You’ll recall if you read my story, that in December 2006, our DSS case for “environment injurious” was substantiated by our local Department of Social Services (DSS). As part of that substantiation, we were informed that we could make an appeal to the decision. I immediately wrote a letter of appeal and asked that the decision be over turned primarily due to lack of any actual evidence, no indications of abuse were found on my children, and the supposed victim did not live in our home nor is she my child or live anywhere close to our home. I had my attorney review and approve of the letter, and I mailed it immediately.
The DSS Appeal Denied
I received a reply regarding the appeal on April 13th, nearly 4 months later. This is just one example of how slowly these processes work. You can be accused, arrested, kicked of of your home and substantiated in a matter of days, but it takes them nearly 4-months just to respond to an appeal. Perfect example of how the system works against you.
We decided not to stop there and sent a letter to our local congressman who we’ve consistently voted for an who was nice enough to assist us during our adoption after a hold up occurred at the immigration office. We never received a reply. Funny how people run from situations like mine. Ironically enough, Thank God for attorneys.
We were devastated that the appeal wouldn’t be denied, but both my attorney and his assisting DSS attorney were not. They said that DSS has been in so much legal trouble lately, that they over react on everything to protect themselves. I could still not return home with my family. As for April 13th, I had been living with my parents for 6-months. I had no idea that at the time, I would have another six months to go.
Very few updates
Basically nothing occurred throughout the remainder of April and through the entire month of May. I did meet with my attorney who informed me that he continued to try to meet with the DSS attorney to begin trying to work things out. Due to her case load, she was difficult to meet with. He did suggest that I go ahead and have witnesses from the party email with another set of statements in case they could remember any further details. My wife and I began getting our close friends and neighbors to write up character statements for us as well. Our attorney didn’t think these would help much, but didn’t feel they would hurt either. We just needed to feel like we were doing something positive to make a difference.
On the legal side of things, the entire county DAs office was in the early stages of two major murder trials. My attorney didn’t feel like she would even be open to discussing options on the case until the fall. Yes, the fall, nearly a year after the initial accusation.
At the end of May, we met again with our social worker, who was required to meet with us monthly. During this meeting she stated that she had not heard any news regarding my case. She stated she was basically getting told to “back off” on pushing my case status and regarding asking questions about my case. She expressed her continued frustration with the fact I was not being allowed to come home, and that the case was even substantiated to begin with. She talked to us for about ½ hour, and then left. She said she would call us if she heard anything regarding the appeal or our case in general.
While everyone else went about their lives, including the supposed “victim”, we continued to wait in our own personal state of hell on earth. Just imagine what it’s like for someone, who doesn’t even know you, to tell you that you cannot live in your own home that you pay for, that you can’t sleep with your wife at night that you married, or spend time in your home with your own children that you had loved, nurtured, raised, hugged and kissed each night and every morning for 12 years. I felt like someone had literally ripped my heart out. As I write this nearly two years later, it still makes me cry. I hope I never again in my life ever have to hear “Daddy, when are you going to come back home?“
{ 2 comments… read them below or add one }
Our cases are so similar brother and i cant speak for everyone that comes on this sight but I promise you I know the hopelessness and despair. I know the seldom moments of relief and joy every time a little truth is shown to those empathetic investigators that treat you like a child molestor. Gettin sick and always uneasy having to explain whats goin on to all these people that ive known in my little small town my whole life. After the preliminary nightmare and heartache, anxiety of it all. Alot of worry left me when i figured out that I had so much support from everyone that new me. They would simply say, “thats just crazy or no, i dont believe it” . I have actually gained friends and gotten closer to family through this neverending ordeal.
My supposed victim was barely 3 at the time. I briefly stayed with the family while me and her stepdad were working offshore down there.(maybe 3 weeks total) I went back home after that 17-18 hours a way and never again saw them………..for 2 years. Now she is 5 and her and her step brother was caught trying to do sexual stuff to each other in the bathtub. hes 11. when there busted by there mom, the 5 year old supposedly confesses after being questioned by her mother that i taught her that stuff. Then continues to fabricate a story that is just down right unbelievable to anyone but a courtroom/grand jury and the like. Took her to the clinic and found that her privates had small lacerations and so did her anus. Remember i hadnt been in that state even in 2 years. BUT THE IDIOTS CANT PIECE THAT MUCH TOGETHER AND they came for me out of the clear blue sky. The texas rangers got me at work and held me hostage with no bond for 4 months. I did the polygraph in order to get a bond and passed. They charged me with 20 charges from rape to assault to stalking to carnal knowledge….complete insanity. The only evidence in this case is that 5 year old girls recollection of when she was 3. Its such a heavy load for everyone that goes through this pain and it has taken so much time away from me and my 10 year old daughter just having to pay attention to this horrible subject. Ill never be the same regardless of the outcome. I pray to god I dont turn into one of those innocent projects. Im going to court again in a couple months. Will the justice system come threw for me in the end? How could this go so far with no evidence? What happened to you in the end sir?
Guys I know exactly what it is. Me and my wife are being tormented from our local dss protective services for missing 3 appointments with my oldest childs dr. We missed our appointments because of how mild the problem was and how far far away we had to drive to get him to that doctor. I felt totally in the right and felt we had every single legal right as parents to decide to not do bacj to that quack dr. So anyhow not even 4 months from his last appointment that we kept we received a call from dss, our social worker had gotten a complaint via the dr. that we missed this appointment and that appointment, and we were medically neglecting our child. Now mind you in his 2 years of life I have taken my boy to more doctors and hospitals than I have seen myself in my entire life span. Were talking atleast 30 e.r. trips, over everything from a runny nose, to a bug bite, to a cough, anything out of the norm we get him checked out, because we have medicaid and what is it for right? Anyhow, we have so many pages and pages and pages of printouts on all the dr’s we’ve taken him to, all the e..r visits everything. I plan on writing an appeal letter to the dss today, I received our letter of substantiation yesterday for maltreatment and medical neglect. I was also informed that my wife and I are now on a national regristy of child abusers????!!?!?? REALLY???!!!? Christ I thought we lived in America where you was innocent until proven guilty, I haven’t seen this dss witch but one time and she’s already slandered and convicted us. Needless to say I’d love one day before I die no matter how this turns out to get ahold of this woman and teach her a true lesson on how to mind her own business and go after the ones really beating their children and locking them in closets, starving and lying to them. Go after these people not poeple such as us, hard working tax paying average joes that do what were supposed to do. I love my two boys, more than I love my damn self, I love them right up there with my love for god himself I love my boys. I’ll die protecting my children from these bastards, and I got many on my side that will do the same. So if they decide to take my boys, heh I promise you, you’ll all hear about it in the papers with the wrath that will follow. I can’t wait personally for another civil war, this goverment is trash, our country being ran by these morons is turning to garbage. Every freedom and right I’ve ever believed in is being violated, and my constitutional rights are no more apparently. Does anyone feel based on just missing a few appointments, then taking him to the dr’s when told, then changing his dr. due to dss getting involved, does it seem we’ll win? The dr. is pissed over his missing paychecks for those appointments, how ethical is it to get mad like that and turn two great parents in and have them harrassed to the point they’d rather die?