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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99465
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 14 year old nephew touched my 5 year old inappropriately

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My 14 year old nephew touched my 5 year old inappropriately at my sister's home about four months ago. My son told me about two days ago and I called CPS myself. My sister and I live next door to each other. My nephew has a history of mental illness and has been accused of touching another family member but that case was dropped because the child said nothing happened. Will CPS take my children, make me move or will they remove my nephew?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your family's situation.

Can you please tell me:

1) Is CPS currently pursing this case or did they drop it as well?
2) Has there been a meeting with CPS and/or have they investigated, yet?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

they have not started an investigation yet

Thank you, A.

If a child is accused of inappropriate behavior by another child, CPS may do an investigation. They normally work with the family whose child is being accused. Ergo, it is highly unlikely that your family would be asked to relocate and/or CPS would take your children. The latter would only be true if CPS had reason to believe and the court confirmed that you were actively knowing of and failing to prevent the abuse. In short, this is unlikely.

However, they are more likely to work with the nephew. While removal is unlikely, the family may be asked to undergo special counseling with him in order to avoid any custody litigation by CPS. Most parents comply to avoid having to defend themselves in Court.

I hope this helps and clarifies. Good luck.

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