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CPS

Discussion in 'Child Abuse, Neglect & Porn' started by Rian97, Apr 26, 2021.

  1. Rian97

    Rian97 Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    I have a few questions. I really hope someone here can answer them. Please cite law if you can, if it’s your opinion please state so.

    Are CPS workers considered government workers? If so is it legal to record phone conversations with them, without their consent?

    Is it legal to find someone neglectful for not cooperating with an investigation that is not against them? No court orders involved ever.

    Can CPS investigate someone and not inform them till a decision is made?

    How valid are forensic interviews in the court room?

    After the investigation period does CPS have to release the case files if asked?
     
  2. Zigner

    Zigner Well-Known Member

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    CPS workers do work for the government. That laws that apply to recording conversations apply to them just the same.

    The remainder of your questions are too broad and vague for anyone to give meaningful answers. If you have a situation you are currently involved with, then I would suggest that you explain it and ask questions about it. Although, to be honest, if you're at the point of "forensic interviews in the court room", then you need an attorney.
     
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  3. army judge

    army judge Super Moderator

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    They aren't merely "considered" as government workers, they ARE employed by government.


    The law regarding CPS in PA:

    55 Pa. Code Chapter 3490. Protective Services


    An answer can't be provided based on your query that offers no relevant FACTS to base an answer upon.

    If it happened to YOU, your question IS answered by your personal experience.

    If the judge ALLOWED it, presume it is PERMITTED.

    Maybe, maybe not, not enough facts presented to answer properly.

    The bottom line, if you believe legal jeopardy has (or will) attach to YOU, use your RIGHT to remain SILENT (something you may have overlooked) and consult an attorney.

    If you are indicted or arrested, SHUT UP AND ASK FOR A LAWYER.

    Look and learn:




    Save yourself citizen,stop yammering and shut your yapper.
     
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  4. Rian97

    Rian97 Law Topic Starter New Member

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    I have an attorney. I’ll post a A brief synopsis of what is been going on.
     
  5. army judge

    army judge Super Moderator

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    I suggest you post NOTHING anywhere.
    I suggest going forward you speak about this ONLY with your attorney and no one else.

    Silence is golden.

    PA is one of the 12 states mandating two party consent.

    Pennsylvania Recording Law | Digital Media Law Project
     
  6. Rian97

    Rian97 Law Topic Starter New Member

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    My minor child (14, I’ve read age makes a difference in the Juvenile court system) was accused of sexual abuse to another child. This all started late January. I didn’t let the worker in initially due to Covid, I did however let my other children come to the door to be seen. CPS did do a forensic interview on the “victim”. They requested to do one on another one of my children, not the accused. I tried to Facilitate that but the worker stopped communicating many times in the process. I then received a letter in the mail beating around the bush that I was not cooperating and they needed to do a home walk-through immediately or they will go to the courts for an order. At that point I hired an attorney because I had cooperated an allowed access to my other children, and she said it was fine that she didn’t come into the house due to Covid initially. Once my attorney made contact he was told that the reason why communication stop for the forensic interview of my non-accuse child was because police didn’t feel a need to set another interview up. I allowed the home walk-through to happen with my attorney on the phone. During that walk-through I allowed her access to everyone of my children except for the accuse. She pushed to have a forensic interview done on my accused child in the attorney said no that he would be exercising his fifth amendment right. I have now since received a letter in the mail that the investigation against my minor child was in validated. However they have opened a case against me and found me of neglect because I have not allowed access to my children.
     
  7. army judge

    army judge Super Moderator

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    I suggest you speak ONLY to your attorney about any of these matters.

    You would be wise to say NOTHING to police or CPS, except "I wish to use my Constitutional Right to remain silent, as advised by my attorney."

    Then you provide contact details for your attorney and say nothing more except to repeat the above sentence if more questions or further commentary are posed.

    I can't stress enough how important remaining silent is to you remaining among the free.
     
  8. Zigner

    Zigner Well-Known Member

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    Let me put it bluntly. SHUT UP about this, unless and until your attorney advises otherwise. That includes verbally, written and electronically.

    Period.
    Yes.
    Even-if.
    Really.

    EDIT: I will say one other thing - your child also needs an attorney.
     
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  9. army judge

    army judge Super Moderator

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    Children who sexually abuse other children are likely to have been sexually abused by an adult relative or close adult friend of the family.

    It would be wise to have the child alleged to have abused another child evaluated, interviewed, and examined by a child psychiatrist, as well as a pediatrician.

    In fact, you might wish to have ALL of your children medically examined and evaluated.

    Hang in there, mom, keep the faith; your children ARE worth it!
     
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  10. Zigner

    Zigner Well-Known Member

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    Or dad, as the case may be
     
  11. zddoodah

    zddoodah Well-Known Member

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    Under PA law, you need consent of all parties to a conversation to record it legally. You can google "pennsylvania recording laws" to get a legal citation. It makes no difference whether the other party on the call is or isn't a "government worker."

    This question makes little sense. As best I can understand it, you're asking if it's legal to form an opinion, which it of course is.

    In the abstract world of all that is hypothetical, yes.

    Depends on the relevant facts and circumstances.

    Depends on who's asking and why.

    He/she and/or your child's attorney (and possibly your child's other parent) are the only persons with whom you should be conferring about your case.
     

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