what kind of lawyer do i need for dcf

by Prof. Dane Mayer I 4 min read

Having an experienced attorney who has worked with dependency matters, and with the multiple agencies that become involved in a DCF case is crucial to helping a parent or grandparent navigate the complicated path of a DCF case.

Full Answer

Why do I need a DCF attorney?

Jun 05, 2021 · What Can a DCF Lawyer Do for Your DCF Case? A DCF lawyer can do all the heavy lifting and legwork for you DCF case. They will get all the necessary documents for your case, handle all communications between your family and DCF, and prepare you for all the questions DCF will ask you and your children. You should s eek a specialist in DCF. A specialist in DCF is …

Who is the best DCFS attorney in California?

As an attorney, my answer is self serving but the only negative of having a at least competent attorney is the financial cost. The attorney can help keep the initial interview on track and articulate for you, be able to advocate why the 51A should not be supported legally and factually, appeal the 51A to a fair hearing appeal, negotiate a fair ...

How do I contact a DCF attorney in Massachusetts?

Oct 27, 2017 · Kevin Seaver is by far the best Attorney to represent you & your children – he is very well-respected by DCF – DCF takes notice when Attorney Seaver is your Representation – they are very respectful and careful as they know Kevin knows law inside & out and will not hesitate to catch and use against them any missteps made

What is a DCF services?

If you would like to engage a DCF lawyer from Lynch & Owens for a fair hearing, call to schedule a consultation today at (781) 253-2049 or send us an email. Retainers and Legal Fees for DCF Representation. In general, we require Clients seeking representation during a DCF investigation to provide a retainer of $6,000.

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Can DCF remove a child without a court order in Florida?

If DCF believes your children have been abused, abandoned or neglected, or are at risk of imminent abuse, abandonment or neglect they can physically remove your children. Under Florida law there must be an emergency hearing held within twenty-four (24) hours of removal.Nov 4, 2019

How Long Does DCF have to investigate a case in FL?

within 60 days
How long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.

How long does DCF case stay open in Massachusetts?

At the end of the assessment, the Massachusetts Department of Children and Families (MA DCF) will review their original “supported for abuse/neglect” decision. After the forty-five (45) days of the assessment, DCF can do three (3) things: keep the case open. close the case and overturn the allegations.

Can I sue CPS in Florida?

Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.Mar 31, 2022

Who is in charge of DCF in Florida?

Shevaun Harris
Shevaun Harris joined the Department of Children and Families as the Secretary in February 2021 after a nearly two decade career at the Agency for Health Care Administration.

What is considered an unfit parent in Florida?

What Does it Mean to Be an Unfit Parent in Florida? Florida Statute §751.05 states that the court must find that a parent has abandoned, abused, or neglected a child to find that a parent is unfit. A parent may also be found unfit if the parent has a mental illness or substance abuse problem.

How Long Does DCF have to investigate a case in MA?

within 15 business days
They have 24 hours to screen-in the report as a non-emergency response. After that, they have two business days to begin the investigation and must complete the DCF investigation within 15 business days.Feb 20, 2021

How do I file a complaint against DCF in MA?

MA DCF has an “Office of the Ombudsman,” which is supposed to help parents who feel the Department treated them unfairly. The Ombudsman's Office can work with you and your local MA DCF office to solve problems. You can reach the Ombudsman's Office on their website or dial (617) 748-2444.

How do I file a complaint with DCF in MA?

The DCF Office of the Ombudsman helps parents who feel DCF treated them unfairly. If you tried to solve a problem with your local DCF office and you are still unhappy, staff at the Ombudsman's Office can work with you and your local DCF office to solve problems. Their phone number is (617) 748-2444.

How do I sue DCFS in California?

The Process of Suing Child Protective Services in California
  1. Find a Civil Rights Litigation Attorney.
  2. Compile and Organize Your Evidence.
  3. Allow Your Civil Rights Attorney to File a Legal Complaint.
Jun 9, 2021

What to do when DCF comes into your home?

When DCF comes into your home, you are under no obligation to speak to them. Immediately call Attorney Seaver. Do not sign any documentation until Attorney Seaver has reviewed such documentation. You have Constitutional rights.

What is DCF parent pamphlet?

DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.

How to contact Attorney Seaver?

If you have any questions, please make one call, only call, call Attorney Seaver at (617) 263-2633.

What is a DCF social worker?

Consulting Services During a Family Assessment – Should DCF enter a supported findings of neglect or abuse, or a finding of substantiated concern, a DCF social worker is typically assigned to a family to perform a family assessment. We advise clients undergoing a family assessment with a focus on mitigating and minimizing harm to the client’s interest and family. Services included the attorney’s presence in the home for DCF visits and interviews, as well as direct contact between the attorney and DCF social workers and supervisors to mitigate concerns and reduce client exposure.

What is DCF consulting?

Consulting Services During a DCF Investigation for Child Neglect or Abuse – The first days of a DCF investigation are often critically important. Lynch & Owens advises clients on interacting with DCF during this period, particularly the response worker, including home visits, interviews with children and family members, and risk mitigation. During an investigation, Attorney Levy will travel to the client’s home and be present during the DCF investigator/social worker interviews. In addition, the attorney will speak and correspond directly with DCF investigators and supervisors in writing and by phone, taking affirmative steps to address DCF’s concerns in a manner that reduces the likelihood of a supported finding of neglect or abuse and/or substantiated concern.

How does DCF work?

1. The Intake Call – DCF receives a call or written communication from an individual or from a mandated reporter that describes a possible incident of child neglect or abuse. Before proceeding to the next step, DCF intake personnel determine whether the alleged neglect or abuse involved a parent or caregiver, where other forms of abuse – such as child-on-child bullying – falls outside of DCF’s scope. Intake staff also determine whether the conduct described by the reporter, if true, would rise to the level of abuse or neglect, where questions are often raised about spanking and parental discipline vs. child abuse .

What happens when a parent is investigated by DCF?

When a parent or caregiver is investigated by DCF for neglect or abuse of a child, early intervention is often crucial. Following a DCF report of neglect or abuse made pursuant to G . L. c. § 51A there are often multiple opportunities early in the investigation process for the agency to “screen out” the allegations of neglect or abuse, or to enter an “unsupported” finding of neglect or abuse against the caregiver following an investigation. For cases in which an “unsupported” finding by DCF is not realistic, a skilled attorney can mitigate the exposure experienced by a client, thereby avoiding some of the severe consequences that can accompany DCF’s continued involvement with the client and his or her family.

Why engage DCF?

Engaging DCF to avoid DCF referrals to law enforcement for criminal charges of neglect or abuse. Engaging DCF for services the caregiver may participate in to limit the duration of DCF involvement with the family. Avoiding care and custody proceedings in which DCF seeks emergency custody of children.

How to appeal a DCF finding?

Following the entry of a supported finding of neglect, a caregiver may appeal DCF’s finding by requesting what is known as a Fair Hearing. An attorney’s representation of a client in a fair hearing is similar to representation in a formal court proceeding. However, succeeding in a fair often turns on the attorney’s knowledge of the complex web of administrative rules that DCF operates under Code of Massachusetts Regulations Title 110, as well as the state’s statutory scheme. (Although caregivers subject to a finding of substantiated concern do not have a clear right to an appeal through the fair hearing process, there may be mechanisms for obtaining a review of the finding through a separate grievance process.)

How long does a caregiver's attorney have to investigate?

If a investigation lasts substantially longer than 15 days, a caregiver’s attorney often engages in a careful and respectful dialogue with DCF, as the attorney seeks to guide the investigation towards a positive outcome while acknowledging the strained resources and difficult mission that DCF investigators face. (It is important to recognize that Massachusetts has the highest rates of neglect of abuse in the United States, and DCF resources are often stretched thin and chronically underfunded.)

How long do you have to file a DCFS claim?

I do both personal injury and family law and have familiarity with DCFS, first you must file a claim within six months of the incident and secondly make sure you have a valid claim as the workers will circle the wagons to protect themselves. As a trial lawyer I can tell you whether I think your proof is sufficient or not...

Does internet posting create an attorney-client relationship?

Internet postings do not create an attorney-client relationship. Receipt or viewing of content of an internet posting does not constitute an attorney-client relationship. There is no representation, warranty or guarantee that postings or comments are accurate.

Can you be sued for a DCFS worker?

DCFS has a large but not unlimited scope of immunity from being sued. If you really can prove that the worker intentionally lied - and that means something more than your disagreement with her conclusions - you should consult a personal injury attorney immediately. You time to file a claim is extremely short...

Who is the attorney for juvenile dependency in Los Angeles?

If you have an emergency Juvenile Dependency hearing with the Los Angeles County Department of Children and Family Services (DCFS), or your County’s Child Protective Services (CPS) agency, attorney Vincent W. Davis & Associates will prepare the necessary legal paperwork and be ready to help you on very short notice. Vincent or one of his associate attorneys are in multiple Juvenile Dependency Courts from san Diego to Santa Barbara on a daily basis. Remember, there are very strict time limits that you must meet in order to take advantage of all legal opportunities for regaining custody of your child/children.

What is a law firm manager?

Managed the daily functioning of the law firm.

Can a DCFS lawyer take my kids back?

Defeat? Sorry, but yes, that is the truth of being nothing more than a number in the bureaucracy of the very specialized Juvenile Dependency Courts! Unfortunately, once taken, you might not see your kids returned in a full year — or ever .

What is a Connecticut DCF Investigation

Generally, there are two kinds of DCF investigations in Connecticut—a low-risk assessment called a Family Assessment Response, or a “FAR,” and a Full Investigation for abuse or neglect.

Advantages of Hiring a Connecticut DCF Investigation Attorney

The biggest advantage of hiring a Connecticut DCF lawyer for a DCF investigation is protection. These attorneys are not afraid to speak up for you and push back against unreasonable requests from aggressive DCF investigators.

Contact a Connecticut DCF Attorney Today

So if you are facing a Connecticut DCF investigation in Connecticut, contact an attorney today. We are not intimidated by aggressive DCF investigators who get annoyed with families who try to level the playing field in DCF investigations by hiring a lawyer.

Who makes these draconian laws?

Rebecca, also – talk to your state legislators. They’re the ones making these draconian laws, and are the ones that can change them.

Can a lawyer contact you if you leave a comment?

If you leave your contact information in a comment on this page, a lawyer might contact you but there’s no guarantee. If you’re contacted by anyone, please be careful to check the person’s true identity. You are responsible to verify that the person is in fact, an attorney capable of helping you in court.

Can I work for a pro bono attorney for free?

If you’re looking for a PRO-BONO attorney, one that will work for free, don’t be surprised if that person is nearly impossible to find. I don’t know of any attorney s who want to work for free. They like to be paid for their services. However, you can try these websites: Justice Denied :: ABA Directory of Pro-Bono Programs :: Bet Tzedek

Do you expect an attorney to do all the work for you?

DON’T – Expect an attorney to do all the work for you.

Is there a lawyer for fightcps?

There are no lawyers working for this website and I cannot give referrals. FightCPS isn’t an organization – it is just a website run by one person.

Can a low income parent hire an attorney?

However, if you’re a low-income parent and can’t afford to hire an attorney on your own, you will have to learn to manage with the attorney the court gave you. You might want to write a letter to your attorney explaining what you need and expect. DO – Create your own “FightCPS Strategy” for working on your CPS case.

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