Legal Question in Disability Law in New York
Possible Sexual Contact w/child
The facts: 5 yr old girl has bruise on labia, shows sexual agression toward younger sibling. Child seemed unsure how she got bruise, but later says her uncle got on top of her(uncle was visiting w/other relatives over night). Mom seeks medical care for bruise (no penetration) & has phone consult w/ child therapist. CPS notified possibly by neighbor. Police visits home w/CPS (after phone consult) & says they must notify uncle. What happens if child receives counseling, will this automatically lead to arrest of uncle, or restraining order based on what she says in therapy? Or do parents need to press charges? The parents want the child to get counseling, but are unsure of what happens next, they thought phone consult was confidential. They want to help & protect child, while giving uncle benefit of doubt, and ruling out any other relatives (including minors) that were visiting at that time. Where can they go for legal advice & questions?
2 Answers from Attorneys
Re: Possible Sexual Contact w/child
Mr. Moroknek is correct, the process is similar in Texas. Most counties in Texas have a Children's Advocacy Center that assist the court in these cases, and are separate from CPS. If you do not want to consult with an attorney, then contact the CAC in your area to discuss your concerns and questions.
Re: Possible Sexual Contact w/child
In New York the situation would be out of their hands once CPS is notified. CPS must investigate, and when they reach a determination of whether the report is "founded or unfounded"
it will either result in prosecution or not.
I don't know whether TX is the same, but I would suspect it is.
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