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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110470
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My now 17 year old son was accused and convicted (he was 9

Customer Question

My now 17 year old son was accused and convicted (he was 9 when he sexually penetrated little 3 year old sister and oral ensued). This happened in his mom's home several times, and this is her second child that this has happened to). The other child is in Foster Care/Boys Home; my thing is that the Colorado Department of Human Services should charge her with Child Dependency and Neglect since it happened under her watch for both of her sons against her daughter. And the Department of human Services hasn't done a thing in that regard, now they've mentioned that they possibly want to lift alot of the restraints on my son and allow him to move into my home where my fiance has a 10 year old daughter, and we have together a 2 year old son and a 2 month old son.
I need help in a particular situation; my now 17 year old son was put on probation, had to spend a week in Juvenile Hall, is serving 2 years probation, and is receiving plenty of counseling and mental health theory ph.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else the Lawyer should be aware of?
Customer: Yes, they should call me so that I can explain
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Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us about this matter?
Customer: replied 6 months ago.
The synopsis of the situation is this, he's seen his mom get arrested over the years, go through domestic violence, and several other relatable offenses that have contributed (I think as his dad) to his demeanor today. You can't simply tell me that she shouldn't be held accountable for damages to our son and her other son.My question is can I hold the Denver Department of Human Services accountable for for charging her with Child Neglect and Dependency for this happening on her watch several times? I don't believe they've done their due diligence, in terms of an investigation, or fact finding into the situation. I want to sue my ex wife Naomi as well, she's the mom in the situation.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
No, I am afraid that the DHS is considered immune from liability for matters that are within their discretion. They had the discretion to file charges with the DA and the DA has the final say as to whether or not any charges would be accepted. So, under the CO law, government entities have immunity from suit in these matters and I am afraid they would not be liable for your son's conduct.
HOWEVER, the fact that MOM was supposed to be properly supervising your son while in her care, you could seek to sue her for negligently supervising him and the infliction of emotional distress. You would have to show in court that had she properly supervised him the incidents he was charged with would not have occurred, which is going to make your case a bit difficult.
Customer: replied 6 months ago.
Ok, I don't agree with the "Not being able to sue the Department of Human Services Aspect"- but I'll take legal action against his mom.Regards
Customer: replied 6 months ago.
I'm not saying for HIS CONDUCT, i'm saying for not doing a thorough and proper investigation into his Mom being negligent. She's let this happen twice.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Look, I personally believe DHS is one of the most incompetent, negligent and abusive agencies and their social workers are negligent, lazy and incompetent. However, in a case where your son engaged in improper conduct even while she was home (reality is that even if she had been properly supervising, your son would have likely found a way to be out of sight for several minutes), the reality is in these cases that they most never result in prosecution, so the conduct of DHS was not grossly negligent in this type of case sufficient to allow you to overcome their sovereign immunity from suit. So, suing the mom is the only realistic legal recourse as much as I would love to tell you to sue DHS, in this case you would be going off on a goose chase to do so.
Customer: replied 6 months ago.
Ok thank you, ***** ***** of a good lawyer? Yourself?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Unfortunately, none of the experts on this site can represent customers of this site. You can get a good local attorney at the same site used by other attorneys, or
Customer: replied 6 months ago.
Ok thank you
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
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