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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115461
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My 12 yr old niece suffers from polar and has issues with

Customer Question

My 12 yr old niece suffers from bi polar and has issues with attention. She has to be the center of it. One day in school a classmate said to her "Rhiannon you're not the only one with problems". To which rheanon responded "yeah well I was sexually abused by my brother & father". My nephew is now 14. Years earlier my nephew & niece were experimenting with "show me your, "I will show you mine" type of thing. Needless to say with this recent accusation the school nurse alerted the authorities and youth & family services along with the police got involved. Immediately my nephew & his father were immediately removed from the house & were told they could not be anywhere where there are other children. They were forced to stay in a hotel. Eventually youth & family services closed the case regarding my nephew & he was allowed to return home. The police also closed the case regarding my nephew as well as their father however youth & family services says the case will remain open until rheanon reaches the age of 23 with regard to the father. Now they have done no investigating. My sister has grown daughters that john (her significant other & father to my niece & nephew) has been around since they were small. She also has granddaughters around rheanon & Jarod's age that John has been around since they were born. John also has a daughter himself, however youth & family services has not questioned any of these other girls. Never has John's character come into question. Rheanon is known to be an attention getter always having to "one up" to get attention. She is on medication & therapy for her mental health issues however again youth & family services has not investigated any of this. My question is this...if the police have found no means to pursue this and there has never been any question of these accusations in Johns life do they have to just accept the fact that their lives as a family is now over? John can no longer ever see his children again until Rheanon is 23? People don't just wake up one day at the age of 55 & decide to become a pedophile...do they? What recourse do they have? Also I need to add that they are dirt poor. They cannot afford a long drawn out appeal. Is there any thing you can offer to help them? They are desperate. Thank you for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.

Unfortunately, because Child Protection is one of the most negligent and incompetent group you will ever deal with, the only way to get him back home is to now file suit in court against Child Protection and seek a court order to allow him to return. Once John's attorney present's evidence that this is a product of the child's disability and not the truth, the court can and will override child protection and allow him to return and to order child protection to close the case.

I am afraid though that going to court is the only way to beat child protection and their unreasonable orders which generally, as in this case, far exceed their legal authority. They have no justification for this and they either need to charge him or close the case and once no charges are brought, he is allowed to return to the home and that is what the court process is for and I am afraid that is your remaining option.

I understand money is a factor and he needs to go to legal aid or call the state bar for an attorney from their pro bono attorney program to represent him. There are many attorneys in PA who fight CYS and you need to seek them out as well, as many will work with families on costs of their services and payment plans (such as http://www.emkeylaw.com/Family-Law/Children-Youth-Services-CYS.shtml or .http://jerseycriminaldefenseattorney.com/2015/02/19/pennsylvania-cys-investigation-lawyers/ or http://pittsburghfamilylawyerattorney.com/category/cys/ JUST FOR EXAMPLE).

Make no mistake though, John's only way to win this and get back home would be going to court to fight CPS since they have no case against him and no evidence in any case against John.