Can a parent be prosecuted for not doing anything if their child informed them they where sexual abused.

Asked over 4 years ago - Pittsburgh, PA

I have a niece that informed me she was sexual, physically, and mentally abused by her stepfather. When she informed her mother she did nothing about it. This is the second time from what she told me this had happened and the mother did nothing. Now i reported it and the child was allowed to remain at my house by mother's request until the investigation was over. But that has all changed. Mother made the child come back home and CYF agreed even with the child telling them she doesn't feel safe going back. The child will talk to a detective soon and i am just worried that the child isn't safe at home. The mother won't allow the child to talk to me at all so i have no clue of what's going on. Any advice would be great and thank you for your time.

Attorney answers (1)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . Usually the laws that punish people for not reporting sexual abuse of a minor don't apply to a family member who lives in the house. The reasoning behind that is that this person (in your case the mother) may have neglected to report the abuse out of fear for her safety. I am a bit perplexed that law enforcement would law the child to go back with her mom if they know that the mother neglected to report the abuse that was going on. If law enforcement and child protective services will not help you, you should contact a family law attorney and have him file a motion for temporary custody and request an emergency hearing on the matter. Good luck

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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