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when to go to the police?

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MichaCA

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

I am asking based on a thread I just read here about slapping,etc.

My daughter often gets pushed around by her dad...the more recent (milder) report I heard was that he once again pinned her against a piece of furniture that had knobs pushing into her. She tells dad it hurts, he still doesn't let her up.

In the past a CPS case was opened, and then closed...the whole thing another story but very weirdly handled and the dads' version of what happened it what the caseworker decided to go with, that its a case of the child acting out with both parents. That is so not the case and not true, never was true. And the reality that that instance she was really hurt by her dad, while in his care did not make a dent of interest for the caseworker.

In the past, over the years, there have been numerous problems of dad holding her down, from the age of say 6 until now (10). There are times she has called here and gotten been very freaked out and afraid of her dad. I never called the police these times...(bad on me). But I would call CPS, discuss some of the 'discipline', and they did take notes.

I did teach her to call 911 if she got really scared, but she informed me recently her dad won't let her near a phone when he acts out.

This is all hearsay from a child. I KNOW she is not yanking my chain. He has sat on her while she is naked, she showed me how...in a hurtful way (knees across the stomach) to force dress her for school.

He has rolled her up several times in a blanket so she can't move (he has a hard time controlling her) and a couple of times she says she is having a hard time breath, he is pressing down on her face.

He has locked her in a closed closet on a hot day for hours at a time. At that time her, then, therapist did nothing but "talked to dad".

The sordid thing is when she screams or tells him he is hurting her or she can't breath, each and every time he says "that doesn't hurt" or says she is lying (alas his story to the caseworker got believed, he made it all about HER).

The problems have lessened...esp after the cps investigation...when he gets on the hot seat he always calms down a few months.

Again, last week I heard he was holding her forcefully against a piece of furniture despite her saying that it was hurting, he did not let up.

Often by the time I see her its been days since whatever, however as of yet I have only seen one small bruise. But I don't like the behavior and she is melting down sometimes and its clear to me she feels she has no control at her dads and is very unhappy in her life.

Since CPS closes a blind eye, when I hear of a report, do I take her to the police station and file a report? Even if there are no bruises? Would they simply talk to her?

Also, the next time we go to court, can I request that dad must refrain from not allowing her to call 911 if she is feeling threatened?

Thanks for your feedback.What is the name of your state (only U.S. law)?
 


Just Blue

Senior Member
Hi, I'm not an expert on this topic, but I do volunteer as a Court Appointed Special Advocate (CASA) for children. We help give children a voice when they are going through the court system and face being removed from their parents due to abuse/neglect/etc.

I've seen cases like yours where CPS seems to do nothing, but someone just KNOWS that abuse is taking place. CPS cannot know everything, and they are often seriously understaffed and overworked. If you truly believe these things are occurring and they're affecting her, I'd take her to the police. It's better to be safe than sorry and best for your peace of mind. They'll probably interview her, but should use people who are specially trained to do that and who aren't wearing scary police uniforms; at least, that's how they do that here. Here, kids are interviewed in a completely different building in a room that looks like a playroom. The interview is broadcast to a TV in another room where the police officer can watch.

If there's enough there, the State (prosecutor) may decide to prosecute, at which point the father will not be able to have unsupervised visitation and you'll probably end up having her full time as the case progresses.

The part of you description that really caught my attention was the blanket wrapping. That's EXACTLY what happened in a case I was a CASA on. The police were called out to a home to investigate filthy conditions and found the couple had wrapped their 1-yr-old up like that. That, plus the filth, was enough to get the child taken away from them while they were prosecuted for abuse and neglect.

Anyway, do go the to police. Don't feel stupid about doing it. You must follow your instincts, regardless of what CPS has done or not done. You can't assume that they're right, either, because they don't see what you see. Also, don't worry that your daughter doesn't have bruises. She'll probably tell them about it.
You need to give proof of your credentials to Admin before posting that you are a CASA.
 

MichaCA

Senior Member
Hi Blue Meanie,

You cut and pasted someone else's post onto my thread and responded to them, not me.

MichaCA
 

MichaCA

Senior Member
OK, I guess re your post, the one you responded to deleted their post...still open to answers and I do have a question for traveler2009 (thank you)...I have gotten the idea somehow, maybe talking to a casa worker who happens to be an acquantance, that I would not be eligable for a casa worker (for child) as there has to be some history of proven abuse or something? I may be way off but perhaps you could let me know the qualifications of obtaining a casa worker...it sounds like that is something affordable and something that would give my daughter a voice in whats happening in her life. I will check to see if my 'pm' or whatever is on or off so you can email me if you wish.

Thank you very much.

MichaCA
 

traveler2009

Junior Member
Oh, I had no idea I couldn't post here and mention that I'm a CASA without first presenting my credentials to admin. I bet it's in the fine print somewhere that I didn't read!

So, I'll just skirt the issue and tell you what's generally known in the legal community anyway. Anyone can find this information by visiting the National CASA website, so I can't imagine I'm violating any posting rules by writing this. There are also TV commercials a la Dr. Phil that talk about CASA and listing the website, so all of this is in the public domain.

You can't get a CASA appointed to your child unless there is an active legal case. Generally, a judge will request that a CASA be appointed to assist the Guardian Ad Litem (GAL) in his/her assessment of a child's needs and wants. The GAL is the attorney who represents the child. A GAL isn't appointed unless there's some sort of prosecution going on. By the way, in some states, CASAs are also called GALs, but in most states, GALs are the attorneys that are appointed to represent the child. It confuses things a bit, but it's only in a minority of states.

Also, CASAs do not have to be attorneys and generally are not. However, if a CASA is an attorney, he/she does not act as the child's attorney when working as a CASA. The CASA is merely a volunteer who helps out. She acts as another set of eyes and ears, gets to know the child(ren), and presents these observations and recommendations to the court. There's no legal representation, however.
 

Ohiogal

Queen Bee
So, was my first response to Micha deleted b/c I posted as a CASA w/o first going thru admin?
It was reported not because you stated anything wrong with your information but just to inform administration that they had another person who was stating they were involved with the legal system. Administration can return the post to the site at any time once they get the time to do so.

Some people are unclear on what a CASA is and believe that CASAs are also attorneys. Some are. Most aren't.

Micha due to the bruising I would file police reports and go to the doctor when you see such bruising or your daughter reports such things.
 

MichaCA

Senior Member
Thanks Ohiogal,

I am amazed how ignorant I can be, even after reading so many posts. I think because of my past experiences in the legal system...lots of things...I have been literally afraid to be proactive and follow up on my daughters complaints in this fashion (doctor, police). Basically a case has slowly built up against me, with no proof, that I am trying to alienate the dad. Its a good stratagy for custody, as if the one presenting it is actually the perpetrater...it makes the victim even more afraid to speak up and act.

Anyway, thanks...just wanted to know its OK to take her to the police and doctor (I should have done that anyway...but the fact is is dad usually doesn't leave bruising so am afraid the doctors will look at me like OK, what exactly are you trying to do here?)...but in the end, despite my fears, as her mother I need to do something and should have been all along.

traveler2009 (and Ohiogal again), thanks for clarifying about the CASA. I will look up the website but I had gotten the impression in the past I wasn't eligable (sp?). Now I know I am not as a GAL has never been appointed to our case, I guess cause our finances are low...don't know. I am glad, I personally am skiddish about having a GAL as 1. I totally cannot afford, and 2. I have heard that if you don't get a good one, it can be a horror story (that was from one of my attorneys).

I suppose the next time we are in court, I can always just ask if a CASA can be appointed to us...they can always say no.

Thanks for your time. MichaCA
 

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