Summary
The user, from West Virginia, is seeking to sue the Department of Health and Human Resources (DHHR), state police, and prosecutors office for alleged negligence and delay in handling a child molestation case. The user reported the abuse in March of the previous year, but the accused was not arrested until May of the current year, despite a confession in April of the previous year. The user is seeking justice for the victim and their family, and also wishes to change the law to prevent such delays in the future. The user was advised to consult with a local attorney specializing in civil rights or government negligence cases, and to reach out to their local legislator to discuss potential legislative changes.Full Conversation
How can I sue the DHHR and state police and prosecutors office for failing a victims family by not doing things in a timely manner
What state are you located in, ****? This will help me provide the most accurate information.
West Virginia
What specific actions or lack thereof are you referring to when you say they failed in doing things in a timely manner?
I reported a child being molested in March of last year and they didn’t have a forensic interview until may, that person was not arrested until May of this year even after a confession in April of last year
What evidence do you have to support your claim of negligence by the DHHR, state police, and prosecutor's office?
I’ve requested files with time stamps and have not received them yet, will an attorney be able to access the records from those agencies faster than me.
What type of files have you requested and from which specific agencies? In general, an attorney may have more experience in navigating these systems and could potentially expedite the process.
DHHR, I requested the initial claim I made in */*/* and the follow up from that; that took them nearly 2 months from my report to start the investigation
What actions have you taken so far to address this issue with the DHHR, state police, and prosecutor's office?
what action should be taken first
The first step would be to consult with a local attorney who specializes in civil rights or government negligence cases. They can guide you through the process and help obtain necessary documents.
yes thank you!
What is the age of the child victim involved in this case?
In West Virginia, the statute of limitations for personal injury cases is generally two years, but it can be extended for minors.
She’s * now. Abuse occurred when she was at a sleepover at 10 years old
What is the current status of the case against the person who abused the child?
he plead guilty, is in jail and sentencing was suppose to be today but was continued due to a conflict of schedule with his attorney. New sentencing date is September 1st
What is the name of the county in West Virginia where this case is being handled? This will help me provide you with the contact details of the nearest court.
Mercer
What is the name of the person or entity you are planning to sue?
For Mercer County, West Virginia, the Circuit Court contact details are:
- Address: * Main St #*, Princeton, WV *, USA
- Phone: +* *-*-*
WV DHHR
What is the specific reason you want to sue the WV DHHR?
LACK OF INVESTIGATION and in a timely manner
What damages or harm have you or the victim suffered due to the alleged lack of investigation and delay by the WV DHHR?
Our family has suffered tremendously due to the time frame it’s taken to find justice. My daughter has been inpatient multiple times under suicide watch, her father has missed so much work due to court dates and meetings
What kind of support or compensation are you seeking from the lawsuit against WV DHHR?
I want to change the law so that agencies like the DHHR cannot drag their feet causing more harm to the victims and their families
What steps have you taken towards changing the law or have you consulted with a legislator or policy maker about this issue?
I don’t know where to start
Have you considered reaching out to your local representative or senator to discuss the issues you've faced and your ideas for legislative change?
who is my local legislator
To find your local legislator in West Virginia, you can use the "Find Your Legislator" tool on the West Virginia Legislature's website.
thank you
You're welcome, ****. If you need further assistance, feel free to ask.