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I'm posting here in case this may make any difference on the response.
Am I right to assume that a "founded" disposition of child sexual abuse level one automatically disqualifies a person from passing a homestudy?
Is there any way to distinguish between this being proof of the abuse versus false accusations that have been recanted and charges weren't filed, yet the disposition has been maintained anyway on appeal?
I would think that this would be considered carefully during a home study, especially the fact that the charge was recounted.
But, if this comes up on as a charge against you on your criminal/child abuse check I would think it may affect your ability to pass a home study.
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Just thought I'd bump to see if I might get any additional insights. I've read that a criminal charge of abuse would result in a failed homestudy, but this begs the question - what if no criminal charges were ever filed?
I am assuming by "founded disposition" you are referring to a cps finding that, as a result of their investigation, they believe X is responsible for sexual abuse.
If that is the case, I believe that it does automatically cause a failed homestudy. It does in my location. I don't think that it matters if charges were filed, because that's a separate issue altogether. Cps can be 100% certain that abuse occurred & the prosecutor still choose not to prosecute due to lack of evidence to present a jury.
It's been a few years, granted, since I had to certify but the process hasn't changed a great deal. We had to go through, not only the standard background checks, but also a search of cps records for an dispositions. If one had been found, we would have been turned down as a resource home. After all, if they are convinced that someone in the home abused a child, why on earth would/should they be ok with placing another child there?
As for distinguishing this between "false accusations"...it seems a moot point. If the disposition survived & was maintained at the end of the appeal, it means they determined that they believe the abuse occurred, despite the allegations being withdrawn. So, their official stance is that they believe X committed sexual abuse on the child in question. So, they don't believe the allegations are false...so there wouldn't seem to be much in the way of distinction as far as cps is concerned.
Thanks for your feedback :) I love it how there's no evidence for a crime to be established, yet CPS can play prosecutor/judge/jury all in one. This is what I assumed, but I'm trying not to assume so much and give due diligence to double-checking :)
Question: is the charge sex abuse where a person is abused or a case where the guy is 19, the girl is 17 and it's consensual+ but because she's a minor, it's considered sex abuse?
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