Guest guest Posted May 5, 2008 Report Share Posted May 5, 2008 Oh my Donna, what a mess this sounds like, I will keep you in my thoughts and prayers that it all works out for you! ConnieS an update on what's been happening > > I can't remember if I wrote about what was going on here. For 10 > years, I worked as a home care provider. My employer does background > checks every two years after the initial background check before hiring. > > Always, my background checks have come back clean. That is, until > this past October. When my supervisor called me at home and said that > the area supervisor needed to talk to me, I thought " this doesn't > sound good " . I hadn't done anything wrong. I had no idea why she > wanted to talk to me. > > When I did see her, as well as my immediate supervisor, I was given a > letter explaining that my employment had to be terminated. Why? My > background check brought up a " substantiated finding " of abuse/neglect > of a minor child. What!!! I would never abuse/neglect my children. I > left the office in tears, I was so upset. When I got home, I called > my union rep. She said that I'm not the first person that this sort > of thing has happened to. She contacted the HR department in the main > office in Kennewick. She got them to change my termination to a > suspension. The original suspension was to last 90 days. At the end > of 90 days, if I could show that I was making progress, it would be > extended for another 90 days. > > Sometime, between 2005 and 2007 Washington state changed how it > obtained background information. It used to be that only the > Washington State Patrol database was the only thing that got checked. > When I called WSP, they did not have me in their database. Simple > reason: I've never been arrested or fingerprinted. > > The information that was on my background check came from the > Department of Social and Health Services, Division of Family and > Children Services. The woman I spoke with said I should have been > sent a certified letter. Apparently, a complaint was filed against me > in January of 2002. An investigation was done and a certified letter > was supposedly sent to me in April of 2002 with the results of the > investigation. > > > This may be how it works in other states. In Washington state, if a > report of child neglect or abuse is investigated, a certified letter > is supposed to be sent to give the accused a chance to explain the > finding. If the accused ignores the letter or doesn't respond within > a specified time, then the finding is determined to be substantiated. > > In my case, the letter was sent. It had my correct address on it, but > I never got the letter until I had requested my file last fall. Guess > why I never got the letter? The address on the envelopes were not > mine. My address is 710, one of the addresses was 716. Another > address was a Wenatchee, WA address, probably my ex-husband's address. > > When I had reviewed my file, I had to request a review by the current > DFCS director. She wrote back about a month later and said that she > was going to leave it as it was. The substantiated finding was to > remain in my file. > > So, I had to request a hearing before an administrative law judge. My > pre-hearing phone conference with the alj and the prosecuting attorney > representing DSHS was held early in March. At that time, I told the > alj, that I had worked 10 years for the same company. I told him that > my rights to due process had been violated. He asked the attorney > representing the state if this was true. She said that she didn't > know the answer to that as she could only go by what was in front of > her. Anyway, he set a hearing date for May 15. But, that date would > be beyond the second 90 day period of suspension. So, I had to > contact my union rep again. She was able to get one more 90 day > suspension added on. d > > Then I started gathering evidence to support me. I had the envelopes > and mailing labels with the incorrect addresses photo-copied, I also > got letters from the pediatric clinic and from my youngest son's > teacher. I took pictures of the kitchen and bathroom areas. Also, I > wrote a letter on my own behalf to support my claim that I do not > abuse or neglect my children. I sent a packet to the alj with > everthing labled, exhibits A-E. I sent an identical packet to the > attorney. > > The good news is that, the attorney representing the state has made a > motion to change the investigation from FOUNDED to UNFOUNDED. Also, > the state moves for the dismissal of the case and to strike the > hearing date currently scheduled for May 15. > > I look at this as good news. I took the document to my employer and > had a copy made. But, they aren't quite ready to give me my job back. > They said that this is just a motion to have something done. What I > need is something that shows, it's been done. This has been such a > stressful time. It looks as though, it will be over soon without a > hearing. > > Donna in WA > > > > ------------------------------------ > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 5, 2008 Report Share Posted May 5, 2008 Oh my Donna, what a mess this sounds like, I will keep you in my thoughts and prayers that it all works out for you! ConnieS an update on what's been happening > > I can't remember if I wrote about what was going on here. For 10 > years, I worked as a home care provider. My employer does background > checks every two years after the initial background check before hiring. > > Always, my background checks have come back clean. That is, until > this past October. When my supervisor called me at home and said that > the area supervisor needed to talk to me, I thought " this doesn't > sound good " . I hadn't done anything wrong. I had no idea why she > wanted to talk to me. > > When I did see her, as well as my immediate supervisor, I was given a > letter explaining that my employment had to be terminated. Why? My > background check brought up a " substantiated finding " of abuse/neglect > of a minor child. What!!! I would never abuse/neglect my children. I > left the office in tears, I was so upset. When I got home, I called > my union rep. She said that I'm not the first person that this sort > of thing has happened to. She contacted the HR department in the main > office in Kennewick. She got them to change my termination to a > suspension. The original suspension was to last 90 days. At the end > of 90 days, if I could show that I was making progress, it would be > extended for another 90 days. > > Sometime, between 2005 and 2007 Washington state changed how it > obtained background information. It used to be that only the > Washington State Patrol database was the only thing that got checked. > When I called WSP, they did not have me in their database. Simple > reason: I've never been arrested or fingerprinted. > > The information that was on my background check came from the > Department of Social and Health Services, Division of Family and > Children Services. The woman I spoke with said I should have been > sent a certified letter. Apparently, a complaint was filed against me > in January of 2002. An investigation was done and a certified letter > was supposedly sent to me in April of 2002 with the results of the > investigation. > > > This may be how it works in other states. In Washington state, if a > report of child neglect or abuse is investigated, a certified letter > is supposed to be sent to give the accused a chance to explain the > finding. If the accused ignores the letter or doesn't respond within > a specified time, then the finding is determined to be substantiated. > > In my case, the letter was sent. It had my correct address on it, but > I never got the letter until I had requested my file last fall. Guess > why I never got the letter? The address on the envelopes were not > mine. My address is 710, one of the addresses was 716. Another > address was a Wenatchee, WA address, probably my ex-husband's address. > > When I had reviewed my file, I had to request a review by the current > DFCS director. She wrote back about a month later and said that she > was going to leave it as it was. The substantiated finding was to > remain in my file. > > So, I had to request a hearing before an administrative law judge. My > pre-hearing phone conference with the alj and the prosecuting attorney > representing DSHS was held early in March. At that time, I told the > alj, that I had worked 10 years for the same company. I told him that > my rights to due process had been violated. He asked the attorney > representing the state if this was true. She said that she didn't > know the answer to that as she could only go by what was in front of > her. Anyway, he set a hearing date for May 15. But, that date would > be beyond the second 90 day period of suspension. So, I had to > contact my union rep again. She was able to get one more 90 day > suspension added on. d > > Then I started gathering evidence to support me. I had the envelopes > and mailing labels with the incorrect addresses photo-copied, I also > got letters from the pediatric clinic and from my youngest son's > teacher. I took pictures of the kitchen and bathroom areas. Also, I > wrote a letter on my own behalf to support my claim that I do not > abuse or neglect my children. I sent a packet to the alj with > everthing labled, exhibits A-E. I sent an identical packet to the > attorney. > > The good news is that, the attorney representing the state has made a > motion to change the investigation from FOUNDED to UNFOUNDED. Also, > the state moves for the dismissal of the case and to strike the > hearing date currently scheduled for May 15. > > I look at this as good news. I took the document to my employer and > had a copy made. But, they aren't quite ready to give me my job back. > They said that this is just a motion to have something done. What I > need is something that shows, it's been done. This has been such a > stressful time. It looks as though, it will be over soon without a > hearing. > > Donna in WA > > > > ------------------------------------ > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 5, 2008 Report Share Posted May 5, 2008 Oh my Donna, what a mess this sounds like, I will keep you in my thoughts and prayers that it all works out for you! ConnieS an update on what's been happening > > I can't remember if I wrote about what was going on here. For 10 > years, I worked as a home care provider. My employer does background > checks every two years after the initial background check before hiring. > > Always, my background checks have come back clean. That is, until > this past October. When my supervisor called me at home and said that > the area supervisor needed to talk to me, I thought " this doesn't > sound good " . I hadn't done anything wrong. I had no idea why she > wanted to talk to me. > > When I did see her, as well as my immediate supervisor, I was given a > letter explaining that my employment had to be terminated. Why? My > background check brought up a " substantiated finding " of abuse/neglect > of a minor child. What!!! I would never abuse/neglect my children. I > left the office in tears, I was so upset. When I got home, I called > my union rep. She said that I'm not the first person that this sort > of thing has happened to. She contacted the HR department in the main > office in Kennewick. She got them to change my termination to a > suspension. The original suspension was to last 90 days. At the end > of 90 days, if I could show that I was making progress, it would be > extended for another 90 days. > > Sometime, between 2005 and 2007 Washington state changed how it > obtained background information. It used to be that only the > Washington State Patrol database was the only thing that got checked. > When I called WSP, they did not have me in their database. Simple > reason: I've never been arrested or fingerprinted. > > The information that was on my background check came from the > Department of Social and Health Services, Division of Family and > Children Services. The woman I spoke with said I should have been > sent a certified letter. Apparently, a complaint was filed against me > in January of 2002. An investigation was done and a certified letter > was supposedly sent to me in April of 2002 with the results of the > investigation. > > > This may be how it works in other states. In Washington state, if a > report of child neglect or abuse is investigated, a certified letter > is supposed to be sent to give the accused a chance to explain the > finding. If the accused ignores the letter or doesn't respond within > a specified time, then the finding is determined to be substantiated. > > In my case, the letter was sent. It had my correct address on it, but > I never got the letter until I had requested my file last fall. Guess > why I never got the letter? The address on the envelopes were not > mine. My address is 710, one of the addresses was 716. Another > address was a Wenatchee, WA address, probably my ex-husband's address. > > When I had reviewed my file, I had to request a review by the current > DFCS director. She wrote back about a month later and said that she > was going to leave it as it was. The substantiated finding was to > remain in my file. > > So, I had to request a hearing before an administrative law judge. My > pre-hearing phone conference with the alj and the prosecuting attorney > representing DSHS was held early in March. At that time, I told the > alj, that I had worked 10 years for the same company. I told him that > my rights to due process had been violated. He asked the attorney > representing the state if this was true. She said that she didn't > know the answer to that as she could only go by what was in front of > her. Anyway, he set a hearing date for May 15. But, that date would > be beyond the second 90 day period of suspension. So, I had to > contact my union rep again. She was able to get one more 90 day > suspension added on. d > > Then I started gathering evidence to support me. I had the envelopes > and mailing labels with the incorrect addresses photo-copied, I also > got letters from the pediatric clinic and from my youngest son's > teacher. I took pictures of the kitchen and bathroom areas. Also, I > wrote a letter on my own behalf to support my claim that I do not > abuse or neglect my children. I sent a packet to the alj with > everthing labled, exhibits A-E. I sent an identical packet to the > attorney. > > The good news is that, the attorney representing the state has made a > motion to change the investigation from FOUNDED to UNFOUNDED. Also, > the state moves for the dismissal of the case and to strike the > hearing date currently scheduled for May 15. > > I look at this as good news. I took the document to my employer and > had a copy made. But, they aren't quite ready to give me my job back. > They said that this is just a motion to have something done. What I > need is something that shows, it's been done. This has been such a > stressful time. It looks as though, it will be over soon without a > hearing. > > Donna in WA > > > > ------------------------------------ > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 6, 2008 Report Share Posted May 6, 2008 OMGoodness, Donna. Reading this, I do remember when it came up, but didn't know you'd found where the problem came from or any of the rest of the nightmare you've been through. This is awful. How in the heck can they "substantiate" in that way?? A letter sent and not replied to is their "method"? Did they even contact you or come see your or the child/ren when the report was made? Is it just a letter sent? This whole this is goofy as heck. And for the director to refuse to review? Aaaugh. It all sounds like some very bad Monday Night Movie. lol <~~ That laugh will be bigger and more confident when you get your papers showing it's all really over. lol I hope you get the paperwork soon. What a mess this has been for you. How are you holding up through the stress? HUGS, Challis an update on what's been happening I can't remember if I wrote about what was going on here. For 10years, I worked as a home care provider. My employer does backgroundchecks every two years after the initial background check before hiring. Always, my background checks have come back clean. That is, untilthis past October. When my supervisor called me at home and said thatthe area supervisor needed to talk to me, I thought "this doesn'tsound good". I hadn't done anything wrong. I had no idea why shewanted to talk to me. When I did see her, as well as my immediate supervisor, I was given aletter explaining that my employment had to be terminated. Why? Mybackground check brought up a "substantiated finding" of abuse/neglectof a minor child. What!!! I would never abuse/neglect my children. Ileft the office in tears, I was so upset. When I got home, I calledmy union rep. She said that I'm not the first person that this sortof thing has happened to. She contacted the HR department in the mainoffice in Kennewick. She got them to change my termination to asuspension. The original suspension was to last 90 days. At the endof 90 days, if I could show that I was making progress, it would beextended for another 90 days.Sometime, between 2005 and 2007 Washington state changed how itobtained background information. It used to be that only theWashington State Patrol database was the only thing that got checked.When I called WSP, they did not have me in their database. Simplereason: I've never been arrested or fingerprinted.The information that was on my background check came from theDepartment of Social and Health Services, Division of Family andChildren Services. The woman I spoke with said I should have beensent a certified letter. Apparently, a complaint was filed against mein January of 2002. An investigation was done and a certified letterwas supposedly sent to me in April of 2002 with the results of theinvestigation. This may be how it works in other states. In Washington state, if areport of child neglect or abuse is investigated, a certified letteris supposed to be sent to give the accused a chance to explain thefinding. If the accused ignores the letter or doesn't respond withina specified time, then the finding is determined to be substantiated.In my case, the letter was sent. It had my correct address on it, butI never got the letter until I had requested my file last fall. Guesswhy I never got the letter? The address on the envelopes were notmine. My address is 710, one of the addresses was 716. Anotheraddress was a Wenatchee, WA address, probably my ex-husband's address.When I had reviewed my file, I had to request a review by the currentDFCS director. She wrote back about a month later and said that she was going to leave it as it was. The substantiated finding was toremain in my file.So, I had to request a hearing before an administrative law judge. Mypre-hearing phone conference with the alj and the prosecuting attorneyrepresenting DSHS was held early in March. At that time, I told thealj, that I had worked 10 years for the same company. I told him thatmy rights to due process had been violated. He asked the attorneyrepresenting the state if this was true. She said that she didn'tknow the answer to that as she could only go by what was in front ofher. Anyway, he set a hearing date for May 15. But, that date wouldbe beyond the second 90 day period of suspension. So, I had tocontact my union rep again. She was able to get one more 90 daysuspension added on. dThen I started gathering evidence to support me. I had the envelopesand mailing labels with the incorrect addresses photo-copied, I alsogot letters from the pediatric clinic and from my youngest son'steacher. I took pictures of the kitchen and bathroom areas. Also, Iwrote a letter on my own behalf to support my claim that I do notabuse or neglect my children. I sent a packet to the alj witheverthing labled, exhibits A-E. I sent an identical packet to theattorney.The good news is that, the attorney representing the state has made amotion to change the investigation from FOUNDED to UNFOUNDED. Also,the state moves for the dismissal of the case and to strike thehearing date currently scheduled for May 15. I look at this as good news. I took the document to my employer andhad a copy made. But, they aren't quite ready to give me my job back.They said that this is just a motion to have something done. What Ineed is something that shows, it's been done. This has been such astressful time. It looks as though, it will be over soon without ahearing. Donna in WA Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Quote Link to comment Share on other sites More sharing options...
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