9 year old daughter molested while in states custody

[Aaarf16]

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

 

[quincy]

That's horrible. Can you expand on this, please?

 

[CdwJava]

Is this a foster parent situation? Has the molestation been confirmed (i.e. investigated and charged/prosecuted)? Or, is this simply an allegation based upon some rumor or statement?

 

[Aaarf16]

She started acting out in school and had some behavior issues. I am allowed a bisit twice a month and On Dec 22 that was the day she told me that she was molested twice by a 16 year old and an 11 year old boy. Our caseworker has known about it and to this day has failed to mention it. I havent told her anything because i want to see how long it would take for her to tell me. Ive always protected my kids. I have my 9 yr old daughter and 3 sons ages 2, 7, 8 that are in states care. Its been a year and a half of hell. My kids were removed for no reason at all. Its a long story. What do I do about this? Im going crazy. How can i protect her if shes not with me?

 

[OHRoadwarrior]

You file a report with the police in the jurisdiction it happened.

 

[Aaarf16]

It came out of my daughters own mouth and nothing has been done that Im aware about. Im furious because my caseworker has known about it for a while and i just recently found out thru my daughter. Caseworker has failed to mention it to me to this day.

 

[Aaarf16]

How can I if it happened when she was in the care of the state of Texas. Nobody has talked to her or has checked her out like in a hospital.

 

[Aaarf16]

Should I talk to an attorney or what should I do? The state of texas failed to protect my daughter.

 

[CdwJava]

Depending on the specific nature of the act alleged, a hospital visit may provide zero evidence and maximum trauma to the child. Most molestations will not go to a doctor simply because there is no evidenciary value in doing so and the trauma inflicted on the child is not worth the minimal possibility of any evidence being obtained.

And, depending on the issues that have resulted in you losing custody of the child, the caseworker and others may have no legal obligation to tell you diddly ... in fact, they may not be permitted to. It is also important to consider that a great many of these allegations turn out to be false. All because she says something happened does not mean that anything did, and I can cite a host of reasons why this might be the case, but they would be mere speculation at this point.

If you believe that she has been molested in some fashion, notify the law enforcement agency with jurisdiction where it allegedly occurred and let them deal with it.

 

[CdwJava]

Should I talk to an attorney or what should I do? The state of texas failed to protect my daughter.

You are free to talk with an attorney, but, first something needs to be done to determine if the act actually occurred and how. And the state may not be at fault at all. Depending on the facts, if the incident occurred, it may well have occurred if you were watching the child ... should you then be sued by the state for failing to protect your child?

Until all the facts are in, you might simply be spending thousands of dollars on a retainer for nothing. But, consultations are often free so you can talk, sure.

 

[quincy]

Should I talk to an attorney or what should I do? The state of texas failed to protect my daughter.

The state of Texas has failed to protect a lot of children, which is why US District Court Judge Janis Jack ruled in December 2015 against the Texas Child Welfare system in a class action suit filed by the Children's Rights Organization on behalf of M.D. and at least 12 other plaintiffs.

Here are links to information on the case (which also provide a link to the case for download):

Children's Rights Organization: http://www.childrensrights.org/class_action/texas/#

Texas Tribune: http://www.texastribune.org/2015/12/17/judge-foster-care-system-violates-childrens-rights/

I think that you should speak to an attorney in your area. The stories told by children of molestation while in the state's "care" and custody should be taken seriously.

 

[CdwJava]

But, it should be remembered that the mere statement is not sufficient to support either a claim, a prosecution, or any other action. False claims by juveniles are, statistically, quite high. Hence the reason that the police should be notified if the real reason is to protect the child and pursue the perpetrators. if ALL you want is $$$ then by all means, ONLY talk to an attorney.

 

[quincy]

But, it should be remembered that the mere statement is not sufficient to support either a claim, a prosecution, or any other action. False claims by juveniles are, statistically, quite high. Hence the reason that the police should be notified if the real reason is to protect the child and pursue the perpetrators. if ALL you want is $$$ then by all means, ONLY talk to an attorney.

I am not fond of your implication, CdwJava, that if Aaarf16 contacts an attorney it means Aaarf16 is more interested in money than the welfare of his daughter. That is a serious mischaracterization of the role attorneys play. Attorneys are not just lawsuits and dollars. Attorneys protect the rights of their clients.

The rights of the nine year old already may have been severely violated by the state if the Texas caseworker did not report the possible molestations to the police when the girl first reported them to the caseworker. Judging by the statistics gathered by child advocates in preparation for the class action suits, the true claims of various abuses suffered by juveniles in state care are also quite high.

While I don't argue that contacting the police would be smart, having an attorney protect the child prior to and during and after any police investigation is just as smart. There should not be a report made to the police or a police investigation into the molestation claims made by the child without an attorney in place to advise, guide, and protect the child.

 

[CdwJava]

I am not fond of your implication, CdwJava, that if Aaarf16 contacts an attorney it means Aaarf16 is more interested in money than the welfare of his daughter. That is a serious mischaracterization of the role attorneys play. Attorneys are not just lawsuits and dollars. Attorneys protect the rights of their clients.

Fond or not, I am concerned that his thoughts do not appear to involve actually protecting the child only playing games ... waiting to see if the caseworker says something, contacting an attorney, etc. I do not see where he has written that he has contacted the police at all.

Look, I have seen a lot and maybe its jaded me. I have seen a great many parents who have lost custody make allegations against CPS and foster agencies in an effort to "extort" money from the system ... i.e. to profit from their child - the last abuse, so to speak. Of course, that may not be the OP's motivation at all, he may merely lack the focus to understand that nothing may get done until he says something, or, that he may be legally out of the loop. The point is, there are people who will make allegations solely to profit from the allegation and I have seen it time and time again.

The rights of the nine year old already may have been severely violated by the state if the Texas caseworker did not report the possible molestations to the police when the girl first reported them to the caseworker.

And we do not know they have not been - and the OP has not inquired or made his own report. This makes me suspect of his motivations.

While I don't argue that contacting the police would be smart, having an attorney protect the child prior to and during and after any police investigation is just as smart.

Except that if the parent had no legal rights to the child, the attorney would not, either. This is a situation where the child appears to be a ward of the court for whatever reason. if dad has supervised visits, it's because he is at least suspected of exposing the child to some harm! If the police get involved that can trigger other legal avenues such as a change of placement, a GAL, etc. Right now, we don't know anything and apparently neither does the OP. And, it is likely that he cannot legally be informed of events surrounding the child so even if something is being done, child services may not be able to tell him.

There should not be a report made to the police or a police investigation into the molestation claims made by the child without an attorney in place to advise, guide, and protect the child.

And that attorney would have to be brought in by the court if the child is a ward of the court. If the parent lacks the legal responsibility for the child, then no attorney he hires will be able to act in that child's interest ... particularly if the child was removed from custody as a result of some action or inaction by dad that led to harm or demonstrable risk of harm.

 

[quincy]

Fond or not, I am concerned that his thoughts do not appear to involve actually protecting the child only playing games ... waiting to see if the caseworker says something, contacting an attorney, etc. I do not see where he has written that he has contacted the police at all.

Look, I have seen a lot and maybe its jaded me. I have seen a great many parents who have lost custody make allegations against CPS and foster agencies in an effort to "extort" money from the system ... i.e. to profit from their child - the last abuse, so to speak. Of course, that may not be the OP's motivation at all, he may merely lack the focus to understand that nothing may get done until he says something, or, that he may be legally out of the loop. The point is, there are people who will make allegations solely to profit from the allegation and I have seen it time and time again.

And we do not know they have not been - and the OP has not inquired or made his own report. This makes me suspect of his motivations.

You are right. I have read Aaarf16's posts differently than you. I do not see any "profit" motive in the concerns he expressed. I see a dad who doesn't know what to do to help his daughter.