). New York: Cambridge University Press.

Coleman, L. (1989). Book review: "Nursery Crimes: Sexual Abuse in Day Care." () Issues in Child Abuse Accusations, 1(3), 46.

Cohen, J. E. (1988). The counterintuitive in conflict and cooperation. American Scientist, 76, 576-584.

Eckenrode, J., Powers, J., Doris, J., Munsch, J., & Bolger, N. (1988). Substantiation of child abuse and neglect reports. Journal of Consulting and Clinical Psychology, 56, 9-16.

Faigman, D. L., & Baglioni, A. J. (1988). Bayes' theorem in the trial process: Instructing jurors on the value of statistical evidence. Law and Human Behavior, 12, 1-17.

Finkelhor, D. (1984). Child Sexual Abuse: New Theory and Research (). New York: Free Press.

Finkelhor, D. (1986). A Sourcebook on Child Sexual Abuse ()(). Beverly Hills: Sage.

Finkelhor, D. (1990). Is child abuse overreported? The data rebut arguments for less intervention. Public Welfare. Winter, 23-29.

Finkelhor, D., Williams, L. M., & Bums, N. (1988). Nursery Crimes (). Newbury Park, CA: Sage

Flango, V. E. (1988). Which child abuse and neglect cases require court involvement? State Court Journal, pp.13-16.

Flango, V. E. (1991). Can central registries improve substantiation rates in child abuse and neglect cases? Child Abuse & Neglect, 15, 403-413.

Fraiberg, S. (1978). Psychoanalysis and social work: A reexamination of the issues. Smith College Studies in Social Work. V.48.

Fryer, G. E. (1990). Detecting and reporting child abuse: A function of the human service delivery system. Journal of Sociology & Social Welfare, 143-157.

Gelles, R. J. (1990, August). Poverty and violence towards children. Paper presented at a meeting of the Society for the Study of Social Problems, Washington, DC.

Gilbert, N. (1991). The phantom epidemic of sexual assault. The Public Interest, 103, 54-65.

Gingrich, W. J. (1978). The labeler as an influence on labeling outcomes. Journal of Sociology and Social Work, 5, 387-403.

Hampton, R. L., & Newberger, B. H. (undated). Child abuse incidence and reporting by hospitals: Child abuse reporting. Children's Hospital Medical Center, Boston, Massachusetts.

Kagehiro, D. K. (1990). Defining the standard of proof in jury instructions. Psychological Science, 1, 194-200.

Landis, J, T. (1956). Experiences of 500 children with adult sexual deviation. Psychiatric Quarterly Supplement, 30, 91-109.

Levy, C. S. (1981). Labeling: The social worker's responsibility. Social Casework, 62, 332-342.

Lofland, J. (1969). Deviance and Identity (). Englewood Cliffs, NJ: Prentice Hall.

Lujan, C., DeBruyn, L. M., May, P. A., & Bird, M. B. (1989). Profile of abused and neglected American Indian children in the southwest. Child Abuse & Neglect, 13, 449-461.

Luza, S., & Ortiz, B. (1991). The dynamic of shame in interactions between Child Protective Services and families falsely accused of child abuse. Issues in Child Abuse Accusations, 3, 108-123.

Mercer, J. R. (1973). Labeling the Mentally Retarded: Clinical and Social System Perspectives on Mental Retardation (). Berkeley, CA: University of California Press.

NCCAN (National Center on Child Abuse and Neglect) (1981). Study Methodology: National Study of the Incidence and Severity of Child Abuse and Neglect, (DDHS Publication No. 81-31326). Washington DC: U.S. Government Printing Office.

Nelson, B. J. (1984). Making an issue of child abuse: Political Agenda Setting for Social Problems (). Chicago: The University of Chicago Press.

Newberger, E. H. (1983). The helping hand strikes again: Unintended consequences of child abuse reporting. Journal of Clinical Child Psychology, 12, 307-311.

Newberger, C. M., & De Vos, E. (1988). Abuse and victimization: A life-span developmental perspective. American Journal of Orthopsychiatry, 58, 505-511.

Nightingale, N. N., & Walker, E. F. (1991). The impact of social class and parental maltreatment on the cognitive functioning of children. Journal of Family Violence, 6, 115-130.

NLJ (1989). Alleged child abusers have legal right to be treated fairly. (1989). Norfolk Law Journal, 139(1), 283.

Parke, J. (1977). Socialization into child abuse: A social interactional perspective. Law, Justice, and the Individual in Society, 183, 184-185.

Pelton, L. H. (1978). Child abuse and neglect: The myth of classlessness. American Journal of Orthopsychiatry, 48, 608-617.

Rabb, J. A. (1981). Reporting child maltreatment: The context of decision making among physicians, social workers, teachers and nurses. Ohio State University, Columbus. Doctoral Dissertation, Ann Arbor, Michigan. (University Microfilms No. 8129078).

Russell, S. D., & Clifford, R. M. (1987). Child abuse and neglect in North Carolina day care programs. Child Welfare, 66(2), 149-163.

Schwartz, I. M. (1991). Out-of-home placement of children: Selected issues and prospects for the future. Behavioral Sciences & the Law, 9, 189-199.

Steinberg, L. D., Cataiano, R., & Dooley, D. (1981). Economic antecedents of child abuse and neglect. Child Development, 52, 975-985.

Tan, G. G., Ray, M. P., & Cate, R. (1991). Migrant farm child abuse and neglect within an ecosystem framework. Family Relations, 40, 84-90.

Tyler, A. H., & Brassard, M. R. (1984). Abuse in the investigation and treatment of intrafamilial child sexual abuse. Child Abuse & Neglect, 8, 47-53.

Wakefield, H., & Underwager, R. (1988). Accusations of Child Sexual Abuse ()(). Springfield, IL: CC Thomas.

Wakefield, H., & Underwager, R. (in press). Female child sexual abusers: A critical review of the literature. Journal of Forensic Psychology.

Whiting, L. (1977). The central registry for child abuse cases: Rethinking basic assumptions. Child Welfare, 56, 761-767.

Wyatt, G. E. (1990). Sexual abuse of ethnic minority children: Identifying dimensions of victimization. Professional Psychology: Research and Practice, 21, 338-343.

* Ralph Underwager and Hollida Wakefield are psychologists at the Institute for Psychological Therapies, 13200 Cannon City Boulevard, Northfield, MN 55057-4405.



[Back to Volume 3, Number 4] [Other Articles by these Authors]

Copyright © 1989-2005 by the Institute for Psychological Therapies.
This page last revised on January 13, 2005.
Last edited by Dazeemay on Sun Nov 20, 2005 7:32 am, edited 2 times in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Fri May 27, 2005 5:54 pm

Placed on the state list
Last edited by Dazeemay on Mon Jul 25, 2005 7:24 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Fri May 27, 2005 6:02 pm

Placed on the states list
Last edited by Dazeemay on Mon Jul 25, 2005 7:25 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
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Postby Dazeemay » Fri May 27, 2005 6:03 pm

Placed on the states list
Last edited by Dazeemay on Mon Jul 25, 2005 7:25 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Fri May 27, 2005 7:27 pm

Placed on the states list
Last edited by Dazeemay on Mon Jul 25, 2005 7:26 am, edited 2 times in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Fri May 27, 2005 7:33 pm

Placed on the states list
Last edited by Dazeemay on Mon Jul 25, 2005 7:27 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
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Postby Dazeemay » Fri May 27, 2005 8:49 pm

Placed on the states list
Last edited by Dazeemay on Mon Jul 25, 2005 7:28 am, edited 1 time in total.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

More Child Theft
Posts: 30
Joined: Thu Feb 24, 2005 7:37 pm

Ohio central registry expungement

Postby More Child Theft » Sun May 29, 2005 10:13 am

I posted the code sections under the Ohio forum

http://forum.fightcps.com/viewtopic.php?p=4992#4992

Angelbaby6994
Posts: 8
Joined: Mon Jun 06, 2005 9:37 pm
Location: In the Biblebelt

Postby Angelbaby6994 » Tue Jun 07, 2005 11:03 pm

Dazeemay,

I'm new to the site and flitting around reading everything I can and just came across your post here of expunging yourself from abuse record's. I got my children back but had to sign a caseplan to do this although I did nothing wrong the judge told me I would never get my children back unless I signed this caseplan so out of desperation I did it and then I did eventually get them back home with me. My question's are:

1.) Being that I signed the caseplan can I still get my name expunged?

2.) I'm in the state of Florida and have heard that it take's 27 year's for this to come off my record, is this true?

3.) What does expunging my name from this list do?

4.) What about caring for children? Can I still do this although this has happened and my children were taken although I got them back?

5.) Can I be a foster parent after this has happened or care for children other than my own at all?

Please let me know as it's what I have alway's wanted to do since childhood and it's really bothering me that I don't know for sure so will not do it until I do.

Thank You,
Angel
Time is a mystery. You can only go forward, and not back, only have memories of a past that you can never relive. So do it right if you can because it can't be changed or taken back once it's gone

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Dazeemay
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Postby Dazeemay » Wed Jun 08, 2005 4:49 am

Are you still under the case plan? If you are then you cannot expunge your name.


If you look at the link I posted above it shows that it takes 7 years before it is expunged or until the child is 18 years old.

Once your name is expunged then when someone from cps or any other agency looks for your name they will not find it. You have a clean record as if it never happened. However, you know and I know it is never ever really over emotionally.

I do not know the answer to your last question but common sense tells me as long as your name is on the registry you will not be able to care for children. You would not be able to go to a daycare and work etc.

Remember what I have said is not legal advice; just advice from one hurting parent to another.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

kdddav'swife
Posts: 219
Joined: Fri Aug 05, 2005 5:36 am
Location: central florida

info about florida and thoughts about expungement.

Postby kdddav'swife » Fri Aug 26, 2005 1:06 pm

In Florida,in unfounded cases the subjects can REQUEST expungement. The court will consider the safety of the child(ren),and the likelyhood of their returning to the system. There are lot of legal proffesionals, even attorneys, who do not even know that this can be done. I finally found a paralegal who will prepare the documents for $125.00. There is also a $75.00 court fee. The time it takes for he court to decide wether or not to grant your request depends on how backlogged they are. The process may take several monthes. Another thing is that in Florida only substantiated reports are contained in the registry. The abuse hotline keeps records of unfounded reports for seven years, provided that no new reports come in.

It was recently confirmed to kdddav and me that in Florida school principals can have access to the "confidential" hotline records.They (principals) can also grant access to anyone at school who has regular contact with the child. This is in the Florida Statutes although I've forgotten which one .This means that any counselor, teacher ect. can look at the hotline records.

This got me thinking that when expungement is granted we should all request our kids school and medical records to see if there is any info about CPS calls or requests ect . If there is then you can request that it be removed. kdddav and I would like to move away from Florida in a few years and do not want any of this to follow us. You can expunge the records, but not peoples memories. I mean the schools and the doctors all know that we have been investigated not just once but THREE times.

P.S. I think that maybe the reason why it is so difficult to find out about the expungement procedure is that maybe they want to keep comming back till they find a reason to take the kids. As long as my name is on the hotline records they can always look me up and find some reason to come harrass me again.

I just realized that I made a mistake when I said that only substantiated reports go into the registry. When I double checked my info I read that Florida is not required to have one. It refers to the hotline which keeps records of all cases for seven years or until youngest child is 18 whichever is first.
Last edited by kdddav'swife on Fri Aug 26, 2005 6:04 pm, edited 1 time in total.
"They keep talking about drafting a Constitution for Iraq. Why don't we just give them ours? It was written by a lot of really smart guys. It has worked well for over two hundred years and we're not using it anymore." George Carlin.

inamess
Posts: 91
Joined: Mon May 23, 2005 5:14 am

Postby inamess » Fri Aug 26, 2005 5:01 pm

kdddav's wife, I was going to pm you, but I figure some other folks might find this info useful as well.

I am curious about something you said. Unsubstantiated cases are not put into the registry at all? And also, the hotline records are for 7 years?

I am wondering where I can find this information. When our case was closed, unfounded, I contacted DCF to find out if our names were going to be put on a registry. I wasn't sure who to call to find out this info, so I started with DCF secretary's office, and was transferred all over the place until I ended up with the office of the caseworker. A caseworker supervisor (I assume) told me yes our name would be on the abuse registry and it would remain there for 50 years! Yes five-oh!

I would love to know where you found your information. I didn't really trust that you-know-what anyway. :D

kdddav'swife
Posts: 219
Joined: Fri Aug 05, 2005 5:36 am
Location: central florida

info on florida

Postby kdddav'swife » Fri Aug 26, 2005 5:35 pm

I am going to make a seperate thread for this information so that other folks in Florida will see it if they come to this site.
"They keep talking about drafting a Constitution for Iraq. Why don't we just give them ours? It was written by a lot of really smart guys. It has worked well for over two hundred years and we're not using it anymore." George Carlin.

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Dazeemay
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Postby Dazeemay » Fri Aug 26, 2005 5:37 pm

How about putting it in the state of Florida thread.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

nooknerd
Posts: 23
Joined: Fri Jan 20, 2006 11:10 pm

Not your fault and still on their records?

Postby nooknerd » Tue Jan 24, 2006 9:09 pm

What happens if the child taken away was not your fault, yet you still were required to go though a six month case plan anyway, with their version of parenting classes (and passed with flying colours)? Is your name still on this database? Why? Wouldn't the offending party's name be on it alone? What about if the offending party sent you into court two or three times because they were the unfit parent, and not you? Would it have to be expunged each time, or once and for all? What if you didn't know about this expungment stuff with the first two cases and your dumb lawyer never brought it up? Do you have to ask to have them all expunged or do you get a 'package deal'?

Those oughta to keep you for a while! :lol: :lol:

(must be getting a bit calmer. getting my sense of humor back a bit!)

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Dazeemay
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Postby Dazeemay » Tue Jan 24, 2006 9:47 pm

What happens if the child taken away was not your fault, yet you still were required to go though a six month case plan anyway, with their version of parenting classes (and passed with flying colours)?


It depends on your state and there policies. You have to know what they say about expungement in your state.

Is your name still on this database? Why?


We have been trying to get our lawyer to bring it to the judge. When we told him about this law he knew nothing about it. His para legal is studying everything we send to her. She can't get him to do it. He lives in a small town and has to live with these people and I think that is why he won't do it. He is afraid to rock the boat.
We are withholding our last payment to him until he does it.

Wouldn't the offending party's name be on it alone?


No, both parents in your case because they are both involved with cps.

What about if the offending party sent you into court two or three times because they were the unfit parent, and not you? Would it have to be expunged each time,
It depends if cps was involved with your party in each case. If not then as far as I know no. But, the baby's name is still on there and would have to be expunged if cps was involved in those cases. If they were then you wouldn't have to do it each time if it is in the same county. If it was in different counties then you would have to remove it from each county I would think even thought it goes into the state register......I am not for sure about that.

However, you didn't know about it so now you have to do it. It is difficult to make the lawyers understand what is going on. If our lawyer does not care about his last payment then we are going to see if we can do it ourselves. If not then we will go to the higher ups.

As you can see it is a working out process still because I found this in something I read and I put it on the site with what knowledge I had. So as yet I am still working on the process of ours being expunged.

Do you have to ask to have them all expunged or do you get a 'package deal'?


The very first time your party's name went on there it stayed there and I am sure they keep files of how many times he has been there.

As far as I know you don't, but would bring that up in your dec of facts and to your lawyer, if cps was involved in all of the cases. Always keep the baby in mind. Even if dad's name did not get on the register mom's did and baby's name did. And I don't know about this, but I would sure try my darndest to get the baby off because it will be detrimental to him/her in their future.

Yep! you kept me busy.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Greegor
Posts: 746
Joined: Sat Apr 15, 2006 10:20 am
Location: Cedar Rapids Iowa

Postby Greegor » Thu Apr 27, 2006 2:13 pm

The move to create a Federal child abuse/neglect registry probably
had a problem, since the state's registries have been found
over and over again to be NOT up to constitutional standards.

In several states they have had to expunge or throw out
the entire registry and start over!

Years ago they came up with a strategy to enable
a national registry check without the Feds actually
holding the database, because of liabilities etc.

The trick is this:
Each state is given money to set up a computer system
that follows a standard so that a federal agency like
FBI or DHHS can search all of them within a short
period of time, basically like the way the internet
itself operates, handing off information.

The state's computer for this is called SACWIS
State Automated Child Welfare Information System.

If somebody works to expunge a registry mark
they might get the agency database expunged
but might not know that a second, somewhat
serruptitious set of books is kept on the SACWIS
computer or database. The Federal DHHS CB
website has a chart breaking down the progress
of all states toward compatibility with the standard.

Beware the sneaky "second set of books"
maintained on SACWIS if you get an expungement.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Sat Oct 28, 2006 7:19 am

Here is a link for a book on expungement, etc.

http://www.uslawbooks.com/books/expungement.htm

If you scroll down to the bottom you will see how to obtain it by having your library order it if you cannot afford to buy it.


How? Ask your public library's librarian to order it for you and general circulation. Libraries welcome your suggestions for great books especially self-help ones that help people such as the law books from U.S. Law Books. Click on this link to print a copy of the special library order form. Take it to your library and ask them to get them for you and other library patrons. Just click HERE and print the page.

Use Our Special Library Order Forms for:
"EXPUNGEMENTS 3rd Edition"-Freedom from the disability of a legal record.
"Eastman on Defending Your Employee Rights 2nd "- Protecting yourself from discriminatory, reatliatory and other forms of wrongful terminations

Library order form link

http://www.uslawbooks.com/books/libraryorder.htm

Form.

Library Order Form for the Best Sellers from U.S. Law Books


Library Request for Book Order

This is Order Form No.



Please Print this Screen and fill in for mail order.

Library Name____________________­­­­­ Defending Your Employee Rights ISBN 0-966201- 8- 0 $
49.95

Address________________________ How to Win A Lawsuit Without a Lawyer 89.95

Town__________________________ Constitutional Warfare 59.95

STATE________________________ Expungements 3rd Edition ISBN 0-9662018- 6 - 8
39.95

ZIP____________________________ Specials Code ____________
Book Total ____
PHONE________________________
Regular Postage and Handling 5.00
Priority Mail and Handling 10.00
Free Shipping for Libraries Shipping
_____

TOTAL _____

E-mail Address__________________

Special Instructions/Comments________________________________________________

How did find out about this site? (WWW, AD or friend)_____________________________

*Note: Prepayment required. Cash, Postal Money Order or Certified Checks Sent Same Day. Required for Rush/Priority Orders!


Personal Checks take 4-6 weeks to clear.

Author, Agent, Seller, and Publisher Disclaimer

I by purchasing, reading, using and keeping this or any book purchased herein agree to release the author(s), editors, any agents or representatives and anyone affiliated with these books and their contents totally of any claims that I have based on the reliance of the information contained in these books. I also understand that laws vary from country to country, state to state, change from day to day and I agree to consult with a court authorized legal professional or attorney before proceeding with any legal action.
My signature for purchase:__________________________ Date:_______________

Northern Star Publishing 181 Springbrook Tr., LMCC, Sparta, N.J. ( 07871)
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Frogmama
Posts: 6
Joined: Sat Nov 24, 2007 3:19 pm
Location: Texas
Contact:

Expungement

Postby Frogmama » Sat Jan 19, 2008 8:52 pm

I never knew you could ask for this!
That is probably why CPS jumps on me everytime someone makes a false accusation,my name is on their list!
When i get my kids back this time,I will make sure to be expunged from BOTH their lists!
I wish CPS could cry the tears I cry,for just one day!
It would be enough for them to quit their job & bring my kids back home before Christmas.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sun Jul 13, 2008 5:37 pm

.

http://www.childwelfare.gov/systemwide/ ... ies/state/

Click the option for you state:

"Review and Expunction of Central Registries and Reporting Records"

.


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