Here's what happened well, this is all the info my sister in-law has given us. My Nephew went to school today, the school called cps which then called her and had her meet cps at the Dr's office to have him evaluated. CPS then kept him and took him to a foster home. They were questioning his scratches and scars that he has all over his body. Now he does have eczema and had chicken pock last year and he does have alot of scars but we all (in-law side) live in Texas while they live in Colorado so I can't say for sure if there are anyother scaring but anyways. CPS said that since all family lives out side of the state they couldn't place him in our care. My brother, his father is in the Air Force and has been over seas for 7 months. Our side of the family is just trying to get as much info on this as we can and they won't give us any and we don't know if she's telling us everything. Since they took him into custody wouldn't they have arrested her or pressed charges? Why is she free?
2006-10-17 19:21:52 · 8 answers · asked by curios 1 in Politics & Government ➔ Law Enforcement & Police
They do not necessarily have to press charges. Especially since it's just the beginning, the investigative wheels are probably just beginning to turn. There may be charges later, but there also may not be.
They press charges in cases like that if the parent has done something criminal to harm the child. The truth is that sometimes parents just cannot cope, and that may especially be true in the case of a military wife whose husband is on deployment.
In a situation like that, state agencies are charged with doing what they consider to be in the best interest of the child. If there is a question about how he got his scars, they may want to do some follow up to find out more about his medical history, but the case worker involved may have thought it most prudent to remove him from the home in case something is going on. If your sister-in-law has not done anything, that should be brought to light in the investigation, and your nephew should be returned to her. If they decide that she has done something to harm him, there may be criminal charges filed, but I doubt that they know all the details this early on, since it just happened today.
I think that someone in your family definitely needs to contact your brother. I know that can be hard to do, but in situations like this, you should receive cooperation from the military. I think it's quite possible that he is the only one who will be able to get the full story from the agency that has taken your nephew, since he's the other custodial parent. I know from friends that trying to find something out, even if you are as closely related as a grandparent or aunt or uncle, can be nearly impossible because of privacy laws.
Contact him. Obviously, he probably will not be allowed to come home, but it is possible he can sign papers that will allow someone in your family to stand in his stead while he is gone. That could be a good thing, because his rights need to be represented if there are problems. For instance, your brother may prefer that if his son needs to be in custody for longer than a few days, that he be sent to Texas, and stay with family. That's all stuff you need to work out.
I hate to sound grim, but I guess I need to also tell you that they don't take kids away from parents for too many mosquito bites. Usually, to remove a child from a parent's custody, they need something fairly substantial. It definitely could be that someone has just misinterpreted something, but it could also be that your SIL is not telling you quite all the details. That's why you need to notify your brother as soon as possible. He needs to assert his parental rights now, so that there is no question if things get weird later on.
You all try to hang in there while you figure out what is going on. I hope everything works out alright.
2006-10-17 19:41:16 · answer #1 · answered by Bronwen 7 · 1⤊ 0⤋
First off, I am not a lawyer. I have worked on Child Welfare Issues.
CPS only has authority over the child, they can't arrest a parent. They can work with the police to press charges against your sister-in-law (I would guess they would NOT take that step).
CPS may take steps to revoke the parental rights of you sister-in-law. It is a big deal to remove a child from the home, and that suggests that CPS thinks there is abuse or neglect going on. However, the family courts will decide what happens to your nephew.
2006-10-17 19:55:54 · answer #2 · answered by SFDHSBudget 3 · 1⤊ 0⤋
The child protective services case worker will most certainly report the matter to the police (in most States this is law), however, unless there is fairly strong evidence of criminal neglect or abuse in the opinion of the police investigator assigned, an arrest is not necessarily mandatory. Remember that the child protection agency and the police are two seperate entities. This being said, usually the removal of a child from a home environment and placement in foster care is a very strong indicator that something serious is amiss. A criminal investigation of the matter is almost certain.
2006-10-17 19:39:34 · answer #3 · answered by CJ 2 · 3⤊ 0⤋
The child protective custody officers did their job which is to immediately remove a child suspected of being abused and place him or her in protective custody. This is a very traumatic experience for both the child and the mother if this is not true and the childs skin problems, scarring et al is simply excema.
The next thing that will happen is a throrough investigation.
Usually, your brother will be the one they are obliged to tell what the heck s going on under the circumstances.
Therefore ask your brother to designate one of you with power of attorney to look into his childs case for him
The child will be most likely in the care of a temporary foster parent right now and safe. If you are in good terms with the mother, it could be a good idea to ask her version of the story.
2006-10-17 19:38:03 · answer #4 · answered by QuiteNewHere 7 · 0⤊ 0⤋
They took him into foster care because they suspect that she abused him. The have no proof so they are not going to arrest her yet. Now the are going to investigate. If they find evidence of abuse they are going to arrest her, if not then he will be returned to her.
2006-10-17 19:29:50 · answer #5 · answered by vampire_kitti 6 · 2⤊ 0⤋
they have to prove she did it. innocent till proved guilty. she needs to get in touch with the father. maybe he can get some leave time to go home and take care of the problem. and when she's proved innocent. tell her to talk to the lawyer about suing there butts.
2006-10-17 19:39:50 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Why won't they tell you anything? oh right, because they're jerks. okay. probably because they don't have evidence, or enough evidence, of abuse.
2006-10-17 22:15:41 · answer #7 · answered by High On Life 5 · 1⤊ 1⤋
http://groups.yahoo.com/group/Eyes_on_CPS/
http://groups.yahoo.com/group/childprotectionreform/
2006-10-17 19:50:35 · answer #8 · answered by mgtysn 2 · 0⤊ 0⤋