what kind of lawyer do i need for dss

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.

Full Answer

Can a lawyer help me with DSS?

There are things DSS can do and things they can’t do. Hiring a lawyer who understands the system is, many times, the key to maintaining custody of your children. And even if the situation calls for removal, having the right lawyer can mean regaining custody of your children much more quickly.

What do lawyer specialize in?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law. What is Criminal Law? What Do Criminal Lawyers Do?

Why should I hire a Child Protective Services attorney?

Your attorney will defend you against the allegations brought against you, and help protect your parental rights. If you face the necessity to defend yourself against a child protective services investigation or lawsuit, contact an experienced attorney to assist you with any child services issues that might arise.

Do I need a lawyer for a criminal case?

In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.

What are my rights with DSS in SC?

Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.

How long does a DSS investigation take in SC?

DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.

How long does a DSS investigation take in NC?

about 45 daysOnce a social worker has completed the investigative assessment, they will determine whether the allegations of abuse or neglect are substantiated or not. This can take weeks or months but usually last about 45 days.

What happens when DSS takes a child in NC?

A hearing will be required within seven (7) days of the children being taken from your care, and this is called a “non-secure” custody hearing. At this hearing, the Court will determine the need for DSS to keep the children where they are at that particular point.

Can you sue DSS in SC?

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.

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

Can social services search your house?

Re: Can social workers just enter and search your home Only the police can do this, and even they have to have a search warrant from a judge. You have every right to refuse any social service people admission to your home.

What are the 4 types of child neglect?

What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.

What Age Can child stay home alone in North Carolina?

eightIn NC, the only statewide law with a specific age restriction is the NC Fire Code, which states that a child under the age of eight cannot be left alone unsupervised. For additional guidelines and tips, go to the Is Your Child Ready to Stay Home Alone guide by the NC Pediatric Society.

How do I get a CPS case dismissed in NC?

Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.

What CPS can and Cannot do NC?

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.

What is considered child neglect in NC?

A child is neglected if the child does not receive proper care, supervision, or discipline, from the child's parent, guardian, custodian, or caretaker; or the child has been abandoned. A child is neglected if the child lives in an environment injurious to the child's welfare.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

Why is DSS required?

DSS is required to give the parents the opportunity to participate in developing the treatment plan. The simple truth is that you can achieve the best results with the early intervention of a lawyer who understands the DSS system inside and out. There are things DSS can do and things they can’t do.

Can you fight DSS in South Carolina?

You can fight DSS. Don’t let anyone tell you otherwise. When the South Carolina Department of Social Services suspects abuse or neglect, things happen quickly–and that can mean removal of you children. DSS can show up anytime of the day or night.

Can DSS show up at night?

DSS can show up anytime of the day or night. It’s a scary situation, and you need to know your rights. You don’t have to agree to the DSS “treatment plan.”. DSS will, whether they remove your child or not, attempt to put together a treatment plan.

Who will testify for DSS?

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.

What is the duty of DSS?

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.

What action can DSS take?

That you know any possible action which DSS may take, including petitioning the court to remove the child in order to ensure safety and protection.

What is the most severe form of state intervention that DSS may use to protect the interests 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.

What are the obligations of DSS?

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.

Can you say anything against you in court?

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.

Do you have to pay for an attorney for a child?

You have the right to an attorney, and the right to have counsel appointed in the event that you are unable to afford one. You should know, however, that a court appointed attorney may not end up being “free”. In the event that the child is adjudicated abused, neglected, dependent, or that your rights are terminated, a Judge may—and will—order that you reimburse the State for the cost of your attorney. Because of the length of the proceedings and the amount of time your appointed counsel may spend on your case, you may be better off seeking private counsel. Minick Law Firm will work with you to establish a payment plan for your legal fees. You should seek a family law attorney that you resonate with, who has experience dealing with DSS in the county you are living in, and who believes in your case. Our firm will fight for your rights!

What can an attorney do for child protection?

Your attorney can help defend you against a child protection lawsuit. It is best to retain a lawyer experienced in child protection cases. Your attorney will defend you against the allegations brought against you, and help protect your parental rights.

What happens if a CPS believes a child is in danger?

If CPS believes a child is in danger, the agency can arrange for the child to be temporarily removed from the home, with the intent to work with the family so that the child can be returned, safely, as soon as possible.

What a Child Abuse lawyer can do for you

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Why hire a Child abuse attorney

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

Did you know?

About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.