Pennsylvania juvenile law

[quincy]

Yes he was not guilty on all counts, I can pull the transcript up and type exactly what the judge said in a min.

My fiancé is on the child abuse registry because of an investigation that CPS was doing on their end for all this. The never notified him and gave him the chance to appeal like I was able to. I didn't find out he was validated and put on the list till over 2 years later from records Harrisburg sent me. Even the records I got from the county didn't say anything.

Its a lot and easy for someone that didn't experience it to understand.
First CPS contact late Jan 2021, first report for failure to protect against me, my son and my fiancé
Early Feb 2021 second contact, second report for SA against my son, but we were not told about it
Late march 2021 first report was closed validated for me and my fiancé (didn't know about my fiancé), and invalidated for my son
Early April 2021 third report was opened for continued concerns from the first report against me and maybe my fiancé, we were never able to get records
Early June 2021 I had my appeal hearing for the first validated report and had it changed for me and I was told every thing was closed by the deputy director during my hearing.

March 2022 first police contact
May 2022 charges were filed

Feb 2023 contested hearing
April 2023 CPS again for the report dated early Feb 2021

I want to sue the pants off the whole county and agency. Malicious prosecution on the DA. The agency in whole for not following state laws, CPSL, violating my sons due process rights by not notifying him he was being investigated and for what. The judge for not recusing himself when he was privy to the entire investigation from the beginning. Never giving my fiancé notice of being added to the child abuse registry, I assume that is due process too. At one point they wanted to see my kids and I said I wanted to have my lawyer present which I did for all the other interactions. He was at trial and was not available for a few weeks. That was not good enough for them, they called my lawyer office and said I produce kids to them or they take me to court. Isn't that denying me my lawyer? They did take me to court and demanded more then just seeing my and filled the petition with lies, that I can prove wrong. The worker signed a prudery statement at the end! I'm sure there is more I can get everyone for too

Wow.

Well, your fiancé will want an attorney to assist him in getting an expungement. He is eligible for an expungement one year after the date of the report that resulted in his listing on the Abuse Registry. DHS should have notified him in writing before he was listed and allowed him the opportunity to appeal both the finding of child abuse and the listing on the Registry.

The listing does not require a conviction, by the way - just an accusation of child abuse/neglect. It does not matter if the report is unfounded or not.

For the rest, you and your son will need attorneys in Pennsylvania but I think you will need to lower your expectations of what is realistically possible. You are unlikely to have any legal action against the County, for example. I don’t see that you have anything to support malicious prosecution. The charges were supported by statements from the (alleged) victim. And the judge is the one who decides whether to recuse himself so I don’t think you should pursue an action against the judge.

The attorney you see will be better able to tell you if CPS exceeded their authority. I wouldn’t be surprised if they did. That is where you are most likely to find some legal relief.

 

[Givemestrength]

I doubt that you would find an attorney who regularly works in your county, to take on the whole county like that. I think that if you are going to find someone to take on the case, and take it seriously, that it would have to be someone who normally works outside of your county. Otherwise it is too risky for the attorney. They could be committing career suicide if they take it on and don't win the case. You also might want to consider moving out of that county yourself, before starting up such a case.

I have since moved and will not ever go back to that county

 

[quincy]

I have since moved and will not ever go back to that county

As a note: An attorney can take a case against the county without it being a risk to the attorney.

 

[Givemestrength]

As a note: An attorney can take a case against the county without it being a risk to the attorney.

I had a hard time finding lawyers for all of this because all the lawyers around said the DA that was involved was a hard one. Once the charges came in and we found out a Judge, the lawyer we had quit. Apparently the judge used to be the head DA, so he had a work relationship with the DA that was over my sons case. The DA that was over my sons case took his position when he went to be a judge. I went the next county over to find an attorney and that was even hard. No one wanted to go up against the judge and DA.

A family friend that used to be a senator and is now a lawyer (he didn't take the case because its not his area) said the Judge is a tough one, he rules hard and there must have been a lot of holes in the case for my son to come out not guilty. Needless to say the attorney even pushed hard for my son to take a plea, she was upset he didn't take one. But I emersed myself in what I could of the law and I just knew there was no way he could be found guilty and if he was there would be a damn good appeal.

 

[Givemestrength]

@quincy what is your opinion on these links in relation to it taking so long for my son to get in front of a judge? Charges filed may 2022, hearing Feb 2023

See "§ 8-2 Best Practices"
https://www.jcjc.pa.gov/Publications/Documents/Juvenile Delinquency Benchbook/Chapter 8 The Adjudication Hearing.pdf#:~:text=which juveniles are not detained or held,should be scheduled within 30. Page 5.

See "RULE 404. PROMPT ADJUDICATORY HEARING" https://www.jcjc.pa.gov/Publications/Documents/Rules of Juvenile Court Procedure - Delinquency Matters.pdf

This is an excerpt from the first link that I found related to my sons situation too...

"The judge should carefully review the reasons for requests to schedule hearing dates beyond the recommended time lines. Some cases may necessitate a longer period of preparation between the detention or initial hearing and the adjudicatory hearing. Examples of situations that may need more time include cases with complex discovery issues, cases in which laboratory tests are needed to determine illegal substances, or those involving a victim who is hospitalized due to injuries from the alleged offense. However, it seems clear that at some point, a delay in bringing a juvenile to adjudication may deny “the essentials of due process and fair treatment” required by the constitution. As the Superior Court has pointed out, “n its protective role the state must consider the importance of time in a developing child’s life in attempting to fashion a successful rehabilitation program for each juvenile. As the juvenile years are marked with significant changes and rapid development, children experience an acceleration in the passage of time so that, to a juvenile, one year may seem to be five. To ensure successful rehabilitation, the reformation program…must commence within a reasonable time of the child’s delinquent act so that the child can comprehend the consequences of his act and the need for reform. As a result, the concept of ‘fundamental fairness’ in juvenile proceedings would seem to require that at least some limit be placed on the length of time between the delinquent act and the case disposition….”

 

[quincy]

@quincy what is your opinion on these links in relation to it taking so long for my son to get in front of a judge? Charges filed may 2022, hearing Feb 2023

See "§ 8-2 Best Practices"
https://www.jcjc.pa.gov/Publications/Documents/Juvenile Delinquency Benchbook/Chapter 8 The Adjudication Hearing.pdf#:~:text=which juveniles are not detained or held,should be scheduled within 30. Page 5.

See "RULE 404. PROMPT ADJUDICATORY HEARING" https://www.jcjc.pa.gov/Publications/Documents/Rules of Juvenile Court Procedure - Delinquency Matters.pdf

This is an excerpt from the first link that I found related to my sons situation too...

"The judge should carefully review the reasons for requests to schedule hearing dates beyond the recommended time lines. Some cases may necessitate a longer period of preparation between the detention or initial hearing and the adjudicatory hearing. Examples of situations that may need more time include cases with complex discovery issues, cases in which laboratory tests are needed to determine illegal substances, or those involving a victim who is hospitalized due to injuries from the alleged offense. However, it seems clear that at some point, a delay in bringing a juvenile to adjudication may deny “the essentials of due process and fair treatment” required by the constitution. As the Superior Court has pointed out, “n its protective role the state must consider the importance of time in a developing child’s life in attempting to fashion a successful rehabilitation program for each juvenile. As the juvenile years are marked with significant changes and rapid development, children experience an acceleration in the passage of time so that, to a juvenile, one year may seem to be five. To ensure successful rehabilitation, the reformation program…must commence within a reasonable time of the child’s delinquent act so that the child can comprehend the consequences of his act and the need for reform. As a result, the concept of ‘fundamental fairness’ in juvenile proceedings would seem to require that at least some limit be placed on the length of time between the delinquent act and the case disposition….”

It is possible that the judge took into consideration the long delay between charges and hearing. Your son was found not guilty.