Child protective Services : Can they be sued/ charged for neglect?

[unicorn4470]

I live in PA. My local child protective services were given an alligation from the state call center. The case worker that was supposed to investigate the alligation had over the phone as well as in person had told the mom, and both of her parents that she would not investigate this allegation. And she has not investigated any allegations made against my grandaughter's father. And there has been multiple alligations made against him. Normally called in from emergency room doctors. My actual question is: Since the agency is against investigating any and all alligations against this man can charges be pressed for endangering the welfare of a child? And if so, what lawyer would take this on as pro bono and where would I find such a lawyer?

 

[mistoffolees]

I live in PA. My local child protective services were given an alligation from the state call center. The case worker that was supposed to investigate the alligation had over the phone as well as in person had told the mom, and both of her parents that she would not investigate this allegation. And she has not investigated any allegations made against my grandaughter's father. And there has been multiple alligations made against him. Normally called in from emergency room doctors. My actual question is: Since the agency is against investigating any and all alligations against this man can charges be pressed for endangering the welfare of a child? And if so, what lawyer would take this on as pro bono and where would I find such a lawyer?

It CAN be done, but the burden of proof is fairly high. There was a recent case in my state where CPS was found guilty because a number of children had died due to neglect on the part of CPS.

The problem you're going to have is:
- CPS can only act if the child is in real danger, not simply because you don't like what the parent does.
- CPS investigations are confidential, so I don't have any idea how you know that they didn't investigate.
- The case worker is free to not pursue formal investigations if they do not have credible reason to believe that abuse might have occurred. The fact that they didn't do a formal investigation of your daughter's complaint doesn't mean that they haven't investigated the other complaints.

Finding an attorney? Call around - but don't be surprised if no one is interested in pursuing it unless there's pretty solid evidence of neglect on the part of CPS.

So what's the story? What is this terrible abuse and what factual evidence is there?

 

[unicorn4470]

First off the dad was accused of sexual abuse. As per the child, dad was touching her in the most inappropriate way! And yes the prior alligations were so called investigated and we were constantly told that because she wasn't able to verbally tell anyone what had taken place they couldn't do anything (she was under the age of 3). She was not talking when she really should have been, she had come home really vaginally red, etc. The other alligations that were made since the sexual abuse, CYS will not even entertain. I'm not a little kid who's going to complain about how dad is treating a child just because I don't like him. Or because the child is coming home with little black and blue marks on her legs. Keep the snide comments to yourselves, I don't need them.
It's alittle hard to not know that CYS was not going to investigate the alligations when the caseworker had stated directly in front of me that she would not investigate.

 

[stealth2]

Of course, OP has no standing to sue anyone.

 

[mistoffolees]

First off the dad was accused of sexual abuse. As per the child, dad was touching her in the most inappropriate way! And yes the prior alligations were so called investigated and we were constantly told that because she wasn't able to verbally tell anyone what had taken place they couldn't do anything (she was under the age of 3). She was not talking when she really should have been, she had come home really vaginally red, etc. The other alligations that were made since the sexual abuse, CYS will not even entertain. I'm not a little kid who's going to complain about how dad is treating a child just because I don't like him. Or because the child is coming home with little black and blue marks on her legs. Keep the snide comments to yourselves, I don't need them.
It's alittle hard to not know that CYS was not going to investigate the alligations when the caseworker had stated directly in front of me that she would not investigate.

Sorry, but CPS investigated and found no grounds for action. I don't know what you want them to do. "Guilty until proven innocent" never caught on in this country.

Vaginal irritation is common at that age - even without abuse. The fact is that you have no evidence of abuse nor do you have evidence that CPS failed to investigate. And what "snide comments" are you referring to?

Of course, OP has no standing to sue anyone.

Right. I should have specifically stated that and that Mom is the one who should be looking for an attorney if she is concerned.

 

[CdwJava]

A witness to the events can call the CPS office and speak to a supervisor with their complaints.

It is also possible that the matter has been looked into as far as it can be at this point. There are limitations to what they can legally do if they uncover no evidence of actual abuse. And understand that redness in the vaginal area on a small child can be caused in a number of different ways, sexual molestation and penetration just one of them.

I worked juvenile crimes for a good amount of time and supervise my agency's investigations unit now. It is rare that you can substantiate a case like this. Even with a doctor's testimony that the visible abrasions or inflammation is "consistent" with digital penetration, it is rarely conclusive. And, in most such cases we found that there were other causes for the redness and swelling that had nothing to do with abuse.

If the family feels the child is being abused and cannot get anyone to pursue the matter for a lack of evidence, then they should simply continue to keep the child away from suspected the abuser.

 

[mistoffolees]

A witness to the events can call the CPS office and speak to a supervisor with their complaints.

It is also possible that the matter has been looked into as far as it can be at this point. There are limitations to what they can legally do if they uncover no evidence of actual abuse. And understand that redness in the vaginal area on a small child can be caused in a number of different ways, sexual molestation and penetration just one of them.

I worked juvenile crimes for a good amount of time and supervise my agency's investigations unit now. It is rare that you can substantiate a case like this. Even with a doctor's testimony that the visible abrasions or inflammation is "consistent" with digital penetration, it is rarely conclusive. And, in most such cases we found that there were other causes for the redness and swelling that had nothing to do with abuse.

If the family feels the child is being abused and cannot get anyone to pursue the matter for a lack of evidence, then they should simply continue to keep the child away from suspected the abuser.

That may be difficult since the alleged abuser is the child's father.

 

[CdwJava]

That may be difficult since the alleged abuser is the child's father.

For some reason I was thinking grandfather.

All the same, they can take the issue up with the Family Court and see if they can get some traction there. But, without any evidence, there would be little to do.

It is exceedingly rare for a parent to actually commit such a molestation, though very common for there to be such accusations if the relationship is mutually hostile. I suspect that CPS was unable to show that there was enough to go on and has documented the incident as unsubstantiated.

 

[mistoffolees]

For some reason I was thinking grandfather.

All the same, they can take the issue up with the Family Court and see if they can get some traction there. But, without any evidence, there would be little to do.

It is exceedingly rare for a parent to actually commit such a molestation, though very common for there to be such accusations if the relationship is mutually hostile. I suspect that CPS was unable to show that there was enough to go on and has documented the incident as unsubstantiated.

And even when the parent actually does do it, it is rare that there's enough evidence to make a case.

It would be nice if there were a way to prevent any and all child abuse, but that just doesn't exist.

It sure sounds to me like the bolded is correct. CPS is not saying it didn't happen, just that there's nothing that they can do based on the evidence they have.