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

Nurses Criminal

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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.

Specializes in Nephrology, Cardiology, ER, ICU.

Moved to Licensure w/criminal history forum

At our school a student has to be cleared before starting the program.

Cleared of what, by whom?

Awesome. So happy for you. All it took was one phone call. I think you should be alright as far as employment. We all have teenagers and understand how difficult they can be. Best of luck to you.

We don't all have ACS problems, though.

Thank you :)

By the way, just got off phone with NY BON. They dont do background checks for licensure (in NY), you just have to.check off whether you have misdemeanor or felony on the application. And each application is handled on a moral/individual character basis (i dont think im using the right words here, sorry im operating on lack of sleep right now). Being that my issue is neither misdemeanor or felony, im safe there.

Employment is a separate matter and i would have to speak to each employer (of interest) individually. However, the BON rep informed me that employers would give you a chance to explain your case/situation.

What does your school say?

I have no idea how to advise you re: a different line of work. Is there really any line of work that doesn't have HR delving into everyone's life? Yes, of course there are still some but they might not be things you are interested in.

I do want to say, though, that there are some things in life for which we have to drop everything and tend to them. IRS, ACS, all of these governmental matters. Schools, social workers, principals, teachers - you absolutely must deal with them without delay. These people can and do report you, as you see, and it can be disastrous to not have everything in writing, finalized, signed by them.

You say you were never informed that the ACS worker found that neglect was indicated. Did she require any action from you and your wife? Did she ever follow up? Seems neglectful of her if she didn't do these things.

You say the school counselor did little or nothing to help your daughter. What is up with that?

Would your daughter be better off with some sort of home schooling? Or is the trouble in the past and is she doing well now? Is she a senior now? Don't assume off the bat that home schooling is not possible for working parents. There could very well be some curriculum, some group of home schooling parents that could fill the bill for you folks.

I wish you all the best.

First, I'm so sorry that you're having to deal with this stress! I'm a recently licensed (and hired!) RN in California with an old, minor charge on my record, and I know how scary and frustrating the process can be. My advice, having gone through background checks and everything for nursing school, the BRN, and employment, are to HIRE A LAWYER, especially one that specializes in dealing with the BON. Does your school require a background check? Some clinical sites require that you have one and will not allow you to do clinicals there if the background check is not clear, I would definitely contact your school to ask this, so you don't have to drop out of the program halfway through. For now, I definitely wouldn't drop out of the program until you get more information about what it will be like moving forward. As far as getting licensed, the BRN takes everything on a case by case basis. When you apply to take the NCLEX, you have to send in documentation about everything that happened with letters of rec, etc. and the BRN will decide if you can sit for the test. From how you are explaining the situation, if you can provide documentation for all of that being true, I have a really hard time believing that the BRN would deny you taking the test, but I have no way of knowing for sure obviously - the BRN works in mysterious ways! Second, if the lawyer can't get the charges cleared and dropped, I would definitely take steps to get the charge expunged ASAP. In CA, the BRN can't deny you licensure based on an expunged charge. They can, however, issue you a restricted license. If you want to you can PM me and I'm happy to share more information I've learned through this whole process - hang in there and good luck!

how does the NY BON not do background checks for licensed nurses? that can't be right?

Are you absolutely positive that YOU are also named in the neglect case? You state that the girl is your stepdaughter, so unless you adopted her then you are not her legal guardian and it's possible that only your wife (and possibly the biological father) are named.

Specializes in Neuro.

You need to get a PO Box or go get a reliable forwarded mailing address...other time sensitive important things are going to come in the mail one day.

Always, ALWAYS get a copy of any sort of important paperwork legal, civil, litigation, truant, MVD, insurance pay out, police reports, court minutes, anything from the BON, anything from your nursing school, anything from your attorney...anything that is important, always get a copy that a matter is closed so you have documentation.

Your situation is unfortunate, I don't think you & your wife are bad parents, but, this is a situation to learn from. I understand the frustration on your part, but, you also have to be able to step back and go look, what could I have done better to help or even avoid this situation and what can I do in future to make sure nothing like this happens again?

That is not advice you were looking for, but it's worth taking note of.

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 :)

The BON in your state will have a website, maybe under Dept of Health Professions, that will have extensive info on the background check and requirements and most likely a contact that you can ask.

Specializes in Psychiatry, Community, Nurse Manager, hospice.

I would be concerned that you will not be allowed to attend nursing school clinicals with "indicated neglect" on your state child abuse screening record. Are you going straight into clinicals or do you have prereqs first?

Specializes in Psych.
What does your school say?

I have no idea how to advise you re: a different line of work. Is there really any line of work that doesn't have HR delving into everyone's life? Yes, of course there are still some but they might not be things you are interested in.

I do want to say, though, that there are some things in life for which we have to drop everything and tend to them. IRS, ACS, all of these governmental matters. Schools, social workers, principals, teachers - you absolutely must deal with them without delay. These people can and do report you, as you see, and it can be disastrous to not have everything in writing, finalized, signed by them.

You say you were never informed that the ACS worker found that neglect was indicated. Did she require any action from you and your wife? Did she ever follow up? Seems neglectful of her if she didn't do these things.

You say the school counselor did little or nothing to help your daughter. What is up with that?

Would your daughter be better off with some sort of home schooling? Or is the trouble in the past and is she doing well now? Is she a senior now? Don't assume off the bat that home schooling is not possible for working parents. There could very well be some curriculum, some group of home schooling parents that could fill the bill for you folks.

I wish you all the best.

Hello and please forgive me for the late response. Ive been held up by my final prereq: Gen Chem and trying to get everything ready for (possible) spring 2018 admission.

By different career i meant something that might have nothing to do with caring for individuals? Im assuming, and correct me if im wrong, that this ACS thing would mostly come up in jobs that have to do with taking care of people. If that is true, then im assuming picking a career in say... Business... For instance, like accounting, would be safe in that regard?

Im looking at it in the way of "how it would pertain to or relate to my ability to perform the job im applying to".

About the acs worker. No we never received notice 3 yrs ago that we were closed with indicated neglect. The lady came to our house, talked with us, then called about a week later saying something to the effect of "if you don't hear from us within 30 days then the case is closed" i dont recall her exact words but thats close.

We didnt find out until January this year when my spouse began working her new job in detox. 30 days after employment came the results of their background check. We immediately took action and have been ever since. Our lawyer is filing an article 78 for "late" amendments/expungements because its 3 yrs later and we never received initial notice back then.

My stepdaughter is 18 now. The whole thing with the school is ended last year when we took her out. She decided she wanted to do her GED so we are helping her with that now. It would have been done last year but my wife lost her job and we were in a financial mess because of that.

That school has a very serious communication problem and they have a somewhat half*** way of doing things. We had to take her out of there.

Specializes in Psych.
Are you absolutely positive that YOU are also named in the neglect case? You state that the girl is your stepdaughter, so unless you adopted her then you are not her legal guardian and it's possible that only your wife (and possibly the biological father) are named.

You bring up a good point. Im not her official step parent meaning i never adopted her. We all just live togethee as one happy family and i treat her as my own. But the ACS report lists me as a "indicated subject"along with my wife (her biological mother). Does this sound legit?

Oh and her biological father died a while back and was never in her life so he has nothing to do with this.

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