CPS and so many questions
Ok I will try to keep this short and have it make sense, but we are so upset and frantic. We picked up kids yesterday and SD was glad to see us but had many treats in her arms, candy and balloons and a flower. SS was instantly upset and told us police were at BM's home, due to BM's nephew who is much older but still a minor caught touching SD in BM's home the night before! We drove straight to local pd and talked to a cop. He did say yes, police were there, they were still investigating, it was BM's husband that called police to the home while BM was busy driving the nephew back to his hometown, two hours to his own mom who has just gotten him back out of foster care! WTF! No one called my DH, police said they had no idea he was the dad, or that the child was that offended was the nephew from out of town. We were told by cops, that BM and her husband both refused to take SD to hospital, so we took her to the local ER. She is physically alright. The ER has CPS involved now. We are hopeful CPS will be able to help SD and my SS. We are looking forward to getting help for our kids. We have since recieved an email from mom stating that yes, the police are aware of a "minor incident" and we are not to ask kids for any info or talk to them about it. WTF? Who asks like this? Apparantly this terrible event occured when eight kids were sent to play a in a bedroom while BM and her man watched tv downstairs. We are outraged and heartbroken for SD! WE have told he repeatedly she did nothing wrong and nothing is her fault we understand she is just a little girl etc. We have also praised SS for being honest and brave to tell us. What more can we do?? What can we expect??
Now would be an opportune
Now would be an opportune time to file for an emergency ex parte custody order. EG, File for emergency custody for the protection of the children.
Full out no stops I would start this process tomorrow.
Go to your county's family court building and request an emergency temporary custody petition from the Family court clerk, along with any forms that are necessary to accompany the petition. Tell the clerk that you are seeking an immediate hearing, since this is an emergency situation. Be prepared to wait as long as it takes to see the judge, since most courts are very busy and squeeze emergency situations in between already-scheduled hearings.
Enter a petition for custody to be addressed at a later date, whether or not your temporary petition is granted. This way, if your emergency petition is not granted, you are given the opportunity to argue your case at a later date. The only way to pursue permanent or longterm custody is through a standard custody petition.
Get a copy of the Police
Get a copy of the Police Report and any reports from the ER to bring with you to court.
What state are you in? File
What state are you in? File for emergency custody ASAP. Ask the court clerk for all the paperwork and info you will need. Read up on emergency custody online. These sites helped dh and me a lot.
http://www.mrcustodycoach.com/blog/emergency-child-custody-circumstances
http://family-law.lawyers.com/child-custody/emergency-temporary-child-cu...
A lot of rules and regulations vary from state to state but in any state, it's always good to have loads of documentation to prove your case.
I'm glad CPS is involved. Now your sks can live in a safe home and the other kid can get help in juvie in dealing with the abuse he's suffered (I guarantee someone abused him) and maybe also get lots of counseling in juvie so he doesn't do this anymore once he gets out.
Mom saying not to discuss
Mom saying not to discuss this with the kids may be a result of something CPS or the police warned her about.
I'm a mandated reporter. We are told to never question a child about abuse. If the case goes to court, the abuser can claim the child was coached.
Don't initiate the talk. Let
Don't initiate the talk. Let them talk about it. Record if possible. Do not comment or show emotion one way or the other about the incident. It may sound counterintuitive, but it limits the possibility of coaching and the amount of shame the victim may create within.
It may very well have been
It may very well have been minor as the mother said. You weren't specific about what was touched. Did his elbow swipe her buttock and the girl told because that's what she was taught at school?
I'd be leery of overreacting here which will only upset the child even worse and likely end in nothing happening when the dust has settled. Except a traumatized kid.
It would have been a good idea if the BM had told Daddy before he arrived at her house. At this point I don't see the need to yank the kids out of the house - the boy lives hours away and obviously isn't going to be around for quite awhile if ever.