A question about Child protective services

Reply Thu 14 Aug, 2014 11:11 pm
Hi I am in need of help, child protective services recently found my ex husband not guilty of child mal treatment when the mal treatment was obscene. I read the definition of maltreatment on the CPS website and on various legal websites and it is on par with what he did.

Is it possible that CPS find him not guilty but the courts do?

If that is possible why would CPS make a mistake?

Could it be that CPS made a mistake because of “physical interviews”.

What should i do. I dont want to get into the details but it was serious neglect I cannot trust the children with him anymore.

P.S. This is taking place in minnesota

P.S.S. This is what happened exactly. The children were picked up by my ex for the weekend because it was his turn to take care of them and during this time his cousin raped my children. CPS found his cousin guilty of 8 felony counts. The cousin also pleaded guilty to the first degree. The cousin was only 15 years old and after the sexual abuse happened my ex husband infront of the school counselor said that he would take responsibility of it NOT HAPPENING AGAIN. i could get an affidavit from the counselor to prove this. I found out much later that AFTER he said this my children were raped by his cousin MANY times. maybe over 20. I cant let the boys continue to be with him because of this the children are so young please any help.
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bobsal u1553115
Reply Thu 14 Aug, 2014 11:31 pm
Do you have some sort of welfare case worker or social worker or case worker from ADC or DPS? You could talk to the county or city attorney.
Reply Thu 14 Aug, 2014 11:38 pm
@bobsal u1553115,
Sorry but i dont know what that means. I dont think I do.
bobsal u1553115
Reply Thu 14 Aug, 2014 11:46 pm
How do you get your child support? Look in the phone book for city and/or county attorney. Did you use a lawyer for your divorce?
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Reply Fri 15 Aug, 2014 07:20 am
In general CPS is much more likely to believe you than the courts will be. CPS has a lot of leeway in collecting and considering evidence and they have a much lower standard of proof than the courts do.

In court you will have to prove beyond a reasonable doubt that what you are saying is true. In court your ex-husband will have all his rights protected, he can bring his own evidence, he can cross-examine you, he can raise doubts about your motives.

You should talk to a lawyer, but if you weren't successful with CPS, then you most likely will not be successful in court.

Divorce is always difficult.

If you can find a way to negotiate with your husband it may be the way to find out what is best for your children. You can negotiate visitation terms and get assurances from him about keeping the children safe.
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Reply Fri 15 Aug, 2014 08:15 am
Talk to a lawyer. If your ex was an accessory to child rape then this goes beyond custody and divorce and is becoming a criminal matter. But talk to a lawyer specializing in family law as a push to get your ex arrested will be better coming from the lawyer than from you.

If you don't want your ex arrested (if he knew about the rapes, did nothing to stop them, and provided an environment where they could occur, there is potentially probable cause to arrest him. It does not mean he would be convicted of any crime), then reconsider this course of action. I'm not one for protecting rapists or their helpers (intentional or semi-unwitting or any others), but you should know that this course of action, taken to its end, will likely move beyond family court and into the criminal justice system.
Reply Fri 15 Aug, 2014 08:51 am
The more I think about this story, the less it makes any sense.

If the cousin was found guilty of 8 felony counts, he would be incarcerated. In the story he raped the kids 15 times after that? That sounds impossible.

There are also little details that don't make sense. CPS does not find anyone guilty of felony counts. A felony is a criminal matter that is decided by the courts, not by CPS. And of course, a rape victim will be given counseling and resources to protect him and help him recover. And of course the felony counts would mean the court is already involved meaning the ex-husband (the father of the alleged victims and the brother of the alleged perpetrator) has certainly already been fully investigated.

I suspect this story is greatly exaggerated at best.

Outside of actual criminal conduct, it is far better when divorced parents can work together for the best interests of the kids rather than fighting each other in court. This is true in any circumstance.
Romeo Fabulini
Reply Fri 15 Aug, 2014 09:15 am
Leathan, CPS seem hopeless, so go over their heads and tell the POLICE that your kids say they've been sexually abused many times by their cousin, and see what happens.
It's as easy as picking up the phone..Smile
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Reply Fri 15 Aug, 2014 09:27 am
Yeah, I had seen the bit about CPS finding people guilty. No, they do not. Courts do that. But it might be a misstatement, when the meaning is that CPS made some sort of a preliminary finding.

Either way, I agree that parents should work together for the sake of their children, who didn't ask for this crap when they were born - hence my final paragraph. The consequence of pushing this is the potential intervention of the criminal justice system. If the story is exaggerated and cannot be proven, if it can be shown to be a vindictive, spiteful (and utterly false) move by the OP, then the ex would potentially have a case for abuse of process/malicious prosecution.

But we don't have all the facts here.
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Romeo Fabulini
Reply Fri 15 Aug, 2014 09:53 am
Yes, if the kids know they're going to get abused by cuz, why don't they raise hell and scream "we ain't going!"
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