My question involves child abuse or neglect in the State of: MT
Malicious ex-wife doesn't get her way 100% in custody/visitation hearing so files two ''bam-bam'' false CPS neglect reports (had a relative file the second one actually) against me last summer. Had 30 days to appeal them per usual. 20 days into this appeal period just as I had regained my bearings and was prepping my appeal, she gets me arrested on b.s. stalking charges and I sat for 12, yes 12 days, waiting to see a judge because every Judge recused or was removed from case... so had to wait for out of area Judge to be assigned before I could bail out (this is a simplified version of events but trust me, it's as preposterous as it sounds... very much underhanded tactics by State's Atty.).
So by the time I get out it's too late to appeal the CPS stuff (I sent appeal in anyway but got rejected).... fast forward several months and of course the stalking garbage has been dismissed but the Ex is still pushing the CPS stuff and convinces county to pursue Adjudication of the ''Services Required'' findings in order to limit my contact with the kids for a year (she's a severe parental alienator). Well this drags out for months because of Covid and continuations because my first court-appointed attorney bails-out (moved away). Nonetheless, the CPS folks finally grow weary of this and they claim to be satisfied with my completion of 1 of the 3 stipulations they'd made of me so now they say they'll close the case and vacate the request for Judgement. Great, right? Problem is, however, I'll be on the 10-year abuse/neglect registry because there were ''services required'' in the case.... and I don't want that of course because the Ex will use that against me in future custody/visitation proceedings. But since I didn't get the whole thing appealed in a timely matter at the onset I'm basically 'stuck', right? Or what can I do?
CPS is filing for the dismissal in a matter of days..... should I or my attorney beg the Judge to also expunge the registry listing? Can/will he? Or should I object to this dismissal and demand my day in court? Am I correct in assuming that if the Judge doesn't agree with the allegations that the registry listing doesn't then attach?
(and, yes, I know in this area there's lower burden of proof as to the allegations but I'm very confident in my defense and the Judge has already hinted in previous proceedings that he sides with me and realizes the case is extremely weak/contrived).