Wednesday, January 17, 2007 my wife received a call from our DSS case worker informing her that our case management worker would be coming out to meet with us on Tuesday, 1/23. They said I didn’t have to be there, which I didn’t understand why they would say that. Why would I not want to be there?
I called the case worker back to ask an appeal process. She said that it couldn’t be started until Tuesday when our case management met with us. While on the phone, she also mentioned that they would want to take some type of Sex Abuse Assessment and they would explain this as well on Tuesday.
I immediately called my attorney to make him aware and to ask how I should handle the situation. He advised me to just meet with them, but to not discuss anything about the case and that I shouldn’t sign anything without him reviewing it first. He also told me he would not allow me to take any type of “assessment” as that could be detrimental to my legal case. Unfortunately he also said that not allowing me to do this could impact me being able to go home. While I wanted to go home more than anything, I had to stay focused on the long term consequences and not the short-term.
Meeting the new case management worker
At 10:00 on Tuesday, 1/23 my wife and I met with the current case worker and our new case management worker. Since my last meeting, I had purchased a voice recorder to begin recording all of my conversations with DSS. I did this both so that my attorney could listen to the calls and for possible legal evidence later. They both granted me permission to record to conversation, which surprised me. I’d later learn why this ok. Anything said by the case worker is personal opinion and does not legally represent DSS’s position unless it is in writing. This is how they get around recording and you quoting them in court.
The case workers brought my wife and I a letter indicating that our case had been substantiated, the letter indicates substantiation of Abuse/Neglect for only one parent, me. The substantiation was “environment injurious” which is a fancy way of saying that my children were at risk when I was there. I’m not really sure how this was the case as my legal charges weren’t against my children, nor were there any physical findings of abuse on any of them. Of course this makes sense, since I didn’t abuse anybody!
The case management worker, I’ll call Amanda explained she would be our case worker, and would be developing a Family Case Plan, and that this meeting was to introduce herself to us and get to know us a little. A Family Case Plan is basically the list of requirements you have to meet in order to “complete” the DSS process. Be warned, it is in no way final, and just because you complete the requirements, in no way means they have to close your case or can’t ask you to do even more.
Amanda said that she would meet with us next week to review the Family Case Plan, and that I would be asked to sign-off on it. This sign-off would be a voluntary agreement between myself and DSS indicating that I acknowledge their belief that this is where the problem area is, and I agree to cooperate and do the action(s) in the Family Case Plan. I can sign or not that is up to me.
She explained at this point the only recommendation was that they want me to participate in is a Sexual Abuse Assessment. Depending on the outcome of that assessment then Amanda would determine how to proceed. She indicated if the assessment was fine, the case could most likely be closed, if the assessment was positive, we would do whatever actions were determined after that. Note, she said “most likely be closed”.
She explained the Family Case Plan would be reviewed every 90 days and that she will be meeting with both us and our children twice per month.
I asked our initial case worker about the appeal process, and she gave me her business card, and told me to call the Program Administrator and ask about the appeal process. Now couldn’t she have told me that over the phone the other day?
I asked a few questions including if I could get a copy of the documentation. They said no, but that my attorney could subpoena it. When I asked about the specific reasons for the substantiation, she said it was due to me being charged, and due to our recent adoption of Emilee. Amanda said that the CAC evaluation with Evonne was “definitive”. I do not recall seeing that wording on any of the CAC evaluation documentation the DA’s office has provided and expressed that to them. She said the documentation they had from the CAC said the findings were “definitive”. This was a lie, I had the same copy they had and it clearly said: “consistent with child sexual abuse”, meaning that the findings (redness in the vulva area) were consistent with child sexual abuse. Sure, but it’s also consistant with about a million other reasons. For those of you that have daughters like I do, you’ll know what I mean.
I additionally asked if they could reconsider the 3 hour visitation rights I had and allow me to come home with some restrictions that would mitigate their risk concerns. They said they would ask their supervisors.
During the conversation, the original case worker made it very clear that she did her evaluation, and that the decision to substantiate the case wasn’t hers, and was made by people higher up than her. She came across very clearly like she disagreed with that decision, and during the entire meeting she seemed upset about even being at our house. I strongly feel like she disagreed with the substantiation decision. We found out a few weeks later that she had resigned from DSS shortly after our meeting. Hmmm, I wonder why.
She also mentioned that they ran criminal background checks on both the girls’ parents (Rose and her husband) in their states of previous places of residence neither had any criminal background. She said they looked into the issue of the husband being fired from his employer for surfing pornography, and that no police report was filed. Of course their wasn’t, it’s not illegal, just against a companies policy. I found it interesting she would share that information with us, and it seemed to almost be a breach of privacy. Of course I was very appreciative of the information.
Amanda then began talking specifically to our children, asking them their names, and ages and was friendly to them. While I hated them being there, I like Amanda. She seemed different.
Amanda then asked my wife if she knew of any motive as to why Evonne would accuse me of what she did. My wife responded by saying only that Evonne wasn’t happy about being there that night at the party because the other kids were being mean to her and she wanted to go home. They left shortly after.
DSS Letter of Appeal
I called the director of DSS to find out about the appeal process, she said the case worker should have told me or I should have received a letter regarding the appeal process, and that it needed to be in writing. She said she would follow-up with the worker and her supervisor and call me back with information on how to file the appeal.
Latter that day, one of the supervisors returned my call and told me that I just needed to send a letter. She said I didn’t receive a letter due to the type of substantiation. So no special attachments are required and that I should send the letter as follows:
[[Name of DSS Office]]
c/o [[Director/Supervisor]]
[[Address]]
She suggested the letter should include my intent to have the decision appealed, and the reasons why I feel it should be appealed which in my opinion are:
- Myself nor my wife have any criminal background at all
- No evidence of sexual abuse to any of my children was found by the CAC. All were interviewed and given physicals.
- The statement made by whomever, that our adoption of our daughter was my idea was completely false. The idea to adopt was my wife’s (she is willing to make that statement under risk of perjury). I didn’t intend to have anymore children, and as a result had a vasectomy done after our last son was born.
- My wife and I have been 100% compliant with all of the DSS requirements, and have maintained open and honest communications with them
- Our adoption home study showed a healthy and safe environment for our children and included multiple letters of recommendation from friends with children (who all coincidentally have girls).
- I am innocent until proven guilty, and should not be treated as guilty.
- The charges I have against me have nothing to do with my children, but with another child. There is no probable cause or reason to think I would hurt my own child as a result of these charges.
I typed up the letter and gave it to my attorney for review. He was fine with it and I mailed it the next day. We anxiously awaiting a reply hoping and praying I would finally be allowed to return home.
Legal update
No significant progress at all has occured in my legal situation. I continue to show up in court weekly, and my attorney asks for a continuance while we waits for the Discovory information from the DA and for her to have time to meet with him to discuss the case. The DA makes me show up each time. So I take off from work, dress up, drive up there only to sit down for 5 minutes and then told I can leave. It’s a huge waste of time and just a way for the DA to make my life as miserable as she can.
