CPS Worker Slander in Open Court?

[evamarie2002]

What is the name of your state (only U.S. law)? Texas

My husband's 14-year-old cousin accused her father of touching her inappropriately for the third time, and was taken into CPS custody. When my husband and I learned of the predicament, and that the state intended to take custody and place her in foster care, we contacted the CPS worker for her case. Just to note, my husband and I took custody of the child temporarily during the other two allegation investigations.

After several weeks of contact with the worker, the lawyer requested our presence in court. After docket call, I approached the case worker and lawyer to let them know that I was there. They were speaking about the case, and did not acknowledge my presence so I seated myself next to them. The caseworker continued on, and stated that she did not see, "how she can place a child that is making sexually based accusations in the home of a former prostitute. The husband's drug charges can be explained as being young, because he is only 21, but the wife (my name) is a prostitute. If she self-reports that then there is no way we are going to place the child with her. She already mentioned it in a previous interview." The lawyer tried to explain that my husband and I live in a nice area of town, are both employed, and that I am a BA student in Psychology. In addition, we have 3 healthy, happy children in which no CPS involvement has ever been necessary.

I was arrested for prostitution over 3 years ago; however, the judge believed I was in the wrong place at the wrong time, and since there was no direct evidence against me for the crime, he ordered that I participate in deferred adjudication. It should be further stated that the state of Texas does not typically assign this to a sex-based crime. I have no convictions for this on my record, and the CPS worker was discussing this in open court and dragging my name through the mud.

The only reason they were even aware of this was because in my second interview (during second allegation investigation), the caseworker asked if I had ever, "been arrested for anything". I answered honestly, and told her that I DID NOT have any convictions. Furthermore, at that time the caseworker left the child in our custody until the conclusion of their investigation.

I want to know if there is anything I can do to address her inappropriate comments. She continued to talk about me in this negative way for 15 minutes, until she asked the lawyer if anyone was there for the child. He said no, and I politely tapped him on the shoulder and told him that I was present with my husband, and that I was the person they had been talking about for the past 15 minutes. At this point, they looked at me flabbergasted, and the caseworker did not speak to me again throughout the duration of the "show cause" hearing.

I feel as if I voluntarily put my family under the microscope to help a troubled teen, and they are using items that are not on my criminal record to judge me. I also feel as if her comments were unprofessional, unethical and show malice and forethought.

Please advise!

[Hisbabygirl77]

Originally Posted by evamarie2002

What is the name of your state (only U.S. law)? Texas

My husband's 14-year-old cousin accused her father of touching her inappropriately for the third time, and was taken into CPS custody. When my husband and I learned of the predicament, and that the state intended to take custody and place her in foster care, we contacted the CPS worker for her case. Just to note, my husband and I took custody of the child temporarily during the other two allegation investigations.

After several weeks of contact with the worker, the lawyer requested our presence in court. After docket call, I approached the case worker and lawyer to let them know that I was there. They were speaking about the case, and did not acknowledge my presence so I seated myself next to them. The caseworker continued on, and stated that she did not see, "how she can place a child that is making sexually based accusations in the home of a former prostitute. The husband's drug charges can be explained as being young, because he is only 21, but the wife (my name) is a prostitute. If she self-reports that then there is no way we are going to place the child with her. She already mentioned it in a previous interview." The lawyer tried to explain that my husband and I live in a nice area of town, are both employed, and that I am a BA student in Psychology. In addition, we have 3 healthy, happy children in which no CPS involvement has ever been necessary.

I was arrested for prostitution over 3 years ago; however, the judge believed I was in the wrong place at the wrong time, and since there was no direct evidence against me for the crime, he ordered that I participate in deferred adjudication. It should be further stated that the state of Texas does not typically assign this to a sex-based crime. I have no convictions for this on my record, and the CPS worker was discussing this in open court and dragging my name through the mud.

The only reason they were even aware of this was because in my second interview (during second allegation investigation), the caseworker asked if I had ever, "been arrested for anything". I answered honestly, and told her that I DID NOT have any convictions. Furthermore, at that time the caseworker left the child in our custody until the conclusion of their investigation.

I want to know if there is anything I can do to address her inappropriate comments. She continued to talk about me in this negative way for 15 minutes, until she asked the lawyer if anyone was there for the child. He said no, and I politely tapped him on the shoulder and told him that I was present with my husband, and that I was the person they had been talking about for the past 15 minutes. At this point, they looked at me flabbergasted, and the caseworker did not speak to me again throughout the duration of the "show cause" hearing.

I feel as if I voluntarily put my family under the microscope to help a troubled teen, and they are using items that are not on my criminal record to judge me. I also feel as if her comments were unprofessional, unethical and show malice and forethought.

Please advise!

So she stated something that was in fact true.....What is the issue then? I understand it was your past. But it is YOURS. You dont have to like that she had issues with it but they are valid issues. Sometimes in our life even though we pay the consequences and we change our ways our past comes back to haunt us. This seems to be the case here. So what is your question?

[Proserpina]

I was arrested for prostitution over 3 years ago; however, the judge believed I was in the wrong place at the wrong time, and since there was no direct evidence against me for the crime, he ordered that I participate in deferred adjudication.

I note that you haven't actually denied the accusation.

So, convictions aside, what gives?

[Isis1]

yeah, um, i'm going to say something slightly different ladies....

you were arrested. not convicted. and when the social worker stated before the court declaring you were a prostitute, you should have objected.

now, as far as slander goes, it was in court. this wasn't broadcasted over international news. your criminal record, is public record. and unless your boss, and all future bosses, community outreach supervisors, your priest/preacher/medicine man/voodoo queen was sitting in that courtroom, you don't have a slander case.

[Hisbabygirl77]

Originally Posted by IsabellaSoriano

yeah, um, i'm going to say something slightly different ladies....

you were arrested. not convicted. and when the social worker stated before the court declaring you were a prostitute, you should have objected.

now, as far as slander goes, it was in court. this wasn't broadcasted over international news. your criminal record, is public record. and unless your boss, and all future bosses, community outreach supervisors, your priest/preacher/medicine man/voodoo queen was sitting in that courtroom, you don't have a slander case.

Ok I can see your point on this one. My thinking is the poster never once stated she didnt do what she was accused of in my mind that makes me think its because she was in fact a prostitute...... she hasnt come back to confirm or deny. But I get what you mean and agree.

[Proserpina]

Did this actually take place in court? Where? When exactly?

[quincy]

The discussion between the caseworker and the attorney, even if overheard by others, would be considered a privileged communication, because the communication was made in connection with a judicial proceeding and was pertinent and material to the proceeding.

Statements made preliminary to or in preparation for a judicial proceeding are immune from civil liability and prosecution, even when the statements are false and defamatory (and, in your case, the statements made seem to be substantially if not entirely true).

You did, in fact, put yourself and your family "under the microscope to help a troubled teen." Your history is fair game and you will be judged based partly on this history.