Allegations
Of
Abuse Prevention & Survival
Positive Steps in
Handling an Allegation
Our background and our circumstances may
have influenced who we are,
but we are responsible for who we become.
In an emotional situation how do you remember . . .
WHAT HAPPENED? WHEN?
- Start a notebook immediately -- A bound
notebook that pages cannot be torn out in. Do not use a computer or 3 ring
binder for notes that you want to submit for legal review.
- write everything down you are told about
the process
- reconstruct a summary as best you can - you will be able to find data in
your checkbook, on calendars, notepads, e-mails
- ©Use
only evidence that applies to the case
- If you need to write something down
emotional, write it on a separate sheet of paper. Then read it when you
are settled down and transcribe the facts into your bound notebook
-
Keep
a notebook by the phone
- record times calls are made, who you talk to and quotes from key
sentences
©Do
not be afraid to take notes or tape record conversations
Appropriate
Behavior – Keeping Your Cool
-
Information
needed.
- üCopy
of allegation in writing
- üList
of legal rights
- üAgency
procedures and policies
- üCopy
of laws and rules
- üState
licensing regulations
- üAgency
or state foster parent agreement
- üKnowledge
of experienced professionals
- üSupport
system
- ©Assume
you can work your way through this.
- Do not make social services or the police
mad.
-
If CPS or
the police take the child, or you are charged with any crime against a
child, you need to retain a competent lawyer.
-
If you
have a private doctor or psychologist, have them examine the child if you
are ordered to have the child examined by a doctor not of your choosing.
- Check out prepaid legal service providers.
Find an attorney knowledgeable in child protection and allegation
issues. You shouldn't have to pay to train a person for your legal
defense.
- ©If
you don’t know ask.
- Tape record all conversations
with social services and the police - make them aware that YOU ARE tape
recording and get their permission on the tape. If you do not have a
tape recorder, make sure that you have a reliable witness at all
meetings, interviews, and telephone conversations.
- After all meetings,
interviews, and telephone calls, write a certified letter (keep a copy)
to the person with whom you spoke. List the main points discussed and
end the letter,
- ©Be
respectful and deal with business in a business-like manner.
- If you did nothing
wrong, DO NOT plea bargain (including no-fault). A plea bargains seem
like the easy way out, but is really only the beginning of a nightmare
for you and your family.
- ©Find
support services. Join
you foster parent, day care providers or adoption association. There is
strength in numbers. The association will most likely have experienced
allegation survivors who are willing to talk to you.
- Write letters to
your caseworker's supervisor, CPS director, county or state supervising
agency--anyone who has responsibility to provide proper services. If you
do not get a satisfactory response, contact your legislators and news
service.
- Know your rights.
This is very important, if you expect to win. Learn as much as possible
about the laws in your state and the requirements social services must
fulfill to receive their funding (for example, avoid placement of
children in foster care and reunite the family as quickly as
possible).
- ©Be
honest.
- ©Be
patient.
- Educate yourself
- research agency and state information
- find out about administrative law and civil law
- ©Attend
classes or find a support group
- ©Meet
with people
- To learn how your system operates
- Ask the agency to provide a list of procedures
- Learn about data privacy laws
What
can an attorney do?
- •Defend
you against a charge.
- •Communicate
for you.
- •Gain
protection for
children in your care, you and yourself.
- •Have
your records
corrected of destroyed
- •Supply
advice and legal.
-
-
Unclear messages can often
be cleared up by
stating:
“This is my understanding of
what you mean…”
Anger, frustration and defensiveness are
not your
allies when communicating
with social services.
Listening is.
Brief
program overview
jodee@connetworks.com
This site is provided complements of Better
Endings New Beginnings.
It is not intended to convey legal, educational, medical or professional advice.
We recommend you find your own local professional who can work with you.
|
Making connections to promote
restoration and renewal for families and children in crisis and trauma