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Do I Have A Case?

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

Background: I have 4 children, single parent, 2 boys 2 girls. Boys are 14 and 10. My 14 yo son was a competitive shooter with the 4H program and owned his own rifle. I do not allow ammo in my house for safety. When he shoots, we buy ammo and expend it all at the range.

All kids went to camp where they did target practice. Kids got home July 6. July 17, I was typing a paper, boys were in their room, 14 yo was cleaning his rifle because we were going to the rifle range later that day. Unbeknownst to me, the 14yo brought ammo home a clip of ammo from camp. After cleaning his rifle, child put clip in the rifle. Yes, he knew better, still did it. He and his brother were screwing around in their room. I was writing a paper and had not gone in to put the bolt lock back on the rifle for safety. 14yo accidentally shoots 10 yo in the hand. ER, hospital stay, CPS investigation later. I get a letter in the mail today saying that CPS has found that their case is substantiated of neglect for the accident that happened.

Their wording:
The report of neglect with regard to XXXX XXXX is substantiated at this time. XXXXX allowed her son who as been known to bull and be aggressive towards his siblings; unlimited access to a .22 rifle which resulted in injury to her 10 yo son YYYYY. XXXXX has previous military experience and has received extensive training regarding weapon safety and is fully aware that guns are not toys. However, xxxxx allowed a weapon that was perceived to be unloaded to be kept by her physically aggressive 14 yo son in his room to play with at will. By allowing UUUU to have unsupervised access to the gun, he was able to load bullets into the weapon without her knowledge and then use the gun as a toy in a game which resulted in his brother being shot.

Do I have a case to appeal?
Which their comments of bullying and physically aggressive are not substantiated. There is no case history of him physically assaulting anyone.
 


Zigner

Senior Member, Non-Attorney
The inaccuracies you are complaining about have no bearing on why you were found to be negligent.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Kentucky

Background: I have 4 children, single parent, 2 boys 2 girls. Boys are 14 and 10. My 14 yo son was a competitive shooter with the 4H program and owned his own rifle. I do not allow ammo in my house for safety. When he shoots, we buy ammo and expend it all at the range.

All kids went to camp where they did target practice. Kids got home July 6. July 17, I was typing a paper, boys were in their room, 14 yo was cleaning his rifle because we were going to the rifle range later that day. Unbeknownst to me, the 14yo brought ammo home a clip of ammo from camp. After cleaning his rifle, child put clip in the rifle. Yes, he knew better, still did it. He and his brother were screwing around in their room. I was writing a paper and had not gone in to put the bolt lock back on the rifle for safety. 14yo accidentally shoots 10 yo in the hand. ER, hospital stay, CPS investigation later. I get a letter in the mail today saying that CPS has found that their case is substantiated of neglect for the accident that happened.

Their wording:
The report of neglect with regard to XXXX XXXX is substantiated at this time. XXXXX allowed her son who as been known to bull and be aggressive towards his siblings; unlimited access to a .22 rifle which resulted in injury to her 10 yo son YYYYY. XXXXX has previous military experience and has received extensive training regarding weapon safety and is fully aware that guns are not toys. However, xxxxx allowed a weapon that was perceived to be unloaded to be kept by her physically aggressive 14 yo son in his room to play with at will. By allowing UUUU to have unsupervised access to the gun, he was able to load bullets into the weapon without her knowledge and then use the gun as a toy in a game which resulted in his brother being shot.

Do I have a case to appeal?
Which their comments of bullying and physically aggressive are not substantiated. There is no case history of him physically assaulting anyone.
Are you being charged with a crime? If you are, you should get an attorney.
 
I found this on the web
Which it seems that neglect is in the case unless its an accident. Which the investigating police officers said it was an accident.
DEFINITIONS OF CHILD ABUSE, NEGLECT AND DEPENDENCY
KRS 600.020 states:
(1) Abused or neglected child" means a child whose health or welfare is harmed or
threatened with harm when his parent, guardian, or other person exercising custodial
control or supervision of the child:
(a) Inflicts or allows to be inflicted upon the child physical or emotional injury as
defined in this section by other than accidental means;
(b) Creates or allows to be created a risk of physical or emotional injury as defined in
this section to the child by other than accidental means;
(c) Engages in a pattern of conduct that renders the parent incapable of caring for
the immediate and ongoing needs of the child including, but not limited to,
parental incapacity due to alcohol and other drug abuse as defined in KRS
222.005(12);
(d) Continuously or repeatedly fails or refuses to provide essential parental care and
protection for the child, considering the age of the child;
(e) Commits or allows to be committed an act of sexual abuse, sexual exploitation,
or prostitution upon the child;
(f) Creates or allows to be created a risk that an act of sexual abuse, sexual
exploitation, or prostitution will be committed upon a child;
(g) Abandons or exploits the child;
(h) Does not provide the child with adequate care, supervision, food, clothing, shelter, education or medical care necessary for the child's well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
KRS 600.020(19) states:
"Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child."
5
(i) Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the Cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months;​
 

Antigone*

Senior Member
I found this on the web
Which it seems that neglect is in the case unless its an accident. Which the investigating police officers said it was an accident.
DEFINITIONS OF CHILD ABUSE, NEGLECT AND DEPENDENCY
KRS 600.020 states:
(1) Abused or neglected child" means a child whose health or welfare is harmed or
threatened with harm when his parent, guardian, or other person exercising custodial
control or supervision of the child:
(a) Inflicts or allows to be inflicted upon the child physical or emotional injury as
defined in this section by other than accidental means;
(b) Creates or allows to be created a risk of physical or emotional injury as defined in
this section to the child by other than accidental means;
(c) Engages in a pattern of conduct that renders the parent incapable of caring for
the immediate and ongoing needs of the child including, but not limited to,
parental incapacity due to alcohol and other drug abuse as defined in KRS
222.005(12);
(d) Continuously or repeatedly fails or refuses to provide essential parental care and
protection for the child, considering the age of the child;
(e) Commits or allows to be committed an act of sexual abuse, sexual exploitation,
or prostitution upon the child;
(f) Creates or allows to be created a risk that an act of sexual abuse, sexual
exploitation, or prostitution will be committed upon a child;
(g) Abandons or exploits the child;
(h) Does not provide the child with adequate care, supervision, food, clothing, shelter, education or medical care necessary for the child's well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
KRS 600.020(19) states:
"Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child."
5
(i) Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the Cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months;​
It was not an accident. Your son knew he had the ammunition, and by your own words he knows he should not have it in the house.

Your son may not have the maturity it takes to own and handle a weapon, and you didn't have the presence of mind to ask him if he brought any ammunition home.
 

Zigner

Senior Member, Non-Attorney
What the CHILD did was an accident. What YOU did (failed to do) was neglect.
 

Proserpina

Senior Member
I found this on the web
Which it seems that neglect is in the case unless its an accident. Which the investigating police officers said it was an accident.
DEFINITIONS OF CHILD ABUSE, NEGLECT AND DEPENDENCY
KRS 600.020 states:
(1) Abused or neglected child" means a child whose health or welfare is harmed or
threatened with harm when his parent, guardian, or other person exercising custodial
control or supervision of the child:
(a) Inflicts or allows to be inflicted upon the child physical or emotional injury as
defined in this section by other than accidental means;
(b) Creates or allows to be created a risk of physical or emotional injury as defined in
this section to the child by other than accidental means;
(c) Engages in a pattern of conduct that renders the parent incapable of caring for
the immediate and ongoing needs of the child including, but not limited to,
parental incapacity due to alcohol and other drug abuse as defined in KRS
222.005(12);
(d) Continuously or repeatedly fails or refuses to provide essential parental care and
protection for the child, considering the age of the child;
(e) Commits or allows to be committed an act of sexual abuse, sexual exploitation,
or prostitution upon the child;
(f) Creates or allows to be created a risk that an act of sexual abuse, sexual
exploitation, or prostitution will be committed upon a child;
(g) Abandons or exploits the child;
(h) Does not provide the child with adequate care, supervision, food, clothing, shelter, education or medical care necessary for the child's well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
KRS 600.020(19) states:
"Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child."
5
(i) Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the Cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months;​


I would say your lack of attention fits at least one of those criteria.

If I were you, I'd be focusing more on thanking the powers that be that you don't have a dead child on your hands.
 
I would say your lack of attention fits at least one of those criteria.

If I were you, I'd be focusing more on thanking the powers that be that you don't have a dead child on your hands.
Done, many times over. And the younger one is fine, no long term effects, than God. Nor does he blame his brother. If anything its brought the two of them closer together. My concern now is the neglect finding attached to my name. Yes, it may seem trivial, but in 10 years I won't be able to do anything to fight it.
 

Proserpina

Senior Member
Done, many times over. And the younger one is fine, no long term effects, than God. Nor does he blame his brother. If anything its brought the two of them closer together. My concern now is the neglect finding attached to my name. Yes, it may seem trivial, but in 10 years I won't be able to do anything to fight it.


You can't do anything about it now; Zig's interpretation is correct.

However if the case is closed with no further action it's unlikely to matter in 10 years time.

Unless it happens again, of course.
 

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