A boy says he touched my daughter while she slept when he stayed the night but she was in bed with me, a dhs report was made?

Asked 10 months ago - Fort Smith, AR

3 months ago i let my friend's 13 year old son stay the night, my daughter slept in my bed and i was up all night, my kids and i went to get breakfast the next morning, i came home and the 13 year old was on my couch playing with himself, my kids didnt see it but i scolded him and took him to his dads. now 3 months later he told his school counselor that he touched my daughter while she slept and his dad going along with it. it is impossible that hat could have happened and now dhs wants me to call them, i am the non custodial parent here and am afriad the accusation alone will hurt my daughter and me. the kids dad actually told his roomate that he is doing this to help get his son help for other problems, so i do have a witness to the this being untrue. what do i do?

Attorney answers (2)

  1. Aaron Scott Hill

    Contributor Level 17


    Lawyer agrees

    Answered . You should contact DHS or CACD to give them your statement. Without going through the process you may not know for sure when/where/what time the alleged incident occurred. Other factors may play into the boy making these statements but you refusing to cooperate will only hurt you and make you look suspicious. If you want to have an attorney present for the questions it would not hurt, you can also ask to record the interview for your own records.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only,... more
  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . Sometimes children experiment You should retain an attorney to call DHS, this could easily be explained, especially if your daughter did not wake up or notice the touching or perhaps she did not want to tell you?

    I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend consulting and using an attorney when you can afford one as that usually increases your chances of winning. But if you can not afford one, consult with one. It is often worth the 2 or 3 hours to know what to say and how to say it. I am available by phone for appointments and the first ½ hour is free

    Do you want your current or ex-spouse to know or hire me first?

    I handle family law matters: child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

    In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support: proof of earnings, needs of the children and percentage of time spent with the child(ren).

    In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

    If you like my post, please mark it as “best” or “helpful”

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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