Child molested by her father-- jail time???

[proudwifey]

What is the name of your state (only U.S. law)? NY

On 10/2/09, My 7 year old daughter told me that her father was "touching her". At first, he was denying the allegations. We then...
*made the necessary visits to the (town where it happened) police dept,
*had interviews with a specialized detective in that dept,
*took her to the Child Advocacy Center for an medical exam and interview with the DA behind a glass "mirror", where a child avdocate, man from CPS, and a few others were watching,
*got her into counciling, and
*have been calling the DA and Dective a couple times a week for updates.

He finally turned himself in 10/30, and has been in the holding center ever since. We had court on 11/4, and the DA overheard him telling his court appointed lawyer that he wasn't denying the charges and that he needed help. He was offered by the judge to have a second court date at the local level (basically a second chance to prove innocence) before it went to the city court (which it would end up anyways because he is facing felony charges on this case), and he denied that chance.
Since then, nothing has happened! It's 12/9, and he's still sitting in the holding center. According to the DA, he can only be held for 45 days unless he's actually charged. The DA has spoken to his lawyer a few times, and the lawyer insists that he is going to plead guilty. So what could the holdup be??
And when he DOES get sentanced, what's the punishment we're looking at? I was told that there "could" be a "possibility" of 6months in jail, with a 10 year restraining order, and that he'll have to register as a sex offender. Personally, I find 6 months miniscule for what he's done to our child. I told the DA that I would only find that semi-acceptible if he were to terminate his parental rights. Any advise on this? Could they really only give him 6 months for this? Can he be forced to give up his rights if he doesn't voluntarily gove them up? Please help.
BTW-the 45 days ends 12/19...we're running out of time!

 

[BL]

Is there any plea deal offered ?

Even if he gets only 6 mos. and 10 yr. probation ,a registered as a sex offender , he won't be able to contact the child or you , or go near the child .

I think what the Judge is doing is letting him know this is serious and giving him time to think about the consequences of pleading guilty .

 

[proudwifey]

As far as I know, there is no plea deal offered. Like I said, there was only the one court date. I (me, and my father came with for emotional support) was told to be there at 9:00. They didn't bring in the prisoners until 11:20.

Once the case was called, he stood in front of the judge, and was asked wether he'd like to (can't remember EXACTLY how the judge worded it) get the second chance at the local court. His lawyer then tried to ask for an adjournment because that was the first time he'd met his client, and the judge denied it, saying that this was the date, and that he had the past few days to meet with him. His lawyer whispered to him (according to the DA) asking what he's like to do. And (again, according to the DA) he said that he was not going to deny the charges, and that he needed help.

That is when the lawyer requested that the case go to city court (which is apparently where all felony cases go to anyways). And since then, it seems to me that the case has been at a standstill. So from start to finish, our case lasted about 3-4 minutes.

Though I will be happy that a 10 year RO will keep him away from my child, I'm still worried. If he walks the streets, it puts (not only my own, but) other children at risk. Also, 10 years, and she'll still only be 17. From the end of that (hopeful) order until her 18th birthday, wouldn't he still have a possibility of (forced) visitation rights to her? I know that she wants nothing to do with him (she's told myself, the DA during the interview, and her counciler a number of times). And I'd like it as well if he would have nothing to do with her...ever. My husband already said he'd be willing to adopt her.

Also, who's to say he will even FOLLOW the RO... Yeah, the courts can TELL him not to contact her for a certain amount of time, but who's to say he'll listen? I'm just really scared, for her and her future...

Thank you for your reply

 

[Silverplum]

Though I will be happy that a 10 year RO will keep him away from my child, I'm still worried. If he walks the streets, it puts (not only my own, but) other children at risk. Also, 10 years, and she'll still only be 17. From the end of that (hopeful) order until her 18th birthday, wouldn't he still have a possibility of (forced) visitation rights to her? I know that she wants nothing to do with him (she's told myself, the DA during the interview, and her counciler a number of times). And I'd like it as well if he would have nothing to do with her...ever. My husband already said he'd be willing to adopt her.

Also, who's to say he will even FOLLOW the RO... Yeah, the courts can TELL him not to contact her for a certain amount of time, but who's to say he'll listen? I'm just really scared, for her and her future...

Thank you for your reply

After he is convicted and incarcerated, you can file for what's called an involuntary TPR (termination of parental rights).

Read all about it at the following two links for NY. I've also copied/pasted some pertinent facts from the 2nd link.

http://www.childwelfare.gov/systemwide/laws_policies/statutes/groundtermin.cfm

http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch

New York
Child Welfare
Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Soc. Serv. Law §§ 358-a; 384-b

An order terminating parental rights shall be granted only upon a finding that one or more of the grounds specified below are based upon clear and convincing proof:
The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.
The parent is presently and for the foreseeable future unable, by reason of mental illness or mental retardation, to provide proper and adequate care for the child.
The child is a permanently neglected child.
The parent severely or repeatedly abused such child.
When a court determines that reasonable efforts to reunite the child with his or her parent are not required, a petition to terminate parental rights may be filed immediately. Reasonable efforts shall not be required when:

The parent has subjected the child to aggravated circumstances, as defined below.
The parent of such child has been convicted of:
Murder or voluntary manslaughter and the victim was another child of the parent
The attempt to commit any of the above crimes
Assault or aggravated assault upon a person less than age 11 that resulted in serious physical injury to the child or another child of the parent
The parent has failed for 6 months to keep the agency apprised of his or her location.
An incarcerated parent has failed on more than one occasion to cooperate with efforts to assist the parent to plan for the future of the child or to plan and arrange visits with the child.
The parental rights of the parent to a sibling of the child have been involuntarily terminated.


''Aggravated circumstances'' means:

A child has been either severely or repeatedly abused.
A child has subsequently been found to be an abused child within 5 years after returning home following placement in foster care as a result of being found to be a neglected child.
The parent of a child in foster care has refused and has failed completely, over a period of at least 6 months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect.

 

[HighwayMan]

According to the DA, he can only be held for 45 days unless he's actually charged.

Well, it sounds like he HAS been charged.

Specifically, what was he charged with?

 

[proudwifey]

As far as I know, no charge has been "named" for this case. He turned HIMSELF in...that is why he's in the holding center. As far as I've heard from the DA, he's admitting he's guilty as for molesting our daughter. So wether it's sex abuse, sex assault, attempted rape, etc... in the 1st, 2nd, 3rd, etc.....I do not know. It's not listed in any of the papers I have either...
When I asked the DA, he said that everything is up to the court date (which is who knows when)...charges are pending


ALSO, as to my first post...she was very graphic about how he was "touching" her... all things that she does NOT need to know about at 7 years old...

 

[proudwifey]

WHEW!!! (somewhat)

Spoke to the DA. They waived his "holding period" (the 45 day stay), and are now going to have him held until at least 1/19. They want to have a forensic exam done on him to see if he's mentally capable of understanding his lawyer and the charges against him. Then they can proceed. Thanks again for all the advise. We'll see how this goes after the new year

 

[BL]

Your welcome . Even though you all are going through some tough times ,I wouldn't worry about him ever getting near you all.