Please Help

[Feeling_Lost]

What is the name of your state (only U.S. law)? NV

Our children were removed from our home by CPS because of domestic violence allegations. The children have been in State custody for over 7 months. I, the mother, was charged with failure to protect and my husband plead no contest to the allegations.

My question is, although my husband is working his case plan and is working towards re-unification, I was just informed that the DA is still going to press criminal charges against him. Can charges still be pressed, after all this time, and even though he already plead no contest to the CPS charges?

Thank you.

What is the name of your state (only U.S. law)? Nevada

 

[Ohiogal]

What is the name of your state (only U.S. law)? NV

Our children were removed from our home by CPS because of domestic violence allegations. The children have been in State custody for over 7 months. I, the mother, was charged with failure to protect and my husband plead no contest to the allegations.

My question is, although my husband is working his case plan and is working towards re-unification, I was just informed that the DA is still going to press criminal charges against him. Can charges still be pressed, after all this time, and even though he already plead no contest to the CPS charges?

Thank you.

What is the name of your state (only U.S. law)? Nevada

Yes. CPS is not involved with CRIMINAL charges. Rather CPS deals with a quasi-civil venture. The DA is well within his realm to press criminal charges against your husband and -- quite frankly -- against you.

 

[mistoffolees]

Yes. CPS is not involved with CRIMINAL charges. Rather CPS deals with a quasi-civil venture. The DA is well within his realm to press criminal charges against your husband and -- quite frankly -- against you.

Frankly, if it were me, he'd be out on the street until he gets clean with CPS to the point where he could see the kids again. I'd go back to CPS and say "he's gone, can I have my kids back?" Given that you were charged with 'failure to protect', it's not going to be trivial, but it's likely that if you get him out of there and maybe take a class and fill out a care plan that you could get your kids back.

 

[stealth2]

I was thinking the same as misty - WHY is this guy not out the door at this point? You'd think HE would leave himself, in the hopes of his children at least being able to be home with Mom.