Neglect or Abandonment of Dependent Person How Easy to Prove in Daycare
The following article was written by a dear friend of mine in 1995. She told me then I could circulate this, but asked that I don't use her name. I know the file is online elsewhere with her name, but I'll exclude it because she asked me not to use it, at the time. I met her when she started using computer bulletin board systems to get information helpful to her CPS case. I owned a computer bulletin board system (using FidoNet) at the time. She lived only a few miles from me and we got together and became friends before I left the Bay Area. She worked mainly with VOCAL and some attorneys to get her step-child home from foster care, so you'll see references to NASVO and VOCAL in the following article. I don't know if the NASVO contact phone number is still useful as this is now a twelve year old article! However it contains some good information, and I'd like to know what you think of the suggestions she gives. – LJM
Don'ts and Dos when Falsely Accused of Child Abuse or Neglect
Don't Invite Law Enforcement or Social Services Into Your Home Without a Warrant
This action waives your right under illegal search and seizure under the Constitution. This will allow them to come into your home at ANY TIME and search and seize your children or belongings.
Don't Speak To Anyone About Your Case Without First Consulting A Lawyer. Everything You Say Can and Will Be Used Against You
If you cannot afford a lawyer one will be appointed to you if you are arrested. No attorney will be appointed to you if this is a civil case (family law). In some states, attorneys are appointed to parents in juvenile dependency court. You should call the local Bar Association or legal information service nearest you for this information.
Don't Contact the Alleged Victim, Their Family, or Prosecution Witnesses
Any and all such contact will be construed as an attempt to bribe or threaten the alleged victim into silence or recantation. Such contact must be done through a PRIVATE INVESTIGATOR who will work through or with your attorney.
Don't Turn To Drugs or Alcohol
Such substances are habit forming and are depressants. They can cause you to jeopardize your case.
Do Go Attorney Shopping
Seek out an attorney who is EXPERIENCED IN CHILD ABUSE CASES (specifically false cases). For assistance, contact your local VOCAL or call NASVO at (916) 863-7470. If you cannot afford an attorney, one will be appointed to you in criminal court. If you are in civil court (family), you must pay for your own attorney. Depending on the state, you may or may not be appointed an attorney in juvenile dependency court.
Do Hire A Private Investigator
Some attorneys have their own in house investigators. Some do not, and IT IS CRUCIAL THAT AN INVESTIGATOR BE IMMEDIATELY ASSIGNED TO YOUR CASE. If your attorney does not provide one, call NASVO for references.
Do Keep A Daily Journal
Such a journal should document everything you do or where you go and people who see you or are with you. Keep receipts of purchases to keep evidence of activities. Back date a journal by going through canceled checks, photos, letters and holiday experiences. Try to remember and reconstruct everything you did and where you were at the time of the allegation. Give this information to your investigator (and attorney). This can provide evidence.
Do Strip Search the Child's Room, if the Accusing Child Lived in Your Home
This can provide proof as to your child's activities and sexual and social habits. Look for notes, letters, diaries, photos, telephone numbers, drug or sexual paraphernalia. Provide findings to your investigator (and your attorney).
Do Keep Active
Physical and social activity are healthy and will assist in keeping depression at bay.
Do Pay Your Attorney or Investigator
The people you hire for your defense are professionals and will work toward finding a solid defense. It is advisable to ALWAYS ENTER INTO A CONTRACT AGREEMENT FOR FEES. This sets the boundaries of your agreement and protects both you and your defense professional from failure. If you have problems about your proposed contract, call NASVO.
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Source: https://fightcps.com/donts-and-dos-when-falsely-accused-of-child-abuse-or-neglect/
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