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FAQ (3)
Child Sexual Abuse
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DISCLAIMER: The question on this page 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.
FAQ (3) -- Visitation Directive:
Parental visitation has been court ordered
for a child with a parent who has
a known history of abusive behaviors.
Inquiry: Jane Doe
Do any of you remember the story? Lori Abrahams made dozens of court appearances trying to secure protection for herself and her 5 year-old daughter from her abusive ex-husband, Thomas Abrahams. Lori was able to get an order of protection for herself because of repeated documented abuse by Thomas; but when it came to her daughter Kelsey, Thomas had never directly physically harmed her, so the Court reflected no need for a protective order or other safety nets for Kelsey. Lori was ordered by the Court to send Kelsey for visitation, or go to jail for contempt.
Hesitant, but in compliance with the Court, Lori sent Kelsey for visitation the following weekend. Thomas Abrahams killed 5 year-old Kelsey, -- then killed himself.
In the newspaper, Lori Abrahams was quoted: "People talk about Christmas shopping. I no longer have a daughter to shop for. I can buy flowers and place them by a grave."
In a similar situation close to me, two children were returned to their father, who is a known child molester. I am concerned that he will molest again. How do we hold Child Protective Services (CPS), Courts, investigators, all the people who play into this equation accountable for these decisions? Who can we make accountable -- and how do we do it?
Response: Nancy Burnett
Abuse/Incest Support ~ at The Mining Company
I do not have a lot of great answers. I could, however, add to the horror stories. The problem is that no one seems accountable in the system. There is, however, some movement in a corrective direction. The immunity that has shielded CPS is starting to break down. For example, CPS was recently held accountable for failure to protect two girls in a case in the Northeast US earlier this year.
There is also a Constitutional Amendment being proposed that would provide for crime victim rights. This would help children. (For more information about the movement to amend the United States Constitution, read an article I wrote "Amending the United States Constitution to Provide Rights for Victims").
I would also like to see the development of a "Bill of Rights" for children in foster care and children who are subjects of a child abuse investigations. Perhaps we can develop that "Bill of Rights," and then work to advocate for it being passed into law in each state.
In the meantime, -- whether or not CPS can be held accountable in a particular case varies from state to state. To find out relevant state rules, check with an attorney in your state. In some particular situations, the following are some things that might help.
 If CPS will not act to protect the child, remember that individuals can often bring the case to court themselves. In one case, the aunt and uncle filed a petition for custody. This was a situation where the parents were alleging abuse against each other, and each saying the other was making false allegations. The Court dismissed all of the petitions between the parents, even though the father admitted to hitting the child. This was in violation of an Order of Protection that had been issued, disallowing corporal punishment due to prior incidents. The Court dismissal was based on a jurisdictional technicality (the judge felt his hands were tied, and while I disagree with him this was not a case in which the judge did not care). The case was pending in two courts, which is why the first Court dismissed the case. The mother could not get her assigned attorney to take any actions to promote her position in the second court. The father would not pay his attorney to do anything in the second court, and therefore nothing got done in either court. The child had no law guardian in the second court. It was a stalemate until the aunt and uncle filed their petition. The child is out of harm's way and doing well. So, if you are aware of a situation like this, look for third parties (aunts, uncles, grandparents, etc.) who might be able to come forward to provide protection for the child.
If you are dealing with a caseworker who appears to be resistive or difficult, ask for a meeting. Almost every caseworker I have encountered wants to protect children. If they are not doing so, it is probably because they either do not understand that there is a real potential for danger, or the caseworker has met a roadblock. If it's the situation of lack of awareness by the caseworker, -- educate, -- but do so gently, and by helping the caseworker see the situation without causing you to be shut out. If you make the caseworker feel defensive, then you lose, -- and the child loses. If its a "roadblock" situation, the meeting is still worthwhile because the caseworker may point you to the roadblock and may even suggest ways for you can get beyond it (this is often a wink and nod situation so pay careful attention to cues during this meeting).
In New York (this varies from state to state), anyone can ask the Court for permission to prosecute a case of child abuse or negect. The Court need not give that permission, but the Court will often order CPS to make an investigation into the allegations and report back to the Court. If the Court feels CPS might be dropping the ball, the Court can order you or the child's law guardian to file a petition alleging the abuse or neglect, so that the case can be moved forward. Thus, even if you cannot take custody of the child, but you are aware of the abuse, you can put together all the evidence you have (write down what the child told you, get copies of medical reports, etc.) and apply to the Court for permission to bring a case against the alleged abuser for abuse or neglect.
It is not often used, but remember that in most states a child can bring a family offense proceeding or criminal charges against an abuser, in the same legal manner as provided for a spouse. If the child is old enough, or if someone is willing to file the petition on the child's behalf, this may be one way to get an Order of Protection. In such cases, a petition filed on the child's behalf might result in an order requiring the abuser (even a parent) to stay away from the child or may require the abuser to stay away from the child except for under certain conditions (e.g., during counseling sessions wiht the child or during supervised visitation). In addition, a family offense proceeding (at least in New York) can result in an order requiring the offender to:
 Stay away from the child, the child's school, the child's place of employment, etc;.
Refrain from assault, harassment or other abusive conduct toward the child;
Allow the child to enter his or her home (for an older child who has left home) to retrieve property;
Surrender firearms;
Attend a program for batterers;
Attend an educational program (e.g. parenting classes);
Pay restitution;
Provide proper medical care for the child.
If the problem lies with the Court not acting (as opposed to CPS not acting), your answer is clear: APPEAL. If you need emergency relief, you can get a stay or other special order pending appeal in some cases. Appeal is expensive, but it is the only way to reverse a judge's decision. One thing we can do is start raising money and funding appeals for such cases.
NOTE:
Although appeal is the only way to reverse a judge's decision, it is sometimes possible to achieve a better outcome for the child through a petition to modify the judge's order. In New York, modification requires a change of circumstances. Thus, the Court is not supposed to revisit the issues that were already litigated but it can consider a new result for the child based upon the changed circumstances. Look for changes that can be articulated: there is a new incident of abuse (even though prior incidents were not considered proven), the child has articulated a desire to live with someone else where his or her wishes were not articulated before or favored the current situation (this is more applicable for older children), the living environment (place of residence, persons in the residence, etc.) have changed significantly, etc. Also, in very limited cases, a judge might reconsider an earlier decision if you can show him or her newly discovered evidence. This is not an excuse for sloppy work in presenting the evidence the first time around because the Court can refuse to consider the "newly discovered evidence" if the Court is not convinced that you could have discovered the evidence with "due diligence" (which is lawyer-talk for doing your homework).
I do want to emphasize an important point. My experience tells me that the number one reason for CPS not taking steps to protect a child, or the Court not reacting to claims of abuse, -- is for lack of evidence. In many of these cases, the evidence does exist, but has not been properly presented to the authorities charged with the decision-making process. Another thing we could do is train a core of volunteers who would work with parents (or others) to help them compile and present evidence. It is much easier for someone to convince themselves that there is nothing really wrong in a case where the evidence is not blantantly staring them in the face. Most caseworkers are so overwhelmed and overloaded with cases, that going to hospitals and doctors to gather information is time prohibitive. This is certainly a sad statement regarding our system's priorities for child protection efforts, but its reality.
WE CAN HELP.
WE can do the information gathering ~
By obtaining proper authorization from the parent who is trying to get help for their child;
By asking the Court to authorize an investigation;
Or, by at least gathering relevant information and giving the Court Clerk and/or Child Protective Services a list of the names, addresses and phone numbers of the people who can give them case evidence.
We CAN make a difference.
Too often I hear a bunch of chest beating and wailing. That is not effective. What we must do is stop being voices crying out in pain and ignorance. We must organize ourselves into a coherent and unified front, demanding changes. Look at what the parents of Adam Walsh (America's Most Wanted) and the parents of Megan Kanka (Megan's Law) have accomplished! If we could organize and advocate as effectively as these parents and the organizations they founded, we could move mountains!
P.S. We need to differentiate between the majority of cases where the problem is people in the child protection system being overworked, overwhelmed, scared, ignorant, or indifferent, -- versus cases where children are not protected due to criminal conduct on the part of the protective and legal system (bribe taking, influence peddling, etc.). As for those who would take bribes or allow themselves to be improperly influenced, criminal charges should be pressed and they should go to jail for a very long time.
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