What do you do when the victim(of sexual abuse) is a child and the mother will not bring the child to meet with you to prepare for trial? In this case, we have called, left messages and sent letters to no avail. However, the mother is quite willing to go see the defense attorney at his office whenever requested. Any suggestions? By the way, going to her house is not an option - she has moved and we don't know where.

Is CPS involved? I have had success with having the ongoing worker intervene. At a minimum, mom is not protective or not believing the child and cps needs an update. You can subpoena them to the next docket, have mom sworn in and then try to prevail upon her to allow you to interview the child (I would tape it, interview with a partner/witness). An investigator can folow her from the docket to find the house. An ROCIC search will also probably be able to turn up a residence; she is either working or on assistance. Is there a non-custodial parent (probably the def., right?) if so, maybe father can help. I've had luck with Mom's mom on occasion, either bringing the child to me or convincing mom to do so. If all else fails, during school you can go to school with a cps worker to interview the child.

CPS is no longer involved in the case. Mother went thru services and appeared to them to be protective. Problem with serving her is she has moved and not sure where. Definitely still in town. I will try some of the other suggestions. Thanks. Glad to know I am not the only person with this problem.

Unfortunately, she is under no duty to bring her child to you. Perhaps you should begin thinking about a plea offer. You cannot subpoena her to a hearing if her testimony is not needed, so schedule a hearing where her testimony is needed if you want to issue a pre-trial subpoena. Both she, and her child, as witnesses do not have to talk to you, or anyone else for that matter. They can speak to whoever they want to.

Your absolute best is to interview her at school, if the school will allow it, but bring the criminal investigator with you, so that person can testify to whatever the child said.

A children's advocacy center, if you have one, can be the solution. If CPS and law enforcement use a center from the beginning, the mother will develop a better relationship with the governmental people seeking to protect the child. Was a CAC involved in your case?

John- This victim went to the CAC in Georgetown. CPS was involved. But apparently Mom wants the perpetrator back in the home. I just hate to dismiss this case if the guy did it. Hard to plea bargain when the defense attorney has talked to Mom and the victim and I have not.

If the mother has substantially changed the circumstances, then CPS needs to know about the change. If the mother agreed to keep the perp out of the home to get CPS off her back, then changes her mind, CPS can renew their case and begin all over again.

Very recently we've had this exact scenario. Mom moved back into the offender's home and instructed the children not to talk to us.

I called local CPS and discussed the circumstances with their investigator. Their case was re-opened. The children were taken again to the CAC in Denton. New interview, same old facts plus information regarding the mother wanting to reconcile with the defendant. (Possibly we've developed good punishment evidence with regards to his manipulation of mother.)

If CPS found there was reason to believe but the children were not in danger, they can re-open simply because the child is no longer being protected from harm by the caregiver.

FYI addendum: Mom will get rather peeved. If mom has not seen the video taped interview with her child, perhaps she should watch it. In our case, the initial CPS worker treated mom like a perp and alienated her. I was able to salvage the case by letting mom watch the whole interview and be available during the viewing so that mom could ask questions. You're going to have to make the judgment call though. It's like an alcoholic intervention: you may or may not get through to mom that her conduct is harming her children. Clearly mom isn't putting her love for her children above her attachment to the defendant. Seeing her child crying and seeing that the interviewer isn't coaching or tricking her child can be persuasive in reversing the polarity of her affections. It worked for us. Mom just needed to see with her own eyes that we were being fair and just.

[This message was edited by Philip D Ray on 06-28-05 at .]

i agree that there has been a material change. CPS may have chosen not to open the case for services because Mom apeared to be protective. They may think differently now. Remember also that the outcry is substantive evidence so long as you call the child as a witness. It seems to me that mom would be subject to the rule at a trial so at least she would not be in the courtroom. In my experience, very very few children can effectively maintain a lie either way. if bio dad is not the def then maybe he can get you an interview. Someone in that shild's family believes her. There is you ally