custody

I have an indicated CPS report what do I do now ?!?!?! part 2

The first thing you need to do is get a copy of your records.  To do so write a letter to SCR and ask them if they have any records about you.  This letter should also include a request that SCR seal or expunge the records, and request a hearing  if OCFS denies that request.  

You will also need to get  copy of the ACS case file as it pertains to you.  I have found that one letter is sufficient to get what you want.  It is also suggested that the letters are sent return receipt so that you create a paper trail.  

Further, at this time it is also a good idea to get any medical records that pertain to you, the person indicated in the CPS report, that pertain to any treatment for dug, or alcohol abuse or mental health treatment that you are currently undergoing.  It might take some time to get these so the sooner the better.  They may be pertinent at your hearing.  

 

OCFS SAYS YOUR REQUEST IS TOO LATE.

A person looking to clear their names must begin the process within ninety(90) days of receiving the letter stating that their names are in the SCR.

There are many reason why you might be late.  Perhaps the letter came after the 90 days had expired, or perhaps you never got the letter in the first place.  

If you receive a letter from the SCR telling you that your request is too late you must write to OCFS and explain those facts.  

YOU RECEIVED YOUR RECORDS

    AGAIN YOU SHOULD CONTACT AN ATTORNEY IF YOU HAVEN'T ALREADY!

    The most important takeaway from this is not just that you have your records but also you now have a case ID number.  That number is your case identifier, all correspondence from that point forward must include that case id number.  

    THE LETTER SAYS THE REPORT IS UNFOUNDED

    Congratulations, make copies, you have an official letter pending a review saying that there are no indicated reports against you.  

    THE LETTER SAYS THERE IS AN INDICATED OR SUBSTANTIATED REPORT     AGAINST YOU

   You really should get a lawyer if you plan on pursuing this further. 

   As previously stated, your name is now on the SCR until the youngest child on the report turns 28.  The information is viewable by prosecutors, Judges, law enforcement agencies, and child welfare agencies.