If your brother gave the photo to the police, I presume he would also tell the police what he saw. If the police decided your brother was making a credible report of what they regarded as sexual contact with a child, it might not matter much that the photo didn't show it clearly. The police always have authority to arrest when they have probable cause to believe someone has committed a felony, and a statement alone can provide probable cause. So yes, if it played out this way, your husband...
Judges are mandated to do their best to be neutral. In our legal system they are not to serve as allies of police, prosecutors, or any government agency.
This does not mean, though, that a judge can do nothing when he or she learns a crime has been committed. But you say that in this case the kids' counselor testified. Counselors are mandated reporters of child abuse, so the judge may have presumed the counselor had made a report.
It may be possible for an attorney to advance your defense, even though no charge has been filed, either by gathering evidence while it is fresh or by presenting your defense informally to the prosecutor or DSHS. The first step would be for you to discuss your case in detail with an attorney. If your current attorney shows no interest in that, then perhaps you do need a new attorney.
"Aggression," as your check of the DSHS Web site suggests, is not a word used much in Washington law concerning child abuse.
Maybe your step-daughter's mother is actually going to be charged with Assault of a Child. That's a crime that comes in several degrees of severity. She should contact a lawyer for help if she's facing a possible criminal charge.
As for the boyfriend, it sounds as though he may be facing, not a criminal charge, but a possible "founded" determination by Child...
From your question I cannot tell what you hope to achieve. Do you want the boys restored to their mother's care? Do you want custody of them yourselves? Do you want to get them to different foster parents? Do you want the one who was sexually molested to get compensation for that?
Of course, you may not have thought all these things through. And without knowing more about the situation, a lawyer couldn't know which of these objectives would be realistic.
In short, you need to meet with a...
In Washington persons younger than 12 are presumed incapable of committing a crime. That presumption may be rebutted, though, by evidence that a particular child younger than 12 is mature enough to be held criminally responsible for a particular act. The prosecutor decides when to ask a court to find that the presumption is rebutted.
It is not likely an 8-year-old would be found criminally liable. Since an 11-year-old is near the age when criminal capacity is automatic, the likelihood he...
In Washington a child's relative has no right to take a child from the child's parent. Unless the family members you mention can persuade the mother to place her children with them voluntarily--or can find someone else who can persuade the mother to act responsibly--I think their only way to get the children away from the mother is to call CPS.
Quite often a person is prosecuted for molesting a child even though there is no physical evidence and no photo. The statements of a child--even a young child--are sufficient evidence if a jury decides the statements prove guilt beyond a reasonable doubt.
Most often the child making the allegations is required to testify in court. Even four-year-olds sometimes testify.
Few persons who interview children want the children to make false accusations. But an interviewer who strongly suspects...
Yes, CPS, with the help of the police, can remove children from a parent's care immediately on the basis of evidence the children are in danger. You need to get a lawyer's help right away.
A lawyer can contact CPS for you and probably can get a picture of the evidence against you. If indeed CPS is contemplating action, the lawyer can help you work out some compromise or, if that isn't possible, can get ready to fight CPS in court.