Ask a Legal Question
  1. #1

    Join Date
    Jun 2006
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Proper procedure for removal of children by DCS?

    I need information for a novel I'm writing and would appreciate any and all help. What is the proper legal procedure for removing a child from its home and parents? Do caseworkers arrive at the parents' door with a court order? How long do they remain in the house, and is there a certain procedure they must follow in physically removing the child? Do they wear badges? Are the parents asked to sign documents, and if so, what documents? Are the caseworkers accompanied by police? If one of the parents becomes aggressive, refusing to let the child be taken, is the caseworker trained to deal with possible violence? After a child is removed, where is the child immediately taken? Thanks for any and all information!



    Amy Greene

  2. Registered User New Member

    Join Date
    Jan 2005
    Location
    Oklahoma
    Posts
    26
    Thanks
    0
    Thanked 0 Times in 0 Posts

    reply

    Check out any of my posts for info. In Oklahoma, the Department of Human Services is the most funded, powerful, unregulated branch of the State Government. Even a suspicion of child abuse must be reported, and (depending on the motives of the case worker), a child can be removed from the parent's home even while the child is at school. A parent friend of mine went to pick up his child from school, only to find the child not there. The school informed him that a state DHS CPS worker came to interview the child and that was all the school was allowed to disclose.
    If an allegation of a sexual nature is made, there doesn't even need to be any evidence (NONE), the child can be placed in another's custodial care.
    If the allegation is verified to be false, then charges cannot be filed because Oklahoma statute says the "anyone who, in good faith, makes an allegation of child abuse is immune from civil and criminal prosecution." How does one prove whether an allegation is made 'in good faith'? I hope that your novel goes well.
    Other places to reseach: Blush and Ross, the SAID Syndrome

  3. #3
    Registered User New Member

    Join Date
    Jan 2005
    Location
    Oklahoma
    Posts
    26
    Thanks
    0
    Thanked 0 Times in 0 Posts

    paste

    her is just a paste of one of the posts I have placed.
    Maybe it'll hep some...

    Our state DHS investigates ALL allegations of abuse (ANY reports). Well, not all. I've made some referrals.
    If an investigation comes up 'invalid' or 'not confirmed' then services MAY be recommended, but court action and referral to police does not occur.
    If an investigation comes up 'confirmed', then court action &/or police referral may occur.
    Even if the investigation shows a result of 'invalid' or 'not confirmed', the falsely alleged person's name is registered with a statewide 'Central Abuse Registry' indefinitely!
    This is not like a 'sex offender' registry, where a person is found to be guilty, convicted and serves a sentence. This is a record that a person was reported to be an offender, EVEN THOUGH NO COURT OR POLICE ACTION OCCURED!
    I was falsely alleged to have sexually abused my own son, by my Ex wife, to gain custodial leverage in a divorce proceding. The excrutiating DHS investigation lasted for months, the doctors all confirmed that no abuse occured, the child shrink confirmed no abuse had occured, the police department found no grounds to file any charges. Still, DHS investigated, recommended services for me to undergo, and has me on a permanent record. All this is legal in Oklahoma, justified by 'protect the children' and 'better to err on the side of caution'.
    Is this Constitutional? I believe my right to Due Process was interferred with, since DHS treated me as guilty and they justified supervised visitation. Does my name on a permanent 'Central Abuse Registry' violate any Right to Privacy or ANYTHING?
    No one at the State level wants to touch this statute, for fear that they may be seen as sympathetic to offenders and not concerned with children's protection. It is ridiculous to me that someone who is COMPLETELY INNOCENT & NEVER CHARGED would be placed into a permanent data base, labeled as an abuser.

  4. #4

    Join Date
    Jun 2006
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks so much! This information certainly helps. I'll also check out the other sources you mentioned.

    Thanks again,
    Amy

  5. #5

    Join Date
    Sep 2006
    Location
    Southern Ontario Canada
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Dear ami333 and glb

    This happened some time ago, but it is still as true today, as it was way back when it happened... here in Southern Ontario Canada, dateline 1985.

    My children regularly travelled the alleyway home, two short blocks from the school they attended. One day they didn't come home. My husband and I combed the neighborhood and traced their path back to school. By the time we arrived, everyone had gone home and we were left with no choice but to call the police.

    At first, the police seemed concerned. However, after several transfers a detective told us our children were apprehended by a social worker, because of suspected abuse. There was no evidence. Our children were interviewed at school, by this social worker, without our knowledge, consent, or ability to protect and/or defend their rights and freedoms.

    It was later deduced that our daughter, feeling fearful, made up a story to please them, which they deemed abusive, "My daddy ran me on the spot until I passed out and had to go to hospital". Without verficiation, the social worker panicked and immediately apprehended our children.

    The Judge demonstrated his bias in open Court, by claiming, "These people wouldn't have taken the children if you weren't guilty of something." When we asked for the Judge to recuse himself, he refused saying, "I'm going to stay with this case and see it through to the end."

    It took almost a year of hearings, closed sessions, involvement by a Family Court Clinic and a whole slew of supervised visits before the truth finally came out and we were exhonorated. The Judge who presided over the final disposition was not the original Judge, and we could only deduce he recused himself to spare his embarrassment, for having made rash and inappropriate judgements, in our case.

    In the end, this new Judge, having reviewed all materials, concluded there was no evidence, of abuse or neglect, and ordered the children returned to we, the parents. However, he further ordered the social workers be fined for contempt, when his previous orders prompted their outbusts, in Court.

    There is procedure, rules and regulation, with respect to apprehending children. However, when there are no sanctions against social workers, (not even for committing perjury, under oath, in court), there is little insentive to abide by procedures, rules and/or regulations.

    Therefore, one's only protection is to educate one's children about the dangers, not only from school yard bullies, the stranger in the neighborhood, street crossings, but also the violation of their rights and freedoms by those trying to use them to further some cause, through mass apprehensions, merely to make up statistical justification for their necessity...

    ( See my next post for proper procedure, rules and regulations )

    Sincerely,

    Carolynn J. Middleton BABSc
    ( Executive Secretary )
    ==========================
    THE COMMITTEE People-4-People
    ==========================
    www.geocities.com/tp4pcsick
    www.geocities.com/tp4pc
    tp4pc@sympatico.ca
    tp4pc@yahoo.ca
    ==========================

  6. #6
    thelawprofessor's Avatar
    Join Date
    May 2001
    Location
    New York City
    Posts
    7,590
    Thanks
    8
    Thanked 280 Times in 263 Posts
    Quote Originally Posted by amy333 View Post
    I need information for a novel I'm writing and would appreciate any and all help. What is the proper legal procedure for removing a child from its home and parents? Do caseworkers arrive at the parents' door with a court order? How long do they remain in the house, and is there a certain procedure they must follow in physically removing the child? Do they wear badges? Are the parents asked to sign documents, and if so, what documents? Are the caseworkers accompanied by police? If one of the parents becomes aggressive, refusing to let the child be taken, is the caseworker trained to deal with possible violence? After a child is removed, where is the child immediately taken? Thanks for any and all information!
    Amy - are you talking about a specific state? There are many different circumstances where a child could be removed and, rather incredibly, there is a story on this site about a child that was removed via unorthodox means. An update will be posted about an investigation into the law and the Guardian ad Litem, including a court ruling finally in favor of the "mother." It's hard to believe and you're only reading the basics. It certainly is good book material. I'll provide more shortly.

    http://www.thelaw.com/legal-news/fam...n-georgia.html
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

    Need a lawyer? Use TheLaw.com's FREE Case Review now!

  7. #7

    Join Date
    Sep 2006
    Location
    Southern Ontario Canada
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Procedures for Apprehension

    a) Social Workers and caseworkers are not supposed to be permitted to randomly speak to children, in the school yard, during school, at community centers or any other place, unless there is a report of alleged abuse/neglect, from a; doctor, teacher, principal, playground staff, daycare worker, etc. (However some of these have made false reports, to cover their own neglect/abuse of a child [be careful])

    b) When a worker receives a report of alleged abuse/neglect, he/she is supposed to open a file and begin an investiagion. (It's important to note that your children have rights and that includes the attendance of a parent, guardian and/or counsel, during questionning, interview, etc.)

    c) During the course of the investigation a worker will attend the school, the daycare facility, home and interview the child(ren), to establish the validity of any suspicion of abuse/neglect.

    d) Having been satisfied with the evidence that a child may be in need of protection, the worker reports to his/her supervisor, for disposition. (But the supervisor can only deduce from the information given by the social worker)

    e) If there is reason to believe the child has been abused/neglected and in need of protection, the supervisor requests a warrant to apprehend the child, to be placed in custody and protection of the Child Protection Agency, in foster care. (Depending upon the location, the Child Protection Agency may be known by a different sudonyms, monikers [Child and Family Services, Department of Children and Family Services, etc.])

    f) At any time during the course of the worker's investigation, it is perceived that the child may be in imminent danger of abuse/neglect, the child may, at this time be apprehended, but the worker will have to show cause, within a few days, in Court, to support the contention of imminent danger.

    g) Even when a child is eventually apprehended, the worker will have to appear, before a judge, in Court, after having served the Family to appear, and show cause why this child was placed in protective custody.

    Supplimental:

    i) While the above is a basic repetoire of procedures, rules and regulations, surrounding the apprehension of children, there are a few details that you may wish to cover with your lawyer, should you currently be involved in one of these incidents -or- wish to write about it...

    ii) While these may be the procedures, rules and regulations, there are many cases where short cuts are taken, procedures ignored, rules broken and regulations foresaken, when a worker is on some kind of mission to destroy your family; and be advised, most workers are under pressure to apprehend, it's a statistical issue, to generate money, for the agency, from government funding, adoption, foster care, etc.

    iii) With the rarety of sanctions against social workers, for violations of even the most grave of legal protocols, there is little insentive for anyone to abide the rules and regulations, in the performance of their duties; especially when those duties are geared towards the number of apprehensions they achieve.

    iv) Unlike any other Court in the Land, Family Court does not deal in matters of innocence or guilt. They deal in abstractions of, "Best interests of the child". This leaves the Court free to make all kinds of arbitrary decisions and determinations, with respect to the fate of one's family.

    v) Most become social workers to avenge their perceived poor childhood, or in a quest of some cause to rid the world of child abuse/neglect; either of these obsessions can be detrimental to the objectivity of their duties.

    vi) Most social workers are swamped with cases. As such they do not have time to adequately conduct protracted investigations. This leads many to apprehend at the slightest hint of abuse/neglect, whether it exists or not.

    vii) Social Workers explore the realms of; concern, innuendo, perception and rumor. As such they ususally require very little if any evidence to support their justification for apprehension. Most are on some kind of mission, so beware if they get anyone in your family within their sights.

    viii) MOST IMPORTANT... Check out the statistics regarding abuse/neglect of children in foster care, under the protection of the Child Protection Agency. You might be alarmed at the number of injuries, and even deaths, that occurr in foster care, without redress against the Agency and/or the social worker who placed the child in that imminently dangerous situation...!

    Should you require any further information you may contact us through the address listings below and/or view our websites.

    Good luck and God Bless...!

    Sincerely,

    Carolynn J. Middleton BABSc
    ( Executive Secretary )
    ==========================
    THE COMMITTEE People-4-People
    ==========================
    www.geocities.com/tp4pcsick
    www/geocities.com/tp4pc
    tp4pc@sympatico.ca
    tp4pc@yahoo.ca
    ==========================

  8. #8

    Join Date
    Sep 2006
    Location
    Southern Ontario Canada
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Dear LawProfessor

    Quote Originally Posted by thelawprofessor View Post
    Amy - are you talking about a specific state? There are many different circumstances where a child could be removed and, rather incredibly, there is a story on this site about a child that was removed via unorthodox means. An update will be posted about an investigation into the law and the Guardian ad Litem, including a court ruling finally in favor of the "mother." It's hard to believe and you're only reading the basics. It certainly is good book material. I'll provide more shortly.

    http://www.thelaw.com/legal-news/fam...n-georgia.html
    Dear LawProfessor,

    With all due respect and in accordance with your education, prowess and knowledge of Law... we submit the following for your edification...

    While you may be well versed in the legalities of various states and even countries, it has been the experience of THE COMMITTEE People-4-People that the practice of Law, within various Family Courts, often bares little resemblance to the theoretical doctrines of the Statutes.

    We have had a good deal of experience in these matters and often find that a Judge's decisions, in Family Court, flies in the face of precedence and Legal theology.

    Even worse, is the notoriously unreliable standards from State to State and Province to Province across North America.

    But worst of all are offenses conducted in the Family Court, in lieu of a child's best interests with the pretence of making rulings, judgements and orders that are not only inconsistent but actually in violation of Constitutional Law and Criminal Codes for many States and Provinces...

    Sincerely,

    Carolynn J. Middleton BABSc
    ( Executive Secretary )
    ==========================
    THE COMMITTEE People-4-People
    ==========================
    www.geocities.com/tp4pcsick
    www.geocities.com/tp4pc
    tp4pc@sympatico.ca
    tp4pc@yahoo.ca
    ==========================

  9. #9

    Join Date
    May 2006
    Location
    Pennsylvania
    Posts
    46
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Excellent Carolynn!

    "f) At any time during the course of the worker's investigation, it is perceived that the child may be in imminent danger of abuse/neglect, the child may, at this time be apprehended, but the worker will have to show cause, within a few days, in Court, to support the contention of imminent danger."

    I believe federal law requires an informal Hearing within 24 hours of an "emergency removal" and I know for a fact Pennsylvania CPS laws do. I think the basis for this is the federal law on kidnapping. I also believe federal law requires a formal Hearing within 72 hours of any removal and this is also Pennsylvania CPS law. I could be wrong on the timings of these and states have their own laws regarding these timings but federal law takes precedence when there's a conflict.

    For more information on the above as well as other pertinent information regarding Child Protective Services, please visit the LIFE (Liberty Independence & Family Equality) website at http://www.life-vs-cps.com/

    I can't emphasize enough how you need to be prepared to protect your family against Child Protective Services. These criminals do not act in the best interest of children, despite their deceptive name. Don't ever believe this doesn't mean you.

Log in

Log in