These questions is probably going to be very vaguely worded, since I may not have all the relevant details.
My BIL had what I think we would all agree was a messy divorce from his first wife. They have two children from the marriage, ages 6 and 4. Currently BIL and his ex-wife share custody of the kids. Recently, the 6-year-old told my BIL that his stepfather shakes him, and has hit him repeatedly; this information was related in the presence of a psychologist whom he has been seeing for a while now.
Despite the ex-wife’s assertions that the 6-year-old has been lying a lot lately (I think possibly to deflect any suspicion of abuse on her husband’s part), the psychologist told my BIL that she is required to report the incident. I personally don’t believe the 6-year-old is fabricating anything, based on my experiences with him and the way his mother has behaved in the past. My questions are:
To whom does the psychologist report the incidents of abuse?
What ramifications might there be for the ex-wife’s husband?
Is the 6-year-old in any danger of being placed in a neutral home environment (not with his mother or father but like a foster home)?
Related to question 1: Does the psychologist make the final judgment as to what constitutes abuse, or is that up to a higher power?
) To whom does the psychologist report the incidents of abuse?
To the Department of Child & Family Services, or whatever the equivalent is in your state.
What ramifications might there be for the ex-wife’s husband?
The abusive stepfather? He could go to jail.
Is the 6-year-old in any danger of being placed in a neutral home environment (not with his mother or father but like a foster home)?
Yes. I believe this is standard operating procedure for DCFS, when possible abuse is reported to them and they take the kid away. Theoretically, the point is to get the kid away from any possible reach of the abuser(s).
Related to question 1: Does the psychologist make the final judgment as to what constitutes abuse, or is that up to a higher power?
That decision is made by DCFS.
Most likely Child Protective Services, thats who we were supposed to call as EMT’s
Being charged and or tried for child abuse if CPS/police finds sufficent evidence to warrant charges.
If CPS shows up, finds signs of abuse child will be taken into protective sutody pending placement with other family members/foster parents (there are “emergency foster homes” for just this type of situation). From my exposure to the process they prefer to place kids with family so your BIL could end up with the kids as long as there is no reason he should be avoided.
The court will be the final judge of abuse. if tried and found not guilty IIRC the kids go back no questions asked. If convicted most likely children will be removed from the home and placed with a family member or foster care
The family members child was placed with (in my experience) were told not to leave kids alone with parents, but were allowed supervised visits. If the family members allow “allegedly abusive” parents free access and the child is abused again IIRC the family members could be charged as well for allowing it.
The child (and probably the sibling) will be medically evaluated, which will probably include questioning by a mental health worker. The child, the parents and possibly other relatives (including the BIL) will be questioned, separately. Investigators will look for similarities and inconsistencies among the stories. The child’s medical records may also be reviewed, and school teachers/day care providers may also be contacted.
The investigation looks for a) whether there’s evidence of abuse and b) who did it.
Laws and definitions vary by state. You can call your community’s child abuse phone number (probably prominently given in the front of your phone book) and ask these questions. If BIL is in another state, you can call for information from that state.
Generally, a mandated reporter or other person calls Child Welfare. Based on that report and any corroborating information, they will investigate, send a notice to the person, or drop it. Note that mandated reporters generally don’t get a choice–if something is reported or occurs in their presence, they must report it even if they think it’s not accurate or unnecessary.
Shaking is a bad deal. It will probably be investigated.