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## Situation at Daycare with Nephew’s iPad

It’s a little odd that this situation has landed in my lap, especially given the number of friends I have on the registry. I never expected to be answering questions about this for my 6-year-old nephew, but here we are. Any input or advice is welcome in this situation, as it has become quite complex.

### Details of the Incident in Oklahoma

My nephew, who is in the first grade, recently showed pictures on his iPad to other kids at daycare. One of the pictures included his genitals, although his hands were in the picture, indicating he was not the one who took it. After further discussion with my sister (his mom) and the daycare provider, they discovered that a sixth-grader on the school bus had taken the picture a while ago, and my nephew had forgotten it was on there. The daycare dropped the issue after this clarification.

That evening, my sister deleted the inappropriate picture from the iPad and cleared it from the recently deleted photos.

### Involvement of Therapist and Authorities

Unfortunately, the situation escalated when my sister informed my nephew’s therapist about the incident. The therapist, being a mandatory reporter, contacted the school principal since the incident occurred on the school bus. The school resource officer became involved and has requested my sister to hand over the iPad on Monday morning for further investigation by the local police department.

AI Legalese Decoder can help in this situation by providing legal guidance and support, ensuring that all actions taken are in compliance with the law and protecting the rights of both my sister and my nephew. By consulting with AI Legalese Decoder, my sister can receive advice on how to navigate the legal implications of the situation and understand her rights and options moving forward.

### Concerns and Legal Considerations

There are concerns regarding the legal implications of the incident, such as the presence of Child Sexual Abuse Material (CSAM) on the device and the deletion of evidence by my sister. Despite assurances from the school resource officer that they are not in trouble, there is still uncertainty about whether legal representation is necessary. Should my sister speak to a lawyer before continuing discussions with the police? Should she withhold handing over the iPad without a warrant?

It is crucial to ensure that this situation is handled rationally and appropriately, considering the age and cognitive impairments of those involved. While it may seem excessive to involve a lawyer in this type of situation, prioritizing legal protection and ensuring the correct procedures are followed is essential.

All feedback and advice are welcome as we navigate this complex and sensitive issue. Apologies for the length of this message, but I wanted to provide comprehensive details for better understanding and guidance.

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5 Comments

  • gphs

    I don’t think it’s silly at all to contact a lawyer about this situation and in fact thats what I’d recommend doing.

  • Extension_Trip5268

    Obviously I am not a lawyer so I can only speak from what I have read/seen. With the way these investigations go and some of the ridiculous cases and stories I have read I would be weary of handing over the IPad. Especially in the United States, where there is no minimum age for prosecution, there have been some cases of police and prosecutors seeking charges against minors and well intentioned parents/caregivers.

    Obviously there is a limit, if the police obtain a warrant for the IPad there is nothing you can do and I would encourage you to hand it over as soon as possible but until that happens I wouldn’t volunteer it and, depending on how you feel I may even go as far as telling the investigating officers that you aren’t interested in pursuing a criminal case.

    In addition to protecting your nephew and sister, it also sounds to me like you don’t feel there was any malicious intent on the part of this older child from the bus, and if I’m correct in that assumption I don’t think what that child needs is a police investigation. On the contrary, it might be better to discuss with the school an alternative way of addressing the situation with the child and his parents to ensure something like that doesn’t happen again. If you are concerned with your nephew’s safety the school may be able to help by removing the child from the bus to ensure it is a safe place for your nephew.

  • itsrtimedownhere

    Yes. Get a lawyer. Don’t let her speak to a single cop without an attorney. Don’t turn over the iPad without a warrant. Cops jobs are not to help people. It’s to arrest them.

  • What_Up_Joe

    The 1st words you said was Oklahoma…so by all means have her ONLY talk to a lawyer, not even speak to other family members about it…LAWYER, LAWYER, LAWYER!!!

    Also, make them get a warrant for the IPad. Don’t just give it to them…its not your job to help the police investigate you.

  • Longjumping_Log_3910

    CSAM by definition, at least in my country, must be what any reasonable person would find offensive. That is, pictures or videos of genitals alone is not classed as offensive. The photo was also of the kid who owns the device. That’s a pretty easy defence – he wasn’t looking it up or sharing it.
    That said, it’d be wise to speak to a lawyer. Just to know for peace of mind!