allegations of inappropriate contact between siblings

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parents2011

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My 7 year old was in a red flag, green flag program at school. After which she was questioned by the school councilor alone, 3 seperate times. I recieved a call from this man stating there was inappropriate touching between my 7 year old and 14 year old. The guy told me, he was positive there was touching under all clothing. He also kept saying things like he could have remianed annonimous, but felt that God wanted him to reach out to me, and that he didn't want to "toot his own horn" but he thought he was doing a wonderful job. Which I found odd.

He made a report to social services, but I'd like to add that he waited a full 24 hours right up to the minute to report it, he stated he was mandated to report it within 24 hours, and also that he had slept on it to decide what the right thing to do was.

I was horrified and took his call very seriously. I spoke to my 7 year old, and she told me a completely different story, and said she has no idea where this guy got the idea that this had happened. She says all she told him was that her sister bullied (called her names and was mean) her sometimes.

Social Services wants me to bring my 7 year old in for an interview. I would like to know what my legal rights are in connection with this. My husband is leary to allow the interview, we have never been through anything like this. We are concerned of the impact this is having on both of our children involved and are wondering if we need to concent to the interview, and what could happen if we don't.

Please don't misunderstand****************************if this had actually occured, we would want any and all help we could get for both children involved. My sister was molested as a child and I know the lasting impact that something like this can have. I am a stay at home mother and have a wonderful relationship with all of my children, I have spoken with both children involved in this case and I am satisfied that nothing of this nature has ever happened. We have heard horror stories of CPS getting involved in cases like this and ripping families apart only to eventually conculde nothing was amiss to begin with. I don't want my children to be tramatized anymore then they already have been. Any advice would be greatly apprieciated!

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You have the right to refuse to allow social services to interview your child.

You can say your lawyer has advised you to refuse your child's voluntary participation in an interview.

Your husband has great instincts.




You can also ignore them.






Only a judge can order your child or you to do anything. Even a judge can't do so without holding a hearing.

If SS presses this, hire an attorney.

You'd also be smart to forget about disparaging the counselor and focus on protecting your children. If younger child is telling the truth, your older child is in jeopardy.

You and hubby need to speak to both kids separately. It sounds bogus to me, too. But, conduct your own due diligence just to be safe. Then proceed accordingly.
 
Thank you very much for your reply!

We did speak with both children, seperately, and we were both very much convinced that nothing had happened.

My 7 year old was very confused, and had no idea what we were talking about. My 14 year old was terrified that anyone would think this of her.

We know there is nothing we can do as far as the counselor is concerned; and that is not our focus, I just wanted to convey our concern that this counselors observations may have been tainted.

We are very concerned with how this is affecting our family, and how it would look if we refused the interview and what the possible outcomes of that could be, the last thing we want is for any of the children to be removed from our home (we have other children as well, all others are younger than those mentioned.)
 
In certain circumstances, Minnesota law allows children under 10 to be interviewed without parental consent. This could take place at school. I would certainly consult an attorney to advise you, and I wouldn't talk to the children about it anymore.
 
We spoke to them about it after first hearing of the allegations, we haven't had any conversations with them about it since
 
Thank you for the links, I have looked at both of them and found them informative.

My biggest unanswered question is what to expect from CPS if I deny consent for an interview.

My financial situation does not leave much for lawyer expences :(
 
No one can predict what CPS will do. They may choose to interview her at school if you do not consent and they feel she's at risk. They may try to get a court order for the interview. In either case, you will want to have an attorney. It's better to consult with one now, before this progresses, than to wait until CPS has taken action. I doubt that they will simply move on if you refuse to grant the interview.

The best case scenario is that they will close the case. The worst case is that your children will be removed from the home. There are a multitude of scenarios in the middle. Again, no one can predict what will happen.

Good luck
 
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