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DCFS

Discussion in 'Other Governmental Matters' started by Babyeaglette38, Apr 26, 2018.

  1. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    Jurisdiction:
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    DCFS caseworker keeps going to my child's school to talk to him. He is very uncomfortable with this and doesn't want to talk to her. I've asked that he not be talked to alone , so the caseworker brings another worker. How can I get them to stop bothering my son at school? His actions have the caseworker saying hesh now depressed. Which he is not, he's just trying not to be rude.
     
  2. ElleMD

    ElleMD Well-Known Member

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    Your kid doesn't have to talk to them, but they have every right to try to speak with him. It is very typical to try and speak with children on neutral territory and away from parents or others who might intimidate or threaten them so they can be honest. Throwing up roadblocks isn't going to make the investigation easier on any of you.
     
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  3. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    My son just wants her to stop. He tells me he doesn't want to talk to her. I've told him to simply tell her how he feels, but he is afraid of getting into trouble. If he says anything he'll be in trouble if he doesn't say anything he'll be in trouble. I've told him it's ok to be honest but she still shows up at his school knowing he's uncomfortable with her doing so.
     
  4. mightymoose

    mightymoose Moderator

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    This is a parenting issue more than anything.
    You need to make it clear to your child that it is ok to say "no" to these adults and refuse to speak with them, and that he won't get in any trouble for it.

    "No. My mom says I don't have to answer any of your questions. I would like to go back to class."

    You will not get in any trouble either... so long as you aren't threatening or intimidating your child from making statements against you (or others).
    You might also notify the school (in writing) that your child is not to be removed from class to speak with anyone without notifying you in advance. They might not honor the request, but it doesn't hurt to make it.
     
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  5. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    I have went to court with DCFS, I have to take random UA tests, I was told to get an. Assessment done for both my child and myself, which I have done everything. Except the assessment, it is a walk in for me but I had to schedule an appointment for my son. I was going to do my assessment while my son was in his. However there was a miscommunication and I was unable to do this. I could however do it at my son's next appointment. But the caseworker has called for an early review and plans to remove my son now.
     
  6. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    Thank you for the suggestion, I will definitely talk to his teacher and the principal and let them know how he feels.
     
  7. mightymoose

    mightymoose Moderator

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    It seems your situation is a little more advanced than your initial post suggested.
    If you have already been to court and some order has been issued then the case worker can do things within the framework of that order.
    Still, there is nothing wrong with the suggestion above. Regardless of any previous court action your son is not obligated to speak to anyone. So long as it isn't discovered that you have intimidated or persuaded him to not come forward with information there is nothing wrong with him not wanting to talk or your reassuring him that he doesn't have to.

    It is in your best interest to know EXACTLY what it is any previous court order so you are not take advantage of by people who are trained to manipulate you.
     
  8. army judge

    army judge Super Moderator

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    If you have an open court case instigated upon the behest of DCFS you are entitled to request a state funded attorney appointed by the court, if you qualify financially.

    You have a 5th Amendment Right—Assert it!

    When dealing with the police or DCFS workers, you generally should not speak with them until you talk to an attorney about your legal rights. The United States Constitution and the Utah Constitution both have the right to remain silent and the right against self-incrimination. You should use these legal rights rather than talking to the police or the DCFS worker. As a general rule, you will not do yourself any good by speaking with the police or DCFS. They are trained investigators and work on these cases daily.

    Should you talk to any investigator without benefit of counsel you are setting yourself up to be gored, the way an unarmed bull gets gored by the armed matador (and his back up crew) in the bullfight ring.

    Read what Utah licensed attorneys have to say:

    Child Welfare Law Firm Serving Salt Lake City, Bountiful, and the Wasatch Front | www.hepworthlegal.com | 801-872-2222

    Utah Child Welfare Cases - Howard Lewis & Petersen, PC.

    HB356: Protecting Innocent Parents from DCFS Taking their Children | Libertas Institute
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    Your child is NOT obligated to speak to the worker but it would help end this. It appears there may be a court order which would make stopping this impossible without new order. You can also speak to the workers Supervisor about the frequent visits if not part of court order. In mean time I will also suggest a "parenting" forum to talk to other parents who may had similar situations. This site (THelaw.com) host such a parenting site its Parent Nook Forums - Index page unlike this site its NOT a legal forum.
     
  10. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    Thank you everyone for your advice. Unfortunately the judge took my son into state custody. They have me doing UA testing for drugs. I am not nor have I been doing anything other then those prescribed. However I have several tests coming up positive. I don't know what to do. I don't know how this is possible. I've read several articles about DCFS workers who have lied, cheated etc. To get federal money. The more I read the more this does make sense. Has anybody else heard of this or know how I can find out anything?
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    Is judge aware of your prescribed meds and what they are for?
     
  12. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    Yes. They want me in some treatment program. The medication I take would not make my tests positive. I am basically told I am using drugs and until I get treatment I can not see my son. But I have done no drugs. I am at a loss.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok so your saying you tested positive for a drug you are NOT taking in any form!? If thats the case why did you not challenge results or request retest?
     
  14. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    I did. They just shook their heads at me like I was a liar. The judge even asked me "if she was to test me what would the results be?" I told her all of my tests should be the same negative..
     
  15. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    I have a number I call every day to see if I have to test. They are saying I missed 8 tests. There is no way. I make it a priority to check. But I have no proof. I now found an app I can use to check with and I screen shot everyday but that doesn't help the past..
     
  16. mightymoose

    mightymoose Moderator

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    You need to find out what type of tests were done and whether or not by a laboratory. False positives do happen with presumptive tests and there IS a way to appeal the test and obtain confirmation by a lab.

    For example, I once tested positive for opiates. Less than an hour before the test I had eaten a poppyseed muffin. I got the expected eyerolls and "yeah right" treatment from the staff doing the initial test, telling me it was impossible that the muffin could trigger the test.
    The initial test only tests for the presence of a substance and not the concentration of it.
    When my sample was sent to the lab it showed the amount of the substance in my sample was miniscule and inconsistent with opiate use.
    Until the lab result came back I was treated like a drug addict, then all of a sudden everyone just forgot about it. Very aggravating process.

    You need to find out more about what kind of test was done with your sample and whether a lab confirmed the positive result.
     
  17. army judge

    army judge Super Moderator

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    You can also pay for your tests at most laboratories.

    Some health care providers have been known to order testing if your story is compelling.

    It is beyond time for you to lawyer up.

    Ask the judge if you're eligible for a state funded attorney.

    Talk to two or three family law attorneys about your issues, as most attorneys will give you a 15 to 30 minute free consultation.
     
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  18. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    It was for methamphetamine. The tests were sent to a lab and the results came back as those from a user. I care for my handicapped mom and I am with someone at all times. I never leave home except for the grocery store and to take mom to the doctor.
     
  19. Babyeaglette38

    Babyeaglette38 Law Topic Starter New Member

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    The attorney that was appointed to me just kept saying these results show me using. I've told them all repeatedly I'm not. But I can not explain the results. There's 8 missed tests they say that is an automatic positive in their eyes. So they are obviously not going to help me. From here out I am having my family doctor test me then I'll go for the test they want me to take. Hopefully then I can show something, somewhere is not right.
     

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