Can CPS use a juvenile record against an adult?

Question

My sister and b.i.l. have had their two boys wrongfully taken away by CPS. One of the chief complaints in that the children are at risk of Sexual abuse because my b.i.l. 'flashed' someone when he was 15 (and it went to court). I've seen the transcripts and that is what really happened. He is now 29 years old and the incident happened almost half his life ago and was on his juvenile record, which I thought, as a rule, was to be sealed. Can CPS truly charge my b.i.l. with something they think he only 'might' do, basing the accusation on a teenage prank that was dealt with a long time ago and supposed to be sealed? This whole situation is getting ridiculous....oh, and by the way, thanks for reading and helping so much. So many of you have been a blessing to me. :)

Answer 1

You mentioned this was one of the chief complaints. I assume there are other chief complaints. Additionally, you didn't mention which state you are talking about. There are different laws in each state.

If the teenage prank were the only allegation, I would take it to a contested hearing quickly and, if the judge still took jurisdiction over the children, I'd appeal it. You cannot take a person's children away or even get CPS involved for something that occurred once, didn't involve the children, and happened over a decade ago. I would argue that this is totally irrelevant and probably make some evidendiary arguments.

In California, at least, Juvenile records aren't automatically sealed. The juvenile has to take proactive steps to seal the record.

Here, something happened other than this old juvenile prank being brought up. The CPS workers are just playing all their cards to get jurisdiction over the child. If the judge doesn't grant jurisdiction, your sister and her husband can tell CPS to go take a flying leap. As such, the CPS workers will try all they can and will throw in everything but the kitchen sink.

Answer 2

Let me tell you something about CPS dear, they'll do ANYTHING to get their grimy paws on kids, because they get money from it. All they had to do was hear about that incident from someone else. My sister had all 4 of her kids taken from her and placed in foster care for almost a year, just because she was at THREAT for being homeless. She wasn't even homeless when they took the kids from her.Now, I've seen them NOT take action for much worse things, & I've seen them take action for much LESS. I have no idea how they deicide what gets done when. But I have an idea, after dealing with CPS with a friend of mine as well, that it all has to do with how many people are calling them about the case & giving them info. If they get one complaint, they don't seem to persue it. But if they get repeated calls about someone, no matter what the problem is, they seem to take action! SO if it's for something so miniscule, I'll bet you that someone's been talking to them / giving them info that you don't know about.