My wife was assaulted by the 15 year old girl that we've had custody of for 2 1/2 years. She has accused a teacher of sexual misconduct which the police proved to be false. She caused one of her friends parents to file a report claiming that we neglect and abuse her and the recurring theme of sexual misconduct reared its head again. The agency investigated us , our extended family and ruled all the allegations false. My wife fears for her welfare as she has found threatning posts on tablet devices , my daughters fiances refuse to come to the house for fear of being accused of sexual crimes as do my two sons. The girl has refused to attend counselling many times and has been readjusted to three different schools. WE feel that we are no longer qualified to have a part in her future upbringing and want to resign our guardianship.
This is a sad situation and plainly indicates that the young woman is in some deep pain. You can petition the Probate Court to terminate your guardianship or the Juvenile Court if that is where you obtained custody. As alternatives you can ask the Juvenile Court for a "CRA" finding meaning she is a child requiring services whereby she might be placed in DCF's custody and/or you can request an evaluation from the public school to determine her eligibility for special education. It seems likely she will be placed in DCF's custody and out of your home.
If she were to agree to services and benefit from them, would you take her back?
Best of luck in a tough situation.
You would need a lawyer experienced in Juvenile Court and possibly Probate Court practice.
Fully agree with Atty. Schoenfeld. You can go back to the Court where the guardianship was granted. But getting this girl help, and alerting the Court and DCF of the need, should also be a priority so that the next placement can be one to get her the services she needs. Very sad, but you are to be praised for having taken it on.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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