Tara,

First of all, welcome to the forum. Secondly, don’t ever give up as there are ways to mitigate the effects of the registry.

You need to get out of Illinois, as it is bad for sex offenders. I helped a mother a few weeks ago in an attempt to get her son moved back to Illinois from a Kansas prison and the people in Illinois were terrible to work with. He finally had to stay in Kansas.

You said, “I have 2 children and we cannot live together unless he completes 2-10 years of counseling (depending on the group) averaging $100 a week, but he has been on the waiting list to get in for 4 years.”

Is he still on some form of probation or supervised release in which he has a PO? Is the PO—probation officer---telling him that he cannot live with your children?

The reason I ask is only one or two states have enacted a law by which a RSO cannot live with minor children once he is off all paper time and is only on the sex offender registry. Some states have statutes that state a registrant cannot live with minors but they make an exception for biological children or step-children.

Let me know and I will work with you. We can try to clear this mess up and give you and your fiancé some hope for the future.

Rewdiazepam

No, he has been off any papers for 5 years.

Tara,

If he is off paper and is only obligated to follow the rules of the Illinois sex offender registry, who is telling him that he cannot live with you and the children?

Maybe he cannot live with them now, but according to Illinois law, if he marries you he can live in the same household.

http://tinyurl.com/y9pjrxxj

“CAN A CHILD SEX OFFENDER LIVE WITH CHILDREN?”

“THERE ARE NO ILLINOIS LAWS WHICH PROHIBIT A CHILD SEX OFFENDER FROM BEING AROUND CHILDREN, unless it is at a park, school, or any location designed exclusively for people under the age of 18. If you would like a further investigation into the welfare of a child present in the same house as an offender, you should contact the Department of Children and Family Services. The Department of Children and Family Service Hotline is 800-25-ABUSE.

Within three days of beginning to reside in a household with a child under 18 years of age who is not his or her own child, the child sex offender must report this information to the registering law agency.

CAN A CHILD SEX OFFENDER HAVE UNSUPERVISED CONTACT WITH CHILDREN?

It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor. THIS DOES NOT APPLY TO THOSE CHILD SEX OFFENDERS WHO 1) IS A PARENT OF THE MINOR, 2) CONVICTED OF SEXUAL ABUSE (720 ILCS 5/12-15-C), OR 3) IS MARRIED TO AND LIVING IN THE SAME HOUSEHOLD WITH THE PARENT OR GUARDIAN OF THE MINOR. A person who violates this provision is guilty of a Class A misdemeanor.”

Also, read this---

http://tinyurl.com/y74o5nlf

Access the above link and scroll about 2/3 down the page---

NO RESTRICTIONS ON LIVING WITH CHILDREN

“THE SEX OFFENDER REGISTRATION LAWS IN ILLINOIS DO NOT FORBID A SEX OFFENDER FROM LIVING WITH A CHILD. HOWEVER, THE SEX OFFENDER MUST REPORT TO THE LOCAL POLICE DEPARTMENT WITHIN THREE DAYS OF MOVING INTO A HOME THAT HAS A CHILD YOUNGER THAN 18 YEAR OF AGE WHO IS NOT THE SEX OFFENDER’S CHILD.”

According to Illinois law, he can live with you and the children once you are married. It appears that he is on legal ground to live with you and your two children when you are married.

Of course, anyone can file a complaint with CPS if they feel him living with your children places your children in danger, but that is a civil matter. Since it has been so long since his offense, I doubt a CPS investigation would go very far.

Now, Tara, I do agree that he cannot reside within so many feet of a school---500 feet-- or daycare center, as that is one of the restrictions of the Illinois sex offender registry. But if you and he can find a place that is outside any of the restricted zones, according to Illinois statutes, he can legally live together with you and your children once you are married.

rewdiazepam

The laws that restrict him living a certain distance from a place does not apply to him because he is on a juv registry, but because of the Adam Walsh Act of 2006 he has to register for life. We were investigated by DCFS (the CPS here) 2 years ago and he was told he had to move out because I was knowingly allowing him access to minors. The caseworker was referring to when I was sleeping, he could potentially gain access to them.

I have been fighting SORNA with Illinois Voices for Reform, but the point is to move. I got accepted into K-State but I heard Kansas was one of the worst states for my RSO to live. When I called to ask their laws on him transferring down there they said they just follow the same laws as the Illinois system because thats where he wouldbe transferring from. He scared and doesn't want to do anything to put a spotlight on us. When he was 24 he didn't think that he had to register anymore and was two weeks passed his last registration date when they came to his house to pick him up for a failure to register. He had a bullet in his place that wasn't his but because it was on property they charged him with an ammo charge which made it a violent felony plus a failure to register. He got out 5 years ago. He's never been in trouble outside of the initial interaction when he was a teenager and then a failure to register when he was 24. He was 14, but since his victim was 13 he is an automatic tier 3 sexual predator. Its so backwards. When we were investigated by DCFS, the caseworker thought it was a prank that his co-workers were pulling on him.

I would find an attorney well versed in these types of cases and talk with him. I am pretty good with criminal cases, but much weaker with civil cases. And, CPS or DCFS can do almost anything, but they usually have to have a valid reason. They may claim that a valid reason is that he is a sex offender, but many states do not necessarily use that criteria.

A local attorney in these matters will know how the judges in your area are likely to rule. At any rate, you will need an attorney.

When you were investigated by DCFS, I am assuming there was a hearing.

It seems to me that the DCFS would have to have some evidence that the children are at risk before they can prevent him from living with you and your children.

You might be able to get an attorney to petition the court to overrule DCFS. They have to have SOME evidence to keep him from living with you and your children. But I realize that DCFS has an enormous amount of power.

A better solution might be to find a better state for you and him to live. Illinois is rotten, in my opinion.

rewdiazepam

Nope, no hearing. Just showed up one day, talked to my oldest at school, came over to the house, walk through, said he probably shouldn't live there until he gets a certificate from a counselor saying that he was at low risk of reoffending, then closed the case when he moved out. Never saw anyone but the caseworker and we lived out in the country so the caseworker would use us as an excuse to ride his bike on a country cruise. Super chill and laid back I think I got two letters one saying you're under investigation and the other one saying that it was closed.

Is there a state that you would recommend? One that is RSO friendly and the taxes aren't crazy outrageous?

Tara,

Our messages sort of got crossed and out of order.

You said, “I got accepted into K-State but I heard Kansas was one of the worst states for my RSO to live.”

No, that is not true at all. In fact, Kansas is one of the better states. All states are bad for RSOs, but some states are worse than others. Kansas is not that bad.

You said, “When I called to ask their laws on him transferring down there they said they just follow the same laws as the Illinois system because thats where he wouldbe transferring from.”

That is true only to an extent. For example, if he moved from Illinois where most offenders have residency restrictions to Kansas, which has no residency restrictions, Kansas would not create a residency restriction just for him. Some of the Illinois laws would not be transferable to Kansas.

I think someone has been giving you some bad advice.

I would schedule a consultation with an attorney well versed in sex offender registration issues and issues with CPS.

Keep in touch. I will help where I can.

rewdiazepamn


;

Thank you. You gave us hope again!

we moved from a difficult state and our new state is not using the strict restrictions from the other state. They laughed at how ridiculous they were. We will be fine.

Tara,

Yousodumb said, “we moved from a difficult state and our new state is not using the strict restrictions from the other state. They laughed at how ridiculous they were. We will be fine.”

As I stated, the new state does not always impose the same restrictions as the former state. But moving to another state while still on the sex offender registry is sort of hazardous if one does not do their homework before hand. Many states will use the restrictions which are the harshest. I have seen guys who were supposed to be on the registry for 10 years wind up with a lifetime registration requirement when they moved to the new state.

Tara, I have given your situation a lot of thought and there has to be a solution to your problem. I cannot believe that CPS has that much weight without any specific allegations. A few of the families I have helped over the years have had problems with CPS, but most have not.

As I said, I also believe that you have been given some bad advice along the way. This is why you need to talk to any attorney as he or she will know the law and how to deal with CPS.

Tara, you asked, “Is there a state that you would recommend? One that is RSO friendly and the taxes aren't crazy outrageous?”

You certainly have to stay away from the Bible Belt states. Arkansas, Louisiana, Mississippi, Alabama, and FLORIDA are literally toxic to sex offender registrants; but the other states in the Bible Belt are also bad environments for sex offenders.

Arizona, Illinois, Wisconsin, and Missouri are also states with laws that do not favor sex offenders.

Generally, the best states are in the upper northwestern or upper northeastern part of the country. Oregon is great, but the cost of living is high there. Washington is not bad, and I don’t think---or at least it didn’t----have a state income tax.

Ohio and Kansas are not bad choices. Colorado is in the midst of having their sex offender registry challenged in the courts, so I don’t know the eventual outcome, but it is not a bad state for offenders.

http://tinyurl.com/y8grd5d5

A judge ruled the Colorado sex offender registry violated the Eighth Amendment against cruel and unusual punishment, but the Colorado AG appealed that decision to the 10th Circuit federal court. So I don’t know exactly what will happen there, but no matter the outcome, Colorado is better than most states.

Rhode Island and New Hampshire are the better states in the New England area, but again, the cost of living is higher than some states.

One guy I trust who is reliable said the following----

“I personally have lived in 15 different states during my time as an RSO. I have also spent time in every state in the north eastern United states. My personal experience is that there is no "good" place to be as an RSO However there are areas in the country that are better than others. One of the best areas that I have ever been in is Western NY "Chautauqua County". I found this area after extensive research into the topic and it has worked out quiet well for me and my family. Its inexpensive You can rent an entire house ( 3 to 4 bedrooms ) for around $750.00 and no one will ask you if you are an RSO. There are jobs that will hire RSO's and no one really seems to give a shit about your status as an RSO. Coos Bay Oregon is a good area to live as well , very similar but its very very expensive to live there. The cost of living was just to much for me.

As I said before I've been in many states , I have also spent time in EVERY state in the North Eastern United States including VT NH ME MA PA RI and in my experience New York State has been the easiest to be "successful" in life as an RSO. I can provide more info if you like.”

I know a registrant in Nebraska, and I have to tell you that Nebraska is not bad at all AND the cost of living will not keep you broke.

If I were going to relocate, I would be looking at Oregon or Nebraska.

Talk to an attorney there in Illinois and find out what he thinks. The rules of the registry are not as important as your fiancé being able to live with you and the children. It may be that your situation will be much better when you are married, as they will then be his step-children.

Just don’t lose hope. There is a state for you and your children where your fiancé can live with you. We just have to do some research. Everyone should have the right to live in peace and pursue happiness.

Keep in touch,

rewdiazepam

Thank you. I have finals this week, but we are still looking at schools since I am a criminal justice major, and I was accepted to many colleges for it. This makes the reality of moving for school a possibility. So between his work schedule and our school schedules, we are looking for a good lawyer to speak with.