7 months to get into court??

[SueZQ]

Jurisdiction

North Carolina

We had false claims made about us to dss in November of 2015. We can factually prove through medical records that the claims are false. Since then we have had nothing but positive reports from all social workers and others in community. However, it is now May 2016 and we still have not had a court date.
Law states a hearing should be had within 60 after petition is filed, unless judge finds a good reason to continue. We feel like 7 months is questionable by any standard. Considering our specific case details and the absurdly long timeline, we want to petition the Supreme Court to review of our case. Or at least a higher court. How do we do this? Is this the right move? How do we get into court now?? Our case has again been continued for another month which means we are stuck with this bogus safety agreement that keeps an infant from his mother.

 

[adjusterjack]

You pay a lawyer to file an emergency petition asking for a ruling on the matter.

If you can't afford a lawyer, you'll just have to stick it out until it's resolved.

 

[army judge]

We had false claims made about us to dss in November of 2015. We can factually prove through medical records that the claims are false. Since then we have had nothing but positive reports from all social workers and others in community. However, it is now May 2016 and we still have not had a court date.
Law states a hearing should be had within 60 after petition is filed, unless judge finds a good reason to continue. We feel like 7 months is questionable by any standard. Considering our specific case details and the absurdly long timeline, we want to petition the Supreme Court to review of our case. Or at least a higher court. How do we do this? Is this the right move? How do we get into court now?? Our case has again been continued for another month which means we are stuck with this bogus safety agreement that keeps an infant from his mother.

Did you originally, as in at the beginning of this nightmare, voluntarily agree to talk to DSS?

If so, that tends to change things.

You could have simply refused to cooperate, which would have forced DSS to petition the court to investigate the matter.

If that had happened, you could have requested court appointed counsel for mom, dad, and each child.

I'm not sure about NC, but most states operate similarly due to federal standards being imposed.

My GUESS, your cooperation has now morphed into consternation.

This is helpful information:

Recommendations for those falsely accused of child abuse



You might find this useful reading:

http://www.nccourts.org/Citizens/Gal/Documents/Manual/chapter10.pdf

Chapter X: The Juvenile Court and Child Welfare

http://info.dhhs.state.nc.us/olm/manuals/dss/csm-60/man/CS1409.pdf

 

[ElleMD]

Court date for what? Were you charged criminally? Is this for custody? Either way, you either wait it out as the courts are overburdened or file for emergency hearing. While the SC could hear the case, this isn't the kind of case they are going to bother with. That also us not going to speed up the process.