What was the CPS Process when taking Tyrese's daughter?

Tyrese has become a media sensation as a result of claims of abuse made by his ex-wife and child’s mother, Norma Gibson. She claimed that he, “burst into their bedroom after midnight, poured water on her and proceeded to punch her eight to nine times all over her body” when she was pregnant in 2007. She also claimed that he “pushed our daughter to the ground, pinned her face down, put his knees on her back, grabbed her hands with one arm and beat her with the other. 

BET’s Renee Samuel reports that "The Los Angeles County Department of Children and Family Services closed their investigation and will not be seeking any criminal charges against the actor."* If you're wondering how this is possible, the family services investigation procedure for North Carolina is listed below. 

In NC, Child Protective Services (CPS) follows this process:

1.      CPS receives a report of child abuse or neglect;

2.      CPS investigates the allegation and determines if the family is in need of services or court intervention;

3.      If the perpetrator is not a parent or caretaker, the case is immediately referred to law enforcement and no services are provided;

4.      Following the court proceedings the case may still be referred to law enforcement; **

It is very likely that the courts looked at Ms. Gibson’s story and determined that if these alleged incidents occurred 10 years ago and she only reported them recently, it is unlikely that her claims are true. Concerned parents and family members generally report such abuse immediately. While they may be hesitant in reporting abuse that they themselves have suffered, it is unlikely that a parent would keep quiet about the abuse of their child. It’s also difficult to prove such callous claims when all of the potential scars and bruising have long-since healed. For these reasons, it seems obvious why LA County was unwilling to proceed with any CPS or criminal charges against Tyrese.

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For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27701

P: 919-321-6569

Nastasia@kisalawatkins.com

www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

·         Cary, NC

·         Chapel Hill, NC

·         Carrboro, NC

·         Hillsborough, NC

·         Mebane, NC

·         Efland, NC 

Durham County, NC

·         Durham

·         RTP

·         Bahama

·         Rougemont

·         https://www.bet.com/celebrities/news/2017/11/03/tyrese-court.html

Photo Credit: http://www.businessinsider.com/tyrese-gibson-says-will-and-jada-smith-gave-him-5-million-2017-11

* “Breaking: Court Rules in Tyrese’s Child Abuse Case,” by Renee Samuel, https://www.bet.com/celebrities/news/2017/11/03/tyrese-court.html, published on Nov. 4, 2017, accessed Nov. 7, 2017. 

** North Carolina Division of Social Services; Family Services Manual; Volume I: Children’s Services; Chapter VIII: Child Protective Services, page 19 “Structured Intake, CPS Intake Decision Tree,” July 2017, Change #06-2017, https://www2.ncdhhs.gov/info/olm/manuals/dss/csm-60/man/CS1407.pdf, accessed Nov. 7, 2017.

***Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.