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  1. #1
    Join Date
    Jul 2015
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    2

    Default Child Protective Services Investigation, Indicated in One State, Unfounded in Another

    Our question involves CPS law in the State of: Pennsylvania and Massachusetts

    I hope I got this in the right place...

    (I apologize for the redundancy and repeat of words as again it seems to get confused a lot in court. The prosecutors keep getting confused and saying that the allegations and location was when they were in Massachusetts after the father attained the children. We must consistently and constantly explain that the allegations are referring to when the children were with us in Allegheny County Of Pennsylvania.)

    We currently live in Westmoreland County of Pennsylvania and are dealing with Westmoreland County child services. We've been involved in CYS for nearly 2 years now. The situation we are dealing with right now is:

    Facts: ( In order from the beginning to now)

    1.) The father unlawfully obtained custody of the children and transported them to Massachusetts

    2.) We are indicated for child abuse in the State of Massachusetts. The report of indication of child abuse was of the time that the children were with me and her mother in Allegheny County of Pennsylvania.

    3.) We get involved with CYS in Westmoreland County of Pennsylvania for a unrelated incident and CYS discovers Massachusetts indication status. (Which we were not aware of at the time)

    4.) Our child was removed from our custody.

    5.) Westmoreland County refers the case to Allegheny County CYS for investigation.

    6.) Allegheny County collaborates with Massachusetts.

    7.) Despite massachusetts's indication status, Allegheny County determines it to be unfounded.

    8.)Westmoreland ignores the information and status from Allegheny County Of Pennsylvania.

    There seems to be a clear instance of Double Jeopardy going on here. Although I understand that the Double Jeopardy clause pertains to criminal law, I was hoping it may have some bearing on civil law. How can one agency disagree with a another agency and not raise questions in court?

    My next court date is in a few days, they will now determine if I will retain parental rights. I don't understand, how can they go so far with this with such shady evidence. Who has the ultimate say? Between Three Counties?

    There was no physical evidence, just a forensic interview. And even that interview conflicts with itself. Which is why Allegheny County unfounded it. They told me there are too many inconsistencies.

    We are at a complete loss on how to deal with this situation. We live in the state of Pennsylvania one County over from Allegheny County. I would figured that this state would have the ultimate say. I figured the county of Pennsylvania in the state that which we live in and the state in which they alleged the abuse would have the ultimate Say by jurisdiction point of view.

    Westmoreland County is only going by what Massachusetts says. And is completely ignoring what Allegheny county is saying. I'm not sure where to go from here, every time I bring the subject up in court it is completely ignored , I feel there is no due process. The caseworkers from Massachusetts is not available to be questioned about the subject in court. It seems the premise is that fact that Massachusetts has indicated me in abuse and don't care to actually hear the evidence of how they came to that conclusion. As if I have no control over what people saying and can't raise the issues of the inconsistencies in the case.

    I would appreciate any advice/direction that we can possibly take. I hope this will illustrate the very, vary long process we are enduring. We just wish to reunite are family and close this chapter in our life.

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