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  1. #1
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    Angry Falsely Accused Battle with DCF Just Beginning

    My question involves criminal law for the state of: Florida.

    DCF investigation brought against my fiance for allegedly touching my daughter. We believe malicious intent is behind this case from custody issues with my grandparents. I have found out, since the case started, that my grandmother was the initiator. DCF hasn't called ANY contacts we have given them (my fiance's dad, my ex's family, my parents). They snatched my fiance out of the kids lives before we even knew what was going on. Now, there wasn't enough evidence to prosecute and the case has been closed but DCF still will not allow him around the children, with the threat that they will be taken from ME if this ever occurs. I was pretty much scared into signing papers stating this understanding. Even with no evidence to arrest, they (the DCF investigator & whatever other professionals she claims she supposedly talked to) still "believe" it truly happened only because my daughter was so "descriptive". My daughter is incredibly bright, has made up stories before (never like this, but regardless..). She could very easily be coached into something so sick as to claim this as long as she thinks she's doing what she was told. Both stories (from her and my grandmother) have changed since the initial interview. I've written everything down and it seems like that was just pointless effort. I have YET to see the video recorded interview. I wasn't allowed in the room for that interview and had to send my child in to be questioned by DCF, CPS and the detective. I still have seen no reports. It feels like they're hiding something. BOTH kids ask for him every day. He (my fiance) is crushed not being able to see him. He's been the only daddy figure they've ever known. Would this be different had we been married and had he been the biological father of her? Can they legally keep him away from them if the case is closed and there is no evidence?? I'm also now required to take my 5 year old to counseling classes (as if she hasn't been through enough with their questioning) and I have to attend parenting classes (for what.. I don't know). Seems they pinned him guilty before they even knew anything and haven't even tried to hear arguments against that. I feel like the DCF investigator is basing too much on personal belief and not so much on legality or truth. There is so much more to this story but I will spare the lengthy details. I just want to know if this is legal.. or are they just trying to scare me? Should we get a lawyer and take this case to court? Please help!

  2. #2

    Default Re: Falsely Accused Battle with DCF Just Beginning

    Quote Quoting BusyBeeME
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    My question involves criminal law for the state of: Florida.

    DCF investigation brought against my fiance for allegedly touching my daughter. We believe malicious intent is behind this case from custody issues with my grandparents. I have found out, since the case started, that my grandmother was the initiator.
    Sadly, this is too often the case. Some people will stoop to anything to get what they want, regardless of who it hurts or how. In the end, it's the children that suffer the most, and the longest.


    DCF hasn't called ANY contacts we have given them (my fiance's dad, my ex's family, my parents).
    Standard procedure and not unusual. The names people give as references are usually the names on the "side" of the party providing the names, and are generally assumed to be given because they will offer preferential testimony. Investigators know this drill and will gather a list of as many potential contacts who can provide information on the situation and concentrate on people NOT named whenever possible (less liklihood of bias this way). Sometimes such references are the ONLY people who have information (especially infants as they're not in school yet and have few contacts outside of close family), but just as often there are folks like neighbors, teachers, daycare workers, acquaintances of the parents, the child or both who will be sought out to comment on their observations as discretely as possible. Case in point, when interviewing for a law enforcement position, I gave 10 references, people who had known me for 8 years or more. None of them were contacted, but investigators showed me the interviews they did with 17 OTHER people, going back more than 20 years to my high school English teacher!

    They snatched my fiance out of the kids lives before we even knew what was going on. Now, there wasn't enough evidence to prosecute and the case has been closed but DCF still will not allow him around the children, with the threat that they will be taken from ME if this ever occurs.
    I was pretty much scared into signing papers stating this understanding. Even with no evidence to arrest, they (the DCF investigator & whatever other professionals she claims she supposedly talked to) still "believe" it truly happened only because my daughter was so "descriptive".

    The criminal case lacking enough evidence for a successful prosecution has no bearing on CPS holding the opinion that the risk to the child is real and valid based on whatever they're going on. Remember, when in question, it's generally held to be in the best interest of the child to err on the side of caution. One really has nothing to do with the other. In criminal cases, police often know "whodunit", but frequently can't PROVE it. The difference with CPS cases is that they are given leeway to act on behalf of the interests of the child considering the overall preponderence of whatever evidence they have, without the need for a formal conviction on criminal charges. People don't get "sentenced" to "loosing the child", they get convicted of crimes, and that's an important legal distinction to make.

    My daughter is incredibly bright, has made up stories before (never like this, but regardless..). She could very easily be coached into something so sick as to claim this as long as she thinks she's doing what she was told. Both stories (from her and my grandmother) have changed since the initial interview. I've written everything down and it seems like that was just pointless effort. I have YET to see the video recorded interview. I wasn't allowed in the room for that interview and had to send my child in to be questioned by DCF, CPS and the detective. I still have seen no reports. It feels like they're hiding something.
    They have no mandate to disclose investigative interviews to the parents - doing so would only serve to taint any later investigations (once a suspect of a crime knows how investigators are directing the investigation, it opens the door for suspects to alter their actions to try to achieve some perceived desired outcome - in other words, if someone was guilty and investigators disclosed how they got caught, they'd learn to be better at not getting caught).

    BOTH kids ask for him every day. He (my fiance) is crushed not being able to see him. He's been the only daddy figure they've ever known. Would this be different had we been married and had he been the biological father of her?
    Well several things would be different in your particular case - the obvious one being that you'd have different in-laws with a different agenda in regard to the child and the whole thing might have been the furthest thing from anyone's mind.

    Another is that statistically, just like the ex of a murdered woman is generally assumed to be the prime suspect until eliminated, in cases of child molestation, even given NO information about a case, investigators would generally assume as a starting oint that the non-biological parent involved is the prime suspect. Sorry to say, but second only to the primary care-giver (mother OR father), more often than not in genuine similar cases, that's who turns out to "have done it". Not that any other possible suspect wouldn't be considered - they certainly would be - but a person in the position of opposite-sex non-married suspect is going to draw the bulk of the "fire" unless they can be eliminated; particularly if the victim or any potential witnesses (either actual or character) point in that direction. Not fair, I agree, but over time turns out to be true too often to NOT give such an accusation a chance at it being a strong possibility (which brings us back to the whole "err on the side of caution" thing). So yes, him not being the bio father and you two not being married MIGHT play a role in giving the accusation a glimmer more credibility.

    Can they legally keep him away from them if the case is closed and there is no evidence??
    There IS evidence. There are the initial reports as well as the successive interviews with the child. It's not that there's NO evidence, it's that there's not enough evidence for the prosecutor to get a conviction - a burden CPS doesn't have to meet in order to get a judge to sign off on removal. Be careful of not falling prey to the "CSI effect" - testimony is just as much evidence as a fingerprint and in the absence of physical evidence (which often doesn't exist in such cases), the case hinges on the testimonial evidence. But yes, if a directive to keep him away from the child(ren) is in place and is violated, it can not only have consequences for HIM, but they could in theory remove the child from YOU for "failure to protect". CPS is not an agency to give the finger to and hope for the best. Obey to the letter whatever directives they've given (even if they're not fair and you don't agree), as hard as that will be, UNTIL that directive gets changed (which I would most STRONGLY recommend you get an experienced attorney to assist you with). Don't give up that this can't turn out with your "family" reunited again, it can...but you have to play the game by their rules to make that happen and a seemingly simple violation can immediately chalk up one in the "loss" column, so keep the long term goal in mind, even when the daily absence of the fiance is forefront in the minds of you and the children.


    I'm also now required to take my 5 year old to counseling classes (as if she hasn't been through enough with their questioning) and I have to attend parenting classes (for what.. I don't know). Seems they pinned him guilty before they even knew anything and haven't even tried to hear arguments against that. I feel like the DCF investigator is basing too much on personal belief and not so much on legality or truth. There is so much more to this story but I will spare the lengthy details. I just want to know if this is legal.. or are they just trying to scare me? Should we get a lawyer and take this case to court? Please help!
    Everyone bases every decision in life on personal belief - but, the folks at CPS really DO "get it" that accusations like these ARE often rooted in nasty internal family custody and visitation squabbles - and they hate investigating such cases as much as innocent families hate going through it - but their mission is to protect those who can't protect themselves and they have to take each case on as if it were fully valid. Without seeing all of the interviews with the child(ren) and those associated with the case, no one can really say WHAT they are basing their actions on; but remember, their primary function is to protect the child - and when given ANY small scrap (whether coached or fabricated or what have you) that might support an allegation, they will be OVERLY cautious until they see evidence of compliance (like the parenting classes); then they can start to relax their posture and the protective stance once they're convinced that the threat is non-existant. Yes, follow whatever direction CPS has given until told to do otherwise. Yes, speak to an attorney and let the attorney advise you on whether compliance will be enough, or if you'll need to take the matter to court.

    Hang in there!

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