notarealname
Junior Member
What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)?
NY State ...
CPS refused to speak with me if i had my lawyer present. My lawyer advised me not to talk with CPS without him. CPS finds that i abused and maltreated my child. I now have an indicated report in the states child abuse registry.
Requested a fair hearing to have the indicated report changed to unfounded. Fair hearing held judge advises my she can issue subpoenas. County (acting for cps) refuses to give me address for CPS worker (she no longer works there) to make her testify. Judge says she has no power to compel county for address disclosure. You can make ppl appear against their will but not allow me to have their address or in the alternative ... make the county make them available ??
No money for lawyer so im doing this fair hearing on my own. County has NO WITNESSES. Just the report. Judge enters report against my objections. Since in this fair hearing the report has already been entered i feel compelled to testify because it even says it on the paperwork ... THAT REMAINING SILENT CAN BE HELD AGAINST YOU .. and the judge says well you're gonna testify RIGHT ?
Judge uses my testimony to uphold the indicated cps report.
I feel since in NYS indicated and ONLY INDICATED cps reports can be used against you in custody cases (and i have a lying xwife who will use it against me) there is substantial due process violations ... as well as 6th amendment issues too. Supreme Court has already said parenting is a most protected right via us constitution.
Google isnt helping with caselaw.
Im no lawyer and i didnt even stay at a holiday inn express last night ... but a little caselaw help would be nice. I cant find any caselaw in either direction.
What is the name of your state (only U.S. law)?
NY State ...
CPS refused to speak with me if i had my lawyer present. My lawyer advised me not to talk with CPS without him. CPS finds that i abused and maltreated my child. I now have an indicated report in the states child abuse registry.
Requested a fair hearing to have the indicated report changed to unfounded. Fair hearing held judge advises my she can issue subpoenas. County (acting for cps) refuses to give me address for CPS worker (she no longer works there) to make her testify. Judge says she has no power to compel county for address disclosure. You can make ppl appear against their will but not allow me to have their address or in the alternative ... make the county make them available ??
No money for lawyer so im doing this fair hearing on my own. County has NO WITNESSES. Just the report. Judge enters report against my objections. Since in this fair hearing the report has already been entered i feel compelled to testify because it even says it on the paperwork ... THAT REMAINING SILENT CAN BE HELD AGAINST YOU .. and the judge says well you're gonna testify RIGHT ?
Judge uses my testimony to uphold the indicated cps report.
I feel since in NYS indicated and ONLY INDICATED cps reports can be used against you in custody cases (and i have a lying xwife who will use it against me) there is substantial due process violations ... as well as 6th amendment issues too. Supreme Court has already said parenting is a most protected right via us constitution.
Google isnt helping with caselaw.
Im no lawyer and i didnt even stay at a holiday inn express last night ... but a little caselaw help would be nice. I cant find any caselaw in either direction.