DISCLAIMER: The question on this page is a hypothetical question that was posted on an online forum. The responses were posted by survivors, child advocates, and other concerned adults. The Web site manager does NOT assume responsibility for the accuracy of this information.

This information is NOT intended to replace professional counseling or legal services; but rather, to serve as encouragement for seeking those services. If your child (or a child you know) has been abused, or is at-risk of being abused, report it to the appropriate authorities and seek professional counseling.

Inquiry: Jane Doe
I know of children in my community who are being sexually abused. I have reported it to the local Department of Children Services several times, but nothing is being done. What can I do?


Response: Nancy Burnett
Abuse/Incest Support ~ at The Mining Company
Wow! This happens more than most people realize. It often happens when allegations are made during a custody dispute over the child who is alleged to have been abused. In those cases, some caseworkers seem to ignore the allegation or at least disregard it.

If you make a report and nothing seems to be happening, call and ask for a follow up. Some hotlines will allow the original reporter to know what happened as a result of their allegation. Something may, indeed, be going on that isn't obvious outside the immediate family.

If that does not work, you could report the original report a second time because it is possible the original report got lost.

Yet another option, in some states, is bring your own child protective proceeding in Family Court. In New York, anyone can bring a petition asking the Family Court to act on abuse with the permission of the Family Court Judge. Ordinarily, if you attempt to bring such a petition, the Family Court will first order the local Department of Social Services to make a report to the Court under 1034 as to the allegations.

Yet another option is to bring a petition for custody of the child. In New York, anyone (grandparent, aunt, uncle, neighbor, etc.) can bring a petition for custody of a child by alleging that exceptional circumstances exist to warrant removal of the child from the custody of the natural parent. The abuse, if proven to the court, could form the basis for the exceptional circumstances.

If the parents are separated and one of them is not an abuser, the non-abusive parent could file for custody and/or for an order restrictive the abusive parent's access to the child. If you know the non-abusive parent, you can help by offering to give a sworn statement to support his or her petition and by offering to testify in Court if the case goes to a trial.

If the abuser is a professional (doctor, psychologist, etc.), you may be able to get some attention to the problem by reporting the abuse to the licensing board for the abuser's profession.

If all else fails and there seems no other way to get help for an abused child, one extreme option would be to go to the media. The media can bring attention to a problem that ordinary citizens cannot. They can help shape public opinion which might bring influence to bear upon the system. However, this is a particularly risky option for many reasons. For one thing, the child's privacy is then utterly shattered and it may destroy the child's ability to trust you or others. Also, depending upon how you acquired the information, you may be held responsible for breaching confidential relationships.

Keep in mind that not every case of delay is negligence, lack of concern or callousness on the part of officials. Sometimes the lack of action is because the child protective officials lacks sufficient evidence to go forward. They may be monitoring the situation to gather more evidence so that they *can* take action. It is possible that a premature action taken by you could impede the evidence gathering process. This may seem unimportant when a child is being abused *NOW* and I sure do understand that feeling. But, there is nothing more heartbreaking than to see a case go through the system, go through a trial with all the attendant stressors upon the family (and particularly the child) only for NOTHING to happen because important evidence was discounted or unavailable. When this happens, when the abuse cannot be proven, the child who was temporarily removed from the home is returned to the parent who (if he or she *did* abuse the child) is no doubt going to be more careful about it in the future and more threatening to the child to protect the secrets. So, while the system is very frustrating, there are sometimes *important* reasons for delay and unofficial action by people outside the system can, in some cases, lead to continued and/or greater danger to the child. So, please proceed with great caution!

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Response: Assemblyman Dennis Nolan, Nevada
1. Call Parents of Chidren
2. Call local police
3. Call District Attorneys Office
4. Call Attorney General's Office on Sex Crimes Unit
5. Call local politicians or Govenor and put them on the spot to help.

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Response: Marybeth McKenna, Dpt of Health, Minnesota
In our prevention messages to children, we urge them to keep telling until someone listens and believes them. My response to your question would be the same. If an individual citizen gets no response from the system, I would encourage them to contact their local sexual assault advocacy program to get support and feedback. Approach legislators and lobbyists. Make use of internet resources. But don't give up!

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Response: Debbie Mahoney
Safeguarding Our Children - United Mothers
First let's be very clear...The question you are asking is not what you CAN do, but what you MUST do.

1) Immediately call your law enforcement agency. Ask for the Detective Division and report what you know. Let them know that you have reported this incident to child protective services.

2) Recall Child Protective Services and insist on speaking with a supervisor. Explain that you have called previously, but have received no response. Additionally, let them know you have notified the local law enforcement agency in your area.

3) When speaking with the child protective services ask them how long it will take for an investigation from their office to launched. Tell the supervisor you will continue to call supervisors until these children are protected and the abuse is stopped.

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Response: Gary Rolph, Guardian ad Litem
I would go the local district or family court (here in NH) and file a CHINS petition (Children in Need of Services). Explain to the court clerk that time is of the essence and that you request an emergency hearing. Then take a copy of your paperwork to the local police and to Division of Children, Youth, and Families (go in person). Take a copy of your paperwork to the school in which the child is enrolled. That should get people's attention fast!

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Response: Mike Echols
Author of the bestseller I Know My First Name Is Steven
Your first report should go to the appropriate local law enforcement agency as well as the appropriate local children's protective services or child welfare. Get the names of the persons to whom you make your reports and follow up with those persons within 48 hours to find out if they have acted. And go over their heads if you feel that they have not.

NEVER JUST MAKE A REPORT AND FAIL TO CHECK BACK WITH THE AGENCY TO SEE WHAT THEY ARE DOING ABOUT IT. AND DON'T WORRY ABOUT BEING A SQUEAKING WHEEL!

Secondly, you should also immediately call the National Center for Missing & Exploited Children hotline (800-843-5678), make a full report to them, and ask that a copy of your report be sent to Ruben Rodriquez, law enforcement liaison for the National Center.

And remember, in many states law enforcement can not investigate a report of child abuse (physical or sexual) unless they have the name of the person making the report. If you care about children, you must be brave and stand up and be counted!

Take the example of John Hancock who, in signing the Declaration of Independence, wrote his signature large so that, Hancock said, "The King may read it without benefit of his spectacles."

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Response: Rena Edelen
If you are a grandparent or other relative, petition the court for "temporary custody" of the child(ren) immediately. Courts are often willing to grant temporary custody and order services to confirm or rule out the allegations.

DO begin to compile documentation from teachers, day care providers and any others who may have pertinent information immediately as well. You may need a statement from a teacher or other person involved with the child to support your petition.

If you have any visitation with the child, (before and after petitioning the court for temporary custody) schedule an appointment with a therapist who can document any confirmation that abuse is a likelihood, or an actual fact.

Again, the first step is to petition the court for "temporary custody" immediately. You will need some basis for your petition. Sometimes just the allegation is enough.

DO IT. Don't just talk about it. If the abuse is ruled out, that's no reason to feel like you have egg on your face. Better to err on the side of the child.

For grandparents or other relatives. Don't worry about stepping on family members toes by taking action to protect a child. Any rift in the family can be healed later. Your main objective is to protect the child, who has no power and needs yours.

I had to yell at my two sisters in law, and use an analogy. This family has fallen in the deep end of the swimming pool. I'm jumping in to save the child first. The rest of you are adults, and you're on your own until I get this child out of harm's way. The other thirty members of my family had no problem putting their own needs aside to help. Two of my brothers and my parents put themselves at risk by stepping in to help.

It's taken five years to heal the rifts caused by my beloved mentally ill, drug addicted daughter, who is the mother of the two grandchildren I'm raising. Let the healing come after you've saved the child.

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Response: Michael Berghello (Canada)
Vancover Male Survivors of Abuse and Neglect
All individuals who work with children, teachers, public health nurses, childcare providers, and doctors have a role to play in identifying and reporting of child abuse.

If I suspect incest, I would try and speak with other members of the family, or the non abusing parent and speak to them of what I knew and that I had reported it to the Department of Children Services, and to Ministry of Social Services. I would try and get the non abusing parent or family member to help in protecting the child, by putting pressure on the police to do something. Sexual abuse was the hypothetical situation so physical signs would not be visible but the facial expressions and eyes would tell you all you needed to know when speaking to the child.

I would immediately contact the school principal and counselor and review the matter with them. Legally they are responsible to report suspected cases of sexual abuse and they have been trained to identify the symptoms.

If they are not aware of anything in particular regarding the child in question, they will now be and will be obligated to report what you have brought to their attention to the Department of Children Services.

They will no doubt be unwilling to disclose any information to you directly as it would be considered confidential, but they must report what you have brought to their attention in order to protect themselves from the authorities wrath. This will put pressure on the Department of Children Services.

I would also contact the police, and local crown prosecutors office and also the local victims assistance department of the police department. In Canada, these departments are responsible to immediately investigate your allegations and act on them promptly.

If the local office where I filed my complaint still have not taken action, and I am sure that the sexual abuse is taking place, I would go to the district office and demand to speak to their supervisor and if necessary to the manager. I would inform them that I as a citizen and also a survivor would hold them responsible for any consequence of their not taken action to protect this child and would notify the media and make all the waves that my spirit will muster. I would get not only the community, and neighbors involved, I would pray that God will protect the child and open the eyes of the system that is there to rescue the child. Don't forget to get every survivor's webmaster to post a message in their forum and request that they call the local office and put pressure on the worker to intervene immediately. "The squeaky wheel gets the oil."

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Response: Terry Fessler
First of all there must be an understanding of the state laws regarding child abuse and reporting.

Second of all there must be some evidence of personal knowledge as to the actual abuse and not in the form of a report of what "someone may have said."

My experience with any report to children's protective services indicates that the reporting person has 60 days after the final disposition of the administrative agency final decision to request a review of that decision.

Once 60 days has gone by, in some or most states, then the agency decision is final and not subject to any appeal or review administrative or otherwise. An additional complaint needs to be made to reopen the case.

If you are a school teacher or member of a church I would suggest that you bring the situation to the attention of other co-workers and have them make the next, "follow-up" or additional complaint.

If it is possible to actually submit evidence with the complaint then, by all means, submit the evidence.

I highly recommend that all CPS Complaints be made in writing, notarized, and sent return receipt registered US mail.

Never make a CPS complaint by telephone and never make a CPS Complaint to children's protective services unless it is in writing.

If a CPS Complaint is to be made make it to the police department, probate court, or directly to the prosecuting attorney's office and if you are directed to make the CPS Complaint to the Children's Protective Services Agency ask for the name of the person making that recomendation.

Always follow up on any complaint you make, and document the complaint in writing and record all contacts resulting from making that complaint. Know the name of the person you spoke to, the date, the time, and the instructions that were given to you.

I recommend that a CPS Complaint be done in manner consistent with the instructions found at this web site.

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Response: Lou Bank
Yeah, contacting alternative authorities—schools, police, et al—is vital. But I'd say what will really force action is getting the story placed in the media.

Search for local stories about children who were killed by their parents *after* social services had been alerted—sadly, you won't find it difficult to locate these stories. Find out who wrote the stories, and bring them information about the case(s) with which you're involved. Angle it as a follow-up to the earlier story.

Most newspapers have a specific journalist who covers children's rights issues—call the papers main desk and ask who that journalist is. Call that journalist.

If your local DCS is "beloved" by the local media, go to the alternative media, such as the free weeklies. Call the local talk shows—most of the major hosts have one day a week when they leave the floor open for any topic.

The louder the door squeeks, the more likely it's going to get oiled.

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Response: Steve Sheard
1. Keep reporting.
2. Be specific on what you have directly observed.
3. Bear in mind CPS must follow very specific protocalls on what/when they can investigate. Do your reports meet these protocalls?
4. If CPS "Hotline" response appears innappropriate, speak directly with a Supervisor.
5. If local agency response appears innappropriate, contact the the Social Services authority at the State level.
6. Above all - don't give up! We have a responsibility to protect children who are being abused.

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Response: Mellisa
DON'T GIVE UP.

Children have silent cries and a louder voice needs to be heard.

I have first hand knowledge of working for a social service agency. Reports sometimes fall through the cracks. Or the reports have been followed up on and were unfounded. You need to document what you know about the abuse and to whom you reported the abuse to. Caseworkers are overworked and underpaid. Many calls come in everyday reporting abuse. So it may take awhile for that call to be followed up on. Keep calling ask for the county supervisor and keep calling until you speak with that person. If that doesn't work take your problem to the General Counsel Office of your state social services agency and ask to speak with the county representative. Always follow up on your conversations.

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Response: Debbie Mahoney
Safeguarding Our Children - United Mothers
The hypothetical question was:

"I know of children in my community who are being sexually abused. I have reported it to the local Department of Children Services several times, but nothing is being done. What can I do?"

Let's be very clear what the reality of the situation is:

1) There should never be a time that you need to investigate a child abuse case without the proper authorities. It is a necessity that they are involved. My concern is not how much pressure you place on them to get them to listen (yell as loud and as long as necessary), but conducting your own investigation can be harmful to any case, and in the big picture can damage any chances of ensuring that a proper investigation be untainted. That in turn, can leave the children in a worse situation.

2) Never should you speak to a child (who is not your child) about sexual abuse against them, unless that child discloses to you. Even then you should never ask the child questions dealing with the abuse, unless you are a person trained in interviewing witnesses. Again, the chances of a court case being made without the defense attorney claiming you were asking leading questions etc., could be damaging to any case, again putting the child back into an abusive situation or letting a perpetrator that should be convicted off the hook.

3) Going to a principal and questioning the child with the principal present is the same thing. The principal has an obligation to protect that child and unless you are CPS, school counselor, or law enforcement, -- he should never agree to this.

Get CPS or the local police department out to the school, if the child discloses at school. Do not go and try to speak to the child yourself.

Law enforcement and CPS need to be involved. It is essential that they are to keep the child safe, and to ultimately make a case against the perpetrator.

That being said, the media should only be involved if you know for certain that the person is a convicted child molester, or the situation is a stranger and you are trying to alert the community that you have a predator in your community abusing your children.

It is important to remember that it is a crime for law enforcement or CPS not to investigate reported crimes of child abuse.

Please make as much noise as is needed to those whose job it is to arrest, prosecute, and convict the persons who would harm a child.