5 year old niece being abused, please help!!?

Question

My niece has been self-reporting sexual abuse since she was 2.5 years old. The initial report was never properly investigated because it was involved in my sister's divorce. (My sister left after my niece reported) She was accused of filing false allegations despite the fact that DCS never conducted a thorough investigation. My niece has been seen by many professionals who subsequently reported the abuse but it still was not investigated because she no longer lived in the county where it occured. My niece's reports to the professionals were ignored because she was too young to self-report, apparently you have to be at least 5. Well, this Friday, my niece (now 5.5) told her school counselor that her dad was abusing her. The counselor reported it to the agency where the abuse occured but they did not seem concerned... My sister cannot afford an attorney and legal aid won't help unless the abuse is "substantiated by DCS" which would require them to do an investigation, any ideas?

the primary problem here is that the Division of Children's Services (in Indiana) is not investigating despite my sister's (and the professionals') many requests. In the mix is a custody issue and the fact that my sister lives in a different state. My sister is legally obligated to take my niece to her father's. He has already taken her to court on several occasions for contempt and she does not have a lawyer (or any means to afford one). She also has a new baby (with a different man) and cannot "go on the run" due to this, my niece's anxiety issues, and her own health issues.

Also, a physical exam is (supposedly, according to the previous legal aid lawyer from the divorce) inadmisible in court.

We are all very frustrated with the situation, but without legal help are afraid to do anything rash... All of the obvious (and lethal) illegal options have occurred to us... ;(

Thank you all for your support and suggestions.

Answer 1

THE STATES CANNOT IGNORE AN ALLEGATION OF ABUSE--SO SORRY TOO HEAR--MEDICAL PROFESSIONALS SHOULD HAVE BEEN CALLED INTO THE VERY FIRST ALLEGATION--HERE YOU GO

1. FEDERAL LAW PL:103-358--CHILD ABUSE ACCOUNTABILITY ACT--OCT 14 1998--5 USC 8331

2. FEDERAL LAW PL: 106-177 CHILD ABUSE PREVENTION ACT-MARCH 10, 2000--42 USC 3711

THESE TWO LAWS LAID DOWN FOUNDATIONS FOR STATES TO ADHEARE TOO OR LOSE FEDERAL FUNDING

THE ACCOUNTABILITY MADE IT THE STATES RESPONSIBILTY TO ACCOUNT FOR ALL CASES REPORTED AS FOUNDED, UNFOUNDED OR UNDER INVESTIGATION

THE PREVENTION ACT MADE IT A STATES RESPONSIBILITY TO SEE THE CHILD ABUSE WAS PREVENTED WHERE IT OCCURRED--MANY STATES HAVE VERY GOOD LAWS ON THE BOOKS AND A DETAILED ACCOUNT OF WHAT MUST BE DONE WHEN A REPORT COMES INTO DHR

SEE ILLINOIS LAW ON INTERNET 37 PAGES OF DETAIL ACCOUNTABILITY AND REPORTING BY TEACHER, FAMILY, FRIENDS, DOCTORS ETC AND A STEP BY STEP PREVENTION OF CHILD ABUSE--ONE OF THE BEST I HAVE SEE--IF THE DHR DOES NOT DO IT'S JOB THEN THE STATES ATTORNEY GENERAL SHOULD BE ADVISED OF THE ALLEGATIONS--I AGREE SHE WAS AT 2 YOUNG BUT A VAGINAL SEARCH BY A QUALIFIED PHYSICIAN WOULD HAVE FOUND EVIDENCE OF ABUSE AND THE WARRENT OF AN INVESTIGATION--CHILDREN DO NOT KNOW WHAT IS HAPPENING AND ARE ABUSED BECAUSE OF AGE, BUT PROPER FOLLOW UP WITH IN 72 HOURS CAN SHOW ABUSE--FAILURE TO REPORT AND EXPLORE THESE ABUSES ARE A VIOLATION OF FEDERAL LAW AND IF THE STATE DOES NOT WANT TO INVESTIGATE THE ALLEGATIONS THEN GO TO FEDERAL COURT AGAINST THE STATE FOR NOT PROTECTING THE CHILD FROM A PREDITOR

Answer 2

You or your sister needs to contact the DCS office or the police directly and insist the case be investigated. In the meantime, your other option would be to refrain from letting the dad see the child until it is investigated. That is an extreme measure which may subject your sister to liability but I think if the abuse is occuring and you are confident that it is occurring then you need to take whatever actions necessary to prevent it. If that means violating a custody order than I personally wouldn't hesitate to do so.

Again, before taking that action, you need to be as close to 100% sure as you can be. It sounds like it has been confirmed. Have you taken the child to the hospital for examination? If so called "professionals" have reported it then it must be documented in some way. Why are you continuing to let this person have access to this child?

Answer 3

My first reaction would be to torture and kill this bas*ard..but then you'll be of no help to your sister and niece. This is so sad how children "fall through the cracks" of society and not a da*mn person does anything!!!! Some people just sit around and say "ehh, they won't do it again" or "it's not this or that"....this kind of crap is all to common and the sick thing is that it is usually the one person you are supposed to trust. Been there...done that. I applaud you for your concern and need to help your sister and niece. Unfortunately, in my family, everyone wants to "look the other way" and pretend the crap never happened or all out lie about it!! This is one of the many reasons why I have no contact with my parents anymore-despite the fact that ANYONE understands why...or cares for that matter. Whatever. I say scream it from the roof tops and get every stinking body I could involved and FOR GOD'S SAKE-DON'T LET THIS LITTLE GIRL GO BACK!!! SCREW the divorce bullsh*it!! This little girl does NOT need to go back at any costs!! I'd freaking throw myself in front of a bullet or Mac truck to keep this little girl away from that SICKO!!! PLEASE GET HER HELP!!! PLEEEEAASSEE!!!!!

Answer 4

Talk to the barr association in your state, or talk to an attorney and ask for a pro-bono- case (for free). File an official complaint, write letters to the police department, governor or other high ranking official (especially if it is election year) write a letter to the editor of the newspaper or call the newspaper for help...other than that, take matters into your own hands and remove the child from the dangerous situation..do not delay action must be taken now.

Make as much noise as you can to as many people as you can.

Another avanue it to contact a woman's shelter for battered and abused women and children, have your sister take the child(ren) there and the shelter will have resources to help.

Act now, good luck and god speed.

Answer 5

Pull out the stops! Do everything you can including talking to the press to help her! Here is a web site with information on reporting it: http://www.darkness2light.org/GetHelp/reporting.asp -- they also list state agencies you can contact here: http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172

Answer 6

I'm so sorry. Go to the school, the police, anyone with your niece and talk to them about it. This should be resolved asap, because it's absolutely terrible for a little kid to be abused. Please get help for her!

Answer 7

I have no idea why this stuff falls throught the cracks maybe you should confront the father..no idk gosh its so hard just talk to a social worker personally or a police officer? They might be able to help once you tell them whats goin on.

Answer 8

Good God, DO SOMETHING Quick!