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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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If a person is suspected of child abuse or disciplinary concerns

Resolved Question:

If a person is suspected of child abuse or disciplinary concerns , why would child protective service allow the child to remain in the offenders household or under his or her care? Also if a child is found to be deceptive by teachers and family as well as has been diagnosed with a mental illness (unspecified mood disorder) will these things be taken into consideration?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Who suspects the person of the abuse?

Did the police file a complaint or an individual?

Please explain the circumstances.

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 5 years ago.
The school nurse reported it to child protective services after the child told the nurse that the child's father spanked him with a cloth belt on his bottocks the night before. The nurse observed a bruise about 1 1/4 inches long on the child's inner thigh and attributed it to the spanking. There were no other marks noted. However, the child does attend martial arts classes on a daily basis for three hours or more.
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - Obviously I can't read the minds of the people at CPS so I can't say "why" they did not remove the child since they have the discretion as to removal based on their investigation. If the child has a history of "crying wolf" or being deceptive it certainly would be part of their consideration but generally they err on the side of caution in these situations by removing the child and then getting to the bottom of the problem.

A school nurse is a credible witness and is independent of any family in fighting so I would assume he or she would be taken seriously.

All I can tell you is that if CPS is involved they should be doing a complete investigation of the entire case and they must feel the child is safe at this point because in my experience they tend to over react rather than leave the child in a dangerous situation.

Customer: replied 5 years ago.
But suppose the other parent (i.e., stepmother) witnessed the spanking and stated to the CPS case worker that at no time did the child's father spank him other than on his bottocks with the belt. Will she be considered credible also? Or at this point should the offender seek legal counsel?
Expert:  Dave Kennett replied 5 years ago.
The offender should definitely seek legal counsel in any event. You can't control what a witness tells the authorities. The suspect should never, ever talk to the authorities about anything.
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