"Unable To Determine" in TX CPS Investigation

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

"Unable To Determine" in TX CPS Investigation

Postby anita22 » Tue Oct 20, 2009 8:25 pm

I am posting this in hopes that someone with knowledge of CPS rules and regulations specific to Texas could help me.

Background: I was the subject of an allegation/investigation regarding child abuse as well as neglectful supervision for a young family member (not my own child) who was in my care.

The child, a toddler, slipped on a floor and fell, causing a bruise to her upper back. One of the child's parents, in an effort of retaliation against me (since this person incorrectly believed I had made a CPS call on him), made a report on me.

I really thought nothing would come of it until I received a form letter today stating that instead of being "Ruled Out" as I expected, that it was CPS' determination that the allegations against me have been ruled "Unable to Determine."

Now while I am sure that this isn't by far the saddest story posted here, I am very distraught to learn (according to the CPS case worker) that this "Unable to Determine" ruling, will end up on a database somewhere and that it will always appear for any background check done on me in the future.

As I understand it, and PLEASE correct me if I am wrong, there is NOTHING I can do about this. I can't appeal it; I can't ask for a review; nada; nothing.

I am really questioning, too, how throughly this so-called investigation was conducted since the only adult witness who was present in the home at the time of the accident was NEVER contacted in any way by CPS. Doesn't that seem a bit strange?

Anyway, if any of you would be so kind as to provide me any input on what course I can pursue, or have any helpful thoughts in this matter, I would be very appreciative.

Many thanks. :) :?:

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Wed Oct 21, 2009 8:16 am

Anyone? :?:

MaggieC

Postby MaggieC » Wed Oct 21, 2009 10:49 am

I am not in TX but most states (most, not all) provide a mechanism to have these determinations either amended or expunged.

Did you receive an official letter with any details regarding an appeal?

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

Postby Marina » Wed Oct 21, 2009 3:21 pm

There are two types of documentation: records and reports. There are different rules for each, according to state.

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

Check out the sections on Reports, Records, and Review of reports and records.

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Wed Oct 21, 2009 3:40 pm

MaggieC wrote:I am not in TX but most states (most, not all) provide a mechanism to have these determinations either amended or expunged.

Did you receive an official letter with any details regarding an appeal?


Thanks. Yes, I did receive an official letter of determination, but no details regarding an appeal. Anything I have researched does address appeals as far as a finding of "Reason to Belive", but nothing as to "Unable to Determine," which is what the CW told me. I have to think, though, there must be something in place to have this reviewed. KWIM?
Last edited by anita22 on Wed Oct 21, 2009 5:21 pm, edited 1 time in total.

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Wed Oct 21, 2009 5:17 pm

Marina wrote:There are two types of documentation: records and reports. There are different rules for each, according to state.

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

Check out the sections on Reports, Records, and Review of reports and records.


Thanks. I did. There were 2 things that confirmed what I had already heard about: 1. My name will now be listed on a Central Registry; 2. I have the right to request copies of the investigations records. According to the CW, it will take anywhere from 6 months to 2 years to receive said records. Gotta love the protracted time frame.

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Wed Oct 21, 2009 5:20 pm

Still hoping someone here has had a similar finding In Texas and can guide me.

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Thu Oct 22, 2009 5:51 am

Call the HHSC Ombudsman office toll-free, 877-787-8999, if you have problems or complaints about a state agency health and human service or program that is not resolved to your satisfaction.


Ask them about the process of an Administrative Appeal or call the workers supervisor and ask the process of Appeal... Record it if your state allows one person consent laws on recording
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Fri Oct 23, 2009 2:11 am

Thanks. I took your advice and sent an email to the Ombudsman asking what redress, if any, was available to me. I felt like I might get a more unbiased and/or less slanted reply than if went through the CW's supervisor.

Not feeling too hopeful, though, as it seems the system is set up to not allow any kind of review that I can find for an Unable to Determine finding - which is unbelievable to me. Guess now I will wait and see what can happen from here, if and when they respond.

If anyone reading this has gone through a similar experience in Texas, I would appreciate any information you would be willing to share. Thank you very much.

MaggieC

Postby MaggieC » Fri Oct 23, 2009 10:45 am

Again, I am not in TX and I am not an atty but I did find this section of The Texas Family Code online.

Whether or not this section is valid, I don't know. But here it is:

§ 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS. (a) The
department shall by rule establish policies and procedures to
resolve complaints relating to and conduct reviews of child abuse
or neglect investigations conducted by the department.
(b) If a person under investigation for allegedly abusing or
neglecting a child requests clarification of the status of the
person's case or files a complaint relating to the conduct of the
department's staff or to department policy, the department shall
conduct an informal review to clarify the person's status or
resolve the complaint. The immediate supervisor of the employee
who conducted the child abuse or neglect investigation or against
whom the complaint was filed shall conduct the informal review as
soon as possible but not later than the 14th day after the date the
request or complaint is received.
(c) If, after the department's investigation, the person
who is alleged to have abused or neglected a child disputes the
department's determination of whether child abuse or neglect
occurred, the person may request an administrative review of the
findings. A department employee in administration who was not
involved in or did not directly supervise the investigation shall
conduct the review. The review must sustain, alter, or reverse the
department's original findings in the investigation.
(d) Unless a civil or criminal court proceeding or an
ongoing criminal investigation relating to the alleged abuse or
neglect investigated by the department is pending, the department
employee shall conduct the review prescribed by Subsection (c) as
soon as possible but not later than the 45th day after the date the
department receives the request. If a civil or criminal court
proceeding or an ongoing criminal investigation is pending, the
department may postpone the review until the court proceeding is
completed.
(e) A person is not required to exhaust the remedies
provided by this section before pursuing a judicial remedy provided
by law.
(f) This section does not provide for a review of an order
rendered by a court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


There is an attorney in TX who is skilled in these areas. His name is Paul Stuckle. You might want to seek him out.

Good luck to you.

anita22
Posts: 7
Joined: Tue Oct 20, 2009 1:23 pm

Postby anita22 » Mon Oct 26, 2009 3:38 am

:D Maggie - Thank you very much! This is EXACTLY what I was hoping was available to me. It just made common sense that some redress under the law was available to review and/or appeal the finding made against me.

This just goes to prove how sneaky and deceptive the CW is, since I specifically asked her what options were available to me to appeal this finding, and she said there was none unless a finding of Reason to Believe was found and then an appeal process was available. I understand it is not her job to educate me, but neither should it be her job to deceive me when asked a specific question regarding my rights under the law.

I truly thought I would be in a position, at the conclusion of the investigation, to file a false report claim against the parent. I am sick over this as I have committed no abuse or neglect against this child.

Thank you again, Maggie! YOU ROCK!

MaggieC

Postby MaggieC » Thu Oct 29, 2009 4:49 pm

Anita, I hope it all works out well for you. I am in NYC. There is a method to the madness here in NY but it still ain't easy to amend a record in the Child Abuse Registry.

Good luck to you-if only our legislators knew how corrupt these registers are.

candymeat
Posts: 12
Joined: Tue Aug 16, 2011 2:12 pm

Re: "Unable To Determine" in TX CPS Investigation

Postby candymeat » Tue Aug 16, 2011 4:29 pm

ok if you all think your lives are bad look at what i wrote they doing to my family and if you know you can help why not help aleast my children?????we are all being abused.... :idea:
Last edited by candymeat on Tue Aug 16, 2011 4:33 pm, edited 1 time in total.

candymeat
Posts: 12
Joined: Tue Aug 16, 2011 2:12 pm

Re: "Unable To Determine" in TX CPS Investigation

Postby candymeat » Tue Aug 16, 2011 4:32 pm

candymeat wrote:ok if you all think your luives are bad look at what i wrote they doing to my family and if you know you can help why not help aleast my children?????we are all being abused.... :idea:

check out face book and twitter.com my page is lamont bennet and see how people are scared the system will do it to them if they take legal,actions??????im in philadelphia,267-456-9016

candymeat
Posts: 12
Joined: Tue Aug 16, 2011 2:12 pm

Re: "Unable To Determine" in TX CPS Investigation

Postby candymeat » Tue Aug 16, 2011 4:34 pm

candymeat wrote:
candymeat wrote:ok if you all think your lives are bad look at what i wrote they doing to my family, and if you know you can help why not help aleast my children?????we are all being abused.... :idea:

check out face book and twitter.com my page is lamont bennet and see how people are scared the system will do it to them if they take legal,actions??????im in philadelphia,267-456-9016

on here i wrotemy por family


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 1 guest