Q: After being abused reporting to the police and an arrest is made who is responsible for the children?
In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.
If a parent is arrested for abusing a child, the other parent would likely receive the child (provided they are not also engaged in the abuse or neglect). That would be the case even if the child lived only with the arrested parent, assuming the other parent is willing and able to receive the child. In the alternate, placement would be with a willing and able relative of the parent. Should that fail, then the child may be placed in foster care. So the priority goes: 1) other parent, 2) relative, then 3) foster care.
The abuser does not dictate placement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.