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DHS practices questioned

Discussion in 'Other Family Law Matters' started by glb_, Feb 7, 2006.

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  1. glb_

    glb_ Law Topic Starter New Member

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    Our state DHS investigates ALL allegations of abuse (ANY reports).
    If an investigation comes up 'invalid' or 'not confirmed' then services MAY be recommended, but court action and referral to police does not occur.
    If an investigation comes up 'confirmed', then court action &/or police referral may occur.
    Even if the investigation shows a result of 'invalid' or 'not confirmed', the falsely alleged person's name is registered with a statewide 'Central Abuse Registry' indefinitely!
    This is not like a 'sex offender' registry, where a person is found to be guilty, convicted and serves a sentence. This is a record that a person was reported to be an offender, EVEN THOUGH NO COURT OR POLICE ACTION OCCURED!
    I was falsely alleged to have sexually abused my own son, by my Ex wife, to gain custodial leverage in a divorce proceding. The excrutiating DHS investigation lasted for months, the doctors all confirmed that no abuse occured, the child shrink confirmed no abuse had occured, the police department found no grounds to file any charges. Still, DHS investigated, recommended services for me to undergo, and has me on a permanent record. All this is legal in Oklahoma, justified by 'protect the children' and 'better to err on the side of caution'.
    Is this Constitutional? I believe my right to Due Process was interferred with, since DHS treated me as guilty and they justified supervised visitation. Does my name on a permanent 'Central Abuse Registry' violate any Right to Privacy or ANYTHING?
    No one at the State level wants to touch this statute, for fear that they may be seen as sympathetic to offenders and not concerned with children's protection. It is ridiculous to me that someone who is COMPLETELY INNOCENT & NEVER CHARGED would be placed into a permanent data base, labeled as an abuser.
    Please help.
     

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