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DFCS removal without court order question

Discussion in 'Other Family Law Matters' started by scarfyrre, Nov 14, 2005.

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  1. scarfyrre

    scarfyrre Law Topic Starter New Member

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    Hello, thank you for allowing me into the site. I hope someone might be able to answer my question, because to be quite honest, I have no idea how to understand the code.

    Right now we're in the battle with GA DFCS to keep our now 7yo son. He continued to pee his pants after potty training, we took him to doctors/specialists/psychiatrists for 2+ years to find out why, and when the urologist finally told us what was wrong and how to fix it, we began treatment and within 2 months he was getting better. She also suggested therapy for self-esteem issues.

    I found what I thought was a therapist (she is just a counselor), gave her family history for 2+ hours, and on our second intake visit, she removed my son from the room and talked to him for twenty (20) minutes. She never mentioned a thing to me, and let me go on about my business, even being chatty, while I made another appointment.

    The next day, DFCS knocks on my door and says someone reported my husband for sexually abusing my son. Uh, what?! I knew immediately who it was, allowed the investigator to interview me and my son (for the second time, she'd already been at school), and she left. She threatened me by telling me she would not get me an appointment with the Georgia Center if I didn't to A, B, and C for her first. I had all that she asked fnished within a week. I knew of my husband's innoncence, had nothing to hide, and just wanted my family safe.

    For the next four weeks I called the caseworker asking about this appointment. They hadn't called her back, she said repeatedly. I think: this is a place especially for sexually abused kids and they don't return calls? Personally, I think the CW didn't bother to call. Anyway, DFCS has thirty (30) to do an investigation, so at day forty-two (42) I call the advocacy group that was formed when GA lost the first law suit with Children's Rights. I had an appointment within two hours for two days later. Amazing.

    We go to the appointment, they interview me and all I can say is I can't believe this is happening (which they later twisted into lies), then they interview my son. After about an hour, the CW comes out and says they''re taking him because I'm in denial and coaching him. She then proceeds to lead him out.

    So after that long story, my question/s is this: How can they take him legally? They had neither a court order or police (and I found out today they never got an order), he was not in imminent danger as his father had already moved and we offered no contact if my son could stay home, so under what grounds did they remove him? They can't just remove him because of allegations. My son has never in over ten interviews (12 if you count the CW's) repeated what the hack counselor claims, so how can they have done this?

    The only court orders we have is the probable cause from the 72-hour hearing, then all the continuences as our ten-day hearing has taken five months. The only evidence they have is what the counselor told them. The CW did not investigate, as that requires at least 2 collateral contacts, speaking to the accused, etc, and we know for a fact she didn't even glance at a medical report let alone talk to any of his pediatricians, psychiatrists, urologists, neurologists, teachers, special ed teachers (he has slight behavioral problems which has improved with one on one work), family members, or neighbors. They haven't listend to him let alone us, and all they're basing this on is an allegation from a child saver counselor (her brother is in the CASA office) who is refusing to even testify about what she claims!

    So how can they have taken my child without probable cause and a court order? I have yet to sign one piece of paper save for the continuences. I think this happened because I complained the 'investigator' wasn't doing her job.

    Sorry for the ramble for one question. It's been really hard, and it seems DFCS is determined to keep him. They even tried to get my visits stopped, and now they've suddenly started accusing me of helping with the abuse because I was there and didn't stop it. They also accuse me of not calling the police. Basically, they want us to admit to abuse that didnt happen. They cannot have my son, period.

    Oh, and criminal charges against my husband have never been filed. We have never spoken to the police because even they and the DA see no evidence, but we can't stop DFCS from tearing us apart.

    Thank you in advance.
     
  2. carney

    carney New Member

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    Yes they can take the child.
    You need to hire a lawyer asap if you haven't already and fight them. Make sure it's a good lawyer that will fight for you. This happened to my step daughter and they gave custody to her exhusband. The exhusband accused her new husband of the same thing and the pediatrian had to report it even though he said there was no evidence of it. The DA never did press charges against her new husband because there was no evidence but because she had a bad lawyer, she lost the custody case because the court said they believed the exhusband. They couldn't even get the child to say he had been abused. Her bad lawyer was suppose to have the pediatrian testify in court that the child just had bug bites in his private area but she never called him to court. Get a lawyer and tell that lawyer you want all of the childs former doctors to testify for your side of the story. You have to be prepared to fight for your rights against these people. It will be very hard.
     
  3. bjjly

    bjjly New Member

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    DFCS removal without court order question - What!?

    How can they take the child without a court order?

    This is important to me, as I am in an ongoing case plan, which keeps extending and creeping to include more and more.

    I tried to hire a lawyer, who told me that I had to either do what DFCS says or move out of their jurisdiction. She didn't even give me a minute of her time.
     
  4. sophianicole

    sophianicole New Member

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    Hi,
    The same thing (sort of) has happened to me. GA DFCS got an anonomys call and decided to open a case agaisnt me. I had no hearing, there was no investigation, nothing, but they told me that I had one hour to find somewhere for my children to go or they would "place" them, so being terrified my children would wind up in foster care, I took them to TN to their father's who by the way is 1.A felon, 2.Has never paid a dime in child support, and 3. Hasn't even called the kids in 5 months. For all of their "concern" about the welfare of my children, they didn't even do a back ground check on this man. Trust me, this was not my first choice. They first stayed with my neighbor for three days until DFCS decided out of the blue she was not an appropriate care giver, then with another neighbor for one night till they did the same. I know their father won't hurt them, but they are now a state away. I ask where is this so called concern for my children? When my 16 yr old son asked the woman who did the home visit why he had to leave his home and his mother she stated that she saw no safety reason's whatsoever at this time why they couldn't remain in the home, but until they did, they (the kids) would have to stay somewhere else! I've since learned about Due Process. I also have not signed anything, had a hearing, seen a court order, nothing. I just wanted to write to say thank you for sharing and letting me know that I'm not the only one DFCS is doing this to and to let you know the same. Did you get a hearing within 72 hours? Anyways, I've not yet hired an attorney, but was advised by one to just go get my kids. That without Due Process, DFCS can not remove your kids. Do you know anything about this?

    I'd really like to hear from you,
    Thanks,
    Shannon
     
  5. jharris352

    jharris352 New Member

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    Normally I would tell all of you to post separately but I am glad to only have to write this once. I am an EXPERT on DFCS in Georgia and have helped 100's of families out of their clutches. DO NOT COOPERATE WITH THEM. Ignore their threats and intimidations. They have very little actual power but they lie, threaten, and make up what they have to "in the best interest of the children."

    At the first instant that DFCS comes to your door you MUST tell them that you will not talk to them without an attorney present. You MUST tell them to leave your property and that you will do absolutely nothing without an attorney. If you can not find a decent attorney to take your case I live in the Atlanta Metro Area and I will find an attorney for you.

    DO NOT be afraid to tell them to go fly a kite. Just as you see from the first poster, all of the cooperation in the work simply helped them build the case that they believe is there. The original poster needs to get an attorney as soon as humanly possible. Email me at gahousetrust@gmail.com if you need assistance doing so.
     
    wrecked likes this.
  6. jharris352

    jharris352 New Member

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    As for a more general answer, they do have an order to remove your child. They get what's called an "Emergency Ex Parte Shelter Care" order. They can say the "believe" that you are sexually assaulting your child and get an order. They must give you a probable cause hearing within 72 hours. They know if they take your child you will panic and cooperate wildly and most likely tell them things they want to know and use against you. They know as a parent you will absolutely freak when they take your children.

    Social Service workers should be horsewhipped for doing such things. I'm working on a public organization through the Governor's office to protect parent's rights from these overzealous social workers. Their job is necessary, the way they carry it out is CRIMINAL.
     
  7. wrecked

    wrecked New Member

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    I am a grandmother whose home was approved by one DFACS worker to be acceptable. It was also visited by a therapist. I had my 4 grandchildren placed with me. When their mother came to pick up her things to go to rehab, the house was a wreck from her being her during the day with the children and dumping her things. I needed a sheriff's deputy to prove she was not spending the night here. While here, the deputy went into the bedroom with my daughter. The next night, DFACS showed up at my door as the deputy had called them because of the condition of the home. These grandchildren had practically lived in our home for 8 years. The DFACS worker gave me a list of things to do, stating that failure to cooperate would result in court action. I complied with all the rules. A few days later, a contract DFACS person arrived in two cars and removed the children and placed them with the other grandfather and his live-in girl friend, her teen-age daughter, and her 21 yr old drug-convicted son. I have been refused contact for the last 2 weeks with my grandchildren. I am the one who first made the mistake of contacting DFACS on my daughter and her husband who lived next door and were addicted to xanax, pain pills and meth. The youngest child, 4 months, was so underweight that someone else had called DFACS before on this. My 4 yr old grandaughter showed me a pain pill she found in her book bag. And yet they were removed from my home because of bad housekeeping, and a "junk room" padlocked, where we kept a multitude of things from our children and 8 grandchildren. Yes, DFACS is crooked, wields too much power, and has no concern about the mental and emotional state of children. Period. Everyone needs to ban together and bring them down to a human level!
     
  8. seniorjudge

    seniorjudge Super Moderator

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    Any posts with personal information will be deleted.
     
  9. BayState

    BayState Moderator

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    Thanks SJ!! :)
     

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