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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Question Failure to Protect

    My question involves child abuse or neglect in the State of: CA
    My daughter's husband threw a remote at her, while she was holding my grandson, during an argument. She called 911 and reported him and kicked him out of the residence. She and I both agree that thier relationship is over.He was also charged and on probation for a pryor felony for a similair incidence. He was susequently let out on probation. A detective kept calling my daughter and telling her she should not let the husband around. She said she was not intending to. He never told her who he worked for only that he was a detective. She finally told the det. she did not feel comfortable talking to him on the 4th call from him. 2 days later, CPS was at her door telling her they were taking my grandson because my daughter failed to file a restraining order against her spouse. They told her she was putting her son in danger even though the spouse was gone from the residence! The CPS case worker left the child with my daughter.We went to court and have another date to appear again next month. He was made a ward of the court at the initial hearing. In the CPS report it states this:"as a result of the failure or inability of his or her parent or legal guardian to supervise or protect the child adequetly". The case worker wrote that ongoing domestic violence and subsequent uncoperativeness by my daughter in assisting the prosecution of the childs father places the child at risk.
    She has a court appointed attorney. The judge gave her parenting classes etc. and return in front of a new judge next month. What will happen? If she does what they say will they still take him?
    I can not get my mind around this! what do we do?

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Failure to Protect

    impossible to even begin to access the situation without knowing the background. If the caseworker has proof that there is ongoing domestic violence in the household they are within their rights to do whatever means to protect that child.

    One thing i don't understand with your claim is the child was made a ward of the state, however was never taken from the parents custody.

    I would advise her to cooperate with the investigation in every way possible, they are looking into the best interest of the child.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Failure to Protect

    Sorry, I should have been more precise in my wording. Let me explain. After the police came one of the officers asked her during the conversation how many fights they had had before. She stated about 30. Problem is, she meant fight as in arguments, they took it as in physical altercations. Well when we went to court she tried ti explain and her attorney told her,"Look, we get women in here every day that go back to thier abusers so of course they dont believe you when you tell them it was a mistake." She also told my daughter that she was very lucky that a different judge than the one she was supposed to see was hearing the case or they would have taken the child for sure. We have all explained to my daughter that at this point her side does not matter. Just to do what the court tells her. She has agreed and is doing so. And yes, the childs custody was placed in the state with physical custody temporarly given to my daughter. It states that father is to have no contact. I dont get this either as I teach Parenting classes and I worked for the school system for many years and had been involved in the reporting of abuse before. Make any more sense to anyone else?

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Failure to Protect

    well temporary custody is different. The state can take the child at will for mere speculation or information that the child is at danger.

    Normally and im not saying it will happen in your instance but normally after the parent maintains that safe period where he/she complys with the requirements and proves the safey of the child, the child is then returned to the custody of the parent. weekly/Monthly visits and or interviews will probably be something that will be forced upon her for a bit after the child is returned.

    I would reiterate to her that she needs to keep her distance from the father and do as child services/judge tell her to do and things should go smoother. Once again this is normally, no one can tell you for sure as they will take the background/past history of the subjects involved. hope this helps

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Failure to Protect

    This information may be helpful.

  6. #6
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Failure to Protect

    Thank toy Donny and Aaron!! The link was very helpful!

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