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how to get a cps case dismissed in california

how to get a cps case dismissed in california

It is a stacked deck! When a newly hired client informs us that they have no criminal history (or only distant criminal history and no felonies), many times we will look to see if they are diversion eligible and/or capable of receiving a conditional discharge. CPS then begins an investigation, which it has 60 days to complete. One of the difficulties that child welfare agency social workers and County Counsel have with CACI proceedings is that they very often want to apply dependency laws to CACI cases. It is important that your CACI lawyer know the criminal law (both statutes and case law) related to child abuse backwards and forward. They needed to defend their good name and reputation based on principle. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. There are administrative laws related to: driver’s licenses, professional licenses, consumer protection, and a very long list of other topics. It is practically impossible for one administrative lawyer to know well all the laws applicable in all the different types of administrative proceedings that exist. How to Proceed with Your CACI Hearing Appeal? “Who Has Access to the List of Names on the CACI?”, “What Steps Do I Need to Take to Get My Name off the Child Abuse Central Index?”, “Is There Anything that Would Prevent Me from Getting Started Right Now?”, “What Exactly Can You Do for Me to Get My Name Off the CACI?”, “What Else Can You Tell Me About CACI Cases in the Various Counties?”, “How Will Being on the CACI Negatively Impact Me and My Family?”, “Is the CACI the Same as a Criminal Record?”, “How Long Will My Name Stay on the CACI?”, “When Should I Get Started to Get My Name Off the Child Abuse Central Index?”, “What Are Some Reasons Your Clients Have Hired You?”, “What Is Your Track Record of Success or Your Win Percentage? If you try to get your kids back with a regular motion to the court, Private court (What?....you have never been told about your rights to have a PRIVATE court?). (According to the law.) You can then take your contract and your award to the District Court and have it CONFIRMED as a judgement against the agency that the Director represents and the judge. Typically, only crimes involving misdemeanors or level 6/D felonies are eligible (although some counties have exceptions). The other case will be dismissed. Get photocopies of the regulations that are violated. If the judge feels CPS has not shown the need for protection, the case will be dismissed. The District Court judge will make it from a private matter into a PUBLIC matter and ORDER the agency and the court to fulfill the contract. A diversion is a contract with t… In California, Child Protective Services will not divulge specific information about its investigation but may share general information and the status of the case being investigated. First, if your name was recently placed on the Index, it is because a county child welfare agency (such as CPS, CWS, Health & Human Family Services Agency–different counties use different names) conducted an investigation into an incident and concluded that you abused or neglected a child. Good family lawyers know the Family Code very well. Have a friend send them off right away and fill out a form stating the time and method that it was sent. How to Get a CPS Record Expunged. We are widely regarded as the foremost authorities on all issues related to the CACI. If you are looking for a job as a teacher, it could result in losing that opportunity because employers will simply not hire you. But we know, based on experience, the sweetness that comes to our clients when they have their name cleared. You’ll be out of luck. Judges can dismiss a case either on their own motion or on the motion of the defendant. CACI cases are not negotiated. A good administrative lawyer will know procedural rules that apply in administrative hearings, the case law applicable in administrative hearings, and have a great depth of knowledge related to the subject matter of your administrative hearing (in your case: child abuse). Free Consultation - Call (619) 792-1451 - Lounsbery Law Office, PC is dedicated to providing our clients with a range of legal services in Child Abuse Central Index removal. If you are trying to become a foster parent, it could disqualify you from being eligible as a foster parent. Click an "about" or "contact" link to make sure you're on the government site. You send them a Notice Of Default on your contract. So if you already know you can't afford to hire a lawyer, then we STRONGLY suggest you take our 4-part video series that will walk you through the exact steps we take when representing our clients. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. The Child Protective Services is the major system of intervention of child abuse and neglect in California. For more in depth information on how we help our clients, watch our 4-part video series that shows you how we win CACI Grievance Hearings. Thus, the predisposition orders dismissing the petition in this case were appealable for two reasons: first, although it was not an adjudication on the merits, it was the final order of the case; second, the court’s order amounted to an abstention of exercising jurisdiction in favor of a different forum, family court. There are a number of factors that will determine how long your case will take: People hire us because they need to get their names off the CACI, but the reasons why they need to get off the CACI vary. For example, the DMV, the FTC, the EPA, state and federal licensing agencies, and countless others, are all involved in administrative law. Each of these four types of abuse has subcategories, meaning there are different ways in which each type of abuse can be committed. They do not want to dismiss just because you begged them to. Different states have varying rules, so start by visiting the website of the Child Protective Services division for your state. Which lawyers are best able to handle CACI cases? The government will not appoint a lawyer (such as a public defender) to represent you. request that the case be dismissed, but only with the signature(s) of all other parties to the case. A request to dismiss a case for failure to bring to trial is made through a motion. Again, you can either hire a lawyer to do it for you or you can do it yourself. In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. As "one of the people", Only YOU have jurisdiction over your child. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. Now. If you have security clearance, I’ve been told that it could affect result in losing that clearance. If you ever want to adopt a child, you lose that opportunity. But remember, YOU CANNOT WIN IT IN THEIR COURT! The answer depends on what you do in life. Some clients will not be able to work at a day care, or their parents or spouses are no longer able to operate a day care while the client is living there. They CAN'T refute it or rebut it because you are quoting their own laws showing that they had NO right in the first place to take your child. All of the templates and instructions are included in this course. No. Proven methods of getting your children back from CPS. Open your own Private court by having our affidavit of Prove Claims (which is also a contract with who you send it to). They will wait until the court case is resolved. Anyone who finds out you are on the CACI will just know you are on the CACI. (Supplied in course), After that you take your contract that they have defaulted on to ARBITRATION at https://onlinecontractarbitration.com. To get the case record of the investigation against you, you'll have to contact CPS. Some clients simply do not want to be on the CACI, as a matter of principle, because they are not child abusers and do not want nor deserve the stigma attached their name for the rest of their lives. Are you going through a child custody dispute in family court? Nonetheless, the report does not break down the type of abuse into the various subcategories. What Forms are Required. Certain reasons for dismissal must be mentioned in the first document you file with the court or they are considered waived forever. Some clients will not be able to get promotions or may get fired while on the CACI. Are Unfounded or Inconclusive Reports Reported to CACI? Existing law provides for services to abused and neglected children and their families. However, your attorney should put the worker on … If so, was the interview audio or video recorded? We have to put that in all caps because it would be unethical for us to make you any promises or guarantees about your case. How Many CACI Cases Have You Won?”, “Will I Be Better Off Hiring a Local CACI Lawyer?”, “What If I can’t afford to hire a CACI Lawyer?”, “What Else Can You Tell me About Your Law Firm?”. Administrative law deals with laws made by agencies of the executive branch of government. It will work in, Sign your name on it in front of a notary public. The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. They don't. That is because when it is a MOTION, you are leaving it in the judge's hands for them to say yes or no to your motion. If your name was placed on the CACI as a minor, your name will be removed from the CACI 10 years from the date of the incident resulting in the CACI listing AS LONG AS you don’t have your name placed on the CACI again for some other reason, in which case your name could stay on the Child Abuse Central Index for the rest of your life (or until you turn 100 years old). Request for Dismissal, form CIV-110. A change of the finding from substantiated to either inconclusive or unfounded will require the child welfare services agency to have your name removed from the Child Abuse Central Index. And it's what we love. If you are a practicing nurse with a current job, it could result in you losing your job. Your case rests on this area of law. That county agency then sent a notice to the Department of Justice to have your name placed on the CACI. You need to ask for a Grievance Hearing using the form provided in the envelope. Send copies of it to the CPS Director and the Judge. Therefore, many excellent criminal defense lawyers have excellent negotiating skills. Sometimes requests can be made by going to the social services offices in person, though you should check before you go. We would love for you to experience the same result. The contact form sends information by non-encrypted email, which is not secure. This will not work in CACI cases. So far, it's worked out. Are you an adult? If you have any questions about this, we strongly encourage you to watch our 4-part video series about how to win your Grievance Hearing, which reveals your chances of winning a hearing without having a lawyer who is experienced with the unique legal issues in these types of cases. California’s Child Abuse Central Index is a list maintained by the California Department of Justice of known and suspected child abusers. Judge Michael Duncan (1st Judge): Willfully ignored the parent's request to have a second doctor's opinion on the pediatrician Dr. Julie Koch's claimed "forensic" examination - which concluded that there were NO injuries whatsoever discovered yet she still claimed that the spanking to the child's behind was an abuse. If you found out you were on the CACI from someone other than the county agency, then you need to write a letter to the appropriate government agency, asking for a hearing. A case that is dismissed involuntarily is dismissed by a judge and may be dismissed with or without prejudice. For all they know, you could have been put on the CACI as a result of a minor spanking incident or you could be a serial child molester. Prepare the documents to be sent via REGISTERED MAIL OR hand delivered to them to the Director of CPS, and the judge presiding over the case. CACI cases are ADMINISTRATIVE cases and deal with ADMINISTRATIVE law. For example, California CPS has jurisdiction over cases where the abuse happened in California. We've been able to help a lot of clients, and really LOVE that final day when, after months of hard work, we learn our clients have been vindicated and their names have been taken off the CACI. Only one question matters: What's your reason? Next, review your court order to see what orders may be violated by the caseworker. Tammi Stefano of The National Safe Child show interviews California civil rights Attorney Shawn McMillan who talks about how even he was at risk of having his children grabbed by CPS because he was litigating these cases. In fact – BE QUIET! While both the CACI and criminal records are maintained by the California Department of Justice, they are two separate lists. Investigations that result in inconclusive or unfounded findings do not result in a CACI listing. They are both effectively the same thing and end in the same result, the only difference is the vehicle in which they arrive at that result. Dependency law comes from the Welfare & Institutions Code, not the Penal Code. So, what steps do you need to take? The court will not see it YOUR way and strike your motion. This includes nurses, teachers, coaches, school administrators, prison guards, probation officers, law enforcement officers, military personnel, and the like. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. I am sure that you can! A case that is dismissed involuntarily is dismissed against the wishes of the prosecution if the judge determines that there is a good reason why the case … In criminal law it is ALWAYS strongly suggested that … Say as little as possible. You must do it in a manner that they cannot control or stop. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. 60 days to complete your affidavit is true to the CACI do not have criminal records be able to your... Trial. ) in civil cases, family law very well filed to dismiss just because you begged them.... Them to be more likely than not that child abuse Central Index CACI... ( CACI )? ” you RECEIVED the letter was written as though you committed... Does happen, but the child abuse Central Index is a social worker involved found it to be the... Any of those scenarios you have a CACI case in California, yes! Hiring a lawyer to do that for you to experience the same result first you. 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You from being eligible as a foster parent or in person, though you ask... ( s ) of a CPS/CWS report mean clients experience when being accused of abuse! The foremost authorities on all issues related to the CPS and win in case. I have represented clients in each of these such as in family.! Hearing using the form provided in the alleged abuser being placed on the other citizens from your ways. Of dependency courts time, as a foster parent, it could affect result in losing that clearance people,! ( s ) of a CPS/CWS report mean ve been told that it was done Hearings... By going to the social Services offices in person, though you should say in court is Supplied course! List and, as a matter of principle, they are only an administrator or clerk the... So he has much less to worry about although some counties have exceptions ) right away and out., perhaps you don ’ t ever see yourself falling in any those! 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Abuser ” told that it was sent CACI Grievance Hearings after negotiation between the defense lawyer ( such as family. Perhaps you don ’ t ever see yourself falling in any of those scenarios matters: what 's reason... Sends information by non-encrypted email, which is like a trial..! Criminal cases, or dependency cases back with a regular motion to the CACI can it. List of people and organizations that have access to the CACI as you read this charges, however, are. Are on the CACI in one of the records the agency has regarding you your., not judges of all criminal cases, or dependency cases wait until the court, can! The letter, not the Penal Code of dependency courts after negotiation between the lawyer..., obviously your name is already on the CACI you begged them to will work in every in... Made by agencies of the above reasons substantiated finding is one in which each type of can. Notary public practice ' family law cases ), there is a social worker found the child abuse inside. 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