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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In 1994 i was accused of hitting my 16 year old daughter.She

Customer Question

In 1994 i was accused of hitting my 16 year old daughter.She made a report and was taken into protective custody by the DSS. I was brought into court and she was returned into our household. The family voluntarily entered family counseling and completed it. An Order for Dismissal was granted and no further events have taken place. My Daughter was experimenting with drugs at the time of the incident and in a desperate attempt to stop her from her experimentation with drugs i slapped her face. I recently learned I was listed on the central registry for child abuse and neglect as a sex offender. What steps do i need to take to gain relief from this false malicious listing? I have not committed any act of this nature against anyone.What can I do? I do not know the legal procedures to take to correct this.
Submitted: 4 years ago.
Category: Family Law
Expert:  Joseph replied 4 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • 1. How did you discover that you were "listed on the central registry for child abuse and neglect as a sex offender?
  • 2. Have you ever been convicted of any crimes?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Expert:  Joseph replied 4 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 4 years ago.
I have no criminal record.I have never been arrested. I found out about my listing on 12 may 2010 and sent certified letter sign reciept to scdss on 13 may 2010 for all documents,reports,names of reporters etc. No response after almost 2 months. I have filed suite in family court dated 09 july 2010 to compel scdss and asked for judicial review . Since have gotten from scdss court documents about hearings in 1994. I have no copy of current listing with C.R.C.A.@N no reports or names of reporters.I need these to review for possible for bad faith reporting.Statue of limitations started 13 may 2010.What paperwork do i need to file to get these documents?What action must i take for possible expungement of this record?Should i refile for Judicial Review or file a motion to be heard?I have a grand daughter 9 mo old that was placed in foster care after her mother died and at this hearing my wife was told of this listing and the alleged offence and was denied custody.I don't want my grand daughter to remain in state care.
Expert:  Joseph replied 4 years ago.

Thank you for all the additional information. However, it doesn't answer the crucial question of how you became aware of this situation. This is important because, as far as I can tell, you shouldn't be on the registry in the first place. With that in mind, I'm wondering if there is some misunderstanding taking place at some level.

 

So, please let me know HOW you became aware of the problem.

 

Thank you.

Customer: replied 4 years ago.
I was told by my wife on 12 may 2010.She had learned that i was on the centeral registry in late feb 2010 but never said anything to me about it until may when i told her i was going to seek custody of our grand daughter to keep her from being kept in foster care.The scdss has never informed me nor has any documents been given me as of date for me to verify my listing and status as a sex offender on the C.R.C.A.@N. My wife was told of this listing by a state appointed attorney at my grand daughters 10 day custody hearing. I was not aware of or present at this hearing but i was disimminated at it. She, my wife feared telling me because she felt it would emotionally devistate me again.She had wittnessed my emotional devistation in 1994 and said she couldn't see this happen again. But it has devistated me. As of now no official documents have been given me to verify this listing, only word of mouth statements of this listing from a state appointed attorney to my wife.
Customer: replied 4 years ago.
I was told May 12, 2010 by my wife. She was told of this listing by a state appointed in late february or 1st march 2010 at a custody hearing that she and my son attended after the death of my sons commom law wife.My son has a criminal record for domestic violence and my wife asked his court appointed attorney if she could apply to the court for custody if my son was denied.That was when she was told of my listing the C.R.C.A.@N. at this time. She did not tell me of these accusations by the attorney until 12 may 2010 after i mentioned my intent to get our grand daughter out of foster care.I was told of the childs placement in foster care by our son who had went to a custody hearing in May 2010 he attended this hearing alone and showed a court order he received placing the child in extended foster care.I then aired my intent to get custody, and my wife told me of the listing. At the 10 day hearing in feb. or 1st mar. the state appointed attorney did not show any documents to verify my listing to my wife only word of mouth.
Customer: replied 4 years ago.
Relist: No answer yet.

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Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.