Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #17 *Arrest*

[GigTu]

I've dealt with Child Protective Services. I went thru the courts too. I tried to save my grandchildren from abuse. My grandchildren were coming to me all the time. There were police reports. We had much documentation and from the children too. CPS said the abuse was unfounded. The caseworker also told us he thought the kids had been coached as far as what to say to him! We asked the court to send their own evaluator. Denied because of the CPS report of abuse being unfounded. CPS was wrong. Trust me. And the caseworker suspected the kids had been coached as far as what to say to him! He knew there was abuse, but couldn't substantiate it because the kids had been coached as to what to say to him. Curdles my blood to this day!

This broke me. There is no hope for grandparents to intervene. :tantrum:

 

[Paddleboarder]

PADDLEBOARDER.

I hope you and the family are obtaining some counseling to cope with all of this. Not going into specifics but it appears LUCAS family did everything they could to help him.

As a childhood abuse survivor I know how much can be hidden. And how a parent can flip on and flip off the abuse switch. In my case people knew but help never came. I survived and left as soon as I was old enough.

I appreciate the sentiment, but I’m not a family member. I’m an advocate for the families of missing. I have been in contact with 5 or 6 family members on both sides of the family (no contact with EG or any of her relatives).

I know this has been difficult for FLA and others close to her. We are all in contact throughout the day. I pray she doesn’t feel that she didn’t do enough to save Luke. Several family members did exactly what they should have done. They documented the abuse and reported it - multiple times. They did everything in their power to save him. For anyone who has said, “I wouldn’t have returned him!” It’s easy to say this, until it happens to your family. I have the utmost respect for FLA.

Lucas death (IMO, there’s no doubt he’s no longer with us) will not be in vain. We will do whatever it takes to draft legislation in Lucas’ name in the hopes that future children don’t suffer as he did.

 

[Paddleboarder]

Just jumping off your post about saying allowing a reported to view a CINC case is unusual- the reporter even noted the judge stated it was likely to be sealed after the case... IIRC


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It’s extremely rare.

 

[Paddleboarder]

I'm hoping for something like this to happen Monday...

Charges for Felony Child Abuse

Felony child abuse encompasses the abuse or assault of any child. When a child is negligently, recklessly, intentionally, or knowingly injured by an act or omission by any person, then that person can be charged with felony child abuse. Even if the charge could be considered a misdemeanor family violence charge, most states will allow a higher charge of felony child abuse (or injury to a child) to be filed because of a general policy interest to protect children.

Felony Child Abuse Elements
A person can be charged with felony child abuse when he is involved in an injury to a child. To support a felony child abuse charge, law enforcement must develop some evidence of an appropriate mental state. Mental state refers to a person’s intentions or thought processes which lead to the eventual injury of a child. The level of a felony child abuse charge will increase as the mental state increases. For example, if a person is charged with only negligent acts, he will usually be charged with a lower level felony, as opposed to a defendant who intentionally tries to hurt a child. The different mental states used in a felony child abuse charge are: negligence, recklessness, knowingly, or intentionally.

The next major elements of a felony child abuse charge are child and injury. State penal codes define who is considered a child for the purposes of a felony abuse charge. Some states will consider any child under the age of 17, while others limit the application of this charge to any child under fifteen years of age. The definition of injury also varies by state, but usually requires some proof of pain. Even though pain is frequently accompanied by bruising or scars, a physical mark is not required to prove injury — only that the child experienced pain or discomfort as a result of the act. Some states do not limit injuries to physical pain. Texas, for example, includes serious mental impairment as an injury in a felony child abuse allegation.

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I don’t think abuse charges are forthcoming.

 

[Paddleboarder]

This makes a lot of sense if the two were trying to save minutes or not go over data(if their cell phones had data plans) because all you would need is a wifi connection to make the call.. If you are on Wifi you don't have to worry about losing minutes or going over your data.

I think it was more that he didn’t have a good cell signal, but had wifi access.

 

[margarita25]

I appreciate the sentiment, but I’m not a family member. I’m an advocate for the families of missing. I have been in contact with 5 or 6 family members on both sides of the family (no contact with EG or any of her relatives).

I know this has been difficult for FLA and others close to her. We are all in contact throughout the day. I pray she doesn’t feel that she didn’t do enough to save Luke. Several family members did exactly what they should have done. They documented the abuse and reported it - multiple times. They did everything in their power to save him. For anyone who has said, “I wouldn’t have returned him!” It’s easy to say this, until it happens to your family. I have the utmost respect for FLA.

Lucas death (IMO, there’s no doubt he’s no longer with us) will not be in vain. We will do whatever it takes to draft legislation in Lucas’ name in the hopes that future children don’t suffer as he did.

Like Sherin's Law (currently in the early stages), Amber Alerts, Klaas Kids, absolutely...There is so much positive opportunity right now through Lucas! I hear you sister (or brother!). With all the awareness that this little guy has brought, his legacy can definitely help kids in the future! :heartbeat:

I posted some stuff way upstream about Sherin's Law...

One thing imo would definitely be if you're not allowed to watch your own children, you shouldn't be allowed to watch anyone else's! Moo...whatever the oversight was on that, maybe a technical thing database thing that can flag in the future... I recently learned AFIS was disconnected to 92 LE bases....anyway)

(Eta, o/t It would mean a lot to me if you guys could take a peek here when you get a chance, tia, just so you know HOW MUCH I hear ya:

Celebrating Jessica Ridgeway - Inspiration for The Lassy Project - Westminster PD
https://www.websleuths.com/forums/s...piration-for-The-Lassy-Project-Westminster-PD)

Et: Gosh, the things I've seen with the locals here, and non locals...Lucas' spirit can surely Move Mountains.

Lucas' Law:
(Please add specific ideas/ input: )

 

[margarita25]

I don’t think abuse charges are forthcoming.

What about murder?

 

[Beth11311]

I don’t think abuse charges are forthcoming.

What charges do you think are? If any? Very curious.


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[Paddleboarder]

Apparently EG was taking out her venom towards JH on little Lucas, I'm thinking to maybe hurt JH. Obviously he knew she was abusing him. Could it be JH tried to make her happier in hopes she would stop taking her frustrations and anger out on Lucas? Could this be why he took jobs far away that had him gone for up to 20 days at a time? To make better money, to get them a bigger place so her sons could be with them too? She probably figured why should she take care of his son and daughter when they need to take care of her boys too. I'm just trying to figure this out because JH leaving his abused son with the abuser is not making any sense to me so far.

I believe his schedule for most of last year was 40 days on and 20 days off.

The 20/10 schedule was fairly new.

 

[margarita25]

I believe his schedule for most of last year was 40 days on and 20 days off.

The 20/10 schedule was fairly new.

(Gosh this is fantastic, PB, thank you.)

(I need to go back, curious if this is an open Q and A (questions submitted via your respectful discretion, of course. Does he know he is talking to us specifically (I'm sure he does...)... going back to catch up

 

[Paddleboarder]

I hear ya, believe me I know and understand lol !
( eta like he'll really want to talk to you then :biggrin: )

I hope you saw post #796, PB :heart:

I just saw it ❤️

 

[margarita25]

Has he commented on the pregnancy? Gah I'll go back, but since you're heeeeere.....:heart: OK I'll go back and read but please know I have a lot of questions, as we all do!

(Eta: Tell him we can burn one over the phone haha, you know re-direct my approach here as far as getting information lol jk)

 

[AFTM]

Does anyone know what time EG court is scheduled for Monday? I don't remember seeing it posted.

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[ESO]

Wow. Quotas and bonuses? The lives of children and families should not be hinged upon money.

This is absolutely not true. There is no quotas or bonuses in state child protection. Period.


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[Charliegizmo49]

I appreciate the sentiment, but I’m not a family member. I’m an advocate for the families of missing. I have been in contact with 5 or 6 family members on both sides of the family (no contact with EG or any of her relatives).

I know this has been difficult for FLA and others close to her. We are all in contact throughout the day. I pray she doesn’t feel that she didn’t do enough to save Luke. Several family members did exactly what they should have done. They documented the abuse and reported it - multiple times. They did everything in their power to save him. For anyone who has said, “I wouldn’t have returned him!” It’s easy to say this, until it happens to your family. I have the utmost respect for FLA.

Lucas death (IMO, there’s no doubt he’s no longer with us) will not be in vain. We will do whatever it takes to draft legislation in Lucas’ name in the hopes that future children don’t suffer as he did.

I understand you’re not family.

After childhood abuse it became my mission as a legislative employee. I fought both sides for and against CPS. I know what it does to a person.

I hope you recognize the sighs when you need a professional. These cases are ugly. And it brings out uglier evil.my point is to recognize it and address it. Take care.

And as difficult as that department (cps)was to handle, I never saw any evidence of quotas or bonuses. Lots of wasteful spending though

 

[chihuahua]

Paddleboarder thanks so much as always for the clarity and info you provide. It's invaluable along with everything else you do for the missing and their families.
I finally get back home this evening to my forgotten laptop. LOL
As always praying today is the day for Lucas :heartbeat::heartbeat::heartbeat:

 

[Mama3boys]

Where is our little Lucas, where could she of put him?

 

[ScarlettLin]

This is absolutely not true. There is no quotas or bonuses in state child protection. Period.


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There may not be now, but the audit in 2010 found that monetary incentives for keeping kids in foster care was present. Here is a document with links to all audits since 2000 and it speaks to the concerns within the agency over that time period as well as notes the reduction of 5 private foster contract providers to 2 across the state. It’s quite the rabbit hole to delve into.
http://www.kslegresearch.org/KLRD-w...ysTF/SmryFosterCare-LPA-Rpts_2000-present.pdf


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[kkdj]

Where have you read that he was not with EG on the 14th?

I think I questioned my own post in another post. I figured (at one point) that Lucas wasn't with EG on VD because she had told JH his ex took him. But then I thought maybe she just didn't want JH to talk or to see Lucas because of abuse. So, I don't know if he was with EG or not. But she lied to JH re VD for some reason.

 

[ScarlettLin]

There may not be now, but the audit in 2010 found that monetary incentives for keeping kids in foster care was present. Here is a document with links to all audits since 2000 and it speaks to the concerns within the agency over that time period as well as notes the reduction of 5 private foster contract providers to 2 across the state. It’s quite the rabbit hole to delve into.
http://www.kslegresearch.org/KLRD-w...ysTF/SmryFosterCare-LPA-Rpts_2000-present.pdf


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And to add to this, as recently as last year it has been noted there is a distinct lack of transparency with DCF so there is very little chance of any impropriety being outed easily if at all
http://www.kake.com/story/36843973/kansas-panel-slams-dcf-on-handling-of-foster-children


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