How do I appeal a substantiated CPS claim?

Asked over 4 years ago - Sacramento, CA

I had a bad divorce with allegations that went back and forth. I have a substantiated sexual abuse claim with CPS although the DA did not prosecute and Hon. Cecil threw the claim out during a DVRO trial. How do I present the new evidence and documentation CPS was not privy to at the time of the substantiated claim? I took a poly and passed, the medical report didnt support the claim, and the child has now recanted and made physical abuse allegatiuons aginst the mom plus told Sac PD mom asked them to lie. CPS tried their lucky in dependancy court but were unsuccessful. Mom and I were cleared of new allegations but I am tired of going to court and TDM's and Ex-Parte's. We have a new CPS worker who said she was suspicious of the substantiated claim but her boss told her to let it go.

Additional information

I have not had any hearing regarding my substantiated claim and even the new worker felt that the new evidence was compelling. I retained counsel, 10K upfront with 5K in credit, but I now worry that he is in the twighlight of his career, has a bad relationship with our "homecourt judge", and might not be able to take us to the next level. He has allowed me to do much of the research but we only achieve short term victories that the mother, In Pro Per, seems to be able to undue with new allegations. We negotiated a new order and vacated the 3111 before the report was written and two months later she was able to get the mediator to submit it and got temporary custody through and Ex-Parte as the judge said he had nothing else to rule on. Is this normal?

Attorney answers (1)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . There are procedures to challenge your inclusion on the CACI (Child Abuse Centralized Index). If you had that hearing and lost, you can try to seek a re-hearing with CPS.

    In Sacramento, I'd suggest contacting Eve Cox (www.cpsattorney.org) or here via her profile on avvo.com.

    Good luck.

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