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What happens now!? DFS Charges Founded

spittenfire's picture

So the DFS found that the charges of Child Neglect: Failure to protect were FOUNDED!! Now it states that her name is being put on the Child Abuse and Neglect Registry. So what does that mean for us. We still have SS under the safety plan she signed but we have no idea what happens now that the charges are in fact founded? Anyone with this type of experience??

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bearcub25's picture

Here is what happened in our case when BM had CPS investigate her.

DSO was given full temp custody. Judge gave BM 9 months to get stabilized, which she didn't do. During this time they started with supervised visits transitioning to overnights. After the year (after continuance), the judge realized BM wasn't going to be stable so DSO was awarded 100% legal and physical with BM getting weekend visitation.

After the permanent custody was settled, BM was then arrested by a grand jury for abuse and neglect. She was given probation and entered on the registry.

spittenfire's picture

Now was this the judge for the Juvinile division or was this the judge for a modification case?

So far the Juvinile officer has not got involved because she is following the safety plan. And because of this it has not stopped the Modification for Custody that my DH filed for last year. If the Juvinile courts get involved it will stop our modification case that we filed until the Juvinile case is closed. We just do not know what to expect!?

spittenfire's picture

Right now the safety plan that DFS set up was that visits were as agreed between BM and DH. DH has not let her take him overnight. Just 1 hour visits at a local restaraunt where she cant leave. She doesnt have a license or a car.

spittenfire's picture

FFS i just read the letter they sent to my dh. DFS found that there was insufficient evidence the SS was hit during the altercation.....wtf...because mom denied everything!! But should they have not done some freaking forensic interview with SS before they made that finding! So no wonder BM wants the restraining order dropped! Because they have handed her the golden god damn ticket saying they cant prove that her BF hit him. So now what the hell does this mean, one founded allegation, one insufficient evidence allegation and there goes our damn restraining order?? And DH thinks calling eveyone to find out what this means wont help anything.....grrrr.

misSTEP's picture

It is sickening the way our system fails us sometimes. My alcoholic, drug-addicted BIL just assaulted my DH at the place he was working at (construction) because my DH wouldn't just LET BIL live there with his dog.

My DH filed a police report. They took pictures of all his injuries. Then they interviewed BIL who said that his best friend was there the entire time. They both lied (said EVERYONE was drinking and it was just a brotherly spat) and had the same story so the State's Attorney declined to press charges.

I don't understand how they explain how my much taller, much stronger DH would have MORE injuries than his smaller, lighter drunk brother? I also don't understand why they wouldn't have checked my DH's messages where BIL asked THREE TIMES to come over and DH said NO each time. He also texted him and asked if he was drunk. My DH thought that was a really weird text but said NO, he doesn't drink while he is working with power tools!

So, instead of looking at 5-10 years (as this would have been his THIRD assault in less than a year & he's currently on probation), he is getting away with it scot-free. The entire family is destroyed as well because they are all taking the liar's side in the matter because they don't want their precious 35-year old BABY to go to prison.

spittenfire's picture

I dont think it is because he doesnt care...he does. Our fight has been long and hard. We just approach things differently. He doesnt think calling everyone is going to change anything at this point. We have not been told by DFS that the safety plan is over, its just we dont know what happens next and I am very anal drop everything I need to know now type of person, he isnt. It is not because he doesnt care...sorry if i made it sound that way, its just he handles things differently than i do and I have to vent here to try to reign in my wanting to run a show that isnt mine Sad

spittenfire's picture

Also my dh has concerns about pressing a forensic interview, and the possibility of charges being pressed and SS having to face a defense lawyer. He is truly trying to look at how the whole situation will fit together to affect SS.