GUILTY MI - Joshua Burns for child abuse, Brighton, 2015

Ah...got it! I now see what you are saying. I assumed that if the court cleared her then CPS would have followed suit. Not so clear cut, eh?

But, CPS's case against Brenda isn't necessarily ongoing, though. It reads that they have filed a new petition with the courts.

I'm merely nit-picking to try and understand; I'm not trying to start a fight.

Since you ETA: responding again. lol. Lots of really good, caring folks posting here. I know no one is picking fights. Appreciate the concern for a little 15 month old girl.

It is ongoing. Nov. 4, 2014 — Jury verdict finds Joshua Nov. 4, 2014 — Jury verdict finds Joshua Burns responsible for his daughter, Naomi's, injuries; Brenda Burns found not responsible. Mother and daughter were reunited "under the supervision of the Department of Human Services."

Doctor of record called CPS in the first place when Namoi was brought into the hospital and CPS is following up. This has been ongoing for over a year.

http://www.livingstondaily.com/story/news/crime/2015/03/13/child-abuse/70302584/

Just lovely (sarcasm) from link ^^

"In Joshua Burns' Jan. 28 email to the prosecutor's office, he does write: "Can I wear and [sic] ankle transmitter until I am taken into custody?" Then on March 9, he tells the prosecutor's office: "Check the Detroit Free Press. This story is going national. I have been contacted by several national media outlets. I plan to do several interviews and I will be naming names. Enjoy."
 
I had a neighbor call CPS on me in retaliation for me calling the local animal abuse people on him. He would go out after dark and beat his dobermans with a broomstick. I even managed to get it on video. The items he listed were beyond stupid and easily disproved as was his stupidly telling me what he would do so when I made my complaint I told them of the threat. CPS talked to me, watched my interactions with my kids, talked to my kids, my sister (who was living with us), and verified what I had told them about the complainant's threats. I was lucky. I was also told by them that when one is examined with a microscope it's very very rare that anyone comes out clean.

Good for you for not only turning him in but having the foresight to take video as well. I hope the jerk had the poor dogs taken away from him. Two things that piss me off beyond belief, child and animal abuse. Sorry you had to go through that with CPS. Talk about neighbors from hell!
 
Read that. The COURT cleared the mom, not CPS that the doctor of record called in the first place. COURT is not CPS. They are not the same.

CPS has an ongoing case against Brenda: CPS has filed a new court petition against Brenda, demanding that she provide them with Naomi’s new address.

Same OP link, again for those that don't want to go back to P 1: http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits

Ah...got it! I now see what you are saying. I assumed that if the court cleared her then CPS would have followed suit. Not so clear cut, eh?

I thought the same thing! Thank you for pointing out the distinction between the two, Ransom. So the court may have cleared her but CPS never did. And apparently they were wise not to, considering what is going on now.
 
But, CPS's case against Brenda isn't necessarily ongoing, though. It reads that they have filed a new petition with the courts.

I'm merely nit-picking to try and understand; I'm not trying to start a fight.

I wonder what the "probable cause" is against Brenda that initiated a new petition. and Brenda's beliefs of her husbands guilt or innocence should not be grounds for a new cps investigation to be filed, IMO.
 
Sounds like you came out clean to me. Did CPS harass you after that? Also It was really smart you video the abuse of the Dobermans. I would clearly have done that too!

Only because I had my I's dotted and T's crossed and saw the complaint coming since he told me what he was going to do. A few weeks later I received a letter that the complaint had been deemed retaliatory and if I wished I could have it removed from record after 10 years. I seriously doubt it would have been so fast if I hadn't been prepared for them because we aren't perfect by any means.
 
Wait ... when did CPS clear Brenda (the mom) ???? I may have missed the link that said that. If so, my apologies in advance. TIA.
The court ordered her child returned to her and no charges be brought against her. In fact, it does mean the CPS case is over concerning the incident when the court ruled in her favor and CLEARED her. The court takes precedence over CPS every time. Now it doesn't mean they cannot hound her for the next 16 years of her child's life because as we are already seeing...they will try.
 
The court ordered her child returned to her and no charges be brought against her. In fact, it does mean the CPS case is over concerning the incident when the court ruled in her favor and CLEARED her. The court takes precedence over CPS every time. Now it doesn't mean they cannot hound her for the next 16 years of her child's life because as we are already seeing...they will try.

My take on it is that the jury didn't find her guilty. That isn't the same as "clearing" her. The risk remains because she left the child in his care and she was injured while in his care. The mother could very well do it again.

JMO
 
Read that. The COURT cleared the mom, not CPS that the doctor of record called in the first place. COURT is not CPS. They are not the same.

CPS has an ongoing case against Brenda: CPS has filed a new court petition against Brenda, demanding that she provide them with Naomi’s new address.

Same OP link, again for those that don't want to go back to P 1: http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits

I think it is something of a misconception that anyone gets "cleared" by anyone. In the court system, people are charged and a determination of guilty or not guilty is made based upon the evidence presented.

CPS may investigate, open a case, request removal or participation in services, sever parental rights, close a case, etc--with court oversight. But the notion of someone being "cleared" really does not exist. Part of our "innocent until proven guilty" justice system (in the court system). The state makes its case or does not. In family court, there is even a wider range of possibilities, as not every decision made there is associated with a crime (example: custody disputes). Further, in many cases that require intervention (example: neglect), there is an assumption that some families can be saved through connection with appropriate services--and that a broad public interest is served in saving such families where possible. In those cases the court provides oversight to ensure participation with services as well as hearing the evaluations and recommendations of CPS workers about the readiness of the family to be reunited--with or without ongoing supervision.
 
I wonder what the "probable cause" is against Brenda that initiated a new petition. and Brenda's beliefs of her husbands guilt or innocence should not be grounds for a new cps investigation to be filed, IMO.

I would imagine that it has to do with negligence. Failure to protect the infant from abuse by another. And should she continue to allow contact now that he has been found guilty that would really up the ante.
 
Was she there when the baby allegedly fell of daddy's knee and got injured? If she told some story about how the baby happened to be injured and the court didn't believe it they would think she's the sort of person who protects child abusers and that's not usually good with CPS
 
I thought (and I could be wrong) that he claimed he was talking to her on the phone when it happened.
 
I bet there are many women who believed, just like you, that it couldn't happen to them because they were good parents and didn't play games. Then while their children were being taken away and thrown into foster care because someone called in false allegations of inappropriate actions, they realized too late they were being held at the mercy of an aggressive agency by virtue of an often abused power of the state. The agency then turned life upside down for the entire family as they combed through every detail of their personal lives and racked up every small infraction ever made as a parent or a person. If this didn't get them what they wanted, they would eventually (after the families got a lawyer and threatened court action) give the kids back after they had been in foster care with the real possibility they could have been abused while there. CPS would come back every month to insure the families knew they held the power to do it again at any given time.

This is basically what can and often happens when CPS becomes involved...false allegations or not. It is not a walk in the park for even the most innocent families. It can be a terrifying and long ordeal with grave consequences. There are not enough workers and the kids who suffer horribly are the ones in true trouble overlooked while CPS goes on witch hunts for ex-husbands/ex-wives or in-laws. Sad, but true...in this state our children's protection agency has lost or misplaced several children and some have ended up dead because they screwed up so badly. Hence the call for an overhaul.

Like I said...I have not experienced it personally, but I did some extensive research on the subject. I found some very frightening cases. After talking to some families, it made a huge impression on me of how vulnerable people really are when it comes to this particular state agency.

Great points. I've been lurking here a few months, but this story compelled me to come out of the woodwork. I can't tell enough about the details of the story to judge the mother's involvement in the situation, but reading the story made me physically ill, based on my own experiences. I'm one of the most "law and order" people you will ever meet, but I would not blame anyone for going into hiding over social service involvement. I was the victim of harassment by social services and it has affected my family's lives for years.

It started with my husband's ex wife getting busted for drugs while my stepdaughter was visiting her. My husband, who had long been divorced from her, was immediately granted sole custody as the non-offending parent who was in no way involved or aware of the situation.

I can tell you with 100 percent certainty that just because you did not commit child abuse or neglect or was never even accused of being involved with it, does not mean you won't face the wrath of social services.

Their involvement in our lives, as non-offending parties, led to a false arrest and on a separate occasion, led to police and social workers to surprise storm our house. We were those people with nothing to hide. There was no child abuse or even remote evidence of it. That's said, I cannot even begin to describe the feelings of fear, helplessness, and horror that come with these "investigations" initiated by undertrained and overworked people. Yes, we came out the good side of things in that no one has any convictions, my stepdaughter never went to foster care, and we now have permanent sole custody, but I dare say that was only because we're educated and have strong political connections in the community. If we had less social and economic privilege, I'm sure things would have been different.

My stepdaughter and I both have nightmares about police and social workers regularly and have had have therapy because of the DSS harassment.

Recently, social services has prevented us from adopting from another agency simply because they do not like us. As I said, we have no criminal records or child abuse or neglect records. They simply found us to be a frustrating family to work with because we asked a lot of questions about the process. Even though I am a mandated child abuse and neglect reporter, one case worker told me they would put my stepdaughter in foster care if I called them ever again. Can they legally do that? No way. But in the heat of the moment, fear overtakes logic and I didn't call their bluff.

Out of about 30 law firms I contacted about our situation, only one agreed to take the case -- at an astronomical rate -- because the consensus is that DSS is almost "untouchable" in my state, as one attorney told me.

In the end, its difficult to know how you'll behave in these situations until you're actually there. Social services, more than any government agency I've seen, uses fear tactics on average citizens. It's in no way fair, even though I believe keeping children safe is one of the most important responsibilities of the government. Until there's an overhaul of the entire system, I think we'll see more and more cases of people going into hiding.
 
DrBNC, welcome to the forum and for sharing your personal experience. I agree, the child protection system is badly broken. The biggest problem is that reforms are at a state level and they literally stop at the state line. The system needs to be federalized so that legitimate complaints are registered and tracked.

What some state bureaucrats haven't figured out is that real child abusers move a lot to change court and CPS jurisdiction. They don't remain in the same house once a report is made. They keep moving and staying under the radar and CPS forgets about them. Federalizing the programs will eliminate the ability to hide but also eliminate the state caseworker from taking the attitude of out of sight, not my problem. Colton Turner's mother kept moving and CPS didn't notify police. In the case on this forum, the mother has moved the child and that is a huge red flag.

Those are the cases that should be prioritized and maybe that will also eliminate the focus on innocent folks just because they are there and the caseworker wants to look busy to the supervisor.

JMO
 
Great points. I've been lurking here a few months, but this story compelled me to come out of the woodwork. I can't tell enough about the details of the story to judge the mother's involvement in the situation, but reading the story made me physically ill, based on my own experiences. I'm one of the most "law and order" people you will ever meet, but I would not blame anyone for going into hiding over social service involvement. I was the victim of harassment by social services and it has affected my family's lives for years.

It started with my husband's ex wife getting busted for drugs while my stepdaughter was visiting her. My husband, who had long been divorced from her, was immediately granted sole custody as the non-offending parent who was in no way involved or aware of the situation.

I can tell you with 100 percent certainty that just because you did not commit child abuse or neglect or was never even accused of being involved with it, does not mean you won't face the wrath of social services.

Their involvement in our lives, as non-offending parties, led to a false arrest and on a separate occasion, led to police and social workers to surprise storm our house. We were those people with nothing to hide. There was no child abuse or even remote evidence of it. That's said, I cannot even begin to describe the feelings of fear, helplessness, and horror that come with these "investigations" initiated by undertrained and overworked people. Yes, we came out the good side of things in that no one has any convictions, my stepdaughter never went to foster care, and we now have permanent sole custody, but I dare say that was only because we're educated and have strong political connections in the community. If we had less social and economic privilege, I'm sure things would have been different.

My stepdaughter and I both have nightmares about police and social workers regularly and have had have therapy because of the DSS harassment.

Recently, social services has prevented us from adopting from another agency simply because they do not like us. As I said, we have no criminal records or child abuse or neglect records. They simply found us to be a frustrating family to work with because we asked a lot of questions about the process. Even though I am a mandated child abuse and neglect reporter, one case worker told me they would put my stepdaughter in foster care if I called them ever again. Can they legally do that? No way. But in the heat of the moment, fear overtakes logic and I didn't call their bluff.

Out of about 30 law firms I contacted about our situation, only one agreed to take the case -- at an astronomical rate -- because the consensus is that DSS is almost "untouchable" in my state, as one attorney told me.

In the end, its difficult to know how you'll behave in these situations until you're actually there. Social services, more than any government agency I've seen, uses fear tactics on average citizens. It's in no way fair, even though I believe keeping children safe is one of the most important responsibilities of the government. Until there's an overhaul of the entire system, I think we'll see more and more cases of people going into hiding.

How would you recommend the system be changed?
 
JB (Joshua Burns) was sentenced this afternoon to one year in jail and three years of probation for the abuse of his then 11-week-old daughter. The judge also ordered BB (Brenda Burns) to reveal the location of NB, now 1, and allow CPS to make home visits.

There is a hearing in April to determine if JB will lose his parental rights to NB.

The state's sentence guidelines called for 19-38 months in prison.

However, Livingston County Court Judge Miriam Cavanaugh said she believed the guidelines were not proportionate based on the unwavering support he has from friends and family. She also noted his criminal history was 20 years old.

Do y'all agree that because his family and friends say he's a great guy he shouldn't be subjected to the state's sentence guidelines? He was convicted of abusing a tiny baby. How wonderful could he be? If the hearing in April does not terminate his rights, his shortened sentence will put him back that much sooner with this same small child (who will only be two at the time of his release). It doesn't seem right to me...

http://www.livingstondaily.com/story/news/crime/2015/03/19/burns-sentence/25030167/
 
JB (Joshua Burns) was sentenced this afternoon to one year in jail and three years of probation for the abuse of his then 11-week-old daughter. The judge also ordered BB (Brenda Burns) to reveal the location of NB, now 1, and allow CPS to make home visits.

There is a hearing in April to determine if JB will lose his parental rights to NB.



Do y'all agree that because his family and friends say he's a great guy he shouldn't be subjected to the state's sentence guidelines? He was convicted of abusing a tiny baby. How wonderful could he be? If the hearing in April does not terminate his rights, his shortened sentence will put him back that much sooner with this same small child (who will only be two at the time of his release). It doesn't seem right to me...

http://www.livingstondaily.com/story/news/crime/2015/03/19/burns-sentence/25030167/

At least she did sentence him to prison and she's requiring the location of the baby be disclosed. Hopefully, in that year the Mother will come to her senses about this guy.

JMO
 

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