Can someone who understands Child Protective Services and those laws answer a question for me, please?
Let's say ( God forbid) you tripped over the rug while holding your baby. When you fell you contacted the door frame and cracked your baby's head. Skull fracture results. The next thing you do is run (limp) to the hospital with your obviously injured baby. You tell them what happened, your baby will recover, and they believe you. Until they get all the facts, with a skull fracture on an infant, I'm assuming the ER is obligated to notify Child Protective Services. So now CPS gets involved and you relay your story to them. Let's say they believe you and are willing to accept that this was in fact a horrible accident. Is CPS obligated to have you charged anyway, as a safeguard to protect the child, or can they just 'let it go?'
No, I'm NOT saying that what happened to MJ's baby's head was an accident. But the $75.50 fine, 29 days of work release and 2 years probation still have me baffled. If they believed she did it by accident, they wouldn't have charged her AT ALL, would they?
I still can't get past that sentence. It strikes me that there is no middle ground with the incident involving the infant. Either she was guilty and it was intentional, which should have required a stiffer penalty, or she was not guilty because it WAS an accident and the case should have been dismissed...or does my understanding of the laws regarding CPS just suck?
OK, so this response will probably make me unpopular, but here goes.
Let me start by saying that Idaho's laws may be slightly different (in each state CPS is governed by it's own administrative code written by that states lawmakers) and I can only speak for the states I've worked for, but I'm sure they're similar.
In your hypothetical case, the fact that the hospital reported the incident says a lot. Mandated reporters are only required to report suspicions of abuse; not all injuries involving children are reported. Ergo, the hospital reported the fracture = they were not buying that the injury was an accident.
Now that CPS is involved, there are a couple of things that could happen.
CPS determines you're telling the truth and tripped and that the injury really was an accident. There is no evidence of abuse. Case ends here.
Let's say however, that you were drunk when you tripped. It was still an accident, but your actions (being drunk) put your child at risk of injury. It's likely that there would be a determination of abuse due to negligence. Now you have a CPS record, but this case never sees the inside of a courtroom.
Another possibility is that the investigator determines that the injury was not an accident. The case is founded for abuse. Again, you now have a CPS record. You MIGHT get charged criminally.
CPS, law enforcement, and the DA are all separate entities. Law enforcement may decline to charge, or the DA may decline to prosecute. I used to work in a locality where the States Attorney really liked his high conviction rate. If there wasnt a guarantee that there would be a plea or conviction, the abuser was rarely charged. It is my experience that this numbers game is not uncommon. You guys would be physically ill to know how may parents/caretakers have founded CPS cases but are never charged. Even sex abuse cases. (FYI - that also means those people dont have to register as sex offenders and the public will never know they exist)
So with regard to MJ, the CPS worker did well just to get MJ charged, IMO. The fact that she WAS charged says to me that NO ONE involved bought her story that the babys skull fracture was an accident. Her sentence SUCKED, but was typical. That part I cant explain. Its up to the judge to determine the sentence.
As a side note, I guarantee that the CPS worker who removed the baby had an absolute fit about that baby going home, especially so soon. Again, this decision would be made by the judge. Typically, judges follow a recommendation by the foster care worker (usually a different person than the CPS worker) regarding returning a child home, but the final decision is the judges to make. I was a foster care worker for several years before switching to CPS, and I doubt the FC worker wanted the baby returned either. There are just too many risk factors associated with the case.