I need someone to help my daughter.She is 3 years old and has a 12 year old brother who is touching her sexually and hitting her and choking her.We reported this once and HHS said it was unfounded due to not enough evidence.She went back to her mom's.When she returned to me this time we asked her if her fences and boundries worked when she was at mom's she said" NO ****** is still hurting me."We reported it again, she went through the horrible interview process again,and once again HHS says well she is only 3 and her testimony alone is not enough.They need forensic evidence.I NEED SOMEONE TO HELP ME HELP THIS LITTLE GIRL.I am pleading and begging for anyone who knows how to help us to respond.

I need someone to help my daughter.She is 3 years old and has a 12 year old brother who is touching her sexually and hitting her and choking her.We reported this once and HHS said it was unfounded due to not enough evidence.She went back to her mom's.When she returned to me this time we asked her if her fences and boundries worked when she was at mom's she said" NO ****** is still hurting me."We reported it again, she went through the horrible interview process again,and once again HHS says well she is only 3 and her testimony alone is not enough.They need forensic evidence.I NEED SOMEONE TO HELP ME HELP THIS LITTLE GIRL.I am pleading and begging for anyone who knows how to help us to respond.

The only thing you can do at this point is to take her to the Dr. each and every time she comes from Mom's house. That is the only way that I can think of to gather physical evidence. Also, be sure that her pediatrician is aware of the situation so that he/she knows what to look for.

Maybe someone else will have more suggestions, I'm sorry this is all I can think of right now, except that I'll be praying for your daughter.

If a situation is dangerous enough and you are protecting the child, in some states you can violate the custody order and file for an emergency hearing for custody. My understanding is if you keep letting the child return to the dangerous situation, it undermines your case b/c it shows that it was not bad enough for you to refuse her access. You risk being held in contempt of court, but if your daughter is in that bad of a situation, it sounds like it could be a risk worth taking.

If a situation is dangerous enough and you are protecting the child, in some states you can violate the custody order and file for an emergency hearing for custody. My understanding is if you keep letting the child return to the dangerous situation, it undermines your case b/c it shows that it was not bad enough for you to refuse her access. You risk being held in contempt of court, but if your daughter is in that bad of a situation, it sounds like it could be a risk worth taking.

You are correct to a point, however before filing the parent has to make sure that they can prove thier case. Unfortunatly for this OP thier isn't enough documented proof yet. It's a horrible situation but if the NCP files for custody and cannot prove abuse they are hurting thier child's chances of getting help.

Unfortunately, the child is getting no help otherwise, and documented or not, the child is in an unacceptable situation. This is exactly the tactic that a close friend employed in a different, but still unacceptable situation, with no proof, but bad enough that it could not continue without trying to do SOMETHING.

It worked. The other parent had no choice- they had to either wait for a court date (took too long) or rectify the situation and enter into a voluntary court order that was worked out between the parties. True it could have gone differently, but it didn't, and as a result, the child is living a safe life now.

I would suggest some creative legal manuvering- can you get the child to describe the situation to a doctor and have the doctor prepare an affidavit and report it to authorities? It is heartbreaking that the father has to stand by and watch this- there is more that can be done.

Think outside the box. Get a good, aggressive attorney. Your child is in danger, and you DO have the power to do something about it. I wish you luck, it sounds like you may need it. My thoughts are only based on anecdotal experiences, so please please get an attorney knowledgable in your state on how to proceed. It may be the best investment you ever make.

Well the first time she reported it was a month ago,I took her to a MD. she confirmed that she had been abused,we went to cps in the town where mom lives as it was in their jurisdiction,she was scared when we went there and could only give them sketchy details of what happened,we had an emergency hearing and she was allowed to stay with me while they investigated it,it was found unfounded dude to not enough info.the courts returned her to her mother,and a safety plan was suppossed to be put in effect at moms house.
when she returned to me three weeks later,I could tell something was wrong with her and bothering her,she was here for approx. 1 week before we went to see our family counselor,thats when the counselor asked her about mos house and how things went,thats when she told her her brother was still hurting her,and gave her details.We went to a family advococy center,in the town where i live,they did an interview and she told them what had happened,The interviewer called me intyo the room and explained their are many red flags in what she told,and she is concerned about her returning to moms on sunday night.The problem lies in the jurisdictions,It happened at her moms so thats where the crime is committed,so the pd there has to investigate it and they cant legally tell me not to take her back.The interviewer and the detective who did the interview with her both said we cant legally tell you what to do,but as parents we would not return her.
I contacted my atty.and he says he cant tell me not to return her and to make my decision and we will deal with it then.I have had many athority figures tell me its my right as a parnet to protect her and if I feel she is not safe to keep her here where she is safe.I discussed this problem with mom and she absolutely does not believe her daughter,If you cant believe how can you protect her????I will face contempt charges but i believe,although i am not sure that I will have my chance to show cause as to why i violated the court order????

Well the first time she reported it was a month ago,I took her to a MD. she confirmed that she had been abused,we went to cps in the town where mom lives as it was in their jurisdiction,she was scared when we went there and could only give them sketchy details of what happened,we had an emergency hearing and she was allowed to stay with me while they investigated it,it was found unfounded dude to not enough info.the courts returned her to her mother,and a safety plan was suppossed to be put in effect at moms house.
when she returned to me three weeks later,I could tell something was wrong with her and bothering her,she was here for approx. 1 week before we went to see our family counselor,thats when the counselor asked her about mos house and how things went,thats when she told her her brother was still hurting her,and gave her details.We went to a family advococy center,in the town where i live,they did an interview and she told them what had happened,The interviewer called me intyo the room and explained their are many red flags in what she told,and she is concerned about her returning to moms on sunday night.The problem lies in the jurisdictions,It happened at her moms so thats where the crime is committed,so the pd there has to investigate it and they cant legally tell me not to take her back.The interviewer and the detective who did the interview with her both said we cant legally tell you what to do,but as parents we would not return her.
I contacted my atty.and he says he cant tell me not to return her and to make my decision and we will deal with it then.I have had many athority figures tell me its my right as a parnet to protect her and if I feel she is not safe to keep her here where she is safe.I discussed this problem with mom and she absolutely does not believe her daughter,If you cant believe how can you protect her????I will face contempt charges but i believe,although i am not sure that I will have my chance to show cause as to why i violated the court order????

Before making a finding of contempt the court is "supposed to" allow the contemptor the opportunity to present thier defensess/evidence. It sounds like you have hard evidence already (something I was unaware of when I posted my first advice) so if you feel it is in her best interests to not return her it might be the best way to get the court's attention.

What about involving your local representative, congressman, etc to get some internal political pressure working at these agencies to be more responsive. This is not the kind of thing that your governor, or local reps would want to be publicized as happening under their watch.

What about involving your local representative, congressman, etc to get some internal political pressure working at these agencies to be more responsive. This is not the kind of thing that your governor, or local reps would want to be publicized as happening under their watch.

Thanks for the advice,I have spoken to people at the governors office and at the senators office and representives at a domestic abuse and sexual assault coalition.So with any hope at all they will help also.

I just wanted to say that you can present the child's medical records including notes from the counselor as proof that you had a "reasonable fear" for your child's safety and if you have a lawyer with half a brain he should be able to get you out of any contempt charges.
It is likely that the "brother" was also abused at some point and that this is learned behavior. I hope that you will keep up the fight because it sounds like both children need help.

Hi, I sent you a PM, but wanted to follow up here. I can't find anything in the Nebraska statutes for an affirmative defense in this type of situation. BUT, as Stuck said, any decent atty should be able to present to the court how it was in your child's best interest.

Also, (and please correct me if I am wrong) did CPS issue an order or report that the boy could not be alone with your daughter? (I am having a hard time remembering what the final outcome was the first go 'round). If that is the case, any HACK of an atty should be able to handle this with no problem.

Yes I FIRED my previous attorney and retained a new one yesterday.He was shocked after reading the medical records and counselors affidavits,and counselors records that none of that was admitted into previous evidence.He has since filed new papers and is working diligently to put a stop to this.

MOMMYOF4 you are correct cps did institute a "safety plan" at moms house where he was never to be left alone with her,apparently that didnt work.
She still doesnt believe her son would do such a thing and cant believe she would say such things.

I am very very upset she had to go through this a second time in order for someone to take this seriously.Hopefully i will be able to keep her safe from this kind of sickness form now on!!!!