Is there any legal recourse??

[sdverner]

I will try to brief but yet not leave anything out. Somewhere in our wonderful legal system someone "dropped the ball" when it comes to the welfare of both of my children.
In May of 2007, I reported an incident in my own home to the local sheriff and to CPS because I did not know where to turn for help and knew enough NOT to keep it underwraps because though it was embarrassing, GOD forbid anyone were to actually find out from anyone other than myself or my husband. (My ds had a forceful sexual encounter with his half-sister) I did not ask questions about whether this was experimentation, ect..I just knew that this was unacceptable and needed to be addressed. Anyways, I made the call in May. CPS did not follow-up after initial meeting until November of 07'. At that time I told them that the sheriff's department nor the Juvenile Department had not contacted us either. Within 2-3 days we were asked to bring our ds to the sheriff's department to be fingerprinted and charged; we were also contacted within 2 weeks by the Juvenile Probation Dept. and were told that within another 2 weeks we should hear from a court appointed attorney and would be given a court date. By January of 08--we had heard nothing. Our ds was put in AEP at his school right before Christmas and we were told that once he appearred in court he would be ordered to sex offender counseling for 2 years and 2 years of probation. The counseling was vital as we had tried several counselors and even a place called "Red River" that does residential treatment as my ds has emotional issues on top of what he had already done. The only way to get him in such extensive treatment was either by referral or court order so we were extremely hopeful and anxious to get into court and have everything resolved. In March 08, my ds had a second encounter with his half sister. He was detained from the 3rd of March to the 31st in Juvenile Detention, and has since had his day in court and ordered to therapy and probation; he is not allowed to live in our home and may only have limited supervised contact with his sister. Our first appearrance in court for a detention hearing brought forth the knowledge that the DA had NOT filed a case and that is why in almost a year we had not made any strides towards getting my ds the help he needed. We were told several times by the Juvenile Probation Dept. that they should have seen our ds in June of 07 and he should have already been on probation and attending the extensive treatment that the court would have ordered. Now I know some will read this and think where were we at when these incidents occurred or why didn't we just handle it differently? First of all, both incidents occurred while out of my sight for less than 10 minutes (the first--I was in the bathroom, the second I had gone to put supper in the oven) I wasn't asleep on the couch or drunk and passed out; My dh works on a rehab unit at a hospital locally. I myself work for a church daycare and value every minute I spend with my children and those of others. I did exactly what I was supposed to. I feel though like the system let my family down, let my ds and my dd down. If an adult had similiar contact with a child they wouldn't stand by for nearly a year with the hands up their butts, they would jump on a conviction. The Chief Juvenile Probation Officer even admitted to us that someone did not do their job when it came to the way this case was handled. Where do you go with that? We were threatened by CPS, we had to choose between our 2 children, no one seemed to want to treat my son for what needed to be treated and we made attempts but were told "he's not suicidal". I could have sat back, dealt with it within the family unit and would have always wondered if either of my kids had told anyone at school, ect. I could not take the risk of losing either of my children, I just wanted my ds to get help. If anyone has any suggestions, feel free to let me know. I do not need responces condemning my child or family for his actions. He is and has been punished; his sister still loves him and is angry because he is not home. I'm just fed up because you try and do what's right and it bites you in the backside.

[annjd]

Well it would help to get professional reports that the problem is being dealt with and you could perhaps petition to change the living circumstances eventually but frankly it would seem some time will be needed--that is a serious problem...