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False report to Family and Social Services in Delaware

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th2013

Junior Member
What is the name of your state (only U.S. law)? Delaware

We changed our minds regarding an adoption that was being organized by a Washington state adoption agency. We had the 13 month old child for two weeks and contacted our agency regarding our decision immediately. The agency, who claims to have worked with families in all 49 continental US states, advised us that there was a family in Va, who were approved to step in on the process and adopt the child. We were told that they would take care of the paperwork, "that is what we are here for and this is not unusual. There isn't anything for you to do at this point, but in a month or so you will need to sign papers."
Apparently they failed to notify ICPC as the child would now be adopted into another state and to another family. In other words, this child would cross state lines from Delaware. We were not aware of this failure until late February when I received a call from Delaware social services. I was fortunate enough that a supervisor called- she asked me if I was aware that they had been contacted regarding the possible neglect of a child. I was shocked. I had no idea why I would receive such a call. I began explaining our story and as soon as she heard the word adoption- she stopped me and said that she has never had anything like this happen in the 20+ years she has worked for the state. She would not tell me who made the call, but after I spoke to the agency- who of course claimed that the adopting family's attorney was supposed to handle that- our agency stated that a low level worker from ICPC must have called when they did not get paperwork in a timely manner.
I couldn't care less whose fault this is, but I have been deeply affected by this as my career relies on child abuse clearances from any State that I work in. I made this clear to the supervisor at Family services. She stated that they must keep all reports in the system, but that because there was never anything to find, it "might not show up." What?? Might not??
I went to a local attorney who looked over the paperwork I had and just said- "that's really a shame that these adoption professional dropped the ball and now you'll just have to explain this to employers if anything comes up on the clearances." Is that really true?? Am I really left without any recourse for an agency's mistake? I have been waiting for over a month to see if anything shows on my record because no one would give me a straight answer as to whether or not this would come up on a background check.
We did not have the child in our custody, the State actually had an outdated address for us and sent investigators to our old address twice, and after I spoke to a supervisor on the phone...she tells me there is nothing to investigate but she can't remove the report from the system.
How is this fair or right if my livelihood is affected?? Is there any legal recourse at all?
 


PQN

Member
relax

Did you get a letter stating that the report was unfounded? If so, it is in the DCFS "system" but shouldn't trigger a hit when they run a CANTS check on you. I've had DCFS called on me (maliciously) several times, all unfounded, and none triggered an alert on me (I also need a clean background in my field.)
 

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