DHS APPEAL lost paperwork

[Anjelita]

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

GRRR. You would think the physical abuse my son endured was ENOUGH, now he's being forced to relive his horrid ordeal OVER AND OVER so his "father" can try to get off in every way possible. When does the abuse end??

My now 9 year old son was physically abused for 2 days over Memorial Day weekend 09'. DHS findings were INDICATED. Criminal charges were pressed, went to pre-trial LAST week (2 days after the poor kids birthday-and after having to show up to court TWO times before only to have the criminal ask for continuances), my poor son had to be in the same courtroom as his "father" and state everything that he endured for TWO days. He did a great job. Judge decided to proceed with all of the charges (felony 1 & several misdemeanor 1s). Great news.

Then I just get a phone call from DHS attorney saying my son and I need to be in court MONDAY! Because his "father" is appealing the DHS findings. AND GET THIS - DHS LOST MY SONS PAPERWORK! So not only does my son have to go thru the SAME thing he JUST went thru last week, but now DHS isn't even prepared?! NO PAPERWORK?? They LOST it! Now I have to fear that this loser will get off because DHS screwed up??? And my son has to endure this bs for HOW LONG???

What do I do? I hate my son having to go thru this and constantly relive what was done to him, and this POS gets as many chances as he wants?

If he gets off free with DHS his name won't have child abuser on his name for the rest of his life. I will not let that happen. What can I do?????

And, I hope I can sue the pants off of him for all the physical and emotional distress my NINE year old son is enduring.

PLEASE GIVE ADVICE.

 

[Ohiogal]

DHS does not handle criminal indictments. Ask the attorney if they can use a transcript of the hearing last week.

 

[Anjelita]

Thank you, I tried, but the DHS attorney told me it was my choice, and that if I didn't have my son testify Monday, there was a very good chance of his father getting off, this of course will only help him in his criminal case, since he will most likely not take any deals.

I just spoke with my son about it, and seems OK with doing it again. I'm just not confident that it will go as well as the criminal pre trial did, considering they don't have any paperwork (they lost everything, my sons original testimony to DHS, his testimony to SVU, his medical records.)

If things go badly, and his father wins this appeal, is there anything I can do afterwards? It's not fair, I'm not saying the DHS attorney isn't gona do his job, but how can he do it without having reviewed my son's files? Will my son simply stating what happened over the 2 days be enough?

Again, thank you so much, I am both livid and frantic (GRR DHS).

 

[stealth2]

Did you ask about using the transcript from last week?

And while I understand how upset you are, it will be easier for us to help if you tone down the emotional tone.

 

[LdiJ]

One thing that you should do is take copies of absolutely everything that YOU have regarding the abuse and the caseworker's findings to court.

 

[Anjelita]

Sorry for the emotions, and thank you for the replies.

I tried to contact the DHS attorney to ask about the transcripts, and I just get voicemail. I left a message yesterday, no reply.

I will bring everything I have to the hearing, but pretty much all I have are medical records. They lost all of the paperwork from when they came out to interview my son etc.

I don't know if there is anyway I can perhaps get the transcripts myself, since I'm getting no reply from them? Is that legal? Am I allowed to have them?

Again, thank you!

 

[Anjelita]

Also, DHS never gave me anything but a letter saying that the status of the case was INDICATED. I don't have copies of anything else.

 

[Anjelita]

No idea what to do from here

Never rec'd reply from DHS attorney regarding transcripts.

Showed up Monday morning for the hearing. The building had no real security/no metal detectors and we were forced to sit in the same waiting room as my son's father.

We were taken back to a sequestering room. The DHS attorney was clueless because he didn't have our files. I figured all my son had to do was tell what happened, and we'd be fine.

My son was taken back to the hearing room, about 30 minutes later I was called into the room. To my horror his father decided to go pro se, and this entire time was able to question my son.

The DHS attorney asked me questions that even I know were all hearsay. Then my son's father simply asked me, "when were you notified about custody" - I replied "I was notified about custody when we went to the custody hearing, and came into an agreement, and the Judge handed us the papers to sign". The Judge stopped him because it wasn't relevant, I don't even know what he was talking about.

We were taken back to the sequestering room. About 15 minutes later my son's father actually walked into our room asking to speak to my son. I got up to call for security and he backed off. The DHS attorney came out of the hearing room, my son's father asked him for advice, and the DHS attorney actually gave it.

After getting out of there safely, my son told me his father asked him questions like "you know, even if a father does do something like that to his son, it doesn't mean he doesn't still love and care for him". My son said the Judge stopped him. I was NEVER informed that my son's father would be going pro se, I would have NEVER agreed to let my son testify had I known. I wish I would have gone straight to the Judge and told him the truth that DHS had lost my son's files, had no clue what they were doing, and that I never agreed to let my son testify while his father went pro se.

Thankfully, the Judge ruled to wait until the criminal trial to make a decision. If he is guilty in the criminal trial, he loses the DHS appeal. However, if he wins, these botched testimonies will be used, of that I am terrified.

What can I possibly do to rectify this situation?