Legal Question in Family Law in Indiana

Abandonment

We have a teenage son who has repeatedly stated that he is going to kill his father and himself if he comes back to our house. He is in a mental health treatment hospital now, he is due to be released monday. CPS will not intervene, they have been contacted by the hospital that he be made a CHINS case, they refuse. He doesn't want to come home and we don't feel we will be able to handle him The hospital stated that if we don't get him when he is released, that CPS will be notified, that he was abandoned. Is this a criminal act or civil? Could we be arrested? We really don't want to take this route, but feel we have no other alternative. Probation and CPS both refuse to help us with this child. He has been arrested for intimidation against us, he has runaway several times, he is violent towards my husband, threatening to kill him. I also have filed charges of assult on him, but we can't seem to get any help with this situation. He has admitted to alcohol and marijuanna use, we've tried grounding him , taking away priveleges, etc . He yells and curses at us and we cannot do anything with him. We feel we have no other alternative but to force CPS to take him , but don't know if we could be arrested or not. Could you please reply soon


Asked on 5/12/06, 1:50 pm

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: Abandonment

Obtain a Protective Order. You'll probably need a lawyer for this. State within your complaint your fear of serious harm. Your lawyer can file for an Emergency Injuntive Order asking for the Court to compel CPS to act and to begin a CHINs proceeding.

Realize that you will be billed for his care by the state. It can get to be quite expensive.

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Answered on 5/12/06, 2:24 pm


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