I had someone report that I was abusing my son physically and emotionally in retaliation to an argument we were having. CPS came and investigated and I was told that they had no concerns and that they were going to report the allegations as unfounded and get the case closed as soon as possible. Almost two months later I finally have received a letter and it states that in regards to the allegations of physical abuse they have found them to be unfounded, but for emotional abuse it is checked both unfounded and substantiated. How can she tell me everything is unfounded and then mark it as founded? Don't all substantiated cases get forwarded to the Index? Does this mean that now I'm on some list of abusers?
You would be best served by having local counsel review the findings and file an appeal if that is warranted. There should be information in your paperwork about what to do to appeal, including the deadline.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
CPS social workers investigate abuse allegations and then they must return to their supervisors who then sometimes second guess their own workers and make them change the conclusions. This may have happened in your case.
Even if a worker "substantiates" abuse in their own system, this does not mean they have reported you to the Department of Justice.
If you have been reported to the Child Abuse Central Index (CACI) - you will receive a formal notice and be given an opportunity to ask for a grievance hearing. Hire a Juvenile Dependency Attorney to go tot eh grievance hearing with you.
A mistake could have been made. You may want to phone the social worker on the case about this
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