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  1. #1
    Join Date
    Aug 2007
    Location
    Lynchburg, Virginia
    Posts
    6

    Default False Allegation and CPS Record

    I have posted on another board, and not let on entirely about situation. Only gave information needed dealing with the exact issue. In all reality, my husband and I are having an extremely hard time.

    We live in Virginia and have two young children. Before our marriage, he was married with two small children. He allowed the grandparents to have custody because he felt unable to support them alone and his ex-wife was useless. We started dating and moved in together and I was willing to help him do what he needed to do to get his children. In that time period, his ex got a bogus restraining order. Her parents were in on it, and were "witnesses." That alone was enough that he couldn't get custody. We fought, and he started out with supervised visitation at DSS, then 3 hours every saturday, then 8 hours every saturday. Things were going good. Then, one October, a CPS worker comes and says that someone filed a report saying that I neglected MY children. (at the time 7months and 5 years) I cooperated fully and figured it was the grandparents retaliating because we were getting more visitation. The allegation were unfounded and dropped. Then the next month, another one comes. This time for HIS children. They call the day before and "make and appointment". Supposedly we are allowing the to watch "nasty movies" and sing "nasty songs." We allow them to search every movie we have, in every cabinet. We submit our cable bills to show that we don't rent them either. We have no recording equipment. NOTHING.

    It all ended up badly. We fought and fought. Had myself and my 15 year old brother to back my husband up that he was never alone with his children. (We only had one car, and my brother kept my children if he and I ever needed to take them anywhere.) Psych evals were done on him and the grandmother, and a forensic evaluation was done on the children. Because one alleged abuse and supposedly witnessed the other being abused (even though the other never admitted abuse) that's all CPS wanted. They entered it founded. Which stays on his CPS record for 18 years. No criminal charges were filed. No phsycial evidence was ever found. He went through two appeals. The founded stuck, but of courses it would, they were inter-office appeals. He told his lawyer to appeal the for the third time, which would take it into circuit court and FINALLY out of social services. She did not. She missed the deadline, and said she "misunderstood what he wanted." Now he's screwed. He was willing to eat it and deal with it until now....

    His mother is bipolar and an awful caregiver. She has since had her children taken away. She has visitation with his 3 siblings, one being in a group home as he's 17. He was allowed to visit his siblings until recently. His old caseworker saw him, and immediately he was no longer allowed to visit. This was last month. Suddenly this month, he is no longer allowed to see his 17 year old brother.

    Does anyone have any experience with Virginia CPS? Since his lawyer missed the last appeal, does he have any recourse? The thing we fear the most, is our two children that haven't been touched by any of this. We don't feel they have a right to deny sibling visitation of siblings, but any advice would be helfpful!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Allegation and CPS Record

    When you blow an appeal deadline, that can eliminate an appeal as an option. What did his lawyer say when he asked her?

  3. #3
    Join Date
    Aug 2007
    Location
    Lynchburg, Virginia
    Posts
    6

    Default Re: False Allegation and CPS Record

    He happened to have a meeting with her, and asked what was going on with the third appeal. In his words, he said she looked like she $H1t a brick. She said she didn't know that he wanted her to, not for sure anyway. But, when this all started and CPS took the complaints as "founded" we BOTH told her that we wanted to take it as far as we could. This record keeps us from foster parenting, or adopting, or him from having any job that checks the central registry. He saw her the other day, and she was quite rude, saying she "remembered things differently." I don't know what to do. The statute makes it clear what time periods you have to file an appeal. I feel like we should have been aware, but jeez, we were paying out the you-know-what! We still owe $1,000. I'm considering that debt when we file for bankruptcy. Don't even know if that will qualify. I just hate to pay her another dime after she's screwed up his last chance.

    Anyhow, rambled long enough.

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