Child Abuse Civil Lawsuit

Summary

The users daughter disclosed abuse by her grandfather, which allegedly occurred at her fathers house. The case became inactive and no charges were filed. The user is seeking advice on filing a civil lawsuit for emotional distress and loss of wages in Nebraska. The user has faced challenges in obtaining case information from law enforcement and Child Protective Services (CPS) due to HIPAA restrictions. The user has tried to secure legal aid but has faced difficulties due to financial constraints. The user has also attempted to apply for a protection order for her daughter, which was denied due to insufficient evidence. The user is currently seeking advice on how to gather more evidence and navigate the legal system to ensure her daughters safety and justice.

Full Conversation

My daughter disclosed abuse that occurred 2 years ago while at her father's house, by her grandfather. Her case became inactive and no one has been changed with anything. Do I have any way to make a civil case for loss of wages and emotional distress
What state are you located in, ****? This information will help me provide the most accurate advice regarding your potential civil case.
Nebraska
What evidence do you have to support your claim? In Nebraska, you may file a civil lawsuit for emotional distress and loss of wages. However, substantial proof is required.
I have her statement, to an extent. Law enforcement won't respond when I ask for her case info, and cps won't let me know anything about their instigation due to HIPPA. I have been taking care of her alone for the last 2 years and she still doesn't want to go back to her father's
Have you consulted with a lawyer about this matter? In Nebraska, civil cases often require legal representation due to their complexity.
I don't have the money
Do you know about Legal Aid of Nebraska? They provide free legal assistance to low-income individuals. You can contact them at (*) *-*.
Yes. They stopped responding
I'm sorry to hear that. Have you tried reaching out to the Nebraska State Bar Association's Volunteer Lawyers Project? They might be able to assist you.
I've tried everywhere
I'm sorry to hear about your situation. Have you considered filing a complaint with the Nebraska Judicial Branch for the handling of your case?
I filed one with cps when they deemed his home safe after speaking to no one in the house.
What was the response from CPS after you filed the complaint?
To bad
I'm sorry to hear about your situation. Have you considered contacting the Nebraska Department of Health and Human Services to escalate your complaint?
I talked to the head of something with cps. She said it was standard procedure
What was the exact procedure she referred to as standard? In Nebraska, CPS has a duty to investigate all reports of child abuse and neglect.
That if they couldn't get ahold of anyone in the house, they would close the case and consider it safe for her to go back
What steps have you taken to ensure your daughter's safety since the case was closed?
Supervised visit with dad only at my home or my mom's. No contact with anyone else in the house.
What are the terms of the current custody agreement?
There aren't any
What steps have you taken to establish a formal custody agreement?
I haven't. I don't know where to start
To start establishing a formal custody agreement, have you considered contacting a family law attorney or a legal aid organization for guidance?
Right.
In Nebraska, you can file for custody at the district court. Here's the contact: Douglas County District Court, * Farnam Street, Omaha, NE *, Phone: (*) *-*.
Ok.
Have you considered applying for a protection order for your daughter against her grandfather?
Explanation: In Nebraska, you can apply for a protection order if you or your child is a victim of abuse.
I tried. The judge denied it
I'm sorry to hear that. Did the judge provide a reason for denying the protection order?
I didn't have sufficient evidence
What kind of evidence did you present to the judge for the protection order?
Text messages, which was all I had at the time. All I really have. They won't talk to me.
What was the content of these text messages and who were they between?
Between me and her grandma. My daughter disclosed to her first, and they didn't call me, didn't file a report. They ignored her saying that she " didn't think it was a big deal kids just say stuff"
What actions did you take after your daughter disclosed the abuse to her grandmother and you found out about it?
I called cps
What was the response from CPS when you reported the abuse?
We had an interview at the CAC. They didn't contact anyone from his home, and they told me not to let her go alone with him because he could keep her from me like I am to him right now
What actions have you taken since the CAC interview to ensure your daughter's safety?
Same as I stated before
What steps have you taken to gather more evidence since the protection order was denied?
I've tried to talk to people about the family, I've tried to talk to her dad. No one will talk to me, or they don't know anything
Have you considered hiring a private investigator to gather more evidence? They can help in situations where information is hard to obtain.
Yes. They said they couldn't work my case without further explanation
What was the reason given by the private investigator for not being able to work on your case?
He wouldn't tell me
I'm sorry to hear that. Have you tried contacting other private investigators?
Yes I can't afford that either
I understand your financial constraints. Have you considered reaching out to local non-profit organizations that might be able to provide assistance or resources?
I have. There's not much here. I can try again i guess. So, should I start with a pi?
Before hiring a private investigator, have you considered reaching out to a child advocacy center or a child abuse hotline for advice and resources?
We have been there twice. There's not much here.
What was the outcome of your visits to the child advocacy center?
She didn't say the right words for them to continue to investigate.
What specific words or statements were they expecting your daughter to say for the investigation to continue?
I don't know
I'm sorry to hear about your situation. Have you considered seeking advice from a child psychologist or therapist who could help your daughter express herself more effectively?
Yes. We've been seeing one for 2 years She thinks my daughter has blocked out a lot of it
What does the therapist suggest as the next steps for your daughter's healing and for pursuing the case?
Until she says something, nothing. We keep going. Im waiting
What actions has the therapist recommended to help your daughter remember and express her experiences?
She doesn't tell me about their appointments due to HIPPA.
Have you given the therapist written consent to share information about your daughter's therapy sessions with you? This could help you understand her progress and any potential evidence for your case.
I want my daughter to feel safe talking to her
That's understandable. Have you discussed with your daughter about sharing some details from her therapy sessions that could help in her case?