Results 1 to 3 of 3
  1. #1

    Default Child Removed from Home After Injury Despite No Proof of Abuse

    My question involves an injury that occurred in the state of: tennessee.

    my 10 months old daughter was pulling up on her walker in the dining room and it rolled out from under her causing her to hit her head on thr floor which is linoleum over pure concrete. she was perfectly fine after being held and loved on after falling. about 4-6 hours later we noticed a knot on the side of her head and immediately rushed her to the E.R.
    they said there was a fracture and hemitoma(probably misspelled) to the side of the head with the knot. they brought in the abuse doctor to speak to me and her father seperately about everything then cps stepped in saying the abuse doctor said there was no possible way a fall could do that, that she was abused and told us we had to leave the hospital that we couldn't be there with her anymore. we now are battling to get our daughter back, cps place her in custody saying there was an unknown perpetrator in the home. we now have to go 6 months to a year without our little girl when bo one did anything to her, dcs has NOT investigated anyone in the home of the child except me and her father, they have not looked at the area where she fell, NOTHING!
    is there something we can do, this can't be right. we have researched a lot about this and came across things about the abuse doctor who concluded that this was abuse and she has made false accusations before and tried ti bribe the parent with hush money when he tried to sue her and when he wouldn't take it she fled the state.
    please we need help, we are now almost at a month without seeing our daughter. she is our life, everything we have ever done was for her, our life revolves around her someone please help!

  2. #2

    Default Re: Can CPS and Dcs Remove Child from Home with No Proof of Abuse

    A message board isn't going to be able to assist you. You're going to need the services of a family law attorney who specializes in CPS abuse cases. CPS goes on (a) the nature of the injury, with head injuries being the most frequently seen trauma (after shaken baby syndrome), and (b) the report of the medical professional who makes the recommendation. If you want to challenge the physican's findings, you're going to need an attorney who can dispute the original doc's findings.

    she was perfectly fine after being held and loved on after falling. about 4-6 hours later we noticed a knot on the side of her head and immediately rushed her to the E.R....they said there was a fracture and hemitoma(probably misspelled) to the side of the head
    So no, she wasn't "perfectly fine" - she had a skull fracture.


    dcs has NOT investigated anyone in the home of the child except me and her father
    Which may or may not be appropriate. Who was supervising when the child fell? That person/s are the only ones likely to be relevant to an investigation.

    This isn't going to be a "do it yourself" matter. You SERIOUSLY need the services of an attorney here.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Sep 2010
    Posts
    6,802

    Default Re: Can CPS and Dcs Remove Child from Home with No Proof of Abuse

    A temporary removal can be done on just about anything. A hearing should be held within 3 days to further pursue the matter, but frankly, things are pretty much stacked against you there as well. A review of the appellate law shows that Tennessee CPS is ripe with misconduct. You'll need a lawyer on this. This is not something you will self-navigate with any success.

    1. Sponsored Links
       

Similar Threads

  1. Child Abuse: Car Accident Injury Mistaken for Abuse
    By mismybaby in forum Abuse and Neglect
    Replies: 1
    Last Post: 10-23-2011, 10:36 AM
  2. Child Abuse: Child in Major Abuse Situation at Home With Her Family
    By Sparkboy77 in forum Abuse and Neglect
    Replies: 2
    Last Post: 12-23-2009, 02:41 PM
  3. Can I Be Sued Over Property I Removed From My Home
    By morganandb in forum Personal Property
    Replies: 4
    Last Post: 12-05-2009, 01:00 PM
  4. Child Abuse: Proof Of Abuse By Father, But Mother Is Being Punished
    By kungfucate in forum Abuse and Neglect
    Replies: 3
    Last Post: 12-11-2007, 06:56 AM
  5. Child Abuse: Does emotional abuse fall under child abuse?
    By silenttears in forum Abuse and Neglect
    Replies: 2
    Last Post: 05-26-2006, 03:51 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document