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  #1  
Old 03-03-2017, 08:41 AM
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Madison Madison is offline
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Hello Friends, I am searching for answers. My son was charged with assault and battery when he was 12 for throwing a small object at his friend which didn't even hit the child. EEC did an investigation and made him stay off the premises till they were done. He was released by EEC within two months and was able to stay home during daycare hours. When he turned 19 my license was up for renewal. They did a BRC and it came back with the assault and battery from when he was 12. He has a clean record and has never been in trouble with the law. They now again want him off the premises while I'm open for daycare. I tried to appeal it, but when I had my pretrial conference over the phone, the magistrate did not have my case record in front of her and didn't let me talk and ruled for the state. I want to know my rights. I was told that I could file a civil suit but it will eat all my profits and by the time I get a judgment, he will probably already be moved out. So then I contacted my local representative and forwarded all my info to him. He sent the info to the state and is hoping to get me another appeal. My son is able to get his A&B expunged but I was also told that the state can still pull it up. I am in desperate need for help. Even any information that anyone could offer. I feel that my home is for my family, and believe that my son should be able to be home where he lives. My state is Massachusetts. Thank you in advance.
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  #2  
Old 03-03-2017, 10:08 AM
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Blackcat31 Blackcat31 is offline
 
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Quote:
Originally Posted by Madison View Post
Hello Friends, I am searching for answers. My son was charged with assault and battery when he was 12 for throwing a small object at his friend which didn't even hit the child. EEC did an investigation and made him stay off the premises till they were done. He was released by EEC within two months and was able to stay home during daycare hours. When he turned 19 my license was up for renewal. They did a BRC and it came back with the assault and battery from when he was 12. He has a clean record and has never been in trouble with the law. They now again want him off the premises while I'm open for daycare. I tried to appeal it, but when I had my pretrial conference over the phone, the magistrate did not have my case record in front of her and didn't let me talk and ruled for the state. I want to know my rights. I was told that I could file a civil suit but it will eat all my profits and by the time I get a judgment, he will probably already be moved out. So then I contacted my local representative and forwarded all my info to him. He sent the info to the state and is hoping to get me another appeal. My son is able to get his A&B expunged but I was also told that the state can still pull it up. I am in desperate need for help. Even any information that anyone could offer. I feel that my home is for my family, and believe that my son should be able to be home where he lives. My state is Massachusetts. Thank you in advance.
Until the state comes up with an option for appeal, is your son actually home all day when daycare is operational?

Does he work or go to school during the day?

At 19, being home during the day doesn't seem like it should be that big of a deal but I don't know his/your situation so just curious.

Also, it seems odd that they are holding his juvenile record against him (you) given that it was so many years ago, he was a juvenile and that he has served his punishment and kept his record clean since then.... Is your state simply super super strict about this or is there more to the story?
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Old 03-03-2017, 10:44 AM
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Originally Posted by Blackcat31 View Post
Until the state comes up with an option for appeal, is your son actually home all day when daycare is operational?

Does he work or go to school during the day?

At 19, being home during the day doesn't seem like it should be that big of a deal but I don't know his/your situation so just curious.

Also, it seems odd that they are holding his juvenile record against him (you) given that it was so many years ago, he was a juvenile and that he has served his punishment and kept his record clean since then.... Is your state simply super super strict about this or is there more to the story?
Yes Blackcat, there was more to the story. We reported at the time what the alligations were when it happened. They then investigated and then released him to be able to be home during daycare hours. It went to court with no findings and we had to take a lesser charge misdemeanor A&B, and he did 18 months of probation. He still has not finished high school and is taking online courses to finish. The incident did not happen on my premises. He has been on the premises since the incident except for the 1-2 months they investigated. He has a clean record and continues to do so.
He does work but they are odd hours and he is home when he is not working.
I have the release letter from EEC and I have two recommendation letters from his counselor and his probation officer that both state that he is not a threat to my daycare.
Believe me...If I thought he would be a threat to my daycare I would not even be open. The parents all know him and he is a very respectable individual.
My son has been on the premises since the incident and the state has known everything that happened and my license ran up on December 2015. And they are just making this decision now. Just don't know where to turn.
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Old 03-03-2017, 11:01 AM
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Originally Posted by Madison View Post
Yes Blackcat, there was more to the story. We reported at the time what the alligations were when it happened. They then investigated and then released him to be able to be home during daycare hours. It went to court with no findings and we had to take a lesser charge misdemeanor A&B, and he did 18 months of probation. He still has not finished high school and is taking online courses to finish. The incident did not happen on my premises. He has been on the premises since the incident except for the 1-2 months they investigated. He has a clean record and continues to do so.
He does work but they are odd hours and he is home when he is not working.
I have the release letter from EEC and I have two recommendation letters from his counselor and his probation officer that both state that he is not a threat to my daycare.
Believe me...If I thought he would be a threat to my daycare I would not even be open. The parents all know him and he is a very respectable individual.
My son has been on the premises since the incident and the state has known everything that happened and my license ran up on December 2015. And they are just making this decision now. Just don't know where to turn.
Wow! It definitely sounds like your state reps are simply being hard on you! I totally understand past convictions and how they can work against you but your situation (or rather your son's) seems so cut and dried that it's silly that it is even an issue.

I would probably continue to wait until your contact person can figure out your next step. Do you think it would help to have your son's employer write a statement of recommendation for your son and maybe have your daycare parents write letters too? I don't know, just thinking out loud and wondering what else you could do to speed up the process and/or eliminate the this issue so you can continue on without this cloud hanging over you...

Hang in there!

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Old 03-03-2017, 11:05 AM
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"we had to take a lesser charge misdemeanor A&B, and he did 18 months of probation."

* I think it is because he was convicted.

"Any assault and battery on a child under the age of 14 that causes bodily injury or substantial bodily injury can be punished as a felony or a misdemeanor.

(Mass. Gen. Laws Ann. ch. 265, 13J.)"

May I ask, what was the age difference between your son and the child at the time of the incident?
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Old 03-03-2017, 11:19 AM
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Madison Madison is offline
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Originally Posted by Blackcat31 View Post
Wow! It definitely sounds like your state reps are simply being hard on you! I totally understand past convictions and how they can work against you but your situation (or rather your son's) seems so cut and dried that it's silly that it is even an issue.

I would probably continue to wait until your contact person can figure out your next step. Do you think it would help to have your son's employer write a statement of recommendation for your son and maybe have your daycare parents write letters too? I don't know, just thinking out loud and wondering what else you could do to speed up the process and/or eliminate the this issue so you can continue on without this cloud hanging over you...

Hang in there!

Thank you. It has been a cloud over my head for 7 years. I have thought of having my dc parents write letters.
You have no idea how this has effected my family life. But I believe my son is a good hearted person and I will fight for him as I have been doing for the past 7 years. If I didn't think he was a caring loving respectable person who thinks of others all the time I would not even think twice and just close my doors. Thank you
Just curious also if anyone else on here has a person on their daycare that has an A&B. And what is the outcome of the BRC?
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Old 03-03-2017, 11:22 AM
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Madison Madison is offline
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Quote:
Originally Posted by Cat Herder View Post
"we had to take a lesser charge misdemeanor A&B, and he did 18 months of probation."

* I think it is because he was convicted.

"Any assault and battery on a child under the age of 14 that causes bodily injury or substantial bodily injury can be punished as a felony or a misdemeanor.

(Mass. Gen. Laws Ann. ch. 265, 13J.)"

May I ask, what was the age difference between your son and the child at the time of the incident?
They were the same age. They were both 12.
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Old 03-03-2017, 11:38 AM
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Originally Posted by Madison View Post
They were the same age. They were both 12.
Wow.

I have to say that really makes no sense to me.

As a mom of two 18yo boys/men , I would try to get it expunged as soon as possible. Even though it will show up anytime he tried to apply for a job working around "special populations" it may prevent him from being passed over for other positions.

It seems there should be some other legal remedy to this. Have you consulted a private attorney? Was he tried as an adult?
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Old 03-03-2017, 11:49 AM
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Madison Madison is offline
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Originally Posted by Cat Herder View Post
Wow.

I have to say that really makes no sense to me.

As a mom of two 18yo boys/men , I would try to get it expunged as soon as possible. Even though it will show up anytime he tried to apply for a job working around "special populations" it may prevent him from being passed over for other positions.

It seems there should be some other legal remedy to this. Have you consulted a private attorney? Was he tried as an adult?

The private attorney was the one that said we could file a civil suit but would take all my money and time.
He was tried as a juvenile. In all of this process we have found that he is eligible for getting expunged.
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Old 03-03-2017, 12:15 PM
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I am sorry. The whole thing sounds like a nightmare.

I was reading this looking for clues and am running out of time... so will simply link it. You probably already know it by heart, but here it is.. http://www.masslegalhelp.org/cori/juvenile-records

I hope it gets worked out soon. I have never heard of such a thing.
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Old 03-03-2017, 01:24 PM
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Madison Madison is offline
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Originally Posted by Cat Herder View Post
I am sorry. The whole thing sounds like a nightmare.

I was reading this looking for clues and am running out of time... so will simply link it. You probably already know it by heart, but here it is.. http://www.masslegalhelp.org/cori/juvenile-records

I hope it gets worked out soon. I have never heard of such a thing.
Thank you so much! This is so helpful. I wish every legal person I talked to would have directed me here. Thank you again. I cant wait till this is behind me. It has consumed my life.
Two of my daycare children are my grandbabies And he is Uncle to them. So poor uncle feels like he cant even give them attention when they are here because they are usually only here during daycare hours or a special get together.
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Old 03-03-2017, 01:30 PM
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Thank you so much! This is so helpful. I wish every legal person I talked to would have directed me here. Thank you again. I cant wait till this is behind me. It has consumed my life.
Two of my daycare children are my grandbabies And he is Uncle to them. So poor uncle feels like he cant even give them attention when they are here because they are usually only here during daycare hours or a special get together.
You are so very welcome! I had to run to get the kids up from nap and to snack. Hope you have a great weekend!
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