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convicted sex offender and child visitation

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worried50

Guest
What is the name of your state?What is the name of your state? CA here is the situation in a nutshell. Prisoner is currently serving time in CA for PC288(A), PC261.5(D), HS11173 (A)and HSM11377(A). Following the arrest her husband left the state of CA with their three children. he has sole custody and is now divorced from prisoner and lives in Missouri. prisoner due to be released april'05. many treatment centers in the past for chronic drug addiction and psychiatric illness (diagnosed borderline personality, bi-polar disorder, drug addiction). sexual crime perprutrated on 13 yr. old boy, not her own children although cps investigated that possibliity. question: will she be able to visit her children? how long is her parole and probation period? can she leave the state with officers permission? how can her children be protected? who makes these decisions? where do we get answers? first time i've ever done this. thanks
 


CdwJava

Senior Member
Her parole officer and the conditions of parole will spell all this out. Chances are she will not be allowed to leave the state without prior arrangements ... and even then, probably not for at least a year or so to see how she is going on parole. And her parole will likely be for several years - and without knowing the original sentencing, it would be difficult to say how many but expect at least 5.

As for seeing her children, that will be up to a court in MO to decide probably. But if there is a legal divorce in place, that custody and visitation order will likely stand for now.

She will need an attorney to see the kids as I doubt ex-hubbie is going to easily allow visitation. Given the charges, I would not want her around MY children.

Carl
 

dequeendistress

Senior Member
I could only see supervised visitation after a court order of such. She will have to follow the conditions of her parole and there will be conditions on travel and reporting.
 
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worried50

Guest
her sentence is 3 years. and it is a fixed sentence. I am one of the grandparents. Are there any laws that automatically protect children from sex offenders even their own children?
 

dequeendistress

Senior Member
an example is...

The following rules are in addition to any court-ordered conditions. Your probation or parole may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of the following rules.

1.You shall avoid all conduct which is in violation of federal or state statute, municipal or county ordinances, tribal law, or which is not in the best interest of the public welfare or your rehabilitation. Some rules listed below are covered under this rule as conduct contrary to law and are listed for particular attention.

2.You shall report all arrests or police contact to your agent within 72 hours.

3.You shall make every effort to accept the opportunities and counseling offered by supervision.

The confidentiality of drug and alcohol treatment records is protected by Federal laws and regulations. Generally programs you are involved in may not say to a person outside the Department of Corrections that an offender is attending the program, or disclose any information identifying him/her as a drug/alcohol abuser unless:

1) You consent in writing; or
2) The disclosure is allowed by a court order; or
3) The disclosure is made to medical personnel in a medical emergency or to a qualified personnel for research, audit, or program evaluation; or
4) You commit or threaten to commit a crime either at the program or against any person who works for the program.

Programs that contract with the XXX__________ can release information to ________ of Corrections staff.

Violation of the Federal law and regulations by a program is a crime. These regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate authorities.

Refusal to sign the consent for releasing information, including placement for treatment, shall be considered a refusal of the program.

4.You shall inform your agent of your whereabouts and activities as he/she directs.

5.You shall submit a written report monthly and any other such relevant information as directed by your agent.

6.You shall make yourself available for searches or tests ordered by your agent including but not limited to urinalysis, breathalyzer, DNA collection and blood samples or search of residence or any property under your control.

7.You shall not change residence or employment unless you get approval in advance from your agent, or in the case of emergency, notify your agent of the change within 72 hours.

8.You shall not leave the State of ________ unless you get approval and a travel permit in advance from your agent.

9.You shall not purchase, trade, sell or operate a motor vehicle unless you get approval in advance from your agent.

10.You shall not borrow money or purchase on credit unless you get approval in advance from your agent.

11.You shall pay monthly supervision fees as directed by your agent in accordance with _____statute, DOC Administrative Rule Chapter ________and shall comply with any department and/or vendor procedures regarding payment of fees.

12.You shall not purchase, possess, own or carry any firearm or any weapon unless you get approval in advance from your agent. Your agent may not grant permission to carry a firearm if you are prohibited from possessing a firearm under ***State code_______, the Federal Gun Control Act (GCA), or any other state or federal law.

13.You shall not, as a convicted felon, and until you have successfully completed the terms and conditions of your sentence, vote in any federal, state or local election as outlined in ****State code______________

14.You shall abide by all rules of any detention or correctional facility in which you may be confined.

15.You shall provide true and correct information verbally and in writing, in response to inquiries by the agent.

16.You shall report to your agent as directed for scheduled and unscheduled appointments.

17. You shall submit to the polygraph (lie detector) examination process as directed by your agent in accordance with _____state admin code...

18. You shall pay fees for the polygraph (lie detector) examination process as directed by your agent in accordance withState Administrative Code ________ and shall comply with any required State ______Department of Corrections procedures regarding payment of fees.

19.You shall follow any specific rules that may be issued by an agent to achieve the goals and objectives of your supervision. The rules may be modified at any time, as appropriate. The specific rules imposed at this time are stated below. You shall place your initial at the end of each specific rule to show you have read the rule.

A) You shall have no contact with any person under the age of 18 without prior agent approval and a pre-approved supervising adult present. The adult must be pre-approved by your agent.

B) You shall not establish a dating, intimate, or sexual relationship with anyone without prior approval of the Probation/Parole Agent and/or treatment clinician.

C) You shall not consume, ingest, or possess alcoholic beverages, illegal or non-prescription drugs.

D) You shall enter and successfully complete sex offender programming as recommended by agent at an approved treatment facility. You shall pay for the programming as ordered.

E) You shall participate in sex offender testing, evaluation, and assessment as directed by your agent.

F) You shall not reside near, visit or be in or about parks, schools, day care centers, swimming pools, beaches, theaters, or other places where children congregate without advanced approval of agent and a pre-approved supervising adult. Incidental contact with children must be reported within 24 hours.

G) No contact with any adult or child victim or their families without prior agent approval.

H) You shall not be in or near any establishment whose sole purpose is the sale of alcohol.

I) You shall not possess any sexually explicit or erotic materials or be in or in the parking lot of any establishment whose primary business is the sale of sexually explicit or erotic materials.

J) You shall not reside overnight in any residence other than your designated residence without prior approval from your agent. You must be in your approved residence from 11:00 pm to 5:00 am unless you have prior agent approval.

K) Face to Face Contact: You shall report to, and register with, the local police department and county sheriff's office within 10 calendar days of any temporary or permanent change in residence, or as directed by your agent.

L) Registration change of information: You shall, in accordance with State code_______, report any changes, whether temporary or permanent, of your residence, employment, school enrollment, use of vehicle and change of name immediately, or no later than within 10 calendar days of the change.

M) You shall permit no juvenile or adult to reside or "stay" overnight in your designated residence at any time without the prior approval of the agent.

N) You shall not purchase, possess, or use a home based computer, software, hardware or modem without prior agent approval.

O) You shall not possess any instrument which can be used to subdue or restrain another person including to but not limited to handcuffs, or any other restrains unless approved by your agent.

P) You shall not work or socialize in any capacity that will put you in contact with any vulnerable population including children, psychologically impaired persons, the elderly, developmentally disabled, non-English speaking, etc.

Q) You shall not alter your identity in any manner whatsoever including but not limited to changing your name, wearing a law enforcement officers badge, wearing a disguise or changing your physical appearance without prior agent approval.



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These orders may differ from state to state and case by case..but I thought it was a good example.
 
W

worried50

Guest
This is marvelous and much appreciated. thanks, worried50
 

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