The right attorney will have COURAGE, will believe in the rights of the individual against the state, will respect constitutional restraint on government, will hate the subversive tactics used by DCFS and will openly stand up to every unlawful and biased ruling of a judge without fear. If you secure two attorneys make certain that they agree to work together and not try to undermine the work of the other. For biological parents it is 72 hours…For foster parents it should be the same length of time but it rarely is.
Even in the biological family DCFS rarely meets their obligation on this time constraint on keeping the children. By rights you should have this hearing scheduled by Monday but this rarely happens. The DCFS Dirty Tricks machine usually goes into overdrive at these hearings, because if, by some quirk of fate you happen to win, they have to rectify things and give your children back and this is simply NOT within their guidelines.
IF you are a foster caretaker chances are you will not even get the chance at a hearing unless you pursue it with a vengeance. The courts often comply and extend the hearing far past the date required by law. Do NOT accommodate them. Keep your cool.
Do all you can to become informed and use their tactics against them. Remember, these tricks can be used both ways if you are knowledgeable. In our case, I discovered this too late. To keep custody of the children they take DCFS must prove that they have made reasonable efforts to protect the children in the foster care situation.
This is rarely the case so they resort to compromising, deceitful tactics. They must prove that the child is suffering from serious abuse or neglect or is in immediate danger of such. This means wounds, broken bones, burns, starvation, etc. If they cannot prove it they will fabricate a case to match their suspicions. They must also prove the removal continues to be necessary to protect the child from serious neglect or abuse and that is where more fabrications enter the picture.
Once they realize that they have acted too hastily, that is when the fight turns nasty and dirty. If the DCFS workers cannot prove their case they stand to face embarrassment for wrongly removing a child. Once they have taken action they MUST make their case stand at all costs. In our case, there was no reasonable way that the social workers could have had any valid records as to what went on at our home because they RARELY, if ever, came to our home to visit and inspect as they should have.
In the five years we had our daughter, CPS workers never came to our home as required they came only once in the beginning.
The license was simply sent to us in the mail. Then, when an allegation was made they fabricated case records and ruined our lives.
She was always given every opportunity to succeed and develop a healthy, complete self-image. We were nearing the final adoption stage when our daughter and CPS workers brought false allegations or at least that is what the State and the social workers contend and the California CPS and Nevada DCFS stepped in and claimed her for their very own.
All communication was cut off between us and she never really knew how hard we fought to have her returned to us. Of course, had we known then what we know now about RAD…Radical Attachment Disorder…We would have been better prepared to deal with what came our way. But like they say…hindsight is better than foresight!
The DCFS agent will try to get into your home to do an assessment but will use any evidence gathered there against you. They will try every trick in the book to gain entrance to your home but if you are smart you will block their efforts.
They will try many times but you must be consistent in your refusal to admit them. Local law may be written to allow them to gain access to your home without a warrant, but the Constitution, which is over the local law claims priority here.
Do your best to assert yourself in these instances and refuse the agents entry into your home. Of course there are certainly instances where this is an impossible task, but do everything you can to protect yourself here. No guarantee is given as to the confidentiality or security of data passing via this web site.
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Submission of information to this firm does not create an attorney-client relationship. Submit a Law Firm Client Review. Email: info californiacriminaldefender. View More. Western Region. Southwestern Region. Region del norte. Abuse is defined as n on-accidental harm or threatened harm of a child or sexual exploitation or sexual abuse.
See Utah Code 78A If you have concerns about your DCFS case, we encourage you to first discuss them with your caseworker or their supervisor. You can also contact Constituent Services at dcfs utah. Abuse or neglect complaints are defined in statute, and include mental injury, physical injury, sexual abuse and exploitation, negligent treatment or maltreatment, and excessive corporal punishment.
Referrals are also made to community-based services to assist families to prevent their entry into the child welfare system. Because child abuse and neglect are complex and multidimensional, CPS alone cannot effectively intervene in the lives of maltreated children and their families.
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