Making a really long story short. Husband and I have a 2 month old son who is an extremly happy baby, weight on target, no signs of neglect or abuse. Developementally right on target. Last Wens my husband stood up after bouncing our son on his knee, went to put the baby into the carseat and the baby slipped out of his hands into the carseat. He fell a distance of about 2 1/2 foot and his arm hit the handle of the seat. Husband didnt tell me up front that he had dropped baby but noticed our son's arm didnt seem right. We took him to the ER within 20 minutes of the incident and found out that his arm was broken. CPS was called, and a very intimidating indivudual came in and started accusing us of smaking the baby across the wall or some other form of "blunt force trauma". ER doctors report says that break was obviously caused by accident. State police said it was apparent no criminal act had occured and closed the case. CPS however filed a motion to remove both my 2 month old and my 7 year old from the home, stating that they were in "iminent danger" in the household. We were ordered to bring our son to a CT scan, which we did, and that came back negative for any head trauma. We were told that if we agreed to the CT scan, they would drop trying to take my children away, however when we got back to court, they continued with their motion to take the children from my home. IN order to get CPS to drop the motion, they said my husband and I would have to plead "no contest" in front of the judge. My understanding was that I was pleading that I admitted that the child could not have broken his own arm by himself, which I do not disagree with since my husband dropping him was the cause of the break (proven by medical evidence). I also agreed that CPS could come into our home at any time they wanted until the disposition hearing Jan 4th, as well as 28 days of intense home therapy with a crisis service here in Michigan. Crisis services have come out ot our home 5 times now and the only faults they can find in our home is 1.) no fire estinguisher 2.) no first aid kit and 3.) we do not leave child with a sitter and have couple time alone without the baby . Crisis services assure us that we have a good case and that they forsee everything ending following the disposition on the 4th.
However, I am not confused as to the "no Contest" plea. Originally I believed I was saying we were not guilty of abusing our son, only that my husband accidentally dropping him lead to the injury. Im now reading online that a "no contest" plea is as bad as being found guilty and that I would no longer be able to have certian rights. I work in the medical field around children daily and having a child abuse badge around my neck could cause me to lose my job. My husband is also about to join the military and now we are worried that this might have some affect on that. My lawyer is the one who told us to plead the "no contest" and he failed to tell us exactly what we were doing, only that it was "in our best intrest". I feel like I've been snowed. Any advice would be helpful.
2006-12-27
15:42:10
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14 answers
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asked by
babyvett
3