Zero Evidence, Real Harm: Demand Accountability for CPS Misconduct


Zero Evidence, Real Harm: Demand Accountability for CPS Misconduct
The Issue
Lock Down 2021, from across the room in her own home, a 6 year old child watched a young woman become terrifyingly light as Wine Cellar clamped his hands around the victim's neck, lifting her off the floor.
The child immediately sees the assault and runs to them from across the room. The victim then broke free and left the house where it had occurred and called the authorities. Writing a full statement the next morning. The perpetrator of this physical assault, Wine Cellar, was 68 at the time.
To a child, the world is supposed to be a place of predictable stability, but in that moment, the laws of reason broke and the path to justice proved to be just as suffocating.
Despite the physical evidence of the choking, the legal focus shifted to revenge. Retaliatory allegations were made by Wine Cellar, a temporary removal was initiated and later deemed unfounded and false and it was then determined that the prior temporary order in this matter was dissolved, declaring the defendant willing able and fit.
However, in 2023 CPS reversed this ruling and declared Wine Cellar made allegations with merit - - still with zero evidence. But once the removal was initiated CPS never checked either home, did not conduct anymore interviews, and added no evidence to the still-false allegations.
That is not how the law is to operate.
In positions involving child welfare, public safety, or mandated reporting, the policy 1.60 for “neglect of duty” squarely fits the intent of a Group III classification which would justify the most severe administrative response available.
The Group III violation actively places the employee in a zero-tolerance posture—The consequence is immediate termination, even for a first offense. Mitigation is technically allowed, but requiring clear, documented circumstances and even then, the alternative penalties include demotion, suspension without pay, and/or salary reduction.
By allowing the violence witnessed by the child to go unacknowledged and entertaining such a defense in the face of such striking harm, CPS has failed its most basic duty.
There is no question that Wine Cellar did physically assault the victim by lifting her off the ground by her throat. There is no question that a minor child was present and witnessed the entire event. By that simple fact alone, the encounter was an act of domestic violence that no defense of "consent" or "misunderstanding" can excuse. Additionally, the presence of a child during such an act of strangulation is a severe aggravation of the crime.
The domestic violence and choking this young child witnessed is striking in and of itself—but what CPS has said and done to not only this household but to ALL victims of domestic abuse is an irreconcilable deviation from both the spirit and the letter of the law.
If CPS does not have faith and consistency in their own profession, there is no reason for the public to respect their continuance in the position involving child welfare, public safety, or mandated reporting.
For the reprehensible precedent CPS has set by not upholding the law, we ask that you to hold them accountable by means of suspension, and/or removing current workers from their position in CPS. Replacing them with court ordered district intervention.
Chronology of eventsJune 2023
Wine Cellar calls the police saying the victim was suicidal and lost her mind.
July-August 2023
CPS made unannounced visits every day for two weeks and Wine Cellar's allegations set the tone for the rest of the case. When asked for communication in between visits to keep each other updated - CPS was uncooperative. All reasonable efforts to keep the child in the home were not exhausted.
August 2023
Judge court ordered parenting classes/mental health evaluation.
September 2023
She requested everyone attend a parent partnership meeting and was told she couldn't record the meeting (Virginia, a Child Protective Services (CPS) worker refusing to let you record a meeting is a procedural violation of the Code of Virginia § 63.2-1516)
In the meeting she brought the disposition from the previous case but the workers required her to get a mental health evaluation and required to CPS to address the child's education and medical needs. Both were neglected (see no home checks or interviews).
September 2023
She wrote a complaint to the attorney general about the wrongful removal.
October 2023
Transportation issues prompted an unplanned over-the-phone court hearing which was continued again due to parenting classes not being available yet.
Noember 2023
She wrote a letter to withdraw due to extenuating circumstances
December 2023
Received feedback from the Ombudsman about multiple procedural failures CPS made about her case.
January 2024
There was no fair trial. It was basically a meeting for signing paper work. There was no evidence presented by the accusers and again she was instructed again not to record the hearing.(A procedural violation of the Code of Virginia § 63.2-1516). Full custody went to Wine Cellar.
She showed up every week twice a week. Totalling 10 calls a month for 4 months but attempts at cooperation were met with evidence-based incompetence and leadership failures.
January 2024
An appeal was filed for both the court ruling and the
CPS appeal paperwork was confirmed by multiple channels including employees and management to reach the appropriate channels. The court hearing was set for ninety days. She also then filed a complaint for Judicial Misconduct.
February 2024
She received confirmation from the state appeal committee but notified her they could not see her before the county had their appeal process.
November 2024
The son of the CPS lawyer attempted suicide and so the hearing was continued to March of the next year.
March 2025
After January communication with her child went completely blacked out for 46 weeks and legal representation confirmed they needed the child to testify which meant the hearing was continued again.
June 2025
The apellette hearing was held by another judge, the victim retained an at-cost court reporter and the accusor's false and malicious testimony was finally appropriately provided to the court - again. Statements on behalf of the defense, witnesses, including the child were continued to the next hearing.
November 2025
The hearing was postponed due to the judge being unavailable due to unforseen circumstances. At this time Wine Cellar gave the child her own phone and she attended mobile visitation every day on the first ring, never complianed or asked for no contact.
January 2026
At this time regular in-person visits were well established every Friday while over-the-phone visits remained the same.
April 2026
After requesting the case file three months ago CPS finally had the case file in order and mailed it out but it was not signed for and so it was returned to sender, and ended up in a different state somewhere.

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The Issue
Lock Down 2021, from across the room in her own home, a 6 year old child watched a young woman become terrifyingly light as Wine Cellar clamped his hands around the victim's neck, lifting her off the floor.
The child immediately sees the assault and runs to them from across the room. The victim then broke free and left the house where it had occurred and called the authorities. Writing a full statement the next morning. The perpetrator of this physical assault, Wine Cellar, was 68 at the time.
To a child, the world is supposed to be a place of predictable stability, but in that moment, the laws of reason broke and the path to justice proved to be just as suffocating.
Despite the physical evidence of the choking, the legal focus shifted to revenge. Retaliatory allegations were made by Wine Cellar, a temporary removal was initiated and later deemed unfounded and false and it was then determined that the prior temporary order in this matter was dissolved, declaring the defendant willing able and fit.
However, in 2023 CPS reversed this ruling and declared Wine Cellar made allegations with merit - - still with zero evidence. But once the removal was initiated CPS never checked either home, did not conduct anymore interviews, and added no evidence to the still-false allegations.
That is not how the law is to operate.
In positions involving child welfare, public safety, or mandated reporting, the policy 1.60 for “neglect of duty” squarely fits the intent of a Group III classification which would justify the most severe administrative response available.
The Group III violation actively places the employee in a zero-tolerance posture—The consequence is immediate termination, even for a first offense. Mitigation is technically allowed, but requiring clear, documented circumstances and even then, the alternative penalties include demotion, suspension without pay, and/or salary reduction.
By allowing the violence witnessed by the child to go unacknowledged and entertaining such a defense in the face of such striking harm, CPS has failed its most basic duty.
There is no question that Wine Cellar did physically assault the victim by lifting her off the ground by her throat. There is no question that a minor child was present and witnessed the entire event. By that simple fact alone, the encounter was an act of domestic violence that no defense of "consent" or "misunderstanding" can excuse. Additionally, the presence of a child during such an act of strangulation is a severe aggravation of the crime.
The domestic violence and choking this young child witnessed is striking in and of itself—but what CPS has said and done to not only this household but to ALL victims of domestic abuse is an irreconcilable deviation from both the spirit and the letter of the law.
If CPS does not have faith and consistency in their own profession, there is no reason for the public to respect their continuance in the position involving child welfare, public safety, or mandated reporting.
For the reprehensible precedent CPS has set by not upholding the law, we ask that you to hold them accountable by means of suspension, and/or removing current workers from their position in CPS. Replacing them with court ordered district intervention.
Chronology of eventsJune 2023
Wine Cellar calls the police saying the victim was suicidal and lost her mind.
July-August 2023
CPS made unannounced visits every day for two weeks and Wine Cellar's allegations set the tone for the rest of the case. When asked for communication in between visits to keep each other updated - CPS was uncooperative. All reasonable efforts to keep the child in the home were not exhausted.
August 2023
Judge court ordered parenting classes/mental health evaluation.
September 2023
She requested everyone attend a parent partnership meeting and was told she couldn't record the meeting (Virginia, a Child Protective Services (CPS) worker refusing to let you record a meeting is a procedural violation of the Code of Virginia § 63.2-1516)
In the meeting she brought the disposition from the previous case but the workers required her to get a mental health evaluation and required to CPS to address the child's education and medical needs. Both were neglected (see no home checks or interviews).
September 2023
She wrote a complaint to the attorney general about the wrongful removal.
October 2023
Transportation issues prompted an unplanned over-the-phone court hearing which was continued again due to parenting classes not being available yet.
Noember 2023
She wrote a letter to withdraw due to extenuating circumstances
December 2023
Received feedback from the Ombudsman about multiple procedural failures CPS made about her case.
January 2024
There was no fair trial. It was basically a meeting for signing paper work. There was no evidence presented by the accusers and again she was instructed again not to record the hearing.(A procedural violation of the Code of Virginia § 63.2-1516). Full custody went to Wine Cellar.
She showed up every week twice a week. Totalling 10 calls a month for 4 months but attempts at cooperation were met with evidence-based incompetence and leadership failures.
January 2024
An appeal was filed for both the court ruling and the
CPS appeal paperwork was confirmed by multiple channels including employees and management to reach the appropriate channels. The court hearing was set for ninety days. She also then filed a complaint for Judicial Misconduct.
February 2024
She received confirmation from the state appeal committee but notified her they could not see her before the county had their appeal process.
November 2024
The son of the CPS lawyer attempted suicide and so the hearing was continued to March of the next year.
March 2025
After January communication with her child went completely blacked out for 46 weeks and legal representation confirmed they needed the child to testify which meant the hearing was continued again.
June 2025
The apellette hearing was held by another judge, the victim retained an at-cost court reporter and the accusor's false and malicious testimony was finally appropriately provided to the court - again. Statements on behalf of the defense, witnesses, including the child were continued to the next hearing.
November 2025
The hearing was postponed due to the judge being unavailable due to unforseen circumstances. At this time Wine Cellar gave the child her own phone and she attended mobile visitation every day on the first ring, never complianed or asked for no contact.
January 2026
At this time regular in-person visits were well established every Friday while over-the-phone visits remained the same.
April 2026
After requesting the case file three months ago CPS finally had the case file in order and mailed it out but it was not signed for and so it was returned to sender, and ended up in a different state somewhere.

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Petition created on January 13, 2026