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What to do with CPS case

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Lexicon18

Junior Member
What is the name of your state (only U.S. law)? NY

I can't find my old posts but if you look at my posting hx you should find one about an order of protection I have with my ex. I don't want to rehash ALL the background, but essentially, my ex tried to kill me 6 years ago while I was pregnant with our daughter. There is a no-contact OOP that covers both my daughter and I. My ex got out of prison roughly 9 months ago, I went to court and got sole legal and physical custody, he has never met our daughter.

Around a month ago, he got in line behind me at the store, followed my husband and I out and then essentially stalked us for another 10 minutes. I filed a police report and he was arrested for Crim. Contempt 2. His parole was violated and he is in county jail indefinitely. He is also jailed on bail for the Crim Contempt 2 charge.

I went to his court appearance, and his whole family was sitting there, rolling their eyes and making faces. I ignored them, waited until his appearance was over and left. I included this because I have a pretty good feeling my having him arrested is directly relates to the following:

Yesterday CPS shows up on my doorstep. I wasn't home, so I called today. Come to find out an anonymous person called them and reported that my daughter goes to school dirty, with dirty clothes, dirty fingernails, rotten teeth and bruises on her arms and legs.

-I told the caseworker that my daughter may have some cavities, but she had dental surgery 18 months ago, and got mostly everything either removed or capped due to her having soft teeth. I am about 6 months behind on her next appointment. I just got her insurance again. She is up to date with all other medical stuff.
-I also told her that my daughter may have some bruises, she is 5, plays soccer and takes 2 dance classes. Bruises happen.
-She never has dirty clothes, she hasn't even worn the same outfit to school twice (thanks Grandma!)
- I am sure her fingernails get dirt in them, she is a kid
-She is obsessively clean, she loves to swim and the shower is as close as we can get in the fall/winter/spring

The CPS worker told me that I can have them do a regular investigation or a Family Assessment Review, but she didn't really explain either well. From what I read on the website, the FAR can result in a number of recommendations. What happens if I don't agree with them, can I refuse?
She told me it is required that I let them come to my house. I set up an appointment for later this week but am wondering what my rights are.
She told me the investigation would most likely come back unfounded, but obviously I am still nervous. I know the allegations are ludicrous, but I am still nervous allowing them in my home and near my child. Should I try and get a lawyer? Do I have to allow her to speak to my child without me there? I am not really interested in fighting them, but don't want to comply carte blanche and have them turn it against me.

The info on the internet about CPS is scary. I am leaning towards a regular investigation. Also, how do I prevent these false reports from continuing?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NY

I can't find my old posts but if you look at my posting hx you should find one about an order of protection I have with my ex. I don't want to rehash ALL the background, but essentially, my ex tried to kill me 6 years ago while I was pregnant with our daughter. There is a no-contact OOP that covers both my daughter and I. My ex got out of prison roughly 9 months ago, I went to court and got sole legal and physical custody, he has never met our daughter.

Around a month ago, he got in line behind me at the store, followed my husband and I out and then essentially stalked us for another 10 minutes. I filed a police report and he was arrested for Crim. Contempt 2. His parole was violated and he is in county jail indefinitely. He is also jailed on bail for the Crim Contempt 2 charge.

I went to his court appearance, and his whole family was sitting there, rolling their eyes and making faces. I ignored them, waited until his appearance was over and left. I included this because I have a pretty good feeling my having him arrested is directly relates to the following:

Yesterday CPS shows up on my doorstep. I wasn't home, so I called today. Come to find out an anonymous person called them and reported that my daughter goes to school dirty, with dirty clothes, dirty fingernails, rotten teeth and bruises on her arms and legs.

-I told the caseworker that my daughter may have some cavities, but she had dental surgery 18 months ago, and got mostly everything either removed or capped due to her having soft teeth. I am about 6 months behind on her next appointment. I just got her insurance again. She is up to date with all other medical stuff.
-I also told her that my daughter may have some bruises, she is 5, plays soccer and takes 2 dance classes. Bruises happen.
-She never has dirty clothes, she hasn't even worn the same outfit to school twice (thanks Grandma!)
- I am sure her fingernails get dirt in them, she is a kid
-She is obsessively clean, she loves to swim and the shower is as close as we can get in the fall/winter/spring

The CPS worker told me that I can have them do a regular investigation or a Family Assessment Review, but she didn't really explain either well. From what I read on the website, the FAR can result in a number of recommendations. What happens if I don't agree with them, can I refuse?
She told me it is required that I let them come to my house. I set up an appointment for later this week but am wondering what my rights are.
She told me the investigation would most likely come back unfounded, but obviously I am still nervous. I know the allegations are ludicrous, but I am still nervous allowing them in my home and near my child. Should I try and get a lawyer? Do I have to allow her to speak to my child without me there? I am not really interested in fighting them, but don't want to comply carte blanche and have them turn it against me.

The info on the internet about CPS is scary. I am leaning towards a regular investigation. Also, how do I prevent these false reports from continuing?

I really think you'd be better off with an attorney. CPS are somewhat notorious for overstepping their boundaries; in other words you don't have to say a darned thing or open your front door unless they have a court order.

Do NOT let them bully you.

OhioGal will hopefully stop by this thread, too.
 

Ohiogal

Queen Bee
What makes you think you have to cooperate at all? Why did you call CPS? What did you have a conversation with CPS? If they don't have a court order, do NOT invite them into your home and do not deal with them. If they continue to call you, hire an attorney familiar with juvenile court to tell them to go away.
 

single317dad

Senior Member
She told me it is required that I let them come to my house.
Unless they have a court order (extremely doubtful), she lied.

I set up an appointment for later this week but am wondering what my rights are.
That's your prerogative. Some people find it easier to cooperate with CPS. MOST workers, in MOST places, are OK and just investigating because they have to. It's those few bad apples that can turn your life upside down. Personally, I would not set any appointment, and I would not communicate with them further unless court-ordered to do so.

I know the allegations are ludicrous, but I am still nervous allowing them in my home and near my child. Should I try and get a lawyer? Do I have to allow her to speak to my child without me there? I am not really interested in fighting them, but don't want to comply carte blanche and have them turn it against me.
At this point, you don't have to do anything, until a judge orders you to do so. If you get any sense that they're headed that direction, I'd hightail it to the best attorney I could afford.

Also, how do I prevent these false reports from continuing?
You can't. Anonymous reports can still be made, and each will be investigated.
 

CJane

Senior Member
While it's correct that you do not have to let them investigate, my experience is a bit different than OG's, and so my advice is different.

*I would (and have) keep that appointment. Let them investigate. And then do the following:

http://ocfs.ny.gov/main/cps/faqs.asp#false

What can I do if someone has filed a false child abuse or maltreatment report against me with the Statewide Central Register?
The New York State Office of Children and Family Services takes false reports of child abuse and maltreatment very seriously. Both the taking of the false report and the ensuing investigation are a misuse of valuable resources intended for the care and protection of New York State's vulnerable or at-risk children.

According to Section 240.50 of the New York State Penal Law, falsely reporting an incident to the State Central Register is a Class A misdemeanor. If you are the victim of a false report, you should contact your local District Attorney's office to discuss what options are available.
 

Isis1

Senior Member
i have always cooperated with CPS because i am not afraid of them. i know for a fact that no social worker will find anything in my home. so yes, i have made everything easier and accessible to them. and believe me.....i used to get them a few times a year.

however. if i ever have one show up at my door again....i will simply tell them they need to come back with a court order as respectfully as possible. not because i have anything to hide....but because i want them to go through the loops each and every time they get a false allegation and will get sick of the caller making them do all this work for no reason.

and i'll tell you why i changed my mind about how to deal with people like this. my neighbor. she used CPS to harass our mutual neighbor every week. for 3 months straight. until the management company kicked them out. then....the new neighbors showed up. she went at it again. now we are on the third neighbors....because of her BS....i no longer am in good terms with her. so i'm waiting....it will happen. but i'm prepared this time.
 

Lexicon18

Junior Member
thank you.

Just wanted to say thank you for all your responses. I contacted an attorney who represented me when I had an issue with him violating the OOP from prison. His associate will be coming to my house to sit with us while CPS is here and advise them of the current situation. I don't have anything to hide, but am happy to have someone there to back me up.

One more question, if I have sole legal and physical and there is a no-contact OOP between my daughter and her father, can I ask CPS to not include him in the investigation or notify him of it?
 

Ohiogal

Queen Bee
Just wanted to say thank you for all your responses. I contacted an attorney who represented me when I had an issue with him violating the OOP from prison. His associate will be coming to my house to sit with us while CPS is here and advise them of the current situation. I don't have anything to hide, but am happy to have someone there to back me up.

One more question, if I have sole legal and physical and there is a no-contact OOP between my daughter and her father, can I ask CPS to not include him in the investigation or notify him of it?
No. Father has constitutional rights. He has a right to know what is going on. If you didn't want him to have rights, you shouldn't have made him daddy.
 

TinkerBelleLuvr

Senior Member
I used to get regular CPS visits. They were unfounded. Each and every time. Went to court .... CPS showed up. Eventually, on the last one, I explained to the social worker about court. Well, guess WHO got hauled into the big shot offices for CPS (the X and I) and it was explained to him that if ONE more call was made, they were going to charge HIM with emotional abuse and for false reports. Funny thing. Never got another one again.
 

Lexicon18

Junior Member
No. Father has constitutional rights. He has a right to know what is going on. If you didn't want him to have rights, you shouldn't have made him daddy.
I have never tried to deny him his rights, I was just wondering if he is still involved even though the OOP exists between our daughter and him as well as between him and I. I don't have any experience with CPS and not surprisingly, the worker wasn't exactly Miss Helpful on the phone.

Obviously I didn't choose the most sensible person to have a child with and wasn't exactly thinking sensibly myself. Sensible people don't try to kill their pregnant girlfriend with an axe or have children with people prone to domestic violence. Lesson learned.

I asked him to sign an AOP after this all happened because my daughter deserved to have her father on her birth certificate, and I have never spoken badly of him to her, she has no idea of the circumstances surrounding his not being in her life, she just thinks he lives somewhere else. The court awarded me sole custody based on the OOP, told him he could come back when it expires in 2020.

I was simply just asking whether he would be involved or if I could ask for him not to be since I don't want to give him any ammunition to say I had him arrested or was pursuing the violation this harshly because he called CPS.
 

Just Blue

Senior Member
I have never tried to deny him his rights, I was just wondering if he is still involved even though the OOP exists between our daughter and him as well as between him and I. I don't have any experience with CPS and not surprisingly, the worker wasn't exactly Miss Helpful on the phone.

Obviously I didn't choose the most sensible person to have a child with and wasn't exactly thinking sensibly myself. Sensible people don't try to kill their pregnant girlfriend with an axe or have children with people prone to domestic violence. Lesson learned.

I asked him to sign an AOP after this all happened because my daughter deserved to have her father on her birth certificate, and I have never spoken badly of him to her, she has no idea of the circumstances surrounding his not being in her life, she just thinks he lives somewhere else. The court awarded me sole custody based on the OOP, told him he could come back when it expires in 2020.

I was simply just asking whether he would be involved or if I could ask for him not to be since I don't want to give him any ammunition to say I had him arrested or was pursuing the violation this harshly because he called CPS.
How do you KNOW he is the person that called CPS?:confused:
 

Lexicon18

Junior Member
How do you KNOW he is the person that called CPS?:confused:
It definitely wasn't him. I have some iffy proof that it was his girlfriend. Based on statements she made to people (small town) and on facebook. This is also something she has done before to another person and admitted to it. Like I said in my first post, I feel that one is related to the other, and I know that isn't worth a hill of beans, would I go to the police with what I have and say it was her, no.
 

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