Jun 10, 2015 · 1 attorney answer. Posted on Jun 10, 2015. You need to hire a civil litigation attorney that is familiar with DSS. The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum.
Nov 24, 2009 · It seems you should be able to prove both mother and father unfit using DSS as witnesses. If they are not unfit, then they should get the children back. You said you can't afford an attorney but you should consider using the NC Bar Referral Service (only $30) at www.ncbar.org and an attorney who would "unbundle" their services.
Raleigh, NC Civil Rights Attorney (855) 437-7040 1033 Oberlin Road, Suite 100 Raleigh, NC 27605 Civil Rights, Employment, Medical Malpractice and Personal Injury View Website View Lawyer Profile Email Lawyer Steven L. Gourley Smithfield, NC Civil Rights Lawyer with 8 years of experience (919) 989-8900 115 S. Third Street
The Grievance Committee decides grievances against lawyers based on the written grievance, the respondent's response, and the results of the NC State Bar staff's investigation. The committee does not hear live testimony and its meetings are not open to the public, including the complaining party and the respondent.
Can I Sue the Department of Social Services (DSS)? You can, but you have an uphill battle against the state department of social services (DSS) in court. If you believe that they have discriminated against you or removed your child for no reason, you may be able to sue in federal court.Feb 8, 2022
Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.Mar 8, 2017
Here are some ways to get a CPS case closed quickly.Get the case closed before it potentially goes to court. ... Aim for a settlement, if possible. ... Stay up-to-date on federal and state laws as to what constitutes abuse or neglect. ... Conduct your own investigation. ... Communicate regularly with your client.Apr 29, 2021
North Carolina's Department of Health and Human Services provides guidance and training for child protective services divisions within county-level social services agencies. Then it's up to local departments of social services in each of the 100 counties to interpret and enact the policies.Jun 10, 2021
You have the right to a court appointed attorney if CPS files a lawsuit again you. You can deny any allegations made by the CPS. You have the right to attend all court hearings about your case. If you do not know English, you have the right to an interpreter.
What can be claimed for in claims against social services? When making claims against social services, you will be able to receive Social Services compensation payouts for the following: The physical pain and suffering experienced. The emotional pain and suffering experienced.Feb 1, 2022
If a social worker is either licensed (LCSW or LCSWA) or certified (CSW, CMSW, CSWM) then one may file a complaint with the North Carolina Social Work Certification and Licensure Board. The Board may be reached by calling 336-625-1679, or emailing epope@ncswboard.org.
DSS has the right to file a petition in Court to request that DSS or another relative of the child be granted custody of the child. If the child is placed in the custody of DSS then the child will be placed in a licensed foster care home.
CPS can investigate reports, even if they are false. Mandated reporters are required to report any suspected child abuse. It is illegal for them not to do so. Mandated reporters include doctors, lawyers and therapists. Of course, other people can make reports as well.Jan 21, 2020
If you are requesting information as part of an open case involving CPS, please submit the DSS-5277-ia. Requests must be submitted on your agency letterhead....The request must be on agency letterhead and include:Name.Date of birth.Social Security Number.Programs included in request.Your agency's contact information.
Four types of child maltreatment are generally recognized: physical abuse, sexual abuse, psychological (or emotional or mental) abuse, and neglect.
North Carolina General Statute 7B-101 defines: • Physical Abuse; • Sexual Abuse; • Emotional Abuse; • Neglect; and • Dependency. The law applies to any juvenile under 18 years of age.Oct 12, 2016
Although it may seem unfair, the Judge will almost always take DSS’s side, as DSS will have experts testify as to the wellbeing of the child. This may include social workers, psychologists, and any other relevant witnesses.
Although it probably doesn’t feel like it when a stranger swoops in and takes your child, DSS has a duty to protect the parent-child relationship. The Juvenile Code, which provides the basis for DSS intervention, specifically states that the purpose of the Code is to “provide procedures for the hearing of juvenile cases that assure fairness and equity and that protect the constitutional rights of juveniles and parents.” [G.S. 7B-100 (1)]. Prior to a Court Order terminating parental rights, DSS should be working to protect the relationship between you and your child. That means that you should be named as a necessary party to any legal proceeding taking place, with the only exception being ex-parte actions—where an individual or agency tries to convince the Court that circumstances in light most favorable to the petitioner are so dire that the court should temporarily order a removal or change of custody without giving you a chance to state your side of the story. Although this may seem like a violation of your constitutional right to procedural due process, both the Supreme Court of the United States and North Carolina case law support the validity of such proceedings. Where a child’s interest in being protected from abuse and neglect is weighed against parental rights to procedural due process, the Court will almost always grant an ex-parte order so as to protect the interest of the child. The basis for this was most recently stated in Owenby v. Young, 357 N.C.142, 145 (2003), which states “The justification for the [parent’s] paramount status is eviscerated when a parent’s conduct is inconsistent with the presumption” that the parent is acting in the best interest of the child.
Terminating rights is the most severe—and most permanent—form of state intervention that DSS may use to protect the interests of the child. DSS has an obligation from the initial contact with you to work towards reunification with you and the child.
As a party to the juvenile proceeding, you are ENTITLED to procedural due process, proper service of process (being summoned to Court), notices of all legal proceedings involving the child, and fair, unbiased verdicts from the Judge. Further, you have the right to meaningful participation in the proceedings against you. You’ve probably heard at some point in your life those famous words borne from Miranda v. Arizona, 384 U.S. 436 (1966): “You have the right to remain silent. Anything you say can and will be used against you in a Court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” You should ABSOLUTELY retain an attorney or request that one be appointed to you prior to going in front of a Judge regarding your parental rights.
If a Court adjudicates that your child has been abused, neglected, or become dependent, you are stuck with that decision. The threshold for challenging such a finding is a “clear abuse of discretion”, and those claims are rarely successful.
Those obligations to you include: That you be treated in a courteous and respectful manner. That you know DSS’s legal authority and right to intervene in cases of child abuse, neglect, or dependency. That you know the allegations of abuse, neglect, or dependency reported at the first contact with DSS.
For the next calendar year, you will be required to appear in front of the Judge every 30 days for review hearings. It will be vital that you keep in constant contact with your attorney, and that you comply with whatever conditions the Judge orders.
Ben is a proven advocate for his clients. In 2008, he became a member of the Million Dollar Advocates Forum, a prestigious association of trial lawyers. Membership is limited to attorneys who have won million dollar or multimillion dollar verdicts, awards or settlements for their clients.
Before entering private practice in Raleigh in 1984, Burton was a trial attorney in the Civil Rights Division of the U.S. Department of Justice. He has served as President of the North Carolina Advocates for Justice, President of the American Civil Liberties Union of North Carolina,...
During his time in law school, Mr. Littlejohn received Dean’s List Honors, as well as a Pro Bono Distinction for his work with victims of Hurricane Katrina through the Mississippi Center for Justice, and his mentorship of Charlotte youth through Faith, Hope, and Love Mentoring.
Burton received his bachelor's degree from Harvard in 1971 and a Masters in Public Health degree from the University of North Carolina in 1974. After working as an administrator and consultant for rural health clinics in the mountains of North Carolina and Tennessee, he received his law degree, with high honors, from UNC in 1980.
Mr. Smith has lived in Charlotte for most of his life. He is a graduate of Charlotte Country Day School and North Carolina State University. He received his law degree from Mercer University where he was a member of the Dean’s List and President of the Federalist Society. Mr. Smith began his legal career as an Assistant District Attorney for the 26th District in Mecklenburg County, prosecuting both felony and misdemeanor cases. In 2006, Mr. Smith entered private practice, focusing primarily on criminal defense. Over the course of his career, he has represented clients charged with everything...
You can get a copy of the commission's trial schedule from the NC State Bar's website or by calling our office (919.828.4620). If your grievance is referred to the DHC for trial, bar counsel handling the DHC case will let you know and will tell you if you will need to testify at the trial.
A disbarred North Carolina lawyer must wait at least five years to ask for his/her license back. The disbarred lawyer must prove that s/he has reformed, that reinstatement will not harm the public, and that s/he has complied with other requirements set out in the NC State Bar's procedural rules.
In the first phase, the DHC panel hears evidence and then decides whether the charges of misconduct against the respondent have been established. If misconduct is found by the DHC panel, the second, or disciplinary phase of the trial, takes place.
What Is the Disciplinary Hearing Commission? The Disciplinary Hearing Commission (DHC) acts as the North Carolina State Bar's trial court. It is composed of 12 lawyers and 8 public members, who sit in panels of three to hear complaints of lawyer misconduct referred to it by the Grievance Committee.
If an investigation is needed, the respondent will usually be asked to respond in writing to your grievance. The respondent has 15 days to respond, but can ask for more time. The State Bar's investigators may also talk to witnesses and gather evidence.
The committee members' job is to review your grievance, the lawyer's response, and the results of the investigation and decide if there is enough evidence to prove that the lawyer did something unethical.
Grievances are not made public unless and until the Grievance Committee decides that a complaint against the respondent lawyer should be filed with the Disciplinary Hearing Commission (see below). However, the respondent lawyer will know about your grievance because he or she will be asked to respond.
The membership of the assocation includes (1) attorneys who represent county social services agencies in North Carolina, (2) attorneys employed by the state who are resources for county social services attorneys, and (3) retired social services attorneys who wish to remain connected to the association.
Attorneys who represent county social services departments are deemed to be members of the association. Attorneys who serve in this role should contact the Secretary to be added to the roster. Changes should also be submitted to the Secretary. The roster of attorneys is separate from the dssattorney listserv.
The association assesses annual dues of $10. Dues are collected at the winter and summer conferences.