Extremely Unique Situation

[gr8rn]

I caught that right away and edited.

 

[Zephyr]

Where is the father of the 7 year old?

 

[stepconcern]

Answers...

I will try to answer as many questions as I can. First, he was convicted of gross sexual impostition and he will not have to register as a sex offender ever so who lives near a school makes no difference. Second, in regards to his brother, he doesn't have an attorney representing him. His mother didn't want anyone representing the brother. In regards to coming back home; Children's Services has told us that at the end of his stay at the residential facility he will have to go back to one of our homes; other than foster care mom and dad are his only option. Also, to make it clear he is undergoing very intensive rehabilitation and he won't be released until everyone involved feels he is ready.

I want to make it clear that I am aware of my legal standing in regards to my stepson. However, my husband and I are a team and neither one of us would do anything without the other, so I may not be important in the court room but I am when it comes to my home.

In regard to child support. He is currently paying child support to the state. And as far as the comment about my motivation, my husband and I don't want any money from her.

The only comment that I didn't understand was that my husband is at fault because he had custody when this happened. They had shared custody and he was with his mother 3 days a week, and this occurred in her home. How does this reflect more on my husband than her?

Last, I want to thank everyone for their comments and insight. This is an extremely difficult time for everyone involved and every bit of help is greatly appreciated.

Thanks!!!

 

[sometwo]

I will try to answer as many questions as I can. First, he was convicted of gross sexual impostition and he will not have to register as a sex offender ever so who lives near a school makes no difference. Second, in regards to his brother, he doesn't have an attorney representing him. His mother didn't want anyone representing the brother. In regards to coming back home; Children's Services has told us that at the end of his stay at the residential facility he will have to go back to one of our homes; other than foster care mom and dad are his only option. Also, to make it clear he is undergoing very intensive rehabilitation and he won't be released until everyone involved feels he is ready.

That sounds really unbelievable. This child rapes his brother and no one is representing the victim and/or helping the victim? Something does not sound right about this whole thing.

 

[Ohiogal]

I will try to answer as many questions as I can. First, he was convicted of gross sexual impostition and he will not have to register as a sex offender ever so who lives near a school makes no difference. Second, in regards to his brother, he doesn't have an attorney representing him. His mother didn't want anyone representing the brother.

Then the law is being violated because it is REQUIRED that a victim of abuse have an ATTORNEY GAL representing said child in all juvenile court proceedings. I would love to know the court so I could make an official complaint regarding all parties involved in this case for violating the law and the rights of the victim. CSB is involved and therefore there was an adjudication. The child by virtue of being raped is an abused child. Hence STATUTE IN OHIO requires an Attorney/GAL be appointed to represent said child. Congrats to all of you selfish individuals for not caring about the children -- especially the victim.

Also per statute:

2152.191
TITLE [21] XXI COURTS -- PROBATE -- JUVENILE
CHAPTER 2152: DELINQUENT CHILDREN; JUVENILE TRAFFIC OFFENDERS

--------------------------------------------------------------------------------
2152.191 Delinquent child subject to sex offender registration and notification law.
If a child is adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense, if the child is fourteen years of age or older at the time of committing the offense, and if the child committed the offense on or after January 1, 2002, both of the following apply:

(A) Sections 2152.82 to 2152.86 and Chapter 2950. of the Revised Code apply to the child and the adjudication.

(B) In addition to any order of disposition it makes of the child under this chapter, the court may make any determination, adjudication, or order authorized under sections 2152.82 to 2152.86 and Chapter 2950. of the Revised Code and shall make any determination, adjudication, or order required under those sections and that chapter.

Effective Date: 07-31-2003; 2007 SB10 01-01-2008

He is subject to registering. Would you care to explain why he doesn't have to? What excuse can you give for that? He was found guilty of a SEXUALLY ORIENTED OFFENSE WITH A CHILD VICTIM, he is the age of 14 (was he at the time the crime was committed?), and it was committed after 2002. He is subject. Also:

2152.192
TITLE [21] XXI COURTS -- PROBATE -- JUVENILE
CHAPTER 2152: DELINQUENT CHILDREN; JUVENILE TRAFFIC OFFENDERS

--------------------------------------------------------------------------------
2152.192 Notice that child has committed sexually oriented offense.
If a court or child welfare agency places a delinquent child in an institution or association, as defined in section 5103.02 of the Revised Code, that is certified by the department of job and family services pursuant to section 5103.03 of the Revised Code and if that child has been adjudicated delinquent for committing an act that is a sexually oriented offense in either a prior delinquency adjudication or in the most recent delinquency adjudication, the court or child welfare agency shall notify the operator of the institution or association and the sheriff of the county in which the institution or association is located that the child has been adjudicated delinquent for committing an act that is a sexually oriented offense.

Effective Date: 08-03-2006

The seven year old is an abused child:

2151.031 Abused child defined.
As used in this chapter, an "abused child" includes any child who:

(A) Is the victim of "sexual activity" as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;

And therefore:

2151.281 Guardian ad litem.
(A) The court shall appoint a guardian ad litem, subject to rules adopted by the supreme court, to protect the interest of a child in any proceeding concerning an alleged or adjudicated delinquent child or unruly child when either of the following applies:

(1) The child has no parent, guardian, or legal custodian.

(2) The court finds that there is a conflict of interest between the child and the child's parent, guardian, or legal custodian. (B)(1) The court shall appoint a guardian ad litem, subject to rules adopted by the supreme court, to protect the interest of a child in any proceeding concerning an alleged abused or neglected child and in any proceeding held pursuant to section 2151.414 of the Revised Code. The guardian ad litem so appointed shall not be the attorney responsible for presenting the evidence alleging that the child is an abused or neglected child and shall not be an employee of any party in the proceeding.

(2) The guardian ad litem appointed for an alleged or adjudicated abused or neglected child may bring a civil action against any person who is required by division (A)(1) or (4) of section 2151.421 of the Revised Code to file a report of child abuse or child neglect that is known or reasonably suspected or believed to have occurred if that person knows, or has reasonable cause to suspect or believe based on facts that would cause a reasonable person in a similar position to suspect or believe, as applicable, that the child for whom the guardian ad litem is appointed is the subject of child abuse or child neglect and does not file the required report and if the child suffers any injury or harm as a result of the child abuse or child neglect that is known or reasonably suspected or believed to have occurred or suffers additional injury or harm after the failure to file the report.

I can come up with more but please let me know what county this is so I can file an official report with the Supreme Court and have this case handled properly. The 7 year old REQUIRES a GAL. End of story.
The rules of Superintendent's require that it be an attorney. Your court, your husband and his ex are all acting irresponsibly. Congrats.

In regards to coming back home; Children's Services has told us that at the end of his stay at the residential facility he will have to go back to one of our homes; other than foster care mom and dad are his only option.

So you risk your own children. Again, what does the sexual offender evaluation state about this child?

Also, to make it clear he is undergoing very intensive rehabilitation and he won't be released until everyone involved feels he is ready.

Really?

I want to make it clear that I am aware of my legal standing in regards to my stepson. However, my husband and I are a team and neither one of us would do anything without the other, so I may not be important in the court room but I am when it comes to my home.

This is NOT about home. this is about court. How do you feel about risking the custody of YOUR four children?

The only comment that I didn't understand was that my husband is at fault because he had custody when this happened. They had shared custody and he was with his mother 3 days a week, and this occurred in her home. How does this reflect more on my husband than her?

It reflects EQUALLY on both of them. They are both responsible for the rape their child perpetrated and the fact that their child is a sexual offender who per the law should be required to register.

Again please give me the case name and I will make the proper report to the Supreme Court so that this case can be investigated as to why a GAL has not been appointed to represent the interests of the 7 year old. In any case where a child is abused on their parent's watch there is a conflict. There is a conflict here. The fact that no one gives a damn about the victim is appalling. None of you should be able to have custody quite frankly.

 

[troublesleeping]

OK, this is non-legal advice… I am a marriage and family therapist (currently a SAHM.) If a 14 year old is already acting out this much…..RAPING his half-brother than it is extremely likely that that he is reoffend…. EXTREMELY! Why on earth would you want this person around your other children???? These children are most likely to be the next victims of this 14 year olds aggression. This 14 year old is not only likely to reoffend but his crimes are likely to get worse….By worse I mean potentially life threatening or fatal. To be completely honest your stepson sounds like he could potentially be a sociopath or at the very least has sociopathic tendencies and there is no hope if that is the case. While not all sociopaths become murderers there is a high correlation and your stepson is already being pretty aggressive. Or perhaps he is just a pedophile….Pick your poison

Has he ever tortured any animals?

I am psychoanalyzing based on the little information that I have but I can tell you the several cases that I have seen with a young sexual offender didn’t end well…. For the offender and especially for their MANY victims.

I know you love this child but you can’t save him…. What you can do is save your other children from being his next victim.

 

[sometwo]

I would aslo like to add that you wouldn't take a drug addicted person that is "supposedly " clean and put them in a house where there are drugs readily availalbe, (drugs of that person's choice might add) so why in the H%L% would you do it here?


Its the SAME thing. Take a rapist who likes children and placing him in a home either with his victim OR another home with even more children. HELLLLLOOOO?

Not to mention what kind of trauma that is going to do to the victim here. Having to LIVE with your offender ? What the H$l# is wrong with you people.

 

[Ohiogal]

More relevant law

2151.352 Right to counsel.
A child, the child's parents or custodian, or any other person in loco parentis of the child is entitled to representation by legal counsel at all stages of the proceedings under this chapter or Chapter 2152. of the Revised Code

and

Counsel must be provided for a child not represented by the child's parent, guardian, or custodian. If the interests of two or more such parties conflict, separate counsel shall be provided for each of them.

There is a conflict inherent in this because the parent (mother) wants the OFFENDER returned to the home where the victim is. Caselaw will NOT allow the offender to return to the home of the victim:
2006-Ohio-6485
In re Sherman

The Court determines that the seriousness, nature, or likelihood of recurrence of the domestic violence and abuse makes the child's placement with the father a threat to the child's safety. The mother has demonstrated a lack of commitment toward the child by failing to provide a safe or secure home for the child and has resided on a regular basis with a purported child sexual abuser.

Also see: In re K.M.
05-LW-3065 (8th)
Also:
2006-Ohio-7083
In re Alexander

A parent's right to raise his or her children is an essential and basic civil right. In re Murray (1990), 52 Ohio St.3d 155, 157, 556 N.E.2d 1169, citing Stanley v. Illinois (1972), 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551. However, this right is not absolute. In re Sims, 7th Dist. No. 02-JE-2, 2002-Ohio-3458, at ¶ 23. In order to protect a child's welfare, the state may terminate parents' rights as a last resort. Id.

And putting children at a risk with a purported child sexual abuser is enough for parents to lose all rights to the children. May the seven year old be kept safe. May the 14 year old be kept locked up until the age of 21.

 

[LocalRocket]

Ohiogal, forgive me if I'm incorrect, and please know that I am not being sarcastic in asking this...

Are you really asking for OP to give you the case name? I realize that the case is extremely serious, but it seems like I'm always seeing seniors asking newcomers to please remove names, cities, etc. from their threads and to keep it anonymous.

Maybe I'm being dense, and you're just back-handedly chastising stepmom; not truly asking her post this information.

OP, if you share this info, you should probably send it to OG as a PM (private message) instead of a thread reply.

 

[Ohiogal]

More case law

In re Bradley, 2006-Ohio-2367

On August 11, 2005, the juvenile court made the following findings:


11.) Charles [B.], father of the child, has lived separate and apart from the mother since the agency's first involvement on May 1, 2003. The home of the father is inadequate in that he has not had adequate heat in the home since 2002, and the home is cluttered with lawn mowers and mattresses with various articles stacked high on the beds and the father sleeps on the couch. The mother testified that when the father was with the girls, he would watch them dress. The father has been described as low functioning and incapable of providing proper care for the minor child and her siblings. The father, as was the mother, was advised that his son [D.B.] had sexually molested a female sibling and when he found [D.B.] in bed with the female sister

and

In determining a child's best interest, the trial court must consider the non-exclusive list of factors contained in R.C. 2151.414(D). With regard to D.B., the juvenile court stated:


Upon consideration of all relevant factors enumerated in Ohio Revised Code Section 2151.414(D), the Court finds that the child interacts well with the foster parents who are now providing for the needs of the child and have been doing so since placement of the child in the shelter care of [ACCSB] on May 1, 2003. The child cannot live with his female half-siblings because of the high risk of repeated sexual abuse. The child's need of a legally secure, permanent placement cannot be achieved without a grant of permanent custody to the agency. (Aug. 11, 2005 Judgment Entry Case No. 03 JG 19709).

Should I continue? The seven year old NEEDS a GAL due to the incompetence of the parents in this case.

 

[Ohiogal]

Ohiogal, forgive me if I'm incorrect, and please know that I am not being sarcastic in asking this...

Are you really asking for OP to give you the case name? I realize that the case is extremely serious, but it seems like I'm always seeing seniors asking newcomers to please remove names, cities, etc. from their threads and to keep it anonymous.

Maybe I'm being dense, and you're just back-handedly chastising stepmom; not truly asking her post this information.

OP, if you share this info, you should probably send it to OG as a PM (private message) instead of a thread reply.

Actually if I have the case name I will be reporting the handling of this matter to the Supreme Court so that the court and those involved can be legitimately reprimanded for a GAL not being appointed as the LAW REQUIRES. Hopefully with such a severe PUBLIC REPRIMAND on the court the seven year old would be provided with representation. So yes, I am DAMN SERIOUS about it. If I get the case name, I will take the required steps necessary to make sure that all the children are protected from the stupidity of the people involved. Maybe then the seven year old will be protected and these idiots wouldn't be seriously considering putting a child rapist in a home with children.

 

[stepconcern]

More Answers

MY stepson is now 14, but he was 13 when he committed the offense. We have been told that is why he will not have to register as a sex offender.

In regards to his brother...on the day of the hearing a woman came and asked the victim's mother if she would like her youngest son to have representation and she said "no" and signed something. The younger brother is recieving counseling that was set up by Children's services.

Also, I want to make it clear that I don't like the idea of having him in my house. But I also care deeply for his brother. And while his mother doesn't think it will happen again I can't imagine his victim living with his offender everyday. Let me also say though that the case worker on this has told both mom and dad that she doesn't think there is a problem with the offender and the victim living together as long as they both have therapy.

Another factor in this is the living arrangements of the home. Mom has three bedrooms and would have 2 boys and 1 girl. I thought that boys and girls couldn't share the same room, so either the victim and offender share a room, or the 14 year old has no room. Is this a problem?

Ohiogal...I completely agree with the conflict of interest. However, so far there has been nothing said that indicates he will be getting seperate representation.

Oh one more answer....the father of the victim is a drug addict who plays absolutely NO role in this child's life.

 

[troublesleeping]

Well just think about how much therapy your other kids are going to need after he attacks them.... Good God lady wake up! You can't control this situation, you just can't

 

[stepconcern]

Questions

Please don't assume that I am downplaying the severity of what he did. I have been a stepmom to this child for ten years and I love him as my own. Are you all suggesting that I simply give up on him completely? I should sacrifice any chance of a normal life for him for the sake of my other four? I am not patronizing you as it may sound; I am asking you sincerely. If you are a parent is that what you would do?

I also want to note that the comments about him not being allowed in either home is the exact opposite of what we have been hearing from every other professional involved. His therapists and case worker keep telling us that he will be ok to come home. If we can't trust what they are telling us what should we do?

Ohiogal...I forgot to tell you on the last post. He did undergo a PSI and they determined that he was a moderate risk of reoffending before any rehabilitation. I am assuming they will do the testing again before they would release him.

 

[PQN]

Btdt

Stepconcern,

I am not suggesting that you quit caring about the 14 year old. Nor am I advocating that his parents give up on him. But children who commit felonies on other children (especially sexual ones) are a danger to other children. True rehabilitation is incredibly rare.

IMO, the best you can do is support your DH in advocating for continued intensive therapy and a long term placement in either a RTC or a therapeutic foster home with no younger children.

The chance that your step-son was abused is very high. Hopefully, his therapist can get to the root of what happened and ensure that whoever abused him is not around other children.

And always, always remember to 100% supervise your children around him. Abuse can happen in seconds and the impact lasts forever.