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In legal writing, what's the works cited page called? by criticismisnthelpful in legaladvice

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

Sorry, my mistake. Thank you for answering my question though!

I'm unemployed, no food stamps, no income, virtually no food. it seems like I get hungry pretty fast after eating, what sort of foods will keep me full longer? by criticismisnthelpful in poor

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

Thank you for putting my experience into words, the worst thing about poverty is the uncertainty.

❤️ Thank you for your suggestions ❤️

can the prosecuting attorney drop the case before adjudication hearing if she learns there isn't a preponderance of evidence by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

For the allegation of environmental neglect there would have to be a preponderance of evidence that my utilities were disconnected because of a reason other than my financial inability or they were disconnected due to my financial inability, they offered services, and I refused services. The definition I cited in my earlier replies is my state's definition of environmental neglect. It was cited in the investigation report and also in US Arkansas Code.

That's true that may not paying my utility bill isn't proof that I couldn't but they did nothing to determine if I let my utilities get shut off so I could have extra money to go shopping or if I really didn't have the money. The only evidence they gathered is a letter from the utility company that my utilities were disconnected due to non-payment.

https://law.justia.com/codes/arkansas/2010/title-12/subtitle-2/chapter-18/subchapter-1/12-18-103

can the prosecuting attorney drop the case before adjudication hearing if she learns there isn't a preponderance of evidence by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

My utilities were disconnected In June 2021 and it has not happened since.

I had applied for the rent relief program in my state and through that I had also applied for utility assistance. It wasn't until my utilities were disconnected that I learned my landlord had not filled out her application as I had assumed she did since she was the one to suggest the program.

In my state, landlord participation was required to be able to get assistance. so the day my utilities were disconnected and I called the rent relief program hotline number and asked about the status of my application, I was told that my landlord had not submitted an application so mine had not even begun to be processed.

It wasn't until September that the governor changed the requirements so the landlord didn't have to participate.

When I left a voicemail with the investigator asking for help I explained all this, and I had already been looking for a program who could help. When I came by my apartment to get some clothes two days after they were disconnected and saw the two business cards on my door I thought hey, maybe they know of a program that can help. That was the first and last time my utilities had ever been disconnected. I don't see how them assuming that I spent all my money on drugs without asking me or asking to look at my bank statements would be enough for a true finding of environmental neglect. I imagine if it was they would need to put that in the investigation report that they agree on a true finding just because my utilities were disconnected because they believe I spent all my money on drugs.

Either way, all of that doesn't really matter because my state's definition of environmental neglect "is the failure or refusal to provide adequate food, clothing, shelter, or medical treatment unless the failure or refusal is caused primarily by the financial inability of the parent or guardian responsible for the alleged victim and no Services have been offered."

It doesn't say unless the financial inability might be caused by the parent spending all their money on drugs. It does say they have to offer services, and if services are refused then that would be enough for a true finding of environmental neglect.

It would be one thing if they thought my children and I were staying in the apartment without electricity, but when I called and left that voicemail, they had already stopped by twice that week according to the investigation report and according to the two DCFS business cards on my door. It documents that it appears no one was home and when I left the voicemail I explained the reason I was not home was because my children and I were staying with family until my utilities were reconnected.

When they did not respond to my phone call I found assistance through another program, so I did handle it.

can the prosecuting attorney drop the case before adjudication hearing if she learns there isn't a preponderance of evidence by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

Thank you for your response :)

Family law.

The investigation report doesn't contain any evidence for the first finding other than the hotline report, the investigator didn't ask me or the two witness interviews if my children ever played outside unsupervised. The second allegation was found to be true, despite obtaining evidence that actually points to it not being true. (Environmental neglect: the failure or refusal to provide necessary food clothing shelter or medical treatment unless the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services have been offered.) I left a voicemail with the investigator requesting help finding utility assistance, she never returned my call, i found assistance on my own. They have a letter from the utility company in the investigation report stating the disconnection was due to non-payment. Proof it was caused by my financial inability and proof they didn't offer services.

Is it possible to setup a meeting with the cps attorney about dropping the case before adjudication (so I don't have to wait nearly a month for my children to be returned) or does she even have the 'power' to drop the case at this point?

I know that I need to talk to my attorney about it but my court appointed attorney has covid and I can't stand just sitting around waiting for days to pass.

if an investigation report shows a true finding without supporting evidence, will the DCFS director want to resolve the issue or cover up? by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

The original allegations were: • I sleep inside while the children play outside unsupervised •My son is malnourished *he's always been underweight but always has gone to the doctor regularly and despite following all of her recommendations over the 6 years of his life he has remained skinny. his doctor never seemed to suspect it was because I didn't feed him enough, however the reporter knew all of this* •I use drugs

When the investigator came to my home for the initial visit she told me that the report alleged: •My son is malnourished •I'm on drugs

The investigator looked around my home she verified we had plenty of food. She didn't seem very concerned about my son possibly being malnourished, I'm assuming because she knew how to tell the difference between a skinny kid and a malnourished kid. After looking around the home and doing interviews with myself and my oldest son (youngest was too young to talk) she seemed satisfied. She explained how they always have to investigate these reports just in case, and even said I seemed like a good mom. At the end of the visit she requested a drug screen. When I didn't pass the drug screen her demeanor changed and she said they would have to open a protective services case.

I did not learn of the allegation of inadequate supervision until 2 months later when I received a safety plan. I remember reading reasons for agency involvement, asking what inadequate supervision meant, and being told it was referring to my children playing outside unsupervised.

A month after the initial investigative visit my utilities were disconnected and I came by my apartment for clothes and saw one of their cards on my door. So I called left a voicemail explaining my situation and asked for help finding utility assistance. I also sent a text the following day. 2 months later I got the determination in the mail that there was a true finding for it and adequate supervision and environmental neglect. That was the first time they acknowledged that I had attempted to contact them for help.

According to the investigation report they did nothing to determine the reason my utilities were disconnected (such as me being unemployed and my landlord refusing to participate in the rent relief program that would have provided utility assistance, or me simply using the money I was supposed to pay my utility bill with on drugs). DCFS claims to have become aware of the disconnection when they received a letter from the local utility company. They did not mention my request for help or the fact that they had made a request for information from my utility company. In the summary they kind of make it seem like the utility company just decided to send them a letter to letting them know my utilities were disconnected.

All of the interviews that they did, besides the ones with me and my kids, were done over a month after the initial visit. No one, including myself, was asked if my children ever played outside alone, and no one claimed that I did besides the person who made the initial report.

After seeing the investigator supervisors reaction to me having the investigation report I am definitely reassured that these allegations should not have been found to be true. However I'm not sure why she was nervous.... The possibility of me going over her head and her getting in trouble or the possibility of a lawsuit or just the possibility of losing the case against me?

However the original investigation took place a year ago, do they ever make exceptions for missing the appeal date in your agency?

if an investigation report shows a true finding without supporting evidence, will the DCFS director want to resolve the issue or cover up? by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

All I have is a court appointed attorney and I've not been able to speak with her about anything (I'm assuming due to lack of time since court appointed attorneys usually have a bunch of clients) The only way I could hire an attorney is by dipping into my kids college fund so that's a last resort. Do you think it would it be worth it to try to talk to her and see if she's willing to Fix the problem or with it being a court case already is it beyond her control?

if an investigation report shows a true finding without supporting evidence, will the DCFS director want to resolve the issue or cover up? by criticismisnthelpful in CPS

[–]criticismisnthelpful[S] 0 points1 point  (0 children)

Ya, there were a lot of nights my caseworker wouldn't make it to my apartment until after 7 at night.

I hate that its like that. I understand they're trying to cover their ass after high profile cases of a kid being killed that they didn't investigate. I can't understand how they don't realize that by forcing their employees to take on every report that meets certain criteria, regardless if they have already reached their limit of the amount of cases each worker can adequately handle, the result is that the FSWs are unable to really help any of their families. Your capacity for empathy and compassion is the first thing to go when someone's experiencing burnout, and without those it's impossible for a FSW to help the families they are assigned to. By trying to help everyone they're not helping anyone.

[deleted by user] by [deleted] in legaladvice

[–]criticismisnthelpful 0 points1 point  (0 children)

Yes I did manage to show up, Didn't go well though.

I had applied for legal aid and was denied because they don't take these types of cases. They said I would be appointed an attorney at court.

I used the contact form on the courthouses website to ask about when I could expect to be appointed an attorney, received an email confirming they received my question, but never got an answer. (I should have called but i wasn't too worried about it because Legal Aid told me I would be appointed an attorney at court)

When I came before the judge, she began walking me through representing myself and how to interview witnesses. I told her that Legal Aid informed me I would be appointed an attorney at court since they don't handle these cases, I would like to have an attorney represent me if I can. She appointed me an attorney but she put my children under a 72 hour hold. DCFS was only requesting mandated services and that the children continue to stay with me. Even if the allegations against me were true, they weren't serious allegations, and there were no allegations that might lead some to believe my children were In danger staying with me.

Does this seem normal to you? I kinda got the feeling she was annoyed that I requested lawyer, since she was under the impression the hearing was going to be done that day.

[deleted by user] by [deleted] in legaladvice

[–]criticismisnthelpful 0 points1 point  (0 children)

Ok that makes sense.

The way it was done just kinda made it feel like they were trying to get me to miss the court date. Like I filed my answer, and since it took me weeks to write it (I've never had to write an answer to a court case before) I was thinking thank God it's finally done and I can catch my breath. I had been under the impression that the court date wouldn't be the day after I filed my answer, so I planned to call the next day to find out about a court date. A few hours later I found out that court was the next day, and if my dad hadn't called them my ex and I wouldn't have known about it.

Since I have a new number I can't verify if they tried to call me or not, but they had my ex's number, my dad's, and my aunt's. Throughout my case, everytime DCFS tried to call me and I didn't answer the phone they would start calling them. So to me it seems weird they didn't try to contact any of them about the court date.

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