How to Oppose an Emergency Removal of a Child from the Home
My question involves child abuse or neglect in the State of: WASHINGTON
(Sorry it's long..I wanted to provide ALL pertinent information)
I am attempting to help my neighbor through the following. I am looking for any helpful input, laws, questions to ask and assistance identifying any way to bring this child home.
Let me say that I do NOT believe that this child is in ANY danger at his mother's home, or I would NOT be helping.
Info:
"Kelly" has had her 2 yr old neice "Z" at her home for the past 7 months. She is happy & healthy. She also has a 6 yr old son, "D".
For the past 5 months she has regularly provided childcare for her friend "M"- 2 of her children, "Jen" (8) & "Jerry" (6). By regularly, I mean sometimes nearly every day, from after school to the next morning.
In addition, 12 years ago Kelly lost her 2 daughters (ages 1 & infant) due to abuse. She was convicted of that abuse.
On March 25, Kelly noticed that Z had a massive diaper rash upon returning from childcare. It was so bad that there was traces of blood in her diaper. She immediately sent daycare photos of the rash. No response.
She does NOT have control over which daycare is used, this was set by the mother who is currently being charged with abandonment.
Fast forward to last week. Kelly dropped off Z at daycare. The provider there called CPS stating the child looked like shed been abused. CPS/police removed Z immediately and left notice at Kellys residence.
Cps stated Z had "burn marks on her arm and extensive bruising on her arms & buttocks.
The 2 children that Kelly watched for her friend had apparently been hitting Z with a wooden spoon when she wet herself. We are unsure what the "burns" are, but Kelly denies involvement.
Kelly took D to the dr immediately for a COMPLETE checkup, and received paperwork stating he found ZERO evidence of any abuse.
Yesterday CPS/police removed D from the home, acknowledging that they saw NO signs of abuse, that they removed him out of an abundance of caution because of Z's "injuries" and Kellys history.
There is a shelter care hearing tomorrow. I do believe it's in D's best interests to be returned to his mother.
My questions are following:
The best way to prove she is the best placement?
Is it helpful to ask about any resources available that would assist in allowing the child to remain with his mother.
What laws/guidelines/information would be helpful in this case, knowing that he has NOT been abused?
Any other information/assistance you can provide.
Thanks!
Re: Shelter Care Hearing -Assistance/Info Request
Your friend needs an attorney. It is doubtful this,will be resolved tomorrow.
Re: Shelter Care Hearing -Assistance/Info Request
Thank you. She will be provided an atty because she is indigent, but we all know their workload, and often inability to COMPLETELY immerse themselves in the case. She cannot afford a paid atty.
I have experience with our court system, I am just unfamiliar with this issue.
Re: Shelter Care Hearing -Assistance/Info Request
She needs to deal with her PD. You can research all you want but legally have no say in this. The attorney can't tell you anything either. The child is going to remain out of the home until that case is resolved - that's just the bottomline. Until they can deem it a safe environment, she's not getting that kid back.