what type of lawyer do i need if dfs is trying to strip my rights

Why hire our DCFS lawyers?

Our lawyers help people and families with DCFS cases, we will help you find the truth among the allegations. We are committed to helping children grow up in healthy situations and environments, preferably with their parents.

How to fight your DCFS case?

How To Fight Your DCFS Case? We can help you fight and WIN! The case will go to an administrative hearing, followed by a recommendation on a potential termination of parental rights. The appeal can go through the circuit court all the way to the appellate court.

Can DCFS take a child without a court order?

The court can enforce what DCFS thinks is necessary to guarantee the safety of the child. If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge. In other cases, DCFS has already determined they need court involvement. They take the child from the parents without any prior agreement.

What should I do if DCFS has asked me to complete?

Second, you should follow through with the services DCFS or the Court has asked you to complete. This is true whether your children remains in your home or not. These services often include: ending a relationship with someone who is abusive. People who work with you in these services may be required to report to the court or DCFS on your progress.

What is malicious parent syndrome?

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.

How do I get my CPS case dismissed in PA?

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.

How do you write a letter to a judge to get your child back?

Open the letter by introducing yourself and how you know the parent and child. Include the number of years you have known the potential custodial parent, any professional or personal connections you have with the parent and in what settings you have observed the parent/child relationship. Add details in the body.

How do I fight DCS in Arizona?

If you have a dispute with DCS, follow the following steps:Step 1: Attempt to Resolve Disputes with the DCS Caseworker. ... Step 2: Elevate Concern to DCS Supervisor. ... Step 3: Contact the DCS Office of the Ombudsman or utilize the DCS Grievance process. ... Step 4: Contact the State of Arizona Ombudsman-Citizens' Aide Office.

How long can CPS keep a case open in PA?

CPS usually resolves investigations within 30 days. However, if they cannot resolve the case within a month, then CPS must document why and complete the investigation within 60 days.

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.

How do you address a judge in family court?

Call them 'Sir' or 'Madam' in court, or 'Judge'.

How do you start a letter to a judge?

Open with a salutation. Write "Dear Judge (last name)," to start your letter. Note that you use "the Honorable" when referring to the judge, but use "Judge" when addressing him or her in person. The title still applies even if the judge has retired.

How do you write a letter to a judge in a custody case?

Your letter should be well-organized and specific to your situation. It should demonstrate your genuine commitment to being a good co-parent, make a thoughtful argument in favor of your custody arrangement and show that you prioritize your child's best interests.

What are my rights with DCS in Arizona?

Parents Rights Arizona With initial contacting, DCS is required to inform the parent, custodian or guardian that: DCS has no legal jurisdiction to influence the parent, custodian or guardian to receive services or to work together with the examination.

How do I file a complaint with CPS in Arizona?

Child Abuse and/or Neglect Complaints Any complainant that suspects child abuse or neglect must be referred to the Arizona Department of Child Safety (DCS) Office 1-888-767-2445 (TDD 1-800-530-1831) or the local police department/sheriff.

How do I get a dismissed dependency case in Arizona?

After all of the witnesses testify the judge will make a ruling regarding dependency. If the state fails to prove the children are dependent the petition will be dismissed and the children will be ordered returned to the parents' custody.

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Stephen Ross Cohen

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...

Herb Fox

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...

What happens if you report abuse to the DCFS?

When an instance of suspected abuse is reported to the DCFS, the matter may be passed along to the juvenile court of Illinois if it is determined that there are grounds for criminal charges. DCFS will contact the state attorney to make this determination.

What does DCFS stand for?

While Department of Child and Family Services (DCFS) does an invaluable work protecting children, false accusations of abuse can tear a family apart, harming the children and causing irreparable damage. We fight to ensure that families are protected and children provided a healthy space to grow with their parents. ​.

You Need an Attorney Immediately

You Need an Attorney Immediately The Court will have a protective custody hearing within three (3) days of your child (ren) being taken into state custody. Ideally, if you are able to hire an attorney, you should do so prior to the protective custody hearing.

Be Careful What You Say and Do

Be Careful What You Say and Do From the very beginning of your juvenile case, when DFS is at your home taking your child (ren) from you, while at family support team meetings, and while at hearings, everything that you say or do will be written down and placed into a court update, which will be filed with the Court.

Should You Take a Drug Test?

Should You Take a Drug Test? You should be absolutely sure prior to taking any drug testing that your test results will come back clean. If you volunteer to take drug testing and your results come back dirty for drugs or alcohol this will be used against you as a reason to keep your child (ren) from you.

Should You Request a Change of Judge?

Should You Request a Change of Judge? You should be aware that in Missouri you may have only five (5) days from the date of your Protective Custody Hearing in abuse/neglect juvenile cases to request a change of judge. This is a very short period of time! Which judge is appointed to your case may be the most important consideration in your case.

Lawyer vs. attorney - what is the difference?

These two terms are often used interchangeably, but there is a difference between lawyers and attorneys. Although both have a law degree, lawyers and attorneys don’t do the same jobs.

What types of lawyers are there?

There are plenty of job opportunities for lawyers, but after finishing law school, it can be hard to decide what type of law practice you want to pursue. There are numerous career paths that you can choose based on your plans, ambitions, and perhaps most importantly, your interests.

26 Different types of lawyers

Business lawyers or corporate lawyers ensure that all operations of an individual company are conducted within the legal framework of local, state, and federal laws. A business lawyer is involved in everything from liability and intellectual property disputes to mergers and revising all sorts of legal documentation.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What to do if a DCFS agent cannot produce a warrant?

It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally.

What happens when a government investigator knocks on your door?

As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizen s. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.

Why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations?

If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.

What is an angry demeanor toward a CPS social worker?

An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.

Can you record what a child said or did not say?

Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.

What happens if you don't talk to the police?

If you don’t talk to them –just as you are always told to never voluntarily talk with the police if they are accusing you of a crime– you take their power away. They will not be able to use your own admissions, statements, and your very words against you.

Can you see a doctor at no charge?

If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS.

Who is qualified to give legal advice?

Only an attorney licensed in your state is qualified to provide legal advice and help to you.

Reader Interactions

Hi! I am looking for a lawyer that will work with me and my children’s placement to file a case against DCS. In Tucson Arizona. For wrongful removal, falsifying documents, discrimination, and defamation. Any help would be appreciated overwhelmed and at a lost were to begin. Never dreamed they would be able to get away with what the are trying to do

What is DCFS lawyer?

The DCFS lawyer helps arrange for DCFS responses to issues about services and visits. There will also be a lawyer and guardian ad litem ("GAL") for the child. This can be two separate people, but most times both roles are played by the same person. They are involved in all matters regarding the case.

What does DCFS do in the middle of a safety plan?

Sometimes in the middle of a safety plan, DCFS needs to make a critical decision regarding additional court authority. The court can enforce what DCFS thinks is necessary to guarantee the safety of the child. If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge.

What is a finding of abuse or neglect?

There is a finding of abuse or neglect; and. A later finding that the parents are unfit, unwilling or unable to care for the child. Parents should face such a serious proceeding with a lawyer. DCFS is required to notify you of the first court date. After that, you must: Keep track of court dates;

How to get help in juvenile court?

First, discuss your concerns with that attorney. Next, speak with their supervisor if they have one. Put your concerns in writing. Provide the attorney with any documents you can get and names of people who can help in court. This may help if they are refusing to ask for something you need. Sometimes attorneys have a good reason for not following your requests or suggesting a different strategy. But you are entitled to know what your attorney thinks about your case and concerns.

Can DCFS move my child to another home?

DCFS may have already moved your child to another home under a safety plan agreement with you. If this has already occurred, read the Responding to Investigations Manual, Section V. This section has more information about what you can do about safety plans.

Does juvenile court cover juvenile delinquency?

This guide does not cover juvenile delinquency cases. The term juvenile court also applies to delinquency cases. However, delinquency cases are different because they involve claims that a person under 18 committed a criminal offense. DCFS and the State have separate lawyers and different job functions.

Can you file for dependency in Illinois?

Dependency. Abuse and neglect: these cases can be filed in Illinois even if just one parent is accused of abuse or neglect. They may also be filed for anticipatory neglect, or when the child is at risk of abuse or neglect or substantial risk of abuse. Dependency: this means the parent cannot care for the child.

Why did the Social Workers and Sheriff continue to sue?

Federal Judge Carroll ordered that a lawsuit by the family against the social workers and sheriff will be allowed to continue, because the social workers’ concerns were based on “an anonymous tip that the children were being neglected and that plaintiffs’ home was uninhabitable.”.

What to do if social workers refuse to talk?

If they refuse, and you absolutely feel compelled to talk to social workers by phone, you could use your smart phone, tape recorder or video camera to record only your side of the conversation which might be useful for your attorney later on if the social workers actually end up taking your child/children from you.

What happens if a CPS uses force?

6) – If the CPS social worker or police officer uses force to enter your home against your will, it is in your best interest to NOT RESIST. Even if the forced entry into your home is unwarranted, you should not physically resist the officer of the court.

What to do if someone threatens to keep you out of your home?

If they insist, coerce, or threaten you with some consequence for keeping them out, stand your ground. If they persist ask the social worker or police officer if they have a warrant or court order that gives them the authority to enter your home against your will.

What amendment applies to social services investigations?

She found no evidence of abuse or neglect. A Federal District Court ruling held that the law in such instances was clearly established; the Fourth Amendment applies to social services investigations and this worker should have known that the search violated the family’s rights.

What is an officer of the court?

An “officer of the court” is a title applied to someone who works in the legal system. Most people would assume that only a lawyer or a judge are considered to be an officer of the court, but this is not the case. The term also is used to describe arbitrators, mediators, magistrates, bailiffs, court clerks, justices of the peace, coroners, ...

Is it illegal to conceal a camera?

It is not unlawful to conceal the camera or recorder so that the social worker or police officer is unaware of the taping. Many parents use such devices to protect their children from abuse from baby sitters.