How do I stop reintegration????

[calcanjad]

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

My 3 yr old daughter was molested by her 13 yr old half brother(my step son at the time). He admitted doing this to his parents when asked if it was true. His Father and Mother then proceeded to hide that information for three months until the DA decided not to take the case due to the age of my daughter and his fear she would not hold up to cross examination. EMCU substantiated my daughters story through their investigation Long story short we went through a lengthy divorce and the father had supervised visitation which is now back to regular visitation. There is an order that keeps the ex step son away from both of my children and I was told by everyone that reintegration would never happen so I did not pursue prosecution. Now, the father has filed a motion to reintegrate and the Judge (in family court) is leaving it in Psychologists(PHD) hands as to whether reintegration should occur. We are at the 4yr mark and I was told that it was a 3 yr statute of limitations but that that has changed to 5 yrs. To Keep this (now) 17 (18 in Dec)year old away from my (now) 7 and 5 year old can I still take this to the DA and since he has admitted to it and his father disclosed this in a counseling session is it not an open and shut case? Any advice would be welcome as I feel my children are in great harm if reintegration takes place. Does something in Criminal Court overrule a Family Court?
Thank You

 

[mistoffolees]

You're probably past the point that you can prosecute. Look up the statute of limitations for prosecution in your state for whatever he would be charged with.

Anything the father told the counselor is inadmissible for two reasons. First, it's covered by confidentiality rules. Second, it is hearsay because the father heard it from the son.

Frankly, your best bet is to talk to the psychologist and explain your fears and concerns. The psychologist can use hearsay evidence. Basically, the reasoning will be that if the psychologist errs on the side of safety, the only harm that could occur is that the child would not get to spend time with a now-adult step-brother. OTOH, if the psychologist errs in the other direction and allows visitation, then the children could suffer abuse and severe harm.