Published
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.
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.
I'm going to resist the urge to pick through everything you've said ...just know that nursing boards like people who can recognize their own shortcomings in a situation with a bad outcome. You don't need to convince me. I'm not the one handing out nursing licenses. You may be the most responsible parent in the galaxy. I only "know" you from the few paragraphs you've written on this message board.
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?
The BON will not say anything before you start school, they will only look at your case when you are ready to become licensed. You can find an attorney who specializes in nursing licensing issues through the American association of nurse attorneys (TAANA), they will likely give you similar information as your current lawyer, 'don't switch majors as there is time for things to fall in place'.
You should call BON and tell them your situation. They will probably ask you to send them court documents and a letter explaining what happened. I know someone who had a felony due to child neglect, she got her license but it was restricted for 3 yrs. Only they can answer your question. Good luck.
I'd like to thank you all for your help, I'm definitely calling BON and the school tomorrow.
ECarr, I see what you mean. Well, not sure about that person, but in my case, it wasn't a felony. There weren't any arrests or anything like that. The whole thing closed in under 30 days. As you can see, it was all over a huge misunderstanding and bad set of circumstances (us not knowing right away that she was cutting class, the mail situation with our landlord vs. the school's assumption that we don't care, etc). See, the way that the school saw it (in their mind) is that they assumed we neglected our daughter's education by letting her do whatever she wants i.e. "Oh you want to cut class today, honey? Sure go right ahead! Stay home? Why not!" which is completely false.
The biggest part though is ACS not giving us proper notice of the "alleged neglect" accusation when they closed the case 3 years back. Because if we had that, we could of got this amended less than 90 days from that notice. But anyways, I'm going to call these places tomorrow. Wish me luck.
I'm so sorry to hear this is happening to you and your wife right now... It really sucks how a misunderstanding from awhile back ago is now coming back to affect your career. I'm wondering how this is coming up on your records as "neglect" if the case was closed and everything was presumably okay? I really hope for the best for you and your wife. Hang in there!
As you can see, it was all over a huge misunderstanding and bad set of circumstances (us not knowing right away that she was cutting class, the mail situation with our landlord vs. the school's assumption that we don't care, etc). See, the way that the school saw it (in their mind) is that they assumed we neglected our daughter's education by letting her do whatever she wants i.e. "Oh you want to cut class today, honey? Sure go right ahead! Stay home? Why not!" which is completely false.
I do wish you luck.
I think some of what others have alluded to is that you can't possibly think this ^^ is true. The school has a "set of circumstances" too, such as the fact that they are required to report truancy and they are required to try to notify you about it. Guess what they do when the truancy continues and they have been repeatedly unable to notify you? It's not about "assuming" that you don't care. In your own situation as YOU describe it, for all they knew your stepdaughter could have been missing/held hostage/severely injured/abandoned/dead - no one has absolutely any way of knowing, since it wasn't convenient for you to reply to their messages (or do something crazy like actually going to the school to get to the bottom of said messages...).
Please - there is a lot riding on your perception of all of this; your education, your future job prospects, the well-being of your family, especially your daughter - please take some time for reflection.
Again, I wish you well in processing this and moving forward.
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 :)
I, too, think the best idea is to go straight to the horse's mouth, the BON themselves. Hopefully they'll tell you if it is a lost cause or if there are additional hoops to jump through. Your experience has done nothing to change my long-held opinion of social workers. Wishing you all the best.
jss1985, ASN, RN
200 Posts
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 :)