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Kyle Jordan Sosebee

Kyle Sosebee’s Answers

29 total


  • Cps indicated me on lack of supervision, can job still hire me?

    Kyle’s Answer

    While it is true that an indicated case does not automatically bar your from teaching, it is entirely possible that it will negatively impact your career. Depending on your facts and circumstances, you may be able to challenge the indicated case and have it amended or prevent it from being disclosed to an employer. You may want to contact an attorney experienced in SCR and OCFS fair hearings.

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  • ACS caseworker tempared with the report she prepared for my court case.

    Kyle’s Answer

    The real issue for you is not whether the caseworker did something wrong, but whether that report will affect your case. If another party (ACS, the other parent, the attorney for the child, etc.) tries to use the report against you, you (or your attorney) may be able to object to the court seeing the report, you could request a hearing to test the statements in the report and offer your own evidence, you could subpoena the caseworker to testify, and you could subpoena the caserecords that should document the caseworker's activities. If you gave evidence and a drug test to the caseworker, you should bring copies of those same documents to court to give to the judge and the other attorneys. Don't count on the caseworker to defend you.

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  • If MY HUSBAND AND I HAVE AN OPEN INDICATED CPS CASE WILL WE LOSE OUR EXPECTED CHILD?

    Kyle’s Answer

    If the main problem is the grandparents making allegations, it does not seem like that will be a problem with your expected child, because your daughter's paternal grandparents will not have a relationship or contact with the expected child. However, your question is not clear whether you have an active court case (as opposed to an investigation), but it is likely a court case if it has been ongoing for 2 years. If your daughter was removed from your care by the family court because of a child abuse case, then it is very possible that the agency will file another case when your expected is born. The theory is that if you have failed to regain custody of your child, there must be a persistent problem that could endanger any child in your care. But the filing of a court case does not automatically mean that the child will be removed; the agency would still have to show that the newborn would be at risk in your care. You should consult with an attorney as there may be steps you can take now, before the child is born, to mitigate the possibility of removal.

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  • Child custody

    Kyle’s Answer

    It sounds like you are describing a KinGap situation where the foster care case has ended and the grandmother now has subsidized guardianship. If this is true, the father would need to petition for custody of his children. The big question is why didn't he seek custody of his children previously, before grandmom received guardianship? It sounds like he got a late start in the game, or he was somehow at fault from the beginning (and when it comes to the welfare of your children, not being there when the other parent is in trouble is itself a kind of fault). Either way, he will need an attorney to show the court why the children would now be better off with the father than the grandmother.

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  • Do I need an attorney when an ACS report has been made?

    Kyle’s Answer

    The ACS worker has to do her job and complete her investigation. There is no way for you to cut that short. Many caseworkers use threats of removal to help ensure the parent's cooperation which makes the worker's job easier. But when it comes down to it, you are not required to let a government agent in your home without a warrant. If you find it difficult to assert your rights, you may benefit from having an attorney assist you. If ACS schedules you for a Child Safety Conference, you should contact an attorney immediately, as this signals pending court action and they may be serious about seeking to remove your child.

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  • Can I become a teacher if I have a founded cps care from 3 years ago for lack of supervision

    Kyle’s Answer

    Despite the lapse of 3 years, you may still be able to challenge the indication of the case. You can contact OCFS and request that the agency review the case and you may still have a right to a hearing to seek an amendment. Successfully amending the case would make it significantly easier to be hired as a teacher.

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  • Can CPS open a sealed record that was disposed of by a judge 15 yrs ago and put my name on a child abuse register?

    Kyle’s Answer

    If you only recently learned that your name is on the registry, you may be able to still request an amendment and/or a hearing to contest the determination of your case. You should find a local attorney who is familiar with the State Central Registry and can help you write the appropriate letter to learn more information about your case and request that your name be removed from the registry.

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  • Help with child in ACS..

    Kyle’s Answer

    The conference on Monday is likely a Child Safety Conference. This is the conference at which the agency decides if it will file a court action against you. Since they have already removed your son from your home, then ACS has already made a determination that your son would be at risk if he remains in your home. Unless they change their minds at the conference, they will be required to go to court to maintain the removal. The facts you convey do not suggest a need for the removal of a child, which makes me think that ACS has a different story about what happened. You should consider speaking confidentially to an attorney.

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  • Is their a section of the law that the case could be reopened under?

    Kyle’s Answer

    If your request to have your indicated case was denied because it was late, you should write to OCFS again and explain in detail when you received notice and when you made your request for amendment. What matters is when you actually received notice that you had an indicated case. It is the burden of ACS to prove that you were notified timely.

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  • What is the procedure for ACS cases and how do you handle them if I get investigated? Lastly, Will I need an attorney?

    Kyle’s Answer

    If ACS investigates this allegation, a caseworker will be coming to your home to look around, see and speak to your children, and interview you. It's a good idea to be prepared for this event as this initial contact with ACS can have a big impact on the outcome of the investigation. You may wish to speak with an attorney experienced in such cases to understand how best to handle the investigation. Depending on the results of the investigation, ACS may ask you to attend a Child Safety Conference. This is a signal that ACS is considering legal action against you. Again, you may wish to speak to an attorney at this point. Depending on the outcome of the Conference, ACS may ask you to do certain things, or the agency may file a court case against you. If they file a court case, you will certainly need a lawyer as the potential consequences are significant.

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