BPDFamily.com

Here is the background on the CPS claim against us: https://bpdfamily.com/message_board/index.php?topic=296386.0

Basically, SD11 had an ear ache and uBPDbm blew it out of proportion filing a report with CPS saying we were medically neglecting SD11. This happened two days before we were set to go on a trip to celebrate S1's first birthday. uBPDbm withheld visitation so SD11 couldn't come with us and missed the celebration.

The investigation is closed and DH got a copy of the report. No indicators of medical neglect, of course. It says SD11 is in a loyalty bind and she was anxious when the investigator said she was being recorded, but relaxed when the investigator told her that her parents couldn't review it without a court order.

Most of the report is just uBPDbm's claim versus our story, but this was a big punch: "uBPDbm does not create a positive co-parenting relationship with the father and she utilizes poor judgment in her own parenting choices. It appears most of the conflict is as a result of uBPDbm's behaviors. However, there is no credible evidence to support the allegation of medical neglect."

Our CE is now on month 28 of her investigation. When this claim came about two months ago she asked us not to send any more evidence (it won't change her opinion and would delay the release of her report because she would need to include the new findings). L is telling us to send this CPS report to her. DH has sent at least one email and left one voicemail per week asking the CE when our report will be released but hasn't heard a thing.

Your L should send it to the evaluator. 

There has to be some kind of recourse to take with the evaluator to get her to do her job.  Professional complaints against her license, etc.  Continuing to wait, and not poke the bear so to speak so you don't piss her off is clearly not working.  Your L has to have some way of getting proactive and pushing her.

Have a frank discussion with your lawyer about how stale this report is. If I got an unfavorable CE report after all this time, I think my argument in court would be that it was old and done unprofessionally and should be thrown out. So, continuing to wait for this might be completely counterproductive. It might be a better strategy to hire a new CE and sue this one for damages.

We sent the report to the CE yesterday. We then sent another email to the L with the report and asking about the next step. I agree, something needs to be done to light a fire under this CE.

By the time we hit 'send' on the email to the L, the CE had replied (woah!). She said she will incorporate this latest finding into her report and then ask our L whether the report needs to be submitted to the court or to the parties directly (I believe the answer is she submits it to the parties and submits a letter to the court stating it's done and has been sent).

uBPDbm doesn't have a lawyer, so I don't think she will know that she can argue the staleness of the report. I think that is a low risk. Plus we have been updating the CE with events as they have happened (like this CPS accusation, the times uBPDbm has withheld visitation, another CPS claim against mom, update in work/family situations, etc). So it should be mostly up to date. If the CE focuses on the pattern of behavior instead of specific events to base her recommendation off of then you can't really argue that a pattern of behavior is stale, right?

Maybe, maybe not. Depends on how the report is structured. A good question for your lawyer. After 28 months of unprofessional conduct and obvious lies about the status of the report, I'm highly doubtful that there is a report. If there is one, it might be the most slapdash, useless thing you've ever seen.

Would it be improper for the lawyer to suggest to the tardy CE to end her report with a simple statement, "The parents are continuing to have conflict and incidents reported to various agencies.  Since this evaluation is already long overdue, it is of note that the most recent reports continue to support a favorable outlook toward father and his family."

I forget... .did the judge order and select this CE?  Can he/she not order the CE completed and submitted.

I would have gone off on the CE a long time ago.  The CE's actions have just about constituted fraud.

So you send her request after request for an update on the status of the report and you hear nothing back. But you shoot off an email requiring the report to take longer and hear back immediately... .

The judge definitely needs to know what is going on at this point. I don't see you getting a complete report any time soon. So the only way forward is to push for something to happen.

We requested the CE and picked her (I think we proposed two and picked this one). She had good references two+ years ago, I swear! It's just her personal life has fallen apart and it has affected her work.

I would have gone off on the CE too, but it's not my evaluation you know? That's the frustrating part (for me). DH is passive. L is trying not to make the CE angry at us by throwing out ultimatums. So time just slips by... .Ugh. I am going to "suggest" to the L that we need to set a court date to hold the CE's feet to the fire. I'm tired of being on the bottom of her pile.

Look at how strongly worded the CPS report was! Can we just marvel at that for a minute! I mean, it's one thing to know that uBPDbm makes poor parenting choices and causes conflict but it's another thing to actually see it written in black and white! With all her lies and distortions and manipulations, blaming and game-playing... .it gives us hope to see that someone sees it all for what it is.

I'm happy for you the CPS report came back not just clearing you but also stating that mom is in fact creating this mess. It feels good to be validated! |iiii
Any way the CE report might say "why" mom creates this? Like her mental illness?

You have heard it all before from us about the frustration of the long overdue report. No one knows it better than you. I hope it gets resolved soon, it would be very nice to get a clean start to 2017 without this "report" hanging out there.

Good luck, and happy holidays!

Any update to report Thunder? |iiii

No.  Sent an email to the L and he didn't respond. So we followed up with another email today.

I did find a court case from this year where the CE was sued in civil court. She promised an evaluation and never delivered. The guy was awarded his retainer back plus the legal fees. Of course, the CE hasn't paid so now they're taking her back again to try to collect.

Assuming that you'll never get a report from this person, what is your Plan B?

Would contacting/coordinating with the other party suing her benefit you in any way?

She should have been required to carry some type of malpractice insurance (like a doctor) which will pay you then go after her for whatever repayment she owes them.

You also might be able to get an attorney to take this on pro bono with payment from her insurance after the fact.

Believe me I know what you are thinking, yet another huge legal endeavor (eye roll emoji here)

But sometimes we have to push through to get the right things done.

Mostly I'm just very sorry that on top on trying to raise a SD in these precarious circumstances, with a pwBPD in your life, you have had to be let down by someone in the mental health field (which is unconscionable in my opinion), and now still have to try to find a resolution to your original problem of needing the court to have an unbiased report from which to rule from.
I'm sending out what hope and prayers I can to you and your family. I wish I could send you a Christmas miracle.   

AAAAAAAAAHHHHHHHHHHHHH.  I don't know if the malpractice covers CE not doing her work because of personal issues, but if you decide that route, you should make the amount more realistic (price of evaluation/wages lost/pain and suffering from unnecessary worry). 


I would suggest that you currently seek out ice cream, Netflix, and aloe socks straight from the dryer :).  Take care and keep us posted.

Frankly I'm surprised a court would allow a custody evaluation to linger on for well over two years.  Is the judge sitting back and waiting for someone to make a big enough stink about the missing report and if none of you make a fuss then he/she won't either?

I've heard that judges that have cases that go unresolved too long often puts them under pressure to look better, either reset/restart the case or demand progress.