Children in state custody:hearing

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Lizibe

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My children were taken by the state and I have to go to a hearing. It was mainly a temporary mental breakdown situation on my part where we were unable to care for the kids because my husband was attending to me and had to call the ambulance., there was no abuse or threatening or anything. They also felt the living conditions were inadequate but that problem has been rectified. the report also says we neglected to provide proper care and education and medical which is not true and we have documentation from the school and doctors to prove this. Plenty of food in the house, kids have good clothing, are bathed etc. My husband is a registered sex offender for an offence committed almost 30 years ago and served his sentence long ago. We have heard rumor they can prevent us from having the kids back home due to this, or that they can refuse him visitation. We havent found anything online to this effect and all we seem to find is if there is a divorce and one parent is a sex offender they can be refused visitation if the custodial parent does not want visitation, so this is a lot different.
i am hoping this is just a rumor because they are his kids and he has a good relationship with them and i would think it is unconstitutional unless he had abused them which he has not.
I know at the hearing they normally will either give the kids back if the report is unsubstantiated, or they will set up a plan to work through to get the kids back after a few weeks. they mentioned a possible evaluation and parenting classes and stuff like that.
I'm just concerned about the rumor and wondering if anyone know the law about that. Again, I don't find it online except when it deals with divorce. The situation that caused the kids to be taken in the first place is fixed and was temporary, not some ongoing thing.
I just hope they do not / can not use a 30 year old sex offense record against us. The offense was with a teenage girl, not a little child.
 
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All it takes is not being able to take care of your children and neglecting them once to prove neglectful. A responsible person would obtain alternate care temporarily.
 
All it takes is not being able to take care of your children and neglecting them once to prove neglectful. A responsible person would obtain alternate care temporarily.


It was actually a situation where that couldn't be done because it was an unforeseen breakdown. It just happened and I spent a few days in the hospital then was discharged. Actually there was no neglect. the report says that but we were right here with the children so for about an hour my husband was attending to my needs but the kids were either right in the room or went out in the back yard during part of it but were in plain site out the window about 30' behind the house playing in a dried up pond which is where they play and dig a lot anyways. the kids were removed because of living conditions, the house being messy and the toilet hadnt been flushed so there was stuff in it. Like i said, those things have been fixed. Also, it was not just a break i had naturally, it was brought on by prescribed medication i was taking for anxiety and the medication even has warnings it can cause depression and even suicide. I have not taken any medication since then, so thats why I say that problem is also rectified. If they want to evaluate us that is fine, I am just concerned if they will or can try to use the fathers past record against us. i do not see how they can, we just read a story of a sex offender father being granted custody or visitation of a child when the mother and child dont even want it!. So i am thinking it must be a rumor or someone misinterpreting the divorce custody and visitation laws.
 
Hire a lawyer. But, seek mental health counseling and medical care, first. Prove to the powers in control that you are well.


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It is extremely unlikely that a 30 year old conviction will be held against him.
 
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