What is the name of your state (only U.S. law)? CA
I was called to pick up my son from a pre-school type program on base due him climbing on tables and such. Upon picking him up I noticed he had a bruise on his back and questioned him and the teachers about it. No answers were given. My child is VERY VERY active, climbs on everything and constantly has bruises. Because of this I did not press the issue thinking great another bruise. If this had been any of my other children I would not have left the building without answers.. please understand this! Later that day NCIS comes to my door. I had been reported for abuse. I was asked if I spank my children and yes we USED to, and very rarely (couple times a year). My son had been spanked the night before HOWEVER, we NEVER spank hard enough to leave markings as it is more of a pat, and always bent over knee and patted on the bottom. My sons markings were on his BACK. There were NO markings on him before he went to bed, or the next day as I was actively checking him for a rash because he had a mark on his leg that looked like a bug bite and I was concerned about it. My husband at this time was deployed so I had to venture this alone. I called my ombudsman who told me to take my child to the doctor for an exam and to seek legal council for advice. I did both of these. I was told that legal could not represent me because I was not the active duty member. The dr did the exam and during this time I was told they did not feel I was at fault, my son 75% of the time actively jumping around and jumping off the table and such. I thought all was said in done after talking to NCIS they did not even file a report, just a desk journal, unfounded. I was told that was the end of it, the next day I get a call from NCIS (5 days after the initial report to the base) CPS had been contacted. Trying to get my ducks in a row, I went down to get them a copy of the medical report, only to find that the drs report was NOT in my favor. At this time I spoke to an HM about the report being inaccurate. The doctor had gotten alot of facts mixed up, and had left out some key things. Such as during the exam she told me the marks could possibly from a hand but a childs hand, the report states just a hand. She also included alot of information that I feel was personal about my past (same doctor for about 3 years now). I was told the report would be changed and brought to the doctors attention to be fixed but that it was going to take some time. I was assured by this person that the doctor did not make the call to cps as the person I was talking to deals with that paperwork from the hospital. I was never again contacted. Cps came out, did their thing, the worker told me she felt the case was bogus and would be ruled unfounded. She even said that my older child had even stated that the spankings are rare and do not even hurt, and had never left marks.
I get a phone call after my 30 days from family services stating a hearing was held, with an apology that they didn't get my letter to me to be able to attend it. Their ruling was that everything was done and no classes or further action required. About a week later I got a letter from CPS stating they found my case inconclusive and that my name is being added to the CACI list.
I at this point am just unsure of what to do. I plan to fill out their grievance form, but do not know if I should hire an attorney? I am just at a complete loss, no one I know has been through this and it is devastating to me that I feel I had done what I was supposed to do plus some and am found "semi-guilty" of something I did not do. Any recommendations? Do I stand a chance of having my case overturned to unfounded or am I wasting my time?
What is the name of your state (only U.S. law)?
12-29-2008, 04:24 PM
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