when to get a lawyer dealing with dfcs

by Michel Prohaska 7 min read

You absolutely need an attorney. DFCS cannot justify taking the children based only on allegation of occasional drug use without evidence of harm to the children. Unless there is evidence of use in the presence of the children or unsafe behavior towards the children, an attorney may be able to help you restore your family.

If you did not sign paperwork that waives your hearing, DFCS must have a hearing within 72 hours in front of a Juvenile Court Judge to get approval for a removal. If at all possible, you want your attorney present at this hearing.

Full Answer

Why hire our DCFS lawyers?

Jun 02, 2014 · You absolutely need an attorney. DFCS cannot justify taking the children based only on allegation of occasional drug use without evidence of harm to the children. Unless there is evidence of use in the presence of the children or unsafe behavior towards the children, an attorney may be able to help you restore your family.

Can a child dependency attorney stop DCFS from taking my kids?

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.

When does DCFS have the authority to take a child immediately?

In any potentially-criminal situation NEVER voluntarily do anything until you contact an attorney: preferably a compassionate and understanding attorney who works with parents, kids and the Juvenile Dependency Courts on a daily basis. They will offer you frank advice that will be better than unnecessarily sitting locked behind bars.

How to fight your DCFS case?

DCFS Lawyer Handling Administrative Appeals & Investigations. At Thomas W. Hunter, P.C., we are prepared to represent your interests as a parent in disputes involving the Department of Child and Family Services (DCFS). While DCFS does an important work protecting children in abusive environments, we help to ensure that the wrongfully accused ...

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Can I sue Ga Dfcs?

While public agencies like DFCS can be sued for wrongful death, a range of special issues must be considered. First, governmental agencies have limited sovereign immunity, so individuals initiating such lawsuits must comply with special deadlines and procedures for suing a public entity.Oct 1, 2014

How do I file a complaint against Georgia DFCS?

To file a discrimination complaints and DFCS staff should follow the procedures set forth below. call (202) 619-0403 (voice) or (800) 537-7697 (TTY). fax to (202) 690-7442 or email to program.intake@usda.gov.

How long does a DCFS case stay open in Georgia?

An investigation lasts from 30 to 60 days and is dependent on the circumstances of the case.

What cant CPS do in Georgia?

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

How do I report a DCFS caseworker in Georgia?

How can we help?Call Us. Primary: (404) 657-3433.Mail. 2 Peachtree St. NW.

How do I report a DFCS caseworker in Georgia?

A: Contact the local DFCS office in your county or the local police department. CPS Reports can be made 24 hours a day, 7 days a week by calling 1-855-422-4453.

Are DFCS records public in Georgia?

DFCS records are generally confidential and no-one is permitted access to them unless the law says that they can. The provision of the law that the defense must use to obtain DFCS records is O.C.G.A. § 49-5-41.Dec 25, 2019

What happens if you leave state with an open CPS case?

No, you can't leave the state. They will just refer it to the state where you move and/or get court orders here making your life difficult.Jul 26, 2017

What happens when DCFS closes a case?

DCFS generally has 60 days to finish its investigations. But investigators may request an extension if they need more time. If the investigator believes there is proof that you abused or neglected your child, DCFS will label the case "indicated." This should happen if there is credible evidence of abuse or neglect .

What are my rights against CPS?

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.

Who is in charge of DCFS in Georgia?

Candice L. Broce was appointed on September 16, 2021, by Gov. Brian P. Kemp to serve as the director of the Georgia Division of Family & Children Services (DFCS).

Can you press charges against someone for making false accusations to CPS in Georgia?

To sue someone for false accusations about child neglect, you can sue for defamation. If you are continually being accused of child neglect or maltreatment, you must file a complaint under Penal Law § 240.50 to the sheriff. To sue, the original criminal charge must be resolved.Mar 2, 2021

Sean Aaron Black

You absolutely need an attorney. DFCS cannot justify taking the children based only on allegation of occasional drug use without evidence of harm to the children. Unless there is evidence of use in the presence of the children or unsafe behavior towards the children, an attorney may be able to help you restore your family.

Keith G Langer

If you are dealing with DFCS, you need an attorney. Contact the GA and your county bar associations for referrals.

Child Dependency Attorneys – Private DCFS CPS Defense Lawyers

Experienced Child Dependency attorneys can make ALL the difference in you stopping DCFS CPS from taking your kids (if you are under investigation), or can help get your children back if taken already. To depend upon an overworked, court-appointed lawyer is tantamount to admitting defeat.

Meet our Founder and His Associate Juvenile Dependency Attorneys

There is no one more passionate and involved in DCFS, CPS, Juvenile Dependency cases in California than Vincent W. Davis and his crew of dedicated and focused, like-thinking associate attorneys.

Vincent W Davis Esq

Mr. Davis obtained is Bachelor of Science degree in Accounting from Loyola Marymount University and his Juris Doctorate from Loyola Law School of Southern California.

Carol A. Baidas Esq

Carol A. Baidas graduated from University of Scranton with a Bachelor of Arts in History in 1986. Ms. Baidas received her Juris Doctorate from Ohio Northern University , Claude W. Petit School of Law in 1989. Ms.

Stephanie M Davis, Esq

State Bar of California, 1987#N#U.S. Court of Appeals for the Ninth Circuit, 1987#N#U.S. District Court for the Central District of California 1987#N#U.S. Supreme Court, 1997

Slaveia Iankoulova, Esq

Slaveia Iankoulova graduated from the University of Washington with a Bachelor of Interdisciplinary Studies, with a minor in Human Rights in 2005. In 2009, Ms. Iankoulova received her Juris Doctorate from Western State University, College of Law in Fullerton, California. Ms.

Samuel Ziselman, Esq

When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. Child Protective Services (CPS or DCFS) and your accusers have their story, and it is our job to make sure that your story is heard and we keep your family together.

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 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.

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.

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 does a CPS social worker do?

Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.

Can a CPS take your kids?

In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! In fact, open your mouth and tell the CPS investigator just enough to “make their case” and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away.

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. ​.

Can a child go to school with a bruise?

It is not uncommon for a child to go to school with various scrapes and bruises which are noticed by the teacher or a classroom worker. This adult must report the suspected abuse or allegations of sexual abuse to a school social worker who is a mandated reporter. When DCFS finds out about the bruises, they have the right to question the child at school without the parent's notice.

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 record a phone call in California?

In California it is illegal to record a telephone call without the consent of all parties to the conversation. Penal Code § 632. That said, if you were to video tape yourself while talking on the phone so that your side of the conversation was recorded that might be useful to remember exactly what you said.

Do social workers need a warrant?

CPS Social Workers need a warrant to enter your home. In order for an officer of the court** to enter your home against your will, be it a social worker or police officer, he or she must have a warrant in their hand when they step through your door. If someone has evidence that you have committed a crime, such evidence must be presented to a judge, ...

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