Legal Question in Criminal Law in California

Foster child / child abuse

My husband and I took in a 5 yr. old boy through foster care. One night during jumping on bed and superman play, the child rolled off the bed and jumped up and played a bit more with my husband and then passed out and went into what appeard to be 1) a epileptic attack 2) full body stroke. We did what we could to keep the child breathing and alive until the EMT showed up and rushed him to the hospital. Dr.'s say he has bleeding in the brain and a laceration on his liver. They are saying that the injuries do not coincide with the story. They have placed my husband on investigation and will no longer allow us to see the child. The DA keeps telling my husband that your story doesnt make sense and acts like he want my husband to add on, but he wont because nothing else happened. DA said he may be looking at criminal charges and that the mother and state may also file criminal charges too. Right now, I am begging for someone to help me. I havent stopped crying for over a week when it happened. I am disabled and we have no money. We werent even being paid for keeping the child. someone please shine some lite. If he does get sentenced, they said it would be for child abuse...how much time will he have to serve?


Asked on 3/17/08, 2:42 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Foster child / child abuse

You'd better have an attorney representing him! Apply for the public defender immediately. If not, you're a pending disaster. Your questions will be answered by your attorney, and depend upon the charges brought.

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Answered on 3/17/08, 2:52 pm
Kevin Connolly Kevin J. Connolly

Re: Foster child / child abuse

The liver laceration is the problem. A lacerated liver requires mega blunt force trauma. If your child has undiagnosed Von Willebrand Disease, this could cause his symptoms to mimic a very very heavy beating to the abdomen, but that's much less likely an explanation than that the child was beaten.

You're looking at around ten years "in the system," with supervised release likely after three years or so. Unless, of course, you can explain how a fall off of a bed could cause this much bleeding. So hope like heck that the kid had Von Willebrand's Disease or another blood disorder that could explain how a mild fall during horseplay could do so much damage. And if the child had retinal petechiae, it's kind of a specific indicator of shaken child syndrome.

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Answered on 3/17/08, 3:34 pm


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