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Old 10-12-2013, 06:12 PM   #1
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Default False petition

Just what does "was not indicated" mean.

The dep DA claims that she had evidence and/or a witness of abuse but the police report states that the hotline call did not indicate abuse, the child welfare workers interview with the kids did not indicate abuse and the forensic exam of the kids did not indicate abuse.

So how did she have evidence of abuse?

I have complained to the state bar that she lied to me, lied to the court, and is now lying to them. So far the bar is making excuses for her.

The hot line narrative uses the phrase "revealed to the mother" and was not from a mandatory reporter. Under Oregon law you can not use the child abuse system to change custody, modify parenting time, or get out of child support. So the state is helping the mother violate the law.

As the state bar is not doing it's job I am taking it to the state supreme court.

I am also going to email local media about this.
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Old 10-12-2013, 06:20 PM   #2
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Default Re: False petition

Do you have a real and excellent attorney? I cannot recall.... And media was what I was thinking on your other post, regarding the lack of judgement by the foster parent.
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Old 10-13-2013, 12:43 AM   #3
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Default Re: False petition

Okay. So there was an allegation of abuse. DA might have a witness that was not interviewed by Child Welfare. It happens.

What do you want the bar to do? What they can do is very, very limited. They can sanction the DA, but only if there was something that was blatant and false. So I am not sure what you want out of it.

What are you appealing to the Supreme Court? What case? What decision? Typically only terminations can go up on appeal.

I am really confused.

As a licensed attorney of the Oregon State Bar, they take this stuff pretty seriously. I know. I read the discipline decisions all the time, and have had colleagues investigated.
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Old 10-13-2013, 02:11 AM   #4
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Default Re: False petition

If the DA had a witness why didn't the police know about it. Other then claiming to have a witness or evidence she has not provided it to the bar. The petition claimed that I had a history of the abuse that I did not nor do I now have.

The hotline narrative makes it clear that the mother was providing the info. I violation of Oregon Law.

The bar has been making excuses for the dep DA. They have not asked for any documents from her and as the first complaint was for lying to me they are not looking at the documents I have sent them and are taking her word.

I am going to ask the Supreme Court to look into how the state bar has handled these several complaints. One of them they ignored even after I sent documents to prove my point. The executive director is behaving in a very unprofessional manner also.

I have a public pretender who I want to file a complaint against but at this time I have no confidence in the state bar.

I think part of the problem is that it is a dep DA that I am complaining about and it will be a media event and a political problem.

The DHS case worker said that this is the way the system works, swear the petition then investigate. So at the time of the first court hearing they just hope they get evidence. In this case they had none and it took the police about 2 1/2 months to do their report. I was interviewed before the first court hearing so they had reason to know they had nothing going in.
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Old 10-13-2013, 02:16 PM   #5
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Default Re: False petition

Remind me what county you are dealing with. Some are better than others.

The caseworker is right in some cases. Depends on the allegations. If there is an arrest, there is a removal and petition filed within 72 hours.

I have a client that was accused of s e x abuse of his child. They investigated the matter. He even refused to speak with the investigators as they were twisting everything he said. No petition was ever filed. However, there was one parent that was capable of protective capacity. If I remember correctly, your ex (the mother of the kids) has been determined to be unable to protect, so she is not an option.

If the agency does determine there is an immediate threat of harm, they will remove and file the shelter petition and hope they can prove the allegations. Sometimes they can, sometimes they can't.

I am assuming the issue you have is with the DA in the juvenile department who is bringing the petition to the court.

Have you tried calling the GAO - Governor's Advocacy Office?
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