Do you seriously not recognize the difference between playing in your backyard (supervised) and being a mile away from home (not supervised)??? Because the cops and CPS recognize the difference. |
No one is saying the word of two bystanders means the family is neglectful. What we are saying is that the word of two bystanders merits an investigation. |
According to CPS, "unsubstantiated neglect" means a file is open and that's about it. http://www.washingtonpost.com/local/education/decision-in-free-range-case-does-not-end-debate-about-parenting-and-safety/2015/03/02/5a919454-c04d-11e4-ad5c-3b8ce89f1b89_story.html Tolson said as a general practice, CPS officials in Maryland reach one of three possible findings after neglect investigations: ruled out, unsubstantiated or indicated. An unsubstantiated finding is typically made when CPS has some information supporting a conclusion of child neglect, or when seemingly credible reports are at odds with each other, or when there is insufficient information for a more definitive conclusion, she said. Tolson said a conference involving a CPS supervisor is the first step of the appeals process in cases of unsubstantiated neglect. It can often resolve some issues, she said. |
Do you also think that a finding of not guilty in a murder trial means that the person is incapable of murdering someone after that finding of not guilty? That's pretty bizarre. |
They have to investigate to be sure the kids do not need protection. You cannot be that stupid. This is a waste of tax payer money and CPS time. If these dummies would have just complied with the regulations and the deal they signed and then gone off and lobbied to change the regulations/write a book/write their state rep, etc. Instead people are all up in arms about these little privileged kids not being allowed to swing on the monkey bars by themselved. BOO-FREAKKING - HOO. Get worked up about kids who are really in trouble, kids who DO NEED SUPERVISION/LUNCH/MENTORS. Instead all of this sound and fury about some privileged ass kids not being able to walk to the park. Yep, we have all of our priorities straight. |
Amen. Can we be friends? |
The way it works in MD (and in the law in general) is that there are two sets of applicable law, one narrow and one broad, plus additional regulatory interpretations. First, the MD code generally prohibits child neglect, and defines neglect to include "leaving child unattended or failure to give proper care and attention." MD Code 5-701. CPS further defines "unattended child" under this statute as, inter alia, a "child who has been abandoned" or a child under the age of 8 who has been left in the care of a child younger than 12. It also specifically says that children from ages 8-12 "may not be left to care for children under the age of 8." MD Screening Procedures SSA 95-13. http://www.mccpta.com/parentInvolve_dir/prin_hb_0910/G_Safety_Security_and_Health/03b-MontgomeryCountyDHHSChildWeflareServices.pdf. Second, the MD code gives a specific example of leaving unattended children confined to buildings and cars - this is prohibited unless they have a babysitter older than 13. MD Code 8-101. Since there is no allegation here of the kids being left unattended in a building or car, this section does not apply. The Meitev's allowing their 10 year old to be in charge of their 6 year old would appear to trigger the MD screening procedures, which interpret the MD Code's general prohibition on child neglect. 5-701. So at a minimum, a report of a 6 year old left in the care of a 10 year old (whether in a building or not) is going to trigger a CPS investigation at a minimum. It may not be a per se finding of neglect, because SSA 95-13 does not appear to be an administrative rule with the force of law, but rather an agency interpretation of its own procedures. But it definitely means that every official in this case acted properly and within the governing law & regs to investigate reports of a 6 year old left in the care of a 10 year old. |
not enough evidence is not no evidence |
Thanks for actually writing that all out. Only reasonable legal interpretation. |
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Under the MD Code, there are three possibilities for findings in a child neglect case: "indicated," "ruled out," or "unsubstantiated." "Unsubstantiated" means "there is an insufficient amount of evidence to support a finding of indicated or ruled out." MD Code 5-701(y). So "unsubstantiated" does not mean "no evidence." It means not enough evidence. Presumably, having a finding of unsubstantiated neglect in your file means that if there is another complaint against you, CPS will take a very close look. Which is what they did in this case. |
Well, there is still the question of what kind of regulation SSA 95-13 is. Presumably their fancy pro bono lawyers are going to try to argue that it is somehow unconstitutional or violated MD administrative law. |
And, Meitivs aside, you really think that's okay? If CPS comes after you for something a stranger saw, and does not find neglect but does not close the file, wouldn't you be uncomfortable or angry about that? I would be. Why should we allow CPS to do that? This is our government, and a service that our government provides. Not some scary entity. |
It's actually at least the 3rd time... the family did not get their friends to write about it in the paper until the "2nd" incident. |
They did not find "no neglect" they found some neglect but not enough to charge the parents criminally. |