Constant calls to CPS

[gam]

What is the name of your state (only U.S. law)? Michigan

This is not my case, but my niece's, she has no home internet.

Is there something that can be done legally when one constantly calls CPS with false allegations?

My niece's ex is constantly calling CPS. 3 times since June, and prior to this about 10 times in the past 3 years. It has become a routine, beginning of each summer he calls with the same allegations. He calls everytime one of them gets sick, and now he takes them to the ER everytime they come to his home for more then a weekend visit. Nothing is ever found wrong with them at the ER, however he will lie to my niece, hand her over the counter meds that he says were prescribed, and then after handing them back over to her, he calls CPS.

CPS's routine, if school is in session, they go to the school, interview all 3 kids, with no prior notification to my niece. They call her the next day and then come to her home, interview her and usually each child again. If school is not in session, they come to the home, interview her, interview each child separately and alone. If she asks to be in the room with the children, she is told, well I can call my supervisor and tell her your being uncooperative.

All cases have been closed as unfounded. Most times, many of the allegations are easy to prove as false. Such as claiming she seeks no med attention for the children, no sitters. But the allegations are getting more and more carried away. Some of the latest the oldest child(who is not his)is constantly pinning the other 2 down and sticking his bare behind and front into their face. Niece's boyfriend was fired from his job for cocaine, all 3 kids still go in their pants(they are 7, 9 and 13), their beds are full of pee and feces.

Lots more to this case, but trying to keep it short. Any help would be much appreciated.

 

[TinkerBelleLuvr]

She needs to speak with the CPS worker the next time they come and tell them exactly what was said. Is there any pending court hearings in the future?

My X's GF and the GF's mother were famous for pulling that stunt on me. Unfounded. Everytime. We landed up in front of all the big wigs with my X's tush being twisted up pretty good. They can bring the X up on charges of emotional abuse for these stunts.

 

[Isis1]

What is the name of your state (only U.S. law)? Michigan

This is not my case, but my niece's, she has no home internet.

Is there something that can be done legally when one constantly calls CPS with false allegations?

My niece's ex is constantly calling CPS. 3 times since June, and prior to this about 10 times in the past 3 years. It has become a routine, beginning of each summer he calls with the same allegations. He calls everytime one of them gets sick, and now he takes them to the ER everytime they come to his home for more then a weekend visit. Nothing is ever found wrong with them at the ER, however he will lie to my niece, hand her over the counter meds that he says were prescribed, and then after handing them back over to her, he calls CPS.

CPS's routine, if school is in session, they go to the school, interview all 3 kids, with no prior notification to my niece. They call her the next day and then come to her home, interview her and usually each child again. If school is not in session, they come to the home, interview her, interview each child separately and alone. If she asks to be in the room with the children, she is told, well I can call my supervisor and tell her your being uncooperative.

All cases have been closed as unfounded. Most times, many of the allegations are easy to prove as false. Such as claiming she seeks no med attention for the children, no sitters. But the allegations are getting more and more carried away. Some of the latest the oldest child(who is not his)is constantly pinning the other 2 down and sticking his bare behind and front into their face. Niece's boyfriend was fired from his job for cocaine, all 3 kids still go in their pants(they are 7, 9 and 13), their beds are full of pee and feces.

Lots more to this case, but trying to keep it short. Any help would be much appreciated.

these are all false allegations correct? was the boyfriend fired? does he have a cocaine problem? has he taken a drug test to prove he doesn't?

if all these allegations are false, then mom has nothing to worry about. unless your state criminalizes these false calls, which i suspect they don't, then mom may just havet t6o ride it out.

 

[TinkerBelleLuvr]

CPS hates getting their workers' time wasted by parents who are trying to work the system. I know. The niece needs to get more vocal about what is happening with the X.

I was able to stop the circle by having all my court papers available for review. I escalated it cuz I was tired of the 'visits'.

I suspect strongly that there is court action pending.

 

[gam]

She been very vocal to CPS, can't get anywhere. The worker just threatens to make her the bad guy, her uncooperative. No one their seems to follow their own handbook, that took her 3 months to get a copy of. She can't get through to the supervisor, most often a different CPS worker each time. She has walked in hand written letters with the handbook quoted with her rights to different info she requests, and she never hears a word. Not until he calls and they come knocking. S

So far she can't find a lawyer who seems to know what to do with CPS. Maybe a family law lawyer is not who she should be seeking?

 

[gam]

The boyfriend was not fired, he has worked the same job for 10 years. His employer gave him a letter, that niece gave to CPS stating he has worked there for 10 years, never been fired, and to there knowledge has no drug problem. He has no drug problem, has nothing more then a traffic violation.

Just the ex going after whoever is around the kids. He has made allegations against the child that is not his, he has made allegations against the grandparents. He has made allegations against babysitters.

According to the CPS handbook, repeated false allegations can have criminal actions taken in Michigan. Just don't know how to get them to do what they are suppose to.

 

[TinkerBelleLuvr]

She needs to make an appointment with the supervisor of CPS.

She must always comply with the CPS worker, but she can also do more than complain. How many times have they been to court over custody/ child support/ show causes?

 

[Ohiogal]

She been very vocal to CPS, can't get anywhere. The worker just threatens to make her the bad guy, her uncooperative. No one their seems to follow their own handbook, that took her 3 months to get a copy of. She can't get through to the supervisor, most often a different CPS worker each time. She has walked in hand written letters with the handbook quoted with her rights to different info she requests, and she never hears a word. Not until he calls and they come knocking. S

So far she can't find a lawyer who seems to know what to do with CPS. Maybe a family law lawyer is not who she should be seeking?

She needs to hire an attorney. There has to be a local juvenile court up there that handles neglect and abuse cases -- she needs to go up there and talk to a secretary or receptionist or bailiff who may be able to pass along names. Family law is NOT the same as juvenile court.

 

[wnbama]

The boyfriend was not fired, he has worked the same job for 10 years. His employer gave him a letter, that niece gave to CPS stating he has worked there for 10 years, never been fired, and to there knowledge has no drug problem. He has no drug problem, has nothing more then a traffic violation.

Just the ex going after whoever is around the kids. He has made allegations against the child that is not his, he has made allegations against the grandparents. He has made allegations against babysitters.

According to the CPS handbook, repeated false allegations can have criminal actions taken in Michigan. Just don't know how to get them to do what they are suppose to.

Have you checked out their website? See if there is a Head person to contact?DHS - Department of Human Services

In just a few minutes on it I found the Child Protection Law for Michigan, here is the link to it.
http://www.michigan.gov/documents/DHS-PUB-0003_167609_7.pdf

 

[dlr35]

wrong

thats wrong what cps is doing to her i dont know in your state but here in georgia you can file a harrassment charge against cps after so many times and they dont find some thing wrong I myself went through this but it wasnt an ex it was my neighbor who kept calling cps on me all the time for no reason she would see my children playing football outside in the yard and say they were playing to rough and I allowed it and she would call in on me I was a school bus driver for 8 years and I was friends with the school resource officer and I told him what was going on and he told me that they couldnt do that if they had been out on several occasions and had found nothing they had to leave you alone because it was harassment and that was illeagal so I packed up my husband and all 4 of my kids and marched my butt straight into the cps office and I said here is myself here is my husband and here are all my kids we are fine nothing is wrong with any of us we just have a busy body neighbor and if you dont close this case I will sue you for harrassment because I have already talked to the police department about it and he said it was wrong and I could make a case against them and needless to say that day she closed the case and I have never heard from cps again. and that was about 9 years ago. but good luck to you

 

[TinkerBelleLuvr]

i dont know in your state but here in georgia

Unless you can specifically give the facts for MIchigan, it is best not to say anything.

My case was Michigan.

wnbama gave Michigan law

OG is an attorney.

 

[great_ideas]

How do you know who is making the reports?

What is the name of your state (only U.S. law)? Michigan

This is not my case, but my niece's, she has no home internet.

Is there something that can be done legally when one constantly calls CPS with false allegations?

My niece's ex is constantly calling CPS. 3 times since June, and prior to this about 10 times in the past 3 years. It has become a routine, beginning of each summer he calls with the same allegations. He calls everytime one of them gets sick, and now he takes them to the ER everytime they come to his home for more then a weekend visit. Nothing is ever found wrong with them at the ER, however he will lie to my niece, hand her over the counter meds that he says were prescribed, and then after handing them back over to her, he calls CPS.

CPS's routine, if school is in session, they go to the school, interview all 3 kids, with no prior notification to my niece. They call her the next day and then come to her home, interview her and usually each child again. If school is not in session, they come to the home, interview her, interview each child separately and alone. If she asks to be in the room with the children, she is told, well I can call my supervisor and tell her your being uncooperative.

All cases have been closed as unfounded. Most times, many of the allegations are easy to prove as false. Such as claiming she seeks no med attention for the children, no sitters. But the allegations are getting more and more carried away. Some of the latest the oldest child(who is not his)is constantly pinning the other 2 down and sticking his bare behind and front into their face. Niece's boyfriend was fired from his job for cocaine, all 3 kids still go in their pants(they are 7, 9 and 13), their beds are full of pee and feces.

Lots more to this case, but trying to keep it short. Any help would be much appreciated.

How do you know who is calling CPS? Are they diclosing the caller, or does she just suspect it is him? Could he be giving a different name and info everytime?

Does he brag about the reports to her? If so have her check into local laws for recording his phone calls, and or conversations with him. Does she have records from the ER showing he took them and nothing was wrong? Does CPS ever visit his home?

 

[TinkerBelleLuvr]

Many times, if you ask for the reports, the person making the report is in it. It may be blacked out, but not blacked out enough. You can usually figure it out. By the time I was squawking in the CPS supervisor's office, I had all the ammo I needed.

I had meetings with heads of CPS and FOC involved, along with the regular worker. Squeeky wheel works well with CPS.

The last visit I had, I apologized profusely to the worker about their valuable time being used for a custody battle. I laid it out on the line about what was happening. She helped me escalate.

 

[TheGeekess]

Unless you can specifically give the facts for MIchigan, it is best not to say anything.

My case was Michigan.

wnbama gave Michigan law

OG is an attorney.

Cosign and would like to add: Punctuation is your friend, dlr35.

 

[wnbama]

Many times, if you ask for the reports, the person making the report is in it. It may be blacked out, but not blacked out enough. You can usually figure it out. By the time I was squawking in the CPS supervisor's office, I had all the ammo I needed.

I had meetings with heads of CPS and FOC involved, along with the regular worker. Squeeky wheel works well with CPS.

The last visit I had, I apologized profusely to the worker about their valuable time being used for a custody battle. I laid it out on the line about what was happening. She helped me escalate.

I did the same thing in my case after being turned in 3 times in 6 months. I laid it all out there on the line,when the case worker showed up at my house I showed her all the letters the NCP and SM had been sending me, along with the THEIR policy. At that point the case worker admited that the SM had been calling her atleast every other day stating she wanted my child. It took my lawyer telling his lawyer that DHR would have on record WHO called, what was reported. It's amazing how those calls STOP!

/hijack