What could happen to my stepdaughter is convicted of neglect? 15 Answers as of November 01, 2012

My grandson was left in the care of my stepdaughters boyfriends care. She was at work and we were not able to watch him. When she returned from work the child has ulcer like burns in his mouth and ruptured blood vessels in both eyes. He was taken to the hospital, he was then put in ICU and a restraining order put on the boyfriend. Tests were done. No medical reasons found for what was wrong. Drs suspect some type of burns and strangulation. 3-month investigation... not definite proof that boyfriend did anything? Therefore, DSS wants to charge mother with neglect.

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Law office of Robert D. Scott | Robert Scott
If a finding of neglect results, she could lose custody of the child.
Answer Applies to: Maryland
Replied: 11/1/2012
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 10/28/2012
Hamblin Law Office | Sally Hamblin
That is serious what occurred to the child. Yes, they are charging the mother with neglect and she will have to defend against those charges. I suggest you find an attorney if you can afford one. Their point will consist of one of many things, but mainly that if the boyfriend was known by her to have that tendency to harm her child and she did nothing about it, then she is neglectful. If she had any knowledge whatsoever that the child was placed in harms way by the boyfriend, then she can be held accountable. Working with CPS is very stressful and it could lead to many issues of legal ramifications. Hire an attorney. Do not speak to anyone if you are going to have an attorney.
Answer Applies to: Michigan
Replied: 10/28/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Possible placement in (Kinship with you) Foster Care and required in-home services until CYF & Judge able to return Child to her.
Answer Applies to: Pennsylvania
Replied: 10/28/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
This is a family law matter, however, your step-daughter could eventually lose custody of the child, who could be placed up for adoption, or put into a foster home. I doubt seriously that any criminal charges will be levied against her. There is also the possibility that the matter will be dropped by Child Welfare Department.
Answer Applies to: Illinois
Replied: 10/27/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    She should get a lawyer. The child was ok when she left and hurt when she got back. She left the child with someone she trusted. The issue would be whether she had reasons NOT to trust him. If so it would be neglect. If she had no reason to believe that he would not take proper care of the child then she is not neglectful.
    Answer Applies to: Michigan
    Replied: 10/27/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It depends on the charge filed against her. She could serve time in prison, but not necessarily.
    Answer Applies to: New Jersey
    Replied: 10/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It's pretty obvious that the boyfriend strangled the child. Burst blood vessels in the eyes is call pathetic and it is a sure sign of strangulation. The question is did your daughter have reason to know that the boyfriend was violent, alcoholic or drug addicted. If she had no way of knowing the boyfriend was capable of this, she shouldn't be held legally responsible. He on the other hand, should be in prison.
    Answer Applies to: Washington
    Replied: 10/27/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    This is very typical of the actions of the Department of Social Services. If they cannot find someone to become the abuse, and the custodial parent is unable to provide a reason for the child's injuries, they commonly seek to have the custodial parent found to have been neglectful. You stepdaughter needs an attorney and to fight this.
    Answer Applies to: Michigan
    Replied: 10/27/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If convicted, the child could be removed from your stepdaughter's care (I presume that the child is hers). She could also go to jail. Clearly something happened to this baby while it was in the care of the boyfriend. Three month old babies do not burn themselves nor do they strangle themselves. You don't say whether this boyfriend has any criminal history of his own. There are a lot of facts that you have not told me.
    Answer Applies to: Washington
    Replied: 10/27/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In our opinion, you need to help your daughter retain an experienced criminal lawyer who also has experience dealing with DFCS as soon as possible. Best wishes.
    Answer Applies to: Georgia
    Replied: 10/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If she is convicted of neglect she will probably be placed on probation, and need to attend parenting classes. She will be expected to keep boyfriend away from child. Any slip up on contact between boyfriend and child will result in her going to jail.
    Answer Applies to: Georgia
    Replied: 10/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    She better hire a lawyer before she makes a mistake, like open her mouth to the wrong folks and incriminate herself. Right now they got nothing, but things will quickly turn for the worse the moment she gives up her right to remain silent and begins talking.
    Answer Applies to: California
    Replied: 10/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She should fight the charge. She did the right thing by reporting it.
    Answer Applies to: Nebraska
    Replied: 10/27/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    She could lose her child.
    Answer Applies to: Michigan
    Replied: 10/27/2012
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