an update on what's been happening

[Guest guest]

I can't remember if I wrote about what was going on here. For 10

years, I worked as a home care provider. My employer does background

checks every two years after the initial background check before hiring.

Always, my background checks have come back clean. That is, until

this past October. When my supervisor called me at home and said that

the area supervisor needed to talk to me, I thought " this doesn't

sound good " . I hadn't done anything wrong. I had no idea why she

wanted to talk to me.

When I did see her, as well as my immediate supervisor, I was given a

letter explaining that my employment had to be terminated. Why? My

background check brought up a " substantiated finding " of abuse/neglect

of a minor child. What!!! I would never abuse/neglect my children. I

left the office in tears, I was so upset. When I got home, I called

my union rep. She said that I'm not the first person that this sort

of thing has happened to. She contacted the HR department in the main

office in Kennewick. She got them to change my termination to a

suspension. The original suspension was to last 90 days. At the end

of 90 days, if I could show that I was making progress, it would be

extended for another 90 days.

Sometime, between 2005 and 2007 Washington state changed how it

obtained background information. It used to be that only the

Washington State Patrol database was the only thing that got checked.

When I called WSP, they did not have me in their database. Simple

reason: I've never been arrested or fingerprinted.

The information that was on my background check came from the

Department of Social and Health Services, Division of Family and

Children Services. The woman I spoke with said I should have been

sent a certified letter. Apparently, a complaint was filed against me

in January of 2002. An investigation was done and a certified letter

was supposedly sent to me in April of 2002 with the results of the

investigation.

This may be how it works in other states. In Washington state, if a

report of child neglect or abuse is investigated, a certified letter

is supposed to be sent to give the accused a chance to explain the

finding. If the accused ignores the letter or doesn't respond within

a specified time, then the finding is determined to be substantiated.

In my case, the letter was sent. It had my correct address on it, but

I never got the letter until I had requested my file last fall. Guess

why I never got the letter? The address on the envelopes were not

mine. My address is 710, one of the addresses was 716. Another

address was a Wenatchee, WA address, probably my ex-husband's address.

When I had reviewed my file, I had to request a review by the current

DFCS director. She wrote back about a month later and said that she

was going to leave it as it was. The substantiated finding was to

remain in my file.

So, I had to request a hearing before an administrative law judge. My

pre-hearing phone conference with the alj and the prosecuting attorney

representing DSHS was held early in March. At that time, I told the

alj, that I had worked 10 years for the same company. I told him that

my rights to due process had been violated. He asked the attorney

representing the state if this was true. She said that she didn't

know the answer to that as she could only go by what was in front of

her. Anyway, he set a hearing date for May 15. But, that date would

be beyond the second 90 day period of suspension. So, I had to

contact my union rep again. She was able to get one more 90 day

suspension added on. d

Then I started gathering evidence to support me. I had the envelopes

and mailing labels with the incorrect addresses photo-copied, I also

got letters from the pediatric clinic and from my youngest son's

teacher. I took pictures of the kitchen and bathroom areas. Also, I

wrote a letter on my own behalf to support my claim that I do not

abuse or neglect my children. I sent a packet to the alj with

everthing labled, exhibits A-E. I sent an identical packet to the

attorney.

The good news is that, the attorney representing the state has made a

motion to change the investigation from FOUNDED to UNFOUNDED. Also,

the state moves for the dismissal of the case and to strike the

hearing date currently scheduled for May 15.

I look at this as good news. I took the document to my employer and

had a copy made. But, they aren't quite ready to give me my job back.

They said that this is just a motion to have something done. What I

need is something that shows, it's been done. This has been such a

stressful time. It looks as though, it will be over soon without a

hearing.

Donna in WA