How do I deal with DCF and false allegations? How do I get juvenile records?

[Jmall]

Jurisdiction

Vermont

In 2016, the Department of Children and families filed against me due to a false report from a former roommate. The report was vile and blatantly untrue.however DCF proceeded with it.

The judge saw how absurd the claims were, found me "not guilty," threw them out of court, and said that the State was wrong for pursuing this in the first place.

Now, 2019, DCF is filing a CHINS (Children In Need of care or Supervision) against me.

In the "history" section is full of blatant falsehoods. It says that I was substantiated in 2016 for child abuse (even though a court found me not guilty, and threw it out). It says that my child was at one point placed in State custody (simply not true).

There's court records of the case, and it being thrown out... but it is in juvenile court, so the records are sealed. How do I prove my innocence in old cases, when I can't get the records?

 

[Zigner]

In 2016, the Department of Children and families filed against me due to a false report from a former roommate. The report was vile and blatantly untrue.however DCF proceeded with it.

The judge saw how absurd the claims were, found me "not guilty," threw them out of court, and said that the State was wrong for pursuing this in the first place.

Now, 2019, DCF is filing a CHINS (Children In Need of care or Supervision) against me.

In the "history" section is full of blatant falsehoods. It says that I was substantiated in 2016 for child abuse (even though a court found me not guilty, and threw it out). It says that my child was at one point placed in State custody (simply not true).

There's court records of the case, and it being thrown out... but it is in juvenile court, so the records are sealed. How do I prove my innocence in old cases, when I can't get the records?

Being found not guilty doesn't mean the report wasn't found to be substantiated, it just means that the state was unable to prove you guilty beyond all reasonable doubt.

You will need an attorney.

 

[Jmall]

Unfortunately, I am on my own in this. I cannot afford an attorney, nor do I qualify for assistance.

The judge is on record in 2016 saying that the case brought by DCF was absurd, and that they were wrong for bringing it to court in the first place.

How do I get those records? It is a sealed juvenile case...

 

[army judge]

How do I prove my innocence in old cases, when I can't get the records?

In the United States of America you don't have to prove your innocence, the state (government) MUST prove your guilt.

Until a jury declares you guilty, or unless you plead guilty, you are cloaked by our amazing constitution in the presumption of innocence.

The presumption of innocence is not just a legal concept.
In commonplace terms, it rests on that generosity of spirit which assumes the best, not the worst, of the stranger.

I suggest you plead NOT guilty, if the matter is before the court, and request a public defender be appointed to represent and protect your freedom.

I also suggest you speak about this ONLY with your lawyer, once one has been appointed to represent you.

While you wait until an attorney has been appointed to assist you, I suggest you invoke your right to remain silent.

You do yourself great harm by speaking about this to anyone but your lawyer!

 

[Zigner]

In the United States of America you don't have to prove your innocence, the state (government) MUST prove your guilt.

This is true, however, a finding of "not guilty" is not the same as a finding of innocence. (I know that you know this, but others don't always realize that there is a difference.)

 

[army judge]

This is true, however, a finding of "not guilty" is not the same as a finding of innocence.

A criminal trial in the USA can ONLY culminate with one of four findings/endings:

Guilty, Not Guilty, a Hung Jury, or a Mistrial.

Scotland criminal trials, for contrast, can end with a not proven verdict.
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").

A criminal defendant is unable to be declared innocent under our system of jurisprudence, but starts the trial with what has been called the "presumption of innocence" or "cloaked in the presumption of innocence".

 

[Zigner]

A criminal trial in the USA can ONLY culminate with one of four findings/endings:

Guilty, Not Guilty, a Hung Jury, or a Mistrial.

Ok

A criminal defendant is unable to be declared innocent under our system of jurisprudence.

As worded, that is correct, however, in some jurisdictions one may petition for a judicial finding of factual innocence.

In any case, what I said is correct in that, regardless of the court finding the OP "not guilty in the prior matter, the fact remains that the OP has a report with a finding of "substantiated" in her past. The courts ruling does not make that finding go away, nor does it make it incorrect. DCF is free to present it as evidence and the OP is free to counter it by showing the court's finding.