So worried....Should i quit RN program due to legal/background issue?

  1. Im starting my program in the spring but now i feel like giving up because it might be all for nothing.

    My wife and i have a BS finding of indicated neglect from ACS all due to my stepdaughter "pretending" to go to school 3 years ago. My stepdaughter was 14 at the time decided to pretend to go to school and cut class.

    We obviously didn't discover this right away. The school would leave auto messages on our machine but most of the time they would be unavailable when we return their call.

    When confronted about it, our girl denied the accusations. We never had any reason to doubt her before so this left us very confused. We soon discovered the truth during a meeting with the principal. Our daughter said it was due to being bullied by students/teachers.

    Our request for transfer didn't work out due to lack of credits. However the school didn't give us any temporary resolution in the meantime. They sent out a letter for a follow up meeting which we didn't receive on time because we don't have our own mailbox and the landlord gets our mail before us.

    Because of THAT, some idiot at the school assumed we didn't give a crap and called ACS on us.

    A worker visited our home, all went well, and our case was closed in less than a month (which goes to show how stupid it is). However the worker never informed us nor sent us any notice saying it would be closed with "indicated neglect" (educational neglect and inadequate guardianship).

    We didnt find that out until 3 years later (this year) when my wife applied to a new job as a CNA. 30 days after working there, her background check that they did triggered the state registry to send a letter saying we have 90 days to respond about the old ACS case which was indicated neglect.

    We responded, jumped thru all the hoops and hired a lawyer. He tried to file an amendment with the state but they said we are filing 3 years too late. Thats not our fault tho because we were never INFORMED 3 yrs ago that it was closed with indicated neglect. Now hes going to file an Article 78 which is for filing late appeals.

    But what if that doesn't work out?

    On one end you have my wife's job threatening to stop her from working until the finding is "cleared".

    The other end you got me. A guy about to start RN program this spring. Lawyer said this might effect my ability to obtain RN Licensure/employment. I asked if i should drop out and switch majors and he said no, not to do anything rash like that because theres plenty of time for everything to fall into place.

    Should i switch majors though? Im really worried about this messing up my future nursing career. I've been scared to death all day thinking about unemployment and homelessness.
    Last edit by Brian S. on Aug 25
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  2. 48 Comments

  3. by   Sour Lemon
    Personally, I wouldn't invest the time and money until I was sure I'd be able to sit for boards and be employable. Does your lawyer specialize in BON issues? If not, maybe you should consider finding one who does. Have you gone through your background check for school yet?
  4. by   jss1985
    Quote from Sour Lemon
    Personally, I wouldn't invest the time and money until I was sure I'd be able to sit for boards and be employable. Does your lawyer specialize in BON issues? If not, maybe you should consider finding one who does. Have you gone through your background check for school yet?
    Not yet. My lawyer specialize in ACS cases.

    So if BON says no before i start, what should i change my major to? Like business perhaps? Is that safe from this nonsense?
  5. by   meanmaryjean
    Quote from jss1985
    Not yet. My lawyer specialize in ACS cases.

    So if BON says no before i start, what should i change my major to? Like business perhaps? Is that safe from this nonsense?
    It is not 'nonsense' for the Board of Nursing to do it's sworn duty to protect the public. I am reading a lot of 'but it's not my fault' in your post. You seem to take ZERO responsibility for the situation - it's everyone else's fault (landlord, school, answering machine...) but you don't identify a single thing you could have done differently to address it at the time. This is troubling.
  6. by   jss1985
    Quote from meanmaryjean
    It is not 'nonsense' for the Board of Nursing to do it's sworn duty to protect the public. I am reading a lot of 'but it's not my fault' in your post. You seem to take ZERO responsibility for the situation - it's everyone else's fault (landlord, school, answering machine...) but you don't identify a single thing you could have done differently to address it at the time. This is troubling.
    I dont mean nonsense that way i mean that the accusation is just ridiculous how it all came about. One big misunderstanding.

    How did we do nothing? We returned the school's calls, nobody answers in the office. We met with the principal, tried to transfer her out, not enough credits. Consulted the counselor about the bullying whom did nothing. We tried advising our daughter about how to deal with the bullying.

    Was it eventually resolved? Yes. But please dont say we didn't do anything. If we received that letter BEFORE the date of meeting not after, then nobody would have called ACS.

    Would it be your fault if your child woke up in the morning and pretended to go to school ? How would you know? Especially if shes never done that before. Why doubt her at first? She fed us a believable story as to why the school was marking her absent and saying its their fault.

    However we did find out the truth and tried all we could
    Last edit by jss1985 on Aug 23 : Reason: Update
  7. by   Sour Lemon
    Quote from jss1985
    Not yet. My lawyer specialize in ACS cases.

    So if BON says no before i start, what should i change my major to? Like business perhaps? Is that safe from this nonsense?
    I don't know what would be safe. I only have experience and anecdotal "knowledge" from my own background checks and reading these boards. I had a ticket for an expired auto inspection sticker that could not be found when I went to court. It was apparently filed at a later time, and that unresolved ticket kept me out of nursing school until it was cleared up. Luckily, I had a letter from the court that showed I had been there when originally directed to be. Anyway, my point is, much smaller things than a child neglect allegation can sideline you.
    I also agree with meanmaryjean regarding your seeming lack of responsibility. If you must appeal to the board someday, that's not a strategy that's likely to be successful.
  8. by   roser13
    Quote from jss1985
    I dont mean nonsense that way i mean that the accusation is just ridiculous how it all came about. One big misunderstanding.

    How did we do nothing? We returned the school's calls, nobody answers in the office. We met with the principal, tried to transfer her out, not enough credits. Consulted the counselor about the bullying whom did nothing. We tried advising our daughter about how to deal with the bullying.

    Was it eventually resolved? Yes. But please dont say we didn't do anything. If we received that letter BEFORE the date of meeting not after, then nobody would have called ACS.
    We are not here to argue the facts of your case with you. You have asked a fairly random question of a nursing forum that does not deal in legal questions.
  9. by   caliotter3
    If you can complete the program, I would do so, even if you can't get a license immediately. You don't know that this won't resolve favorably at some point. Getting accepted to nursing school is not something that might happen easily a second time.
  10. by   jss1985
    Quote from meanmaryjean
    It is not 'nonsense' for the Board of Nursing to do it's sworn duty to protect the public. I am reading a lot of 'but it's not my fault' in your post. You seem to take ZERO responsibility for the situation - it's everyone else's fault (landlord, school, answering machine...) but you don't identify a single thing you could have done differently to address it at the time. This is troubling.
    Look i don't want to argue and im not trying to play the blame game but i am seeking resolutions to this matter. I understand BON is sworn to protect the public but that should be held for ppl who ACTUALLY abused and neglected others, not cases like mine built on misunderstanding/miscommunication.

    I know BON won't want to hear that but im saying it for you guys reading here.

    Does anyone have any helpful advice? My wife's career and mine are at stake here. I don't want our children to be raised in a cardboard box. If that is not neglect then i dont know what is.
  11. by   jss1985
    Quote from Sour Lemon
    I don't know what would be safe. I only have experience and anecdotal "knowledge" from my own background checks and reading these boards. I had a ticket for an expired auto inspection sticker that could not be found when I went to court. It was apparently filed at a later time, and that unresolved ticket kept me out of nursing school until it was cleared up. Luckily, I had a letter from the court that showed I had been there when originally directed to be. Anyway, my point is, much smaller things than a child neglect allegation can sideline you.
    I also agree with meanmaryjean regarding your seeming lack of responsibility. If you must appeal to the board someday, that's not a strategy that's likely to be successful.
    What lack of responsibility?? This is mind boggling. We jumped thru all the hoops with her school and they practically did nothing to help the matter. Plus If the case worker told us it was closed with neglect 3 yrs ago we would have hired a lawyer then.
  12. by   caliotter3
    What do you expect us to say? We can't speak for the court system, the nursing board, the nursing school, your wife's employer, ACS, or anyone else involved, and we don't have a crystal ball to read your future. We can, however, wish you and your family well.
  13. by   Sour Lemon
    Quote from jss1985
    Look i don't want to argue and im not trying to play the blame game but i am seeking resolutions to this matter. I understand BON is sworn to protect the public but that should be held for ppl who ACTUALLY abused and neglected others, not cases like mine built on misunderstanding/miscommunication.

    I know BON won't want to hear that but im saying it for you guys reading here.

    Does anyone have any helpful advice? My wife's career and mine are at stake here. I don't want our children to be raised in a cardboard box. If that is not neglect then i dont know what is.
    The helpful advice would be to consult with a lawyer who specializes in BON issues ..or consult with the BON, itself. Since these things are decided on a case by case basis, no one else will be able to give you a definitive answer.
  14. by   jss1985
    Quote from Sour Lemon
    The helpful advice would be to consult with a lawyer who specializes in BON issues ..or consult with the BON, itself. Since these things are decided on a case by case basis, no one else will be able to give you a definitive answer.
    Thank you i will do that. I was just trying to see if anyone had similar experience here or have some knowledge of what is accepted and not accepted in BONs background process. But thank you very much

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