Thursday, October 11, 2007

Research Request

Our caseworker this morning said that DCFS can't use the polygraph results as part of their investigation/decision-making. But I know they can use our refusal to take one against us. If the police can use a polygraph test as reason to drop their investigation, is it really true that DCFS can't? A doctor earlier this week mentioned that she's had parents take a polygraph for DCFS purposes. We're talking to lawyers, etc, but I was wondering if someone could do some quick research on that. As always, your comments, thoughts, prayers, etc. are so much appreciated.

8 comments:

  1. I searched on DCFS's cite and found this:

    4.6.5.2 Alleged Perpetrator in Police Custody
    Do not conduct an interview with an alleged perpetrator who is charged with an offense, in police custody or is incarcerated without having a police officer read the Miranda Warning immediately prior to the interview.

    CPSWs, supervisors and managers are not to use polygraph results in determining whether to indicate an alleged perpetrator. Polygraphs are not reliable and the results are inadmissible in all legal proceedings. Department staff are not to request or seek polygraph results nor are they to consider any polygraph results which they may receive unsolicited.

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  2. Not what I wanted to hear (then again, that is the theme of the last 8 days), but thank you very much for the research.

    To everyone: we're still talking, calling, and trying to push back and show this is unacceptable without antagonizing anyone yet. (Key word is "yet", not until the final determination is made- after that we can raise hell.) It does seem like everyone is back peddling right now. The CPS doctor now claims she never told us he could be taken (which is complete and total bullshit). We're still waiting to hear anything remote final.

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  3. Maybe you should start carrying around a little digital voice recorder with you (to catch statements of the doctors and case workers)? It's a little extreme, but you might need the evidence eventually.

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  5. I think Becky answered your DCFS question, but here's a case I found that might be helpful if they do put him in foster care: In re Austin W.
    214 Ill.2d 31, 823 N.E.2d 572
    Ill.,2005.
    Basically DCFS placed the kid in foster care and the grandparents sued for custody based on DCFS overstepping its bounds. Court said it wasn't necessary to even consider DCFS's issues because the best interests of the child would be served better with a relative than with the state so they sidestepped DCFS and modified the order. DCFS appealed and lost.

    Also Lipscomb v. Sisters of St. Francis Health Services, Inc.
    343 Ill.App.3d 1036, 799 N.E.2d 293
    Ill.App. 1 Dist.,2003.

    Mother sued after hospital refused to let her daughter leave based on suspected child sexual abuse even after it was proven that a laboratory error was responsible for the charges.

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  6. It is such an awful yo-yo you're tied to right now, but without even the predictability of when you'll be up and when down.

    Keep hanging in there. You and JP are being strong not just for yourselves, but for Landon--and you're doing a great job.

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  7. Oh my goodness LL! :( I can't believe all of this... I was hoping you'd be home safely with Landon by now!

    Just know that my family and I (I told my mom and sister-- they can't believe it!) our prayers are with you and your family...

    Hang in there... things have to turn for the better! *hugs* If there is anything I can do at all please let me know!

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  8. I am also just outraged by all of this. I can't believe that it is still going on and that it hasn't been cleared up in all this time. Please know how much all of us out here in the blogosphere are rooting for you every single minute.

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