Perjury by DSS

[solusipse]

What is the name of your state? North Carolina

In late November my girlfriend and her family were taken by DSS, citing neglect and lack of adult supervision. Her 21 year old brother was more than willing to come and supervise them, however the social worker in charge would not allow him to see them, and lied saying that when he arrived they would be able to go home with him. The fact is that I am 19 years old and was there for all of this, and was supervising the children while the mother was gone.
When the case came before the court the same social worker perjured herself saying that there was no one over 16 present in the home, although she spoke to me while taking the family away(I admit I had a few choice words for her). When called on it she said that it didn't matter because I was not a close friend of the family. Obviously this is not true because I was, and still am dating a member of the family, and we have a two month old daughter together. I have proof that I was there due to one of the younger children calling 911 and hanging up. Two officers saw me and spoke to me there the same day, and they took down my name as a part of the police report.
My girlfriend and her family are now in foster care living miserable lives. So my question is; is the fact that the DSS worker committed perjury grounds for dismissal of the case? If so what steps should I take to have it dismissed.

 

[Zephyr]

your girlfriends mother is the one that needs to fight dss with reagrds to your girlfriend, are you the LEGAL father of your child? is your child with your girlfriend right now?

 

[Ozark_Sophist]

How old is your girlfriend?

 

[solusipse]

i do have parental rights over my daughter, although dss is asking for a paternity test. They caused me to miss her birth and the first 2 months of her life. She is in my girlfriend's custody.

My girlfriend is 16.

I just want to know is the fact that she was put into foster care due to a social worker committing perjury grounds to dismiss the case.

I'm going to see to it that she is charged with perjury either way, I'm just hoping that when she is the case will have to be dismissed.

 

[Silverplum]

Please define "and her family."
Your girlfriend and her family were taken by DSS.
What neglect?
What lack of adult supervision?

What is the name of your state? North Carolina

In late November my girlfriend and her family were taken by DSS, citing neglect and lack of adult supervision. Her 21 year old brother was more than willing to come and supervise them, however the social worker in charge would not allow him to see them, and lied saying that when he arrived they would be able to go home with him. The fact is that I am 19 years old and was there for all of this, and was supervising the children while the mother was gone.
When the case came before the court the same social worker perjured herself saying that there was no one over 16 present in the home, although she spoke to me while taking the family away(I admit I had a few choice words for her). When called on it she said that it didn't matter because I was not a close friend of the family. Obviously this is not true because I was, and still am dating a member of the family, and we have a two month old daughter together. I have proof that I was there due to one of the younger children calling 911 and hanging up. Two officers saw me and spoke to me there the same day, and they took down my name as a part of the police report.
My girlfriend and her family are now in foster care living miserable lives. So my question is; is the fact that the DSS worker committed perjury grounds for dismissal of the case? If so what steps should I take to have it dismissed.

 

[solusipse]

Please define "and her family."
Your girlfriend and her family were taken by DSS.
What neglect?
What lack of adult supervision?

her family includes her younger brothers and sisters, 4 brothers and 2 sisters.
Her mom was gone for a few days, but i was there visiting and helping take care of the kids. However the woman claimed no one over 16 was present in the home. Even if that were the case, her 21 year old brother was willing to come and take care of them. Which the social worker said he could, and then when he came they wouldn't even let him into the social services building to see them.

So not only did this social worker lie to the courts, but she lied to us as well. She violated both DSS policy and the law.

 

[Silverplum]

her family includes her younger brothers and sisters, 4 brothers and 2 sisters.
Her mom was gone for a few days, but i was there visiting and helping take care of the kids. However the woman claimed no one over 16 was present in the home. Even if that were the case, her 21 year old brother was willing to come and take care of them. Which the social worker said he could, and then when he came they wouldn't even let him into the social services building to see them.

So not only did this social worker lie to the courts, but she lied to us as well. She violated both DSS policy and the law.

Well, dude, I would be able to argue otherwise. Just for argument's sake:

1. There was no one over 16 present in the home. 7 unsupervised kids, at least. That's on Mom (and Dad -- you mention no Dad...)
2. "Willing" is NOT the same as "Doing It Before Social Services Came." So much for the 21 y.o.
3. You are not a babysitter -- you are one of the children's boyfriend. That's not the same thing as "An Adult In The Home." Besides, you and girlfriend are clearly busy making babies...not supervising children.
4. There were probably other factors that came into play that you may not even know.

I would also argue that she didn't *lie* to you -- she said what she had to say to defuse the situation and get rid of you so that she could do her job and take care of the children abandoned by their parent/s.

I'd do the same, probably, in that situation.

 

[stealth2]

Dude.... do you realize that NC's age of consent is 16? So unless your little g/f is about to turn 17 in the next month or so, you committed statutory rape when you impregnated her. Does it REALLY surprise you that you weren't considered a fit custodian?

There is nothing you can do here. No one is going to release these children to you.

 

[solusipse]

The deal is this though, I was dating my girlfriend, but i was also friends with both of her older brothers. The fact I was dating her makes no difference legally. The woman said there was "no one" over 16 in the home. I was over 16 and I was perfectly qualified to care for the children. They were left under the care of myself and my girlfriend. They were fed, supervised, sent to school, and everything else required. They were not in any sort of danger.

And the social worker did lie to all of us. Including the older brother. She told him directly that when he arrived the kids would be released to him. She then knowingly and willingly lied under oath to a judge.

Also no we weren't busy making babies. We were taking good care of the kids.
I am also well aware of the legal age of consent. However i have not been, and will not be charged with statutory rape.
I don't want the children released to me. i just want them released.
Also I was never deemed an unfit custodian, I was never even considered. In fact she claimed i wasn't even there.

 

[solusipse]

is there anyone who will actually answer the question?

is the fact she committed perjury grounds to dismiss the case?

 

[majomom1]

is there anyone who will actually answer the question?

is the fact she committed perjury grounds to dismiss the case?

I wouldn't get excited, or count on perjury yet...

Answer the questions: Where is mom now? And were is Dad?

I get what you are saying. However, as Silver has stated - there is another argument here. I would like to know how, and why, DSS was there at all. One of the kids called 911? Why?

If the 21 year old was willing - why didn't he arrive before mom ever left?

Something is wrong with this whole story that I am not even sure that you understand yet.

 

[Zigner]

is there anyone who will actually answer the question?

is the fact she committed perjury grounds to dismiss the case?

I don't feel she committed perjury. There was no one CAPABLE of caring for the children in the home. You, as the bed-buddy of one of the CHILDREN, don't count. There was no parent or guardian (those are legal terms) present.

EDIT: Please tell me how you know EXACTLY what was said in the confidential hearing.

 

[CLBKLCDTB]

is there anyone who will actually answer the question?

is the fact she committed perjury grounds to dismiss the case?

Could be.

However the burden of proof is on MOM. Not you.

Mom will have to convince the judge first of all that leaving her 16 yr old daughter with a19 year old boyfriend...(who infact did break the law by having sex with and getting her 16 yr old pregnant)... was in the best interest of her other small children who live in the home.

Then mom will have to tell the judge that she did in fact do this. That you and her 16 yr old daughter were left in charge of the household and her younger children for a few days.

Good luck with that.

Truth is, just that in itself shows poor judgement on MOMs part.

Appearently wether you are over 16 or not didn't matter to DSS, you are not a member of the household over the age of 16..

 

[solusipse]

Her mom had some problems, I admit that. Maybe there were actual grounds for the removal of the children. However the means by which they were taken were unfounded.

The mom has cleaned up her act since and would be capable of caring for the children. The dad wasn't in the picture.

Anyway the fact that I was dating my girlfriend is no reason to disqualify me. Also how is it that 13 and 14 year olds are permitted to act as babysitters without dss coming and hauling the children away if someone over 16 is required to be there?

DSS was already involved in the family, because like i said her mom had some problems. Also the 21 year old wasn't aware he needed to be there until DSS came and it was too late. We were all under the impression that because i was there it would be ok.

Also I know what was said because my girlfriend was there and heard it all.

The womans claim was that no one over 16 was there and then said that because i wasn't "a close friend of the family" I didn't qualify. I don't know how much closer I could possibly get.

The fact is the woman used dirty, underhanded, and false tactics to remove them from their home. This isn't the first time I've heard of such cases involving DSS breaking either the law or their own policies to further their agenda.

The fact remains that she did commit perjury in denying my presence there.

I'm still waiting for someone who actually knows to answer my question.
So assume everything I'm telling you is correct and that she is guilty of perjury.
Is that grounds to dismiss?

 

[solusipse]

My girlfriend and I had already been together for 8 months at this point. I had spent a good deal of time with the family and they all knew and trusted me. Her mom was having some serious problems with the guy she was with and was staying with friends for a few days to clear her head. The fact is that, although i was not related by blood, i had been around enough to be like a member of the family. And we've established that I committed statutory rape. However neither her mom, nor social services have pursued any form of charges, nor will they. The children's lives were no different with myself and my girlfriend there than they would have been with the mom there.
Either way if the woman committed perjury and removed the children under false pretenses shouldn't the courts have no choice but to dismiss the case? I know criminal cases can be dismissed in that manner, Is a case like this different?

Could be.

However the burden of proof is on MOM. Not you.

Mom will have to convince the judge first of all that leaving her 16 yr old daughter with a19 year old boyfriend...(who infact did break the law by having sex with and getting her 16 yr old pregnant)... was in the best interest of her other small children who live in the home.

Then mom will have to tell the judge that she did in fact do this. That you and her 16 yr old daughter were left in charge of the household and her younger children for a few days.

Good luck with that.

Truth is, just that in itself shows poor judgement on MOMs part.

Appearently wether you are over 16 or not didn't matter to DSS, you are not a member of the household over the age of 16..