Notice of Action and Rights?

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theoaks
Posts: 8
Joined: Tue Apr 23, 2013 7:31 pm

Notice of Action and Rights?

Postby theoaks » Thu May 02, 2013 9:09 pm

I am officially very confused about CPS.

I was sent today a paper stating that: I am identified on the Central Registry as a person responsible for: Physical Neglect, Failure to Protect, Threatened Harm.

So I am just confused about how I am responsible. I am 20+ (Sissy), as is my sister (Amber and husband) , and my 60+ year old father (Bob) is living with us along with my 15 year old brother (Andy). My father has made it perfectly clear multiple times that we (Amber and I) are not allowed to do anything with Andy, so far as we have not been allowed to help him with homework. The other issue I have is that I have chosen not to call CPS in the past about my brother, even while he killed four of our barn cats, has an unhealthy fascination with guns, has anger management issues and has many times threatened Bob, Amber, and her husband, and has threatened to kill himself. He actually killed the last cat by shooting it with a BB gun, but my father says no the cat was hit in the road (she was not I have worked with veterinarians in the past). Is it even worth it for me to bring this up to CPS at this point? And what can I do to get this expunged? My sister is really sick and the stress could lead to her blood pressure going high again and postponing a life saving surgery she needs. Can my sister get information from her doctors to help her? She (Amber) has been bed ridden for nearly a year now and has been trying to get this surgery for almost three years if not longer.

As my brother has brought CPS into our home for the second time I am already going to have to tell them he is no longer welcome in our house and that should he be found anywhere on our property will be charged with trespassing. I am also trying to talk my sister into a restraining order as we do not know where he is and for the last few months I have been truly worried about coming home from my third shift job to find that my brother has shot every member of our family. What can I do? I have thirty days from May 2nd to decide what to do.

Yes, I have given up on helping my brother at this point when he does things as an adult that are illegal I want CPS to have to take responsibility for him. Although, the more I think about it the more I wonder if he didn't suffer some abuse prior to the age of 5 from his mothers family. I am really torn between not caring about him after what he has done and ......... I don't even know what.

nodramamama2k
Posts: 29
Joined: Tue Apr 30, 2013 8:40 am

Re: Notice of Action and Rights?

Postby nodramamama2k » Fri May 03, 2013 7:45 am

First thing I would do is get a lawyer. A lawyer will be able to help you with local laws and tell you what you need to do to address these accusations.

Have you been investigated by CPS? Try to find out as much info as you can, but do not say anything until you talk to a lawyer. It sounds to me like whatever your brother or the complainant told CPS, they are accusing you of letting it happen. I wouldn't doubt if the other family members in the home are under suspicion as well.

If your brother needs help, after you talk to a lawyer, you should sit down with your family and discuss what treatment he needs or actions should be taken. I can't say you should give up on him, he is family and needs help, but you should not be incriminated or lose your freedom in doing so.

Who legally owns the house? Does your father have legal custody of your brother? If possible, it seems like a good option might be for you, your sister and her husband to move out of the home. Otherwise, you will probably need to get an eviction notice for your father and brother, even if they have no legal claim over the house, it has been established as their home and you probably can't just throw them out. Again, a lawyer will know more.

I can't stress enough getting a lawyer and keeping your mouth shut to CPS, they will twist your words. Good luck!

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monkette31
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Location: Los Angeles, California
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Re: Notice of Action and Rights?

Postby monkette31 » Fri May 03, 2013 9:31 am

That notice, you probably have about 30 days to appeal your placement on central child abuse registry for your state. It sounds like there was a prior investigation and you were found civilly "guilty" of those charges. I think you need to appeal this ruling as it can affect your ability to care for your own grandchildren or even care as a foster mom to any nephews, nieces or your own children. To put it bluntly, with this ruling you are disqualified from caring for any child, with state consent or knowledge.

This ruling will prevent you from ever getting a job where children are involved. It can also affect your rights as far as any future calls concerning your name and cps. Make sure when you respond, you mail the letter within the required time period and certify it so they can't say you didn't respond (which they do).

So, if you all live together in the house, who has custody of Andy? and where has Andy been? Does he not sleep in the home?

Here's the problem, I think. CPS is really not interested in helping anything but themselves. Should you call them again, they might start another "investigation" to determine if a child was abused. Last time, it sounds like, they found Andy as an abused child and you the abuser. That is what CPS needs in order to get help for Andy and get him into services (therapy, group home, etc.), except that they're most likely going to have to find him an abused child again and someone of course (in the home) has to be the perpetrator.

If you are thinking of trying to have Andy removed by CPS, and with your father having custody, they would be charging your father with the failure to protect or whatever abuse and your father isn't going to be happy, having to go to parenting classes, etc. in order to get Andy back. Usually, he will have 18 mos. to re-unify with Andy. That's how CPS works, they need an abuser to remove Andy and that abuser needs to go through a CPS caseplan in order to get Andy back.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

theoaks
Posts: 8
Joined: Tue Apr 23, 2013 7:31 pm

Re: Notice of Action and Rights?

Postby theoaks » Mon May 06, 2013 11:29 am

CPS has already removed Andy.

I will admit to having some words with the CPS worker on her second visit, telling her that as a CPS worker she is NOT one of the few people who can come into a home without permission or a warrant (Conservation Officer's are of the few who can). I did let her in the home, my mistake, but I am not his parent and didn't even think about it. I am not happy about what happened and am less happy she did damage to our property with her vehicle, almost ran over my poultry and me backing out of a driveway you can pull around.

Another issue is that the case paperwork is using an old case which was actually expunged after their counselor said it was unfounded. I am no longer worried about Andy, his lies have led to this, I need to protect our sister (another adult in the household) Shawn, who needs a lifesaving surgery already denied to her once due to blood pressure issues. When they went to court to remove my brother my father also made the mistake of going without a lawyer.

At this point I am trying to get my sister to take out a restraining order against my brother as we do not know where he is. Even when he was living in the house I was always worried about coming home and finding he had shot my whole family and then just gone to school. All the things he is saying other people did to him, are the exact things he did to every person in our home except for me, I am not sure why I was the exception to that.

theoaks
Posts: 8
Joined: Tue Apr 23, 2013 7:31 pm

Re: Notice of Action and Rights?

Postby theoaks » Mon May 06, 2013 11:31 am

I am trying to find a lawyer at this point, I want this dangerous child out of my life for good.


On a side note, there is a mistake on EVERY paper I have seen that gets our address wrong, can this be a problem? And this is an address mistake that can be easily fixed by looking at a freaking street sign. And it is wrong on ALL the court papers (I do not remember it being wrong during the last case).

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

Re: Notice of Action and Rights?

Postby Eljay » Mon May 06, 2013 3:36 pm

What state & county are you in?

On the address, unless it's a mistake that will materially impact the case, then it's not important. Now, if they had the wrong child/family... that'd be another story.
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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