WV WV - Aliayah Lunsford, 3, Lewis Co., 24 Sep 2011 - # 5

[wfgodot]

I'm a bit baffled that, if there's already a history with protective services, it would have taken them this long after the mysterious disappearance of a child to step back in and removed the other children.

 

[lynnb]

I'm a bit baffled that, if there's already a history with protective services, it would have taken them this long after the mysterious disappearance of a child to step back in and removed the other children.

less than a week for CPS to step in and remove children? From what I've read on most CPS policies....to me that was a lightening fast response. IMO

 

[wfgodot]

less than a week for CPS to step in and remove children? From what I've read on most CPS policies....to me that was a lightening fast response. IMO

Hmm.....my ex- is a CPS worker in TX; they would have done the job overnight, I think. But I now live in OK, where CPS would still have not removed the children from the home. Guess it's a state by state thing.

 

[lynnb]

anyone here familiar with the CPS policies in West Virginia? Any foster parents around?

 

[tlcya]

Even with a history of DCF involvement (IF indeed that turns out to be the case) I would imagine DCF would need more than a missing child to remove the children. It is not illegal to have a child go missing. In this litigious day and age, until LE could give them some sort of reason to believe

a) a parent is responsible either directly or thru negligence for the missing child situation

or

b) the conditions of the home when searched by LE made LE feel uncomfortable enough about the welfare of the other children to re-involve the agency

I imagine LE and any other involved agencies are making sure they are following the letter of the law in their dealings with the Lunsfords.

MOO

 

[Knox]

I'm a bit baffled that, if there's already a history with protective services, it would have taken them this long after the mysterious disappearance of a child to step back in and removed the other children.

IMO, things changed quite a bit when the FBI became involved with the case.

 

[lynnb]

Even with a history of DCF involvement (IF indeed that turns out to be the case) I would imagine DCF would need more than a missing child to remove the children. It is not illegal to have a child go missing. In this litigious day and age, until LE could give them some sort of reason to believe

a) a parent is responsible either directly or thru negligence for the missing child situation

or

b) the conditions of the home when searched by LE made LE feel uncomfortable enough about the welfare of the other children to re-involve the agency

I imagine LE and any other involved agencies are making sure they are following the letter of the law in their dealings with the Lunsfords.

MOO

I agree with you. They had to find something in the home. But it may not be something as bad as some people think. Neglect can be a very broad term. KWIM? To some it may mean no food....to some it may be no bath for 3 days. (Just using examples)

 

[Knox]

anyone here familiar with the CPS policies in West Virginia? Any foster parents around?

From that same link upstream.
http://www.childwelfare.gov/systemw...e/index.cfm?event=stateStatutes.processSearch

 

[wfgodot]

IMO, things changed quite a bit when the FBI became involved with the case.

Excellent point.

I'm still unclear, though, why they became involved in the case. Especially because the case does not exactly shout out, "Kidnapping!" (which would allow via their charter the FBI to intercede).

 

[Knox]

Excellent point.

I'm still unclear, though, why they became involved in the case. Especially because the case does not exactly shout out, "Kidnapping!" (which would allow via their charter the FBI to intercede).

I learned about this in the Lindsey Baum Case.

http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/card

 

[lynnb]

From that same link upstream.
http://www.childwelfare.gov/systemw...e/index.cfm?event=stateStatutes.processSearch

Thanks! Taken from link
Neglect is frequently defined as the failure of a parent or other person with responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety, and well-being are threatened with harm

 

[wfgodot]

I learned about this in the Lindsey Baum Case.

http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/card

CARD Teams are primarily involved in non-family child abductions, ransom child abductions, and mysterious disappearances of children.

Got it. Thanks again.

 

[lynnb]

http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf#Page=2&view=Fit
West Virginia
Neglect
Citation: Ann. Code § 49-1-3
‘Neglected child’ means a child:
• Whose physical or mental health is harmed or threatened by a present refusal, failure, or inability of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education
• Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child’s parent or custodian
‘Child abuse and neglect’ or ‘child abuse or neglect’ means negligent treatment or maltreatment of a child by a parent, guardian, or custodian who is responsible for the child’s welfare under circumstances that harm or threaten the health and welfare of the child.
‘Imminent danger to the physical well-being of the child’ means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situations may include:
• Nutritional deprivation
• Inadequate treatment of serious illness or disease

 

[Dr.Fessel]

Excellent point.

I'm still unclear, though, why they became involved in the case. Especially because the case does not exactly shout out, "Kidnapping!" (which would allow via their charter the FBI to intercede).

I read awhile back that the FBI made a policy change and decided to start getting into missing kids cases. They felt they had a lot of equipment and know how that police forces might not have.

Have they taken over the case like that one TV station is reporting? I don't know but I find it hard to believe a sheriff would give up total control like that.

 

[JeannieC]

um, wow. That is a lot of trash, particularly since the family has only lived there a short while. I have seen lots of times in my neighborhood where people (usually renters) do not have garbage pick up and fill their garage with the garbage til it draws rats. Sometimes you will see people fly dumping it in the alleyways, or otherwise dealing with their garbage by other means than garbage service. But to just accumulate it in the house???? Uggh, I would hate to think of the smell alone after a month.

You are so right about the smell. Dirty diapers among the trash! Good googley goo! Just imagine the roaches!

 

[lynnb]

http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf#Page=2&view=Fit
West Virginia
Physical Abuse
Citation: Ann. Code § 49-1-3
‘Abused child’ means a child whose health or welfare is harmed or threatened by:
• A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or mental or emotional injury upon the child or another child in the home
• Sexual abuse or sexual exploitation
• The sale or attempted sale of a child by a parent, guardian, or custodian in violation of the law
• Domestic violence, as defined by § 48-27-202
• Physical injury as a result of excessive corporal punishment
BBM....does this mean if there is a history of domestic violence with the parents a child can be removed?

 

[grandmaj]

If that trash was all over in the house , that is reason enough to remove children from the house. The living conditions were not proper for the children.

 

[lynnb]

If that trash was all over in the house , that is reason enough to remove children from the house. The living conditions were not proper for the children.

not house grandmaj....supposedly from just 1 room!

 

[Knox]

I read awhile back that the FBI made a policy change and decided to start getting into missing kids cases. They felt they had a lot of equipment and know how that police forces might not have.

Have they taken over the case like that one TV station is reporting? I don't know but I find it hard to believe a sheriff would give up total control like that.

BBM- Especially in smaller jurisdictions with limited resources to throw at a case like this. I can't remember if they have to be invited by local LE or can enter a case of their own accord?

There was talk that local searchers were exhausted after seven days spent searching. Maybe Sheriff Guissey is focusing on the local aspects of the investigation and is happy to turn over the pressor aspects of the case to the FBI?

 

[Knox]

http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf#Page=2&view=Fit
West Virginia
Physical Abuse
Citation: Ann. Code § 49-1-3
‘Abused child’ means a child whose health or welfare is harmed or threatened by:
• A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or mental or emotional injury upon the child or another child in the home
• Sexual abuse or sexual exploitation
• The sale or attempted sale of a child by a parent, guardian, or custodian in violation of the law
• Domestic violence, as defined by § 48-27-202
• Physical injury as a result of excessive corporal punishment
BBM....does this mean if there is a history of domestic violence with the parents a child can be removed?

Do we know if that DV charge against RL involved LL? Or was that charge something to do with the attack on the niece?