Many people living in Tennessee are not familiar with the TN child abuse registry. When The Department of Children's Services "DCS" receives abuse reports, they have to either indicate or fail to indicate the report in order to close the case. An indication only requires that DCS finds probable cause that the abuse or neglect occurred, which is a very low standard of proof.
When DCS indicates an adult for any form of child abuse or neglect, that person's name gets put on the TN child abuse registry. Many employers search the registry as part of normal background checks in the hiring process.
There is a specific process for appealing an indication, so if you are indicated, you should hire an attorney to help you appeal immediately. It is very difficult to overturn an indication, but it can be done. Make DCS prove their case in front of the administrative law judge, then to your local chancery court.
I recently represented a principal in North Tennessee who had many years of experience in the field of education. The principal was one of the kindest and good hearted people I have ever met. He was very gifted with computers and had located me through some kind of intensive online search.
When he first called me, I explained that due to the fact that I lived so far away, my charges would be higher. I then researched some of the local media coverage, and what I saw there caused me further concern. I am a Board Certified Child Welfare Attorney and I have fought for over 15 years to help children be safe.
Together, we worked hard to prepare the case--there was an insane amount of evidence in the record: video footage, transcripts, DCS records, to name a few. I also had to really learn the law, including administrative caselaw.
I got to court a day early to meet the clerks and get the lay of the land. I tried out the VCR to make sure it would work--a very important part of my argument involved the video evidence from the school.
I won the case, and DCS dismissed the indication. It was one of the greatest things I have ever accomplished, almost totally on my own. The case also consumed my life for many months.
When DCS indicates an adult for any form of child abuse or neglect, that person's name gets put on the TN child abuse registry. Many employers search the registry as part of normal background checks in the hiring process.
There is a specific process for appealing an indication, so if you are indicated, you should hire an attorney to help you appeal immediately. It is very difficult to overturn an indication, but it can be done. Make DCS prove their case in front of the administrative law judge, then to your local chancery court.
I recently represented a principal in North Tennessee who had many years of experience in the field of education. The principal was one of the kindest and good hearted people I have ever met. He was very gifted with computers and had located me through some kind of intensive online search.
When he first called me, I explained that due to the fact that I lived so far away, my charges would be higher. I then researched some of the local media coverage, and what I saw there caused me further concern. I am a Board Certified Child Welfare Attorney and I have fought for over 15 years to help children be safe.
Together, we worked hard to prepare the case--there was an insane amount of evidence in the record: video footage, transcripts, DCS records, to name a few. I also had to really learn the law, including administrative caselaw.
I got to court a day early to meet the clerks and get the lay of the land. I tried out the VCR to make sure it would work--a very important part of my argument involved the video evidence from the school.
I won the case, and DCS dismissed the indication. It was one of the greatest things I have ever accomplished, almost totally on my own. The case also consumed my life for many months.
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